Deck 43: Employment Discrimination

Question 1

At-will employment applied in all states in the U.S.until the year ________.

A)1959
B)1932
C)1964
D)1944
E)1920

Answer 1

A
Explanation: A)At-will employment applied in all states with no exceptions until 1959.
B)At-will employment applied in all states with no exceptions until 1959.
C)At-will employment applied in all states with no exceptions until 1959.
D)At-will employment applied in all states with no exceptions until 1959.
E)At-will employment applied in all states with no exceptions until 1959.

Question 2

In response to a Title VII action,an employer may raise the bona fide occupational qualification defense,which allows an employer to discriminate in certain circumstances when doing so is necessary for the performance of the job.

Answer 2

True

Question 3

What is the name of the defense an employer can raise in response to a Title VII action,which allows the employer to give preferential treatment to employees based on their length of service?

A)Loyalty defense
B)Merit defense
C)Time served defense
D)Bona fide occupational qualification defense
E)Seniority system defense

Answer 3

E
Explanation: A)Even though a seniority system,in which employees are given preferential
treatment based on their length of service,may perpetuate past discrimination,such systems are considered bona fide and are thus not illegal if 1)the system applies equally to all persons;2)the seniority units follow industry practices;3)the seniority system did not have its genesis in discrimination;and 4)the system is maintained free of any illegal discriminatory purpose.
B)Even though a seniority system,in which employees are given preferential treatment based on their length of service,may perpetuate past discrimination,such systems are considered bona fide and are thus not illegal if 1)the system applies equally to all persons;2)the seniority units follow industry practices;3)the seniority system did not have its genesis in discrimination;and 4)the system is maintained free of any illegal discriminatory purpose.
C)Even though a seniority system,in which employees are given preferential treatment based on their length of service,may perpetuate past discrimination,such systems are considered bona fide and are thus not illegal if 1)the system applies equally to all persons;2)the seniority units follow industry practices;3)the seniority system did not have its genesis in discrimination;and 4)the system is maintained free of any illegal discriminatory purpose.
D)Even though a seniority system,in which employees are given preferential treatment based on their length of service,may perpetuate past discrimination,such systems are considered bona fide and are thus not illegal if 1)the system applies equally to all persons;2)the seniority units follow industry practices;3)the seniority system did not have its genesis in discrimination;and 4)the system is maintained free of any illegal discriminatory purpose.
E)Even though a seniority system,in which employees are given preferential treatment based on their length of service,may perpetuate past discrimination,such systems are considered bona fide and are thus not illegal if 1)the system applies equally to all persons;2)the seniority units follow industry practices;3)the seniority system did not have its genesis in discrimination;and 4)the system is maintained free of any illegal discriminatory purpose.

Question 4

In order to establish facts sufficient to create a reasonable inference that age was a determining factor in a termination,a plaintiff in an Age Discrimination in Employment Act case need not prove replacement by someone outside the protected class.

Question 5

The issue of whether a hostile work environment exists is only considered by courts in the context of harassment based upon gender.

Question 6

________ of the Civil Rights Act of 1964 deals with discrimination in employment.

A)Title III
B)Title IV
C)Title VII
D)Title VI
E)Title V

Question 7

What was the holding of the appellate court in Dixon v.University of Toledo,the case in the text in which the plaintiff alleged a violation of the Equal Pay Act?

A)That the plaintiff correctly made out her prima facie case through establishing that there was no basis upon which her termination could be legally based and that the male successor was hired almost immediately following her termination.
B)That the defendant was entitled to a judgment in its favor because a claim under the Equal Pay Act cannot be based on a male successor's pay rate.
C)That the defendant was entitled to a judgment in its favor because Title VII subsumed the provisions of the Equal Pay Act,and the plaintiff was required to name Title VII in her complaint.
D)That the plaintiff correctly made out her prima facie case by alleging the wage differential between her pay at termination and her successor's pay at the onset of his new position.
E)That the defendant was entitled to a judgment in its favor because it established that the plaintiff was fired for cause.

Question 8

Only one state prohibits discrimination on the basis of sexual orientation.

Question 9

is the term for the principle that an employee may be fired for no reason at all?

