Question 1

Genrapay, a finance firm based in the U.S., hired Charles and Katherine as front desk receptionists. Six months into the job, Charles received a raise, whereas Katherine did not. Katherine's employers justified the pay inequity on the grounds that Charles was given extra duties that justified the extra pay. What will Katherine's employers have to prove in court in order to avoid violating Katherine's right to equal pay?

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Question 2

What facts must a plaintiff establish in order to prove a prima facie case of age discrimination involving a termination? What must the defendant establish if the plaintiff's initial burden of establishing proof has been met?

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Question 3

The Rehabilitation Act of 1973 applies only to the federal government and employers that have contracts with the federal government.

Accepted Answer

The Rehabilitation Act of 1973 is designed to protect individuals with disabilities from discrimination in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors.

Question 4

The Age Discrimination in Employment Act of 1967 does not apply to employment agencies and to unions that have at least 25 members or operate a hiring hall.

Accepted Answer

The Age Discrimination in Employment Act of 1967 applies to employment agencies and to unions regardless of the number of members or the operation of a hiring hall.

Question 5

What facts must a plaintiff establish in order to build a prima facie case charging the defendant with disparate treatment in violation of Title VII of the Civil Rights Act of 1964? What must the defendant establish if the plaintiff's initial burden of establishing proof has been met? What happens to the burden of proof if the defendant establishes a legitimate defense?

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Question 6

The Civil Rights Act of 1964 does not cover Indian tribes, private clubs, unions, and employment agencies.

Accepted Answer

The Civil Rights Act of 1964 does cover employment agencies and unions under Title VII, which prohibits employment discrimination. However, it does exempt certain private clubs and also has specific provisions regarding Indian tribes, indicating a nuanced approach rather than a blanket exclusion.

Question 7

An employee who is currently a substance abuser and whose abuse would affect job performance is protected by the Americans with Disabilities Act of 1991.

Accepted Answer

The Americans with Disabilities Act (ADA) does not protect an employee who is currently engaging in the illegal use of drugs if the employer acts on the basis of such use. However, the ADA may protect a recovering drug addict who is no longer engaging in the current use of illegal drugs.

Question 8

One of the forms of sexual harassment involves the creation of a hostile environment.

Accepted Answer

Sexual harassment that creates a hostile environment can include verbal or physical behavior that is sexually suggestive, intimidating, or offensive. Such behavior can create an environment that is intimidating, hostile, or offensive and can negatively impact an individual's job performance or well-being.

Question 9

Compare and contrast the sexual harassment laws in the U.S. and France.

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Question 10

Describe the two distinct forms of sexual harassment that have been recognized by U.S. courts.

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Question 11

With reference to the Americans with Disabilities Act of 1991, define the term disability, and mention the individuals covered by this act.

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Question 12

Circumstances such as greater availability of females and their willingness to work for lower wages do not constitute factors other than sex.

Accepted Answer

Gender-based pay discrimination occurs when gender is used as a factor in determining an employee's wages or benefits. Circumstances such as availability of female workers and their willingness to accept lower wages are still factors related to sex and can contribute to gender-based pay discrimination.

Question 13

The Equal Pay Act of 1963 was primarily designed to remedy the situations in which women, working alongside men or replacing men, were being paid lower wages for doing substantially the same job.

Accepted Answer

The Equal Pay Act of 1963 prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions.

Question 14

Skill refers to physical or mental exertion needed for performance of the job.

Accepted Answer

Skill refers to the ability to perform a task due to knowledge, practice, and aptitude, not the exertion needed for performance.

Question 15

Describe the statutory defenses that can be raised by a defendant after a plaintiff has established a prima facie case of discrimination based on disparate treatment, disparate impact, or a pattern or practice of discrimination.

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Question 16

If a wage differential is based on a bona fide seniority system, the differential is justified, and the employer is not in violation of the Bennet Amendment to the Equal Pay Act.

Accepted Answer

The Bennet Amendment to the Equal Pay Act allows for wage differentials based on a bona fide seniority system, as long as the system is not discriminatory and is applied uniformly to all employees. Therefore, such differentials are considered justified, and the employer is not in violation of the law.

Question 17

An employer found to have violated the Equal Pay Act of 1963 can remedy the violation by reducing the higher-paid workers' wages.

Accepted Answer

This statement is false. The remedy for a violation of the Equal Pay Act of 1963 is to increase the lower-paid workers' wages to the same level as the higher-paid workers performing the same job. Reducing the higher-paid workers' wages would not address the gender-based wage discrimination that is prohibited by the Equal Pay Act.

Quiz 21: Employment Discrimination