Question 1

Kim, a CPA, works for a small accounting firm consisting of two managing partners, six accountants, and four secretaries. During a skiing vacation, Kim has a serious fall and is paralyzed from the waist down. While she cannot walk, her mind is not affected and she is 100 percent capable of performing her accounting duties. She has asked the firm to widen the aisles between cubicles so that she can maneuver her wheelchair and to provide a special desk that is wheelchair friendly. These accommodations would cost less than $1,000.

Accepted Answer

The ADA applies to companies of 15 or more employees, so the employer and employees do not fall under coverage of the act.

Question 2

Ben has just been diagnosed with diabetes. He has the disease under control through diet, exercise, and drugs. He is an assistant manager at a chain department store, and he is fully capable of performing all of his job functions and needs no accommodations. Ben rides a bicycle over 100 miles per week, participates in half marathons, and regularly works out at the YMCA. When he applies for a promotion to manage a store in the chain, he is turned down because his superiors are concerned that his diabetes could affect his job performance. Is Ben disabled, and does the Americans with Disabilities Act afford him any protections?

Accepted Answer

The answer of Ben has just been diagnosed with diabetes....

Question 3

Which of the following would be valid grounds to recognize and apply a bona fide occupational qualification?

Accepted Answer

BFOQs may not be based on customer preference except when personal privacy or modesty is at issue, and safety issues are to be decided by the employee, not the employer.

Question 4

Amanda works in an office environment with 50 employees. Once or twice a week, her boss Alan tells her she has great legs and that she should wear shorter skirts. He also tells her to let loose and open another button on her blouse once in a while. She asks him to stop and continues to wear knee-length skirts and keep her blouse buttoned to the neck. He never touches her and he never makes these comments when someone else can hear. When she gets her performance appraisal from Alan, he gives her an excellent evaluation and a raise. After listening to Alan for six months, she files a complaint with the EEOC.

Accepted Answer

No economic or other detriment need be proved other than an unwanted pervasive harassment resulting in a hostile environment.

Question 5

Name the four elements that must be proved to establish a prima facie case of disparate treatment in hiring under the McDonnell Douglas standard.

Accepted Answer

The answer of Name the four elements that must be...

Question 6

What are the four defenses available to an employer under the Equal Pay Act that will permit different levels of pay between men and women?

Accepted Answer

The answer of What are the four defenses available to...

Question 7

What procedures or policies should employers implement to protect themselves from charges of discrimination even when firing an employee for misconduct?

Accepted Answer

The answer of What procedures or policies should employers implement...

Question 8

Tom is a cop and has a reputation for being one of the toughest men in the precinct. He regularly hangs out with the guys and flirts with the women. After two years he announces that he is gay and always has been. A week later he is fired when his lieutenant announces that he can't trust a gay person and feels too uncomfortable around him. If Tom files a discrimination complaint with the EEOC, what will be the outcome?

Accepted Answer

The answer of Tom is a cop and has a...

Question 9

Once the plaintiff has established a prima facie case under the McDonnell Douglas standard and the defendant has presented justification for the actions taken, the plaintiff must now prove any of the following except:

Accepted Answer

Mixed motives discrimination is a separate issue not directly associated with disparate treatment cases.

Question 10

Robin has just graduated with an MS in elementary education. He sends his résumé to a number of school boards, and one writes back offering an interview for a kindergarten position. When Robin arrives at the interview, it is obvious that the interviewers had expected a female. They ask a few general questions and conclude the interview. Two days later he gets a rejection letter. He later finds out that a female applicant with only a bachelor's degree was hired. He believes that he has been discriminated against due to sex, and he files a complaint with the EEOC. The school district defends by saying that kindergarten teachers are traditionally female and that the parents' preference is for a female to conduct the class. Is the school board justified in its actions, and will its defense be effective?

Accepted Answer

The answer of Robin has just graduated with an MS...

