Deck 10: Race and Color Discrimination

Question 1

Matching
a. mixed motives
b. workplace assessment
c. systemic disparate treatment
d. disparate treatment
e. back pay
f. Affirmative Action Plan
g. individual disparate treatment
h. bona fide seniority or merit system
i. disparate impact
j. reverse discrimination
The primary remedy for employment discrimination.

Answer 1

e

Question 2

Matching
a. mixed motives
b. workplace assessment
c. systemic disparate treatment
d. disparate treatment
e. back pay
f. Affirmative Action Plan
g. individual disparate treatment
h. bona fide seniority or merit system
i. disparate impact
j. reverse discrimination
A plan that is designed to remedy racially discriminatory practices suffered in the past by mem-
bers of certain minority groups within 120 days of the beginning of the contract.

Answer 2

f

Question 3

Matching
a. mixed motives
b. workplace assessment
c. systemic disparate treatment
d. disparate treatment
e. back pay
f. Affirmative Action Plan
g. individual disparate treatment
h. bona fide seniority or merit system
i. disparate impact
j. reverse discrimination
Employment practices which 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.

Answer 3

i

Question 4

An employer may be liable for racial harassment in the workplace.

Question 5

Matching
a. mixed motives
b. workplace assessment
c. systemic disparate treatment
d. disparate treatment
e. back pay
f. Affirmative Action Plan
g. individual disparate treatment
h. bona fide seniority or merit system
i. disparate impact
j. reverse discrimination
A type of case in which the employer has both lawful and unlawful reasons for taking the adverse
employment action.

Question 6

No claim can be made for reverse discrimination.

Question 7

Disparate impact discrimination is intentional discrimination.

Question 8

Title VII protects only minorities from discrimination.

Question 9

A bona fide seniority or merit system is a defense to a claim of race discrimination.

Question 10

Matching
a. mixed motives
b. workplace assessment
c. systemic disparate treatment
d. disparate treatment
e. back pay
f. Affirmative Action Plan
g. individual disparate treatment
h. bona fide seniority or merit system
i. disparate impact
j. reverse discrimination
Measuring the workplace for the representation of women and minorities in each of seven
employment categories, ranging from unskilled workers to management employees.

Question 11

An employer generally may not rely on the bona fide occupational qualification ("BFOQ")
defense in a race discrimination case.

Question 12

Matching
a. mixed motives
b. workplace assessment
c. systemic disparate treatment
d. disparate treatment
e. back pay
f. Affirmative Action Plan
g. individual disparate treatment
h. bona fide seniority or merit system
i. disparate impact
j. reverse discrimination
A pattern of discrimination against one general protected group.

Question 13

To prove a prima facie case of adverse impact racial discrimination, the plaintiff must demonstrate
that the employment practice adversely affects a protected group on the basis of race.

Question 14

Skin color cannot provide the basis for an employment decision, regardless of race.

Question 15

Matching
a. mixed motives
b. workplace assessment
c. systemic disparate treatment
d. disparate treatment
e. back pay
f. Affirmative Action Plan
g. individual disparate treatment
h. bona fide seniority or merit system
i. disparate impact
j. reverse discrimination
The theory that seeks to determine whether the employer 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 16

Once the plaintiff in a mixed motives case proves race was a factor in the employment decision,
the employer cannot win.

Question 17

Matching
a. mixed motives
b. workplace assessment
c. systemic disparate treatment
d. disparate treatment
e. back pay
f. Affirmative Action Plan
g. individual disparate treatment
h. bona fide seniority or merit system
i. disparate impact
j. reverse discrimination
Intentional discrimination against an individual because of his or her race.

Question 18

Abuse, threats, slurs, jokes, and epithets that are based on race may constitute unlawful harassment
if they are sufficiently severe and pervasive to affect terms or conditions of employment.

Question 19

Matching
a. mixed motives
b. workplace assessment
c. systemic disparate treatment
d. disparate treatment
e. back pay
f. Affirmative Action Plan
g. individual disparate treatment
h. bona fide seniority or merit system
i. disparate impact
j. reverse discrimination
Situations in which the employee feels discriminated against specifically because of a remedy applied by the court to redress wrongs found to have existed, or by an employer under an affir- mative action plan.

Question 20

Matching
a. mixed motives
b. workplace assessment
c. systemic disparate treatment
d. disparate treatment
e. back pay
f. Affirmative Action Plan
g. individual disparate treatment
h. bona fide seniority or merit system
i. disparate impact
j. reverse discrimination
One defense to a race discrimination case.