A)Unsupported discharge
B)Fire-at-will
C)Without-reason-firing
D)At-will employment
E)No-reason-firing

Question 10

Disparate treatment is regarded as intentional discrimination and disparate impact is regarded as unintentional discrimination.

Question 11

The number of sexual harassment claims filed under Title VII has declined in recent years.

Question 12

It is usually more difficult to prove disparate impact,as opposed to disparate treatment,in regard to violations of Title VII.

Question 13

The Disability Action Agency,not the Equal Employment Opportunity Commission,enforces the Americans with Disabilities Act.

Question 14

Title VII is not applicable to American firms' overseas operations.

Question 15

A corporation that is clearly a foreign corporation and not controlled by an American entity is not subject to U.S.equal employment laws.

Question 16

An employee who is employed under a collective bargaining agreement is considered to be an at-will employee.

Question 17

Employers cannot use social media in making employment decisions because it is against federal law.

Question 18

The concept of at-will employment excludes the concept that an employee may quit at any time.

Question 19

State laws may give employees less,but not more,protection than federal law.

Question 20

The Americans with Disabilities Act's definition of disabled individuals includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Question 21

In order to prove disparate treatment employment discrimination under Title VII,what is the first showing a plaintiff must make?

A)The plaintiff would prove beyond a reasonable doubt that discrimination occurred.
B)The plaintiff would show that other people were also being discriminated against.
C)The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext.
D)The plaintiff would demonstrate a prima facie case of discrimination.
E)The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused.

Question 22

are sometimes called "unintentional discrimination" cases.

A)Disparate-treatment cases
B)Sexual harassment cases
C)Disparate-impact cases
D)Disparate-treatment cases and disparate-impact cases,but not sexual harassment cases.
E)All of these

Question 23

Title VII of the Civil Rights Act applies to employers who have ________ or more employees for ________ consecutive weeks within one year and who are engaged in a business that affects commerce.

A)50;20
B)20;50
C)15;30
D)15;20
E)20;52

Question 24

In the area of employee testing,which of the following shows a statistical relationship between test scores and objective criteria of job performance,in the area of employee testing?

A)Content validity
B)Performance validity
C)Object validity
D)Construct validity
E)Criterion-related validity

Question 25

If the EEOC decides not to sue on behalf of a plaintiff,what does the EEOC provide to the plaintiff?

A)A reinstatement letter
B)A termination of claim letter
C)A referral letter
D)A delineation letter
E)A right-to-sue letter

Question 26

Prima facie is Latin for ________.

A)By a preponderance
B)A provable case
C)At first view
D)Beyond a reasonable doubt
E)Probable cause

Question 27

In Title VII cases based on discrimination other than race,which of the following statements is true regarding caps on punitive damages?

A)Punitive damages are capped at $75,000 for employers of between 50 and 200 employees.
B)Punitive damages are capped at $300,000 for employers of more than 500 employees.
C)Punitive damages are capped at $50,000 for employers of between 100 and 200 employees.
D)Punitive damages are capped at $25,000 for employers of between 25 and 50 employees.
E)There is no cap on punitive damages.

Question 28

Which of the following is not available as a remedy under Title VII?

A)Remedial seniority
B)Court costs
C)Attorney fees
D)Reinstatement
E)Up to three years of back pay

Question 29

Under Title VII,which of the following statements is true regarding an award of attorney fees?

A)Similar to attorney fees in a motor vehicle accident lawsuit,attorney fees are never awarded to the prevailing party in Title VII cases.
B)Attorney fees are always awarded to the prevailing party in Title VII cases.
C)Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust;and if it is determined that a plaintiff's action was frivolous,unreasonable,or without foundation,a court may award attorney fees to the prevailing defendant.
D)Attorney fees are not awarded to a prevailing plaintiff;but if it is determined that a plaintiff's action was frivolous,unreasonable,or without foundation,a court may award attorney fees to the prevailing defendant.
E)Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust,but attorney fees are not awarded to prevailing defendant.

Question 30

Which of the following isolates some skill used on the job and directly tests that skill?

