Deck 12: Employment Discrimination

Question 1

Most employers are not subject to affirmative action requirements.

Answer 1

True

Question 2

Race discrimination directed at white employees violates Title VII if the employer's acts were motivated by race.

Answer 2

True

Question 3

Stephen is 40 years old and has applied for a job at a large computer game development company.He is told that he is "over the hill" and not eligible for employment at that company.Stephen does not have a valid age discrimination suit under the Age Discrimination in Employment Act because the act applies only to those already employed,not to applicants in the hiring process.

Answer 3

False

Question 4

An employer's reasonable belief,after its own investigation,does not meet the burden of proving that the employer had a legitimate,nondiscriminatory reason for his firing.

Question 5

Once an employee has established that she or he has a covered disability,the Americans with Disabilities Act requires that the employer make reasonable accommodations that will allow the employee to perform the essential functions of the job.

Question 6

Mixed motives discrimination is analyzed using the standard.

Question 7

A standard that is applied to all employees or candidates for employment equally but nevertheless is shown to be discriminatory is called a standard.

Question 8

Bella suspects that she was turned down for a job as a server at Hooters because she is 40 pounds overweight.She may contact the EEOC,which will investigate her case based on a Title VII violation.

Question 9

In Oncale v.Sundowner Offshore Services,Inc.,the U.S.Supreme Court determined that same-sex harassment is a legitimate issue covered and actionable under Title VII.

Question 10

An employee has filed a claim of discrimination with the EEOC.If the EEOC investigates and determines that it will not follow through with a lawsuit representing the employee,the employee has no recourse and cannot file a private lawsuit.

Question 11

The mandate given to the Equal Employment Opportunity Commission is that the commission is required to pursue any discrimination-based claims made by aggrieved employees.

Question 12

Disparate impact is analyzed using the standard.

Question 13

The Americans with Disabilities Act does not require an employer to provide accommodations that constitute a(n) on the employer.

Question 14

A disability,as defined in the Americans with Disabilities Act,is an impairment that significantly limits a person's ability to participate in a activity.

Question 15

Disparate treatment is analyzed using the standard.

Question 16

After the plaintiff has proved his or her prima facie case of disparate treatment,if the employer provides a false reason for its discriminatory actions,this is called a .

Question 17

Race,religion,color,gender,and national origin are examples of .

Question 18

Miro is Kalani's employer.Miro tells her that she will not get a raise or promotion unless she has sex with him.Miro has committed sexual harassment.

Question 19

Disciplinary actions rarely give rise to employment discrimination claims.

Question 20

Following an investigation by the EEOC,should discrimination be found,the next step for the agency is to begin .

Question 21

Federal laws concerning discrimination expressly preempt state laws and prohibit states from imposing additional obligations and legal responsibilities on employers not covered under the federal statutes.

Question 22

A person must exhibit some sort of distinctive physical characteristic,obvious to a neutral observer,in order to be considered disabled.

Question 23

Emmanuelle has been the subject of intense and continuous hostile environment sexual harassment over a period of months.If she quits before filing a complaint with the EEOC,she forfeits the right to file the complaint and seek damages.

Question 24

The Equal Pay Act was written to prohibit racial discrimination in pay.

Question 25

After conducting an investigation of a discrimination claim,if discrimination is found,the EEOC may immediately file suit on behalf of the aggrieved employee.

Question 26

Affirmative action programs are designed to remedy an actual past practice of discrimination.

Question 27

Every time Trevon passes Sasha in the office he rubs against her.Sometimes he walks up behind her and massages her shoulders even though she has told him not to.Lately he's been pinching her butt when no one is watching.Trevon is committing quid pro quo sexual harassment.

Question 28

Affirmative action sets and requires quotas in order to meet racial and sexual equality.

Question 29

State and local affirmative action plans in regard to race- or gender-based preferences in the hiring of government contractors are subject to strict scrutiny.

Question 30

Intent to discriminate must be proved for a disparate impact case to be successful.

Question 31

A plaintiff need not be in a minority within a protected class to be covered under Title VII.

Question 32

The Equal Employment Opportunity Commission enjoys rulemaking as well as enforcement powers.

Question 33

If the plaintiff proves her or his prima facie case under the McDonnell Douglas standard,the burden of proof shifts to the defendant to evidence a legitimate and nondiscriminatory reason for the discriminatory action.

