Deck 34: Employment Discrimination

Question 1

An employer can be liable for an employee's sexual harassment of a member of the same gender.

Answer 1

True

Question 2

The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of experience.

Answer 2

True

Question 3

Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination.

Answer 3

False

Question 4

All employers in the United States are subject to federal employment discrimination laws.

Question 5

It is not unlawful for an employer to retaliate against an employee who has opposed a discriminatory employment practice.

Question 6

A small difference in job content can justify higher pay for one gender.

Question 7

To bring an action against an employer based on intentional dis?crimina?tion, a person must show that he or she is a mem?ber of a protected class.

Question 8

A victim of alleged discrimination must bring a suit against an employer before filing a claim with the Equal Employment Opportunity Commission.

Question 9

Disparate-impact discrimination occurs when an employer intention?ally discrim?inates against an employee who is a member of a protected class.

Question 10

Gender can be a determining factor in an employer's decision to hire, fire, or promote an employee.

Question 11

Title VII does not cover employees' online activities.

Question 12

An employer with fewer than fifteen employees is automatically shielded from federal employment discrimination laws.

Question 13

An employer is not liable for the sexual harassment of an employee by a co-worker who is not the employee's supervisor.

Question 14

To establish a prima facie case of discrimina?tion under Title VII, a plain?tiff must show that discriminatory intent motivated an em?ployer's decision.

Question 15

Compensatory damages are only available for victims of in?tentional employment dis?crimination.

Question 16

If an employee can prove discrimination in the formation or enforcement of an employment contract, he or she may obtain a larger damages award.

Question 17

Job requirements that relate to job performance cannot violate employment discrimination laws.

Question 18

Under the Equal Pay Act of 1963, all of the women on an employer's staff must be paid the same as all of the men.

Question 19

An employer is not liable for the sexual harassment of an employee by the employee's supervisor.

Question 20

An employer's discrimination against job applicants or employees on certain bases may violate both federal and state laws.

Question 21

An employer who discovers an employee's misconduct after discharging the employee may have a good defense to an employment discrimination suit.

Question 22

The Age Discrimination in Employment Act of 1967 prohibits employ?ment discrimi?nation on the basis of age against persons over twenty-one years old.

Question 23

A good business reason for a practice that has a discriminatory effect may permit an employer to avoid liability for discrimination.

Question 24

The Americans with Disabilities Act of 1990 defines disabled persons as persons impaired mentally or physically "in any way."

Question 25

Many of the same remedies available under Title VII are available under the Americans with Disabilities Act of 1990.

Question 26

Under the Americans with Disabilities Act of 1990, a person with a physi?cal impairment that "substantially limits" everyday activities is disabled.

Question 27

Under the Americans with Disabilities Act of 1990, disabled job appli?cants are not entitled to "reasonable accommodation."

Question 28

Under current law, an employer cannot adopt an affirmative action plan.

Question 29

Damages are available for victims of in?tentional employment dis?crimi?nation based on gender, religion, age, or disability.

Question 30

After-acquired evidence of an employee's wrongdoing can shield an employer entirely from liability for employment discrimination.

Question 31

At least one court has held that an affirmative action program violated the U.S. Constitution.

Question 32

An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.

Question 33

To establish a prima facie case of discrimina?tion under the Americans with Disabilities Act of 1990, a plaintiff must show that dis?criminatory in?tent motivated an employer's decision.

Question 34

An em?ployer who hires and fires workers ac?cording to a fair seniority sys?tem may have a good defense to an employment discrimination suit.

Question 35

Under current law, an employer cannot adopt an affirmative action plan.

Question 36

Terminating an employee who uses drugs violates the Americans with Disabilities Act of 1990.

Question 37

Under the Americans with Disabilities Act of 1990, a person with a men?tal impairment that "substantially limits" everyday activities is not disabled.

Question 38

Race can be a bona fide occupational qualification.

Question 39

Under the Americans with Disabilities Act of 1990, disabled employees are entitled to "reasonable accommodation."

