Deck 21: Employment Discrimination

Question 1

Which of the following is true of the employment-at-will doctrine?

A) A contract of employment for an indeterminate term is not terminable.
B) The employment-at-will doctrine places an employer in a position to treat employees arbitrarily.
C) The employment-at-will doctrine cannot be restricted by state and federal legislation or by changes in the common law.
D) The applicability of the employment-at-will doctrine is the same in every state.

Answer 1

B

Question 2

Define the employment-at-will doctrine, and describe the public policy exception to the employment-at-will doctrine.

Answer 2

The employment-at-will doctrine holds that a contract of employment for an indeterminate term is terminable at will by either the employer or the employee. It is the traditional American rule governing employer-employee relations. The public policy exception to the employment-at-will doctrine prohibits terminations that contravene established public policy. "Public policy" varies from state to state, but some of the terminations commonly deemed unlawful include dismissals based on actions "in the public interest," such as participation in environmental or consumer protection activities, and dismissals resulting from whistleblowing.
Many states have also cut away at the employment-at-will doctrine with laws that specifically prohibit the termination of employees in retaliation for such diverse activities as serving jury duty, performing military service, filing for or testifying at hearings for worker's compensation claims, whistleblowing, and refusing to take lie-detector tests. A total of 43 states accept the public policy exception.

Question 3

The Thirteenth Amendment granted former slaves all the rights and privileges of citizenship and guaranteed the equal protection of the law to all persons.

Answer 3

False

Question 4

Which of the following is the purpose of the Fourteenth Amendment?

A) It ensures that no person may be deprived of life, liberty, or property without due process of law.
B) It prohibits wage discrimination based on sex.
C) It grants former slaves all the rights and privileges of citizenship and guarantees the equal protection of the law to all persons.
D) It guarantees that all persons in the United States have the same right to make and enforce contracts and have full and equal benefit of the law.

Question 5

The Fifth Amendment states that no person may be deprived of life.

Question 6

The implied covenant of good faith and fair dealing theory holds that every employment contract, except an unwritten one, contains an implicit understanding that the parties will deal fairly with one another.

Question 7

A claim under the 1866 or 1871 Civil Rights Act cannot be added to a claim under another antidiscrimination statute.

Question 8

Which of the following is true of the Civil Rights Acts of 1866 and 1871?

A) The Civil Rights Acts of 1866 and 1871 have specific provisions for remedies.
B) A claim under the Civil Rights Acts of 1866 and 1871 cannot be added to a claim under another antidiscrimination statute.
C) The Civil Rights Acts of 1866 and 1871 are interpreted very narrowly and are applied to prohibit discrimination based only on race.
D) The Civil Rights Acts of 1866 and 1871 do not require the plaintiff to first attempt to resolve the discrimination problem through any administrative procedures.

Question 9

The Civil Rights Act of 1871 was designed to effectuate the Thirteenth Amendment and guarantees that all persons in the United States have the same right to make and enforce contracts and have full and equal benefit of the law.

Question 10

In all industrial democracies except the United States, workers are protected by law from unjust termination.

Question 11

The exception is an exception to the employment-at-will doctrine that makes it unlawful to dismiss an employee for taking certain actions in the public interest.

A) implied contract
B) public order
C) implied covenant of good faith and fair dealing
D) public policy

Question 12

Which of the following statements is true of the remedies for the Civil Rights Acts of 1866 and 1871?

A) The acts themselves have specific provisions for remedies.
B) The courts cannot award compensatory damages to the plaintiff.
C) The courts can order the defendant to pay the plaintiff's attorney's fees.
D) The courts cannot award punitive damages to penalize the defendant for wrongful conduct.

Question 13

The Civil Rights Acts of 1866 and 1871 have specific provisions for remedies.

Question 14

Which party bears the initial burden of proof in a typical Equal Pay Act case?

A) plaintiff
B) defendant
C) Fair Labor Practices Commission (FLPC)
D) National Labor Relations Board (NLRB)

Question 15

Which of the following is used by an employee to support a claim that an implied contract of continued employment was in existence?

A) an employment manual specifying grounds for termination
B) an arbitration clause guaranteeing alternative dispute resolution
C) union representation cards signed by 30 percent of employees
D) the Commerce Clause of the U.S. Constitution

Question 16

The first major civil rights act that was passed immediately after the Civil War was the Civil Rights Act of 1866.

Question 17

The Equal Pay Act of 1963 was an amendment to the Act.

A) Fair Labor Standards
B) Lilly Ledbetter Fair Pay
C) Occupational Safety and Health
D) Family and Medical Leave

Question 18

The was designed to effectuate the Thirteenth Amendment and guarantees that all persons in the United States have the same right to make and enforce contracts and have full and equal benefit of the law.

