Deck 33: Equal Opportunity in Employment
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Deck 33: Equal Opportunity in Employment
1
The ________ is a federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation.
A)Civil Rights Act of 1968
B)Title II of Genetic Information Nondiscrimination Act
C)Civil Rights Act of 1866
D)Lilly Ledbetter Fair Pay Act
A)Civil Rights Act of 1968
B)Title II of Genetic Information Nondiscrimination Act
C)Civil Rights Act of 1866
D)Lilly Ledbetter Fair Pay Act
D
2
The ________ was intended to eliminate job discrimination based on race,color,national origin,sex,and religion.
A)Lilly Ledbetter Fair Pay Act
B)Fair Employment Practices Act
C)Title II of Genetic Information Nondiscrimination Act
D)Title VII of the Civil Rights Act of 1964
A)Lilly Ledbetter Fair Pay Act
B)Fair Employment Practices Act
C)Title II of Genetic Information Nondiscrimination Act
D)Title VII of the Civil Rights Act of 1964
D
3
Which of the following best describes the scope of Title VII of the Civil Rights Act of 1964?
A)It applies to all employers irrespective of the number of employees.
B)It does not apply to labor unions.
C)It does not cover state and local governments.
D)It does not apply to Native American tribes.
A)It applies to all employers irrespective of the number of employees.
B)It does not apply to labor unions.
C)It does not cover state and local governments.
D)It does not apply to Native American tribes.
D
4
________ discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race,color,national origin,sex,or religion.
A)Disparate-treatment
B)Disparate-impact
C)Favored-treatment
D)Unfair-impact
A)Disparate-treatment
B)Disparate-impact
C)Favored-treatment
D)Unfair-impact
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5
If a person believes that he or she has been discriminated against in the workplace,he or she cannot immediately file a lawsuit against the employer.
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6
A complainant may file his or her employment discrimination claim with ________ instead of the Equal Employment Opportunity Commission (EEOC).
A)Americans with Disabilities Agency (ADA)
B)Age Discrimination in Employment Agency (AEDA)
C)a state Fair Employment Practices Agency (FEPA)
D)Bona fide occupational qualification Agency (BFOQA)
A)Americans with Disabilities Agency (ADA)
B)Age Discrimination in Employment Agency (AEDA)
C)a state Fair Employment Practices Agency (FEPA)
D)Bona fide occupational qualification Agency (BFOQA)
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7
The Equal Employment Opportunity Commission (EEOC)and a complainant can jointly sue an employer who discriminated against the complainant.
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8
To bring a claim for disparate-treatment discrimination,the complainant must prove that ________.
A)he or she is disabled
B)he or she was rejected due to over-qualification
C)he or she belongs to a Title VII protected class
D)he or she is covered by Title I of the Americans with Disabilities Act (ADA)
A)he or she is disabled
B)he or she was rejected due to over-qualification
C)he or she belongs to a Title VII protected class
D)he or she is covered by Title I of the Americans with Disabilities Act (ADA)
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9
The ________ is the federal agency responsible for enforcing most federal antidiscrimination laws.
A)Equal Employment Opportunity Commission (EEOC)
B)Fair Employment Practices Agency (FEPA)
C)Age Discrimination in Employment Agency (ADEA)
D)Bona fide occupational qualification Agency (BFOQA)
A)Equal Employment Opportunity Commission (EEOC)
B)Fair Employment Practices Agency (FEPA)
C)Age Discrimination in Employment Agency (ADEA)
D)Bona fide occupational qualification Agency (BFOQA)
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10
Which of the following is true of employment discrimination as defined under Title VII of the Civil Rights Act of 1964?
A)Disparate-treatment discrimination can be proven through statistical data about an employer's employment practices.
B)Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.
C)Disparate-treatment discrimination occurs when an employer discriminates against an individual of a protected class.
D)Sexual harassment and refusal to hire physically challenged employees are illustrations of disparate-impact discrimination.
A)Disparate-treatment discrimination can be proven through statistical data about an employer's employment practices.
