Deck 28: Employment Discrimination

Question 1

Sexual harassment occurs when sexual favors are demanded in return for job opportunities,promotions,salary increases,or other benefits.

Answer 1

True

Question 2

When the harassment of co-workers creates a hostile working environment,an employee may have a cause of action against an employer.

Answer 2

True

Question 3

Intentional discrimination by an employer against an employee is known as disparate-treatment discrimination.

Answer 3

True

Question 4

Title VII of the Civil Rights Act prohibits only intentional discrimination.

Question 5

The Equal Pay Act and other federal laws prohibit employers from engaging in gender-based wage discrimination.

Question 6

If a wage differential is due to any factor other than gender,then it does not violate the Equal Pay Act.

Question 7

In a retaliation claim,plaintiffs must prove that the challenged action adversely affected their workplace or employment.

Question 8

There is no way for an employer to avoid liability for online harassment.

Question 9

Federal law does not prohibit discrimination on the basis of gender in classifying jobs.

Question 10

For an employer to successfully defend against a charge of a supervisor's sexual harassment,the plaintiff-employee must have taken a tangible employment action against the supervisor.

Question 11

Title VII of the Civil Rights Act prohibits job discrimination on the basis of merit.

Question 12

A tangible employment action is a significant change in employment status or benefits.

Question 13

Most employers can treat their employees more or less favorably based on their religious beliefs or practices.

Question 14

Employers can require employees to participate in any religious activity.

Question 15

Women affected by pregnancy must be treated the same as other persons not so affected but similar in ability to work.

Question 16

Title VII of the Civil Rights Act applies to employers with fifteen or less employees.

Question 17

Employees who leave their jobs voluntarily may still claim under Title VII that they were "constructively discharged" by their employer.

Question 18

An employer's discrimination against employees on certain grounds may violate federal law.

Question 19

Disparate-treatment discrimination occurs when a protected group of people is adversely affected by an employer's practices,procedures,or tests even though they do not appear to be discriminatory.

Question 20

Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act.

Question 21

Under the Age Discrimination in Employment Act,a plaintiff must prove that he or she was replaced by a person "outside the protected class." 

Question 22

Resource Forestry Corporation and the Service Employees International Union are sued by plaintiffs alleging job discrimination in violation of Title VII of the Civil Rights Act.This law applies to employers and labor unions with at least 

A) ​fifteen employees or members. 
B) ​five employees or members. 
C) ​ten employees or members. 
D) ​one employee or member.

Question 23

Race can be a bona fide occupational qualification.

Question 24

An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a business necessity.

Question 25

Iago believes that he is a victim of a form of employment discrimination that falls under the Civil Rights Act.Compliance with this statute is monitored by 

A) ​employees and job applicants, not an administrative agency. 
B) ​employers and businesses, not an administrative agency. 
C) ​the courts and Congress, not an administrative agency. 
D) ​the Equal Employment Opportunity Commission.

Question 26

The Age Discrimination in Employment Act prohibits mandatory retirement for nonmanagerial workers.

Question 27

Under the Age Discrimination in Employment Act,the plaintiff must show that the unlawful discrimination was the reason for an adverse employment action.

Question 28

Once a plaintiff succeeds in proving discrimination,the burden shifts to the employer to justify the discriminatory practice.

Question 29

Punitive damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act.

Question 30

The Americans with Disabilities Act covers persons with a wide range of disabilities.

Question 31

State employers are immune from private suits brought by employees under the Age Discrimination in Employment Act.

Question 32

The distribution of promotions and other job benefits according to a seniority system is not normally a good defense to a suit for employment discrimination.

Question 33

The Americans with Disabilities Act requires that employers accommodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work 

Question 34

Employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship.

Question 35

Deep Sea Fishing Corporation meets all of the requirements to be subject to the federal employment discrimination laws.These laws restrict the ability of employers to discriminate against workers on the basis of​ 

A) ​experience. 
B) ​gender. 
C) ​intelligence. 
D) ​skill.

Question 36

Orli believes that Power Utility Corporation (PUC)has discriminated against her on the basis of race.She files a suit against PUC under the Civil Rights Act.To establish a prima facie case of employment discrimination,Orli must show that 

A) ​she is a member of a protected class. 
B) ​PUC has no legal defenses against the claim. 
C) ​discriminatory intent motivated PUC's act. 
D) ​no other firm in PUC's industry has committed a discriminatory act.

