Deck 13: Civil Rights and Employment Discrimination.

Question 1

It is not necessary to prove intentional discrimination to prevail in a disparate impact case.

Answer 1

True

Question 2

According to the Oncale v.Sundowner Offshore Services case referenced inthetext,the U.S.Supreme Court rule that Title VII does not apply to same-sex harassment.

Answer 2

False

Question 3

As the court stated in the Suarez v.Pueblo International,Inc.(2000)case,the ADEA guarantees workplaces "free from the ordinary ebb and flow of power relations and interoffice politics."

Answer 3

False

Question 4

Many states have passed their own fair employment acts.

Question 5

Gender will qualify as a BFOQ where a gender-based restriction is based on the preferences of coworkers,employers,or customers for one sex or the other.

Question 6

If two individuals aged 25 and 35 apply for the same position,under federal law the employer may not lawfully reject either applicant on the basis of age.

Question 7

Discrimination on the basis of pregnancy is a form of sex discrimination under Title VII.

Question 8

The federal statutes on race,gender and employment discrimination apply both to employees and independent contractors.

Question 9

Title VII has been successfully used to challenge English-only workplace rules.

Question 10

Under the Americans with Disabilities Act (ADA)a person who is only regarded as having an impairment that substantially limits one or more of that person's major life activities cannot qualify as disabled.

Question 11

Federal legislation to amend Title VII to include sexual orientation has not been enacted.

Question 12

Under federal law there are no caps on either compensatory or punitive damages when sexual discrimination is involved.

Question 13

Title VII provides that an employer may lawfully hire an individual on the basis of religion,sex,or national origin if religion,sex,or national origin is a bona fide occupational qualification.

Question 14

A majority of the federal courts of appeals have struck down claims for hostile work environment in so-called paramour cases where coworkers have claimed that an employee has received preferential treatment by a supervisor has a result of having sexual relations with the supervisor.

Question 15

The U.S.Supreme Court ruled that sexual harassment must be committed by a member of the opposite sex in order to be actionable.

Question 16

To prevail on a claim for retaliation under Title VII,a plaintiff does not need to prevail on his or her Title VII discrimination claim.

Question 17

A plaintiff claiming disparate impact discrimination based on sex must prove that the employer intentionally discriminated against him or her by denying a benefit or privilege of employment (such as a promotion or pay raise)based upon the individual's sex.

Question 18

Plaintiffs in Title VII cases may only bring claims of harassment based on sex.

Question 19

In the Harris v.Forklift Systems,Inc.case discussed in the text,the U.S.Supreme Court ruled that a showing of a serious effect on an employee's psychological well-being is necessary for a hostile work environment claim under Title VII.

Question 20

A claim for sexual harassment may be asserted by either male or female employees.

Question 21

What is the major provision of the Equal Pay Act of 1963?

A) It mandates equal pay for equal work without regard to gender.
B) It mandates equal pay for equal work without regard to gender or age.
C) It mandates equal pay for equal work without regard to gender, race, or age.
D) It mandates equal pay for equal work without regard to race.

Question 22

Title VII prohibits discrimination based on which of the following?

A) Race, color, and religion
B) Race, color, religion, national origin, sex, or age
C) Race, color, religion, and sex
D) Race, color, religion, national origin, or sex

Question 23

An employee may use the Family and Medical Leave Act for:

A) the birth of a child.
B) the care of a parent.
C) a serious personal health condition rendering the employee unable to do his or her job or the birth of a child.
D) the birth of a child, the care of a parent, a serious personal health condition rendering the employee unable to do his or her job.

Question 24

Under federal law,employees may not waive their rights under the Age Discrimination in Employment Act (ADEA).

Question 25

In theHolcomb v.Iona College case referenced in the text,a white assistant coach of a college basketball team alleged he was fired because he was married to an African American woman,and sued the college for violation of Title VII.How did the court rule?

A) The court ruled that Title VII was inapplicable to such claims.
B) The court ruled that Title VII was inapplicable because a private college, as opposed to a public college, was involved.
C) The court ruled that Title VII protects the parties involved in a racially mixed marriage, but that in other situations, such as dating relationships, Title VII would not apply.
D) The court ruled that Title VII protects employees from discrimination based on their association with a person of a different race.

Question 26

What is the major provision of the Civil Rights Act of 1866 (Section 1981)?

A) It prohibits racial discrimination by employers of over 50 employees in the making and enforcement of contracts, including employment contracts.
B) It prohibits racial discrimination by employers of any size in the making and enforcement of contracts, excluding employment contracts.
C) It prohibits racial discrimination by employers of any size in the making and enforcement of contracts, including employment contracts.
D) It prohibits racial discrimination by employers of over 25 employees in the making and enforcement of contracts, including employment contracts.

