Deck 20: Discrimination in Employment

Question 1

The Age Discrimination in Employment Act requires an employer to prove a business necessity in order to successfully defend an age discrimination case of disparate impact.

Answer 1

False
Explanation: The Age Discrimination in Employment Act (ADEA) does not require the employer to prove a business necessity in order to successfully defend an age discrimination case of disparate impact. All the employer need do is establish that a reasonable factor other than age accounted for the discriminatory impact.

Question 2

A workplace dress policy prohibiting headwear is likely to result in workplace discrimination against Sikh employees who wear turbans.

Answer 2

True
Explanation: A workplace dress policy prohibiting headwear is likely to result in workplace religious discrimination against Sikh employees who wear turbans. A growing source of religious discrimination lawsuits concerns employees who for religious reasons refuse to perform some task required by the employer.

Question 3

The 1991 amendments to the Civil Rights Act state that the showing of a statistically imbalanced workforce is enough in itself to establish a violation of Title VII of the Civil Rights Act.

Answer 3

False
Explanation: The 1991 amendments to the Civil Rights Act state that the showing of a statistically imbalanced workforce is not enough in itself to establish a violation of Title VII of the Civil Rights Act. Before the 1991 Civil Rights Act amendments, employees or the Equal Employment Opportunity Commission claimed that proving racial or gender statistical imbalances in a workforce established illegal discrimination.

Question 4

Under the Age Discrimination in Employment Act,age is often recognized as the basis for a bona fide occupational qualification.

Question 5

The 1991 Civil Rights Act amendments allow the setting of quotas in employment.

Question 6

A charge establishing sexual harassment grounds is likely to exist even if no economic loss occurs.

Question 7

Under the Equal Employment Opportunity Act of 1972,the Equal Employment Opportunity Commission can file a civil suit in a federal district court and represent a person charging a violation of the act.

Question 8

The affirmative act of hiring for a discriminatory reason is illegal.

Question 9

Employers with health or disability plans must cover pregnancy,childbirth,and related medical conditions in the same manner as other conditions are covered.

Question 10

In a Title VII civil action,even if a plaintiff proves disparate treatment against the plaintiff's class,a defendant can win by showing that all or substantially all members of the plaintiff's class cannot perform the duties of the job.

Question 11

In a disparate impact case,a plaintiff must convince the court that an employer intentionally discriminated against the plaintiff.

Question 12

Some states have passed laws protecting employees on the basis of sexual orientation.However,none have enacted gender identity protections.

Question 13

If an employer stops a pregnant employee who is capable of performing her duties properly from working because the employer truly believes that it is in the best interests of the mother and baby,the employer does not violate the Pregnancy Discrimination Act.

Question 14

Equal Employment Opportunity Commission guidelines on discrimination consider color to be a bona fide occupational qualification.

Question 15

Refusing to hire people because of a poor credit rating,when minorities are disproportionately affected,would be an example of disparate impact on race.

Question 16

The word sex in Title VII refers to whether someone is female,male,or transgendered.

Question 17

Equal Employment Opportunity Commission guidelines allow employers to classify jobs as male or female as well as to have male and female seniority lists.

Question 18

An injunction against future violations of the Equal Employment Opportunity Act is a possible remedy provided by the Equal Employment Opportunity Commission.

Question 19

Setting a passing score for whites at 80 out of 100 and a passing score of 60 out of 100 for minority applicants in an admission test is an example of race norming.

Question 20

In accordance with the Supreme Court case Kimel v.Florida Board of Regents (2000),a plaintiff in an Age Discrimination in Employment Act (ADEA)action cannot recover money damages against a state entity.

Question 21

According to the EEOC,agreements that mandate binding arbitration of discrimination claims as a condition of employment are in agreement with the fundamental principles of antidiscrimination laws.

Question 22

The ______ has the primary responsibility of enforcing the provisions of the Civil Rights Act of 1964.

A) Occupational Safety and Health Administration
B) Equal Employment Opportunity Commission
C) Federal Trade Commission
D) Securities and Exchange Commission
E) Food and Drug Administration

Question 23

Where state agencies begin discrimination proceedings,how many days must the Equal Employment Opportunity Commission wait before it starts action?

A) 60
B) 10
C) 300
D)180
E) 30

Question 24

The Health Insurance Portability and Accountability Act primarily prevents discrimination against individual employees in small businesses.

Question 25

An employer can plead undue hardship,defined as an action requiring significant difficulty or expense,as a reason for not accommodating the needs of disabled employees.