Question 37

Sara believes that she was rejected for a position at Trek n' Travel Agency on the basis of her race.Sara files a suit against Trek n' Travel under the Civil Rights Act.To establish a prima facie case of employment discrimination,Sara must show all of the following except that 

A) ​she is a member of a protected class. 
B) ​she applied and was qualified for the job in question. 
C) ​she was rejected for a position by Trek n' Travel. 
D) ​other persons of her race hold similar positions with other similar employers.

Question 38

The Americans with Disabilities Act defines persons with disabilities as persons with physical or mental impairments that  "substantially limit" one or more everyday activities of the affected individuals.

Question 39

Employers are not required to modify their job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.

Question 40

If a job applicant or an employee with a disability,with reasonable accommodation,can perform essential job functions,the employer must make the accommodation.

Question 41

Destination Resort Hotel Company replaces Estee,a forty-five-year-old employee,with Francesca.Estee files a suit against the employer under the Age Discrimination in Employment Act.To establish a prima facie case,Estee must show,among other things,that she is 

A) ​deserving of higher pay than Francesca. 
B) ​generally more dependable than Francesca. 
C) ​older than Francesca. 
D) ​qualified for the position.

Question 42

Rachel,a fifty-five-year-old member of a racial minority with a disability,believes that she is a victim of employment discrimination.Potentially the most widespread form of discrimination is based on 

A) ​age. 
B) ​disability. 
C) ​gender. 
D) ​race.

Question 43

Emylee,an employee of Farm Supplies,Inc.,files a sexual-harassment suit against her employer,alleging sexual harassment by her supervisor Gowan.Farm Supplies may be liable if it had effective harassment policies and complaint procedures that were followed by 

A) ​none of the employees. 
B) ​Emylee. 
C) ​all of the employees except Emylee. 
D) ​Gowan.

Question 44

Gala and Hoyt are employees of IT Business Solutions,Inc.Under the Equal Pay Act,IT Business Solutions can legitimately pay different wages on the basis of 

A) ​merit. 
B) ​job descriptions. 
C) ​substantial equality of skill, effort, and responsibility. 
D) ​gender.

Question 45

Inez files an employment discrimination suit against Jiffy Delivery Service,Inc.,under the Civil Rights Act,based on Jiffy's discharge of Inez.Possible relief includes 

A) ​imprisonment. 
B) ​reinstatement. 
C) ​fines. 
D) ​an order to shutdown the employer's business.

Question 46

Fact Pattern 28-1Craig applies for a job at Dispatch Transportation & Warehousing, Inc., for which he is well qualified. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Craig is rejected. Dispatch continues to seek applicants.
Refer to Fact Pattern 28-1.To successfully defend itself against Craig's suit,Dispatch must show that 

A) ​the practice in question was justified. 
B) ​the employer feared it would be sued if it used the test results. 
C) ​any discriminatory effect was unintended. 
D) ​statistically the practice in question is discriminatory in effect.

Question 47

Melanie files an employment discrimination suit against Natural Resources Industries Corporation under the Civil Rights Act on a disparate-impact theory.To succeed,Melanie must show that members of a protected class are adversely affected by any of the following except the employer's 

A) ​practices. 
B) ​procedures. 
C) ​tests. 
D) ​seniority system.

Question 48

Free-Flo Pipes & Plumbing Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act.Punitive damages may be recovered against Free-Flo only if the employer 

A) ​acted with malice or reckless indifference. 
B) ​can easily afford to pay the amount. 
C) ​has one hundred or more employees. 
D) ​consents.

Question 49

Conrad and Delilah are employees of EcoCrop Feed & Seed Corporation.Under the Equal Pay Act,EcoCrop can legitimately pay different wages on the basis of 

A) ​seniority. 
B) ​job descriptions. 
C) ​substantial equality of skill, effort, and responsibility. 
D) ​gender.

Question 50

Mirena,a female,and Neil,a male,are employees of Operational Tech Processes Corporation.Mirena regularly e-mails sexually explicit images to Neal via Operational Tech's network.Neil finds this offensive.This is 

A) ​hostile-environment harassment. 
B) ​not harassment or any form of discrimination. 
C) ​quid pro quo harassment. 
D) ​same-gender harassment.

Question 51

Neville,a member of a protected class,applies for a job with Origami Paper Products Corporation,but fails the company's employment test and is not hired.Neville believes that the test has an unintentionally discriminatory effect.If so,this is 

A) a constructive discharge.​ 
B) ​disparate-impact discrimination. 
C) ​disparate-treatment discrimination. 
D) ​not discrimination.

