Deck 19: Equal Opportunity in Employment

Question 1

The ________ is a federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation.

A)Civil Rights Act of 1968
B)Title II of GINA
C)Civil Rights Act of 1964
D)Lilly Ledbetter Fair Pay Act

Answer 1

D

Question 2

The EEOC and a complainant can jointly sue an employer who discriminated against the complainant.

Answer 2

False

Question 3

A member of a minority race applies for a promotion to a position advertised as available at his company.The minority applicant,who is qualified for the position,is rejected by the company which hires a nonminority applicant for the position.The minority applicant can sue under ________.

A)Title I of the ADA
B)Title II of the GINA
C)Title VII of the Civil Rights Act
D)the Lilly Ledbetter Fair Pay Act

Answer 3

C

Question 4

If the EEOC chooses not to bring suit,it issues a(n)________ to the complainant.

A)affirmative defense
B)right to sue letter
C)filing date
D)document of claim

Question 5

The ________ is the federal agency responsible for enforcing most federal antidiscrimination laws.

A)EEOC
B)FEPA
C)ADEA
D)BFOQ

Question 6

Which of the following best describes the scope of Title VII of the Civil Rights Act of 1964?

A)It applies to all employers irrespective of the number of employees.
B)It does not apply to labor unions.
C)It does not cover state and local governments.
D)It does not apply to Native American tribes.

Question 7

The Equal Employment Opportunity Commission (EEOC)is the federal administrative agency that is responsible for enforcing most federal antidiscrimination laws.

Question 8

Which of the following is an instance of disparate-treatment discrimination?

A)An employer does not promote Kelly,as she is only 24 years old and the employer believes she is too young to successfully perform the job.
B)Ghalib,who is fluent in English,is not hired as a writer due to his Iraqi heritage.
C)An employer refuses to install a wooden ramp to accommodate Lin,who is restricted to a wheelchair.
D)A factory hires 22-year-old Jerry over 46-year-old Barry,citing age as the reason.

Question 9

________ 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.

A)Disparate-treatment
B)Disparate-impact
C)Favored-treatment
D)Unfair-impact

Question 10

A female is hired by an employer as an employee.During a 36-month period,the employer engages in pay act violations and underpays the female employee each pay period.According to the Lilly Ledbetter Fair Pay Act of 2009,how long does the female employee have to file her claim?

A)within three years from her initial date of hire
B)within 90 days from the initial paycheck violation
C)within 180 days from the last paycheck violation
D)within one year from the last paycheck violation

Question 11

Which of the following is true of the EEOC?

A)It can seek injunctive relief.
B)Its members are elected from state legislatures.
C)Its jurisdiction is limited to charges of racial discrimination.
D)A person should file a complaint with EEOC after filing a discriminatory lawsuit against the employer.

Question 12

Which of the following is true of the right to sue letter issued by the EEOC?

A)It is issued when the EEOC chooses to bring suit.
B)It is issued when the EEOC does not find a violation.
C)It is issued when the complainant is found guilty.
D)It is issued only when the discrimination is racial in nature.

Question 13

Which of the following is true of employment discriminations defined under Title VII of the Civil Rights Act of 1964?

A)Disparate-treatment discrimination can be proven through statistical data about an employer's employment practices.
B)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.
C)Disparate-treatment discrimination occurs when an employer discriminates against an individual of a protected class.
D)Sexual harassment and refusal to hire physically challenged employees are illustrations of disparate-impact discrimination.

Question 14

________ was intended to eliminate job discrimination based on race,color,national origin,sex,and religion.

A)The Lilly Ledbetter Fair Pay Act
B)The Fair Employment Practices Act
C)Title II of the GINA
D)Title VII of the Civil Rights Act of 1964

Question 15

A complainant may file his or her employment discrimination claim with the ________ instead of the EEOC.

A)ADA
B)ADEA
C)FEPA
D)BFOQ

Question 16

The EEOC will issue a right to sue letter to the complainant even if it does not find a violation upon investigation of the charge.

Question 17

The jurisdiction of the EEOC is restricted to investigating charges of discrimination based on gender.

Question 18

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

Question 19

To claim under disparate-treatment discrimination,the complainant must prove that ________.

A)he or she is physically challenged
B)he or she was rejected due to over-qualification
C)he or she belongs to a Title VII protected class
D)he or she is covered by Title I of the ADA

Question 20

________ discrimination occurs when an employer discriminates against an entire protected class.

A)Disparate-treatment
B)Disparate-impact
C)Favored-treatment
D)Unfair-impact

Question 21

________ 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 22

Title VII of the Civil Rights Act of 1964 does not apply to labor unions.

Question 23

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 24

If an employer refuses to promote all persons of the Asian race,the company has engaged in disparate-impact discrimination.

Question 25

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 26

Explain the scope and provisions of Title VII of the Civil Rights Act of 1964.