Question 26

Willful violations of the Age Discrimination in Employment Act permit victims to be awarded triple damages.

Question 27

The Genetic Information Nondiscrimination Act establishes a federal baseline for protection against employment discrimination based on genetic information.

Question 28

State acts usually set up administrative bodies with the power to make rules and regulations and hear and decide charges of violations filed by complainants.

Question 29

Under the Americans with Disabilities Act,compensatory and punitive damages are available for policies that merely have disparate impact.

Question 30

The Equal Employment Opportunity Commission was created by the ______.

A) Civil Rights Act
B) Equal Employment Opportunity Act
C) Americans with Disabilities Act
D) Age Discrimination in Employment Act
E) Federal Trade Commission Act

Question 31

Eva opens a women's-only health spa.The spa has 20 employees of which four employees are men who do overnight maintenance work when the spa is closed.Eva places an advertisement in the paper for a locker room attendant,and Jack applies for the job.Eva rejects Jack's application on the basis of gender.Jack files a discrimination charge against Eva with the Equal Employment Opportunity Commission.Which of the following statements is true in this scenario?

A) Jack is entitled to compensatory damages but not punitive damages if he can show that he is capable of doing locker room attendant functions.
B) Men are underrepresented at the spa, and affirmative action requires that Eva hire Jack.
C) Eva can use the disparate impact defense to win the suit.
D) Eva can defend her case by showing that being female is a bona fide occupational qualification for the job.
E) Eva has not violated the Equal Employment Opportunity Act, but she still has to pay compensatory damages to Jack for misrepresentation.

Question 32

The general liability policies carried by many businesses,which cover bodily injury and property damage,often insure against intentional torts.

Question 33

Intent is a key element in many employment discrimination claims.

Question 34

The Health Insurance Portability and Accountability Act (HIPAA)forbids group plans and issuers from excluding an employee from insurance coverage or requiring different premiums based on the employee's health status,medical condition or history,genetic information,or disability.

Question 35

A typical state act makes it an unfair employment practice for any employer to refuse to hire or otherwise discriminate against any individual because of his or her race,color,religion,national origin,or ancestry.

Question 36

Before the Equal Employment Opportunity Commission can file a civil suit for a violation of the Civil Rights Act based on a claim by a discriminated employee,it must first

A) determine that no racial discrimination has occurred.
B) ensure that the violation has occurred for at least a period of three weeks.
C) exhaust efforts to settle the claim.
D) wait for a period of at least two weeks for the employer to take corrective actions.
E) wait for a period of at least three weeks for the state to take corrective actions.

Question 37

All types of employment discrimination are required to be insured against in every state.

Question 38

Delltrix Corp.,a customer support provider,needs operators who are bilingual in English and Spanish.A few applicants of Spanish origin are rejected because of their poor English language proficiency.The applicants file a disparate impact case with the Equal Employment Opportunity Commission against Delltrix on the grounds of discrimination based on nationality.Which of the following defenses is Delltrix most likely to use in this case?

A) the defense of undue hardship
B) the contributory negligence defense
C) the comparative negligence defense
D) the assumption-of-risk defense
E) the business necessity defense

Question 39

State antidiscrimination laws cannot protect categories of persons not protected by federal law.

Question 40

Federal laws concerning equal employment opportunity specifically prohibit state laws from imposing additional duties and liabilities.

Question 41

Which of the following statements is true of the Pregnancy Discrimination Act?

A) It covers only married pregnant women.
B) It requires an employer to provide coverage for abortion if an employee develops medical complications because of an abortion.
C) It requires an employer to specify how long a leave of absence must be taken after childbirth.
D) It determines the amount of money an employee should receive on her maternity leave.
E) It bars the inclusion of the pregnancies of male employees' wives in the employer's health insurance plan.

Question 42

In 1991,depending on the size of the employer,Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages per person of up to ______.

A) $100,000
B) $150,000
C) $300,000
D) $50,000
E) $400,000

Question 43

The Equal Employment Opportunity Commission may not have more than ______ members of the same political party.

A) two
B) three
C) six
D) nine
E) five

Question 44

Hailey files a discrimination charge against her company as it pays less wages to African American employees.The company demotes Hailey and reduces her salary because of the discrimination charges filed by her.This case is an example of ______.

A) affirmative action
B) disparate impact
C) reverse discrimination
D) retaliation
E) race norming

Question 45

Within how many days must an employee file charges of illegal discrimination with the Equal Employment Opportunity Commission after notice of the unlawful practice?