A) Equal Pay Act of 1963
B) Rehabilitation Act of 1973
C) Civil Rights Act of 1866
D) Americans with Disabilities Act of 1991

Question 19

Initially, the civil rights acts were interpreted very narrowly to prohibit discrimination based only on race.

Question 20

The Civil Rights Act of 1871 prohibits .

A) discrimination by state and local governments on the basis of race and ethnicity
B) discrimination by governments on the basis of a handicap
C) discrimination in employment on the basis of a disability
D) wage discrimination on the basis of sex

Question 21

For the purposes of the Equal Pay Act, is measured by the economic and social consequences that would result from a failure of the employee to perform the job duties in question.

A) responsibility
B) effort
C) skill
D) productivity

Question 22

of the Civil Rights Act of 1964 prohibits discrimination in hiring, firing, or other terms and conditions of employment on the basis of race, color, religion, sex, or national origin.

A) Title V
B) Title VI
C) Title VII
D) Title VIII

Question 23

Which of the following is a category under the protected classes?

A) age
B) color
C) education
D) place of residence

Question 24

cases arise when a plaintiff attempts to establish that an employer's facially neutral employment policy or practice has a discriminatory effect on a protected class.

A) Disparate treatment
B) Hostile environment
C) Disparate impact
D) Harassment

Question 25

Which of the following is true of the Civil Rights Act of 1964?

A) Employers covered by Title VII of the act should not engage in a business that affects interstate commerce.
B) The act does not impose recordkeeping and reporting requirements on covered parties.
C) If an employment discrimination charge is filed against an employer covered by the act, the employer's records regarding employment opportunities must be discarded immediately.
D) The act covers Indian tribes, private clubs, unions, and employment agencies.

Question 26

occurs when one individual is treated less favorably than another because of color, race, religion, sex, or national origin.

A) Disparate treatment
B) Torment
C) Harassment
D) Disparate impact

Question 27

For the purposes of the Equal Pay Act, refers to the physical or mental exertion needed for performance of the job.

A) acumen
B) effort
C) skill
D) responsibility

Question 28

Horizon Securities, a finance firm based in the United States, hired Charles and Katherine as front desk receptionists. Six months into the job, Charles received a raise, whereas Katherine did not. Katherine's employers justified the pay inequity on the grounds that Charles was given extra duties that justified the extra pay. What will Katherine's employers have to prove in court in order to avoid violating Katherine's right to equal pay?

Question 29

Skill refers to physical or mental exertion needed for performance of the job.

Question 30

Which of the following statutes of the Civil Rights Act of 1964 is the most common basis for lawsuits premised on employment discrimination?

A) Title V
B) Title VI
C) Title VII
D) Title VIII

Question 31

The Equal Pay Act of 1963 was an amendment to the Fair Labor Standards Act.

Question 32

The Equal Pay Act of 1963 was enacted to prevent wage discrimination based on .

A) sex within a business establishment
B) race within a business establishment
C) race and ethnicity within a business establishment
D) age and ethnicity within a business establishment

Question 33

An employer found to have violated the Equal Pay Act of 1963 can remedy the violation by reducing the higher-paid workers' wages.

Question 34

Which of the following statutory exceptions found in the Bennett Amendment to the Equal Pay Act of 1963 presents the greatest problems?

A) wage differential based on a bona fide seniority system
B) wage differential based on factors other than sex
C) wage differential based on a pay system based on quality or quantity of output
D) wage differential based on a bona fide merit system

Question 35

For the purposes of the Equal Pay Act, is defined as experience, education, training, and ability required to do the job.

A) similar working conditions
B) responsibility
C) effort
D) skill

Question 36

If a wage differential is based on a bona fide seniority system, the differential is justified, and the employer is not in violation of the Bennett Amendment to the Equal Pay Act.

Question 37

Proving an employer's unlawful discriminatory motive in disparate treatment cases is referred to as building a case.

A) quid pro quo
B) prima facie
C) pro bono
D) pro forma

Question 38

Circumstances such as greater availability of females and their willingness to work for lower wages do not constitute factors other than sex.

Question 39

Which of the following is an incorrect statement regarding the Equal Pay Act of 1963?

A) The courts have interpreted "equal" to mean exactly the same in terms of skill, effort, responsibility, and political acumen.
B) If jobs are equal in skill and working conditions but one requires greater effort whereas the other requires greater responsibility, the jobs are not equal.
C) The "similar working conditions" factor refers to safety hazards, physical surroundings, and hours of employment.
D) An employer is entitled to pay a shift premium to employees working different shifts, as long as the employer does not use sex as a basis for determining who is entitled to work the higher- paying shifts.

