Deck 12: Employment Discrimination

Question 1

An employee has filed a claim of discrimination with the EEOC.If the EEOC investigates and determines that they will not follow through with a law suit representing the employee,the employee has no recourse and cannot file a private law suit.

Answer 1

False
Explanation: After an investigation and choice not to file a suit, the employee may demand a right to sue letter and file a suit themselves.

Question 2

Stephen is 40 years old and has applied for a job at a large computer games development company.He is told that he is "over the hill" and not eligible for employment at that company.Stephen does not have a valid age discrimination suit under the Age Discrimination in Employment Act because the act only applies to those already employed but not to applicants in the hiring process.

Answer 2

False
Explanation: The ADEA applies to current employees who are discriminated against on the job as well as situations involving discrimination in hiring.

Question 3

Once an employee has established that she has a covered disability,the Americans with Disabilities Act requires that the employer make reasonable accommodations allowing the employee to perform the essential functions of the job.

Answer 3

True
Explanation: The ADA requires that reasonable accommodations be provided to legitimately disabled employees.

Question 4

Race discrimination directed at white employees violates Title VII if the employer's acts were motivated by race.

Question 5

After the plaintiff has proven their prima facie case of disparate treatment,if the employer provides a false reason for their discriminatory actions,this is called a _______.

Question 6

A disability,as defined in the Americans with Disabilities Act,is an impairment that significantly limits a person's ability to participate in a ________ activity.

Question 7

The mandate given to The Equal Employment Opportunity Commission is that they are required to pursue any discrimination based claims made by aggrieved employees.

Question 8

Disciplinary actions rarely give rise to employment discrimination claims.

Question 9

Disparate treatment is analyzed using the ________ standard.

Question 10

Disparate impact is analyzed using the ________ standard.

Question 11

Betty Sue suspects that she was turned down for a job as a server at Hooters because she is 40 lbs overweight.She may contact the EEOC who will investigate her case based on a Title VII violation.

Question 12

Race,religion,color,sex and national origin are examples of _______.

Question 13

Mixed motives discrimination is analyzed using the ________ standard.

Question 14

The Americans with Disabilities Act does not require an employer to provide accommodations that constitute an ________ on the employer.

Question 15

Most employers are not subject to affirmative action requirements.

Question 16

Following an investigation by the EEOC,should discrimination be found,the next step for the agency is to begin _______.

Question 17

Mike is Kathy's employer.Mike tells her that she will not get a raise or promotion unless she has sex with him.Mike has committed ________ sexual harassment.

Question 18

In Aquino v.Honda of America,Inc.,even though the charges against Aquino for alleged vandalism were dropped,Honda's reasonable belief,after their own investigation,met the burden of proving that they had a legitimate,nondiscriminatory reason for his firing.

Question 19

A standard applied to all employees or candidates for employment equally but never-the-less is shown to be discriminatory is called a ________ standard.

Question 20

In Oncale v.Sundowner Offshore Services,Inc.,the court determined that same sex harassment is a legitimate issue covered and actionable under Title VII.

Question 21

The Americans with Disabilities Act defines a disability as being a physical impairment and does not include or protect employees regarding mental impairments.

Question 22

Disparate impact claims under the Age Discrimination in Employment Act do not require the employer to prove a business necessity in order to defend their actions.

Question 23

Affirmative action programs are designed to remedy an actual past practice of discrimination.

Question 24

If the plaintiff proves their prima facie case under the McDonnell Douglas standard,the burden of proof shifts to the defendant to evidence a legitimate and nondiscriminatory reason for the discriminatory action.

Question 25

Under the Age Discrimination in Employment Act to maintain a valid claim the replacement employee must be substantially younger than the terminated employee and must be a member of a recognized protected class.

Question 26

The Equal Employment Opportunity Commission enjoys rule making as well as enforcement powers.

Question 27

Under the Age Discrimination in Employment Act,substantially younger is not defined,but many courts follow the general rule that the age difference must be 10 years in order to qualify as substantially younger.

Question 28

Every time Mike passes Kathy in the office he rubs against her.Sometimes he walks up behind her and massages her shoulders even though she has told him not to.Lately he's been pinching her butt when no one is watching.Mike is committing quid pro quo sexual harassment.

Question 29

State and local affirmative action plans in race or gender based preferences in hiring government contractors are subject to strict scrutiny.