B)Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.
C)Disparate-treatment discrimination occurs when an employer discriminates against an individual of a protected class.
D)Sexual harassment and refusal to hire physically challenged employees are illustrations of disparate-impact discrimination.
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11
A member of a minority race applies for a promotion to a position advertised as available at his company.The minority applicant,who is qualified for the position,is rejected by the company,which then hires a nonminority applicant for the position.The minority applicant can bring a claim under ________.
A)Title I of Americans with Disabilities Act
B)Title II of Genetic Information Nondiscrimination Act
C)Title VII of the Civil Rights Act
D)Lilly Ledbetter Fair Pay Act
A)Title I of Americans with Disabilities Act
B)Title II of Genetic Information Nondiscrimination Act
C)Title VII of the Civil Rights Act
D)Lilly Ledbetter Fair Pay Act
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12
Which of the following is true of the Equal Employment Opportunity Commission (EEOC)?
A)It can seek injunctive relief.
B)Its members are elected from state legislatures.
C)Its jurisdiction is limited to charges of racial discrimination.
D)It can register a complaint from a person who has filed a discriminatory lawsuit against the employer.
A)It can seek injunctive relief.
B)Its members are elected from state legislatures.
C)Its jurisdiction is limited to charges of racial discrimination.
D)It can register a complaint from a person who has filed a discriminatory lawsuit against the employer.
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13
The Bona Fide Occupational Qualification Agency (BFOQA)is the federal administrative agency that is responsible for enforcing most federal antidiscrimination laws.
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14
Which of the following is an instance of disparate-treatment discrimination?
A)An employer does not promote Kelly because she is about to take maternity leave.
B)Ghalib, who is fluent in English, is not hired as a writer due to his Iraqi heritage.
C)An employer refuses to install a wooden ramp to accommodate Lin who is restricted to a wheelchair.
D)A factory hires 22-year old Jerry over 46-year old Barry, citing age as the reason.
E)All of the above
A)An employer does not promote Kelly because she is about to take maternity leave.
B)Ghalib, who is fluent in English, is not hired as a writer due to his Iraqi heritage.
C)An employer refuses to install a wooden ramp to accommodate Lin who is restricted to a wheelchair.
D)A factory hires 22-year old Jerry over 46-year old Barry, citing age as the reason.
E)All of the above
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15
The jurisdiction of the Equal Employment Opportunity Commission (EEOC)is restricted to investigating charges of discrimination based on sex.
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16
The Equal Employment Opportunity Commission (EEOC)will not issue a right to sue letter to the complainant if it does not find a violation upon investigation of the charge.
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17
If the Equal Employment Opportunity Commission (EEOC)chooses not to bring suit,it issues a(n)________ to the complainant.
A)affirmative defense
B)right to sue letter
C)filing date
D)document of claim
A)affirmative defense
B)right to sue letter
C)filing date
D)document of claim
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18
Which of the following is true of the right to sue letter issued by the Equal Employment Opportunity Commission (EEOC)?
A)It is issued when the Equal Employment Opportunity Commission (EEOC)chooses to bring suit.
B)It is issued when the Equal Employment Opportunity Commission (EEOC)does not find a violation.
C)It is issued when the complainant is found guilty.
D)It is issued only when the discrimination is racial in nature.
A)It is issued when the Equal Employment Opportunity Commission (EEOC)chooses to bring suit.
B)It is issued when the Equal Employment Opportunity Commission (EEOC)does not find a violation.
C)It is issued when the complainant is found guilty.
D)It is issued only when the discrimination is racial in nature.
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19
________ discrimination occurs when an employer discriminates against an entire protected class through the effects of a seemingly neutral policy.
A)Disparate-treatment
B)Disparate-impact
C)Favored-treatment
D)Unfair-impact
A)Disparate-treatment
B)Disparate-impact
C)Favored-treatment
D)Unfair-impact
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20
Gloria's employer deducted 20 percent of her pay in the month of January due to personal problems he had with her.Under the Lilly Ledbetter Fair Pay Act,what period of time does Gloria have to file an employment discrimination claim?