Question 27

In theInternational Union United Automobile,Aerospace & Agriculture Implement Workers of America,UAW v.Johnson Controls,Inc.case referenced in the text,employer Johnson Controls had a 'fetal protection policy' that essentially barred women from working in unsafe working environments unless the employee could medically document herinability to bear children.How did the U.S.Supreme Court rule?

A) That the policy was a facially discriminatory policy forbidden under Title VII because it did not also apply to the reproductive capacity of male employees.
B) That the policy was a facially discriminatory policy forbidden under Title VII unless the employer had documented proof that the exposure would likely harm a developing fetus.
C) That the policy was allowable under Title VII unless the female employee had documented proof that the exposure would not likely harm a developing fetus.
D) That the policy was allowable under Title VII so long as the employer had a good faith belief that the exposure would harm a developing fetus.

Question 28

Which of the following is true regarding the filing of a claim under Title VII?

A) There is no requirement that a claim be filed with the EEOC so long as a complaint is filed by a private lawyer within six months after the alleged unlawful employment practice occurred.
B) Although there is not a requirement that a plaintiff first file a charge of discrimination with the EEOC, a plaintiff who does not file a charge may only recover back pay from the date a court action is filed.
C) A plaintiff must file a charge with the EEOC, but the plaintiff may also personally institute a court action to run concurrently with the EEOC investigation.
D) A plaintiff is required to file a charge with the EEOC; but in the event the EEOC does not pursue the matter, the plaintiff may proceed personally after receiving a right-to-sue letter from the EEOC.

Question 29

Which of the following is generally true regarding front pay in discrimination cases?

A) It is a substitute for back pay.
B) It is equal to one-half the back pay amount.
C) It is a substitute for back pay and is generally awarded in addition to reinstatement.
D) It is equal to what the employee would have received had he or she not been discharged and is generally awarded when reinstatement is inappropriate.

Question 30

Which of the following must the plaintiff prove in an Age Discrimination in Employment case?

A) The plaintiff must prove by a preponderance of direct evidence that age was a motivating factor for the challenged employer decision.
B) The plaintiff must prove by a preponderance of the evidence, which may be direct or circumstantial, that age was a motivating factor for the challenged employer decision.
C) The plaintiff must prove by a preponderance of direct evidence that age was the but-for cause of the challenged employer decision.
D) The plaintiff must prove by a preponderance of the evidence, which may be direct or circumstantial, that age was the but-for cause of the challenged employer decision.

Question 31

CASE 13.2,EEOC v.Abercrombie & Fitch Stores,Inc.(2013)involved a question of whether a clothing retailer violated Title VII when it refused to hire a Muslim woman-applicant because she wore a head scarf in violation of its company dress code,and whether the applicant gave proper notice of a religious accommodation.How did the court rule?

A) That the employer did not violate Title VII becausethe employer did not have to accommodate the wearing of the scarf because wearing the scarf involved a cultural practice, not a practice required by the potential employee's religion.
B) That the employer did not violate Title VII becausethe employer did not have to accommodate the wearing of the scarf because the employer established that it did not involve a sincerely held religious belief on the part of the potential employee.
C) That the employer did not violate Title VII becausethe employer did not have to accommodate the wearing of the scarf because such accommodation would place an undue hardship on the employer.
D) That the employer did not violate Title VII because the applicant failed to give proper notice of a religious accommodation.

Question 32

Denial of promotion in retaliation for a person's refusal to respond to his or her supervisor's sexual advances is referred to as __________ harassment.

A) sina qua non
B) quid pro quo
C) actual
D) constructive

Question 33

How long must an employee have worked for an employer in order to be eligible for leave provided by the Family and Medical Leave Act?

A) Two years
B) Twelve months
C) Six months
D) 120 days

Question 34

In the Chevron USA,Inc.v.Echazabal case discussed in the text,the plaintiff claimed Chevron violated his rights under the ADA when it refused to allow him to work in its refinery because of plaintiff's liver disease and concerns regarding his health.How did the U.S.Supreme Court rule?

A) The Court ruled that under the ADA an employer is authorized to refuse to hire an individual if the individual's performance on the job would endanger his or her own health owing to a disability.
B) The Court ruled that under the ADA an employer is only authorized to refuse to hire an individual if the individual's performance on the job would in any manner endanger another employee's health.
C) The Court ruled that under the ADA an employer is only authorized to refuse to hire an individual if he or she has a communicable disease.
D) The Court ruled that under the ADA an employer may not take into consideration a health condition that would present a problem to the applicant or others.The employer may only consider whether the applicant has the skills to do the job.