Question 34

The Americans with Disabilities Act defines a disability as being a physical impairment and does not include or protect employees regarding mental impairments.

Question 35

The most common form of sexual harassment is quid pro quo harassment.

Question 36

It may not be discriminatory to require that persons in a protected class,in certain instances,be afforded special rights.

Question 37

Under the Age Discrimination in Employment Act,substantially younger is not defined,but many courts follow the general rule that the age difference must be 10 years in order to qualify as substantially younger.

Question 38

Under the Age Discrimination in Employment Act,to maintain a valid claim,the replacement employee must be substantially younger than the terminated employee and must be a member of a recognized protected class.

Question 39

A successful Age Discrimination in Employment Act suit requires that the plaintiff affirmatively prove that age was the direct reason for the adverse employment action suffered.

Question 40

Disparate impact claims under the Age Discrimination in Employment Act do not require that the employer prove a business necessity in order to defend its actions.

Question 41

An employee must file charges of illegal discrimination with the EEOC generally within days of the adverse job action.

A) 90
B) 120
C) 180
D) 365

Question 42

Which of the following is not a protected class under the original Civil Rights Act of 1964?

A) gender
B) age
C) race
D) national origin

Question 43

When the Age Discrimination in Employment Act is being applied,the substantially younger test generally says that the younger employee must be at least years younger than the terminated employee claiming discrimination.

A) three
B) five
C) eight
D) ten

Question 44

Title VII applies to private sector employers with
A) 10 employees or more.

A) 20 employees or more.
B) 15 employees or more.
D) 25 employees or more.

Question 45

The EEOC is a -member commission.

A) 5
B) 10
C) 15
D) 20

Question 46

Which of the following inclusions in an employment advertisement would likely not be considered discriminatory?
A) High school graduation required.

A) Young persons wanted.
B) Seeking recent college graduates.
D) Stewardesses needed.

Question 47

The Americans with Disabilities Act applies to employers with employees.

A) 10 or more
B) 15 or more
C) 20 or more
D) 25 or more

Question 48

Which of the following is a neutral requirement that is likely to result in disparate impact?
A) A physical-strength test must be passed.

A) Only females are required.
B) One year of prior experience is required.
D) Only Americans are required.

Question 49

In Diaz v.Pan Am World Airways,Inc.,the plaintiff was denied a job as a flight attendant because the airline had a policy of hiring only women as flight attendants.The court held that

A) because the airline proved women were better in certain aspects of the job, gender was a bona fide qualification for the position.
B) because customer and employee preference was so high, gender was a bona fide qualification for the position.
C) customer preference did not make gender a bona fide qualification for the position.
D) hiring men as flight attendants would lead to sexual harassment.

Question 50

Angel is Hispanic and has applied for a job at Buckets Inc.Buckets Inc.has a workforce that is 45 percent Hispanic,35 percent black,and 20 percent white.This closely approximates the workforce available to Buckets.Angel is turned down for the job and is told that Buckets has too many Hispanics,so he couldn't be hired.He is a victim of
A) affirmative action.

A) mixed motives discrimination.
B) disparate treatment.
D) disparate impact.

Question 51

Which of the following would likely not be considered a major life activity supporting a disability claim?
A) Being able to sit for long periods.

A) Proficiency in typing.
B) Thinking and reasoning.
D) Speaking.

Question 52

The business necessity defense is a defense to
A) disparate treatment cases.

A) unequal pay cases.
B) sexual harassment cases.
D) disparate impact cases.

Question 53

Martina and Dryson have applied for teaching positions in your school's accounting department.Martina is a recent graduate with her PhD in accounting and one published paper.She has no teaching experience except for classes taught as a teaching assistant during her PhD program.Dryson also has a PhD in accounting and has been teaching for five years at a major university.He has eight published papers.Both are hired as tenure track assistant professors and assigned two 101 courses and one 102 course.When Martina later discovers that Dryson's salary is $10,000 higher than hers,she is furious and files suit under the Equal Pay Act.Will she be successful?

A) Yes, she is being paid less to do the exact same job that her male counterpart is doing, so she does have a valid cause of action.
B) Yes, Dryson's additional experience cannot be considered under the Equal Pay Act.
C) No, Martina does not have a valid cause of action because she is not a minority eligible for EPA protections.
D) No, Martina does not have a valid cause of action because Dryson is being paid a different salary based on factors other than sex.

