Question 1

Which Supreme Court case was used to define unfair discrimination in conjunction with EEO laws?

Accepted Answer

B) Griggs v.Duke Power Company was a landmark Supreme Court case used to define unfair discrimination as put forth in EEO laws such as Title VII.The Court ruled that employment practices must be job related and that discrimination does not have to be overt to be illegal.Brown v.Board of Education held that segregation in public schools was unconstitutional.

Question 2

Which of the following is NOT a form of sexual harassment according to EEOC guidelines?

Accepted Answer

D) EEOC guidelines define sexual harassment as unwelcome sexual advances,requests for sexual favors,and other verbal or physical conduct of a sexual nature that create an intimidating,hostile,or offensive work environment or interfere with work performance.Requests for sexual favors that are used as the basis for employment decisions are also considered sexual harassment.Consensual sex between co-workers is not considered sexual harassment.

Question 3

Which court case provided details regarding how employers could validate the relationship between screening tools and job performance?

Accepted Answer

B) In the Albemarle case,the Court provided more details on how employers could prove that tests or other screening tools relate to job performance.For example,the Court said that if an employer wants to test candidates for a job,then the employer should first clearly document and understand the job's duties and responsibilities.

Question 4

All of the following are ways for an employee to prove sexual harassment EXCEPT by proving that ________.

Accepted Answer

A) The U.S.Supreme Court held that sexual harassment law doesn't cover ordinary "intersexual flirtation." Someone can prove sexual harassment if rejecting a supervisor's sexual advances led to a demotion,firing,or altered work assignment.Sexual harassment can also be proven if a hostile work environment is created by the sexual conduct of supervisors,co-workers,or nonemployees.

Question 5

Which of the following best explains why employers win the majority of ADA cases?

Accepted Answer

B) Employers traditionally prevailed in almost all-96%-federal circuit court ADA decisions.The U.S.Supreme Court has ruled that a disability must be central to the employee's daily living (not just job) .

Question 6

Race,color,religion,sex,or national origin is a motivating factor in a termination,but the employee would have been terminated for failure to perform anyway.Which of the following most likely exists in this situation?

Accepted Answer

A) An unlawful employment practice is established when the complaining party demonstrates that race,color,religion,sex,or national origin was a motivating factor for any employment practice,even though other factors also motivated the practice.Some employers in so-called "mixed motive" cases had taken the position that even though their actions were discriminatory,other factors like the employee's dubious behavior made the job action acceptable.Under CRA 1991,an employer cannot avoid liability by proving it would have taken the same action-such as terminating someone-even without the discriminatory motive.

Question 7

Which of the following requires employers to make reasonable accommodations for disabled employees?

Accepted Answer

The Americans with Disabilities Act of 1990 requires employers to make reasonable accommodations for disabled employees. The Civil Rights Act of 1991 prohibits discrimination based on race, sex, color, religion, and national origin. The Vocational Rehabilitation Act of 1973 prohibits discrimination based on disabilities in programs that receive federal funding. The Disability Discrimination in Employment Act of 1967 is not a real law.

Question 8

Which of the following will be the most likely result of the ADA Amendments Act of 2008?

Accepted Answer

A) The new ADAA's basic effect will be to make it much easier for employees to show that their disabilities are limiting.For example,the new act makes it easier for an employee to show that his or her disability is influencing one of the employee's "major life activities." It does this by adding examples like reading,concentrating,thinking,sleeping,and communicating to the list of ADA major life activities.

Question 9

Under ADA,those who can carry out the essential functions of the job are known as which of the following?

Accepted Answer

D) The ADA prohibits discrimination against qualified individuals-those who,with (or without) a reasonable accommodation,can carry out the essential functions of the job.The individual must have the requisite skills,educational background,and experience to do the job.

Question 10

Which type of disability accounts for the greatest number of ADA claims?

Accepted Answer

B) Mental disabilities account for the greatest number of ADA claims.Under EEOC ADA guidelines,"mental impairment" includes "any mental or psychological disorder,such as ...emotional or mental illness." Drug-related conditions are generally not regarded as disabilities.

Question 11

Under the principles established by Griggs v.Duke Power Company,________ can be used as a defense for any existing program that has adverse impact.

Accepted Answer

B) Business necessity is the defense for any existing program that has adverse impact according to Griggs.The court did not define business necessity.

Question 12

All of the following are principles established by Griggs v.Duke Power Company EXCEPT ________.

Accepted Answer

B) The Court ruled in Griggs v.Duke Power Company that the burden of proof is on the employer to show that a hiring practice such as testing is job related.The Court also ruled that business necessity is the defense for any existing program that has adverse impact and that discrimination does not have to be overt to be illegal.The case did not address performance standards.

Question 13

In Griggs v.Duke Power Company,Griggs sued the power company because it required coal handlers to be high school graduates.The Supreme Court ruled in favor of Griggs because ________.

Accepted Answer

A) The Court ruled in favor of Griggs because having a high school diploma was not relevant to the job of coal handler.The Court held that an employment practice must be job related if it has an unequal impact on members of a protected class.

Question 14

Under the Civil Rights Act of 1991,once a plaintiff shows disparate impact,who has the burden of proving that the challenged practice is job related?

Accepted Answer

Once a plaintiff shows disparate impact, the burden of proving that the challenged practice is job related falls on the employer. This is known as the business necessity defense.

Question 15

An employer that acquires voice recognition software to meet the needs of a blind employee is most likely ________.

Accepted Answer

A) If an employee can't perform the job as currently structured,the employer must make a "reasonable accommodation" unless doing so would present an "undue hardship." Reasonable accommodation might include modifying work schedules,or acquiring equipment or other devices (such as voice recognition software) to assist the person.

Question 16

According to the Civil Rights Act of 1991,an employee who claims intentional discrimination can sue for all of the following EXCEPT ________.

Accepted Answer

D) According to the Civil Rights Act of 1991,an employee who claims intentional discrimination can sue for back pay,attorneys' fees,court costs,job reinstatement,punitive damages,and compensatory damages.Substantive consolidation is a legal term referring to debt consolidation.

Question 17

According to the Americans with Disabilities Act,which of the following would be considered a disability?

Accepted Answer

D) The ADA specifies conditions that it does not regard as disabilities,including homosexuality,bisexuality,voyeurism,compulsive gambling,pyromania,and certain disorders resulting from the current illegal use of drugs.The EEOC's position is that the ADA prohibits discriminating against people with HIV/AIDS.

Question 18

In which of the following situations does sexual harassment NOT violate Title VII?

Accepted Answer

C) Under Title VII,sexual harassment generally refers to harassment on the basis of sex when such conduct has the purpose or effect of substantially interfering with a person's work performance or creating an intimidating,hostile,or offensive work environment. The motivation behind the conduct is not relevant to Title VII violations.

Question 19

The ________ provides that a person who commits a crime of violence motivated by gender shall be liable to the party injured.

Accepted Answer

B) The Federal Violence Against Women Act of 1994 provides that a person who commits a crime of violence motivated by gender shall be liable to the party injured.The law offers an additional path women can use to seek relief for violent sexual harassment.

Question 20

If a person is in a protected class,he or she is protected by which of the following?

Accepted Answer

C) The term protected class refers to persons such as minorities and women who are protected by equal opportunity laws,including Title VII.Sarbanes-Oxley is not an EEO law.

Quiz 2: Equal Opportunity and the Law