Deck 12: Employment Discrimination

Question 1

Plaintiffs can use constructive discharge to establish only discrimination claims under Title VII of the Civil Rights Act.

Answer 1

False

Question 2

The Equal Pay Act and other federal laws permit employers to engage in gender-based wage discrimination.

Answer 2

False

Question 3

Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act.

Answer 3

False

Question 4

When the harassment of co-workers creates a hostile working environment, an employee may have a cause of action against an employer.

Question 5

The right of employees to bring claims against their employer under Title VII of the Civil Rights Act as a group or class is unlimited.

Question 6

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

Question 7

An employer is not required to reasonably accommodate any individual employee's religious belief or practice.

Question 8

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

Question 9

A wage differential due to any factor violates the Equal Pay Act.

Question 10

Title VII of the Civil Rights Act prohibits unintentional discrimination.

Question 11

Sexual harassment occurs when sexual favors are demanded in return for job opportunities.

Question 12

Federal law does not prohibit employers from classifying jobs as male or female.

Question 13

There is no way for an employer to avoid liability for online harassment.

Question 14

Title VII of the Civil Rights Act applies to employers with fifteen or more employees.

Question 15

Women affected by pregnancy must be treated the same as other persons not so affected but similar in ability to work.

Question 16

Employees who leave their jobs voluntarily may still claim under Title VII that they were "constructively discharged" by their employer.

Question 17

Intentional discrimination by an employer against an employee is known as disparate-impact discrimination.

Question 18

A plaintiff who sues on the basis of disparate-treatment discrimination does not need to make out a prima facie case.

Question 19

For an employer to successfully defend against a charge of a supervisor's sexual harassment, the plaintiff-employee must have taken a tangible employment action against the supervisor.

Question 20

An employer has every right to retaliate against an employee who opposes a practice prohibited by Title VII of the Civil Rights Act.

Question 21

Discrimination against persons who have served in the military is permissible if it meets the "legitimate expectations" of the employer and employee.

Question 22

Deep Sea Fishing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of

A) ​experience.
B) ​gender.
C) ​intelligence.
D) ​skill.

Question 23

The Age Discrimination in Employment Act prohibits mandatory retirement for nonmanagerial workers.

Question 24

Gina believes that she is a victim of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with Title VII is monitored by

A) ​employees and job applicants, not an administrative agency.
B) ​employers and businesses, not an administrative agency.
C) ​the courts and Congress, not an administrative agency.
D) ​the Equal Employment Opportunity Commission.

Question 25

Resource Corporation and the Service Employees International Union are sued by plaintiffs alleging job discrimination in violation of Title VII of the Civil Rights Act. This law 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 26

Employers can legitimately refuse to accommodate the needs of persons with disabilities that substantially limit their everyday activities.

Question 27

Mitigating measures must be considered when determining whether an individual has a disability protected by the Americans with Disabilities Act.

Question 28

The Americans with Disabilities Act requires that employees with disabilities who cannot reasonably accommodate the needs of their employers are not qualified for the work.

Question 29

Under the Age Discrimination in Employment Act, a plaintiff must prove that he or she was replaced by a person of the protected class.

Question 30

State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act.

Question 31

The Americans with Disabilities Act defines persons with disabilities as persons with physical or mental impairments that cause them to suffer "undue hardship."

Question 32

Oren believes that Power Utility Corporation (PUC) has discriminated against him on the basis of race. He files a suit against PUC 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) ​PUC has no legal defenses against the claim.
C) ​discriminatory intent motivated PUC's act.
D) ​no other firm in PUC's industry has committed a discriminatory act.

Question 33

Once a plaintiff succeeds in proving discrimination, the burden shifts to the employer to justify the discriminatory practice.

Question 34

Sara believes that she was rejected for a position at Trek Travel Agency on the basis of her race. Sara files a suit against Trek under Title VII of 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 Trek.
D) ​other persons of her race hold similar positions with similar employers.

Question 35

In deciding what should be done to reasonably accommodate an individual with a disability, an employer should give primary consideration to the cost.

Question 36

The distribution of promotions and other job benefits according to a seniority system is not normally a good defense to a suit for employment discrimination.

Question 37

Under Title VII of the Civil Rights Act, most private firms are required to adopt affirmative action policies.

Question 38

In effect, military service and status is a protected class, and members of the class have a right to sue an employer for discrimination on this basis.

Question 39

Race can be a bona fide occupational qualification.

Question 40

Punitive damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act.

Question 41

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 42

Lisa brings a successful suit against her employer Metal Mold 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 43

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

A) ​practices.
B) ​procedures.
C) ​tests.
D) ​seniority system.

Question 44

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) ​fines.
D) ​an order to shutdown the employer's business.

Question 45

Fact Pattern 12-1
Craig applies for a job at Dispatch Transportation, 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 12-1.To successfully defend itself against Craig's suit, Dispatch must show that

A) ​the practice in question was justified.
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 46

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

A) ​hostile-environment harassment.
B) ​not harassment or any form of discrimination.
C) ​quid pro quo harassment.
D) ​same-gender harassment.

Question 47

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemWorks, Inc., where she is an employee. As a result, the employer demotes her. Beth can file

A) ​none of the choices.
B) ​a retaliation claim.
C) ​a constructive discharge claim.
D) ​a disparate-impact discrimination claim.

