Question 1

When an employee alleges that the employer treated him/her differently because of the employee's race,religion,gender,color or national origin,the employee is using the disparate treatment theory of discrimination.

Accepted Answer

The disparate treatment theory of discrimination refers to situations where an employee is treated differently because of their race, religion, gender, color, or national origin. Therefore, if an employee alleges that their employer treated them differently based on one of these protected characteristics, they are indeed using the disparate treatment theory of discrimination.

Question 2

Questions asked during idle conversational chat during preemployment interviews or included on job applications may unwittingly be the basis for Title VII claims of disparate impact.

Accepted Answer

Questions that seem harmless or idle can still result in discrimination claims if they disproportionately impact a protected class (such as race, gender, religion, etc.). It's important for employers to carefully consider the questions they ask during the hiring process to avoid any potential legal issues.

Question 3

Jay Foster was employed as an auto mechanic with Madison & Sons Auto Shop.Mr.Madison employed 30 mechanics in each of his facilities in Denver,Colorado.Jay was the only African American mechanic and he had been employed by Mr.Madison for approximately 9 years.He had applied for a promotion to chief mechanic on 4 separate occasions and each time,the promotion had been given to a white male with less seniority and less experience.After being denied the promotion for the 5th time,Jay filed a claim with EEOC.Jay's employment was terminated after the EEOC contacted Mr.Madison concerning the claim.

Accepted Answer

Mr. Madison may be found liable for both discrimination based on race and violation of the anti-retaliation provisions in the Civil Rights Act of 1964. Discrimination may be inferred from the fact that Jay was the only African American mechanic and was denied a promotion on multiple occasions despite having more seniority and experience than some of the white male mechanics who were promoted. Furthermore, Jay's employment was terminated after he filed a claim with EEOC, which can be seen as retaliation for exercising his rights under the Civil Rights Act of 1964. Therefore, Mr. Madison may be found liable for both discrimination and retaliation.

Question 4

Carol Jones,a U.S.citizen,was employed with MET,Inc.in its London office.Met Inc.is a Delaware corporation with its principle place of business in New York.Ms.Jones was recently laid off,and she believes she was a victim of racial discrimination.Ms.Jones

Accepted Answer

The answer of Carol Jones,a U.S.citizen,was employed with MET,Inc.in its...

Question 5

Harassment claims are afforded a more flexible statute of limitations period than other forms of discrimination.

Accepted Answer

Harassment claims fall under Title VII of the Civil Rights Act, which has a general statute of limitations of 180 days (or 300 days in certain states) to file a charge with the Equal Employment Opportunity Commission (EEOC). However, courts have recognized that the continuing nature of harassment can make it difficult for victims to come forward within a short time frame. Therefore, they have allowed for the possibility of a "hostile work environment" claim, which extends the statute of limitations to 180 days from the last occurrence of the harassing behavior. This allows employees who may have been subjected to a pattern of harassment over a longer period of time to still file a legal claim.

Question 6

The Pregnancy Discrimination Act of 2007 expanded Title VII's coverage by adding discrimination on the basis of pregnancy as a type of gender discrimination.

Accepted Answer

The Pregnancy Discrimination Act was actually passed in 1978, not 2007. It amended Title VII of the Civil Rights Act to specifically prohibit discrimination based on pregnancy, childbirth, or related medical conditions.

Question 7

Elijah Murphy studied voice,opera and Jewish liturgical music at the Southern Baptist Theological Seminary.After he graduated,he applied for a job as a cantor (i.e.,professional singer who leads prayer services)at the Nashville Downtown Synagogue.The synagogue responded that he was not qualified for the position and refused to consider him for the job because he is not Jewish.

Accepted Answer

The ministerial exception applies to discrimination claims brought by employees who have religious responsibilities, such as a cantor, against their religious employer, such as a synagogue. The exception allows the employer to assert a defense against the employee's claim, which is typically successful. Therefore, Elijah has a prima facie case of discrimination, but the synagogue can successfully assert the ministerial exception defense to Title VII.

Question 8

The bona fide occupational qualification defense (BFOQ)can be used by the employer to defend Title VII discrimination claims when the basis is

Accepted Answer

The answer of The bona fide occupational qualification defense (BFOQ)can...