A)Object validity
B)Criterion-related validity
C)Content validity
D)Performance validity
E)Construct validity

Question 31

Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

A)The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur.
B)The burden shifts to the defendant to articulate a legitimate,nondiscriminatory reason for the discharge.
C)The burden remains with the plaintiff to prove discrimination beyond a reasonable doubt,a special standard in disparate-treatment cases.
D)The burden remains with the plaintiff to establish damages to a reasonable certainty.
E)The plaintiff wins.

Question 32

are the categories protected by Title VII.

A)Race,color,religion,sex,national origin,and age
B)Race,color,religion,and sex
C)Race,color,religion,sex,and national origin
D)Race and color
E)Race,color,and religion

Question 33

Which of the following measures a psychological trait needed to perform a job?

A)Performance validity
B)Content validity
C)Construct validity
D)Criterion-related validity
E)Object validity

Question 34

When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

A)At any time after 90 days have elapsed since the filing of the charge.
B)At any time after the charge is filed.
C)At any time after 60 days have elapsed since the filing of the charge.
D)At any time after 180 days have elapsed since the filing of the charge.
E)The plaintiff does not have the right to request a right-to-sue letter from the EEOC.

Question 35

are not a type of entity that may be covered by Title VII.

A)Private employers with 10 or fewer employees
B)Indian tribes
C)Unions
D)Employment agencies
E)Private clubs

Question 36

In states that do not have state EEOCs,an aggrieved party must file a charge with the federal EEOC within ________ days of the alleged discriminatory act.

A)60
B)90
C)365
D)180
E)30

Question 37

What was the ruling of the U.S.Supreme Court in Oncale v.Sundowner Offshore Services,Inc. ,the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

A)That same sex harassment may state a claim under Title VII.
B)That same sex harassment may state a claim in the male-to-male context but not in the female-to-female context.
C)That same sex harassment may never state a claim under Title VII.
D)That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment.
E)That same sex harassment states a claim under Title VII only if the harasser is a homosexual.

Question 38

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally,its actual effect is that it disproportionately limits employment opportunities for a protected class?

A)Disparate-treatment cases
B)Sexual harassment cases
C)Quid pro quo cases
D)Disparate-impact cases
E)All of these

Question 39

is the difference between the amount of money the plaintiff earned since the discriminatory act and the amount of money she or he would have earned had the discriminatory act never occurred.

A)Statutory pay
B)Back pay
C)Employment-based pay
D)Mandated pay
E)Front pay

Question 40

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

A)An employer may only be held liable in such cases if quid pro quo harassment is involved.
B)An employer may only be held liable in such cases if disparate-impact harassment is involved.
C)An employer cannot be held liable in such cases because the employer has no control over the nonemployee.
D)An employer is liable as a matter of law in such cases because an employer has an absolute duty to provide a work environment that is free of harassment.
E)An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee,yet the employer does nothing to remedy the situation.

Question 41

What did the U.S.Supreme Court rule in Harris v.Forklift Systems,Inc. ,the case in the text involving Title VII and whether psychological injury is necessary in order for a plaintiff to prevail?

A)That tangible psychological injury is necessary in order to prevail in a sexual harassment case under Title VII.
B)That whether the conduct at issue is physically threatening is the determining factor on the issue of whether psychological damages are available.
C)That whether the victim subjectively perceived the work environment to be abusive and suffered psychological injury is irrelevant to whether a violation of Title VII based on sexual harassment occurred.
D)That courts should apply a precise mathematical test as prescribed in the case in order to determine whether psychological damages are available.
E)That so long as the environment would reasonably be perceived,and is perceived,as hostile or abusive,there is no need for it also to be psychologically injurious.

Question 42

In the case of Seth,what type of harassment,if any,were Astrid's caresses and suggestive statements?

A)Quid pro quo.
B)Targeted.
C)Hostile work environment.
D)Sexual discrimination.
E)None because she did not touch him in an inappropriate way.