Question 40

An employer must hire a dis?abled applicant even if he or she lacks neces?sary job qualifications.

Question 41

Gail is an employee of Home Appliances, Inc., but is un?able to perform her job because of her pregnancy. Gail is

A) entitled to disability leave only if Home treats other temporarily dis?abled employees similarly.
B) entitled to disability leave under any circumstances.
C) not entitled to disability leave because she cannot perform her job.
D) not entitled to disability leave under any circumstances.

Question 42

Olly applies for a job with Petro Company. Petro does not hire Olly because of his ethnicity, or national origin. This is

A) desperate-measure discrimination.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

Question 43

United Industrial Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is

A) a bona fide occupational practice.
B) a business necessity.
C) constructive discharge.
D) reverse discrimination.

Question 44

Fix-It Repair Shop does not take any action to prevent sexual harassment of its employees. Fix-It Repair may be liable for such harassment by

A) a customer only.
B) a customer or an employee.
C) an employee only.
D) not a customer or an employee.

Question 45

Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. Among these, the most important statute prohibiting discrimination against members of protected classes is

A) the Age Discrimination in Employment Act of 1967.
B) the Americans with Disabilities Act of 1990.
C) the Pregnancy Discrimination Act of 1978.
D) Title VII of the Civil Rights Act of 1964.

Question 46

Lloyd and Milly are employees of NuTech Corporation. They have the same job. Under the Equal Pay Act, NuTech can legitimately pay Lloyd more than Milly on the basis of

A) Lloyd's greater production only.
B) Lloyd's greater production or seniority.
C) Lloyd's greater seniority only.
D) neither Lloyd's greater production nor his greater seniority.

Question 47

Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is

A) desperate-measure discrimination.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

Question 48

Fact Pattern 34-1B
Kit, manager of Long-Term Care Company's office in Metro City, de?cides to replace the office's male employees with females. Nia, an assis?tant manager transferred from a different Long-Term Care office, refuses to cooperate. Kit retali?ates against Nia, who quits. Within a year, the male employees also quit.
Refer to Fact Pattern 34-1B. Liability for Kit's conduct most likely rests with

A) Long-Term Care male employees, who should have acted themselves.
B) Long-Term Care, which should have known, and Kit, who acted.
C) Nia, who did not cooperate.
D) no one, because no law was violated.

Question 49

Fact Pattern 34-1A
Fay works for General Construction Contractors but is the only woman on her shift. The male workers often play minor pranks on each other. Fay at?tempts a prank. Hank, her supervisor, fires her, because "GCC doesn't hold with pranks."
Refer to Fact Pattern 34-1A. Fay files a suit against GCC under Title VII. To succeed, Fay must show that Hank's statement was

A) a legitimate, nondiscriminatory reason for Fay's discharge.
B) also Fay's feeling about pranks at GCC.
C) only a pretext for Fay's dis?charge.
D) unofficial GCC policy.

Question 50

Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with this statute 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 Opportunities Commission.

Question 51

Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include

A) Lee and Mira.
B) Lee only.
C) Mira only.
D) neither Lee nor Mira.

Question 52

Rona is Stu's administrative assistant and both work for TriCounty Labor Inc. Stu tells Rona that for sexual favors, he will give her 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 53

Fact Pattern 34-1B
Kit, manager of Long-Term Care Company's office in Metro City, de?cides to replace the office's male employees with females. Nia, an assis?tant manager transferred from a different Long-Term Care office, refuses to cooperate. Kit retali?ates against Nia, who quits. Within a year, the male employees also quit.
Refer to Fact Pattern 34-1B. Kit's conduct is most likely a violation of

A) no law.
B) the Age Discrimination in Employment Act.
C) the Americans with Disabilities Act.
D) Title VII of the Civil Rights Act.