A)within the month of July the same year
B)within the end of the financial year
C)within the month of April the same year
D)she cannot file such a claim, as she was not discriminated against.
A)within the month of July the same year
B)within the end of the financial year
C)within the month of April the same year
D)she cannot file such a claim, as she was not discriminated against.
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21
Explain the scope and provisions of Title VII of the Civil Rights Act.
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22
If an employer categorically refuses to promote all persons of the Asian race,the company has engaged in disparate-impact discrimination.
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23
Title VII of the Civil Rights Act was intended to eliminate job discrimination based on race,color,national origin,sex,and religion.
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24
Distinguish between disparate-treatment and disparate-impact discrimination.
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25
If a company does not hire certain employees because of their accents,it has committed ________ discrimination.
A)genetic information
B)sex
C)color
D)national origin
A)genetic information
B)sex
C)color
D)national origin
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26
A person having origins in any of the original peoples of the Middle East belongs to the Caucasian racial group.
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27
Labor unions are not covered under Title VII of the Civil Rights Act.
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28
Federal workers are not covered under the Equal Pay Act.
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29
Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.
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30
An employee feels discriminated against by his employer,based on his religion.Who must he approach before filing a lawsuit against the employer? Describe the process.
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31
U.S.citizens employed by U.S.companies located in foreign countries are not covered by Title VII of the Civil Rights Act of 1964.
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32
Disparate-treatment discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race,color,national origin,sex,or religion.
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33
If an employer refuses to hire individuals belonging to a particular community,that would violate ________.
A)Title I of the Americans with Disabilities Act
B)Title II of the Genetic Information Nondiscrimination Act
C)Title VII of the Civil Rights Act of 1964
D)Title IV of the Genetic Information Nondiscrimination Act
A)Title I of the Americans with Disabilities Act
B)Title II of the Genetic Information Nondiscrimination Act
C)Title VII of the Civil Rights Act of 1964
D)Title IV of the Genetic Information Nondiscrimination Act
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34
If a light-skinned member of a race refuses to hire a dark-skinned member of the same race,it constitutes racial discrimination.
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35
Native American tribes and tax-exempt private clubs are expressly excluded from Title VII of the Civil Rights Act of 1964.
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36
A plaintiff must file a claim against an employer within 180 days of the most recent paycheck violation.
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37
QuickMoney LLC is looking to fill its chief executive officer position,as the current CEO is retiring soon.QuickMoney receives applications for this position from many persons,including Joe Thomas,an African-American.Mr.Thomas is the best-qualified applicant for the job.If QuickMoney does not hire Mr.Thomas because he is African-American,the company has engaged in ________ discrimination.
A)genetic information
B)race
C)color
D)national origin
A)genetic information
B)race
C)color
D)national origin
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38
Which type of discrimination is based on a person's heritage or cultural characteristics?
A)race discrimination
B)color discrimination
C)national origin discrimination
D)genetic information discrimination
A)race discrimination
B)color discrimination
C)national origin discrimination
D)genetic information discrimination
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39
Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees.
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40
A complainant can file his or her claim of discrimination with a state fair employment practices agency instead of the Equal Employment Opportunity Commission (EEOC).
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41
Lila Miller who works for a large software firm is four months pregnant and is due for a promotion.However,her employer offers the promotion to Harry Oswald,a less-experienced candidate,as Lila would go on maternity leave soon and would be unable to perform her duties.Which of the following is true of this scenario?
A)Lila's employer is not liable for disparate-treatment discrimination.
B)Lila's employer is liable for disparate-impact discrimination.
C)The employer was justified in denying Lila the promotion.
D)Lila's employer may have violated Title VII of the Civil Rights Act of 1964.
A)Lila's employer is not liable for disparate-treatment discrimination.
B)Lila's employer is liable for disparate-impact discrimination.
C)The employer was justified in denying Lila the promotion.
D)Lila's employer may have violated Title VII of the Civil Rights Act of 1964.