Question 54

Your school's football coach has just been fired.When the athletic director informs him of the termination,he tells the coach that although he has had recent winning seasons,the inability to make it into postseason play and his inability to groom players for the pros has weighed prominently in the decision.The coach is also told that his recruiting has not been effective and that his fund-raising has been disappointing.The athletic director then tells him that his pretty-boy image makes him look too effeminate,he dresses like a nerd,and he doesn't portray the proper image of a head football coach desired by the school.The coach's best theory for pursuing a discrimination lawsuit is
A) disparate impact discrimination.

A) disparate treatment discrimination.
B) mixed motives discrimination.
D) pretextual discrimination.

Question 55

In Samson v.Federal Express Corporation,Samson sued Federal Express under the ADA,claiming his job offer as a technician was withdrawn solely because he had failed his DOT medical examination because he had diabetes - a disqualifier for operating a motor vehicle in interstate commerce.What was the appellate court's ruling?

A) The trial court's ruling in favor of the employer was reversed because there was a genuine issue of fact as to whether test-driving was truly "essential" to the job of technician and remanded the case to a jury trial.
B) The appellate court affirmed the dismissal of the case because test-driving was an essential job function.
C) The appellate court granted judgment in favor of Samson because test-driving was not a BFOQ.
D) The trial court's ruling in favor of the employer was affirmed because test-driving is not a major life activity.

Question 56

Alessia has refereed high school and women's college soccer for 10 years.She is fit,knows the rules without question,and has always received excellent evaluations.When she applies to referee men's college games,the men's college referee administrator tells her that he can't use her because women won't get the players' respect and because the game looks more serious and acceptable with men refereeing.Alessia is the victim of
A) disparate impact discrimination.

A) disparate treatment discrimination.
B) mixed motives discrimination.
D) pretextual discrimination.

Question 57

Torrin,a city policeman,is featured as Mr.August in the police charity calendar wearing only a pair of Speedos and a smile.Charlie is a fellow cop and a homosexual.Every opportunity that he has,Charlie brushes up against Torrin and asks if Torrin has ever been with a man.Charlie buys Torrin gifts and leaves them by Torrin's locker.Torrin throws the gifts away immediately.Torrin has asked Charlie to stop,but Charlie just laughs and says,"I'll get you someday." Torrin is and has always been a heterosexual.Torrin has complained to his superiors pursuant to department policy,but they claim it's just horseplay and not serious.If Torrin files a complaint with the EEOC

A) he has a valid case based on hostile work environment harassment.
B) he has a valid case based on quid pro quo harassment.
C) he does not have a case because same-gender harassment does not give rise to a valid cause of action.
D) he does not have a case because Charlie's actions are not severe enough to constitute sexual harassment.

Question 58

The Equal Employment Opportunity Commission was created by

A) the Civil Rights Act of 1964.
B) the Americans with Disabilities Act.
C) the Lilly Ledbetter Fair Pay Act.
D) Executive Order 11246 creating affirmative action.

Question 59

John and Amelia work for Dover Farm and Home Company.John and Amelia are caught one day stealing a tractor.The next day,John was given a verbal warning and Amelia was terminated.

A) Amelia has a claim for discrimination based on gender discrimination.
B) If the company has a written policy providing for termination for theft, Amelia does not have a claim for discrimination based on gender discrimination.
C) Amelia does not have a claim for discrimination based on gender discrimination if John has less seniority.
D) Amelia does not have a claim for gender discrimination if she is paid more than John.

Question 60

Viro and Winona are both tenured associate professors in a school's English Department.Winona is constantly asking Viro out on dates,which he always refuses.He has asked her to stop.Furthermore,Winona is always making provocative comments to him,telling dirty jokes,and asking him about his preferences in women,which embarrasses him and has caused him to lose sleep.If Viro sues the school for permitting her behavior,

A) the school would win because a woman can't harass a man and he should be flattered rather than upset.
B) the school would win because Viro and Winona are on the same employment level and Viro can't be truly harassed unless Winona has the ability to affect his job status, which she doesn't have.
C) Viro would win if he had previously complained to the school and it had done nothing to stop the harassment.
D) Viro would win because, regardless of notice, the employer is automatically liable for any improper activity that occurs on the job, and it is the employer's responsibility to know what is happening on its premises.

