Deck 3: Overview of Employment Discrimination

Question 1

In a disparate treatment case, the focus is on the employer's intention.

Answer 1

True

Question 2

Which of the following must be shown in order to establish a prima facie case of   retaliation?

A)that the employee was replaced by someone with differing protected class characteristics
B)that the employee lost an employment opportunity shortly after engaging in protected activity
C)that the employer's action was based on the employee's race, sex, or other protected class characteristic
D)that the employer's action was based on a disagreement with a superior and that the firing was unrelated to quality of the employee's job performance

Answer 2

B

Question 3

A claim for retaliation can be brought only by the person who was retaliated against.

Answer 3

False

Question 4

Which of the following is a type of disparate treatment?

A)adverse impact
B)retaliation
C)reverse impact

Question 5

For a disparate treatment case involving pretext, which is the correct order of proof?

A)plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent
B)plaintiff's evidence supporting discriminatory intent, defendant's lawful motive, plaintiff's prima facie case
C)plaintiff's primary evidence, defendant's primary evidence, plaintiff's rebuttal showing discriminatory motive

Question 6

Since the passage of the Civil Rights Act of 1964, employment discrimination has largely disappeared from the workplace.

Question 7

Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case?

A)proof that the employer intended to discriminate
B)proof that the employer's stated motive is not credible
C)statistical evidence of discriminatory effects
D)proof that the employer's stated reason for its action is false or incredible

Question 8

The key element in disparate treatment is discriminatory intent. In this context, that means that:

A)the decision-maker made the decision with intent to harm
B)the decision-maker made the decision with intent to break the law
C)the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee
D)the decision-maker made the decision with personal animus

Question 9

In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:

A)there is an alternative practice that would have less discriminatory effects, but the employer declines to use it
B)the employer has engaged in a pattern or practice of discrimination
C)the difference in selection rates across protected class groups is statistically significant
D)the four-fifth's rule has been violated

Question 10

Three employees working for the same company were found to have stolen company cargo.  Two of the employees were white, and one was black.  The two white employees were fired, but not the black employee.  If the white employees sue, the court will most likely decide:

A)for the employer, because the employees were guilty of theft
B)for the employer, because the employees were employees at will
C)for the employee, because the employer treated him differently based on his race
D)for the employee, because his employer was within its discretion to fire some, but not all employees guilty of theft

Question 11

Regarding cases alleging disparate treatment and pretext, it is correct to say:  ​

A)disparate treatment is unintentional or accidental ​
B)evidence in a pretext case can be either direct or circumstantial
C)the employer has violated Title VII if it would not have made the same decision absent the discriminatory motive
D)they are relatively rare and with current legislation are not likely to be significant in the future

Question 12

Which of the following is true regarding discrimination?

A)the number of discrimination claims filed has decreased over the past decade as employers have paid more attention to promoting diversity in the workplace
B)discrimination has become more subtle and difficult to eliminate in recent years
C)the main challenge in confronting discrimination is to get women and persons of color into workplaces; they can take it from there
D)discrimination occurs anytime that persons are treated unequally or unfairly in the workplace

Question 13

Protected activity in a retaliation claim under Title VII includes:

A)violent protests opposing an employer's alleged discrimination
B)testifying in court about another employee's discrimination claim
C)filing a discrimination charge against an employer
D)refusing to assist in the investigation of a discrimination claim

Question 14

Which of the following is true? Title VII of the Civil Rights Act:

A)protects employees against discrimination based on race, sex, national origin, and disability
B)applies to employers that have 15 or more employees
C)protects employees against discrimination based on sexual orientation
D)protects employees against discrimination based on height, weight and physical appearance

Question 15

In a disparate impact case, the focus is on the employer's intention.

Question 16

A firm had been sued and found guilty of religious discrimination against people who practiced Judaism, and managers were instructed to be very careful to avoid another similar suit.  To that end, Jewish employees, but not others, were given raises. Of the following, what is the most correct assessment of this policy?

A)the policy is sound, both legally and ethically
B)the policy is sound legally, but not ethically
C)the policy is neither legally nor ethically sound
D)the policy is sound ethically, but not legally

Question 17

Of the elements necessary to prove a case of disparate treatment involving pretext, which of the following is NOT required?

A)plaintiff applied for the employment opportunity
B)plaintiff was qualified for the employment opportunity ​
C)plaintiff was not hired for the employment opportunity
D)plaintiff was as qualified for the employment opportunity as the person hired

Question 18

In disparate treatment cases:

A)the focus is on proving the employer's discriminatory intent
B)the focus is on showing the discriminatory effects of the employer's actions
C)the focus is on showing that unfair treatment occurred
D)the focus is on showing that the employer holds racist or sexist views

Question 19

Which of the following is a protected class characteristic?

A)religion
B)height
C)intelligence
D)management status

Question 20

Which of the following is a neutral requirement that is likely to result in adverse impact?

A)race
B)language requirement
C)physical strength test
D)language requirement and physical strength test

Question 21

Certain protected classes are recognized under various state law but not under federal law.  Name them.

Question 22

Why is each of the following good legal advice? ​
a.Employers must not make employment decisions based, in whole or in part, on the protected class characteristics of employees.
b. Employers should have policies and be consistent in how they apply and enforce them.
c. Employment requirements and practices should be scrutinized for their potential to disadvantage protected class groups and for evidence of their job relatedness and business necessity.
d.Employers need to exercise particular care in making employment decisions regarding employees that have filed charges or spoken out about discrimination.
e. Employers need to maintain good documentation and be prepared to explain why particular employment decisions were made.

Question 23

Of the following, the most effective way for an employer to respond to an employee's claim of retaliation would be:

A)to show that the employee is lying
B)to show that the employee was not retaliated against, but rather disciplined for poor performance or the like
C)to show that the employee should never have been hired in the first place.

Question 24

An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work.  The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination? ​

A)No, because practice is neutral, and therefore non-discriminatory.
B)No, because she was offered alternative positions.
C)Yes, because the practice was a form of disparate impact.
D)Yes, because the firm did not create a different rule for bathroom breaks for her.

Question 25

In disparate impact cases:

A)the focus is on proving the employer's discriminatory intent
B)the focus is on showing the discriminatory effects of the employer's actions
C)the focus is on showing that unfair treatment occurred
D)the focus is on showing that the employer holds racist or sexist views

Question 26

Sam and Sarah, husband and wife, both worked for an aluminum siding firm, doing similar work in production. Their co-worker, Ahmed, who was a Muslim, was systematically harassed by their supervisor, who called him a terrorist, denied him the right to pray, and generally made his life at work very difficult. Sarah spoke up on his behalf, and the supervisor demoted Sam, her husband. Which of the following statements is most correct? ​

A)Ahmed has a cause of action against the employer for retaliation, but Sam does not
B)Sarah has a cause of action against the employer for retaliation, but Sam does not
C)Sam has a cause of action against the employer for retaliation
D)There are no causes of action arising from this set of facts