Deck 9: Discrimination in Employment

Question 1

Constitutional, federal and state statutes prohibit discriminatory practices in a number of areas except those that address:

A) Sex
B) Race
C) Lifestyle choices
D) Age

Answer 1

Lifestyle choices

Question 2

Due process is covered by the:

A) Fourteenth Amendment
B) Fifth Amendment
C) Procedural and substantive aspects
D) All of the above

Answer 2

All of the above

Question 3

The presumption test includes the following components except:

A) Presumes innocence until proven guilty
B) Right to remain silent
C) Right to testify against others
D) Right to a jury

Answer 3

Right to testify against others

Question 4

One of the most extensive employment acts is:

A) Title IX
B) Title VII
C) Age Discrimination in Employment
D) Civil Rights Act of 187

Question 5

It is an unlawful employment practice for any employer to discriminate with respect to compensation based on:

A) Race
B) Color, gender
C) Religion, national origin
D) All of the above

Question 6

Which items below are not permissible to raise during an employment interview:

A) Religious affiliation
B) Age
C) Marital status
D) None of the above

Question 7

In a discrimination challenge, which step below is not required:

A) The plaintiff causes the initial burden of establishing a bona fide case of employment discrimination.
B) The employer waits on the plaintiff to produce a preponderance of evidence beyond a reasonable doubt to prove discrimination.
C) The burden then shifts to the employer to demonstrate a non-discriminatory purpose for its employment decision.
D) If the employer is successful, the burden shifts to the plaintiff to show that the employer's actions were a mere pretext for discrimination.

Question 8

Two leading cases address employment discrimination that resulted in the U.S. Supreme Court's three-step procedure for Title VII claims were:

A) McDonnell Douglass Corp. v. Green and Furnco Construction Corp. v. Walters
B) Ledbetter v. Goodyear Tire and Rubber Co. and Grove City College v. Bell
C) School Board of Nassau County Florida v. Arline
D) Griggs v. Duke Power and United States of America v. South Carolina

Question 9

Title VII was amended by the following acts with the exception of:

A) Civil Rights Act of 1991
B) Ledbetter Fair Pay Act
C) Equal Pay Act
D) Fair Labor Standards

Question 10

Retaliation is prohibited against an individual who files a discrimination charge based on:

A) Grove City College v. Bell
B) Northaven Board of Education v. Bell
C) Title VII
D) The Office of Civil Rights

Question 11

A leading U.S. Supreme Court case that addresses retaliation is:

A) Mathews v. Eldridge
B) Jackson v. Birmingham Board of Education
C) Ledbetter v. Goodyear Tire and Rubber Company
D) McDonnell Douglas Corp. v. Green

Question 12

Title IX covers discrimination based on:

A) Recruiting and admissions
B) Financial Aid
C) Athletics
D) All of the above

Question 13

Sexual harassment is prohibited by:

A) Title VII and Title IX
B) Civil Rights Act of 1871
C) Civil Rights Act of 1866
D) Title VI

Question 14

Sexual harassment does not include:

A) Requesting a date and refusing to accept "no" as an answer
B) Prolonged staring at another person
C) Hugging a willing friend of the opposite sex
D) Unwanted touching of a person's hair or clothing

Question 15

Sexual harassment was included in Title VII of the Civil Rights Act of 1964 in:

A) 1970
B) 1980
C) 1990
D) 1999

Question 16

The Civil Rights Act of 1964 did not apply to public schools until 1972.

Question 17

The Civil Rights Act of 1991 allows compensatory punitive damages in cases involving intentional discrimination.

Question 18

The equal protection clause of the Fourteenth Amendment provides protection against group discrimination and unfair treatment.

Question 19

The Equal Opportunity Commission developed a three step procedure for Title VII challenges.

Question 20

An individual claiming discrimination under Title VII must file a complaint with EEOC within 160 days following the alleged unlawful employment practice.

Question 21

In Title VII challenges, the defendant carries the initial burden of showing that his actions were based on a non-discriminatory purpose.

Question 22

Title IX prohibits sex discrimination in both public and private institutions that receive federal funds.

Question 23

Title IX is administered by EEOC.

Question 24

A person with a contagious disease may be considered disabled under Section 504.

Question 25

Griggs v. Duke Power is one example of social discrimination.

