Deck 21: Employment Discrimination

Question 1

Which of the following is the purpose of the Fourteenth Amendment?

A)It ensures that no person may be deprived of life, liberty, or property without due process of law.
B)It prohibits wage discrimination based on sex.
C)It grants former slaves all the rights and privileges of citizenship and guarantees the equal protection of the law to all persons.
D)It guarantees that all persons in the United States have the same right to make and enforce contracts and have full and equal benefit of the law.

Answer 1

C

Question 2

Proving an employer's unlawful discriminatory motive in disparate treatment cases is referred to as ________.

A)building a quid pro quo case
B)building a prima facie case
C)building a pro bono case
D)building a pro forma case

Answer 2

B

Question 3

Which of the following statutes of the Civil Rights Act of 1964 is the most common basis for lawsuits premised on employment discrimination?

A)Title V
B)Title VI
C)Title VII
D)Title VIII

Answer 3

C

Question 4

Which of the following is true of the Civil Rights Acts of 1866 and 1871?

A)The Civil Rights Acts of 1866 and 1871 have specific provisions for remedies.
B)A claim under the Civil Rights Acts of 1866 and 1871 cannot be added to a claim under another antidiscrimination statute.
C)The Civil Rights Acts of 1866 and 1871 are interpreted very narrowly and are applied to prohibit discrimination based only on race.
D)The Civil Rights Acts of 1866 and 1871 do not require the plaintiff to first attempt to resolve the discrimination problem through any administrative procedures.

Question 5

________ occurs when one individual is treated less favorably than another because of color, race, religion, sex, or national origin.

A)Disparate treatment
B)Torment
C)Harassment
D)Disparate impact

Question 6

Which of the following statements is true of the remedies for the Civil Rights Acts of 1866 and 1871?

A)The acts themselves have specific provisions for remedies.
B)The courts cannot award compensatory damages to the plaintiff.
C)The courts can order the defendant to pay the plaintiff's attorney's fees.
D)The courts cannot award punitive damages to penalize the defendant for wrongful conduct.

Question 7

________ of the Civil Rights Act of 1964 prohibits discrimination in hiring, firing, or other terms and conditions of employment on the basis of race, color, religion, sex, or national origin.

A)Title V
B)Title VI
C)Title VII
D)Title VIII

Question 8

The ________ was designed to effectuate the Thirteenth Amendment and guarantees that all persons in the United States have the same right to make and enforce contracts and have full and equal benefit of the law.

A)Equal Pay Act of 1963
B)Rehabilitation Act of 1973
C)Civil Rights Act of 1866
D)Americans with Disabilities Act of 1991

Question 9

The Equal Pay Act of 1963 was enacted to prevent wage discrimination ________.

A)based on sex within a business establishment
B)based on race within a business establishment
C)based on race and ethnicity within a business establishment
D)based on age and ethnicity within a business establishment

Question 10

Which of the following is true of the Civil Rights Act of 1964?

A)Employers covered by Title VII of the act should not engage in a business that affects interstate commerce.
B)The act does not impose recordkeeping and reporting requirements on covered parties.
C)If an employment discrimination charge is filed against an employer covered by the act, the employer's records regarding employment opportunities must be discarded immediately.
D)The act covers Indian tribes, private clubs, unions, and employment agencies.

Question 11

To establish a case of discrimination based on ________, the plaintiff must first establish statistically that the rule disproportionately restricts employment opportunities for a protected class.

A)disparate treatment
B)disparate impact
C)hostile environment
D)harassment

Question 12

________ arise when a plaintiff attempts to establish that an employer's facially neutral employment policy or practice has a discriminatory effect on a protected class.

A)Disparate treatment cases
B)Hostile environment cases
C)Disparate impact cases
D)Harassment cases

Question 13

The Civil Rights Act of 1871 prohibits ________.

A)discrimination by state and local governments on the basis of race and ethnicity
B)discrimination by governments on the basis of a handicap
C)discrimination in employment on the basis of a disability
D)wage discrimination on the basis of sex

Question 14

Which of the following is used by an employee to support a claim that an implied contract of continued employment was in existence?

A)an employment manual specifying grounds for termination
B)an arbitration clause guaranteeing alternative dispute resolution
C)union representation cards signed by 30 percent of employees
D)the Commerce Clause of the U.S. Constitution

Question 15

________ is measured by the economic and social consequences that would result from a failure of the employee to perform the job duties in question.

A)Skill
B)Effort
C)Efficiency
D)Responsibility

Question 16

Which of the following statutory exceptions found in the Bennet Amendment to the Equal Pay Act of 1963 presents the greatest problems?