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42
Using a sexually explicit picture or screensaver to mock an employee constitutes ________.
A)sex discrimination
B)quid pro quo sex discrimination
C)sexual harassment
D)emotional abuse
A)sex discrimination
B)quid pro quo sex discrimination
C)sexual harassment
D)emotional abuse
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43
An employer pays higher wages to Shelly-who has worked with the company for six years-than Samuel,who holds a similar position to Shelly and performs the same functions as her and has worked with the company for only five and a half years.Which of the following is true of this case?
A)The employer has violated the Fair Employment Practices Act.
B)The employer is liable for disparaged-treatment discrimination.
C)The employer is liable for disparaged-impact discrimination.
D)The employer may not have violated the Equal Pay Act.
A)The employer has violated the Fair Employment Practices Act.
B)The employer is liable for disparaged-treatment discrimination.
C)The employer is liable for disparaged-impact discrimination.
D)The employer may not have violated the Equal Pay Act.
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44
The U.S.Supreme Court has held that sexual harassment that creates a hostile work environment violates ________.
A)Title VII of the Civil Rights Act
B)Fair Employment Practices Act
C)Title II of Genetic Information Nondiscrimination Act
D)Title I of the Americans with Disabilities Act
A)Title VII of the Civil Rights Act
B)Fair Employment Practices Act
C)Title II of Genetic Information Nondiscrimination Act
D)Title I of the Americans with Disabilities Act
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45
In 1978,the ________ which prohibits employment discrimination because of pregnancy,childbirth,or related medical conditions was enacted as an amendment to Title VII of the Civil Rights Act.
A)Pregnancy Discrimination Act
B)Sex Discrimination Act
C)Gender Discrimination Act
D)Sexual Harassment Act
A)Pregnancy Discrimination Act
B)Sex Discrimination Act
C)Gender Discrimination Act
D)Sexual Harassment Act
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46
Which of the following is true of the Equal Pay Act?
A)It protects both sexes from pay discrimination based on sex.
B)Federal workers are covered under the Equal Pay Act.
C)Employees cannot bring a private cause of action against an employer for violating the Equal Pay Act.
D)An employer who has violated the Equal Pay Act must lower the wages of employees whose wages had been increased.
A)It protects both sexes from pay discrimination based on sex.
B)Federal workers are covered under the Equal Pay Act.
C)Employees cannot bring a private cause of action against an employer for violating the Equal Pay Act.
D)An employer who has violated the Equal Pay Act must lower the wages of employees whose wages had been increased.
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47
The ________ protects both sexes from pay discrimination based on sex.
A)Lilly Ledbetter Fair Pay Act
B)Fair Employment Practices Act
C)Title VII of Civil Rights Act
D)Equal Pay Act
A)Lilly Ledbetter Fair Pay Act
B)Fair Employment Practices Act
C)Title VII of Civil Rights Act
D)Equal Pay Act
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48
Jason Smith is a Hispanic scriptwriter from Brazil,located in Brazil,who works for a television show on an American cable network.He was fired after the producer came to know that Smith was a scientologist by faith.The producer's official reason for this termination was that as Smith was based in Brazil,communication was a problem.This is an example of ________ discrimination that violates Title VII of the Civil Rights Act.
A)racial
B)religious
C)national origin
D)disparate-impact
A)racial
B)religious
C)national origin
D)disparate-impact
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49
Discrimination because of pregnancy,childbirth,or related medical conditions violates the Civil Rights Act of 1866.
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50
Which of the following is true of religious discrimination?
A)Only monotheistic religions are covered under Title VII.
B)An employer must reasonably accommodate religious observances or practices of its employees at the workplace.
C)An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII.
D)Religious organizations can give preference in employment to individuals of a particular religion.
A)Only monotheistic religions are covered under Title VII.
B)An employer must reasonably accommodate religious observances or practices of its employees at the workplace.
C)An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII.
D)Religious organizations can give preference in employment to individuals of a particular religion.
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51
If an employer refuses to promote a qualified female to a management position because of her sex,this would be in violation of Title VII.