Question 52

Lisa brings a successful suit against her employer Metal Mold & Die Corporation for employment discrimination.Lisa may be awarded 

A) ​back pay, but not retroactive promotions. 
B) ​retroactive promotions, but not back pay. 
C) ​damages, but not back pay. 
D) ​back pay, retroactive promotions, and damages.

Question 53

Machine Fabrication,LLC,may be liable for the sexual harassment of an employee if it knew or should have known about the harassment,failed to take immediate action,and the harassment was committed by 

A) ​the employee's previous employer. 
B) ​a company supervisor. 
C) ​a competitor. 
D) ​any of the choices.

Question 54

Qiana is the only female employee in the maintenance department of Rescue Vehicles Sales & Service Inc.Qiana's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit.This is 

A) ​a constructive discharge on the basis of gender discrimination. 
B) ​a harassing discharge on the basis of treatment discrimination. 
C) ​a voluntary discharge on the basis of impact discrimination. 
D) ​none of the choices.

Question 55

Fact Pattern 28-2Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC).
Refer to Fact Pattern 28-2.Lomax believes that he has been discriminated against on the basis of his age.For the Age Discrimination in Employment Act to apply 

A) ​Kyla must be forty years of age or younger. 
B) ​Kyla must be forty years of age or older. 
C) ​Lomax must be forty years of age or older. 
D) ​Lomax must have been MVMC's employee for at least forty years.

Question 56

Elsa participates in an investigation into possible violations of the Civil Rights Act at Foundry,Inc.,where she works.As a result,Elsa's employer demotes her.Elsa can file a 

A) ​harassment complaint. 
B) ​retaliation claim. 
C) ​constructive discharge claim. 
D) ​disparate-impact discrimination claim.

Question 57

Fact Pattern 28-1Craig applies for a job at Dispatch Transportation & Warehousing, Inc., for which he is well qualified. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Craig is rejected. Dispatch continues to seek applicants.
Refer to Fact Pattern 28-1.Craig files a suit against Dispatch under the Civil Rights Act,claiming discrimination.To support this claim,Craig must show that he is a member of 

A) ​a protected class. 
B) ​a majority group. 
C) ​an employers' association. 
D) ​a union.

Question 58

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act.If Cady shows that Durable Goods acted with malice or reckless indifference,she may recover 

A) ​an unlimited amount of compensatory and punitive damages. 
B) ​a limited amount of compensatory and punitive damages. 
C) ​compensatory, but not, punitive damages. 
D) ​punitive, but no compensatory, damages.

Question 59

Muriel applies for a job with Northern States Oil Company.Northern States does not hire Muriel because of her ethnicity,or national origin.This is 

A) ​a constructive discharge. 
B) ​disparate-impact discrimination. 
C) ​disparate-treatment discrimination. 
D) ​not discrimination.

Question 60

Ruta is a supervisor for Subs & Suds,a restaurant.Tim is a Subs employee.The owner announces that some employees will be discharged.Ruta tells Tim that for sexual favors she will give him an excellent performance review and recommend a raise.This is 

A) ​harassment on the basis of sexual orientation. 
B) ​hostile-environment harassment. 
C) ​not harassment. 
D) ​quid pro quo harassment.

Question 61

Fact Pattern 28-2Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC).
Refer to Fact Pattern 28-2.To succeed with an age-discrimination claim against MVMC,Lomax will have to show that 

A) ​Kyla is not qualified for Lomax's job. 
B) ​Lomax is qualified for his job. 
C) ​MVMC's qualifications for Lomax's job are too high. 
D) ​no one could do Lomax's job as well as he could.

Question 62

Veronica is a repair person for Wind Power Company.The job requires traveling to remote areas to make repairs to windmills,transmission towers,and power stations under any conditions.Veronica has had the job longer than other employees.Veronica applies for a promotion to a supervisory position that requires constant communication with others in the field.Wind Power rejects the application on the ground that Veronica is hearing impaired.Wind Power acknowledges that Veronica is otherwise qualified,but asserts that it "needs someone who does not have a hearing problem." Veronica files a suit against Wind Power under the Americans with Disabilities Act.What is the issue,and what are the relevant considerations on which its resolution depends?

Question 63

Sweet Air Filtration Products Company,a major supplier of air filters sold throughout the United States,employs one hundred workers at its principal manufacturing plant.The plant is located in Thunder Bay,which has a population that is 50 percent white and 25 percent African American,with the balance Hispanic American,Asian American,and others.Sweet Air requires a high school diploma as a condition of employment for its cleaning crew.Three-fourths of the white population completed high school,compared with only one-fourth of those in the minority groups.Sweet Air has an all-white cleaning crew.Has Sweet Air violated the Civil Rights Act? Explain.

