Deck 21: Management: Employment Discrimination

Question 1

McDonnell Douglas v. Green was the U.S. Supreme Court case that established the elements of proof for a disparate treatment case.

Answer 1

True

Question 2

The Lilly Ledbetter Fair Pay Act states that each paycheck triggers a new 180-day filing period to sue.

Answer 2

True

Question 3

Only the hiring process is covered under Title VII.

Answer 3

False

Question 4

Customer preference is a justification for discrimination on the basis of sex.

Question 5

The Family Medical and Leave Act provides twelve weeks of paid leave in certain circumstances.

Question 6

The Ricci case held that the fear of litigation alone can justify an employer's reliance on race to discriminate
against other qualified employees.

Question 7

An insurance company that prohibits female employees from working as estimators, but not men has discriminated by disparate treatment.

Question 8

All employers are covered under Title VII.

Question 9

Federal agencies are exempt from Title VII.

Question 10

Disparate treatment requires proof that there was a discriminatory reason for the employment decision.

Question 11

The Equal Pay Act addressed only the issue of wage discrimination.

Question 12

Sexual harassment requires proof of physical contact.

Question 13

Pattern or practice of discrimination is discrimination against a group rather than a person.

Question 14

Labor unions are exempt from Title VII.

Question 15

Under the Pregnancy Discrimination Act, employers are not prohibited from requiring pregnant employees to stop employment at a certain time during the pregnancy.

Question 16

The Equal Employment Opportunity Act and the Pregnancy Discrimination Act are amendments to Title VII.

Question 17

Disparate impact cases require proof of the same elements as disparate treatment cases.

Question 18

Sex discrimination complaints are the most common type of employment discrimination complaints.

Question 19

Categories protected against discrimination under Title VII include race, color, sex and sexual orientation.

Question 20

State agencies are covered under Title VII.

Question 21

The Rehabilitation Act of 1973 applies to all employers.

Question 22

The Rehabilitation Act of 1973 applies to all employers.

Question 23

The ADA prohibits discrimination on the basis of disability against otherwise qualified applicants.

Question 24

Seniority and merit systems are not subject to Title VII prohibitions.

Question 25

Religious discrimination is permitted by churches when they are inter-viewing for a pastor.

Question 26

Seniority systems can still be used under Title VII.

Question 27

The Americans with Disabilities Act applies to all employers.

Question 28

Quota programs are permissible under affirmative action.

Question 29

Quid pro quo is a form of sexual harassment.

Question 30

Employers are required to make reasonable accommodations for employees' religious beliefs and practices.

Question 31

Title VII provisions do not apply to decisions on admitting employees as partners.

Question 32

Title VII remedies include back pay and punitive damages.

Question 33

A right-to-sue letter is given after administrative remedies are exhausted.

Question 34

Affirmative action programs are required under Title VII.

Question 35

The EEOC is responsible for enforcement of Title VII.

Question 36

Under Title VII, employers cannot use aptitude tests.

Question 37

Under the Pregnancy Discrimination Act, a mother returning to work after maternity leave cannot be demoted.

Question 38

The BFOQ defense to discrimination charges is very broad.

Question 39

An atmosphere of harassment can result in employer liability even if the employer is unaware of specific claims.

Question 40

The Age Discrimination Act protects those who are 40 to 75 years old.

Question 41

Which of the following employers are not subject to Title VII?

A) Congress
B) defense contractors
C) religious corporations when hiring clerical personnel
D) None of the above is subject to Title VII.

Question 42

The presence of sexually suggestive e-mails on an employer's e-mail system can be the basis of a claim for atmosphere of harassment.

Question 43

Costco violated Title VII in Cloutier v. Costco by not giving a reasonable accommodation to one of its employees.

Question 44

The Family Medical and Leave Act applies only to women.

Question 45

Title VII discrimination provisions apply only to employers with 50 or more employees.

Question 46

Employee misconduct is a defense to discrimination charges even if the misconduct was not known at the time of the alleged discrimination.

Question 47

The statute of limitations on EEOA claims is four years.

Question 48

The Family Medical and Leave Act provides for a paid 12-week leave for family illness, birth, or adoption.

Question 49

Seniority and merit systems are void under Title VII.

Question 50

Reasonable accommodation is required of employers when employee's religious beliefs interfere with work schedules.

Question 51

An affirmative action plan is invalid unless approved by a federal district court.

Question 52

Employers are vicariously liable for the sexual harassment of their employees.

Question 53

Which are not subject to Title VII?

A) employers with at least 15 year-round workers
B) labor unions with a hiring hall
C) labor unions with 15 or more members
D) employment agencies
E) All of the above are subject to Title VII.

Question 54

Which statute is not an amendment to Title VII?

