Question 1

In PGA Tour,Inc.v.Martin,Martin was a golfer who sought accommodation under the Americans with Disabilities Act for a recognized disability which caused pain due to restricted blood flow between his legs and heart.He asked to use a cart which would then permit him to play full rounds of golf.The PGA responded that its rules prohibited carts during tournament play and that allowing cart use would fundamentally change the game.The court determined that:

Accepted Answer

The court determined that Martin should be allowed to use the cart because, under the circumstances, it provided little or no advantage to him and allowing the accommodation was not unreasonable nor did it fundamentally change the game. The court found that the PGA's rules prohibiting carts during tournament play violated the Americans with Disabilities Act.

Question 2

The business necessity defense is a defense to:

Accepted Answer

The business necessity defense allows an employer to justify an employment practice that has a disparate impact on a protected group if the practice is necessary for the business to operate. Therefore, it is only relevant in disparate impact cases.

Question 3

Angel is Hispanic and has applied for a job at Buckets Inc.Buckets Inc.has a workforce that is 45% Hispanic,35% black and 20% white.This closely approximates the available workforce available to Buckets.Angel is turned down for the job and is told that they have too many Hispanics,so he couldn't be hired.He is a victim of:

Accepted Answer

Angel is a victim of disparate treatment, which occurs when an individual is treated differently than others because of their protected characteristic, which in this case is race/ethnicity. The fact that the company already has a 45% Hispanic workforce does not justify Angel's rejection based on his ethnicity. This is a clear case of discrimination.

Question 4

An employee must file charges of illegal discrimination with the EEOC within ________ days of the adverse job action.

Accepted Answer

An employee must file charges of illegal discrimination with the EEOC within 180 days of the adverse job action.

Question 5

Martha and Bill have applied for teaching positions in your school's accounting department.Martha is a recent graduate with her PhD in accounting and one published paper.She has no teaching experience except for classes taught as a teaching assistant during her PhD program.Bill also has a PhD in accounting and has been teaching for five years at a major university.He has eight published papers.Both are hired as tenure track assistant professors and assigned two 101 courses and one 102 course.When Martha later discovers that Bill's salary is $10,000 higher than hers she is furious and files suit under the Equal Pay Act.Will she be successful?

Accepted Answer

Martha does not have a valid cause of action because Bill's higher salary is based on factors other than sex, such as his five years of teaching experience and more published papers, which are legitimate reasons for a salary difference under the Equal Pay Act.

Question 6

In EEOC v.Asplundh Tree Expert Co.,the court dismissed the lawsuit against the defendant because:

Accepted Answer

The court dismissed the lawsuit because the EEOC had not acted in good faith with regard to the timing and procedures they followed, which is a necessary step before filing a lawsuit.

Question 7

The Americans with Disabilities Act applies to employers with ________ employees.

Accepted Answer

The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees.

Question 8

Which of the following is not a protected class under the original Civil Rights Act of 1964?

Accepted Answer

Age was not included as a protected class under the original Civil Rights Act of 1964. It was later added as a protected class under the Age Discrimination in Employment Act of 1967.

Question 9

Tom is a city policeman and is Mr.August in the police charity calendar wearing only a pair of Speedos and a smile.Chuck is a fellow cop and a homosexual.Every opportunity that he has,Chuck brushes up against Tom and asks if Tom has ever been with a man.Chuck buys Tom gifts and leaves them by Tom's locker.Tom throws the gifts away immediately.Tom has asked Chuck to stop but Chuck just laughs and says that "I'll get you someday".Tom is and has always been a heterosexual.Tom has complained to his superiors pursuant to department policy but they claim it's just horseplay and not serious.If Tom files a complaint with the EEOC:

Accepted Answer

Tom's situation fits the criteria for hostile work environment harassment, as Chuck's persistent and unwanted sexual advances are creating a threatening, intimidating or offensive work environment for Tom. The fact that Chuck is of the same gender as Tom does not negate the validity of his harassment claim. Tom has also taken the appropriate step of informing his superiors, which should have prompted them to take action to address the harassment.