Question 30

The most common form of sexual harassment is quid pro quo harassment.

Question 31

The Equal Pay Act was written to prohibit racial discrimination in pay.

Question 32

A plaintiff need not be in a minority of a protected class to be covered under Title VII.

Question 33

Federal laws concerning discrimination expressly preempt state laws and prohibit them from imposing additional obligations and legal responsibilities on employers not covered under the federal statutes.

Question 34

Affirmative action sets and requires quotas in order to meet racial and sexual equality.

Question 35

After conducting an investigation of a discrimination claim,should discrimination be found,the EEOC may immediately file suit on behalf of the aggrieved employee.

Question 36

A person must exhibit some sort of distinctive physical characteristic,obvious to a neutral observer in order to be considered as disabled.

Question 37

Intent to discriminate must be proven for a disparate impact case to be successful.

Question 38

A successful Age Discrimination in Employment Act suit required that the plaintiff affirmatively prove that age was the direct reason for the adverse employment action suffered.

Question 39

Emmanuelle has been the subject of intense and continuous hostile environment sexual harassment over a period of months.If she quits before filing a complaint with the EEOC,she forfeits the right to file the complaint and seek damages.

Question 40

It may not be discriminatory to require that persons in a protected class,in certain instances,be afforded special rights.

Question 41

In PGA Tour,Inc.v.Martin,Martin was a golfer who sought accommodation under the Americans with Disabilities Act for a recognized disability which caused pain due to restricted blood flow between his legs and heart.He asked to use a cart which would then permit him to play full rounds of golf.The PGA responded that its rules prohibited carts during tournament play and that allowing cart use would fundamentally change the game.The court determined that:

A) Martin should be allowed to use the cart because it provided him with little or no advantage under the circumstances and such an accommodation was not unreasonable nor did it fundamentally change the game.
B) Martin should be allowed to use the cart because carts are used at country clubs where strict rules of golf are required so the PGA ban was arbitrary and discriminatory.
C) Martin should not be allowed to use the cart because having one player using a cart and banning all others discriminates against the other players.
D) Martin should not be allowed to use the cart because there were other accommodations offered by the PGA which were reasonable and Martin had no right to reject them

Question 42

The business necessity defense is a defense to:

A) disparate treatment cases.
B) sexual harassment cases.
C) unequal pay cases.
D) disparate impact cases

Question 43

Angel is Hispanic and has applied for a job at Buckets Inc.Buckets Inc.has a workforce that is 45% Hispanic,35% black and 20% white.This closely approximates the available workforce available to Buckets.Angel is turned down for the job and is told that they have too many Hispanics,so he couldn't be hired.He is a victim of:

A) mixed motive discrimination.
B) disparate treatment.
C) affirmative action.
D) disparate impact

Question 44

An employee must file charges of illegal discrimination with the EEOC within ________ days of the adverse job action.

A) 90
B) 120
C) 180
D) 365

Question 45

Martha and Bill have applied for teaching positions in your school's accounting department.Martha is a recent graduate with her PhD in accounting and one published paper.She has no teaching experience except for classes taught as a teaching assistant during her PhD program.Bill also has a PhD in accounting and has been teaching for five years at a major university.He has eight published papers.Both are hired as tenure track assistant professors and assigned two 101 courses and one 102 course.When Martha later discovers that Bill's salary is $10,000 higher than hers she is furious and files suit under the Equal Pay Act.Will she be successful?

A) she is being paid less to do the exact same job that her male counterpart is doing so she does have a valid cause of action
B) Bill's five years of seniority allows the University to pay him more without liability
C) Martha does not have a valid cause of action because she is not a minority eligible for EPA protections
D) Martha does not have a valid cause of action because Bill is being paid a different salary based on factors other than sex

Question 46

In EEOC v.Asplundh Tree Expert Co.,the court dismissed the lawsuit against the defendant because:

A) the EEOC filed suit without doing an investigation.
B) the EEOC did not have a right to sue letter.
C) the EEOC had not acted in good fair with regard to the timing and procedures they followed.
D) the EEOC had not uncovered an actionable form of discrimination and the suit was without merit

Question 47

The Americans with Disabilities Act applies to employers with ________ employees.

A) 10 or more
B) 15 or more
C) 20 or more
D) 25 or more

Question 48

Which of the following is not a protected class under the original Civil Rights Act of 1964?

