Deck 19: Business and Employees: Employment Discrimination

Question 1

Customer preference is a justification for discrimination on the basis of sex.

Answer 1

False

Question 2

McDonnell Douglas v. Green was the U.S. Supreme Court case that established the elements of proof for a disparate treatment case.

Answer 2

True

Question 3

Religious discrimination is permitted by churches when they are interviewing for a pastor.

Answer 3

True

Question 4

Under the Pregnancy Discrimination Act, employers are not prohibited from requiring pregnant employees to stop employment at a certain time during the pregnancy.

Question 5

Disparate impact cases require proof of the same elements as disparate treatment cases.

Question 6

The Civil Rights Act of 1964 was the country's first civil rights legislation.

Question 7

State antidiscrimination statutes may apply to employers with fewer than 15 employees, unlike Title VII rules.

Question 8

State agencies are covered under Title VII.

Question 9

Sexual harassment requires proof of physical contact.

Question 10

Only the hiring process is covered under Title VII.

Question 11

The Family Medical and Leave Act provides twelve weeks of paid leave in certain circumstances.

Question 12

Under the Pregnancy Discrimination Act, a mother returning to work after maternity leave cannot be demoted.

Question 13

Employers are required to make reasonable accommodations for employees' religious beliefs and practices.

Question 14

Categories protected against discrimination under Title VII include race, color, sex and sexual orientation.

Question 15

Pattern or practice of discrimination is discrimination against a group rather than a person.

Question 16

The Equal Employment Opportunity Act and the Pregnancy Discrimination Act are amendments to Title VII.

Question 17

All employers are covered under Title VII.

Question 18

An insurance company that prohibits female employees from working as estimators, but not men has discriminated by disparate treatment.

Question 19

Labor unions are exempt from Title VII.

Question 20

Disparate treatment requires proof that there was a discriminatory reason for the employment decision.

Question 21

An atmosphere of harassment can result in employer liability even if the employer is unaware of specific claims.

Question 22

Employee misconduct is a defense to discrimination charges even if the misconduct was not known at the time of the alleged discrimination.

Question 23

The Age Discrimination Act protects those who are 40 to 75 years old.

Question 24

Title VII only requires reasonable accommodation in religious discrimination cases.

Question 25

The Family Medical and Leave Act provides for a paid 12-week leave for family illness, birth, or adoption.

Question 26

The EEOC is responsible for enforcement of Title VII.

Question 27

The Civil Rights Acts of 1866 and 1870 have been repealed and can no longer be used as a basis for discrimination suits.

Question 28

Seniority and merit systems are not subject to Title VII prohibitions.

Question 29

Reasonable accommodation is required of employers when employee's religious beliefs interfere with work schedules.

Question 30

Quota programs are permissible under affirmative action.

Question 31

The ADA mandates employer expenses for reasonable accommodations for employees with disabilities.

Question 32

A right-to-sue letter is given after administrative remedies are exhausted.

Question 33

The plaintiff must show causation between the practice of the employer and the disparate impact.

Question 34

The Americans with Disabilities Act applies to all employers.

Question 35

Affirmative action programs are required under Title VII.

Question 36

Title VII remedies include back pay and punitive damages.

Question 37

Under Title VII, employers cannot use aptitude tests.

Question 38

The ADA prohibits discrimination on the basis of disability against otherwise qualified applicants.

Question 39

Title VII provisions do not apply to decisions on admitting employees as partners.

Question 40

Quid pro quo is a form of sexual harassment.

Question 41

The Family Medical and Leave Act applies to all employers.

Question 42

The only employers required to have affirmative action plans are government agencies.

Question 43

The presence of sexually suggestive e-mails on an employer's e-mail system can be the basis of a claim for atmosphere of harassment.

Question 44

"Can you lift 20 pounds without the use of that arm?" is a job interview question that violates the ADA.

Question 45

The statute of limitations for EEOC violations does not begin to run until the employee ends his or her employment.

Question 46

An employer rule prohibiting female employees from attending law school at night while allowing men to do so is an example of disparate treatment discrimination.

Question 47

The Family Medical and Leave Act applies only to women.

Question 48

"What medications are you currently taking?" is an acceptable interview question.

Question 49

Employers are vicariously liable for the sexual harassment of their employees.

Question 50

An employee's religious beliefs regarding homosexuality are not protected under Title VII.

Question 51

Lying by an employee on an employment application is a complete defense to a later charge of discrimination by that employee.

Question 52

The EU has no policies or treaties on employment discrimination topics.

Question 53

The Rehabilitation Act of 1973 requires the same reasonable accommodation standards now required under the ADA.