Question 48

Connor and Demi are employees of EcoCrop Corporation. Under the Equal Pay Act, EcoCrop can legitimately pay different wages on the basis of

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

Question 49

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) ​all of the employees except Emylee.
D) ​Gowan.

Question 50

Fact Pattern 12-1
Craig applies for a job at Dispatch Transportation, 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 12-1.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 51

Mary applies for a job with Northern States Oil Company. Northern States 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 52

Mechanical Engineering, Inc., may be liable for the sexual harassment of an employee if it knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by

A) ​the employee's previous employer.
B) ​a company supervisor.
C) ​a competitor.
D) ​any of the choices.

Question 53

Fact Pattern 12-2
Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC).
Refer to Fact Pattern 12-2.Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply

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

Question 54

Pipes & Plumbing Corporation is a private employer involved in an employment discrimination suit under Title VII of the Civil Rights Act. Punitive damages may be recovered only if the employer

A) ​acted with malice or reckless indifference.
B) ​can easily afford to pay the amount.
C) ​has one hundred or more employees.
D) ​consents.

Question 55

Resort Hotel 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 56

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 57

Laura is the only female employee in the maintenance department of Motor Vehicle Sales & Service Inc. Her supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is

A) ​a constructive discharge on the basis of gender discrimination.
B) ​a harassing discharge on the basis of treatment discrimination.
C) a voluntary discharge on the basis of impact discrimination.
D) ​none of the choices.

Question 58

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) ​harassment on the basis of sexual orientation.
B) ​hostile-environment harassment.
C) ​not harassment.
D) ​quid pro quo harassment.

Question 59

Gil and Hera are employees of IT Business Solutions, Inc. Under the Equal Pay Act, IT Business Solutions can legitimately pay different wages on the basis of

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

Question 60

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 no compensatory, damages.

Question 61

Solar Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school education and job performance. In a suit against Solar under Title VII of the Civil Rights Act, this is shown to have a discriminatory effect. Solar has

A) ​a seniority system defense.
B) ​a bona fide occupational qualification defense.
C) ​a business necessity defense.
D) ​no defense.

Question 62

Fact Pattern 12-2
Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC).
Refer to Fact Pattern 12-2.To succeed with an age-discrimination claim against MVMC, Lomax will have to show that

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

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. 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 of 1990. What is the issue, and what are the relevant considerations on which its resolution depends?

Question 64

Ivy is an alcoholic who has completed a supervised substance-abuse rehabilitation program. Jerold is morbidly obese. Kim has heart disease. Considered to have a disability under the Americans with Disabilities Act is

A) ​Ivy.
B) ​Jerold and Kim.
C) ​none of the choices.
D) ​all of the choices.

Question 65

Sweet Air 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 66

Small Enterprise LLC is sued by its sole employee Tomas, who alleges job discrimination in violation of the Uniformed Services Employment and Reemployment Act. This law applies to employers with at least

A) ​fifteen employees.
B) ​five employees.
C) ​ten employees.
D) ​one employee.

Question 67

Jon, a paraplegic, applies for a job as a disk jockey with KLKT, a local radio station. The station's 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 the station 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 68

Fact Pattern 12-3
Art, who has a disability, is an employee of Banquet Services, Inc. After the installation of new doors on the entrance to Banquet's hall, Art finds it nearly im-possible to enter and exit. For repeatedly failing to be on time, Banquet replaces Art with Connie, who does not have a disability.
Refer to Fact Pattern 12-3.To succeed with a claim against Banquet under the Americans with Disabilities Act, Art will have to show that

A) ​he consistently met the essential requirements of his job.
B) ​Banquet refused to make reasonable accommodation for him.
C) ​the individual who replaced him is unqualified for the position.
D) ​the doors were installed as an act of intentional discrimination.

Question 69

Ellen and Fred work on the loading dock for Grange Storage. Ellen, who has a disability, requests a transfer, which would represent an accommodation for her disability. But when an opening occurs, Grange transfers Fred on the basis of seniority. In Ellen's suit against Grange for discrimination, most likely

A) ​Fred's seniority is a good defense.
B) ​Ellen's disability is a sufficient basis for relief.
C) ​Grange's action was a business necessity.
D) ​Grange's action was a reasonable accommodation.

Question 70

Benny files a suit in a federal district court against the state of California, 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) ​Benny is immune from any defense the state might offer.
D) ​the court is immune from the request.

Question 71

Carly applies for a job at Data Applications 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 but can function with certain mitigating measures.
C) ​suffers from a disability that causes her undue hardship.
D) ​is willing to reasonably accommodate the employer's needs.

Question 72

Fact Pattern 12-3
Art, who has a disability, is an employee of Banquet Services, Inc. After the installation of new doors on the entrance to Banquet's hall, Art finds it nearly im-possible to enter and exit. For repeatedly failing to be on time, Banquet replaces Art with Connie, who does not have a disability.
Refer to Fact Pattern 12-3.To successfully defend against Art's claim, Banquet will have to show that

A) ​Art consistently failed to meet the essential requirements of his job.
B) ​Banquet cannot make changes to the doors without undue hardship.
C) ​the individual who replaced Art is qualified for the position.
D) ​the doors were not installed as an act of intentional discrimination.