Question 40

The Equal Pay Act of 1963 was primarily designed to remedy the situations in which women, working alongside men or replacing men, were being paid lower wages for doing substantially the same job.

Question 41

The five protected classes under Title VII of the Civil Rights Act of 1964 are race, color, religion, sexual orientation, and personal appearance.

Question 42

Which of the following statutory defenses involves giving employees preferential treatment based on their length of service?

A) bona fide occupational qualification
B) merit claim
C) bona fide seniority system
D) mixed motives case

Question 43

Title VII of the Civil Rights Act of 1964 prohibits employers from segregating employees in a manner that would affect their employment opportunities on the basis of their race, color, religion, sex, or national origin.

Question 44

A test that requires a computer programmer to write codes in two different programming languages is .

A) content valid
B) commercially valid
C) construct valid
D) criterion-related valid

Question 45

With regard to Title VII enforcement, which of the following is true of a charge?

A) If initially filed with a local agency, the charge must be filed with the federal Equal Employment Opportunity Commission within 300 days of the discriminatory act.
B) It is a sworn statement that set out the name of the defendant but not the charging party.
C) In states that do not have Equal Employment Opportunity Commission agencies, the charge must be filed with the federal Equal Employment Opportunity Commission within 90 days of the discriminatory act.
D) It is the second step in initiation of an action under Title VII.

Question 46

Which of the following represents a valid bona fide occupational qualification (BFOQ)?

A) The management hires employees based on their race and color.
B) The customers would prefer a woman in the position.
C) The management stated that it is inconvenient to add a men's room.
D) The applicant should speak fluent English to apply for a job in the United States.

Question 47

A test of achievement orientation for a sales person is valid.

A) content
B) construct
C) commercially
D) criterion-related

Question 48

Disparate impact occurs when one individual is treated less favorably than another because of color, race, religion, sex, or national origin.

Question 49

Which of the following is true of the Pregnancy Discrimination Act (PDA)?

A) It specifies that discrimination based on pregnancy is a discrimination based on disability.
B) It says that abortions for all purposes, including saving the mother's life, should be excluded from the company's medical benefits.
C) It says that pregnancy must be treated as a gender issue.
D) It specifies that discrimination based on pregnancy is sex discrimination.

Question 50

Theological corporations, associations, and societies are allowed to discriminate in their employment practices on the basis of .

A) sex
B) religion
C) race
D) national origin

Question 51

Under the Uniform Guidelines on Employee Selection Procedures (UGESP), ability tests must be validated in accordance with standards established by the .

A) American Professional Society
B) United States Psychiatric Association
C) American Psychological Association
D) United States Entrepreneurial Association

Question 52

A bona fide seniority system is considered unlawful if the .

A) system is maintained free of any illegal discriminatory purpose
B) seniority system has its genesis in discrimination
C) seniority units follow industry practices
D) system applies equally to all persons

Question 53

Aariz is a member of a minority community in the United States. He has been living in the United States for five years and holds a U.S. citizenship. Recently, Aariz was refused a job at an auto dealership. However, they hired less-qualified American men for the job. In this scenario, Aariz can file a case of discrimination based on .

A) national origin
B) religion
C) sex
D) educational qualification

Question 54

Once the Equal Employment Opportunity Commission receives a charge, it must notify the alleged violator of the charge within days.

A) 15
B) 10
C) 25
D) 60

Question 55

With regard to pay discrimination, which of the following laws restored the policy that each paycheck gives rise to a new cause of action?

A) The Rehabilitation Act of 1973
B) The Equal Pay Act of 1963
C) The Lilly Ledbetter Fair Pay Act of 2009
D) The Age Discrimination in Employment Act of 1967

Question 56

To establish a case of discrimination based on , the plaintiff must first establish statistically that the rule disproportionately restricts employment opportunities for a protected class.

A) disparate treatment
B) disparate impact
C) hostile environment
D) harassment

Question 57

Employers covered by Title VII include those who have 15 or fewer employees.

Question 58

Title VII of the Civil Rights Act of 1964 prohibits employers from hiring, firing, or otherwise discriminating in terms and conditions of employment.

Question 59

Sally is a waitress at a popular coffee shop. Robert, her boss, has been making inappropriate sexual advances that make Sally uncomfortable. Recently, Robert threatened to fire Sally if she continued to refuse his sexual demands. Sally decides to file a sexual harassment case against her boss. In this scenario, it will be a case.

A) quid pro quo
B) prima facie
C) pro bono
D) pro forma

Question 60

What will be the Equal Employment Opportunity Commission agency's initial action if it finds a reasonable cause to believe that a discriminatory practice has occurred?