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52
________ prohibits any form of sex discrimination where sexual favors are requested in order to obtain a job or be promoted.
A)Title VII of the Civil Rights Act
B)Fair Employment Practices Act
C)Title II of Genetic Information Nondiscrimination Act
D)Title I of the Americans with Disabilities Act
A)Title VII of the Civil Rights Act
B)Fair Employment Practices Act
C)Title II of Genetic Information Nondiscrimination Act
D)Title I of the Americans with Disabilities Act
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53
Which of the following is true of sex discrimination?
A)It is not the same as gender discrimination.
B)Prohibition against sex discrimination applies only to women, not men.
C)Employment discrimination because of pregnancy is sex discrimination.
D)Sex discrimination is covered by Title II of Genetic Information Nondiscrimination Act.
A)It is not the same as gender discrimination.
B)Prohibition against sex discrimination applies only to women, not men.
C)Employment discrimination because of pregnancy is sex discrimination.
D)Sex discrimination is covered by Title II of Genetic Information Nondiscrimination Act.
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54
Which of the following elements constitutes an affirmative defense by an employer to a claim of sexual harassment at the work place?
A)The employee was harassed by other employees who are no longer employed by the employer.
B)The employer had no knowledge about the sexual harassment faced by the plaintiff-employee until a court notice was served on the employer.
C)The employee failed to take advantage of any preventive or corrective opportunities provided by the employer.
D)The employee misinterpreted words or actions by the employer or his employees which were not intended to be sexual harassment.
A)The employee was harassed by other employees who are no longer employed by the employer.
B)The employer had no knowledge about the sexual harassment faced by the plaintiff-employee until a court notice was served on the employer.
C)The employee failed to take advantage of any preventive or corrective opportunities provided by the employer.
D)The employee misinterpreted words or actions by the employer or his employees which were not intended to be sexual harassment.
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55
The Civil Rights Act of 1866 is unconcerned with national origin employment discrimination.
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56
Which of the following is true of sexual harassment?
A)Same-sex harassment is not covered under Title VII.
B)An employee being harassed at the workplace is not obligated to report it to the employer.
C)Sending offensive e-mail may be considered sexual harassment.
D)The absence of a complaint policy may make an employer liable for disparate-impact discrimination.
A)Same-sex harassment is not covered under Title VII.
B)An employee being harassed at the workplace is not obligated to report it to the employer.
C)Sending offensive e-mail may be considered sexual harassment.
D)The absence of a complaint policy may make an employer liable for disparate-impact discrimination.
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57
There is no cap on the recovery of compensatory or punitive damages under Section 1981 of the Civil Rights Act of 1866.
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58
Why is proving a bona fide occupational qualification essential?
A)for discrimination to be legal
B)to establish the employer's violation of Title VII
C)to establish the employee's claim is fraudulent
D)for an employee to claim being discriminated against by the employer
A)for discrimination to be legal
B)to establish the employer's violation of Title VII
C)to establish the employee's claim is fraudulent
D)for an employee to claim being discriminated against by the employer
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59
A private plaintiff can bring an action of employment discrimination under Section 1981 of the Civil Rights Act of 1866 without going through the procedural requirements of Title VII.
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60
Which of the following best describes quid pro quo sexual harassment?
A)harassment discrimination because of pregnancy, childbirth or related medical conditions
B)harassment where sexual favors are requested in order to obtain a job or be promoted
C)harassment in hiring or promotion based on the sex of the employee under consideration
D)selective or partial treatment offered to an employee or a group of employees based on their sex
A)harassment discrimination because of pregnancy, childbirth or related medical conditions
B)harassment where sexual favors are requested in order to obtain a job or be promoted
C)harassment in hiring or promotion based on the sex of the employee under consideration
D)selective or partial treatment offered to an employee or a group of employees based on their sex
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61
The Age Discrimination in Employment Act (AEDA)is a federal statute that prohibits age discrimination practices against employees who are 40 years old and older.