Question 9

The Civil Rights Act of 1964 prohibits discrimination

Accepted Answer

The answer of The Civil Rights Act of 1964 prohibits...

Question 10

Nemo Gill was hired by the Spectacular Tropical Aquarium and agreed to submit any disputes arising out of his employment to binding arbitration.Nemo was fired when he became a "Rastafarian" and urged his co-workers to become vegetarians and smoke ganja.Without waiting for the results of the arbitration,Nemo filed a complaint alleging religious discrimination with the EEOC.The EEOC quickly filed a lawsuit on his behalf.Spectacular moved to have the EEOC's lawsuit dismissed on the grounds that Nemo signed a valid arbitration agreement.

Accepted Answer

Even if Nemo agreed to submit disputes to binding arbitration, the EEOC can still file a lawsuit on his behalf if they believe there has been a violation of his civil rights. The enforcement of the arbitration agreement would be determined by the court.

Question 11

An employee may file a lawsuit against his/her former employer even if the EEOC did not find justification for the claim of discrimination.

Accepted Answer

The EEOC's determination is not binding, and an employee has the right to file a lawsuit against their former employer, with or without the EEOC's findings.

Question 12

Claims for discrimination filed with a 706 agency must be filed within ____ days of the incident giving rise to the claim.

Accepted Answer

The answer of Claims for discrimination filed with a 706...

Question 13

Karen Rogers was employed at the Pentagon as manager of the Purchasing Department.Prior to the arrival of her new supervisor in June of 2004,she received the highest employee rating on her yearly evaluation.Her new supervisor,John Lincoln,had been overheard saying that he did not believe that women were smart enough to manage a department.Six months later,Karen was fired for poor work performance.If she wins her claim for gender discrimination,Karen may be entitled to I back pay
II reinstatement to her former position
III punitive damages

Accepted Answer

Karen may be entitled to back pay and reinstatement to her former position if she wins her claim for gender discrimination. However, punitive damages would only be awarded if there was evidence of intentional discrimination or malice on the part of John Lincoln. The information provided does not indicate such evidence. Therefore, option A and C can be excluded. Hence, option B is the best choice.

Question 14

The 1964 Civil Rights Act was passed the year after the historic March on Washington led by the late Rev.Dr.Martin Luther King,Jr.

Accepted Answer

The 1964 Civil Rights Act was indeed passed the year after the March on Washington.

Question 15

If Sally's employer subjects her to more severe discipline for an act of misconduct than a similarly situated fellow employee not in her protected group for the same act of misconduct,Sally is being subjected to disparate treatment discrimination.

Accepted Answer

This scenario describes disparate treatment discrimination, which occurs when someone is treated differently based on a protected characteristic such as race, gender, or age. In this case, Sally is being treated differently than a similarly situated employee who is not in her protected group, which is unlawful discrimination.

Question 16

An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate,nondiscriminatory reason for the action taken regarding the charging party.

Accepted Answer

This is known as the "burden shifting" framework in Title VII cases. The employer can show a legitimate reason for the action taken, and the burden then shifts to the charging party to show that the reason is a pretext for discrimination.

Question 17

U.S.citizens employed outside the U.S.by foreign employers are protected against workplace discrimination by Title VII.

Accepted Answer

The answer of U.S.citizens employed outside the U.S.by foreign employers...

Question 18

Major Industries has a published workplace policy that reads:"Promotions to the level of supervisor and higher are limited to individuals with at least a bachelor's degree from an accredited college or university."

Accepted Answer

This policy could have a disparate impact on protected groups if statistics show that a significant number of individuals disproportionately affected by the policy belong to a protected group. In such a case, Major Industries would have to prove that the policy is necessary for their business to defend against a claim of discrimination.

Question 19

Every successful claimant in a Title VII case is eligible to receive

Accepted Answer

The answer of Every successful claimant in a Title VII...

Question 20

Federal employee claims of discrimination are filed through the EEOC.

Accepted Answer

The answer of Federal employee claims of discrimination are filed...

Quiz 2: The Employment Law Toolkit: Resources for Understanding the Lawand Recurring Legal Concepts