A) 90 days
B) 120 days
C) 180 days
D) 365 days
E) 60 days

Question 46

Maria is subjected to frequent stares from her male co-workers,who also engage in suggestive touching of her.Even though Maria's personal life outside of work is unaffected,the actions of her male colleagues cause her immense mental distress.Which of the following statements is true in this situation?

A) Maria is a victim of quid pro quo harassment.
B) Maria is a victim of a hostile work environment.
C) Maria is a victim of retaliatory treatment.
D) Maria has no cause of action because her personal life is unaffected.
E) Maria is a victim of race norming.

Question 47

Matt,a supervisor,refuses to let female employees work on overtime assignments because he thinks it is unsafe for women to work after 6 p.m.The female employees decide to file a charge against Matt with the Equal Employment Opportunity Commission.This case is an example of ______.

A) reverse discrimination
B) a business necessity
C) retaliation
D) disparate impact
E) disparate treatment

Question 48

An airline has a requirement that all its pilots be at least five feet three inches tall.In this case,height is a valid requirement,and using it does not violate employment discrimination laws.A group of aspiring pilots who fail to meet the height requirement file a disparate impact case with the Equal Employment Opportunity Commission against the airline.In this case,the airline is most likely to use the ______.

A) disparate treatment defense
B) assumption-of-risk defense
C) reverse discrimination defense
D) affirmative action defense
E) business necessity defense

Question 49

GVB Inc.,a consulting firm,hires Zainab,who is a Muslim.In order to avoid discriminating against Zainab based on her religion,GVB

A) must do whatever it takes in order to avoid any discussion on the topic of religion.
B) must make reasonable accommodation to her religious needs.
C) must make work-related adjustments to suit her religious needs even if they create undue hardship.
D) need not accommodate her religious needs as religious discrimination suits only apply to religious corporations.
E) must notify the union as Zainab belongs to a religious minority community.

Question 50

Mike and Kathy are both tenured associate professors in a school's English department.Kathy always makes provocative comments to Mike and touches him inappropriately without consent.Mike complains to the school board about Kathy's inappropriate behavior,but the board ignores him.Which of the following statements is true in this scenario?

A) Mike can file a quid pro quo case against Kathy.
B) Mike cannot sue the school for Kathy's actions as both Mike and Kathy are at the same level of employment.
C) Mike can file a suit against the school for creating a hostile work environment.
D) Mike can file a suit against Kathy for retaliation.
E) Mike cannot sue the school for Kathy's actions as Mike has not suffered any economic loss.

Question 51

Anna files a discrimination charge against her employer,NTTB Network Inc.,for creating a hostile work environment.Anna's co-worker,Edward,gives testimony in the discrimination case.As a result,Edward is transferred to another branch where he is required to work in night shifts.Edward's salary remains the same,as does his job title.In this case,Edward is most likely to have a claim for ______.

A) reverse discrimination
B) disparate impact
C) retaliation
D) race norming
E) redlining

Question 52

A(n)______ is a type of sexual harassment in which co-workers make offensive sexual comments or propositions,engage in suggestive touching,show nude pictures,or draw sexual graffiti.

A) quid pro quo
B) hostile work environment
C) conventional work environment
D) extradition
E) disparate impact environment

Question 53

The Equal Employment Opportunity Commission is composed of ______.

A) two members
B) three members
C) six members
D) nine members
E) five members

Question 54

Quid pro quo is a type of ______.

A) discrimination on the basis of genetic information
B) discrimination on the basis of disabilities
C) sexual harassment discrimination
D) racial discrimination
E) religious discrimination

Question 55

Bill,the owner of FG Kraftco Corp.,asks his employee,Megan,for sexual favors in exchange for a raise in her salary.When Megan refuses to entertain his request,Bill reduces her salary.Megan files a charge against Bill with the Equal Employment Opportunity Commission.This case is a ______.

A) quid pro quo case
B) res judicata case
C) retaliation case
D) hostile work environment case
E) disparate impact case

Question 56

Krisscom Inc.is a store selling consumer electronics in an Asian neighborhood.Most of its customers are Chinese immigrants who do not speak English fluently.The store manager decides to hire only Chinese Americans who speak fluent Mandarin.Jack,a white employee,feels that this rule has a disparate impact on people who only speak English.He files a discrimination charge against Krisscom.Which of the following statements is true in this scenario?

