Deck 13: Civil Rights and Employment Discrimination

Question 1

Under the Americans with Disabilities Act (ADA),a person who has a mental impairment that substantially limits only one of that person's major life activities cannot qualify as disabled.

Answer 1

False

Question 2

According to the Oncale v.Sundowner Offshore Services,Inc.,case,the U.S.Supreme Court ruled that Title VII does not apply to same-sex harassment.

Answer 2

False

Question 3

The federal statutes on race,gender,and employment discrimination apply both to employees and independent contractors.

Answer 3

False

Question 4

The U.S.Supreme Court ruled that sexual harassment must be committed by a member of the opposite sex in order to be actionable.

Question 5

Title VII provides that an employer may lawfully hire an individual on the basis of religion,sex,or national origin if religion,sex,or national origin is a bona fide occupational qualification.

Question 6

If two individuals,ages 25 and 35,apply for the same position,under federal law the employer may not lawfully reject either applicant on the basis of age.

Question 7

It is not necessary to prove intentional discrimination to prevail in a disparate impact case.

Question 8

A bona fide occupational qualification is an affirmative defense for which the employer has the burden of showing a reasonable basis for believing that persons in the category can be excluded from a particular job.

Question 9

The two distinct legal theories of discrimination for litigation in traditional Title VII actions are disparate treatment and disparate impact.

Question 10

Many states have passed their own fair employment acts.

Question 11

Under federal law there are no caps on either compensatory or punitive damages when sexual discrimination is involved.

Question 12

A claim for sexual harassment may be asserted by either male or female employees.

Question 13

To recover on a claim of disparate treatment,a plaintiff claiming discrimination must prove that he or she is a member of a class of persons protected by Title VII and was denied a position or benefit that he or she sought,for which he or she was qualified,and that was available.

Question 14

In general,courts may hold that a one-time incident is not enough to create a hostile environment,except when the conduct was severe.

Question 15

As the court stated in the Suarez v.Pueblo International,Inc.(2000)case,the ADEA guarantees workplaces "free from the ordinary ebb and flow of power relations and interoffice politics."​

Question 16

To prevail on a claim for retaliation under Title VII,a plaintiff does not need to prevail on his or her Title VII discrimination claim.

Question 17

In the Harris v.Forklift Systems,Inc.case,the U.S.Supreme Court ruled that a showing of a serious effect on an employee's psychological well-being is necessary for a hostile work environment claim under Title VII.

Question 18

Federal legislation to amend Title VII to include sexual orientation has not been enacted.

Question 19

Title VII has been successfully used to challenge English-only workplace rules.

Question 20

Discrimination on the basis of pregnancy is a form of sex discrimination under Title VII.

Question 21

A reasonable accommodation for a disabled employee is required regardless of whether it would impose an undue hardship on the employer.

Question 22

In the International Union United Automobile,Aerospace & Agriculture Implement Workers of America,UAW v.Johnson Controls,Inc.case,employer Johnson Controls had a "fetal protection policy" that essentially barred women from working in unsafe working environments unless the employee could medically document her inability to bear children.How did the U.S.Supreme Court rule?

A) The policy was a facially discriminatory policy forbidden under Title VII because it did not also apply to the reproductive capacity of male employees.
B) The policy was a facially discriminatory policy forbidden under Title VII unless the employer had documented proof that the exposure would likely harm a developing fetus.
C) The policy was allowable under Title VII unless the female employee had documented proof that the exposure would not likely harm a developing fetus.
D) The policy was allowable under Title VII so long as the employer had a good faith belief that the exposure would harm a developing fetus.

Question 23

Title VII prohibits discrimination based on:

A) race,color,and religion.
B) race,color,religion,national origin,sex,or age.
C) race,color,religion,and sex.
D) race,color,religion,national origin,or sex.

Question 24

CASE 13.2,EEOC v.Abercrombie & Fitch Stores,Inc.(2015)involved a question of whether a clothing retailer violated Title VII when it refused to hire a Muslim woman-applicant because she wore a head scarf in violation of its company dress code,and whether the applicant gave proper notice of a religious accommodation.How did the court rule?

A) The employer violated Title VII because an employer may not make an applicant's religious practice,confirmed or otherwise,a factor in employment decisions.
B) The employer violated Title VII because it cannot institute work dress code policies.
C) The employer did not violate Title VII because the employer did not have to accommodate the wearing of the scarf because such accommodation would place an undue hardship on the employer.
D) The employer did not violate Title VII because the applicant failed to give proper notice of a religious accommodation.