Question 43

[Hairstyle Headaches] Astrid owned a hair and nail salon.She had a crush on Seth,a stylist and one of her employees.He paid her no attention.Finally,Astrid told him that if he wanted to keep his job and get the new professional blow dryer he'd requested,he needed to take her on a date and give her a kiss.Seth reluctantly did so.After the date,Astrid proceeded to make suggestive comments to Seth in front of other employees and to request that he rub her shoulders.When she passed Seth's station,she would caress him while he worked.Astrid also decided that Roscoe,another of her employees,was cute.She showered him with the same type of attention.Roscoe enjoyed the attention.Seth filed a claim against Astrid for sexual harassment.Seth asked Roscoe to join in the claim.Roscoe said that Astrid's attention never personally bothered him,but that if Seth could collect,then he wanted in on the action.Seth told Roscoe that he was going to see a psychologist to substantiate his claim,that such substantiation is necessary,and that Roscoe should consider doing likewise.Roscoe told him that he had no interest in seeing a psychologist but that his case was as strong as Seth's.He said that while he found Astrid entertaining,he should be able to recover if Seth recovered.
Which type of harassment,if any,was involved when Astridtold Seth that if he wanted to get a new blow dryer and keep his job,then he needed to take her out on a date?

A)Hostile work environment.
B)Targeted.
C)Quid pro quo.
D)Sexual discrimination.
E)None because at that point she had not physically touched him in any manner.

Question 44

Regarding Roscoe's claim of sexual harassment,which of the following is a true statement?

A)Astrid's actions would be reviewed only on an objective basis,and what Roscoe subjectively thought is irrelevant.
B)He will not be able to prevail because Astrid did not require that he take any action toward her in order to receive a work-related benefit or avoid a work-related detriment.
C)Roscoe will be able to recover only if he can establish that he did not benefit through favors at work based upon Astrid's actions.
D)A recovery by Seth does not establish that Roscoe should recover because Roscoe would need to show that he subjectively found Astrid's conduct personally offensive.
E)He will recover if Seth is able to recover because their claims will be reviewed as a group.

Question 45

Is Julia entitled to be paid for time she is medically required to be off work because of her pregnancy?

A)No,courts have ruled that employers only have to pay employees for time they are medically required to be off work for pregnancy if the employee handbook provides for such payments;Julia is,therefore,not entitled to paid time off.
B)Yes,employers under Title VII must treat temporary disability caused by pregnancy the same as any other temporary disability;since Billy paid employees who were off work based upon other temporary disabilities,he should be required to pay Julia as well.
C)All employers covered by Title VII must pay employees for the time they are off work for pregnancy and for twelve weeks after delivery;It does not matter whether Julia's time off is medically required.
D)Yes,all employers covered by Title VII must pay employees half their pay for the time they are medically required to be off work for pregnancy;Julia is,therefore,entitled to at least some paid time off.
E)No,courts have ruled that while an employer cannot fire a pregnant employee based on the pregnancy,employers do not have to pay the employee for time off because pregnancy is a voluntary condition;Julia is,therefore,not entitled to paid time off.

Question 46

Which of the following statements reflects the primary purpose of the Equal Pay Act?

A)To eliminate situations in which women and also men were not paid equally for doing substantially the same job.
B)To eliminate situations in which women and men were being paid less that deserved for certain types of work.
C)To eliminate situations in which men,women,and those of a different national origin were denied overtime compensation and fair working conditions.
D)To eliminate situations in which both men and women were denied overtime compensation and fair working conditions.
E)To eliminate situations in which women,working alongside men or replacing men,would be paid lower wages for doing substantially the same job.

Question 47

Will Billy prevail if he contends that because the new rule makes being slender a job requirement for all servers,he can require Julia to take time off work?

A)Billy will lose because pursuant to the Pregnancy Discrimination Act PDA)of 1987,an employer may not force a woman to take time off work during her pregnancy.
B)If he can prove that he also requires males to be of a certain type,then that is a bona fide occupational qualification;and Billy can require that of Julia with a resulting discharge.
C)Billy will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only.
D)Billy will only prevail on a defense of bona fide occupational qualification if he can establish that he has an established history of requiring skinny servers and that he did not single out Julia.
E)Billy will only prevail on a defense of bona fide occupational qualification if he can establish that Julia was attempting to voluntarily get pregnant.