Question 35

In thePrice Waterhouse v.Hopkins case referenced in the text,a female was denied partnership in an accounting firm after being told that to improve her chances for partnership,she should walk more femininely,talk more femininely,dress more femininely,wear make-up,have her hair styled,and wear jewelry.How did the U.S.Supreme Court rule?

A) That the employer committed sexual stereotyping constituting illegal discrimination.
B) That the employer committed sexual stereotyping, but that such stereotyping did not constitute illegal discrimination.
C) That the employer committed sexual stereotyping but that in such cases, only nominal (minimal) damages are available.
D) That while such statements constituted sexual stereotyping, the employer could avoid liability if it could show that it had received client complaints regarding the female's masculine-type qualities.

Question 36

Which of the following is generally true regarding an award of lost future earnings in discrimination cases?

A) Damages for lost future earnings are generally available so long as front pay is not awarded.
B) Damages for lost future earnings may be awarded in addition to damages for front pay.
C) Damages for lost future earnings are not available if either an award of back pay or front pay is given.
D) Damages for lost future earnings are not available.

Question 37

The plaintiff in theThompson v.North American Stainless,LP case referenced in the text,alleged he was fired as a retaliatory action because his finance had filed a complaint of discrimination against their mutual employer.The employer alleged he had no cause of action.How did the US.Supreme Court rule?

A) The case was dismissed because the man was not personally subjected to discrimination.
B) The case was dismissed because the man was not personally subjected to discrimination and was not married to the person discriminated against.
C) The Court ruled that the man was in the "zone of interests" andcould sue for retaliation, but that his remedies were limited to reinstatement.
D) The Court ruled that the man was in the "zone of interests" and could sue for retaliation without limitation to his remedies.

Question 38

A reasonable accommodation for a disabled employee is required whether or not it would impose an undue hardship on the employer.

Question 39

In the McKennon v.Nashville Banner Publishing Co.case referenced in the text,after-acquired evidence of the plaintiff-employee's misconduct was introduced in a lawsuit filed under the ADEA.How did the U.S.Supreme Court rule?

A) The court ruled that under such circumstances, the plaintiff's claim should be dismissed.
B) The court ruled that under such circumstances, remedies available to the plaintiff should be limited to back pay and should not include reinstatement or front pay.
C) The court ruled that under such circumstances, remedies available to the plaintiff should be limited to back pay and front pay and should not include reinstatement.
D) The court ruled that such evidence has no effect on the lawsuit or on available remedies.

Question 40

In theRicci v.DeStefanocase discussed in the text,seventeen whiteandone Hispanic firefighters sued the City of New Haven.The plaintiffs alleged the city's refusal to certify test results of an examination,which would have made them eligible for promotion,was a violation of Title VII's ban on disparatetreatment.How did the U.S.Supreme Court rule?

A) That the City of New Haven had engaged in illegal disparate impact discrimination.
B) That the City of New Haven had engaged in illegal disparate treatment discrimination.
C) That the City of New Haven had acted appropriately because there was a credible threat of a lawsuit.
D) That the City of New Haven had acted appropriately both because there was a credible threat of a lawsuit and because the City had established, using objective facts, that such a lawsuit could not be afforded.

Question 41

Which of the following is true regarding India's discrimination protection?

A) Indian anti-discrimination law has developed quickly since the implementation of the Indian Constitution.
B) Because of strongly held citizen beliefs, the Indian government has not taken action in regard to the employment of lower caste members.
C) The Indian Supreme Court recognized sexual harassment in the workplace as a personal injury to the affected woman and a violation of her fundamental human rights.
D) While India has not indicated a significant interest in protecting the rights of women, the India Supreme Court issued a specific directive prohibiting age discrimination.

Question 42

Which of the following does Executive Order 11246 require that federal contractors include in every nonexempt government contract?

A) An agreement not to discriminate in employment on the basis of race, color, religion, sex, or national origin.
B) An agreement to hire a certain quota of minorities.
C) An agreement to perform audits of discriminatory practices.
D) An agreement to hire a certain quota of minorities and an agreement to perform audits of discriminatory practices.

Question 43

In CASE 13.1Green v.Franklin National Bank of Minneapolis (2006),plaintiff sued her employer-Bankafter a co-worker repeatedly called her "monkey" and used other slurs.In its decision,the court held for the __________,ruling that __________.