Question 54

An employee with a communicable disease can always be fired for that reason, to protect the health of other workers.

Question 55

Sexual orientation is not a protected class.

Question 56

Title VII discrimination provisions apply only to employers with 50 or more employees.

Question 57

An affirmative action plan is invalid unless approved by a federal district court.

Question 58

Title VII does not apply to U.S. corporations' operations in other countries.

Question 59

"Do you drink alcohol?" is a legally acceptable interview question.

Question 60

The Americans with Disabilities Act (ADA)has been called the "Emancipation Proclamation" for disabled US citizens.

Question 61

Under Title VII, an atmosphere of harassment can exist:

A)only if the employer has received complaints.
B)only if acts of quid pro quo have occurred.
C)if the employer should have known.
D)None of the above

Question 62

The right-to-sue letter is:

A)EEOC certification that administrative remedies have been exhausted.
B)issued by state agencies to allow the EEOC to become involved.
C)issued only if the EEOC agrees with the employee's charges.
D)None of the above

Question 63

Under Title VII, employers who have had an incident of sexual harassment reported to them:

A)are required to take some action to investigate the complaint.
B)can be held liable in tort for their inaction.
C)must take disciplinary action immediately.
D)Both a and b
E)None of the above

Question 64

What is required to establish a prima facie case for disparate treatment?

A)Plaintiff must belong to a minority group
B)Plaintiff must have been qualified for the job
C)A minority was not hired
D)a and b only
E)a, b, and c

Question 65

Aptitude tests:

A)were outlawed under Title VII.
B)are valid if related to job performance and do not result in a disparate impact.
C)are per se discriminatory.
D)None of the above

Question 66

A disparate impact case:

A)requires the same proof as a disparate treatment case.
B)does not apply to promotions.
C)requires proof of intent to discriminate.
D)does not apply if a reasonable rule produces the disparate impact.
E)None of the above

Question 67

The statute of limitations for an employee to file an EEOC complaint for sexual harassment is:

A)90 days.
B)180 days.
C)two years.
D)None of the above

Question 68

The Pregnancy Discrimination Act:

A)prohibits employers from requiring pregnant women to take leaves.
B)prohibits employers from cutting the pay of women who return to work after maternity leave.
C)prohibits employers from basing a promotion decision on the basis of a pregnancy or planned pregnancy.
D)All of the above

Question 69

The pattern or practice of discrimination cases:

A)requires proof of intent to discriminate.
B)places the burden of proof on the employer.
C)often involves statistical comparisons of the general population and the employer's work force.
D)None of the above

Question 70

Which statute is not an amendment to Title VII?

A)Equal Pay Act
B)Equal Employment Opportunity Act
C)Pregnancy Discrimination Act
D)All of the above are amendments to Title VII.

Question 71

Which are not subject to Title VII?

A)Employers with at least 15 year-round workers
B)Labor unions with a hiring hall
C)Labor unions with 15 or more members
D)Employment agencies
E)All of the above are subject to Title VII.

Question 72

A bona fide occupational qualification is a defense to discrimination charges if:

A)it can be established that customer preference is the basis for discrimination.
B)the job can be established as too strenuous for women.
C)it is customary for a woman to hold the job.
D)None of the above

Question 73

Seniority systems:

A)were outlawed under Title VII.
B)are violations of the Age Discrimination Act.
C)can be valid if they are not used to perpetuate past discrimination.
D)None of the above

Question 74

Under Title VII, sexual harassment complaints require proof of:

A)actual physical contact.
B)involuntary sexual acts.
C)either verbal or physical suggestions.
D)None of the above

Question 75

Which of these is not an international treaty or agreement on employment or worker rights?

A)Universal Declaration of Human Rights
B)Helsinki Final Act of 1973
C)Tripartite Declaration of Principles Concerning Multinational Enterprises
D)European Declaration on Workers' Rights and Policies

Question 76

Title VII is not applicable to:

A)professional positions.
B)merit pay systems.
C)partnership decisions.
D)None of the above

Question 77

Illustrating the importance of international laws, U.S. companies have subsidiary companies in approximately how many foreign countries?

A)75
B)50
C)35
D)20

Question 78

The Age Discrimination Act:

A)applies to employers with 20 or more employees.
B)applies to employees who are 40 to 75 years old.
C)is enforced by the EEOC.
D)All of the above

Question 79

Affirmative action programs:

A)are permitted only when the employer has a past history of discrimination.
B)must have quotas.
C)can be mandated by the EEOC.
D)None of the above

Question 80

Religious discrimination is lawful if:

A)a church is looking for a pastor.
B)the person's religion prevented them from working a certain shift.
C)the religious beliefs will interfere with effective work.
D)None of the above