Deck 27: Employment Discrimination

Question 1

A group of persons protected by specific laws because of its defining characteristics is a protected class .

Answer 1

True

Question 2

Sexual harassment occurs when a pattern of sexually offensive conduct permeates a workplace sufficiently to create an abusive environment.

Answer 2

True

Question 3

Under federal law, the definition of gender discrimination includes discrimination based on pregnancy.

Answer 3

True

Question 4

If an employer sued for an adverse employment action on the basis of discrimination identifies a legal reason for the action, the case is won.

Question 5

Title VII of the Civil Rights Act prohibits job discrimination against employees, not job applicants.

Question 6

Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

Question 7

Employers can refuse to promote employees based on their gender.

Question 8

Under Title VII of the Civil Rights Act, race is interpreted broadly to apply to the ancestry or ethnic characteristics of a group of persons.

Question 9

Employers can treat their employees more favorably based on the employees' religious beliefs or practices.

Question 10

Employees who leave their jobs voluntarily cannot claim that they were "constructively discharged" by the employer.

Question 11

Employers cannot treat their employees less favorably based on the employees' national origin.

Question 12

To succeed in a lawsuit for gender discrimination in the workplace, a plaintiff must show that gender was a determining factor in the employer's action.

Question 13

A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination.

Question 14

A constructive discharge does not qualify as a tangible employment action.

Question 15

State statutes sometimes provide protection for employees who are not covered under federal statutes.

Question 16

Title VII protects employees against sexual harassment in the workplace.

Question 17

The Equal Pay Act requires equal pay for male and female employees working at the same establishment, regardless of the work they do.

Question 18

In addition to intentional discrimination, Title VII of the Civil Rights Act prohibits unintentional discrimination.

Question 19

Disparate-impact discrimination occurs when a protected class is adversely affected by the practice or procedure of an employer who intended that result.

Question 20

Employers can require employees to participate in such religious activity as weekly prayer meetings.

Question 21

Compensatory damages are available in cases of intentional discrimination.

Question 22

Under the Americans with Disabilities Act, employers can legitimately refuse to accommodate the needs of persons with disabilities that substantially limit their major-life activities.

Question 23

Under the Age Discrimination in Employment Act, if an employer offers a legitimate reason for its action, an employee's case is held to be a pretext.

Question 24

Under the Americans with Disabilities Act, employers must accommodate the needs of persons with disabilities, even if doing so causes undue hardship.

Question 25

Employees' online activities cannot create a hostile working environment.

Question 26

Sara believes that she was rejected for a position at Travel Agency on the basis of her race. Sara files a suit against Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

A) she is a member of a protected class.
B) she applied and was qualified for the job in question.
C) she was rejected for a position by the employer.
D) other persons of her race hold similar positions with similar employers.

Question 27

Punitive damages may be recovered in a case of discrimination against a private employer if it acted with malice.

Question 28

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of

A) experience.
B) gender.
C) merit.
D) skill.

Question 29

Race can never be a bona fide occupational qualification.

Question 30

The Age Discrimination in Employment Act prohibits employment discrimination on the basis of age against individuals up to forty years of age.

Question 31

The Age Discrimination in Employment Act extends to federal government employees.

Question 32

Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

A) he is a member of a protected class.
B) the employer has no legal defenses against the claim.
C) discriminatory intent motivated the employer's act.
D) no other firm in the industry has committed a discriminatory act.

Question 33

State employers can be immune from private suits brought by employees under the Age Discrimination in Employment Act.

Question 34

A business necessity is a defense against discrimination based on genuine requirements of a business.

Question 35

The Americans with Disabilities Act permits employers to take adverse employment actions based on assumptions about individuals who associate with people who have disabilities.

Question 36

Compliance with Title VII of the Civil Rights Act is monitored by

A) a protected class.
B) businesses affected by interstate commerce.
C) state and local governing agencies.
D) the Equal Employment Opportunity Commission.

Question 37

Title VII of the Civil Rights Act applies to employers and labor unions with at least

A) fifteen employees or members.
B) five employees or members.
C) ten employees or members.
D) one employee or member.

Question 38

Under the Age Discrimination in Employment Act, the plaintiff must show that the unlawful discrimination was only one of the reasons for an adverse employment action.

Question 39

The Americans with Disabilities Act defines disability to include a physical or mental impairment that causes "undue hardship."

Question 40

Under the Americans with Disabilities Act, employees with disabilities must reasonably accommodate the needs of their employers.

Question 41

Emily, an employee of Farm Supplies, Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by

A) none of the employees.
B) Emily.
C) Emily's co-workers.
D) Gowan.