Question 54

Fact Pattern 34-1A
Fay works for General Construction Contractors but is the only woman on her shift. The male workers often play minor pranks on each other. Fay at?tempts a prank. Hank, her supervisor, fires her, because "GCC doesn't hold with pranks."
Refer to Fact Pattern 34-1A. To successfully defend itself in Fay's suit, GCC must show that Hank's statement was

A) a legitimate, nondiscriminatory reason for Fay's discharge.
B) not Fay's feeling about pranks at GCC.
C) only a pretext for Fay's dis?charge.
D) unofficial GCC policy.

Question 55

Cody believes that Delta Corporation has dis?criminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To es?tablish a prima facie case of employment discrimi?nation, Cody must show that

A) Cody is a member of a protected class.
B) Delta has no legal defenses against the claim.
C) discriminatory intent motivated Delta's act.
D) other firms in Delta's industry have committed discriminatory acts.

Question 56

Riki files an employment, gender-based discrimination suit against Superior Corporation under Title VII, on a disparate-impact theory. To succeed, Riki must show that Superior hires fewer women than the per?centage of

A) qualified women in the local labor market.
B) qualified women in the United States.
C) women in Superior's state.
D) women who apply to Imperial for work.

Question 57

Marie, an employee of Nickel Tool Company, files a sexual-harassment suit against Owen, her supervisor. Marie wins. Nickel may also be liable if it had effective harassment policies and complaint procedures, and

A) Marie failed to follow them.
B) Marie followed them.
C) Owen failed to follow them.
D) Owen followed them.

Question 58

Research Statistics Corporation uses a merit system to pay its employees according to their job performance. Suki, a female, and Troy, a male, are Research employees with comparable jobs. Due to superior performance, Suki is paid more than Troy. This is

A) disparate-impact discrimination.
B) gender discrimination.
C) not discrimination.
D) reverse discrimination.

Question 59

Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's 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) not a discharge or discrimination.

Question 60

Jake is a U.S. citizen working abroad for Kettle Corporation, which is a U.S. firm. Jake is protected by U.S. employment discrimination laws only if

A) Jake also works in the United States.
B) Kettle agrees to comply.
C) there is no such law in the country in which Jake works.
D) this does not violate the law of the country in which Jake works.

Question 61

Kyla is a salesperson for Liberty Financial Corporation. Micky is also a Liberty salesperson. Neil is Kyla and Micky's supervisor. Owen is a Liberty customer. Liberty may be li?able for sexual harassment to Kyla by

A) Micky only.
B) Micky, Neil, or Owen.
C) Micky or Neil only.
D) Neil only.

Question 62

Mona files an employment discrimination suit against Nationwide Corporation (NC) under Title VII. If Mona shows that NC acted with malice or reckless indifference, she may recover

A) compensatory damages only.
B) compensatory or punitive damages.
C) neither compensatory nor punitive damages.
D) punitive damages only.

Question 63

Sophisticates, a women's clothing store, employs female attendants to as?sist customers in the dressing rooms. Tod, a forty-one-year-old male, ap?plies for an atten?dant's job, but is not hired. In Tod's suit against Sophisticates for em?ployment discrimination under Title VII, the store has

A) an after-acquired evidence defense.
B) a bona fide occupational qualification defense.
C) a business necessity defense.
D) a seniority systems defense.

Question 64

Refer to Fact Pattern 34-2A. To successfully defend against Beth's claim, COC will have to show that

A) Beth consistently failed to meet the essential requirements of her job.
B) COC cannot make changes to the doors without undue hardship.
C) Dian is qualified for Beth's position.
D) the doors were not installed as an act of intentional discrimination.

Question 65

Cora, a female, and Dom, a male, are employees of Equipment Leasing Corporation. Cora regularly e-mails sexually explicit images to Dom via Equipment Leasing's computer network. Dom finds this offensive. This is

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

Question 66

Flynn is an alcoholic. Gert is morbidly obese. Both work for Helpful Credit Company. Considered disabled under the Americans with Disabilities Act

A) are Flynn and Gert.
B) is Flynn only.
C) is Gert only.
D) is neither Flynn nor Gert.