A) Krisscom will most likely win the case if it uses the contributory negligence defense.
B) Krisscom will most likely use the business necessity defense to justify its actions.
C) Jack will win the case as there is no defense for an act of disparate treatment.
D) Jack will have to prove that Krisscom intentionally targeted Chinese customers to win the case.
E) Krisscom will most likely win the case if it uses the assumption-of-risk defense.

Question 57

The integration of African Americans into the mainstream of American society is the primary objective of the ______.

A) National Security Act of 1947
B) Civil Rights Act of 1964
C) War Powers Act of 1973
D) Taft-Hartley Act of 1947
E) Voting Rights Act of 1965

Question 58

Under the Pregnancy Discrimination Act,which of the following was ruled unlawful by the Supreme Court?

A) an employer's health insurance plan that does not cover an abortion when an employee does not carry to term
B) an employer's health insurance plan that provides a woman who undergoes an abortion with benefits provided for all other employees
C) an employer's health insurance plan that does not cover the pregnancies of male employees' wives
D) an employment policy that does not force a pregnant woman to stop working until her baby is born
E) An employment policy that does not specify how long a leave of absence must be taken after childbirth

Question 59

The members of the Equal Employment Opportunity Commission are

A) appointed by the Senate on the recommendation of the president.
B) appointed by the Occupational Safety and Health Administration.
C) elected by the people.
D) elected by the House of Representatives, with the advice of the Federal Trade Commission.
E) appointed by the president, with the advice and consent of the Senate.

Question 60

In a disparate impact case,an alleged employer can defeat a plaintiff's claim by proving ______.

A) the bona fide occupational qualification defense
B) the business necessity defense
C) contributory negligence
D) the assumption-of-risk defense
E) comparative fault

Question 61

______,one of the provisions of the Civil Rights Act of 1866,provides that all persons shall have the same right to make and enforce contracts as enjoyed by white citizens.

A) Section 1986
B) Section 1981
C) Section 1971
D) Section 1976
E) Section 1991

Question 62

Race norming is the practice of

A) setting a quota designed to balance the racial mix of an employer's workforce.
B) providing lessons in English to non-English speaking employees.
C) setting two different cutoff test scores for employment based on race.
D) firing white employees to accommodate new black hires.
E) providing more promotion opportunities to members of a particular race at the expense of the others.

Question 63

The Age Discrimination in Employment Act prohibits employment discrimination against employees ages ______.

A) 20 and older
B) 30 and older
C) 50 and older
D) 40 and older
E) 60 and older

Question 64

Under the Equal Pay Act,discrimination in pay is allowed if

A) it arises from a seniority system.
B) it is confidential.
C) the work performed by employees is equal but not identical.
D) it arises from a system based on sexual orientation.
E) it arises from a system based on gender.

Question 65

The Age Discrimination in Employment Act recognizes

A) only claims based on negligence.
B) only claims based on retaliation.
C) both disparate impact and disparate treatment discrimination.
D) loss in physical strength as a legal reason for discriminating against older persons.
E) employers' right to use the comparable worth theory to discriminate on the basis of age.

Question 66

The Age Discrimination in Employment Act recognizes both disparate treatment and disparate impact discrimination for employers with ______.

A) 5 or more employees
B) 10 or more employees
C) 15 or more employees
D) 8 or more employees
E) 20 or more employees

Question 67

A cleaning company,KRK Inc.,rotates its staff between different floors on a monthly basis.One crew member,Angelo,has poor verbal skills due to autism.While Angelo's disability does not affect his ability to perform the various cleaning functions,it does make it difficult for him to adjust to alterations in his daily routine.In view of Angelo's difficulty,the manager decides to allow him to stay on one floor permanently.This is an example of ______.

A) disparate treatment
B) reverse discrimination
C) disparate impact
D) redlining
E) reasonable accommodation

Question 68

The Americans with Disabilities Act prohibits discrimination against the qualified disabled by employers of ______.

A) 15 or more employees
B) 7 or more employees
C) 3 or more employees
D) 5 or more employees
E) 10 or more employees

Question 69

Which of the following specifically prohibits the race norming of employment tests?

