Question 1

To require employees to retire at age 70 would usually violate the Age Discrimination in Employment Act.

Accepted Answer

The Age Discrimination in Employment Act prohibits discrimination against employees over the age of 40, including policies that require mandatory retirement at a certain age. Therefore, requiring employees to retire at age 70 would usually violate this law.

Question 2

The Age Discrimination in Employment Act prohibits discrimination in employment against individuals over the age of 50.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals who are 40 years of age or older, not specifically over the age of 50.

Question 3

Choosing to promote a younger person rather than an older person, because the older person is likely to retire in several years, may violate the Age Discrimination in Employment Act.

Accepted Answer

The Age Discrimination in Employment Act prohibits discrimination based on age, and choosing to promote or not promote someone based on their age is a form of age discrimination. Therefore, choosing to promote a younger person solely because the older person is close to retirement may be considered illegal.

Question 4

Employers may not discriminate in employment based on genetic information.

Accepted Answer

This is a provision under the Genetic Information Nondiscrimination Act (GINA) passed in 2008, which prohibits employers from using genetic information in making employment decisions.

Question 5

The EEOC enforces a law prohibiting discrimination in employment based on genetic information.

Accepted Answer

This is true. The law is called the Genetic Information Nondiscrimination Act (GINA) and it prohibits employers from using an individual's genetic information to make employment decisions such as hiring, firing, promotions, or compensation. The EEOC is responsible for enforcing this law.

Question 6

The Supreme Court has held that teasing and roughhousing, that has sexual content, will normally lead to liability on the part of an employer.

Accepted Answer

The answer of The Supreme Court has held that teasing...

Question 7

If the EEOC, responding to a complaint, does not file a discrimination suit, the employee has lost the chance to have the matter considered in court.

Accepted Answer

Even if the EEOC does not file a discrimination suit, the employee still has the right to file a private lawsuit in court. The EEOC's decision not to file a suit does not bar the employee from pursuing legal action.

Question 8

A person who thinks they have been the victim of discrimination in employment must file a complaint within 100 days or lose the right.

Accepted Answer

In the United States, a person who believes they have been the victim of employment discrimination generally must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days from the day the discrimination occurred. In states where there is a state or local anti-discrimination law, the deadline may be extended to 300 days.

Question 9

Employers are permitted to differentiate among job applicants to make hiring decisions. The constraint the federal government puts on this process is that it limits the grounds upon which an employer may differentiate.

Accepted Answer

The federal government prohibits employers from discriminating against job applicants on the basis of certain protected characteristics such as race, gender, age, religion, and disability, among others. Therefore, while employers may differentiate among job applicants to make hiring decisions, they may only do so based on legitimate job-related criteria.

Question 10

If an employer pays women greater retirement benefits than it pays its male employees, because the employer knows that women, on average, live longer than men, this is likely to be illegal disparate treatment.

Accepted Answer

This scenario constitutes illegal disparate treatment because it involves treating employees differently based on their gender, which is prohibited under laws such as Title VII of the Civil Rights Act of 1964 in the United States and similar legislation in other jurisdictions.

Question 11

EEOC offices file suits against employers after a complaint of discrimination covered by Title VII has been sworn out by a protected person.

Accepted Answer

The answer of EEOC offices file suits against employers after...

Question 12

If an employer makes an employee's working conditions "intolerable" due to racial harassment, so the employee resigns, there may be a Title VII discrimination suit that is called disparate treatment.

Accepted Answer

Disparate treatment occurs when an employer treats an employee differently based on a protected characteristic, such as race, and it results in an adverse employment action. If an employee resigns due to intolerable working conditions caused by racial harassment, it could be considered a form of disparate treatment and a violation of Title VII of the Civil Rights Act.

Question 13

The EEOC receives almost 22,000 Title VII complaints each year.

Accepted Answer

The answer of The EEOC receives almost 22,000 Title VII...

Question 14

The Age Discrimination in Employment Act provides weaker protections and remedies for people discriminated against in employment on the basis of age, than are provided to the classes protected under Title VII.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) provides strong protections against age discrimination similar to those provided under Title VII for other forms of discrimination. Both laws offer remedies and enforce protections against discrimination, although they cover different types of discrimination (age vs. race, color, religion, sex, and national origin).

Question 15

If the EEOC believes a Title VII complaint has at least some merit, they give the person bringing the complaint a "right-to-sue" letter.

Accepted Answer

If the EEOC believes a Title VII complaint has at least some merit, they will give the person bringing the complaint a "right-to-sue" letter, which authorizes them to file a lawsuit in federal court.

Question 16

Because of common health problems among older people, an employer may require older employees to have annual physical exams as a condition of employment.

Accepted Answer

Requiring annual physical exams based solely on age is illegal age discrimination under the Age Discrimination in Employment Act (ADEA). Employers may only require exams if they are job-related and consistent with business necessity.

Question 17

The Supreme Court has held that, when reviewing sexual harassment cases, one should use the perspective of a reasonable person in the same circumstances.

Accepted Answer

The Supreme Court has made clear in multiple cases, such as Harris v. Forklift Systems and Faragher v. City of Boca Raton, that the standard for determining whether conduct constitutes unlawful sexual harassment is whether a reasonable person in the same or similar circumstances would find it to be so.

Question 18

It would be age discrimination for an employer to advertise that it wants to hire a young, dynamic person for a position working with young people that requires a high-level of energy and the ability to relate to teenagers.

Accepted Answer

This could be considered age discrimination because it implies a preference for younger employees, which could unfairly exclude older candidates who may possess the required energy and ability to relate to teenagers.

Question 19

When a person believes she or he has been the victim of discrimination covered by Title VII, the first step is to file a complaint with the federal or a state equal employment opportunity agency.

Accepted Answer

This is true. Filing a complaint with the federal or a state equal employment opportunity agency is the first step in seeking recourse for discrimination under Title VII.

Question 20

A person age 19 may not claim protection under the Age Discrimination in Employment Act.

Accepted Answer

The Age Discrimination in Employment Act protects individuals who are age 40 or older from employment discrimination based on their age.

Quiz 16: Employment Discrimination