Question 1

Veronica is a repairperson for Wind Power Company. The job requires traveling to remote areas to make repairs to windmills, transmission towers, and power stations under any conditions. Veronica has had the job longer than other employees. Veronica applies for a promotion to a supervisory position that requires constant communication with others in the field. Wind Power rejects the application on the ground that Veronica is hearing impaired. Wind Power acknowledges that Veronica is otherwise qualified, but asserts that it "needs someone who does not have a hearing problem." Veronica files a suit against Wind Power under the Americans with Disabilities Act. What is the issue, and what are the relevant considerations on which its resolution depends?​

Accepted Answer

The answer of Veronica is a repairperson for Wind Power...

Question 2

Benny files a suit in a federal district court against the state of California, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

Accepted Answer

States are immune from suits filed by individuals in federal court without their consent under the Eleventh Amendment to the U.S. Constitution, which prevents federal courts from hearing cases filed against states by citizens of another state or foreign country. Therefore, the court is most likely to rule that the state is immune from the suit.

Question 3

Jon, a paraplegic, applies for a job as a disk jockey with KLKT, a local radio station. The station's manager says, "Sorry, man. You meet all our requirements. But we need someone who can move around the broadcast studio without accommodation." Most likely, Jon could recover from the station under​

Accepted Answer

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability in employment, among other areas. Jon's paraplegia qualifies as a disability under the ADA, and the radio station's requirement that he be able to move around the studio without accommodation potentially violates the ADA's reasonable accommodation requirement. Therefore, Jon could file a complaint and potentially recover from the station under the ADA.

Question 4

Ian is an alcoholic who has completed a supervised substance-abuse rehabilitation program. Jerry is often bored with the repetitiveness of her job. Kit reports to work when she "feels like working." Considered to have a disability under the Americans with Disabilities Act is

Accepted Answer

Ian is considered to have a disability under the Americans with Disabilities Act because he is an alcoholic who has completed a supervised substance-abuse rehabilitation program. Alcoholism is considered a disability under the ADA. Jerry's boredom with her job and Kit's sporadic work attendance are not considered disabilities under the ADA.

Question 5

Helene, a disabled person, applies for a job at Industrial Engineering Applications Inc. for which she is well qualified, but for which she is rejected. Industrial Engineering continues to seek applicants and eventually fills the position with a person who is not disabled. Helene is most likely to succeed in a suit against Industrial Engineering for discrimination under the Americans with Disabilities Act if she can show that

Accepted Answer

The Americans with Disabilities Act prohibits discrimination against individuals with disabilities in employment. Helene is most likely to succeed in a suit against Industrial Engineering if she can show that she was not hired solely because of her disability. This is the main criteria for proving discrimination under the ADA. The other options (B, C, and D) are not relevant in this case.

Question 6

Fact Pattern 25-3
​Artur, who has a disability, is an employee of Banquet & Event Facilities & Services, Inc. After the installation of new doors on the entrance to Banquet's hall, Artur finds it nearly impossible to enter and exit. For repeatedly failing to be on time, Banquet replaces Artur with Carter, who does not have a disability.
-Refer to Fact Pattern 25-3. To successfully defend against Artur's claim, Banquet will have to show that

Accepted Answer

Banquet would need to demonstrate that accommodating Artur by modifying the doors would cause undue hardship, which is a key defense under the Americans with Disabilities Act (ADA).

Question 7

Fact Pattern 25-2
​Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC).
-Refer to Fact Pattern 25-2. To succeed with an age-discrimination claim against MVMC, Lomax will have to show that​

Accepted Answer

To succeed with an age-discrimination claim, Lomax will have to show that he is qualified for his job and that the reason for his termination was solely due to his age. The fact that Kyla replaced him does not automatically prove discrimination. It is possible that Kyla is also qualified for the job, and there may have been legitimate reasons for Lomax's termination. The other answer choices are not relevant to proving age discrimination.

Question 8

Solar Power Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school education and job performance. In a suit against Solar Power under the Civil Rights Act, this is shown to have a discriminatory effect. Solar Power has​

Accepted Answer

The answer of Solar Power Panels Corporation requires its employees...

Question 9

Lingerie Closet, a women's clothing store, employs female attendants to assist customers in the dressing rooms. Mark, a forty-one-year-old male, applies for an attendant's job, but is not hired. In Mark's suit against Lingerie Closet for employment discrimination under Title VII, the store has

Accepted Answer

Lingerie Closet can use a bona fide occupational qualification defense, as the job of attendant has been traditionally held by females, and the store may argue that female attendants are necessary to preserve the atmosphere and comfort level of the store for its customers.