Question 64

Eliana and Fausto work on the loading dock for Grange Co-op Crop Storage.Fausto has a disability.Eliana has seniority.Fausto requests a transfer,which would represent an accommodation for his disability.But when an opening occurs,Grange transfers Eliana on the basis of her seniority.Most likely 

A) ​Eliana's seniority is a good defense. 
B) ​Fausto's disability is a sufficient basis for relief. 
C) ​Grange's action was a business necessity. 
D) ​Grange's action was a reasonable accommodation.

Question 65

Solar Power Panels Corporation requires its employees to have a high school diploma,claiming a connection between a high school education and job performance.In a suit against Solar Power under the Civil Rights Act,this is shown to have a discriminatory effect.Solar Power has 

A) ​a seniority system defense. 
B) ​a bona fide occupational qualification defense. 
C) ​a business necessity defense. 
D) ​no defense.

Question 66

Flynn is an alcoholic who has completed a supervised substance-abuse rehabilitation program.Gert is often bored with the repetitiveness of her job.Heath reports to work when he "feels like working." Considered to have a disability under the Americans with Disabilities Act is 

A) ​Flynn. 
B) ​Gert. 
C) ​Heath. 
D) ​all of the choices.

Question 67

Fact Pattern 28-3Artur, who has a disability, is an employee of Banquet & Event Facilities & Services, Inc. After the installation of new doors on the entrance to Banquet's hall, Artur finds it nearly impossible to enter and exit. For repeatedly failing to be on time, Banquet replaces Artur with Carter, who does not have a disability.
Refer to Fact Pattern 28-3.To succeed with a claim against Banquet under the Americans with Disabilities Act,Artur will have to show that 

A) ​Artur consistently met the essential requirements of his job. 
B) ​Banquet refused to make reasonable accommodation for Artur. 
C) ​Carter is unqualified for Artur's position. 
D) ​the doors were installed as an act of intentional discrimination.

Question 68

Helene,a disabled person,applies for a job at Industrial Engineering Applications Inc.for which she is well qualified,but for which she is rejected.Industrial Engineering continues to seek applicants and eventually fills the position with a person who is not disabled.Helene is most likely to succeed in a suit against Industrial Engineering for discrimination under the Americans with Disabilities Act if she can show that 

A) ​she was not hired solely because of her disability. 
B) ​she can function well with corrective devices or on medication. 
C) ​her disability causes her undue hardship. 
D) ​she could not perform the job even with reasonable accommodation.

Question 69

Jerry,a paraplegic,applies for a job as a disk jockey with KLKT,a local radio station.The station's manager says,"Sorry,man.You meet all our requirements.But we need someone who can move around the broadcast studio without accommodation." Most likely,Jerry could recover from the station under 

A) ​no federal law. 
B) ​Title VII of the Civil Rights Act. 
C) ​the Age Discrimination in Employment Act. 
D) ​the Americans with Disabilities Act.

Question 70

Fact Pattern 28-3Artur, who has a disability, is an employee of Banquet & Event Facilities & Services, Inc. After the installation of new doors on the entrance to Banquet's hall, Artur finds it nearly impossible to enter and exit. For repeatedly failing to be on time, Banquet replaces Artur with Carter, who does not have a disability.
Refer to Fact Pattern 28-3.To successfully defend against Artur's claim,Banquet will have to show that         

A) ​Artur consistently failed to meet the essential requirements of his job. 
B) ​Banquet cannot make changes to the doors without undue hardship. 
C) ​Carter is qualified for Artur's position. 
D) ​the doors were not installed as an act of intentional discrimination.

Question 71

Benny files a suit in a federal district court against the state of California,alleging employment discrimination under the Age Discrimination in Employment Act.The state asks the court to dismiss the suit.The court is most likely to rule that 

A) ​the state is immune from the suit. 
B) ​the suit can proceed. 
C) ​Benny is immune from any defense the state might offer. 
D) ​the court is immune from the request.

Question 72

Lingerie Closet,a women's clothing store,employs female attendants to assist customers in the dressing rooms.Mark,a forty-one-year-old male,applies for an attendant's job,but is not hired.In Mark's suit against Lingerie Closet for employment discrimination under Title VII,the store has 

A) ​no defense. 
B) ​a bona fide occupational qualification defense. 
C) ​a business necessity defense. 
D) ​a seniority system defense.