Deck 28: Discrimination and Labor Law

Question 1

Disparate-impact 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.

Answer 1

True

Question 2

Title VII of the Civil Rights Act of 1964 does NOT apply to employers with only five employees.

Answer 2

True

Question 3

Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination.

Answer 3

False

Question 4

Title VII covers employees' online activities.

Question 5

Constructive discharge occurs when an employer causes an employee's working conditions to be so intolerable that a reasonable person in the employee's position would feel compelled to quit.

Question 6

Under the Americans with Disabilities Act of 1990,an employer must hire unqualified applicants who have disabilities.

Question 7

A victim of alleged discrimination may bring a suit against an employer after filing a claim with the Equal Employment Opportunity Commission.

Question 8

When bringing an action against an employer based on intentional dis?crimina?tion,a person need not show that he or she is a mem?ber of a protected class.

Question 9

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

Question 10

It is unlawful for an employer to retaliate against an employee who has opposed a discriminatory employment practice.

Question 11

The Age Discrimination in Employment Act of 1967 prohibits employ?ment discrimi?nation on the basis of age against persons under eighteen.

Question 12

Under the Americans with Disabilities Act of 1990,a person with a physi?cal impairment that "substantially limits" everyday activities is disabled.

Question 13

All employers in the United States are subject to federal employment discrimination laws.

Question 14

The Civil Rights Act of 1964 prohibits job discrimination on the basis of experience.

Question 15

A plaintiff who proves that unlawful discrimination occurred may be awarded reinstatement,back pay,but NOT retroactive promotions.

Question 16

Women are an example of a protected class.

Question 17

The Americans with Disabilities Act of 1990 defines disabled persons as persons impaired mentally or physically "in any way."

Question 18

Sexual harassment can only occur if sexual favors are actually demanded of an employee.

Question 19

To establish a prima facie case of discrimina?tion under Title VII,a plain?tiff need not show that discriminatory intent motivated an em?ployer's decision.

Question 20

Under the Americans with Disabilities Act of 1990,disabled employees are entitled to "reasonable accommodation."

Question 21

An employer can refuse to bargain collectively with an elected employee representative.

Question 22

Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of 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 23

Management may never legally limit union activities.

Question 24

Race can be a bona fide occupational qualification.

Question 25

A closed shop is a firm that rejects union membership as a condition of employment.

Question 26

When workers must be laid off,an employer must consider union participation in deciding whom to fire.

Question 27

Title VII of the Civil Rights Act of 1964 applies to which of the following?

A)An employer with five employees
B)An employer with ten employees
C)A labor union with twenty-five members
D)A labor union with twelve members

Question 28

A good business reason for a practice that has a discriminatory effect may permit an employer to avoid liability for discrimination.

Question 29

Erica is sixty-year-old woman with cerebral palsy.Erica is a member of

A)one protected class.
B)two protected classes.
C)three protected classes.
D)no protected classes.

Question 30

Lee is seventy years old and Mira is gay.Based on this information,members of protected classes include

A)Lee and Mira.
B)Lee only.
C)Mira only.
D)neither Lee nor Mira.

Question 31

Individual states may pass their own right-to-work laws.

Question 32

Unfair labor practices are defined by the Norris-LaGuardia Act.

Question 33

A union may threaten an employee with the loss of a job for failure to join the union.

Question 34

Non-workers do not have a right to picket an employer during a strike.

Question 35

An em?ployer who hires and fires workers ac?cording to a fair seniority sys?tem may have a good defense to an employment discrimination suit.

Question 36

A union may discriminate against workers who do not wish to "join" the union.

Question 37

Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws.Among these,the most important statute prohibiting discrimination against members of protected classes is

A)the Age Discrimination in Employment Act of 1967.
B)the Americans with Disabilities Act of 1990.
C)the National Labor Relations Act of 1935.
D)Title VII of the Civil Rights Act of 1964.

Question 38

An employer may not hire substitute workers to replace strikers.

Question 39

The Norris-LaGuardia Act effectively declared a national policy permitting employees to organize.

Question 40

Gender can be a bona fide occupational qualification.

Question 41

Silky Coordinates,a women's clothing store,employs female attendants to as?sist customers in the dressing rooms.Radley,a forty-one-year-old male,ap?plies for an atten?dant's job,but is not hired.In Radley's suit against Silky for em?ployment 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 systems defense.