Question 25

Which of the following is generally true regarding front pay in discrimination cases?

A) It is a substitute for back pay.
B) It is equal to one-half the back pay amount.
C) It is a substitute for back pay and is generally awarded in addition to reinstatement.
D) It is equal to what the employee would have received had he or she not been discharged and is generally awarded when reinstatement is inappropriate.

Question 26

In the Holcomb v.Iona College case,a white assistant coach of a college basketball team alleged he was fired because he was married to an African American woman,and sued the college for violation of Title VII.How did the court rule?

A) The court ruled that Title VII was inapplicable to such claims.
B) The court ruled that Title VII was inapplicable because a private college,as opposed to a public college,was involved.
C) The court ruled that Title VII protects the parties involved in a racially mixed marriage,but that in other situations,such as dating relationships,Title VII would not apply.
D) The court ruled that Title VII protects employees from discrimination based on their association with a person of a different race.

Question 27

An employee may use the Family and Medical Leave Act for

A) the birth of a child.
B) the care of a parent.
C) a serious personal health condition rendering the employee unable to do his or her job,or the birth of a child.
D) the birth of a child,the care of a parent,or a serious personal health condition rendering the employee unable to do his or her job.

Question 28

The Family and Medical Leave Act provides for _____ to employees who are eligible,which occurs after working for an employer for _____.

A) two years of unpaid job-protected leave; two years
B) 12 weeks of unpaid job-protected leave; 12 months
C) 26 weeks of unpaid leave; six months
D) 16 weeks of paid leave; 12 months

Question 29

Which of the following statements about an age-discrimination-in-employment case is true?

A) The plaintiff must prove by a preponderance of direct evidence that age was a motivating factor for the challenged employer decision.
B) The plaintiff must prove by a preponderance of the evidence,which may be direct or circumstantial,that age was a motivating factor for the challenged employer decision.
C) The plaintiff must prove by a preponderance of direct evidence that age was the but-for cause of the challenged employer decision.
D) The plaintiff must prove by a preponderance of the evidence,which may be direct or circumstantial,that age was the but-for cause of the challenged employer decision.

Question 30

What is the major provision of the Civil Rights Act of 1866 (Section 1981)?

A) It prohibits racial discrimination by employers of more than 50 employees in the making and enforcement of contracts,including employment contracts.
B) It prohibits racial discrimination by employers of any size in the making and enforcement of contracts,excluding employment contracts.
C) It prohibits racial discrimination by employers of any size in the making and enforcement of contracts,including employment contracts.
D) It prohibits racial discrimination by employers of more than 25 employees in the making and enforcement of contracts,including employment contracts.

Question 31

When an individual has experienced discrimination under Title VII,how is that violation addressed?

A) A claim must be filed with the EEOC by a private lawyer within six months after the alleged unlawful employment practice occurred.
B) A plaintiff may institute a court action,but a plaintiff who does not file a charge of discrimination with the EEOC within a specified period may only recover back pay from the date a court action is filed.
C) A plaintiff must file a charge with the EEOC,but may also personally institute a court action to run concurrently with the EEOC investigation.
D) A plaintiff is required to file a charge with the EEOC within a specified period; but in the event the EEOC does not pursue the matter,the plaintiff may proceed personally after receiving a right-to-sue letter from the EEOC.

Question 32

In the Price Waterhouse v.Hopkins case,a female was denied partnership in an accounting firm after being told that to improve her chances for partnership,she should walk more femininely,talk more femininely,dress more femininely,wear make-up,have her hair styled,and wear jewelry.How did the U.S.Supreme Court rule?

A) The employer committed sexual stereotyping constituting illegal discrimination.
B) The employer committed sexual stereotyping,but that such stereotyping did not constitute illegal discrimination.
C) The employer committed sexual stereotyping but that in such cases,only nominal (minimal)damages are available.
D) Despite the sexual stereotyping of such statements,the employer could avoid liability if it could show that it had received client complaints regarding the female's masculine-type qualities.

Question 33

In the McKennon v.Nashville Banner Publishing Co.case,after-acquired evidence of the plaintiff-employee's misconduct was introduced in a lawsuit filed under the ADEA.How did the U.S.Supreme Court rule?

