Deck 35: A: Employment Discrimination

Question 1

Sexual harassment occurs when sexual favors are demanded in return for job opportunities,promotions,salary increases,or other benefits.

Answer 1

True

Question 2

The Civil Rights Act of 1964 prohibits job discrimination on the basis of intelligence.

Answer 2

False

Question 3

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

Answer 3

True

Question 4

Under the Age Discrimination in Employment Act of 1967,a plaintiff must show only that unlawful discrimination was the reason for an adverse employment action.

Question 5

There is no cap on damages for discrimination in violation of the Civil Rights Act of 1964.

Question 6

Federal law does not prohibit employers from engaging in gender-based wage discrimination.

Question 7

If a job applicant or an employee with a disability,with reasonable accommodation,can perform essential job functions,the employer must make the accommodation.

Question 8

Employers are not required to modify their job-application and selection process so that those with disabilities can compete for jobs with those who do not have disabilities.

Question 9

Each time a person is paid discriminatory wages,benefits,or other compensation,a cause of action arises.

Question 10

Under current law,an employer must adopt an affirmative action plan.

Question 11

Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964.

Question 12

The Americans with Disabilities Act of 1990 defines persons with disabilities as persons with physical or mental impairments that "substantially limit" their everyday activities.

Question 13

State employers are not immune from private suits brought by employees under the Americans with Disabilities Act of 1990.

Question 14

The Civil Rights Act of 1964 prohibits job discrimination against majority group individuals,such as white males.

Question 15

Under the Age Discrimination in Employment Act of 1967,when an older worker is laid off as part of a restructuring,he or she must present evidence that the layoff was motivated by age bias.

Question 16

An employer may be liable for the harassment of nonemployees if the employer knew about the harassment and failed to take corrective action.

Question 17

Employers cannot forbid their employees from participating in any religious activity.

Question 18

Any employee,except an undocumented alien,can bring an action for employment discrimination.

Question 19

Protection against retaliation under the Civil Rights Act of 1964 does not extend to an employee who answers questions during an employer's internal investigation of another employee's complaint.

Question 20

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

Question 21

Truman applies for a job at Skylight Canopy Corporation for which he is well quali?fied,but for which he is rejected.Skylight continues to seek applicants and eventually fills the posi?tion with a person who is not a member of a mi?nority.Truman is most likely to succeed in a suit against Skylight for discrimination if he is a member of

A)a protected class.
B)a majority group.
C)an employers' association.
D)a union.

Question 22

Mold & Dye Corporation is a private employer in?volved in an employment discrimination suit under the Civil Rights Act of 1964.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)consents.

Question 23

Dick works for First City Bank.When his spouse Elin is diagnosed with Lou Gehrig's disease,Dick asks to take temporary leave to care for her.First City discharges him.He files a suit against the bank under the Americans with Disabilities Act of 1990.Most likely,Dick can

A)recover for association discrimination.
B)recover for reverse discrimination.
C)recover for disparate-impact discrimination.
D)not recover.

Question 24

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 25

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 26

Riki files a suit against Stevedore Shipping Corporation under the Civil Rights Act of 1964,alleging employment discrimination on the basis of gender on a disparate-impact theory.To succeed,Riki must show that Stevedore 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 Stevedore's state.
D)women who apply to Stevedore for work.

Question 27

Hu believes that he is a victim of a form of employment discrimination that falls under the Civil Rights Act of 1964.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 28

Fact Pattern 35-2B
Ida replaces Hector in his job at Grocers Market Corporation (GMC).
Refer to Fact Pattern 35-2B.Hector 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)Ida must be forty years of age or older.
C)Hector must be forty years of age or older.
D)GMC must have been in existence for at least forty years.

Question 29

Fact Pattern 35-1B
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 35-1B.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 30

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 31

Fact Pattern 35-1B
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 35-1B.Kit's action against Nia is most likely

A)not discrimination.
B)discrimination on the basis of gender.
C)discrimination on the basis of experience or skill.
D)discrimination on the basis of effort and responsibility.

Question 32

Flynn is a drug addict who has completed a supervised drug-rehabilitation program.Gert used drugs casually in the past.Both work for Home Credit Company.Considered to have a disability under the Americans with Disabilities Act of 1990

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

Question 33

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 34

Marvel 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 Marvel under the Civil Rights Act of 1964,this requirement is shown to have a discriminatory effect.Marvel has

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

Question 35

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)reverse discrimination.
B)disparate-impact discrimination.
C)disparate-treatment discrimination.
D)not discrimination.

Question 36

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 37

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.

Question 38

Fact Pattern 35-2B
Ida replaces Hector in his job at Grocers Market Corporation (GMC).
Refer to Fact Pattern 35-2B.To succeed with an age-discrimination claim against GMC,Hector will have to show that

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

Question 39

Paula,a disabled person,applies for a job at Quantity Corporation for which she is well quali?fied,but for which she is rejected.Quantity continues to seek applicants and eventually fills the posi?tion with a person who is not disabled.Paula is most likely to succeed in a suit against Quantity for discrimination under the Americans with Disabilities Act of 1990 if she can show that

A)she was not hired solely because of her disabil?ity.
B)she can function well with corrective devices or on medication.
C)her disability causes her undue hardship.
D)she could not perform the job even with reasonable accommodation.

Question 40

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)none of the employees followed them.
B)Marie followed them.
C)all of the employees were aware of them.
D)Owen followed them.

Question 41

Sara is a repairperson for Telecommunications Company (TC).The job requires driving to remote areas to make repairs under any conditions.Sara has had the job longer than other employees.Sara applies for a promotion to a supervisory position that requires constant communica?tion with others in the field.TC rejects the application on the ground that Sara is hearing impaired.TC acknowledges that Sara is otherwise quali?fied,but asserts that it "needs someone who does not have a hear?ing dis?ability." Sara files a suit against TC under the Americans with Disabilities Act of 1990.What is the issue in this problem,and what are the relevant considerations on which its resolution depends?

Question 42

For twenty years,Ozzie works for Players Paradise,a destination for vacationers from across the United States,maintaining golf carts.After a steady stream of positive job evaluations and merit pay raises,Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players's courses.Five years later,a new employee,Quentin,is hired to oversee operations at all ten of Players's courses.Quentin demotes Ozzie,who is now over the age of forty,to running only one of the three cart facilities,and freezes his salary.Quentin demotes five other employees over the age of forty and places one of Ozzie's former facilities under the supervision of Richie,who is twenty-three.Ozzie overhears Richie say,"We're going to have to do away with these old,senile men." Less than a year later,Quentin reconsolidates the three cart facilities' operations under Richie's charge.Ozzie quits and files a suit against Players for employment discrimination.Should he prevail? Explain.