A) plaintiff, the statements were sufficient to create a "racially hostile"work environment and that the plaintiff could recover regardless of whether the defending employer took prompt and appropriate remedial action against the offending employee.
B) plaintiff, the statements were sufficient to create a "racially hostile"work environment but that the plaintiff could not recover because the defending employer took prompt and appropriate remedial action against the offending employee.
C) bank, the statements were insufficient to create a "racially hostile" work environment.
D) bank, the statements were insufficient to create a "racially hostile"work environment and also that the plaintiff failed to follow the employer's complaint procedure.

Question 44

Fact Pattern 13-1
Sam, who is age 60, was told by Big Company that he was being laid off. Sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act. Sam believed that his age was a factor in the decision to lay him off; but he really needed the money, so he signed an agreement whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age discrimination. Sam was given seven days to consider whether to enter into the agreement, and the agreement provided that it was final the date it was signed.
Refer to Fact Pattern 13-1.Did the agreement Sam signed comply with the Older Workers' Benefit Protection Act?

A) No, because it did not give Sam at least twenty-one days to consider whether to enter into the agreement.
B) No, because it did not give Sam at least seven days following execution of the agreement during which he could revoke it.
C) No, because it did not give Sam at least twenty-one days to consider whether to enter into the agreement, and also because it did not give Sam at least seven days following execution of the agreement during which he could revoke it.
D) Yes, it complied with the act.

Question 45

Trudy,a female manager at ABC Company,was surprised to learn that one of her male employees had accused her of sexual harassment.Trudy denied all charges.After a long and expensive battle in court,the jury ruled in favor of ABC Company on all charges.A few days after the trial,Trudy's supervisor fired her for no apparent reason.Trudy obtained evidence in the form of interoffice memos that she was fired because of the charges brought against her.Trudy thought that was unfair because she was completely vindicated by the jury.Are any remedies available to her under Title VII?

A) No remedies are available to her under Title VII because it only protects victims of discrimination and harassment along with witnesses testifying in support.
B) Trudy can sue under Title VII only if she can establish that men had been treated differently when accused of harassment.
C) Trudy can sue under Title VII only if she can establish the existence of an employment contract whereby she can only be discharged for just cause.
D) At least one court has ruled that Trudy has a cause of action under Title VII based upon retaliation.

Question 46

Discuss in detail the response of the EEOC in regard to the protection from discrimination of temporary workers supplied by an employment agency along with remedies available to temporary employees suffering discrimination.

Question 47

Under the EEOC,gender will qualify as a BFOQ where a gender-based restriction is based on:

A) assumptions of the comparative employment characteristics of women in general.
B) the rights of others to privacy.
C) stereotyped characterizations of the sexes.
D) sex but not age.

Question 48

Which of the following is true regarding Japan's discrimination protection?

A) The Japanese constitution does not address discrimination.
B) Japanese statutory law prohibits discrimination on the basis of race and national origin.
C) Japanese statutory law prohibits sex discrimination.
D) Japanese law does not address employment discrimination in regard to hiring based on age.

Question 49

Leave under the Family and Medical Leave Act is:

A) paid leave.
B) unpaid leave.
C) paid leave for 3 weeks and then unpaid.
D) paid leave for 10 weeks and then unpaid.

Question 50

Miranda is a cashier at Super Store.Saturday is their busiest day.She tells her supervisor Sam that she needs to be off every Saturday because that is the religious holiday for the religion to which she has recently converted.What are Sam's obligations to Miranda?

A) He has an absolute obligation under the law to let her off every Saturday unless he can prove that she is not using the time for religious observance.
B) He cannot fire her based on her religious beliefs, but he has no duty to let her off on the busiest day of the week.
C) Under the law, he must allow her to be off as requested, but only if she can establish that under the tenants of her religious beliefs she is doomed if she does not attend worship services regularly.
D) He must make reasonable accommodations for her unless doing so would cause undue hardship on the business.

Question 51

An impairment is a disability under the ADA only if it__________ an individual's ability to perform __________ as compared with most people in the general population.

A) completely prohibits, a major life activity
B) excludes, a major life activity
C) substantially limits, a major life activity
D) impairs in any way, any life activity

Question 52

__________ includes demotions,reductions in pay or other actions that affect an employee's status in a tangible manner.

A) Accommodation
B) Quid pro quo
C) Notice of right to sue
D) Adverse employment action

Question 53

In quid pro quo sexual harassment cases and hostile environment cases,the employer is always vicariously liable under the __________ standard when a supervisor takes a tangible employment action against a subordinate.

A) negligence-in-support-relation
B) aided-in-the-agency-relation
C) federal-directive
D) assisted-in-the-creation

Question 54

Under the Family and Medical Leave Act,eligible employees are entitled to _____ weeks of leave per year.