Question 61

In Ricci v.DeStefano,Ricci,a white firefighter,took and passed the City of New Haven firefighter's test,required of all applicants for promotion in the city's fire department.The test was thrown out when it was discovered that minorities scored poorly and the city feared a disparate impact-based lawsuit.How did the court rule?

A) Even though the test was prepared by a professional testing organization, the city has the right to reject the test results if minorities do not score adequately.
B) Deliberately oversampling minorities to seek to create a fair test is irrelevant if the test results show that minorities still scored poorly.
C) Ricci, as a member of the white majority, had no grounds to sue when the city was seeking the legitimate aim of nondiscrimination.
D) An employer may not simply disregard a test based on unwanted results unless the test is shown to be biased or deficient.

Question 62

Raj works at an upscale department store.Because of his religion,Raj regularly wears a headscarf.Several customers and employees complain to management that they feel uncomfortable around Raj because of the headscarf.Employees also complain that it violates company dress code that requires a sleek and modern look.The manager meets with Raj and asks him to remove the headscarf during working hours because it violates a legitimate dress policy that applies to all employees.Raj refuses because of his religion.Two weeks later,Raj is fired for trying on clothes during working time.If Raj files a complaint with the EEOC,what will most likely be the outcome?

Question 63

What was the justification for,and the purpose of,the Lilly Ledbetter Fair Pay Act of 2009?

Question 64

In a disparate impact case,if an employer can show that a challenged employment practice is job-related and consistent with business necessity,the plaintiff can still win by showing that

A) there is an alternative practice that would have fewer discriminatory effects, but the employer declines to use it.
B) the employer has engaged in a pattern or practice of discrimination.
C) the difference in selection rates across protected-class groups is statistically significant.
D) there is additional evidence of a discriminatory motive.

Question 65

Under what conditions may an employer be held responsible to an aggrieved employee for sexual harassment committed by a co-worker even if the employer is completely unaware of and had no actual knowledge of the illegal conduct?

Question 66

Kim,a CPA,works for a small accounting firm consisting of two managing partners,six accountants,and four secretaries.During a skiing vacation,Kim has a serious fall and is paralyzed from the waist down.While she cannot walk,her mind is not affected and she is 100 percent capable of performing her accounting duties.She has asked the firm to widen the aisles between cubicles so that she can maneuver her wheelchair and to provide a special desk that is wheelchair friendly.These accommodations would cost less than $1,000.

A) Under provisions of the Americans with Disability Act, her requests should be granted because they are reasonable.
B) Under provisions of the Americans with Disability Act, her requests should not be granted because they are not reasonable.
C) Since she can still do her job, she is not deemed to have suffered a limitation to a major life activity.
D) The company is not required to make or offer any accommodations to Kim.

Question 67

Your school's police/security force requires that all officers be over 6 feet and over 200 pounds.This requirement creates
A) disparate treatment regarding men.

A) disparate treatment regarding women.
B) disparate impact regarding men.
D) disparate impact regarding women.

Question 68

Bennett has just been diagnosed with diabetes.He has the disease under control through diet,exercise,and drugs.He is an assistant manager at a chain department store,and he is fully capable of performing all of his job functions and needs no accommodations.Bennett rides a bicycle over 100 miles per week,participates in half marathons,and regularly works out at the YMCA.When he applies for a promotion to manage a store in the chain,he is turned down because his superiors are concerned that his diabetes could affect his job performance.Is Bennett disabled,and does the Americans with Disabilities Act afford him any protections?

Question 69

In Enriquez v.West Jersey Health Systems,the plaintiff began an external transformation from male to female.When her contract was not renewed,she brought suit claiming discrimination.

A) The plaintiff was not entitled to protection under federal law at that time but was protected by New Jersey state law.
B) Although there was a New Jersey law protecting Enriquez, because the federal law at that time excluded the plaintiff the state law was deemed preempted and could not be enforced.
C) Changing sex or changing sexual appearance is not intended to be covered by law, so Enriquez did not have a valid suit.
D) The discomfort of the majority of the plaintiff's co-workers outweighed any rights that the plaintiff might have because the majority should be able to dictate policy.

Question 70

What procedures or policies should employers implement to protect themselves from charges of discrimination even when firing an employee for misconduct?

Question 71

The Equal Pay Act is an amendment to the
A) Civil Rights Act of 1964.

A) National Labor Relations Act.
B) Fair Labor Standards Act.
D) Social Security Act.

