Deck 36: Equal Opportunity in Employment

Question 1

Under the Lilly Ledbetter Fair Pay Act of 2009,the EEOC has the opportunity to sue the employer on the complainant's behalf.

Answer 1

True

Question 2

The Fair Employment Access Commission (FEAC)is the federal agency responsible for enforcing most federal antidiscrimination laws.

Answer 2

False

Question 3

If a state has a Fair Employment Practice Agency (FEPA),to complainant may file his or her claim with the FEPA instead of the EEOC.

Answer 3

True

Question 4

The Lilly Ledbetter Fair pay Act of 2009 affirmed the United States Supreme Court decision in Ledbetter v.Goodyear Tire & Rubber Co.,Inc.

Question 5

Under the Lilly Ledbetter Fair Pay Act of 2009,if the EEOC chooses not to bring suit against the employer on the complainant's behalf,it will issue a "right to sue" letter to the complainant.

Question 6

The members of the Equal Employment Opportunity Commission are appointed by the United States Senate.

Question 7

The Lilly Ledbetter Fair Pay Act of 2009 provides that each discriminatory pay decision "restarts" the statutory 180-day "clock."

Question 8

In Ledbetter v.Goodyear Tire & Rubber Co.,Inc.,the United States Supreme Court held that the 180-day statute of limitations for pay discrimination begins to run on the date the pay was agreed upon,not when the most recent paycheck violation occurred.

Question 9

According to the Lilly Ledbetter Fair Pay Act of 2009,a plaintiff can file a claim against an employer within 180 days of the most recent paycheck violation.

Question 10

If the EEOC finds a violation and choose not to bring suit,or does not find a violation,the EEOC will issue a right to sue letter to the complainant.

Question 11

Employment laws have been narrowly interpreted by the federal courts,particularly the United States Supreme Court.

Question 12

Under the Lilly Ledbetter Fair Pay Act of 2009,an EEOC "right to sue" letter gives the state attorney general of the state where the discriminatory pay decision occurred the right to bring suit against the employer on the complainant's behalf.

Question 13

If a person believes that he or she has been discriminated against,he or she cannot immediately file a lawsuit against the employer.

Question 14

Starting in the 1930s,the United States Congress began enacting a comprehensive set of federal laws that eliminated major forms of employment discrimination.

Question 15

Many state and local governments have adopted laws that prevent discrimination in employment.

Question 16

Since it is not a private party,the EEOC cannot seek injunctive relief.

Question 17

The Civil Rights Act provides that a rejected applicant for a job or an employee who suffers pay discrimination must file a discrimination lawsuit within three (3)years of the employer's act that causes the discrimination.

Question 18

If a person believes that he or she has been discriminated against,he or she must first file a complaint with the EEOC.

Question 19

The Equal Employment Opportunity Commission is empowered to conduct investigations,interpret the antidiscrimination statutes,encourage conciliation between employees and employers,and bring suits to enforce the law.

Question 20

The EEOC has jurisdiction to investigate charges of discrimination based on race,color,national origin,and gender; it does not,however,have jurisdiction to investigate charges of age,disability,or genetic discrimination,since laws related to those forms of discrimination were enacted after passage of Title VII of the Civil Rights Act of 1964.

Question 21

To prove a disparate impact discrimination case,the complainant must prove that (1)he or she belongs to a Title VII protected class,(2)he or she applied for and was qualified for the employment position,(3)he or she was rejected despite this,and (4)the employer kept the position open and sought applications from persons with the complainant's qualifications.

Question 22

Disparate impact discrimination occurs when an employer discriminates against an entire protected class.

Question 23

Often,disparate impact discrimination is proven through statistical data about the employer's employment practices.

Question 24

Disparate treatment discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race,color,national origin,sex,or religion.

Question 25

Title VII of the Civil Rights Act of 1964 does not apply to federal government employment.

Question 26

Title VII of the Civil Rights Act of 1964 applies to all employment agencies.

Question 27

Title VII of the Civil Rights Act of 1964 is also called the Fair Employment Practices Act.

Question 28

Foreign nationals employed in foreign countries by U.S.-controlled companies are covered by Title VII of the Civil Rights Act of 1964.

Question 29

Title VII of the Civil Rights Act of 1964 applies to state and local governments and their agencies.

Question 30

All employers in the United States are subject to the provisions of the Civil Rights Act of 1964.

Question 31

Title VII of the Civil Rights Act of 1964 prohibits two (2)major forms of employment discrimination: disparate treatment discrimination and disparate impact discrimination.

Question 32

Title VII of the Civil Rights Act of 1964 applies to all employers,regardless of the number of employees.

Question 33

The only two types of employment discrimination prohibited by Title VII of the Civil Rights Act of 1964 are hiring and firing.

Question 34

Title VII of the Civil Rights Act of 1964 applies to labor unions with ten (10)or more members.

Question 35

Title VII of the Civil Rights Act of 1964 applies to employers with ten (10)or more employees.

Question 36

United States citizens employed by U.S.-controlled companies in foreign countries are covered by Title VII of the Civil Rights Act of 1964.

Question 37

Many disparate treatment discrimination cases are brought as class-action lawsuits.