Question 42

Fact Pattern 28-1 (Questions 15-16 apply)
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
Refer to Fact Pattern 28-1.Manny believes that he has been discriminated against on the basis of his age.For the Age Dis?crimination in Employment Act of 1967 to apply

A)all parties must be forty years of age or younger.
B)Lita must be forty years of age or older.
C)Manny must be forty years of age or older.
D)NBC must have been in existence for at least forty years.

Question 43

Fact Pattern 28-1 (Questions 15-16 apply)
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
Refer to Fact Pattern 28-1.To succeed with an age-discrimination claim against CBC,Manny will have to show that

A)Lita is not qualified for Manny's job.
B)Manny is qualified for his job.
C)NBC's qualifications for Manny's job are too high.
D)no one could do Manny's job as well as he could.

Question 44

Greta is the only female employee in the maintenance department of Hydraulics Inc.Greta'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.
B)a destructive discharge.
C)an instructive discharge.
D)not a discharge.

Question 45

During a union election campaign,Autowerks Repair,Inc.,prohibits on-site solicitations by any party,including Mechanics Union,which is seeking the workers' unionization.This violates

A)federal labor law.
B)federal elections law.
C)federal employment discrimination law.
D)no federal law.

Question 46

David's Diamonds,Inc.is hiring a new clerk and interviews four applicants.Phillip has AIDS,Josie has heart disease,Martha is a kleptomaniac and George has diabetes.Under the Americans with Disabilities Act,all of the applicants are considered disabled except

A)Phillip.
B)Martha.
C)George.
D)Josie.

Question 47

Machine Corporation requires its employees to have a high school diploma,claiming a definite connection between a high school edu?ca?tion and job performance.In a suit against Machine Corporation under Title VII,this requirement is shown to have a discriminatory effect.The employer has

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

Question 48

Lew,a member of a protected class,applies for a job with Mit-E Construction Company,but fails Mit-E's employment test and is not hired.Lew believes that the test has an unintentionally discriminatory effect.If so,this is

A)desperate-measure discrimination.
B)disparate-impact discrimination.
C)disparate-treatment discrimination.
D)not discrimination.

Question 49

Elsa participates in a Title VII investigation at the firm 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 50

Food Packagers Union represents the workers of Garden Variety,Inc.The company does not require its workers to join the union as a prerequisite to obtaining employment.The union would like the employer to require the workers to join after a specified amount of time on the job.This would violate

A)federal labor law.
B)federal full employment law.
C)federal employment discrimination law.
D)no federal law.

Question 51

Lisa brings a lawsuit against her employer for unlawful discrimination.Lisa is successful in proving that she was unlawfully discriminated against by her employer.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 52

Cody believes that Delta Corporation has dis?criminated against him on the basis of gender.Cody files a suit against Delta under Title VII.To es?tablish a prima facie case of employment discrimi?nation,Cody must show that

A)Cody is a member of a protected class.
B)Delta has no legal defenses against the claim.
C)discriminatory intent motivated Delta's act.
D)other firms in Delta's industry have committed discriminatory acts.

Question 53

Svetlana,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 54

The standard for determining whether constructive discharge has occurred is whether or not

A)a reasonable person in the employee's position would feel compelled to quit.
B)the employee's annual wage rate is fair.
C)a person of another race in the employee's position would feel compelled to quit.
D)a person of the opposite gender in the employee's position would feel compelled to quit.

Question 55

Fact Pattern 28-2 (Questions 18-19 apply)
Beth,who has a disability,is an employee of Corporate Office Company (COC).After the installation of new doors on COC's building,Beth finds it nearly im?possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability.
Refer to Fact Pattern 28-2. To successfully defend against Beth's claim,COC will have to show that

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

Question 56

Elections for union officers are regulated by

A)the Labor-Management Relations Act.
B)the Civil Rights Act.
C)the Labor-Management Reporting and Disclosure Act.
D)no federal law.

Question 57

Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race.Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination.Sarah 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 by Trekking Travel Agency.
D)other people of her race hold similar positions with other employers.

Question 58

Employers are not allowed to interfere with employees' efforts to form or join a union due to the

A)Norris-LaGuardia Act.
B)National Labor Relations Act.
C)Civil Rights Act.
D)Labor-Management Relations Act.

Question 59

Melanie files an employment discrimination suit against Natural Gas Industries Corp.under Title VII on a disparate-impact theory.To succeed,Melanie must show that a protected group of people are adversely affected by any of the following except the employer's

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

Question 60

Fact Pattern 28-2 (Questions 18-19 apply)
Beth,who has a disability,is an employee of Corporate Office Company (COC).After the installation of new doors on COC's building,Beth finds it nearly im?possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability.
Refer to Fact Pattern 28-2. To succeed with a claim against COC under the Americans with Disabilities Act,Beth will have to show that

A)Beth consistently met the essential requirements of her job.
B)COC refused to make reasonable accommodation for Beth.
C)Dian is unqualified for Beth's position.
D)the doors were installed as an act of intentional discrimination.

