Deck 19: Employment Discrimination

Question 1

Mark was refused employment at a Christian bookstore because he was not a "born-again Christian." If Mark brings a Title VII action against the bookstore, the bookstore's best defense would be

A)it did not discriminate against a protected category.
B)Title VII doesn't apply to private businesses.
C)being a "born-again Christian" is a bona fide occupational qualification.
D)it could not reasonably accommodate Mark.

Answer 1

C

Question 2

Madeline--a white woman--applied for a job as an attendant in a men's bathroom at a fancy hotel. The hotel refused to hire her. A court would be likely to rule in favor of the hotel on the basis of which BFOQ?

A)authenticity
B)merit
C)privacy
D)reverse discrimination

Answer 2

C

Question 3

Heather applied for a promotion, but her manager promoted a coworker because the manager knew Heather was seven months pregnant. The manager did not want to promote someone who would probably be taking time off of work for childbirth and child care. The manager has acted legally and reasonably to protect her company's interests.

Answer 3

False

Question 4

In order to be considered sexual harassment, behavior must be so severe that it interferes with an employee's ability to work.

Question 5

As part of the hiring process, it is legal for employers to use any personal information potential employees post on social media.

Question 6

Which of the following would be a reasonable accommodation under the ADA?

A)modifying a job description and job duties to accommodate the disabled worker
B)assigning a shadow employee to work with the disabled worker
C)providing part-time schedules to accommodate the disabled worker
D)creating a new job that the disabled worker can perform

Question 7

Generally speaking, an employer does not have to give workers a day off on their religious Sabbath if doing so would cause an undue hardship for the employer.

Question 8

Alice works for a large advertising agency where she is hoping to be promoted to a management position. Alice's mother and two sisters all died of breast cancer at a young age. Alice's employer knows this, and will not put Alice in a management position because he fears that she will also develop cancer. This decision is allowed because it is in the best interest of the company.

Question 9

The EEOC is the federal agency responsible for enforcing Title VII.

Question 10

Laura intends to file a Title VII lawsuit against her employer. Which of the following is true?

A)Laura is required to first file a complaint to the Equal Employment Opportunity Commission.
B)Laura must first submit her claim to a state civil rights commission before she may proceed with her lawsuit.
C)If the EEOC determines Laura has no case against her employer, she may not file a lawsuit.
D)Laura may initiate a lawsuit or file with the EEOC as she so elects.

Question 11

Quid pro quo sexual harassment cases involve coworkers making offensive jokes or rude comments or displaying pornographic materials, but not sexual offers or requests.

Question 12

Which of the following can never be a bona fide occupational qualification?

A)race
B)religion
C)sex
D)None of these are correct.

Question 13

Under the Equal Pay Act of 1963, an employee may not be paid at a lesser rate than employees of the opposite sex for tasks requiring equal skill, effort, and responsibility under similar working conditions.

Question 14

Under which circumstances would the EEOC consider obesity to be a disability?

A)only if it has an underlying physiological cause
B)only if the individual is morbidly obese
C)if it has an underlying physiological cause and/or if the individual is morbidly obese
D)being overweight is not considered a disability under any circumstances

Question 15

Retaliation means that an employer has done something that would deter a reasonable worker from complaining about discrimination.

Question 16

Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate on the basis of race, color, religion, sex, or national origin.

Question 17

Lamont is an African-American male. His employer tends to give him low-level tasks at work because he does not believe African-Americans are as skilled as other ethnic groups. Under Title VII, Lamont's employer is engaging in which illegal activity?

A)disparate treatment
B)retaliation
C)family responsibility discrimination
D)reverse discrimination

Question 18

Which of the following statements is TRUE regarding immigration under Title VII?

A)An interviewer cannot ask an applicant if he or she is authorized to work in the United States.
B)Once hired, an employer chooses three forms of evidence that the applicant must provide proving he or she is authorized to work in the United States.
C)It is illegal for employers to discriminate against non-citizens because "national origin" is a protected category.
D)Once hired, employers must turn I-9 records over to the immigration office.

