Angus,a Recent University Graduate of Scottish Descent,was Refused Employment at Barlen

Multiple Choice

Angus,a recent university graduate of Scottish descent,was refused employment at Barlen Inc.because he failed to achieve a high enough score on a valid,reliable skills test.Believing that he has been the victim of employment discrimination,Angus sues Barlen Inc.He asks the court to order Barlen Inc.to use different cutoff scores for all Scottish-descent test-takers,claiming that no one of Scottish descent had ever achieved a satisfactory score.In this scenario,can the court grant the relief Angus seeks?

A) No, because the Fair Labor Standards Act makes it an unfair employment practice for an employer to use different cutoff scores in an employment-related test on the basis of a protected trait.
B) Yes, because the Fair Labor Standards Act requires an employer to use different cutoff scores in an employment-related test on the basis of a protected trait if the effect of the test is to exclude certain groups from a certain minimum level of employment.
C) No, because the Civil Rights Act of 1991 makes it an unfair employment practice for an employer to use different cutoff scores in an employment-related test on the basis of a protected trait.
D) Yes, because the Civil Rights Act of 1991 requires an employer to use different cutoff scores in an employment-related test on the basis of a protected trait if the effect of the test is to exclude certain groups from a certain minimum level of employment.