Question 72

Once the plaintiff has established a prima facie case under the McDonnell Douglas standard and the defendant has presented justification for the actions taken,the plaintiff must now prove any of the following except

A) the defendant's stated reasons had no basis in fact.
B) the stated reasons were not the true and accurate reasons.
C) the stated reasons were insufficient to explain the defendant's actions.
D) the stated reasons contain a mixed motive.

Question 73

Mohammed has applied for a custodial job and has been rejected.He believes that his rejection is because of his Arab heritage.He is able to show two years of custodial experience and has successfully performed each of the jobs listed on the position's job description.He subsequently discovers that the job continued to be advertised after his rejection.When he files a complaint alleging disparate treatment discrimination with the EEOC,the employer asserts that Mohammed did not meet the qualifications,which included a minimum of 10 years' experience and a high school degree.How should the court decide this case?

Question 74

Dr.Augustus is a professor at a university and is up for tenure.He is a black male of African heritage and speaks with a very strong and very difficult-to-understand accent.When upset or excited,his accent becomes incomprehensible.When his tenure committee reviews his credentials,it finds that he meets and exceeds the publication record required of a person applying for tenure.The committee also sees that his student evaluations are consistently negative,citing an inability to communicate his ideas to students,constant lateness to class,and unexplained essay grading that appears to be arbitrary.The evaluations also claim that he rarely maintains appropriate office hours and won't provide assistance to students.Peer and supervisor evaluations indicate his unwillingness to contribute to committee work and a general lack of camaraderie.His accent has been addressed,but he has constantly rejected any suggestions to improve his communication skills.It is recommended that he be denied tenure.Subsequent committees come to similar conclusions,and he is given a termination contract.Reasons given include his inability to communicate,his refusal to work with students,his failure to maintain office hours,and his refusal to work with other faculty.Dr.Augustus believes that he has been denied tenure primarily due to his race and African heritage and files a claim with the EEOC.When the EEOC investigates,it finds numerous black faculty members of African heritage,many with pronounced accents,both tenure track and tenured.Has Dr.Augustus been discriminated against? Why or why not?

Question 75

Robin has just graduated with an MS in elementary education.He sends his résumé to a number of school boards,and one writes back offering an interview for a kindergarten position.When Robin arrives at the interview,it is obvious that the interviewers had expected a female.They ask a few general questions and conclude the interview.Two days later he gets a rejection letter.He later finds out that a female applicant with only a bachelor's degree was hired.He believes that he has been discriminated against due to sex,and he files a complaint with the EEOC.The school district defends by saying that kindergarten teachers are traditionally female and that the parents' preference is for a female to conduct the class.Is the school board justified in its actions,and will its defense be effective?

Question 76

The Uniform Guidelines on Employee Selection Criteria says that discrimination is likely if the pass rate of any protected class is less than of the pass rate of the most successful race,sex,or other protected class tested.

A) 50 percent
B) 60 percent
C) 70 percent
D) 80 percent

Question 77

What are the four defenses available to an employer under the Equal Pay Act that will permit different levels of pay between men and women?

Question 78

Aranda works in an office environment with 50 employees.Once or twice a week,her boss Alden tells her she has great legs and that she should wear shorter skirts.He also tells her to let loose and open another button on her blouse once in a while.She asks him to stop and continues to wear knee-length skirts and keep her blouse buttoned to the neck.He never touches her and he never makes these comments when someone else can hear.When she gets her performance appraisal from Alden,he gives her an excellent evaluation and a raise.After listening to Alden for six months,she files a complaint with the EEOC.

A) She may have a valid quid pro quo claim.
B) She may have a valid hostile environment claim.
C) She may choose either a valid quid pro quo claim or a hostile environment claim, as both are valid.
D) She has suffered no economic or other job detriment, so she has no cause of action.

Question 79

Which of the following would be valid grounds to recognize and apply a bona fide occupational qualification?

A) A survey of customers at a restaurant shows a preference for female servers, so males are not hired.
B) A survey of customers at a health spa indicates that same-sex attendants are wanted in locker rooms for privacy reasons.
C) A factory is in a bad part of town, so it refuses to allow women to work the night shift for safety reasons.
D) A church has always had a white pastor, so other races who apply are automatically excluded.

Question 80

Name the four elements that must be proved to establish a prima facie case of disparate treatment in hiring under the McDonnell Douglas standard.