Question 1

Merlin is a drug addict who has completed a supervised drug-rehabilitation program. Nabil used drugs casually in the past. Both work for Omni Insurance & Investments Inc. Considered to have a disability under the Americans with Disabilities Act of 1990

Accepted Answer

The answer of Merlin is a drug addict who has...

Question 2

Free-Flo Pipes & Plumbing Corporation is a private employer in?volved in an employment discrimination suit under the Civil Rights Act of 1964. Punitive damages may be recovered against Free-Flo only if the employer

Accepted Answer

According to the Civil Rights Act of 1964, punitive damages may only be awarded in cases of intentional discrimination and only if the employer acted with malice or reckless indifference. Therefore, option A is the correct answer. The other options are not relevant to the criteria for awarding punitive damages.

Question 3

Helene, a disabled person, applies for a job at Industrial Engineering Applications Inc. for which she is well quali?fied, but for which she is rejected. Industrial Engineering continues to seek applicants and eventually fills the posi?tion 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 of 1990 if she can show that

Accepted Answer

Helene is most likely to succeed in a suit against Industrial Engineering for discrimination under the Americans with Disabilities Act of 1990 if she can show that she was not hired solely because of her disability. The ADA prohibits employment discrimination against qualified individuals with disabilities who can perform the essential functions of the job with or without reasonable accommodation. If Helene can show that her disability was the determining factor in not being hired and that she was otherwise qualified for the position, she may have a valid claim of discrimination. The other options (B, C, and D) are not relevant to this scenario or may not apply to Helene's situation.

Question 4

Solar Power Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school edu?ca?tion and job performance. In a suit against Solar Power under the Civil Rights Act of 1964, this is shown to have a discriminatory effect. Solar Power has

Accepted Answer

Solar Power may argue that requiring a high school diploma is a business necessity, meaning that it is necessary for the operation of their business. However, they must be able to prove that there is a direct connection between a high school education and job performance. If this connection cannot be proven, Solar Power may not be able to defend against the discriminatory effect of their hiring policy.

Question 5

Boni, the owner of Café Rico, knows about, but does not take any action to prevent, the sexual harassment of employees. Boni and the café may be liable for such harassment by

Accepted Answer

Boni, as the owner of Café Rico, has a responsibility to prevent sexual harassment of employees in the workplace. If Boni knows about the harassment and does not take any action to prevent it, both Boni and the café may be liable for such harassment by a customer or a co-worker. While an employee's previous employer or spouse/relative may also potentially be liable, the scenario presented in the question specifically mentions that Boni is aware of the harassment taking place at the café.

Question 6

Insurance Sales Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is

Accepted Answer

This is an example of reverse discrimination, where individuals from the majority group are discriminated in favor of the protected class. This violates the principle of equal opportunity and fairness.

Question 7

Fact Pattern 35-1B (Questions B14-B15 apply)
Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC).
-Refer to Fact Pattern 35-1B. To succeed with an age-discrimination claim against MVMC, Lomax will have to show that

Accepted Answer

For Lomax to succeed with an age-discrimination claim against MVMC, he will have to show that he is qualified for his job and that he was replaced by someone who is significantly younger and less qualified than he is, such as Kyla. The options A, C, and D are not relevant to the requirement for establishing an age-discrimination claim.

Question 8

Buena files a suit against Credit Services Corporation under the Civil Rights Act of 1964, alleging employment discrimination on the basis of gender on a disparate-impact theory. To succeed, Buena must show that Credit Services hires fewer women than the per?centage of

Accepted Answer

To succeed in a disparate-impact theory, Buena must show that Credit Services hires fewer women than the percentage of qualified women in the local labor market.

Question 9

Fact Pattern 35-1B (Questions B14-B15 apply)
Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC).
-Refer to Fact Pattern 35-1B. Lomax believes that he has been discriminated against on the basis of his age. For the Age Dis?crimination in Employment Act of 1967 to apply

Accepted Answer

The Age Discrimination in Employment Act of 1967 applies to employees who are forty years of age or older, which means Lomax must be forty years of age or older for the Act to apply. It does not matter whether Kyla is forty years of age or younger or older, or how long Lomax has worked for MVMC.

Question 10

Elsa participates in an investigation into possible violations of the Civil Rights Act of 1964 at Fabrication Foundry, Inc., where she works. As a result, Elsa's employer demotes her. Elsa can file a

Accepted Answer

Elsa's demotion after participating in a Civil Rights Act investigation suggests that her employer retaliated against her for engaging in protected activity. Therefore, Elsa can file a retaliation claim under Title VII of the Civil Rights Act of 1964.