Question 61

Pip,a clerk for a Quik Burger,Inc.,restaurant goes out on strike with the other employees.After the strike,Pip must be given his job back if the strike is not deemed unlawful,there is still work at the restaurant,and the strike was

A)an economic strike only.
B)an economic strike or an unfair labor practice strike.
C)an unfair labor practice strike only.
D)unlawful.

Question 62

For twenty years,Ozzie works for Players Paradise,a destination for vacationers from across the United States,maintaining golf carts.After a steady stream of positive job evaluations and merit pay raises,Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players's courses.Five years later,a new employee,Quentin,is hired to oversee operations at all ten of Players's courses.Quentin demotes Ozzie,who is now over the age of forty,to running only one of the three cart facilities,and freezes his salary.Quentin demotes five other employees over the age of forty and places one of Ozzie's former facilities under the supervision of Richie,who is twenty-three.Ozzie overhears Richie say,"We're going to have to do away with these old,senile men." Less than a year later,Quentin reconsolidates the three cart facilities' operations under Richie's charge.Ozzie quits and files a suit against Players for employment discrimination. Should he prevail? Explain.

Question 63

The employee union at Top Tech Toys decides to go on strike.Their strike will be legal if

A)the strikers form a picket line.
B)the strikers form a massed barrier and deny management and nonunion workers access to Top Tech Toys' plant.
C)the strikers stay in Top Tech Toys' plant without working.
D)the strikers violently attack management.

Question 64

Finance Professionals Union represents the workers of Business & Commerce Banking Corporation.The management of the firm refuses to bargain with the union over the economic consequences of the company's decision to shut down some facilities.This violates

A)federal labor law.
B)state right-to-work laws.
C)federal employment discrimination law.
D)no federal or state law.

Question 65

Clerical Workers Union represents the employees of Miracle Medical Research Company.The management of the firm refuses to bargain with the union over the hiring of unnecessary workers.This violates

A)federal labor law.
B)state right-to-work laws.
C)federal employment discrimination law.
D)no federal or state law.

Question 66

Dag is an employee of Ridge Mining Company.Under federal labor law,Dag and other employees have the right to

A)negotiate collectively with Ridge over employment conditions.
B)insist that Ridge require union membership as a condition of work.
C)interfere with the efforts of others to form labor organizations.
D)refuse to bargain with Ridge through their representatives.

Question 67

Musicians & Performers Union represents the employees of Piquant Legerdemain,Inc.During negotiations over conditions of employment,each side rejects the other's proposal without offering a counterproposal.This indicates

A)bad faith.
B)good faith.
C)each party's attempt to obtain concessions on other subjects.
D)reasonable efforts to come to an agreement.

Question 68

Detroit Automotive Company (DAC) agrees with its employees' union not to buy any nonunion-produced component parts from other firms for use in DAC products.This is

A)a permissible secondary boycott.
B)a prohibited secondary boycott.
C)a technically legal secondary boycott.
D)a unilateral one-party boycott.

Question 69

The employees of Slaughterhouse Corporation designate Meatpackers Union as their bargaining representative.Slaughterhouse refuses to bargain with the union.This violates

A)federal labor law.
B)federal elections law.
C)federal employment discrimination law.
D)no federal law.

Question 70

With a couple of new ideas regarding software design,Carol and Ray start a partnership that,with business success,becomes Pacific Applications Company.The company grows to include a staff of twenty-one employees.Over time,Pacific develops a new computer operating sys?tem.The firm signs licensing contracts with several computer manu?fac?turers,but needs to double the number of its employees to fulfill those con?tracts.Is Pacific subject to federal antidiscrimination laws? If so,what should it consider in hiring new employees?

Question 71

During a union election campaign,Sapphire Blue Finance Company prohibits on-site solicitations by Credit Workers Union,which is seeking the workers' unionization,while permitting charities to solicit the same workers.This violates

A)federal labor law.
B)federal elections law.
C)federal employment discrimination law.
D)no federal law.

Question 72

Following a union election campaign by Gamester Craftworkers Union among the employees of Vivid Video,Inc.,the union does not obtain a majority vote in the election.This most likely violates

A)federal labor law.
B)federal elections law.
C)federal employment discrimination law.
D)no federal law.