A)wage differential based on a bona fide seniority system
B)wage differential based on factors other than sex
C)wage differential based on a pay system based on quality or quantity of output
D)wage differential based on a bona fide merit system

Question 17

Which of the following is true of the employment-at-will doctrine?

A)A contract of employment for an indeterminate term is not terminable.
B)The employment-at-will doctrine places an employer in a position to treat employees arbitrarily.
C)The employment-at-will doctrine cannot be restricted by state and federal legislation or by changes in the common law.
D)The applicability of the employment-at-will doctrine is the same in every state.

Question 18

Sally is a waitress at a popular coffee shop. Robert, her boss, has been making inappropriate sexual advances that make Sally uncomfortable. Recently, Robert threatened to fire Sally if she continued to refuse his sexual demands. Sally decides to file a sexual harassment case against her boss. In this scenario, it will be a ________.

A)quid pro quo case
B)prima facie case
C)pro bono case
D)pro forma case

Question 19

The ________ is an exception to the employment-at-will doctrine that makes it unlawful to dismiss an employee for taking certain actions in the public interest.

A)implied contract exception
B)public order exception
C)implied covenant of good faith and fair dealing exception
D)public policy exception

Question 20

Which of the following is a category under the protected classes?

A)age
B)color
C)education
D)place of residence

Question 21

Executive exemption is an exemption to the ADEA that allows mandatory retirement of executives at age ________.

A)50
B)65
C)45
D)55

Question 22

Once the Equal Employment Opportunity Commission receives the charge, it must notify the alleged violator of the charge within ________.

A)15 days
B)10 days
C)25 days
D)60 days

Question 23

Under the Uniform Guidelines on Employee Selection Procedures (UGESP), ability tests must be validated in accordance with standards established by the ________.

A)American Professional Society
B)American Psychiatric Association
C)American Psychological Association
D)American Entrepreneurs Association

Question 24

Which of the following represents a valid bona fide occupational qualification (BFOQ)?

A)The management hires employees based on their race and color.
B)The customers would prefer a woman in the position.
C)The management stated that it is inconvenient to add a men's room.
D)The applicant should speak fluent English to apply for a job in the United States.

Question 25

A test that requires a computer programmer to write codes in two different programming languages is ________.

A)content valid
B)commercially valid
C)construct valid
D)criterion-related valid

Question 26

Theological corporations, associations, and societies are allowed to discriminate in their employment practices on the basis of ________.

A)sex
B)religion
C)race
D)national origin

Question 27

What will be the Equal Employment Opportunity Commission agency's initial action if it finds a reasonable cause to believe that a discriminatory practice has occurred?

A)It will issue a warning to the violator.
B)It will file a suit against the alleged discriminator in federal district court.
C)It will fine the violator an amount determined by statute.
D)It will attempt to eliminate the discriminatory practice through conciliation.

Question 28

A trier of fact can find unlawful discrimination without additional, independent evidence of discrimination if a plaintiff establishes a prima facie case of age discrimination and provides ________.

A)sufficient evidence of pretext by the employer
B)evidence of "pretext plus" by the employer
C)direct evidence of discrimination by the employer
D)direct and circumstantial proof of discrimination by the employer

Question 29

Which of the following statutory defenses involves giving employees preferential treatment based on their length of service?

A)bona fide occupational qualification
B)merit claim
C)bona fide seniority system
D)mixed motives case

Question 30

Which of the following statements is true of remedies available under the Age Discrimination in Employment Act of 1967?

A)Punitive damages are always awarded by the courts.
B)Compensatory damages for items such as mental distress from discrimination are not awarded by courts.
C)In a private action, a plaintiff is not allowed to recover liquidated damages.
D)If liquidated damages are not granted, the plaintiff is generally entitled to interest on the back pay.

Question 31

A test of achievement orientation for a sales person is ________.

A)content valid
B)construct valid
C)commercially valid
D)criterion-related valid

Question 32

Which of the following would constitute a violation of the Age Discrimination in Employment Act of 1967?

A)an employer refusing to allow employees to drive trucks until they reach the age of 25
B)an employer laying off capable workers who have reached the age of 50 and hiring younger workers
C)an employer paying pensions to workers who have reached the age of 65 but refusing to pay pensions to younger workers
D)an employer giving special awards to workers who have been with the company for over 20 years

Question 33

Which of the following is true of the Age Discrimination in Employment Act of 1967?