Question 38

Title VII of the Civil Rights Act of 1964 was intended to eliminate job discrimination based on the following protected classes: race,color,national origin,sex,and disability.

Question 39

Disparate impact discrimination can occur when an employer adopts a work rule that is neutral on its face,but is shown to cause an adverse effect on a protected class.

Question 40

The Equal Employment Opportunity Commission is industry-sponsored,and is comprised of equal numbers of members from management and from labor.

Question 41

The United States Supreme Court has held that sexual harassment that creates a hostile work environment violates Title VII of the Civil Rights Act of 1964.

Question 42

The Equal Employment Opportunity Commission can adjudicate employment discrimination disputes,but cannot conduct its own investigations.

Question 43

When the Civil Rights Act of 1964 was passed,it specifically protected women from being discriminated against on the basis of pregnancy.

Question 44

Title VII of the Civil Rights Act of 1964 prohibits any form of gender discrimination where sexual favors are requested in order to obtain a job or be promoted.This is called esse quam videri discrimination.

Question 45

In a Title VII action,the sum of compensatory and punitive damages is capped at different amounts of money,depending on the size of the employer.

Question 46

Race and color are separate protected classes under Title VII of the Civil Rights Act of 1964.

Question 47

In 1965,the Pregnancy Discrimination Act was enacted as an amendment to Title VII of the Civil Rights Act of 1964.

Question 48

From the perspective of Title VII,there is nothing inappropriate in asking a female job applicant if she plans on having children.

Question 49

Title VII applies to hiring and firing,but not to other aspects of employment.

Question 50

To be successful in a disparate impact case,the employer's intent to discriminate must be proven.

Question 51

Whenever an employer enforces an employment policy that discriminates against one or more protected classes,that policy will be automatically considered illegal and unenforceable.

Question 52

A policy that applies equally to members of both sexes can violate Title VII because of its overall impact on a particular gender.

Question 53

Under common law,employers could terminate an employee for any reason.

Question 54

Punitive damages are not recoverable for violations of Title VII.

Question 55

Same-sex discrimination and harassment violates Title VII.

Question 56

Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face,but is shown to cause an adverse impact on a protected class.

Question 57

To bring an action under Title VII,a private complainant must first file a complaint with the Equal Employment Opportunity Commission within one year of the alleged discrimination.

Question 58

In a Title VII case,a court can award punitive damages to the plaintiff if the employer negligently disregarded the plaintiff's federally protected rights.

Question 59

Title VII's prohibition against gender discrimination applies equally to men and women.

Question 60

If a light-skinned member of a race refuses to hire a dark-skinned member of the same race,this constitutes discrimination in violation of Title VII of the Civil Rights Act of 1964.

Question 61

The Equal Pay Act provides protection against discrimination based on sex.

Question 62

The Americans with Disabilities Act provides significant legal protections in addition to protection from employment discrimination.

Question 63

In determining whether an accommodation is "reasonable" under the Americans with Disabilities Act,an employer's size and financial resources are irrelevant.

Question 64

The Age Discrimination in Employment Act applies only to employees who are fifty years old or older.

Question 65

Under Title VII of the Civil Rights Act of 1964,employers must accommodate all religious observances of their employees.

Question 66

An employer is strictly liable for sexual harassment.

Question 67

Seniority systems are lawful if they are not the result of intentional discrimination.

Question 68

Because e-mail is usually read privately at one's desk,employers cannot inspect the contents of employee e-mail messages as a way to try to prevent sexual harassment in the workplace.

Question 69

Merely being regarded as disabled is sufficient to invoke the protections of the Americans with Disabilities Act.

Question 70

Kate is HIV positive,but shows no obvious symptoms of her disease.In spite of her disease,Kate is still physically strong,and able to perform all of her job functions.Under the Americans with Disabilities Act,Kate is nevertheless considered disabled because she is regarded as having an impairment.

Question 71

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

Question 72

A thirty-five-year-old employee who is fired because his employer incorrectly believes he is too old to do his job does not have a valid age discrimination claim under the Age Discrimination in Employment Act.

Question 73

Age is not a protected class under Title VII.

Question 74

In order to be legal,a "bona fide occupational qualification" must be both job-related and a business necessity.

Question 75

A plaintiff in a sexual harassment case will not prevail if the employer can prove that it exercised reasonable care in trying to prevent and promptly correct sexual harassment behavior,and that the plaintiff unreasonably failed to take advantage of preventive or corrective procedures made available to the plaintiff.

Question 76

Even a job advertisement that discriminates on the basis of age against any covered applicants is illegal under the Age Discrimination in Employment Act.

Question 77

Under Title VII of the Civil Rights Act of 1964,an employer is under a duty to reasonably accommodate the religious observances,practices,or beliefs of its employees if doing so does not cause an undue hardship on the employer.

Question 78

Race is considered a bona fide occupational qualification for certain positions.

Question 79

The key in determining whether the Equal Pay Act applies to two workers is if their jobs are equal and similar.

Question 80

If the Equal Pay Act of 1963 is violated,the employer must increase the wages of the employee who was discriminated against in order to remedy the discrimination.