Question 11

Lumber Mill Inc. is a private employer with more than twenty employees. Its employment practices do not indicate a past pattern of discrimination. It is located in Metro City, which has recently seen an increase in the number of its citizens who are members of protected classes. Under the Civil Rights Act of 1964, Lumber Mill is

Accepted Answer

As Lumber Mill Inc. is a private employer with more than twenty employees and there is no indication of past discrimination, it is not required to implement an affirmative action policy.

Question 12

Lisa brings a successful lawsuit against her employer Metal Mold & Die Corporation for unlawful discrimination. Lisa may be awarded

Accepted Answer

Lisa may be awarded back pay for any income she lost because of the discrimination, retroactive promotions to any positions she was denied because of the discrimination, and damages for the harm caused by the discrimination such as emotional distress or damage to her reputation. All three remedies are possible under the law.

Question 13

Melanie files an employment discrimination suit against Natural Resources Industries Corporation under the Civil Rights Act of 1964 on a disparate-impact theory. To succeed, Melanie must show that members of a protected class are adversely affected by any of the following except the employer's

Accepted Answer

A seniority system may result in adverse impact to protected classes, but it is a recognized exception under the Civil Rights Act of 1964 and may be justified if it can be shown to have a legitimate business purpose. Therefore, Melanie can't succeed by showing adverse impact caused by the seniority system alone. However, practices, procedures, and tests are not recognized exceptions, and Melanie can succeed by showing adverse impact caused by any of these.

Question 14

Conrad and Delilah are employees of EcoCrop Feed & Seed Corporation. Under the Equal Pay Act of 1963, EcoCrop can legitimately pay different wages on the basis of

Accepted Answer

The Equal Pay Act of 1963 allows for wage differences based on seniority, merit, quantity or quality of production, or any factor other than gender. Seniority is a legitimate basis for different wages.

Question 15

Sara believes that she was rejected for a position at Trek n' Travel Agency on the basis of her race. Sara files a suit against Trek n' Travel under the Civil Rights Act of 1964. To es?tablish a prima facie case of employment discrimi?nation, Sara must show all of the following except that

Accepted Answer

To establish a prima facie case of employment discrimination, Sara must show the following: (1) she is a member of a protected class, (2) she applied and was qualified for the job in question, and (3) she was rejected for the position. The correct answer choice is D because other persons of Sara's race holding similar positions with other employers is not a requirement for establishing a prima facie case of discrimination.

Question 16

Satin, Silk & Swimwear, a women's clothing store, employs female attendants who as?sist customers in the dressing rooms. Toribio, a forty-one-year-old male, ap?plies for an atten?dant's job, but is not hired. In Toribio's suit against Satin, Silk & Swimwear for em?ployment discrimination under the Civil Rights Act of 1964, the store has

Accepted Answer

The store can use the bona fide occupational qualification defense, which allows an employer to discriminate on the basis of sex, but only if it is reasonably necessary for the normal operation of the particular business or enterprise. In this case, the store may argue that having female attendants in the dressing rooms is necessary to protect the privacy and comfort of female customers.

Question 17

Emylee, an employee of Farm Supplies, Inc., files a sexual-harassment suit against Gowan, her supervisor. Emylee wins. Farm Supplies may also be liable if it had effective harassment policies and complaint procedures, and

Accepted Answer

If Emylee followed the effective harassment policies and complaint procedures that Farm Supplies had in place, then the company may not be liable for Gowan's actions. This shows that the company had a proper system in place to handle sexual harassment complaints, and they can avoid liability if their employees utilize this system.

Question 18

Ruta is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some em?ployees will be discharged. Ruta tells Tim that for sexual favors she will give him an excellent performance review and recommend a raise. This is

Accepted Answer

This is an example of quid pro quo harassment, where a supervisor is offering something (in this case, a positive performance review and raise) in exchange for sexual favors. It is a clear abuse of power and violates company policies against harassment.

Question 19

Iago believes that he is a victim of a form of employment discrimination that falls under the Civil Rights Act of 1964. Compliance with this statute is monitored by

Accepted Answer

The Equal Employment Opportunities Commission (EEOC) is the administrative agency responsible for monitoring compliance with the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, religion, sex, or national origin. Employees and job applicants can file complaints with the EEOC, which investigates and enforces the law. Employers and businesses must comply with the EEOC's rules and regulations to avoid penalties and sanctions. The courts and Congress also play a role in interpreting and enforcing the law but are not primarily responsible for monitoring compliance. Therefore, choice D is the best answer.

Question 20

Neville, a member of a protected class, applies for a job with Origami Paper Products Corporation, but fails the company's employment test and is not hired. Neville believes that the test has an unintentionally discriminatory effect. If so, this is

Accepted Answer

This scenario portrays disparate-impact discrimination, which means that a particular employment practice unintentionally discriminates against the members of a protected class, such as ethnicity, race, gender, disability, or age. Here, Neville failed a company test, which has an unintentional discriminatory effect.

Quiz 35: Employment Discrimination and Diversity