Question 42

Electric Corporation is a private employer involved in an employment discrimination suit under Title VII of the Civil Rights Act. Punitive damages may be recovered against the employer

A) if it acted with reckless indifference to an individual's rights.
B) if it can easily afford to pay the amount.
C) if it has one hundred or more employees.
D) under no circumstances.

Question 43

Ruth is a supervisor for Subs, a restaurant. Tim is a Subs employee. The owner announces that some employees will be discharged. Ruth tells Tim that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

A) employer retaliation.
B) hostile-environment harassment.
C) legal conduct.
D) quid pro quo harassment.

Question 44

Fact Pattern 27-2 Kyla replaces Lomax in his job at Motor City Corporation.
Refer to Fact Pattern 27-2. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply

A) Kyla must be forty years of age or younger .
B) Motor must have been in business for at least forty years.
C) Lomax must be forty years of age or older .
D) Lomax must have been Motor's employee for at least forty years.

Question 45

Inez files an employment discrimination suit against Jiffy Delivery Service, Inc., under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes

A) imprisonment.
B) reinstatement.
C) temporary suspension of business operations.
D) an order to shutdown the employer's business.

Question 46

Beth complains about the pervasiveness of sexual harassment toward employees at ChemWorks, Inc., where she is also an employee. As a result, the employer demotes her. Beth can file

A) an implied contract claim.
B) a retaliation claim.
C) a constructive discharge claim.
D) a disparate-impact discrimination claim.

Question 47

Mary applies for a job with Northern Oil Company. Northern does not hire her because of her ethnicity, or national origin. This is

A) a constructive discharge.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

Question 48

Rachel, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on

A) age.
B) disability.
C) gender.
D) race.

Question 49

Fact Pattern 27-1 Craig applies for a job at Dispatch Transport, Inc., for which he is well qualified. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Craig is rejected. Dispatch continues to seek applicants.
Refer to Fact Pattern 27-1. Craig files a suit against Dispatch under Title VII of the Civil Rights Act, claiming discrimination. To support this claim, Craig must show that he is a member of

A) a protected class.
B) a majority group.
C) an employers' association.
D) a union.

Question 50

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor, motivated by gender bias, teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely

A) a constructive discharge.
B) employer retaliation.
C) a voluntary quit.
D) quid pro quo harassment.

Question 51

Holly files an employment discrimination suit against Industrial Corporation under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, she must show that as a member of a protected class, she was adversely affected by the employer's

A) practices or procedures.
B) disparate engagement.
C) business necessity.
D) bonafide occupational qualification.

Question 52

Gil and Hera are employees of IT Business Solutions, Inc. IT Business Solutions violates the Equal Pay Act if it pays different wages on the basis of

A) merit.
B) job descriptions.
C) substantial equality of skill, effort, and responsibility.
D) gender.

Question 53

Jason, a manager at Mechanical Engineering, Inc., repeatedly sends Brenda sexually charged emails, texts, and social media posts. Brenda is forced to avoid Jason which interferes with her work. Jason has likely committed

A) hostile work environment harassment.
B) disparate impact harassment.
C) quid pro quo harassment.
D) no illegal harassment because the activities occurred online.

Question 54

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of

A) preserving a disparate impact.
B) race.
C) the primary duties of the jobs.
D) gender.

Question 55

Lisa brings a successful suit against her employer Mold & Die Corporation for employment discrimination. Lisa may be awarded

A) back pay, but not retroactive promotions.
B) retroactive promotions, but not back pay.
C) damages, but not back pay.
D) back pay, retroactive promotions, and damages.

Question 56

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover

A) an unlimited amount of compensatory and punitive damages.
B) a limited amount of compensatory and punitive damages.
C) compensatory, but not punitive damages.
D) punitive, but not compensatory, damages.

Question 57

Nell, a member of a protected class, applies for a job with Origami Paper Corporation, but fails the company's employment test and is not hired. Nell believes that the test has an unintentionally discriminatory effect. If so, this is

A) a constructive discharge.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

Question 58

Mena, a female, and Neil, a male, are employees of Operation Business Corporation. Mena regularly e-mails sexually explicit images to Neal via Operation's network. Neil finds this offensive. This is most likely

A) hostile work environment harassment.
B) online procedure harassment.
C) quid pro quo harassment.
D) a constructive discharge.

Question 59

Resort Company replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is

A) deserving of higher pay than the individual who replaced her.
B) generally more dependable than the individual who replaced her.
C) older than the person who replaced her.
D) qualified for the position.