A) The court ruled that under such circumstances,the plaintiff's claim should be dismissed.
B) The court ruled that under such circumstances,remedies available to the plaintiff should be limited to back pay and should not include reinstatement or front pay.
C) The court ruled that under such circumstances,remedies available to the plaintiff should be limited to back pay and front pay and should not include reinstatement.
D) The court ruled that such evidence has no effect on the lawsuit or on available remedies.

Question 34

Under federal law,employees may not waive their rights under the Age Discrimination in Employment Act (ADEA).

Question 35

In Chevron USA,Inc.v.Echazabal,the plaintiff claimed Chevron violated his rights under the ADA when it refused to allow him to work in its refinery because of the plaintiff's liver disease and concerns regarding his health.How did the U.S.Supreme Court rule?

A) The Court ruled that under the ADA,an employer is authorized to refuse to hire an individual if the individual's performance on the job would endanger his or her own health owing to a disability.
B) The Court ruled that under the ADA,an employer is only authorized to refuse to hire an individual if the individual's performance on the job would in any manner endanger another employee's health.
C) The Court ruled that under the ADA,an employer is only authorized to refuse to hire an individual if he or she has a communicable disease.
D) The Court ruled that under the ADA,an employer may not take into consideration a health condition that would present a problem to the applicant or others.The employer may only consider whether the applicant has the skills to do the job.

Question 36

The plaintiff in Thompson v.North American Stainless,LP,alleged he was fired as a retaliatory action because his fiancée had filed a complaint of discrimination against their mutual employer.The employer alleged he had no cause of action.How did the US.Supreme Court rule?

A) The case was dismissed because the man was not personally subjected to discrimination.
B) The case was dismissed because the man was not personally subjected to discrimination and was not married to the person discriminated against.
C) The Court ruled that the man was in the "zone of interests" and could sue for retaliation,but that his remedies were limited to reinstatement.
D) The Court ruled that the man was in the "zone of interests" and could sue for retaliation.

Question 37

In the Ricci v.DeStefano case,one Hispanic and 17 white firefighters sued the city of New Haven.The plaintiffs alleged the city's refusal to certify test results of an examination,which would have made them eligible for promotion,was a violation of Title VII's ban on disparate treatment.How did the U.S.Supreme Court rule?

A) The city of New Haven had engaged in illegal disparate impact discrimination.
B) The city of New Haven had engaged in illegal disparate treatment discrimination.
C) The city of New Haven had acted appropriately because there was a credible threat of a lawsuit.
D) The city of New Haven had acted appropriately both because there was a credible threat of a lawsuit and because the city had established,using objective facts,that such a lawsuit could not be afforded.

Question 38

Which of the following is generally true regarding an award of lost future earnings in discrimination cases?

A) Damages for lost future earnings are generally available so long as front pay is not awarded.
B) Damages for lost future earnings may be awarded in addition to damages for front pay.
C) Damages for lost future earnings are not available if either an award of back pay or front pay is given.
D) Damages for lost future earnings are not available.

Question 39

Denial of promotion in retaliation for a person's refusal to respond to his or her supervisor's sexual advances is referred to as __________ harassment.

A) sine qua non
B) quid pro quo
C) actual
D) constructive

Question 40

What is the major provision of the Equal Pay Act of 1963?

A) It mandates equal pay for equal work without regard to gender.
B) It mandates equal pay for equal work without regard to gender or age.
C) It mandates equal pay for equal work without regard to gender,race,or age.
D) It mandates equal pay for equal work without regard to race.

Question 41

Which of the following is true regarding the European Union's discrimination protection?

A) EU law does not address discrimination.
B) EU statutory law sets caps on awards for discrimination cases.
C) EU statutory law prohibits sex discrimination.
D) EU law does not address employment discrimination in regard to hiring based on age.

Question 42

Sneaky opened a new dress shop catering to college aged students.Sneaky advertised for sales associates but would only hire applicants who had been trained in computer skills in high school.Terry,age 50,was denied employment on the basis that although highly skilled in computer usage,Terry obtained training after high school.Computer training was not available in Terry's high school nor was it typically available in high schools during that time period.Terry sued for age discrimination.Sneaky denied liability,pointing out that the advertisement only referred to computer training.It in no way referenced an age requirement.Sneaky claimed that the fact that all current associates were younger was simply a coincidence.Which of the following is true regarding Terry's claim?