Question 11

Mohammed has applied for a custodial job and has been rejected. He believes that his rejection is because of his Arab heritage. He is able to show two years of custodial experience and has successfully performed each of the jobs listed on the position's job description. He subsequently discovers that the job continued to be advertised after his rejection. When he files a complaint alleging disparate impact discrimination with the EEOC, the employer asserts that Mohammed did not meet the qualifications, which included a minimum of 10 years' experience and a high school degree. How should the court decide this case?

Accepted Answer

The answer of Mohammed has applied for a custodial job...

Question 12

What was the justification for, and the purpose of, the Lilly Ledbetter Fair Pay Act of 2009?

Accepted Answer

The answer of What was the justification for, and the...

Question 13

In a disparate impact case, if an employer can show that a challenged employment practice is job-related and consistent with business necessity, the plaintiff can still win by showing that:

Accepted Answer

If a reasonable alternative method is available that will eliminate discriminatory impact, the employer is required to use it.

Question 14

In Enriquez v. West Jersey Health Systems, the plaintiff began an external transformation from male to female. When her contract was not renewed, she brought suit claiming discrimination.

Accepted Answer

Enriquez's transformation was not a gender issue under Title VII; however, state law may expand the federal law, and the New Jersey law protected Enriquez.

Question 15

The Uniform Guidelines on Employee Selection Criteria says that discrimination is likely if the pass rate of any protected class is less than ________ of the pass rate of the most successful race, sex, or other protected class tested.

Accepted Answer

The rule says that if a class's pass rate is less than 80 percent of the most successful class passing a test, the test is considered discriminatory unless evidence to the contrary can be provided by the employer.

Question 16

In Ricci v. DeStefano, Ricci, a white firefighter, took and passed the City of New Haven firefighter's test, required of all applicants for promotion in the city's fire department. The test was thrown out when it was discovered that minorities scored poorly and the city feared a disparate impact-based lawsuit.

Accepted Answer

If a test is valid, disparate impact cannot be claimed simply because of poor scoring by a particular group.

Question 17

Dr. Augustus is a professor at a university and is up for tenure. He is a black male of African heritage and speaks with a very strong and very difficult-to-understand accent. When upset or excited, his accent becomes incomprehensible. When his tenure committee reviews his credentials, it finds that he meets and exceeds the publication record required of a person applying for tenure. The committee also sees that his student evaluations are consistently negative, citing an inability to communicate his ideas to students, constant lateness to class, and unexplained essay grading that appears to be arbitrary. The evaluations also claim that he rarely maintains appropriate office hours and won't provide assistance to students. Peer and supervisor evaluations indicate his unwillingness to contribute to committee work and a general lack of camaraderie. His accent has been addressed, but he has constantly rejected any suggestions to improve his communication skills. It is recommended that he be denied tenure. Subsequent committees come to similar conclusions, and he is given a termination contract. Reasons given include his inability to communicate, his refusal to work with students, his failure to maintain office hours, and his refusal to work with other faculty. Dr. Augustus believes that he has been denied tenure primarily due to his race and African heritage and files a claim with the EEOC. When the EEOC investigates, it finds numerous black faculty members of African heritage, many with pronounced accents, both tenure track and tenured. Has Dr. Augustus been discriminated against? Why or why not?

Accepted Answer

The answer of Dr. Augustus is a professor at a...

Question 18

Your school's police/security force requires that all officers be over 6 feet and over 200 pounds. This requirement creates a:

Accepted Answer

Because women tend to be smaller than men, this requirement, although neutral on its face, discriminates against women because most will be automatically disqualified.

Question 19

The Equal Pay Act is an amendment to the:

Accepted Answer

The EPA amends the FLSA and is characterized as an antidiscrimination statute.

Question 20

Under what conditions may an employer be held responsible to an aggrieved employee for sexual harassment committed by a co-worker even if the employer is completely unaware of and had no actual knowledge of the illegal conduct.

Accepted Answer

The answer of Under what conditions may an employer be...

Quiz 13: Employment Discrimination