A) It will issue a warning to the violator.
B) It will file a suit against the alleged discriminator in federal district court.
C) It will fine the violator an amount determined by statute.
D) It will attempt to eliminate the discriminatory practice through conciliation.

Question 61

Which of the following statements is true of remedies available under the Age Discrimination in Employment Act of 1967?

A) Punitive damages are always awarded by the courts.
B) Compensatory damages for items such as mental distress from discrimination are not awarded by courts.
C) In a private action, a plaintiff is not allowed to recover liquidated damages.
D) If liquidated damages are not granted, the plaintiff is generally entitled to interest on the back pay.

Question 62

Which of the following is an incorrect statement regarding the Rehabilitation Act of 1973?

A) The act applies only to the federal government and employees that have contracts with the federal government.
B) The applicability of the act is unlimited.
C) The act does not require any employer to hire an unqualified individual.
D) The act requires only the hiring of an individual with a disability who, with reasonable accommodation for his or her disability, can perform the job at the minimum level of productivity that would be expected of an individual with no disability.

Question 63

The Rehabilitation Act of 1973 applies only to the federal government and employers that have contracts with the federal government.

Question 64

Which of the following is a correct statement regarding the Rehabilitation Act of 1973?

A) It narrowed the class of individuals protected against discrimination.
B) It prohibits affirmative action programs for hiring and promoting the handicapped.
C) A handicapped individual is defined as one who has a physical or mental impairment which substantially limits one or more of such person's major life activities.
D) People who are falsely regarded as having a handicap are not protected by the act.

Question 65

A trier of fact can find unlawful discrimination without additional, independent evidence of discrimination if a plaintiff establishes a prima facie case of age discrimination and provides by the employer.

A) sufficient evidence of pretext
B) evidence of "pretext plus"
C) direct evidence of discrimination
D) direct and circumstantial proof of discrimination

Question 66

Executive exemption is an exemption to the ADEA that allows mandatory retirement of executives at age .

A) 50
B) 65
C) 45
D) 55

Question 67

Describe the Rehabilitation Act of 1973 and its relationship to the Americans with Disabilities Act of 1991.

Question 68

What facts must a plaintiff establish in order to prove a prima facie case of age discrimination involving a termination? What must the defendant establish if the plaintiff's initial burden of establishing proof has been met?

Question 69

Compare and contrast the sexual harassment laws of the United States and France.

Question 70

The Age Discrimination in Employment Act of 1967 does not apply to employment agencies and to unions that have at least 25 members or operate a hiring hall.

Question 71

Which of the following is true of the Age Discrimination in Employment Act of 1967?

A) It applies to employers having 10 or more employees.
B) It does not apply to industries that affect interstate commerce.
C) It applies to unions that have a maximum of 20 members.
D) It does not apply to state employers.

Question 72

Which of the following would constitute a violation of the Age Discrimination in Employment Act of 1967?

A) an employer refusing to allow employees to drive trucks until they reach the age of 25
B) an employer laying off capable workers who have reached the age of 50 and hiring replacement workers who are under the age of 40
C) an employer paying pensions to workers who have reached the age of 65 but refusing to pay pensions to younger workers
D) an employer giving special awards to workers who have been with the company for over 20 years

Question 73

What facts must a plaintiff establish in order to build a prima facie case charging the defendant with disparate treatment in violation of Title VII of the Civil Rights Act of 1964? What must the defendant establish if the plaintiff's initial burden of establishing proof has been met? What happens to the burden of proof if the defendant establishes a legitimate defense?

Question 74

The Age Discrimination in Employment Act of 1967 protects workers from the age of or older.

A) 40
B) 72
C) 55
D) 30

Question 75

One of the forms of sexual harassment involves the creation of a hostile environment.

Question 76

Section 504 of the Rehabilitation Act of 1973 prohibits .

A) discrimination by federal departments and agencies against otherwise qualified workers because of a handicap
B) employers from refusing to hire and discharging or discriminating in terms and conditions of employment on the basis of age
C) private employers entering into contracts for property or services from discriminating against otherwise qualified workers because of a handicap
D) discrimination by parties who administer programs receiving federal assistance

Question 77

Which of the following statutory defenses available to an employer requires the employer, the defendant, to establish that he or she must hire employees of only a certain age to safely and efficiently operate the business in question?

A) after-acquired evidence of employee misconduct
B) executive exemption
C) bona fide occupational qualification
D) mixed motives case

Question 78

The Civil Rights Act of 1964 does not cover Indian tribes, private clubs, unions, and employment agencies.

Question 79

Describe the two distinct forms of sexual harassment that have been recognized by U.S. courts.

Question 80

Describe the statutory defenses that can be raised by a defendant after a plaintiff has established a prima facie case of discrimination based on disparate treatment, disparate impact, or a pattern or practice of discrimination.