Question 26

Unlike Title VII, no remedial action is attached to the equal protection clause, unless there is clear evidence the discrimination by race was caused by deliberate laws or policies to promote segregation.

Question 27

If a plaintiff prevails under the Civil Rights Act of 1991, he/she is entitled to compensatory damages and a jury trial.

Question 28

Egregious conduct is required by an employer in order to pursue compensatory and punitive damages under the Civil Rights Act of 1991.

Question 29

In the United States v. State of Carolina case, the state was found guilty of violating the Fourteenth Amendment and Title VII through the use of minimum score requirements on the NTE because it had a disproportionate impact on black teachers.

Question 30

Title VII involves two basic types of claims involving discrimination.

Question 31

The Age Discrimination in Employment Act was amended in 1967.

Question 32

Individuals who are employed in educational institutions may be required to retire at age 70.

Question 33

School districts may require a female teacher to wait until the following semester after giving birth to return to school in order to maintain continuity in the instructional program.

Question 34

Title IX prohibits retaliation against an individual who filed a discrimination charge, or participated in a discrimination hearing but does not protect a person who simply opposed discrimination (Title VII) (Does protect those who opposed discrimination.)

Question 35

Adverse action includes unjustified negative evaluations or job references as well as threats which are either subtle or overt.

Question 36

An individual who has a close association with someone who has engaged in protected activities associated with a discrimination hearing is not protected against adverse action. (The individual is protected.)

Question 37

Younger workers protected by ADEA may legally state a claim if they are treated less favorably than older workers who are also protected by the ADEA. (U.S. Supreme Court ruled against younger workers in General Dynamics Land Systems v. Cline.)

Question 38

The Family and Medical Leave Act (FMLA) allows employees up to 12 weeks of unpaid leave during any 12 month period for the birth and care of a newborn child, adoption of a son or daughter and leave time when an employee is unable to work due to a serious illness. (Only eligible employees who have been employed 12 months or at least 1,250 hours over a 12 month period).

Question 39

The court held in Franklin v. Gwinnett that unwelcome sexual advances that create a hostile work environment violate Title VII.
Fill in the Blank

Question 40

The ________________ of the Fourteenth Amendment provides protection against group discrimination and unfair treatment.

Question 41

The ____________________________ did not apply to discriminatory employment practices in educational institutions until 1972.

Question 42

The _____________________ amended Title VII to provide for compensatory and punitive damages, and jury trials in cases involving intentional discrimination.

Question 43

____________________ is also covered under Title IX of the Education Amendments Act.

Question 44

The Supreme Court held in the ____________________________ case that Title IX does apply to and prohibit sexual discrimination in employment.

Question 45

An individual claiming discrimination under Title VII must file a complaint with EEOC within _____days following the alleged unlawful employment practice or within 300 days if a claim has been filed with a local or state civil rights agency.

Question 46

Both ___________________________ affect public schools by prohibiting disability based on discrimination.

Question 47

The term ___________ means an action that requires significant difficulty or expense to provide reasonable accommodations for individuals with disabilities.

Question 48

In the ________________________________ case, the U.S. Supreme Court held that an employer's conduct need not be independently egregious to satisfy the requirements for punitive damages in an employment discrimination case.

Question 49

One of the most compelling cases involving social discrimination occurred in the _________________ case.

Question 50

In the ____________________________, one state succeeded in demonstrating job relatedness through its use of test scores for both certification purposes and as a salary factor.

Question 51

______________________ and ________________ are two types of discrimination claims involving Title VII of the Civil Rights Act of 1964.

Question 52

In ___________________________________, the Court held that mandatory maternity terminations specify the number of months before anticipated childbirth violated the equal protection clause of the Fourteenth Amendment.

Question 53

______________ is a more serious level of sexual harassment involving coercion or unwanted physical relations between a superior and a subordinate employee.

Question 54

In the ____________________________, the U.S. Supreme Court held that unwelcome sexual advances create an offensive or hostile work environment in violation of Title VII.

Question 55

Illustrate by example the application of disparate treatment and disparate impact regarding employment discrimination. Provide an operational example of each one. (Be specific.)

Question 56

Discuss the remedies available for proof of discrimination under Title VII.

Question 57

Discuss the four aspects of due process and illustrate by example the applications of each in discrimination cases.

Question 58

Develop a set of guidelines that should be followed by school leaders based on the Genetic Information Discrimination Act including appropriate and inappropriate measures.