A) Equal Pay Act
B) Equal Employment Opportunity Act
C) Pregnancy Discrimination Act
D) All of the above are amendments to Title VII.

Question 55

The ADA mandates employer expenses for reasonable accommodations for employees with disabilities.

Question 56

The only employers required to have affirmative action plans are government agencies.

Question 57

Title VII does not apply to U.S. corporations' operations in other countries.

Question 58

An employer rule prohibiting female employees from attending law school at night while allowing men to do so is an example of disparate treatment discrimination.

Question 59

Lying by an employee on an employment application is a complete defense to a later charge of discrimination by that employee.

Question 60

"Can you lift 20 pounds without use of that arm?" is a job interview question that violates the ADA.

Question 61

The pattern or practice of discrimination cases:

A) requires proof of intent to discriminate.
B) places the burden of proof on the employer.
C) often involves statistical comparisons of the general population and the employer's work force.
D) none of the above

Question 62

Under Title VII, employers who have had an incident of sexual harassment reported to them:

A) are required to take some action to investigate the complaint.
B) can be held liable in tort for their inaction.
C) must take disciplinary action immediately.
D) both a and b
E) none of the above

Question 63

What is required to establish a prima facie case for disparate treatment?

A) plaintiff must belong to a minority group
B) plaintiff must have been qualified for the job
C) a minority was not hired
D) a and b only
E) a, b, and c

Question 64

The Pregnancy Discrimination Act:

A) prohibits employers from requiring pregnant women to take leaves.
B) prohibits employers from cutting the pay of women who return to work after maternity leave.
C) prohibits employers from basing a promotion decision on the basis of a pregnancy or planned pregnancy.
D) does not apply to professionals.
E) all of the above

Question 65

Affirmative action programs:

A) are permitted only when the employer has a past history of discrimination.
B) must have quotas.
C) can be mandated by the EEOC.
D) none of the above

Question 66

Title VII is not applicable to:

A) professional positions.
B) merit pay systems.
C) partnership decisions.
D) none of the above

Question 67

Religious discrimination is lawful if:

A) a church is looking for a pastor.
B) the person's religion prevented them from working a certain shift.
C) the religious beliefs will interfere with effective work.
D) none of the above

Question 68

A disparate impact case:

A) requires the same proof as a disparate treatment case.
B) does not apply to promotions.
C) requires proof of intent to discriminate.
D) does not apply if a reasonable rule produces the disparate impact.
E) none of the above

Question 69

The statute of limitations for an employee to file an EEOC complaint for sexual harassment is:

A) 90 days.
B) 180 days.
C) two years.
D) none of the above

Question 70

The right-to-sue letter is:

A) EEOC certification that administrative remedies have been exhausted.
B) issued by state agencies to allow the EEOC to become involved.
C) issued only if the EEOC agrees with the employee's charges.
D) none of the above

Question 71

The Rehabilitation Act of 1973:

A) applies only to employers receiving federal financial assistance.
B) is enforced by the EEOC.
C) does not apply to federal contractors.
D) a, b, and c

Question 72

Which of the following is not a remedy in an EEOC action?

A) injunction
B) back pay
C) punitive damages
D) All of the above are remedies.

Question 73

Under Title VII, an atmosphere of harassment can exist:

A) only if the employer has received complaints.
B) only if acts of quid pro quo have occurred.
C) if the employer should have known.
D) none of the above

Question 74

Seniority systems:

A) were outlawed under Title VII.
B) are violations of the Age Discrimination Act.
C) can be valid if they are not used to perpetuate past discrimination.
D) none of the above

Question 75

A bona fide occupational qualification is a defense to discrimination charges if:

A) it can be established that customer preference is the basis for discrimination.
B) the job can be established as too strenuous for women.
C) it is customary for a woman to hold the job.
D) none of the above

Question 76

Merit systems:

A) are valid if applicable to all employees.
B) were outlawed under Title VII.
C) are valid if sanctioned by a union.
D) none of the above

Question 77

The Age Discrimination Act:

A) applies to employers with 20 or more employees.
B) applies to employees who are 40 to 75 years old.
C) is enforced by the EEOC.
D) all of the above

Question 78

Under Title VII, sexual harassment complaints require proof of:

A) actual physical contact.
B) involuntary sexual acts.
C) either verbal or physical suggestions.
D) none of the above

Question 79

Aptitude tests:

A) were outlawed under Title VII.
B) are valid if related to job performance and do not result in a disparate impact.
C) are per se discriminatory.
D) none of the above

Question 80

The prohibitions on sex discrimination apply only to:

A) job hiring decisions.
B) promotions.
C) wage increases.
D) a, b, and c
E) none of the above