Question 60

Fact Pattern 27-1 Craig applies for a job at Dispatch Transport, Inc., for which he is well qualified. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Craig is rejected. Dispatch continues to seek applicants.
Refer to Fact Pattern 27-1. To successfully defend itself against Craig's suit, Dispatch must show that

A) the practice in question was justified on legally permissible grounds.
B) the employer feared it would be sued if it used the test results.
C) any discriminatory effect was unintended.
D) statistically the practice in question is discriminatory in effect.

Question 61

Sweet Air Filtration Products Company, a major supplier of air filters sold throughout the United States, employs one hundred workers at its principal manufacturing plant. The plant is located in Thunder Bay, which has a population that is 50 percent white and 25 percent African American, with the balance Hispanic American, Asian American, and others. Sweet Air requires a high school diploma as a condition of employment for its cleaning crew. Three-fourths of the white population completed high school, compared with only one-fourth of those in the minority groups. Sweet Air has an all-white cleaning crew. Has Sweet Air violated the Civil Rights Act? Explain.

Question 62

Benny files a suit against the state of Colorado, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

A) the state is immune from the suit.
B) the suit can proceed.
C) the plaintiff is immune from any defense.
D) the court is immune from the request.

Question 63

Veronica is a repairperson for Wind Power Company. The job requires traveling to remote areas to make repairs to windmills, transmission towers, and power stations under any conditions.  Veronica has had the job longer than other employees. Veronica applies for a promotion to a supervisory position that requires constant communication with others in the field. Wind Power rejects the application on the ground that Veronica is hearing impaired and she has requested a sign interpreter as an accommodation. Wind Power acknowledges that Veronica is otherwise qualified, but asserts that it "needs someone who does not have a hearing problem." Veronica files a suit against Wind Power under the Americans with Disabilities Act. What is the issue, and what are the relevant considerations on which its resolution depends?

Question 64

Carly applies for a job at Data Stats LLC for which she is qualified, but for which she is rejected. The employer continues to seek applicants and eventually fills the position. To succeed in a suit against Data for discrimination under the Americans with Disabilities Act, Carly must show that she

A) was not hired solely because of a disability.
B) has a disability that does not limit any major-life activity.
C) suffers from a disability that causes her undue hardship.
D) is willing to reasonably accommodate the employer's needs.

Question 65

Refer to Fact Pattern 27-3.  To successfully defend against Artur's claim, Banquet will have to show that

A) Artur consistently failed to meet the essential requirements of his job after the new doors were installed .
B) Banquet cannot make changes to the doors without undue hardship.
C) Carter is qualified for Artur's position.
D) the doors were not installed as an act of intentional discrimination.

Question 66

Jon, a paraplegic, applies for a job as a disk jockey with KLKT, a local radio station. The manager says, "You meet all our requirements. But we need someone who can move around the broadcast studio without accommodation." Most likely, Jon could recover from KLKT under

A) no federal law.
B) Title VII of the Civil Rights Act.
C) the Age Discrimination in Employment Act.
D) the Americans with Disabilities Act.

Question 67

Female Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under Title VII of the Civil Rights Act, the club most likely has

A) a prima facie case.
B) a bona fide occupational qualification defense.
C) a business necessity defense.
D) immunity.

Question 68

Fact Pattern 27-2 Kyla replaces Lomax in his job at Motor City Corporation.
Refer to Fact Pattern 27-2. To succeed with an age-discrimination claim against Motor, Lomax will have to show among other things that

A) Kyla is not qualified for Lomax's job.
B) Lomax is qualified for his job.
C) Motor's qualifications for Lomax's job are too high.
D) no one could do Lomax's job as well as he could.

Question 69

The Americans with Disabilities Act applies to workplaces with at least

A) fifteen workers.
B) five workers.
C) ten workers.
D) one worker.

Question 70

Fact Pattern 27-3 Artur, who has a disability, is an employee of Banquet Services, Inc. After the installation of new doors on the entrance to Banquet's hall, Artur finds it nearly impossible to enter and exit. For repeatedly failing to be on time, Banquet replaces Artur with Carter, who does not have a disability.
Refer to Fact Pattern 27-3.  To succeed with a claim against Banquet under the Americans with Disabilities Act, Artur will have to show that

A) Artur has received good performance evaluations in the past.
B) Artur is otherwise qualified for the employment in question.
C) Carter is unqualified for Artur's position.
D) the doors were installed as an act of intentional discrimination.

Question 71

Hydro Corporation requires its employees to have a high school diploma. In a suit against Hydro under the Title VII of the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is

A) a prima facie case.
B) a bona fide occupational qualification defense.
C) a business necessity defense.
D) disparate-impact discrimination.

Question 72

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is

A) only Ivy.
B) Ivy, Jerold, and Kim.
C) only Ivy and Jerold.
D) only Ivy and Kim.