Question 10

Mike and Kathy are both tenured associate professors in a school's English Department.Kathy is constantly asking Mike out on dates,which he always refuses.He has asked her to stop asking.Furthermore,Kathy is always making provocative comments to him,telling dirty jokes and asking him about his preferences in women which embarrasses him and has caused him to lose sleep.If Mike sues the school for permitting her behavior:

Accepted Answer

If Mike had previously complained to the school about Kathy's harassment and they failed to take proper action to stop it, then he could potentially have a case against the school for permitting the behavior to continue. In this situation, the school has a responsibility to take appropriate measures to address harassment in the workplace, regardless of the genders of those involved. However, if Mike had not previously reported the harassment, it may be more difficult for him to make a case against the school.

Question 11

Which of the following inclusions in an employment advertisement would likely not be considered discriminatory?

Accepted Answer

Requiring high school graduation is not discriminatory as it is a requirement based on education level rather than age, race, gender, or any other protected category. The other options could potentially be considered discriminatory as they suggest a preference for certain age groups or genders.

Question 12

The EEOC is a _____ member commission.

Accepted Answer

The EEOC (Equal Employment Opportunity Commission) is a five-member commission. This means that the commission is made up of five individuals who are appointed by the President and confirmed by the Senate to serve as commissioners for a term of five years.

Question 13

The Equal Employment Opportunity Commission was created by the:

Accepted Answer

The Equal Employment Opportunity Commission (EEOC) was created by the Civil Rights Act of 1964. The EEOC is responsible for enforcing federal laws that prohibit discrimination against employees or job applicants on the basis of race, color, religion, sex, national origin, age, disability, or genetics.

Question 14

Which of the following is a neutral requirement that is likely to result in disparate impact?

Accepted Answer

A physical strength test may disproportionately affect certain groups, such as women or older individuals, leading to disparate impact even though it appears neutral.

Question 15

Your school's football coach has just been fired.When the athletic director informs him of the termination he tells the coach that although he has had recent winning seasons,the inability to make it into post season play and his inability to groom players for the pros has weighed prominently in the decision.He is also told that his recruiting has not been effective and that his fund raising has been disappointing.The AD then tells him that his pretty boy image makes him look too effeminate,he dresses like a nerd and that he doesn't portray the proper image of a head football coach desired by the school.Coach's best theory for pursuing a discrimination law suit is:

Accepted Answer

Mixed motives discrimination occurs when an adverse employment action is based on both discriminatory and non-discriminatory reasons. In this scenario, the coach is being fired for his performance as well as his appearance, which could be seen as discriminatory based on gender stereotypes. The fact that the athletic director made comments about the coach's appearance and mannerisms suggests that there may be some underlying bias at play. Therefore, the coach could pursue a mixed motives discrimination claim if he can show that his appearance was a motivating factor in his termination.

Question 16

Jon and Amy work for Dover Farm and Home Company.Jon and Amy are caught one day,stealing a tractor.The next day,Jon was given a verbal warning and Amy was terminated.

Accepted Answer

If both Jon and Amy committed the same offense but received different punishments, Amy could potentially claim gender discrimination unless there is a legitimate, non-discriminatory reason for the difference in treatment.

Question 17

When applying the Age Discrimination in Employment Act,the substantially younger test generally says that the younger employee must be at least ________ years younger than the terminated employee claiming discrimination.

Accepted Answer

The substantially younger test under the Age Discrimination in Employment Act typically considers a difference of at least ten years to establish a claim of age discrimination.

Question 18

Title VII applies to private sector employers with:

Accepted Answer

Title VII of the Civil Rights Act of 1964 applies to private sector employers with 15 or more employees.

Question 19

Which of the following would likely not be considered a major life activity supporting a disability claim?

Accepted Answer

While typing proficiency may be important in certain occupations, it is not typically considered a major life activity. Activities such as sitting, thinking and reasoning, and speaking are generally seen as more significant in supporting a disability claim.

Question 20

April has refereed high school and women's college soccer for ten years.She is fit,knows the rules without question and has always received excellent evaluations.When she applies to referee men's college games,the men's college referee administrator tells her that he can't use her because women won't get the player's respect and that the game looks more serious and acceptable with men refereeing.April is the victim of:

Accepted Answer

April is being treated differently based on her gender, which is an example of disparate treatment discrimination. The administrator is assuming that women referees will not get the respect of male players and that the game will be more serious and acceptable with male referees.

Quiz 12: Employment Discrimination