A) the Lilly Ledbetter Fair Pay Act amendments of 2009
B) the Equal Pay Act amendments of 1963
C) the Civil Rights Act amendments of 1991
D) the Americans with Disabilities Act amendments of 2008
E) the Rehabilitation Act amendments of 1973

Question 70

Chris,aged 62,is an employee of Magnatrix Inc.,a small company with 12 employees.The CEO of Magnatrix,Kathy,asks Chris to retire as the company is planning to reduce its financial budget.Kathy also mentions that Chris is entitled to $50,000 a year in retirement benefits.Chris does not want to be forced into retirement,and he decides to sue Magnatrix for age discrimination.In this scenario,Chris cannot sue for discrimination under the Age Discrimination in Employment Act because

A) he is entitled to $50,000 a year in retirement benefits.
B) he is older than 60 years.
C) Magnatrix has only 12 employees.
D) it is legal for Magnatrix to force any employee into retirement.
E) he was not fired from Magnatrix.

Question 71

If an employer discovers that it has a job category where one might expect to find more women and minorities employed than are actually in its workforce,the employer has a reasonable basis for ______.

A) quid pro quo
B) affirmative action
C) redlining
D) retaliation
E) a hostile work environment

Question 72

WallBreak Inc.is a web design company which receives complaints stating that minorities are underrepresented in senior management positions.To appease the minorities,WallBreak promotes Ahmed,an African American,over Zac,a white,although Zac is more qualified than Ahmed.In this case,Zac is a victim of ______.

A) disparate treatment
B) disparate impact
C) reverse discrimination
D) retaliation
E) job rotation

Question 73

The ______ requirement means that federally contracting employers must actively recruit members of minority groups being underused in the workforce.

A) disparate treatment
B) affirmative action
C) reverse discrimination
D) mandatory retaliation
E) business necessity

Question 74

Which of the following statements is true under the Pregnancy Discrimination Act?

A) An employer that provides childbirth benefits to married women may deny the same to single mothers if the employer finds single motherhood morally objectionable.
B) If a female employee undergoes an abortion, all other benefits provided for employees, such as sick leave, must be provided to her.
C) An employer's plan that covers childbirth for female employees can exclude coverage for wives of male employees.
D) An employer is not required to provide coverage for abortion even if an employee develops medical complications because of an abortion.
E) If a female employee is pregnant, her employer must specify how long a leave of absence must be taken after childbirth.

Question 75

______,effective November 2009,prohibits covered employers from firing,refusing to hire,or otherwise discriminating against individuals on the basis of their genetic information.

A) The Genetic Privacy and Nondiscrimination Act
B) The Genetic Fairness Act
C) The Genetic Information Nondiscrimination in Health Insurance Act
D) The Genetic Confidentiality and Nondiscrimination Act
E) The Genetic Information Nondiscrimination Act

Question 76

______ are defined as those with a disability who,with or without reasonable accommodation,can perform the essential functions of a particular job position.

A) Functionally disabled
B) Reasonably disabled
C) Qualified disabled
D) Relatively disabled
E) Quantifiably disabled

Question 77

Philip,a manager,learns that Sarah,his employee,has a sister who suffers from Huntington's Disease.Philip withholds Sarah's promotion on the basis that she risks developing the condition as well.In this scenario,which of the following acts prohibits the decision made by Philip?

A) The Americans with Disabilities Act
B) The Health Insurance Portability and Accountability Act
C) The Genetic Information Nondiscrimination Act
D) The Civil Rights Act
E) The Equal Pay Act

Question 78

Under Section 1981,______.

A) the courts can award compensatory and punitive damages up to a maximum of $100,000 per offence
B) the courts can award unlimited compensatory and punitive damages
C) a plaintiff must first go through the Equal Employment Opportunity Commission to file an employment suit
D) a plaintiff can sue for unlimited damages for discrimination based on sex, religion, national origin, or age
E) a plaintiff is prohibited from suing under Title VII of the Civil Rights Act

Question 79

Title VII of the Civil Rights Act does not prohibit discrimination against employees based on their ______.

A) national origin
B) race
C) sexual orientation
D) gender
E) age

Question 80

According to the Age Discrimination in Employment Act,who among the following are subject to mandatory retirement policies?

A) high-level policy makers aged 65 and older who are entitled to receive annual retirement benefits of at least $44,000 a year
B) bona fide executives aged 60 and older who are entitled to receive annual retirement benefits of at least $34,000 a year
C) high-level policy makers aged 50 and older who are entitled to receive annual retirement benefits of at least $50,000 a year
D) any employee aged 60 and older who is entitled to receive annual retirement benefits of at least $60,000 a year
E) bona fide executives aged 50 and older who are entitled to receive annual retirement benefits of at least $34,000 a year