Question 27

Based on his religion,an employee feels discriminated against by his employer.Who must he approach before filing a lawsuit against the employer? Describe the process.

Question 28

A(n)________ letter is issued by the EEOC if it chooses not to bring an action against an employer that authorizes a complainant to sue the employer for employment discrimination.

Question 29

A complainant cannot file his or her claim of discrimination with the Fair Employment Practices Agency (FEPA)instead of the EEOC.

Question 30

The members of the EEOC are appointed by the U.S.president.

Question 31

U.S.citizens employed by U.S.companies located in foreign countries are not covered by Title VII of the Civil Rights Act of 1964.

Question 32

________ is the federal statute that prohibits job discrimination based on the race,color,religion,sex,or national origin of the job applicant.

Question 33

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

Question 34

Distinguish between disparate-treatment and disparate-impact discrimination.

Question 35

A plaintiff can file a claim against an employer within 180 days of the most recent paycheck violation.

Question 36

Native American tribes and tax-exempt private clubs are expressly excluded from Title VII of the Civil Rights Act of 1964.

Question 37

________ discrimination occurs when an employer discriminates against a specific individual because of his or her race,color,national origin,sex,or religion.

Question 38

Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees.

Question 39

The ________ Act of 2009 is a federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation.

Question 40

The ________ is the federal administrative agency responsible for enforcing most federal antidiscrimination laws.

Question 41

Lila Miller,who works for a large software firm,is four months pregnant and is due for a promotion.However,her employer offers the promotion to Harry Oswald,a less-experienced candidate,as Lila would go on maternity leave soon and would be unable to perform her duties.Which of the following is true of this scenario?

A)Lila's employer is liable for quid pro quo sex discrimination.
B)Lila's employer is liable for hostile work environment sex discrimination.
C)Lila's employer was lawful in denying her the promotion.
D)Lila's employer has violated Title VII of the Civil Rights Act of 1964.

Question 42

The Civil Rights Act of 1866 is unconcerned with discrimination based on national origin.

Question 43

Using a sexually explicit picture or screensaver to mock an employee constitutes ________.

A)gender discrimination
B)quid pro quo sex discrimination
C)sexual harassment
D)physical abuse

Question 44

Which of the following is true of sexual harassment?

A)Same-sex harassment is not covered under Title VII.
B)An employee being harassed at the workplace is not obligated to report it to the employer.
C)Sending offensive e-mail is considered sexual harassment.
D)Absence of a complaint policy makes an employer liable for disparate-impact discrimination.

Question 45

If a light-skinned member of a race refuses to hire a dark-skinned member of the same race,this will constitute discrimination in violation of ________.

A)Title I of the ADA
B)Title II of the GINA
C)Title VII of the Civil Rights Act of 1964
D)Title IV of the GINA

Question 46

If a company does not hire certain employees because of their accents,it has carried out ________ discrimination.

A)genetic information
B)race
C)color
D)national origin

Question 47

QuickMoney LLC is looking to fill its chief executive officer position,as the current CEO is retiring soon.QuickMoney receives applications for this position from many persons,including Joe Thomas,an African-American.Joe is the best-qualified applicant for the job.If QuickMoney does not hire Joe because he is an African-American,the company has engaged in ________ discrimination.

A)genetic information
B)race
C)color
D)national origin

Question 48

Which of the following is true of religious discrimination?

A)Only monotheistic religions are covered under Title VII of the Civil Rights Act of 1964.
B)Employers need not accommodate religious observances or practices of their employees at the workplace.
C)An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII.
D)Religious organizations can give preference in employment to individuals of a particular religion.

Question 49

Which of the following types of employment discrimination is carried out against a person because of his or her heritage or cultural characteristics?

A)race discrimination
B)color discrimination
C)national origin discrimination
D)genetic information discrimination

Question 50

In 1978,the ________,which prohibits employment discrimination because of pregnancy,childbirth,or related medical conditions,was enacted as an amendment to Title VII of the Civil Rights Act of 1964.

A)Pregnancy Discrimination Act
B)Sex Discrimination Act
C)Gender Discrimination Act
D)Sexual Harassment Act

Question 51

Which of the following elements constitutes an affirmative defense by an employer whose employee has suffered sexual harassment at the workplace?

A)The plaintiff-employee was harassed by other employees who are no longer employed by the employer.
B)The employer had no knowledge about the sexual harassment faced by the plaintiff-employee until a court notice was served on the employer.
C)The plaintiff-employee failed to take advantage of any preventive or corrective opportunities provided by the employer.
D)The plaintiff-employee misinterpreted words or actions by the employer or his employees which were not intended to cause sexual harassment.

Question 52

There is no cap on the recovery of compensatory or punitive damages under Section 1981 of the Civil Rights Act of 1866.

Question 53

A private plaintiff can bring an action for employment discrimination under Section 1981 of the Civil Rights Act of 1866 without going through the procedural requirements of Title VII of the Civil Rights Act of 1964.