Question 48

Is Seth's statement true concerning the need for psychological counseling to prevail on a sexual harassment claim?

A)Yes,a plaintiff is only excused from showing a tangible psychological injury in a claim involving sexual harassment if the plaintiff can prove beyond a reasonable doubt that severe and pervasive harassment frequently occurred.
B)Yes,a plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless the plaintiff can show that the harassment caused the plaintiff monetary harm in the form of lost wages because of inability to work.
C)No,a plaintiff is not required to show a tangible psychological injury in order to prevail on a sexual harassment claim.
D)Yes,a plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless an independent witness can corroborate on an objective basis that sexual harassment actually occurred.
E)Yes,a plaintiff is required to show a tangible psychological injury in order to prevail on any sexual discrimination or sexual harassment claim.

Question 49

Under which exemption,if any,may an individual after age 65 be subject to termination under the Age Discrimination in Employment Act if the individual has been employed as a bona fide executive for at least two years immediately before retirement,and on retirement he or she is entitled to non-forfeitable annual retirement benefits of at least $44,000?

A)The retirement exemption
B)The executive exemption
C)The guaranteed income stream exemption
D)The forfeiture exemption
E)There is no such exemption

Question 50

Which of the following statements is false regarding the Americans with Disabilities Act?

A)Claims based on emotional or psychiatric impairments are not allowed.
B)An employer who has repeatedly violated the act may be subject to fines of up to $100,000.
C)Typical accommodations for those with mental disabilities include providing a private office,flexible work schedule,restructured job,or time off for treatment.
D)A person is covered under the law if he or she is regarded as having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
E)A person is covered under the law if he or she has a record of having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.

Question 51

Which of the following statements is true regarding whether employers may discriminate against smokers?

A)There is a federal law specifically prohibiting employers from firing employees who smoke,but it does not address the hiring of those who smoke.
B)There is no federal law prohibiting employers from firing employees who smoke although some states have laws protecting rights of smokers.
C)There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke.
D)There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke,and it also requires that employers have a designated smoking area.
E)Neither federal nor state laws prohibit employers from firing employees who smoke.

Question 52

In the text case Baldwin v.Foxx,where the plaintiff claimed he was not selected for a permanent position based on his gender and sexual orientation,the issue was whether plaintiff's claim of discrimination on the basis of sexual orientation stated a claim under Title VII.What was the result in the case?

A)The plaintiff's claim was barred because he initiated his claim more than 180 days after the alleged discrimination.
B)The plaintiff's discrimination claim was barred because he did not file a timely appeal.
C)The plaintiff's discrimination claim based on sexual orientation was not protected under Title VII.
D)The plaintiff's discrimination claim based on sexual orientation did not constitute sex discrimination under Title VII.
E)The plaintiff's discrimination claim based on sexual orientation fell within the meaning of sex discrimination under Title VII.

Question 53

[Pregnancy Peril] Julia,a server at Café Sunshine,found out she was pregnant.She was aware that Billy,her employer,had allowed employees who were ill for reasons unrelated to work to take paid time off.For example,Raul,another server,was off with pay for two months after suffering a mild heart attack,and Audrey,a cook,was off work for three months when she ran her personal watercraft into a dock and broke her leg.Julia,therefore,happily told Billy about her pregnancy.He angrily replied that as set forth in the employee handbook,pregnancy was completely voluntary;that she was not entitled to a dime when she was off work;and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight.According to Billy,being slender was a bona fide occupational qualification for all servers.He said that because the restaurant serves families,he was concerned that kids would ask embarrassing questions of their parents regarding Julia's condition.Julia was angry and threatened to sue.Billy told her,however,that he had taken a business law class back in 1980 and learned that discrimination based on pregnancy is not covered by Title VII.
Is Billy's comment correct that pregnancy-based discrimination is not covered by Title VII?

A)Whether he is correct depends on the number of employees he has.Title VII was amended in 1989 to include pregnancy within its protection,but only for employers with over 50 employees.
B)He is incorrect because Title VII was amended in 1997 to include pregnancy within its protection for all employees other than professional level employees.
C)He is correct,and pregnancy-based discrimination is not prohibited by Title VII;but it is prohibited by Title IV.
D)He is incorrect because Title VII was amended in 1987 to include pregnancy within its protection.
E)He is correct,and pregnancy-based discrimination is not prohibited by federal law.