Question 67

Piku files an employment discrimination suit against Quotient Accounting, Inc., under Title VII, based on its discharge of Piku. In these circum?stances, possible relief under Title VII includes

A) damages only.
B) damages or job reinstatement.
C) job reinstatement only.
D) neither damages or job reinstatement.

Question 68

Dick is easily embarrassed, Elin is easily sunburned, and both work for First City Bank. Considered disabled under the Americans with Disabilities Act

A) are Dick and Elin.
B) is Dick only.
C) is Elin only.
D) is neither Dick nor Elin.

Question 69

United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files a suit against United under the Age Discrimination in Employment Act. To establish a prima facie case, Vera must show, among other things, that she is

A) deserving of higher pay than Wendy.
B) generally more dependable than Wendy.
C) older than Wendy.
D) qualified for the position.

Question 70

Hi-Flite Corporation requires its pilots to have 20/20 vision without glasses. Neither Inez, an African-American female, nor Jock, a fifty-year-old male, can satisfy this requirement. Relief under the Americans with Disabilities Act is available to

A) Inez and Jock.
B) Inez only.
C) Jock only.
D) neither Inez nor Jock.

Question 71

Eton sues Funds Investment Company for employment discrimina?tion under a state law. When compared to federal law, state law may provide

A) less damages only.
B) more damages.
C) no damages.
D) the same damages only.

Question 72

Dan has AIDS, Eve is blind, and both work for First National Bank. Con?sidered disabled under the Americans with Disabilities Act

A) are Dan and Eve.
B) is Dan only.
C) is Eve only.
D) is neither Dan nor Eve.

Question 73

Mold & Dye Corporation is a private employer in?volved in a Title VII employment discrimination suit. Punitive damages may be recovered against Mold & Dye 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) none of the choices.

Question 74

Fact Pattern 34-2B
Lita replaces Manny in his job at Neighborly Business Corporation .
Refer to Fact Pattern 34-2B. Manny believes that he has been discriminated against on the basis of his age. For the Age Dis?crimination in Employment Act of 1967 to apply

A) all parties must be forty years of age or younger.
B) Lita must be forty years of age or older.
C) Manny must be forty years of age or older.
D) NBC must have been in existence for at least forty years.

Question 75

Fact Pattern 34-2B
Lita replaces Manny in his job at Neighborly Business Corporation .
Refer to Fact Pattern 34-2B. To succeed with an age-discrimination claim against CBC, Manny will have to show that

A) Lita is not qualified for Manny's job.
B) Manny is qualified for his job.
C) NBC's qualifications for Manny's job are too high.
D) no one could do Manny's job as well as he could.

Question 76

Fact Pattern 34-2A
Beth, who has a disability, is an employee of Corporate Office Company . After the installation of new doors on COC's building, Beth finds it nearly im?possible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability.
Refer to Fact Pattern 34-2A. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that

A) Beth consistently met the essential requirements of her job.
B) COC refused to make reasonable accommodation for Beth.
C) Dian is unqualified for Beth's position.
D) the doors were installed as an act of intentional discrimination.

Question 77

Chris sues Delta, Inc., for employment discrimina?tion under a state law. When compared to federal law, state law may apply to firms with

A) fewer employees.
B) more employees only.
C) no employees.
D) the same number of employees only.

Question 78

Fact Pattern 34-2A
Beth, who has a disability, is an employee of Corporate Office Company . After the installation of new doors on COC's building, Beth finds it nearly im?possible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability.
Paolo has cerebral palsy, Quincy has kleptomania, and both work for Reality Insurance Company. Considered disabled under the Americans with Disabilities Act

A) are Paolo and Quincy.
B) is Paolo only.
C) is Quincy only.
D) is neither Paolo nor Quincy.

Question 79

Machine Corporation requires its employees to have a high school diploma, claiming a definite connection between a high school edu?ca?tion and job performance. In a suit against Machine Corporation under Title VII, this requirement is shown to have a discriminatory effect. The employer has

A) an affirmative action defense.
B) a bona fide occupational qualification defense.
C) a business necessity defense.
D) no defense.

Question 80

Svetlana, 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.