A) Sneaky should win on the basis of being entitled to require high-school based computer training.
B) Sneaky should win unless Terry can obtain evidence that Sneaky intentionally used the requirement to discriminate based upon age.
C) Terry should win under a disparate treatment theory if able to show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act.
D) Terry should win under a disparate impact theory if able to show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act.

Question 43

Which of the following would NOT be considered an adverse employment action?

A) Requiring an employee to work without a lunch break
B) Soliciting coworkers' negative comments about an employee
C) Negative but accurate job evaluations
D) Disadvantageous job transfers

Question 44

Leave under the Family and Medical Leave Act is:

A) paid leave.
B) unpaid leave.
C) paid leave for 3 weeks and then unpaid.
D) paid leave for 10 weeks and then unpaid.

Question 45

______includes demotions,reductions in pay,or other actions that affect an employee's status in a tangible manner.

A) Accommodation
B) Quid pro quo discrimination
C) Notice of right to sue
D) Adverse employment action

Question 46

In CASE 13.1 Equal Employment Opportunity Commission v.R.G.and G.R.Harris Funeral Homes,Inc.(2016),the EEOC sued Funeral Homes on the basis of sex stereotyping after Funeral Homes fired a worker for coming to work in a skirt and jacket,considered female business attire,rather than pants and jacket.How did the court rule?

A) Because transgender status and gender identity are protected under Title VII,the court found that the "only reason that the EEOC cannot pursue a Title VII claim on behalf of Stephens."
B) Funeral Homes asserted that the federal Religious Freedom Restoration Act (RFRA)82 prohibited the EEOC from applying Title VII to force Funeral Homes to violate the "sincerely held religious beliefs" of Rost,Funeral Homes' owner.The court concurred and ruled in favor of Funeral Homes.
C) The EEOC contested that Rost's beliefs that allowing a Funeral Homes director who had been born a biological male to wear the skirt-suit uniform for female directors at work would violate God's command was not sincere.The court ruled in favor of the EEOC.
D) The court ruled that employers who discriminated against men because they wore dresses and makeup,or acted feminine,were not engaged in illegal sexual stereotyping.

Question 47

Taina,a female manager at ABC Company,was surprised to learn that one of her male employees had accused her of sexual harassment.Taina denied all charges.After a long and expensive battle in court,the jury ruled in favor of ABC Company on all charges.A few days after the trial,Taina's supervisor fired her for no apparent reason.Taina obtained evidence in the form of interoffice memos that she was fired because of the charges brought against her.Taina thought that was unfair because she was completely vindicated by the jury.Are any remedies available to her under Title VII?

A) No remedies are available to her under Title VII because it only protects victims of discrimination and harassment along with witnesses testifying in support.
B) Taina can sue under Title VII only if she can establish that men had been treated differently when accused of harassment.
C) Taina can sue under Title VII only if she can establish the existence of an employment contract whereby she can only be discharged for just cause.
D) At least one court has ruled that Taina has a cause of action under Title VII based upon retaliation.

Question 48

Discuss in detail the response of the EEOC in regard to the protection from discrimination of temporary workers supplied by an employment agency along with remedies available to temporary employees suffering discrimination.

Question 49

Explain the provisions of affirmative action and how it relates to Title VII.

Question 50

An impairment is a disability under the ADA only if it__________ an individual's ability to perform __________ as compared with most people in the general population.

A) completely prohibits; a major life activity
B) excludes; a major life activity
C) substantially limits; a major life activity
D) impairs in any way; any life activity

Question 51

Under the EEOC,gender will qualify as a BFOQ where a gender-based restriction is based on:

A) assumptions of the comparative employment characteristics of women in general.
B) the rights of others to privacy.
C) stereotyped characterizations of the sexes.
D) sex but not age.

Question 52

List the categories of individuals classified as disabled under the Americans with Disabilities Act.

Question 53

Which of the following is true regarding Japan's discrimination protection?

A) Japan ranks high on the Global Gender Gap Index,which measures the gap between men and women in economic participation and opportunity,educational attainment,health and survival,and political attainment.
B) Laws regarding sex discrimination are the least developed discrimination laws in Japan.
C) Japan has several explicit statutes prohibiting discrimination on the basis of race or national origin.
D) Article 14 of the Japanese Constitution provides that all "people are equal under the law and there shall be no discrimination in political,economic or social relations because of race,creed,sex,social status,or family origin."