A)It applies to employers having 10 or more employees.
B)It does not apply to industries that affect interstate commerce.
C)It applies to unions that have a maximum of 20 members.
D)It does not apply to state employers.

Question 34

Which of the following is true of the Pregnancy Discrimination Act (PDA)?

A)It specifies that discrimination based on pregnancy is a discrimination based on disability.
B)It says that abortions for all purposes, including saving the mother's life, should be excluded from the company's medical benefits.
C)It says that pregnancy must be treated as a gender issue.
D)It specifies that discrimination based on pregnancy is sex discrimination.

Question 35

Which of the following is true of a charge?

A)If initially filed with a local agency, the charge must be filed with the federal Equal Employment Opportunity Commission within 300 days of the discriminatory act.
B)It is a sworn statement that set out the name of the defendant but not the charging party.
C)In states that do not have Equal Employment Opportunity Commission agencies, the charge must be filed with the federal Equal Employment Opportunity Commission within 90 days of the discriminatory act.
D)It is the second step in initiation of an action under Title VII.

Question 36

Which of the following statutory defenses available to an employer requires the employer, the defendant, to establish that he or she must hire employees of only a certain age to safely and efficiently operate the business in question?

A)after-acquired evidence of employee misconduct
B)executive exemption
C)bona fide occupational qualification
D)mixed motives case

Question 37

Which of the following laws restored the policy that each paycheck gives rise to a new cause of action?

A)The Rehabilitation Act of 1973
B)The Equal Pay Act of 1963
C)The Lilly Ledbetter Fair Pay Act of 2009
D)The Age Discrimination in Employment Act of 1967

Question 38

A bona fide seniority system is considered unlawful if ________.

A)the system is maintained free of any illegal discriminatory purpose
B)the seniority system has its genesis in discrimination
C)the seniority units follow industry practices
D)the system applies equally to all persons

Question 39

Anil is a member of a minority community in the U.S. He has been living in the U.S. for five years and holds a U.S. citizenship. Recently, Anil was refused a job at an auto dealership. However, they hired less-qualified American men for the job. In this scenario, Anil can file a case of discrimination based on ________.

A)national origin
B)religion
C)sex
D)educational qualification

Question 40

The Age Discrimination in Employment Act of 1967 protects workers from the age of ________.

A)40 or older
B)72 or older
C)55 or older
D)30 or older

Question 41

Reverse discrimination is ________.

A)discrimination against the major dominant group in a region or country
B)discrimination in favor of members of groups that have been previously discriminated against
C)discrimination against those individuals who file an affirmative action suit
D)discrimination in favor of members of groups that have never been discriminated against

Question 42

Carla works as a secretary at a well-known law firm. Due to a bad blood transfusion, Carla is HIV positive but not yet symptomatic. When the firm was informed of this by the health insurance officials, she was fired from her job. This scenario depicts the violation of the ________.

A)Civil Rights Act of 1991
B)Age Discrimination in Employment Act of 1967
C)Civil Rights Act of 1964
D)Americans with Disabilities Act of 1991

Question 43

Section 504 of the Rehabilitation Act of 1973 prohibits ________.

A)discrimination by federal departments and agencies against otherwise qualified workers because of a handicap
B)employers from refusing to hire and discharging or discriminating in terms and conditions of employment on the basis of age
C)private employers entering into contracts for property or services from discriminating against otherwise qualified workers because of a handicap
D)discrimination by parties who administer programs receiving federal assistance

Question 44

The Thirteenth Amendment granted former slaves all the rights and privileges of citizenship and guaranteed the equal protection of the law to all persons.

Question 45

The Civil Rights Acts of 1866 and 1871 have specific provisions for remedies.

Question 46

Ted has been working as a security guard for a finance company for the past six months. He is in his mid-forties and was a substance abuser in his twenties. During employee verification, his history as an addict came to the attention of his employer. As a result, Ted was fired. This scenario depicts the violation of the ________.

A)Americans with Disabilities Act of 1991
B)Age Discrimination in Employment Act of 1967
C)Civil Rights Act of 1964
D)Civil Rights Act of 1991

Question 47

The Civil Rights Act of 1871 was designed to effectuate the Thirteenth Amendment and guarantees that all persons in the United States have the same right to make and enforce contracts and have full and equal benefit of the law.

Question 48

The Fifth Amendment states that no person may be deprived of life.

Question 49

The Americans with Disabilities Act of 1991 requires employers to ________.