Question 54

Regarding the status of women in Saudi Arabia,which of the following statements is false?

A)Places of employment are segregated by sex.
B)The law limits the industries in which women can be employed.
C)Women are not allowed to drive.
D)Women are forbidden to receive business licenses if they may have to interact with males or government officials.
E)Women constitute 25 percent of Saudi Arabia's workforce.

Question 55

Which of the following acts has as its goal preventing employers from discriminating against employees and applicants with disabilities?

A)The Civil Rights Act-Title VII
B)The Handicapped Americans Act
C)The Americans with Disabilities Act
D)The Disabled Citizens Act
E)The Disabled Americans Act

Question 56

Which of the following statements is true regarding discrimination based on sexual orientation?

A)There is a federal law specifically prohibiting discrimination based on sexual orientation providing back pay,attorney fees,and punitive damages as available remedies.
B)While there is no federal law specifically prohibiting discrimination based on sexual orientation,some states do have laws prohibiting discrimination based on sexual orientation.
C)There is a federal law specifically prohibiting discrimination based on sexual orientation,but it only provides for back pay as an available remedy.
D)There is no federal law specifically prohibiting discrimination based on sexual orientation,but it is considered by most courts to be included within Title VII's ban of discrimination based on gender.
E)There are no state laws specifically prohibiting discrimination based on sexual orientation nor is there any federal law providing such protection.

Question 57

The Age Discrimination in Employment Act applies to private employers having ________ or more employees.

A)30
B)20
C)15
D)40
E)50

Question 58

Which of the following is not a defense available to employers charged with age discrimination under the Age Discrimination in Employment Act?

A)The bona fide occupational qualification defense
B)The executive exemption
C)The qualified but aged defense
D)That decisions are based on reasonable factors other than age
E)The operation of a bona fide seniority system

Question 59

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act?

A)60
B)40
C)45
D)50
E)35

Question 60

Which of the following is not a situation under which men and women may be paid different wages under the Equal Pay Act?

A)When the differential is based on any factor other than sex.
B)When payment is made pursuant to a seniority system.
C)When the parties sign a waiver.
D)When payment is made pursuant to a merit system.
E)When payment is made pursuant to a system which measures earnings by quantity or quality of production.

Question 61

Federal law is considered as a[n] level of protection for all workers.

A)Equal
B)Minimu m
C)?Maximu m
D)?Greater
E)Lesser

Question 62

Will Cindy,Zeke,and Keanu be able to go directly to federal court with claims against ABC Corporation?

A)No,Cindy,Zeke,and Keanu must all first file a charge with the EEOC or with an appropriate state agency,and they will not be allowed to proceed in federal court without doing so.
B)Cindy will be able to go straight to court,but Zeke and Keanu will have to first file a charge with the EEOC or an appropriate state agency because only plaintiffs alleging coverage under the act based on a mental disability may go straight to court.
C)Yes,they will be able to do so.
D)Only Keanu must first file a charge with the EEOC or an appropriate state agency because his claim is the only claim that would involve a substantial amount of money.
E)Zeke and Keanu will be able to go straight to court;but plaintiffs alleging coverage based on a mental disability,such as Cindy,must first file a charge with the EEOC or an appropriate state agency.

Question 63

Which of the following acts prohibits employers from refusing to hire,discharging,or discriminating against employees in terms and conditions of employment on the basis of an employee's or applicant's being age 40 or older?

A)Equal Pay Act of 1963
B)Age Discrimination in Employment Act of 1967
C)Age Discrimination and Harassment Act
D)Civil Rights Act of 1964
E)Americans with Disabilities Act

Question 64

Which one of the following is not a method a business can use to protect itself from being involved in sexual harassment claims?

A)Require supervisory training
B)Implement a policy against sexual harassment
C)Create a method for conducting prompt and thorough investigation of complaints
D)Provide a mechanism for receiving complaints
E)Refuse to hire women to avoid sexual harassment claims

Question 65

Does ABC Corporation have any duty to provide Zeke with a private office?

