Question 1

Explain with an example the circumstances under which the employment of a younger person over an older person does not constitute discrimination.

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Question 2

Discuss with an example how discrimination of a protected class other than race or color is permitted.

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Question 3

A religious organization employing members for its association requires its applicants to be of the same religion,and modest in dress and grooming.Does the organization's requirement discriminate applicants of other religions?

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Question 4

According to the Equal Pay Act,employers can eliminate unlawful disparity of wages by lowering the wages of the other employees.

Accepted Answer

The Equal Pay Act prohibits employers from lowering the wages of any employees in order to eliminate unlawful disparity of wages. Instead, employers must ensure that employees performing the same job receive equal pay for equal work.

Question 5

How can an individual assert that he or she has been discriminated with disparate treatment by an employer?

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Question 6

Employers can maintain a policy of hiring only workers who are 40 years of age or older without violating the Age Discrimination in Employment Act.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older. However, the ADEA does not prohibit employers from maintaining a policy of hiring only workers who are 40 years of age or older.

Question 7

Explain how the provisions under the Equal Pay Act protect both sexes from pay discrimination based on sex.Provide an example.

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Question 8

How do email harassments differ from other forms of harassment? Discuss how employers can protect employees from such harassments.

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Question 9

Title VII does not cover the discrimination of a woman employee having a medical condition related to pregnancy or childbirth.

Accepted Answer

Title VII of the Civil Rights Act of 1964 does cover discrimination on the basis of pregnancy, childbirth, or related medical conditions. Employers are required to treat pregnant employees the same as non-pregnant employees in terms of job duties, benefits, and accommodations.

Question 10

How can an employer prove an affirmative defense if he is held vicariously liable for an employee's harassment by a supervisor?

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Question 11

Compare and contrast circumstances under which employers can or cannot raise a defense against the imposition of a liability for the harassment of an employee.

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Question 12

Title I of the Americans with Disabilities Act covers employers with less than 15 employees.

Accepted Answer

Title I of the Americans with Disabilities Act covers employers with 15 or more employees.

Question 13

The Americans with Disabilities Act prohibits preemployment medical examinations before a job offer for disabled applicants.

Accepted Answer

This is correct. The Americans with Disabilities Act (ADA) prohibits preemployment medical examinations and inquiries about disabilities before a job offer is made. Employers are only allowed to ask about disabilities after a job offer has been made, and even then the questions must be job-related and consistent with business necessity.

Question 14

An isolated incident or offhand remark that is not very serious and that does not create a hostile work environment or adverse employment decision does not violate Title VII.

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin. However, not every comment or action that may be perceived as offensive or inappropriate constitutes a violation of Title VII. In order for it to be a violation, it must create a hostile work environment or result in an adverse employment decision such as being fired, demoted or not hired. Minor incidents or offhand remarks that are not severe or pervasive enough to alter the terms or conditions of employment are generally not considered to be violations of Title VII.

Question 15

The Age Discrimination in Employment Act permits age discrimination where it is a necessary requirement of a job.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) does allow for age to be considered where it is a "bona fide occupational qualification" reasonably necessary to the normal operation of the particular business.

Question 16

In case of a violation of the Age Discrimination in Employment Act,an employer must pay for damages but is not liable to increase the wages of the discriminated-against employee.

Accepted Answer

Under the Age Discrimination in Employment Act, if an employer is found guilty of discrimination, remedies can include not only paying for damages but also potentially increasing the wages of the discriminated-against employee to the level they would have been without the discrimination. Remedies aim to make the employee whole.

Question 17

Is it mandatory for employers to accommodate disabled employees? Explain the factors under which employers who do not make accommodations are not in violation of the Americans with Disabilities Act (ADA).

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Question 18

Why can't an employer discriminate against an employee based on the race of his or her associations outside the organization? Give an example.

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Question 19

The Age Discrimination in Employment Act protects employees who are 40 and older from age discrimination.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) explicitly states that it is illegal to discriminate against employees and job applicants who are 40 years of age or older. Thus, the statement is true.

Question 20

If a victim and harasser are of the same sex,the harassment does not violate Title VII.

Accepted Answer

This statement is false. Harassment that is based on the victim's sex and occurs between individuals of the same sex can still violate Title VII of the Civil Rights Act of 1964.

Quiz 36: Equal Opportunity in Employment