Question 54

Jason Smith,a Hispanic scriptwriter from Brazil,worked for a television show on an American cable network.He was fired after the producer learned that Smith was a Scientologist by faith.The producer's official reason for this termination was that as Smith was based in Brazil,communication was a problem.This is an example of ________ discrimination that violates Title VII of the Civil Rights Act of 1964.

A)racial
B)religious
C)national origin
D)disparate-impact

Question 55

The ________ is a federal statute enacted after the Civil War that prohibits racial and national origin employment discrimination.

Question 56

A person having origins in any of the original peoples of the Middle East belongs to the Caucasian racial group.

Question 57

The U.S.Supreme Court has held that sexual harassment that creates a hostile work environment violates ________.

A)Title VII of the Civil Rights Act of 1964
B)the Fair Employment Practices Act
C)Title II of the GINA
D)Title I of the ADA

Question 58

If a light-skinned member of a race refuses to hire a dark-skinned member of the same race,this constitutes racial discrimination.

Question 59

Which of the following is true of sex discrimination?

A)It is not the same as gender discrimination.
B)Prohibition against sex discrimination applies only to women,not men.
C)Employment discrimination because of pregnancy is sex discrimination.
D)Sex discrimination is covered by Title II of the GINA.

Question 60

Which of the following best describes quid pro quo sex discrimination?

A)employment discrimination because of pregnancy,childbirth,or related medical conditions
B)discrimination where sexual favors are requested in order to obtain a job or be promoted
C)discrimination in hiring or promotion based on the gender of the employee under consideration
D)selective or partial treatment offered to an employee or a group of employees based on their gender

Question 61

If an employer refuses to promote a qualified female to a management position because of her gender,this would be in violation of Title VII of the Civil Rights Act of 1964.

Question 62

Under Title VII of the Civil Rights Act of 1964,the right of an employee to practice his or her religion is absolute.

Question 63

Discrimination based on protected classes,other than race or color,is permitted if it is shown to be a(n)________.

Question 64

The ________ protects both sexes from pay discrimination based on sex.

Question 65

Distinguish between sex-plus discrimination and gender identity discrimination.

Question 66

The ________ is a federal statute that prohibits age discrimination practices against employees who are 40 years and older.

A)FEPA
B)OWBPA
C)ADEA
D)EEOC

Question 67

Discrimination because of pregnancy,childbirth,or related medical conditions violates the Civil Rights Act of 1866.

Question 68

When is an employer required to prove a bona fide occupational qualification? Explain with an example.

Question 69

Which of the following is true of the Equal Pay Act?

A)It protects both sexes from pay discrimination based on gender.
B)Federal workers are covered under the Equal Pay Act.
C)Employees cannot bring a private cause of action against an employer for violating the Equal Pay Act.
D)An employer who has violated the Equal Pay Act must lower the wages of employees whose wages had been increased.

Question 70

Why is proving a bona fide occupational qualification essential?

A)for justifying discrimination based on gender
B)to establish the employer's violation of Title VII of the Civil Rights Act of 1964
C)to establish that the employee's claim is fraudulent
D)for an employee to successfully claim being discriminated against by the employer

Question 71

The ________ is an amendment to Title VII of the Civil Rights Act of 1964 that forbids employment discrimination because of pregnancy,childbirth,or related medical conditions.

Question 72

An employer pays higher wages to Shelly-who has worked with the company for six years-than Samuel,who holds a similar position to Shelly and performs the same functions as her,and has worked with the company for only five and a half years.Which of the following is true of this case,assuming that the employer recognizes seniority in its compensation system?

A)The employer has violated the Fair Employment Practices Act.
B)The employer is liable for disparate-treatment discrimination.
C)The employer is liable for disparate-impact discrimination.
D)The employer has not violated the Equal Pay Act.

Question 73

________ protects both sexes from pay discrimination based on sex.

A)The Lilly Ledbetter Fair Pay Act
B)The Fair Employment Practices Act
C)Title VII of the Civil Rights Act of 1964
D)The Equal Pay Act

Question 74

The ________ is a federal statute that prohibits age discrimination regarding employee benefits.

A)FEPA
B)OWBPA
C)ADEA
D)EEOC

Question 75

Denying employment to a woman because she is pregnant is a form of quid pro quo sex discrimination.

Question 76

Title VII prohibits any form of gender discrimination where sexual favors are requested in order to obtain a job or be promoted.This is called ________ discrimination.

Question 77

Federal workers are not covered under the Equal Pay Act.

Question 78

If an employer denies a salary increase to an employee because she is a woman,the employer is liable for sexual harassment.

Question 79

The ________ imposes obligations on employers and providers of public transportation,telecommunications,and public accommodations to accommodate physically challenged individuals.

A)ADEA
B)OWBPA
C)ADA
D)FEPA

Question 80

Sex-plus discrimination occurs when an employer does not discriminate against a class as a whole but treats a subset of the class differently.