A)No,ABC Corporation would not have to provide Zeke with a private office because the act only contemplates accommodation through the placement of additional equipment to assist those with disabilities.
B)Yes,ABC Corporation would absolutely have to provide Zeke with a private office.
C)No,ABC Corporation would not have to provide Zeke with a private office because the only accommodation mandated for those with his condition is time off for counseling.
D)No,ABC Corporation would not have to provide Zeke with a private office because he is not covered by the Americans with Disabilities Act.
E)Yes,ABC Corporation would likely be required to provide Zeke with a private office unless the accommodation requested is not reasonable and would place an undue burden on the company.

Question 66

Which of the following amended Title VII to expand the definition of sex discrimination to include discrimination based on pregnancy?

A)Equal Pay Act of 1963
B)Americans with Disabilities Act
C)Sex Discrimination Act of 1973
D)Pregnancy Discrimination Act of 1987
E)Sex Discrimination and Employment Act of 1967

Question 67

In response to a plaintiff's prima facie case of discrimination based on disparate treatment,what burden does the defendant have?

A)The defendant does not have a burden,as it is the plaintiff's duty to establish his or her case.
B)The defendant must show that the alleged "business necessity" is not a mere pretext.
C)The defendant must articulate why the policy or practice is a "business necessity."
D)The defendant must articulate a legitimate,nondiscriminatory business reason for the action.
E)The defendant must articulate a reasonable business reason for the action.

Question 68

If a company has an at-will employee,it cannot fire him or her for an illegal reason.Which of the following is not an example of an illegal reason?

A)Violation of a state constitution
B)Violation of federal law
C)Violation of a state statute
D)Violation of the company's moral code
E)Violation of public policy

Question 69

Does ABC Corporation have any duty to provide Keanu with a second elevator,assuming Keanu can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability?

A)No,ABC Corporation is not required to accommodate Keanu unless the act until his doctor certifies that he has reached maximum medical improvement and will not get any better.
B)No,ABC Corporation will likely not be required to put in the second elevator because Keanu can move his workstation,and putting in a second elevator would probably be an undue hardship on the employer.
C)No,ABC Corporation will likely not be required to put in the second elevator because under the act,an employee is not supposed to ask for any accommodation from the employer.
D)No,ABC Corporation will likely not have to put in a second elevator because it will not benefit other employees,and an employer only has to make a change to a building as an accommodation under the act if the change will benefit a substantial number of employees.
E)Yes,ABC Corporation must grant Keanu's request regardless of cost,since Keanu is covered under the act with an actual physical disability.

Question 70

Under the bona fide occupational qualified defense,can an employer discriminate on the basis of sex,religion,race,or national origin?

A)Yes,but an employer must show there were no other applicants.
B)An employer cannot discriminate on the basis of national origin.
C)Yes,but an employer must show it is the only way to achieve its goal.
D)An employer cannot discriminate on the basis of race.
E)Yes,an employer can always discriminate if it is necessary for the performance of the job.

Question 71

________ occurs when a supervisor makes a sexual demand on someone of the opposite sex and this demand is reasonably perceived by the employee as a term or condition of employment.

A)Hostile work environment
B)Unwelcome sexual advances
C)Offensive work environment
D)Workplace sexual contact
E)Quid pro quo

Question 72

What initial burden does a plaintiff have in order to state a cause of action for discrimination based on disparate impact?

A)The plaintiff must show that the alleged "business necessity" is a mere pretext.
B)The plaintiff must demonstrate a prima facie case of discrimination.
C)The plaintiff must show that the reason given by the employer is a mere pretext.
D)The plaintiff must establish statistically that a rule restricts employment for those in a protected class.
E)The plaintiff must provide specific examples of the employer's discrimination.

Question 73

Under the Pregnancy Discrimination Act of 1987,what type of disability must the employer use as a guideline when it has a pregnant employee?

A)The employer is not required to classify the pregnancy as any type of disability.
B)The employer must treat the pregnancy the same as a full disability.
C)The employer must treat the pregnancy the same as a temporary disability.
D)The employer must treat the pregnancy the same as a permanent disability.
E)The employer must treat the pregnancy the same as a temporary partial disability.