A) gender
B) age
C) race
D) national origin

Question 49

Tom is a city policeman and is Mr.August in the police charity calendar wearing only a pair of Speedos and a smile.Chuck is a fellow cop and a homosexual.Every opportunity that he has,Chuck brushes up against Tom and asks if Tom has ever been with a man.Chuck buys Tom gifts and leaves them by Tom's locker.Tom throws the gifts away immediately.Tom has asked Chuck to stop but Chuck just laughs and says that "I'll get you someday".Tom is and has always been a heterosexual.Tom has complained to his superiors pursuant to department policy but they claim it's just horseplay and not serious.If Tom files a complaint with the EEOC:

A) he has a valid case based on hostile work environment harassment.
B) he has a valid case based on quid pro quo harassment.
C) he does not have a case because same gender harassment does not give rise to a valid cause of action.
D) he does not have a case because Chuck's actions are not severe enough to constitute sexual harassment

Question 50

Mike and Kathy are both tenured associate professors in a school's English Department.Kathy is constantly asking Mike out on dates,which he always refuses.He has asked her to stop asking.Furthermore,Kathy is always making provocative comments to him,telling dirty jokes and asking him about his preferences in women which embarrasses him and has caused him to lose sleep.If Mike sues the school for permitting her behavior:

A) the school would win because a woman can't harass a man and he should be flattered rather than upset.
B) the school would win because Mike and Kathy are on the same employment level and Mike can't be truly harassed unless Kathy has the ability to impact his job status; which she doesn't.
C) Mike wins if he had previously complained to the school and they had done nothing to stop the harassment.
D) Mike wins because regardless of notice, the employer is automatically liable for any improper activity that occurs on the job and it is their responsibility to know what is happening on their premises

Question 51

Which of the following inclusions in an employment advertisement would likely not be considered discriminatory?

A) young persons wanted
B) seeking recent college graduates
C) high school graduation required
D) stewardesses needed

Question 52

The EEOC is a _____ member commission.

A) five
B) ten
C) fifteen
D) twenty

Question 53

The Equal Employment Opportunity Commission was created by the:

A) Civil Rights Act of 1964.
B) Americans with Disabilities Act.
C) Lilly Ledbetter Fair Pay Act.
D) Executive Order 11246 creating Affirmative Action

Question 54

Which of the following is a neutral requirement that is likely to result in disparate impact?

A) females only
B) one year of prior experience required
C) physical strength test must be passed
D) American's only

Question 55

Your school's football coach has just been fired.When the athletic director informs him of the termination he tells the coach that although he has had recent winning seasons,the inability to make it into post season play and his inability to groom players for the pros has weighed prominently in the decision.He is also told that his recruiting has not been effective and that his fund raising has been disappointing.The AD then tells him that his pretty boy image makes him look too effeminate,he dresses like a nerd and that he doesn't portray the proper image of a head football coach desired by the school.Coach's best theory for pursuing a discrimination law suit is:

A) disparate treatment discrimination.
B) mixed motives discrimination.
C) disparate impact discrimination.
D) pretextual discrimination

Question 56

Jon and Amy work for Dover Farm and Home Company.Jon and Amy are caught one day,stealing a tractor.The next day,Jon was given a verbal warning and Amy was terminated.

A) Amy has a claim for discrimination based on gender discrimination.
B) if the company has a written policy providing for termination for theft, Amy does not have a claim for discrimination based on gender discrimination.
C) Amy does not have a claim for discrimination based on gender discrimination if Jon has more seniority.
D) Amy does not have a claim for gender discrimination if she is paid more than Jon

Question 57

When applying the Age Discrimination in Employment Act,the substantially younger test generally says that the younger employee must be at least ________ years younger than the terminated employee claiming discrimination.

A) three
B) five
C) eight
D) ten

Question 58

Title VII applies to private sector employers with:

A) 10 employees or more.
B) 15 employees or more.
C) 20 employees or more.
D) 25 employees or more

Question 59

Which of the following would likely not be considered a major life activity supporting a disability claim?