A) 10
B) 20
C) 12
D) 5

Question 55

Richard is starting a new security service.He tells his attorney,Kiera,that while he plans to prohibit all acts of discrimination and harassment,he cannot be all places at all times.Richard asks Kiera if there is anything he can do to limit his liability.What should she tell him?

A) She should tell him that he has nothing to worry about because as long as he has a rule prohibiting harassment, he cannot be held liable for acts of supervisors.
B) She should tell him that there is nothing he can do because under the law, he is automatically liable for any acts of harassment committed by supervisors.
C) She should tell him that he should have a policy provided to all employees offering to correct any offensive conduct, and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help him avoid liability.
D) She should tell him that he should take advantage of a loophole in Title VII that allows business owners to opt out of the harassment provisions of Title VII.

Question 56

The __________ is the primary enforcer of civil rights legislation in the United States.

A) Department of Commerce
B) Department of the Treasury
C) Equal Employment Opportunity Commission (EEOC)
D) Section 1981 requirement

Question 57

The principal federal law prohibiting discrimination in employment on the basis of age is:

A) Title VII.
B) ADEA.
C) OWBPA.
D) EEOC.

Question 58

Under federal law,individuals under the age _____ have no protection from discrimination based on age.

A) 40
B) 50
C) 55
D) 60

Question 59

Sneaky opened a new dress shop catering to college aged students.Sneaky advertised for sales associates but would only hire applicants who had been trained in computer skills in high school.Sally,age 50,was denied employment on the basis that although she was highly skilled in computer usage,she obtained her training after high school.Computer training was not available in Sally's high school nor was it typically available in high schools during that time period.Sally sued for age discrimination.Sneaky denied liability pointing out that his advertisement only referred to computer training.It in no way referenced an age requirement.Sneaky claimed that the fact that all his associates were younger was simply a coincidence.Which of the following is true regarding Sally's claim?

A) Sneaky should win because he was entitled to require high-school based computer training.
B) Sneaky should win unless Sally can obtain evidence that Sneaky intentionally used the requirement to discriminate based upon age.
C) Sally should win under a disparate treatment theory if she can show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act.
D) Sally should win under a disparate impact theory if she can show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act.

Question 60

Fact Pattern 13-1
Sam, who is age 60, was told by Big Company that he was being laid off. Sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act. Sam believed that his age was a factor in the decision to lay him off; but he really needed the money, so he signed an agreement whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age discrimination. Sam was given seven days to consider whether to enter into the agreement, and the agreement provided that it was final the date it was signed.
Refer to Fact Pattern 13-1.Does Sam have any rights to sue Big Company for age discrimination?

A) No.
B) Yes, because although the agreement complied with the Older Workers' Benefit Protection Act, Sam has six months in which to renounce the agreement and sue for age discrimination.
C) Yes, because the agreement did not comply with the Older Workers' Benefit Protection Act, Sam can sue the company for age discrimination but only if he returns the severance payment.
D) Yes, because the agreement did not comply with the Older Workers' Benefit Protection Act, Sam can sue the company for age discrimination without having to return the severance payment.

Question 61

Specifically set forth what courts consider in order to determine whether there is a hostile or abusive work environment.

Question 62

Susan goes to work for Fashion Company,a U.S.company that has a branch in a repressive Middle Eastern country.Susan agrees to transfer to the Middle Eastern country.After working there for several months she notices that men who are less qualified are promoted to managerial jobs for which she has applied.Susan tells her supervisor,Will,that she is going to sue the company under Title VII because she is being discriminated against on the basis of her sex.He tells her to forget it because Title VII does not apply outside the U.S.He also tells her that even if he wanted to promote her,which he does not,the law in the Middle Eastern country prohibits the promotion of women into managerial positions.Susan tells him that he is nuts because she is fully protected as a U.S.citizen working for a U.S.company.Who is right and why?

Question 63

Bob,age 60,works at Big Company as an assistant manager and has been approached by his supervisor,Sue,on several occasions for a date.She makes lewd and inappropriate comments to him that are very embarrassing.Bob complained to Selina,the president of Big Company,but no action was taken.In fact,Selina told him that he should feel lucky that Sue was interested in an old guy like him and proceeded to tell several jokes involving age and sexual performance.Again,Bob was humiliated and embarrassed.Bob complained to the Equal Employment Commission regarding what he believed was inappropriate conduct involving the requests for dates,and references to sex and age.Selina was told by the Commission representative that she needed to put a stop to inappropriate behavior.A few days later,Bob was told that he was being demoted.He was replaced by a 25 year old female.What causes of action,if any,would Bob have?

Question 64

Set forth the categories of individuals classified as disabled under the Americans with Disabilities Act.