Deck 7: Overview of Discrimination in Employment Law

Question 1

Matching
a. liquidated damages
b. malice
c. disparate treatment
d. nonpecuniary damages
e. injunction
f. individual disparate treatment
g. BFOQ
h. systemic disparate impact
i. Lodestar
j. mixed motives case
An amount of damages equal to lost wages and benefits.

Answer 1

a

Question 2

An employer can adopt an otherwise discriminatory employment practice if it is reasonably nec-
essary to the normal operations of that particular business.

Answer 2

True

Question 3

An employer must act with malice or with reckless indifference to the federally protected right
of an aggrieved individual, and egregious intentional discrimination must be found before puni-
tive damages are available.

Answer 3

True

Question 4

Matching
a. liquidated damages
b. malice
c. disparate treatment
d. nonpecuniary damages
e. injunction
f. individual disparate treatment
g. BFOQ
h. systemic disparate impact
i. Lodestar
j. mixed motives case
The figure derived from multiplying the number of hours that an attorney reasonably expended by a reasonable hourly rate.

Question 5

Matching
a. liquidated damages
b. malice
c. disparate treatment
d. nonpecuniary damages
e. injunction
f. individual disparate treatment
g. BFOQ
h. systemic disparate impact
i. Lodestar
j. mixed motives case
Intentional discrimination based on a person's race, color, religion, sex, national origin, age, or
disability.

Question 6

One obvious rebuttal of a plaintiff's prima facie case claim that he or she was qualified for the
position is the introduction of evidence that the plaintiff was in fact not qualified.

Question 7

The plaintiff who loses his or her job because of employment discrimination has a duty to miti-
gate damages by using reasonable diligence to seek other employment substantially equivalent
to his or her previous position.

Question 8

The theory of individual disparate treatment seeks to determine whether the employer deliber- ately treated the employee bringing a claim of intentional discrimination differently from other employees because of his or her membership in a protected class.

Question 9

Matching
a. liquidated damages
b. malice
c. disparate treatment
d. nonpecuniary damages
e. injunction
f. individual disparate treatment
g. BFOQ
h. systemic disparate impact
i. Lodestar
j. mixed motives case
Employment practices that are neutral on their face in the treatment of different groups, but which
fall more heavily on one group than another and cannot be justified by business necessity.

Question 10

An employee's inability to "fit in" with other employees is not a legitimate nondiscriminatory
reason that an employer may assert to rebut a prima facie case.

Question 11

Systemic disparate impact is also known as the adverse impact theory.

Question 12

Matching
a. liquidated damages
b. malice
c. disparate treatment
d. nonpecuniary damages
e. injunction
f. individual disparate treatment
g. BFOQ
h. systemic disparate impact
i. Lodestar
j. mixed motives case
An employer adopts an otherwise discriminatory employment practice if it is reasonably neces-
sary to the normal operations of that particular business.

Question 13

The defendant in a Title VII case must carry the initial burden in establishing a prima facie case.

Question 14

Matching
a. liquidated damages
b. malice
c. disparate treatment
d. nonpecuniary damages
e. injunction
f. individual disparate treatment
g. BFOQ
h. systemic disparate impact
i. Lodestar
j. mixed motives case
Losses for the intangible injuries of emotional harm, such as emotional pain, suffering, inconve- nience, mental anguish, loss of enjoyment of life, injury to professional standing, and injury to character and reputation.

Question 15

Matching
a. liquidated damages
b. malice
c. disparate treatment
d. nonpecuniary damages
e. injunction
f. individual disparate treatment
g. BFOQ
h. systemic disparate impact
i. Lodestar
j. mixed motives case
An order requiring violators of antidiscrimination laws to cease their discriminatory conduct and refrain from committing future violations.

Question 16

Evidence that the person hired or promoted is of the same minority or sex as that of the com-
plainant is an absolute defense in the defendant's rebuttal in supporting a nondiscriminatory jus-
tification for its employment action.

Question 17

Matching
a. liquidated damages
b. malice
c. disparate treatment
d. nonpecuniary damages
e. injunction
f. individual disparate treatment
g. BFOQ
h. systemic disparate impact
i. Lodestar
j. mixed motives case
A situation in which an employer offers both a legitimate and an illegitimate reason for its
adverse employment action.

Question 18

The two methods that may be utilized to prove a Title VII case are disparate treatment or dis- parate impact.

Question 19

Matching
a. liquidated damages
b. malice
c. disparate treatment
d. nonpecuniary damages
e. injunction
f. individual disparate treatment
g. BFOQ
h. systemic disparate impact
i. Lodestar
j. mixed motives case
An employee deliberately treated the employee bringing a claim of intentional discrimination
differently from other employees because of his or her membership in a protected class.

Question 20

Matching
a. liquidated damages
b. malice
c. disparate treatment
d. nonpecuniary damages
e. injunction
f. individual disparate treatment
g. BFOQ
h. systemic disparate impact
i. Lodestar
j. mixed motives case
Ill will, intentionally harming someone, or having no moral or legal justification for harming someone.