A) being able to sit for long periods
B) thinking and reasoning
C) proficiency in typing
D) speaking

Question 60

April has refereed high school and women's college soccer for ten years.She is fit,knows the rules without question and has always received excellent evaluations.When she applies to referee men's college games,the men's college referee administrator tells her that he can't use her because women won't get the player's respect and that the game looks more serious and acceptable with men refereeing.April is the victim of:

A) disparate treatment discrimination.
B) mixed motives discrimination.
C) disparate impact discrimination.
D) pretextual discrimination

Question 61

Your school's police/security force requires that all officers be over 6' and over 200 lbs.This requirement creates a:

A) disparate treatment regarding men.
B) disparate impact regarding men.
C) disparate treatment regarding women.
D) disparate impact regarding women

Question 62

Dr.Augustus is a professor at a university and is up for tenure.He is a black male of African heritage and speaks with a very strong and very difficult to understand accent.When upset or excited,his accent becomes incomprehensible.When his tenure committee reviews his credentials,they find that he meets and exceeds the publication record required of a person applying for tenure.They also see that his student evaluations are consistently negative citing an inability to communicate his ideas to students,constant lateness to class and unexplained essay grading appearing to be arbitrary.The evaluations also claim that he rarely maintains appropriate office hours and won't provide assistance to students.Peer and supervisor evaluations indicate his unwillingness to contribute to committee work and a general lack of camaraderie.His accent has been addressed but he has constantly rejected any suggestions to improve his communication skills.It is recommended that he be denied tenure.Subsequent committees come to similar conclusions and he is given a termination contract.Reasons given include his inability to communicate,his refusal to work with students,his failure to maintain office hours and his refusal to work with other faculty.Dr.Augustus believes that he has been denied tenure primarily due to his race and African heritage and files a claim with the EEOC.When the EEOC investigates,they find numerous black faculty members of African heritage; many with pronounced accents,both tenure track and tenured.Has Dr.Augustus been discriminated against? Why or why not?

Question 63

Which of the following would be valid grounds to recognize and apply a bona fide occupational qualification?

A) a survey of customers at a restaurant shows a preference for female servers so males are not hired
B) a survey of customers at a health spa indicates that same sex attendants are wanted in locker rooms for privacy reasons
C) a factory is in a bad part of town so they refuse to allow women to work the night shift for safety reasons
D) a church has always had a white pastor so other races who apply are automatically excluded

Question 64

In Ricci v.DeStefano,Ricci,a white firefighter,took and passed the City of New Haven firefighter's test,required of all applicants for promotion in the city's fire department.The test was thrown out when it was discovered that minorities scored poorly and the city feared a disparate impact based law suit.

A) even though the test was prepared by a professional testing organization, the city has the right to reject the test results if minorities do not score adequately
B) deliberately oversampling minorities to seek to create a fair test is irrelevant if the test results show that minorities still scored poorly
C) Ricci, as a member of the white majority, had no grounds to sue when the city was seeking the legitimate aim of nondiscrimination
D) An employer may not simply disregard a test based on unwanted results unless the test is shown to be biased or deficient

Question 65

What was the justification for,and the purpose of,the Lilly Ledbetter Fair Pay Act of 2009?

Question 66

Under what conditions may an employer be held responsible to an aggrieved employee for sexual harassment committed by a co-worker even if the employer is completely unaware of and had no actual knowledge of the illegal conduct.

Question 67

Tom is a cop and has a reputation for being one of the toughest men in the precinct.He regularly hangs out with the guys and flirts with the women.After two years he announces that he is gay and always has been.A week later he is fired when his lieutenant announces that he can't trust a gay person and feels too uncomfortable around him.If Tom files a discrimination complaint with the EEOC,what will be the outcome?

Question 68

In Enriquez v.West Jersey Health Systems,the plaintiff began an external transformation from male to female.When her contract was not renewed she brought suit claiming discrimination.

A) the plaintiff was not entitled to protection under federal law but was protected by New Jersey state law
B) although there was a New Jersey law protecting Enriquez, because the federal law excluded the plaintiff the state law was deemed preempted and could not be enforced
C) changing sex or changing sexual appearance is intended to be covered by Title VII so Enriquez had a valid suit
D) the discomfort of the majority of the plaintiff's coworkers outweighed any rights that the plaintiff might have because the majority should be able to dictate policy

Question 69

In a disparate impact case,if an employer can show that a challenged employment practice is job related and consistent with business necessity,the plaintiff can still win by showing that:

A) there is an alternative practice that would have less discriminatory effects, but the employer declines to use it.
B) the employer has engaged in a pattern or practice of discrimination.
C) the difference in selection rates across protected class groups is statistically significant.
D) there is additional evidence of a discriminatory motive

Question 70

The Equal Pay Act is an amendment to:

A) the Civil Rights Act of 1964.
B) the Fair Labor Standards Act.
C) the National Labor Relations Act.
D) the Social Security Act

Question 71

The Uniform Guidelines on Employee Selection Criteria says that discrimination is likely if the pass rate of any protected class is less than ________ of the pass rate of the most successful race,sex or other protected class tested.