Question 10

Eliana and Fausto work on the loading dock for Grange Co-op Crop Storage. Fausto has a disability. Eliana has seniority. Fausto requests a transfer, which would represent an accommodation for his disability. But when an opening occurs, Grange transfers Eliana on the basis of her seniority. Most likely​

Accepted Answer

Eliana's seniority is a valid defense for Grange's action. While Fausto's disability may require accommodation, seniority is also considered a legitimate factor in employment decisions. As long as the accommodation does not violate the rights of others, employers are allowed to consider other factors such as seniority or business necessity in employment decisions. Therefore, Eliana's transfer based on seniority does not appear to be illegal.

Question 11

Sweet Air Filtration Products Company, a major supplier of air filters sold throughout the United States, employs one hundred workers at its principal manufacturing plant. The plant is located in Thunder Bay, which has a population that is 50 percent white and 25 percent African American, with the balance Hispanic American, Asian American, and others. Sweet Air requires a high school diploma as a condition of employment for its cleaning crew. Three-fourths of the white population completed high school, compared with only one-fourth of those in the minority groups. Sweet Air has an all-white cleaning crew. Has Sweet Air violated the Civil Rights Act? Explain.

Accepted Answer

The answer of Sweet Air Filtration Products Company, a major...

Question 12

Fact Pattern 25-3
​Artur, who has a disability, is an employee of Banquet & Event Facilities & Services, Inc. After the installation of new doors on the entrance to Banquet's hall, Artur finds it nearly impossible to enter and exit. For repeatedly failing to be on time, Banquet replaces Artur with Carter, who does not have a disability.
-Refer to Fact Pattern 25-3. To succeed with a claim against Banquet under the Americans with Disabilities Act, Artur will have to show that​

Accepted Answer

Artur will have to show that Banquet refused to make reasonable accommodation for his disability, specifically with regards to the doors that were installed. The fact that Banquet replaced Artur with someone who does not have a disability is not the basis for an ADA claim, as the law does not require a company to keep an employee who consistently fails to meet the essential requirements of their job. The qualifications of the replacement employee are also not relevant to Artur's claim. The installation of the doors may have been done without considering Artur's disability, but it does not necessarily constitute intentional discrimination.

Quiz 25: Employment Discrimination

Benny files a suit in a federal district court against the state of California, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

Jon, a paraplegic, applies for a job as a disk jockey with KLKT, a local radio station. The station's manager says, "Sorry, man. You meet all our requirements. But we need someone who can move around the broadcast studio without accommodation." Most likely, Jon could recover from the station under

Ian is an alcoholic who has completed a supervised substance-abuse rehabilitation program. Jerry is often bored with the repetitiveness of her job. Kit reports to work when she "feels like working." Considered to have a disability under the Americans with Disabilities Act is

Fact Pattern 25-2 Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 25-2. To succeed with an age-discrimination claim against MVMC, Lomax will have to show that

Solar Power Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school education and job performance. In a suit against Solar Power under the Civil Rights Act, this is shown to have a discriminatory effect. Solar Power has

Lingerie Closet, a women's clothing store, employs female attendants to assist customers in the dressing rooms. Mark, a forty-one-year-old male, applies for an attendant's job, but is not hired. In Mark's suit against Lingerie Closet for employment discrimination under Title VII, the store has

Quiz 25: Employment Discrimination

Benny files a suit in a federal district court against the state of California, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

Ian is an alcoholic who has completed a supervised substance-abuse rehabilitation program. Jerry is often bored with the repetitiveness of her job. Kit reports to work when she "feels like working." Considered to have a disability under the Americans with Disabilities Act is

Fact Pattern 25-2 ​Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 25-2. To succeed with an age-discrimination claim against MVMC, Lomax will have to show that​

Solar Power Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school education and job performance. In a suit against Solar Power under the Civil Rights Act, this is shown to have a discriminatory effect. Solar Power has​

Lingerie Closet, a women's clothing store, employs female attendants to assist customers in the dressing rooms. Mark, a forty-one-year-old male, applies for an attendant's job, but is not hired. In Mark's suit against Lingerie Closet for employment discrimination under Title VII, the store has

Fact Pattern 25-2 Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 25-2. To succeed with an age-discrimination claim against MVMC, Lomax will have to show that

Solar Power Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school education and job performance. In a suit against Solar Power under the Civil Rights Act, this is shown to have a discriminatory effect. Solar Power has