Question 19

There are four types of illegal activity under the Civil Rights Act of 1964. Which choice lists these four?

A)disparate treatment, disparate impact, hostile environment, and retaliation
B)disparate employment, unfair promotions, hostile environment, and unfair firing
C)false reports, retaliation, prima facie discrimination, sexual harassment
D)religious disparaging, racial profiling, sexual harassment, unfair promotions

Question 20

Brian is a police officer. He just turned 54 years old and is worried that he will be forced to retire next year when he turns 55. The Age Discrimination in Employment Act will protect him if his employer tries to force him to retire early.

Question 21

Which of the following questions could an interviewer safely ask a candidate in a job interview?

A)Are you a United States citizen?
B)When did you graduate from college?
C)Could you carry a 100-pound weight, as required by this job?
D)Are you married?

Question 22

Under the ADEA, an employer can win a disparate impact case if it can show that the discriminatory decision was based on a reasonable factor other than

A)age.
B)sex.
C)race.
D)national origin.

Question 23

Which of the following is TRUE about affirmative action?

A)Affirmative action is required by Title VII.
B)Affirmative action is prohibited by Title VII.
C)Affirmative action is allowed in government contracts if it can show the programs are needed to overcome specific past discrimination.
D)Affirmative action programs are usually voluntary on the part of employers, since courts have no power to order remedies for past discrimination.

Question 24

What is the process for filing a suit under Title VII of the Civil Rights Act?

Question 25

Which federal law protects Americans from being treated unfairly because of differences in their DNA that may affect their health?

A)Title VII of the Civil Rights Act
B)the Pregnancy Discrimination Act
C)the Americans with Disabilities Act
D)the Genetic Information Nondiscrimination Act

Question 26

What are three general defenses an employer can raise if sued for violating Title VII of the Civil Rights Act?

Question 27

Sullivan Consumer Products Co. asks its employees to apply four tests in determining whether their behavior violates Title VII with respect to sexual harassment. Which of the following is one of the four tests?

A)Would your friends be impressed with your behavior?
B)Do you think your behavior is humorous?
C)Would your behavior help you to get a promotion?
D)Would you like your behavior reported in your local newspaper?

Question 28

Explain the Title VII requirements on affirmative action, and identify three sources of affirmative action programs.

Question 29

Which of the following are remedies available to a successful plaintiff under Title VII?

A)hiring, reinstatement, and back pay
B)front pay, reasonable attorney fees
C)reasonable attorney's fees and damages up to $300,000
D)All of these are correct.

Question 30

An employer would be expected to make reasonable accommodations for a disabled worker, such as

A)creating a new job that the worker can do.
B)adapting the work environment for all employees so the disabled worker doesn't feel segregated or stigmatized.
C)providing transportation to and from the worker's home.
D)allowing a part-time schedule.

Question 31

The Age Discrimination in Employment Act protects persons

A)between 30 and 65 years of age.
B)age 70 and older.
C)between 45 and 70 years of age.
D)age 40 and older.

Question 32

What accommodations might an employer be expected to make for a disabled employee? What standard is used to determine whether an employer would be expected to make these accommodations?

Question 33

Which of the following traits is NOT currently protected under Title VII?

A)national origin
B)sexual orientation (homosexual vs. heterosexual)
C)gender (male vs. female)
D)family responsibility (mothers vs. fathers)

Question 34

Discuss the two categories of sexual harassment.

Question 35

Which of the following is TRUE in cases based on claims of disparate treatment?

A)The plaintiff must prove that the defendant intentionally discriminated.
B)The defendant must have made a disparaging remark about the plaintiff.
C)The defendant must prove that the plaintiff is not qualified for the position.
D)The plaintiff must prove that he or she was discriminated against because of his or her education level.

Question 36

An employer may be liable for an employee's sexual harassment if

A)the supervisor scheduled the plaintiff and defendant to work together.
B)the defendant showed signs of being distraught over the harassment.
C)the plaintiff suffered a "tangible employment action" such as firing or demotion.
D)All of these are correct.