Deck 5: Employment Discrimination, Part I: Terms Conditions of Employment

Question 1

Under the ADEA, which of the following are potentially NOT covered?

A) Forced retirement due to age
B) Hiring a younger worker over a more-qualified older worker
C) Not hiring a person with a disability
D) None of the above

Answer 1

C

Question 2

Which of the following would be considered a major life activity under the ADAAA?

A) Hearing
B) Reading
C) Walking
D) All of the above

Answer 2

D

Question 3

In Stanley v. USC, which of the following was NOT used as justification for Coach Raveling's higher salary?

A) Years of coaching experience
B) Revenue generation
C) National Championships
D) Public speaking responsibilities

Answer 3

C

Question 4

Which of the following are the two theories of liability for employment discrimination under Title VII?

A) Disparate ability and disparate treatment
B) Disparate treatment and disparate impact
C) Injunctive relief and pretext
D) Inference and pretext

Question 5

A defendant (employer) in a disparate treatment employment discrimination lawsuit must offer proof that the decision to not hire or not promote the plaintiff (employee) was justified based on which of the following reasons?

A) For some legitimate nondiscriminatory reason
B) Based on a cultural norm
C) Because of pretext
D) For prima facie reasons

Question 6

What argument would be the best argument for a fitness center which caters exclusively to females to try to justify hiring only female fitness instructors?

A) Necessary to achieve a legitimate business objective
B) Customer preference
C) Private Club Exemption
D) Safety concerns

Question 7

Under Title VII's McDonnel Douglas burden shifting framework, pretext is:

A) A sham or false reason disguising intentional discrimination
B) An LNDR
C) A prima facie case
D) None of the above

Question 8

Retaliation claims are recognized under Title IX.

Question 9

In Anderson v. Little League Baseball, the court recognized that Anderson posed a significant risk to the players due to his wheelchair.

Question 10

A BFOQ defense is available in cases of race, gender, and religion.

Question 11

The Rooney Rule mandates minority hiring in the NCAA.

Question 12

The ADEA allows for an RFOA defense to allow an employer to take an age-neutral adverse employment action against an older worker.

Question 13

Name the five protected classes under Title VII.

Question 14

In PGA Tour v. Martin, the court ruled that allowing Martin to use a cart would not fundamentally alter the game of golf and therefore was a required reasonable accommodation under the ADA. Do you agree? Why or why not?

Question 15

Explain the differences between Disparate Treatment and Disparate Impact under Title VII, and then further, explain the available defenses.