Question 74

Is Zeke covered under the Americans with Disabilities Act?

A)No,Zeke will not be covered under the act because he cannot establish that he has a documented mental disability.
B)No,Zeke would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability.
C)No,Zeke is not covered under the act because,by his own admission,he has no actual physical disability.
D)No,Zeke would not be covered under the act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the act pertaining to perceptions of disability.
E)Yes,Zeke would likely be covered under the act because he is regarded as having an impairment so long as he can establish that he is substantially limited in performing a major life activity.

Question 75

Which of the following is an exception to the at-will employment rule?

A)Breach of implied contract
B)Harassment
C)Discrimination
D)Unfair business practices
E)There are no exceptions to the at-will employment rule.

Question 76

Which of the following acts prohibits an employer from paying workers of one gender less than the wages paid to employees of the opposite gender for work that requires equal skill,effort,and responsibility?

A)Disabled Discrimination and Employment Act of 1967
B)Civil Rights Act of 1964
C)Americans with Disabilities Act
D)Sex Discrimination and Employment Act of 1967
E)Equal Pay Act of 1963

Question 77

After a charge is filed with the EEOC and the EEOC finds reasonable cause,it will first attempt to eliminate the discriminatory practice through which of the following methods?

A)Conciliation
B)Mediation
C)Litigation
D)Intervention
E)Arbitration

Question 78

[ADA Arguments] Jolene,ABC Corporation's Human Resources Manager,was encountering a rush of requests under the Americans with Disabilities Act.Cindy,a receptionist,was having a birthday and turning50.She told Jolene that,while she had not been to see a physician,she had "the blues" and needed to take every Friday off for the next few weeks to recuperate.Cindy said that while she was able to engage in her normal activities,her energy level was down.Jolene promptly denied her request on the basis that the act only applies to physical disabilities.Another employee,Zeke,asked for a private office.Jolene asked him why he needed a private office.Zeke,who had been significantly burned,replied that while nothing was physically wrong with him,he was tired of everyone treating him as if he had a disability.He said that the treatment he received from coworkers interfered with his everyday life and work activities.Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act.Finally,Keanu,who had undergone knee surgery,asked that Jolene put in another elevator near his workstation.Jolene explained that workstation could be moved nearer to the existing elevator,but Keanu told her that under the Americans with Disabilities Act,she did not have the right to dictate his workstation location to him.Nevertheless,Jolene denied his request for a second elevator,noting that no other employees needed a second elevator.Cindy,Zeke,and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
Will Cindy win on a claim under the Americans with Disabilities Act?

A)No,Cindy will lose unless she can establish that she has a personality disorder because that is the only type of mental disability covered by the act.
B)No,Cindy will lose because mental disabilities are not covered under the act.
C)No,Cindy will lose unless at least until she can establish that she has been in counseling for at least six months because that is required in order to establish a mental disability under the act.
D)Yes,Cindy will likely win because mental disabilities are covered under the act,and she had the right to ask for anything that would help her.
E)No,Cindy will likely lose because she has no proof of a mental impairment that substantially limits one or more of her major life activities.

Question 79

Which of the following acts prohibits discrimination against employees and job applicants with disabilities?

A)Equal Pay Act of 1963
B)Americans with Disabilities Act
C)Disabled Discrimination Act
D)Disabled Discrimination and Employment Act of 1967
E)Disabled Americans Act

Question 80

What was the result in the case text Everson v.Michigan Department of Corrections in which the plaintiffs alleged that gender-based assignments at female correctional facilities violate Title VII of the Civil Rights Act of 1964.

A)The correctional facility's plan was reasonable necessary because female prisoners would be more comfortable.
B)The correctional facility's plan was unreasonable because it failed to produce evidence that it was necessary.
C)The correctional facility's plan was unreasonable because it discriminated on the basis of gender.
D)The correctional facility's plan was reasonably necessary to the normal operation of its female prisons.
E)The correctional facility's plan was unreasonable because it was too drastic for a temporary problem.