A) 50%
B) 60%
C) 70%
D) 80%

Question 72

Name the four elements that must be proven to establish a prima facie case of disparate treatment in hiring under the McDonnell Douglas standard.

Question 73

Kim,a CPA,works for a small accounting firm consisting of two managing partners,six accountants and four secretaries.During a skiing vacation,Kim has a serious fall and is paralyzed from the waist down.While she cannot walk,her mind is not affected and she is 100% capable of performing her accounting duties.She has asked the firm to widen the aisles between cubicles so she can maneuver her wheel chair and to provide a special desk that is wheel chair friendly.These accommodations would cost less than $1,000.

A) under provisions of the Americans with Disability Act her requests should be granted because they are reasonable
B) under provisions of the Americans with Disability Act her requests would not be granted because they are not reasonable
C) since she can still do her job she is not deemed to have suffered a limitation to a major life activity
D) the company is not required to make or offer any accommodations to Kim

Question 74

Robin has just graduated with an MS in elementary education.He sends his resume to a number of school boards and one writes back offering an interview for a kindergarten position.When Robin arrives at the interview it is obvious that the interviewers had expected a female.They ask a few general questions and conclude the interview.Two days later he gets a rejection letter.He later finds out that a female applicant with only a Bachelors degree was hired.He believes that he has been discriminated against due to sex and he files a complaint with the EEOC.The school district defends by saying that kindergarten teachers are traditionally female and that the parents' preference is for a female to conduct the class.Is the school board justified in their actions and will their defense be effective?

Question 75

What are the four defenses available to an employer under the Equal Pay Act that will permit different levels of pay between men and women?

Question 76

Mohammed has applied for a custodial job and has been rejected.He believes that his rejection is because of his Arab heritage.He is able to show two years of custodial experience and has successfully performed each of the jobs listed on the positions job description.He subsequently discovers that the job continued to be advertised after his rejection.When he files a complaint alleging disparate impact discrimination with the EEOC,the employer asserts that Mohammed did not meet their qualifications which included a minimum of ten years experience and a high school degree.How should the court decide this case?

Question 77

Once the plaintiff has established a prima facie case under the McDonnell Douglas standard and the defendant has presented justification for the actions taken,the plaintiff must now prove any of the following except:

A) the defendant's stated reasons had no basis in fact.
B) the stated reasons were not the true and accurate reasons.
C) the stated reasons were insufficient to explain the defendant's actions.
D) the stated reasons contain a mixed motive

Question 78

What procedures or policies should employers implement to protect themselves from charges of discrimination even when firing an employee for misconduct?

Question 79

Amanda works in an office environment with 50 employees.Once or twice a week,her boss Alan,tells her she has great legs and that she should wear shorter skirts.He also tells her to let loose and open another button on her blouse once in a while.She asks him to stop and continues to wear knee length skirts and keeps her blouse buttoned to the neck.He never touches her and he never makes these comments when someone else can hear.When she gets her performance appraisal from Alan,he gives her an excellent evaluation and a raise.After listening to Alan for six months she files a complaint with the EEOC:

A) she has a valid quid pro quo claim.
B) she has a valid hostile environment claim.
C) she may choose either a valid quid pro quo claim or a hostile environment claim as both are valid.
D) she has suffered no economic or other job detriment so she has no cause of action

Question 80

Ben has just been diagnosed with diabetes.He has the disease under control through diet,exercise and drugs.He is an assistant manager at a chain department store and is fully capable of performing all of his job functions and needs no accommodations.Ben rides a bicycle over 100 miles per week,participates in half marathons and regularly works out at the YMCA.When he applies for a promotion to manage a store in the chain,he is turned down because his superiors are concerned that his diabetes could affect his job performance.Is Ben disabled and does the Americans with Disabilities Act afford him any protections?