Question 1

An argument made by an employer that the decisions to hire, fire, promote, or layoff any employee is based on sound business rationale and not the individual's protected class status:

Accepted Answer

The term "legitimate nondiscriminatory reason" is used to describe a rationale provided by an employer for making employment decisions (such as hiring, firing, promoting, or laying off employees) that is based on valid business reasons rather than on the basis of an individual's protected class status (such as race, gender, age, etc.). This concept is often used in legal contexts to defend against claims of discrimination.

Question 2

Which court case directly deals with BFOQs?

Accepted Answer

Diaz v. Pan American Airways is the case that directly deals with Bona Fide Occupational Qualifications (BFOQs), specifically addressing the issue of gender as a qualification for a job, in this case, flight attendant positions.

Question 3

What method of establishing a Title VII violation is set forth in the Supreme Court decision McDonnell Douglas Corp.v.Green decision?

Accepted Answer

The McDonnell Douglas Corp. v. Green decision established the burden shifting method for establishing a Title VII violation. This method involves an initial burden on the plaintiff to establish a prima facie case of discrimination, after which the burden shifts to the employer to articulate a legitimate, non-discriminatory reason for the employment action. If the employer does so, the burden shifts back to the plaintiff to prove that the employer's reason was a pretext for discrimination.

Question 4

Compensatory and punitive damages are restricted to cases involving:

Accepted Answer

Compensatory and punitive damages are restricted to cases involving disparate treatment, where an individual alleges that they were treated differently based on a prohibited factor such as race, color, religion, sex, or national origin.

Question 5

__________ employment decision occurs when, during a selection process, both legitimate and illegitimate reasons are used in making the final decision.

Accepted Answer

A mixed motive employment decision involves both legitimate and illegitimate reasons in the final decision-making process.

Question 6

__________ means that the employer has tried to hide its unlawful discrimination by fabricating an apparently legitimate justification for its actions.

Accepted Answer

Pretext refers to a false reason given for an action, which is used to cover up the true motives or intentions. In the context of employment discrimination, it means the employer has provided a seemingly legitimate reason for an action (such as firing or not hiring someone) to hide the actual discriminatory motive.

Question 7

Which is a legitimate nondiscriminatory reason?

Accepted Answer

A legitimate nondiscriminatory reason for employment decisions can include job-related education that is directly applicable to the job in question, as it directly relates to the qualifications and skills necessary for performing the job effectively.

Question 8

Using the burden shifting method, who has the responsibility of providing initial evidence indicating that Title VII may have been violated?

Accepted Answer

The complaining party (often the employee or applicant) bears the initial responsibility of providing evidence suggesting that Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination, may have been violated. This starts the burden-shifting process in discrimination claims.

Question 9

If mixed motive is proven, and the employer can establish that he or she would have arrived at the same employment decision based on nondiscriminatory reasons, the employer's liability is limited to:

Accepted Answer

In cases of mixed motive, where an employer can show they would have made the same decision for nondiscriminatory reasons, liability is limited to remedies that do not include monetary damages for things like emotional distress or punitive damages. This typically includes injunctive and declaratory relief to prevent future discrimination, as well as covering the plaintiff's legal costs.

Question 10

Which is not a criterion which must be satisfied in order to establish a prima facie case under the burden shifting method?

Accepted Answer

The criteria for establishing a prima facie case under the burden shifting method typically include being a member of a protected class, being qualified for the job position, and that a similarly-situated individual outside the protected class was treated more favorably. Filing in a timely manner is related to procedural requirements for bringing a claim forward, not to the substantive criteria for establishing a prima facie case of discrimination.

Question 11

The use of BFOQs in employment decisions is specifically authorized by:

Accepted Answer

The Civil Rights Act of 1964 specifically authorizes the use of Bona Fide Occupational Qualifications (BFOQs) in employment decisions, allowing employers to hire and employ individuals on the basis of their religion, sex, or national origin in instances where those characteristics are a BFOQ reasonably necessary to the normal operation of that particular business or enterprise.

Question 12

Under which protected class is a BFOQ not permitted?

Accepted Answer

Bona Fide Occupational Qualifications (BFOQs) allow discrimination in hiring based on the nature of the job (e.g., sex, religion, national origin) when it is reasonably necessary to the normal operation of that particular business. However, race can never be considered a BFOQ under any circumstances according to U.S. law.

Question 13

__________ is money awarded by a court for lost compensation during the period between judgment and actual reinstatement, or instead of the reinstatement.

Accepted Answer

Front pay is awarded by a court for the lost compensation during the period between judgment and actual reinstatement, or instead of reinstatement, when reinstatement is not feasible.

Question 14

__________ refers to instances where a court orders an employer to hire an applicant who was unlawfully discriminated against.

Accepted Answer

Reinstatement is when a court orders an employer to rehire an individual, often in cases of unlawful discrimination or wrongful termination, correcting the injustice by restoring the individual's employment status.

Question 15

__________ is the means by which a court prevents the violation of a legal right, or compensates for the violation of that right.

Accepted Answer

A remedy is the means by which a court enforces a right, imposes a penalty, or makes another court order to impose its will.

Question 16

Under Title VII, it is unlawful to treat employees differently because of:

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin.

Question 17

When the court orders an employer to cease and desist unlawful practices, this is:

Accepted Answer

Injunctive relief is a legal remedy ordered by the court requiring a party to do or to refrain from doing certain acts. When a court orders an employer to cease and desist unlawful practices, it is granting injunctive relief to prevent further illegal activity or harm.

Question 18

To establish a prima facie case of disparate treatment using the McDonnell Douglas burden shifting method, one must first demonstrate:

Accepted Answer

To establish a prima facie case of disparate treatment under the McDonnell Douglas framework, the plaintiff must show they are a member of a protected class, among other criteria.

Question 19

When is a violation of Title VII proven?

Accepted Answer

A violation of Title VII is proven when the employer's rebuttal fails to provide a legitimate, non-discriminatory reason for the alleged discriminatory action, after the complaining party has established a prima facie case.

Question 20

Which is a legal reason for discharging an employee in a normal employment setting?

Accepted Answer

Poor performance is a legitimate and legal reason for an employer to discharge an employee, as it directly relates to the employee's ability to fulfill their job duties.

Quiz 3: Intentional Discrimination: Disparate Treatment