A)hire applicants with disabilities regardless of their qualifications
B)make reasonable accommodations to the known disability unless the accommodation imposes an undue burden on the employer's business
C)make special accommodations to the known disability even if the accommodation imposes an extreme burden on the employer's business
D)reject applicants with mental disabilities, even if they do not impose an extreme burden on the employer's business

Question 50

Any affirmative action plan that can withstand constitutional muster must ________.

A)use quotas or preferences
B)balance the workforce by decreasing employment of minorities
C)attempt to remedy past discrimination
D)decrease the representation of women in the workforce

Question 51

A claim under the 1866 or 1871 Civil Rights Act cannot be added to a claim under another antidiscrimination statute.

Question 52

The Equal Pay Act of 1963 was an amendment to the Fair Labor Standards Act.

Question 53

Initially, the civil rights acts were interpreted very narrowly to prohibit discrimination based only on race.

Question 54

In all industrial democracies except the United States, workers are protected by law from unjust termination.

Question 55

The first major civil rights act that was passed immediately after the Civil War was the Civil Rights Act of 1866.

Question 56

Which of the following statements is true with respect to determining a company's citizenship for the purpose of being covered by Title VII and the Age Discrimination in Employment Act of 1967?

A)No one factor is considered determinative since many factors are relevant.
B)The company's principal place of business is determinative.
C)The nationality of the controlling shareholders is determinative.
D)The nationality and location of management is determinative.

Question 57

The implied covenant of good faith and fair dealing theory holds that every employment contract, except an unwritten one, contains an implicit understanding that the parties will deal fairly with one another.

Question 58

Which of the following is an affirmative action plan?

A)decreasing the employment of the minority group
B)decreasing the representation of women in the workforce
C)increasing the employment of the majority group
D)increasing the representation of women in the workforce

Question 59

Which of the following groups of people usually raise claims for reverse discrimination?

A)Latino females
B)African American males
C)White males
D)Asian females

Question 60

Which of the following is true of the Americans with Disabilities Act of 1991?

A)It does not cover individuals with terminal cancer.
B)It covers individuals who have HIV and are symptomatic.
C)It covers individuals who have heart disease.
D)It does not cover epilepsy patients.

Question 61

Genrapay, a finance firm based in the U.S., hired Charles and Katherine as front desk receptionists. Six months into the job, Charles received a raise, whereas Katherine did not. Katherine's employers justified the pay inequity on the grounds that Charles was given extra duties that justified the extra pay. What will Katherine's employers have to prove in court in order to avoid violating Katherine's right to equal pay?

Question 62

What facts must a plaintiff establish in order to prove a prima facie case of age discrimination involving a termination? What must the defendant establish if the plaintiff's initial burden of establishing proof has been met?

Question 63

The Rehabilitation Act of 1973 applies only to the federal government and employers that have contracts with the federal government.

Question 64

The Age Discrimination in Employment Act of 1967 does not apply to employment agencies and to unions that have at least 25 members or operate a hiring hall.

Question 65

What facts must a plaintiff establish in order to build a prima facie case charging the defendant with disparate treatment in violation of Title VII of the Civil Rights Act of 1964? What must the defendant establish if the plaintiff's initial burden of establishing proof has been met? What happens to the burden of proof if the defendant establishes a legitimate defense?

Question 66

The Civil Rights Act of 1964 does not cover Indian tribes, private clubs, unions, and employment agencies.

Question 67

An employee who is currently a substance abuser and whose abuse would affect job performance is protected by the Americans with Disabilities Act of 1991.

Question 68

One of the forms of sexual harassment involves the creation of a hostile environment.

Question 69

Compare and contrast the sexual harassment laws in the U.S. and France.

Question 70

Describe the two distinct forms of sexual harassment that have been recognized by U.S. courts.

Question 71

With reference to the Americans with Disabilities Act of 1991, define the term disability, and mention the individuals covered by this act.

Question 72

Circumstances such as greater availability of females and their willingness to work for lower wages do not constitute factors other than sex.

Question 73

The Equal Pay Act of 1963 was primarily designed to remedy the situations in which women, working alongside men or replacing men, were being paid lower wages for doing substantially the same job.

Question 74

Skill refers to physical or mental exertion needed for performance of the job.

Question 75

Describe the statutory defenses that can be raised by a defendant after a plaintiff has established a prima facie case of discrimination based on disparate treatment, disparate impact, or a pattern or practice of discrimination.

Question 76

If a wage differential is based on a bona fide seniority system, the differential is justified, and the employer is not in violation of the Bennet Amendment to the Equal Pay Act.

Question 77

An employer found to have violated the Equal Pay Act of 1963 can remedy the violation by reducing the higher-paid workers' wages.