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62
The Fair Employment Practices Agency (FEPA)is a federal statute that imposes obligations on employers and providers of public transportation,telecommunications,and public accommodations to accommodate individuals with disabilities.
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63
The ________ is a federal statute that prohibits discriminating against employees who are 40 years old and older.
A)Fair Employment Practices Agency (FEPA)
B)Older Workers Benefit Protection Act (OWBPA)
C)Age Discrimination in Employment Act (ADEA)
D)Equal Employment Opportunity Commission (EEOC)
A)Fair Employment Practices Agency (FEPA)
B)Older Workers Benefit Protection Act (OWBPA)
C)Age Discrimination in Employment Act (ADEA)
D)Equal Employment Opportunity Commission (EEOC)
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64
If an employer denies a salary hike to an employee because she is a woman,the employer is liable for sexual harassment.
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65
The ________ imposes obligations on employers and providers of public transportation,telecommunications,and public accommodations to accommodate disabled individuals.
A)Age Discrimination in Employment Act (AEDA)
B)Older Workers Benefit Protection Act (OWBPA)
C)Americans with Disabilities Act (ADA)
D)Fair Employment Practices Agency (FEPA)
A)Age Discrimination in Employment Act (AEDA)
B)Older Workers Benefit Protection Act (OWBPA)
C)Americans with Disabilities Act (ADA)
D)Fair Employment Practices Agency (FEPA)
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66
The Americans with Disabilities Act Amendments Act (ADAAA)is a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.
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67
Federal antidiscrimination laws prohibit employers from engaging in retaliation against an employee for filing a charge of discrimination.
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68
The ________ is a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.
A)Americans with Disabilities Act (ADA)
B)Genetic Information Nondiscrimination Act (GINA)
C)Americans with Disabilities Act (ADAAA)
D)Older Workers Benefit Protection Act (OWBPA)
A)Americans with Disabilities Act (ADA)
B)Genetic Information Nondiscrimination Act (GINA)
C)Americans with Disabilities Act (ADAAA)
D)Older Workers Benefit Protection Act (OWBPA)
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69
Denying employment to a woman because she is pregnant is a form of quid pro quo sex discrimination.
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70
Employers are obligated to provide reasonable accommodations to employees with disabilities if the accommodations do not cause significant difficulty or expense for the employers.
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71
Which of the following is considered a major physiological impairment by the Americans with Disabilities Act Amendments Act (ADAAA)?
A)undergoing mental stress
B)a history of surgery
C)nursing a temporary but contagious ailment
D)having cancer
A)undergoing mental stress
B)a history of surgery
C)nursing a temporary but contagious ailment
D)having cancer
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72
Explain the concept of reasonable accommodation of disabled employees.When is an employer not obligated to provide such accommodation?
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73
Employers are never strictly liable to any of their employees who might have suffered sexual harassment at the workplace.
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74
A(n)________ provides that certain job preferences will be given to members of minority racial and ethnic groups,females,and other protected-class applicants when making employment decisions.
A)retaliation
B)affirmative defense
C)affirmative action plan
D)reasonable accommodation plan
A)retaliation
B)affirmative defense
C)affirmative action plan
D)reasonable accommodation plan
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75
Employees stricken with cancer,diabetes,or epilepsy are considered individuals with a disability under Americans with Disabilities Act (ADA)provisions.
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76
When is an employer required to prove a bona fide occupational qualification? Explain with an example.
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77
An affirmative action plan provides that certain job preferences will be given to members of minority racial and ethnic groups,females,and other protected-class applicants when making employment decisions.
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78
The ________ is a federal statute that prohibits age discrimination regarding employee benefits.
A)Fair Employment Practices Agency (FEPA)
B)Older Workers Benefit Protection Act (OWBPA)
C)Age Discrimination in Employment Act (AEDA)
D)Equal Employment Opportunity Commission (EEOC)
A)Fair Employment Practices Agency (FEPA)
B)Older Workers Benefit Protection Act (OWBPA)
C)Age Discrimination in Employment Act (AEDA)
D)Equal Employment Opportunity Commission (EEOC)
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