Question 54

Under the Family and Medical Leave Act,eligible employees are entitled to _____ weeks of leave per year.

A) 10
B) 20
C) 12
D) 5

Question 55

Ray is starting a new security service and retains Kai as legal counsel.Ray plans to prohibit all acts of discrimination and harassment but cannot be all places at all times.Ray asks Kai what can be done to limit Ray's liability.What should Kai tell Ray?

A) Kai should tell Ray that there is nothing to worry about because Ray cannot be held liable for acts of supervisors as long as Ray has a rule prohibiting harassment.
B) Kai should tell Ray that under the law,Ray is automatically liable for any acts of harassment committed by supervisors
C) Kai should tell Ray to institute a policy providing all employees with an offer to correct any offensive conduct,and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help Ray avoid liability.
D) Kai should tell Ray to take advantage of a loophole in Title VII that allows business owners to opt out of the harassment provisions of Title VII.

Question 56

Executive Order 11246 requires that federal contractors include an agreement _____ in every nonexempt government contract.

A) not to discriminate in employment on the basis of race,color,religion,sex,or national origin
B) to hire a certain quota of minorities
C) to perform audits of discriminatory practices
D) to hire a certain quota of minorities and an agreement to perform audits of discriminatory practices

Question 57

The major provisions of the ADEA prohibit discrimination in employment on the basis of:

A) disability.
B) age.
C) gender.
D) race.

Question 58

In quid pro quo sexual harassment cases and hostile environment cases,the employer is always vicariously liable under the __________ standard when a supervisor takes a tangible employment action against a subordinate.

A) negligence-in-support-relation
B) aided-by-the-agency-relation
C) federal-directive
D) assisted-in-the-creation

Question 59

Neel is a cashier at Super Store.Saturday is the store's busiest day.Neel tells the supervisor Sammy that every Saturday is the religious holiday for the religion to which Neel has recently converted,and Neel will need to be off on Saturday to observe it.What are Sammy's obligations to Neel?

A) Sammy has an absolute obligation under the law to let Neel off every Saturday unless able to prove that Neel is not using the time for religious observance.
B) Sammy cannot fire Neel based on her religious beliefs,but Sammy has no duty to let Neel off on the busiest day of the week.
C) Under the law,Sammy must allow Neel to be off as requested,but only if Neel can establish that under the tenets of religious beliefs Neel is doomed by not attending worship services regularly.
D) Sammy must make reasonable accommodations for Neel unless doing so would cause undue hardship on the business.

Question 60

GINA prohibits employers with at least 15 employees from using _____ to make decisions about hiring,firing,or compensation.

A) genetic information
B) age
C) disability
D) zone of interest

Question 61

Bellamy,age 60,works at Big Company as an assistant manager and has been approached by his supervisor,Soma,on several occasions for a date.She makes lewd and inappropriate comments to him that are embarrassing.Bellamy complained to Tully,the president of Big Company,but no action was taken.In fact,Tully told Bellamy that he should feel lucky that Soma was interested in an old guy like him and proceeded to tell several jokes involving age and sexual performance.Again,Bellamy was humiliated and embarrassed.Bellamy complained to the Equal Employment Commission regarding what he believed was inappropriate conduct involving the requests for dates,and references to sex and age.Tully was told by the Commission representative that she needed to put a stop to inappropriate behavior.A few days later,Bellamy was told that he was being demoted.He was replaced by a 25-year-old female.What causes of action,if any,would Bellamy have?

Question 62

Susan goes to work for Fashion Company,a U.S.company that has a branch in a repressive Middle Eastern country.Susan agrees to transfer to the Middle Eastern country.After working there for several months she notices that men who are less qualified are promoted to managerial jobs for which she has applied.Susan tells her supervisor,Will,that she is going to sue the company under Title VII because she is being discriminated against on the basis of her sex.He tells her to forget it because Title VII does not apply outside the United States.He also tells her that even if he wanted to promote her,which he does not,the law in the Middle Eastern country prohibits the promotion of women into managerial positions.Susan tells him that he is nuts because she is fully protected as a U.S.citizen working for a U.S.company.Who is right and why?