Question 1

Fact Pattern 35-1A
Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well qualified. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Erasmus is rejected. Drain-Pro continues to seek applicants.
-Refer to Fact Pattern 35-1A. To successfully defend itself against Erasmus's suit, Drain-Pro must articulate

Accepted Answer

To successfully defend itself against Erasmus's suit, Drain-Pro must articulate a legitimate, nondiscriminatory reason for rejecting Erasmus. The fact that it discarded the test results does not automatically make its decision discriminatory, but it must have a valid reason for doing so. If Drain-Pro can provide a legitimate reason for why it discarded the test results and rejected Erasmus, it can successfully defend itself against his suit.

Question 2

Eton files a suit in a federal district court against Florida, alleging employment discrimination under the Age Discrimination in Employment Act of 1967. The state asks the court to dismiss the suit. The court is most likely to rule that

Accepted Answer

Under the doctrine of sovereign immunity, states are generally immune from being sued in federal court by private individuals unless they consent to the suit or Congress has abrogated their immunity. While Congress has abrogated state immunity under the Age Discrimination in Employment Act, the Supreme Court has held that such abrogation only applies to lawsuits brought by the federal government or private individuals against the state itself, not against state officials. Therefore, the state is likely to argue that it is immune from the suit and the court is likely to agree.

Question 3

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

Accepted Answer

The answer of Conrad and Delilah are employees of AgriBio...

Question 4

Fix-It Repair Shop does not take any action to prevent sexual harassment of its employees. Fix-It Repair may be liable for such harassment by

Accepted Answer

Fix-It Repair Shop may be liable for sexual harassment by a customer or co-worker because the company has a responsibility to provide a safe and respectful work environment for its employees. If the company fails to take action and prevent or address sexual harassment, it may be held responsible for the actions of others in the workplace. The company would not be liable for harassment by an employee's previous employer or spouse, as these individuals are outside of the company's control.

Question 5

Nina is a Jew and Odell is a college student. Based on this information, members of protected classes include

Accepted Answer

The answer of Nina is a Jew and Odell is...

Question 6

Fact Pattern 35-2A
Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC’s building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability.
-Refer to Fact Pattern 35-2A. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that

Accepted Answer

To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that COC refused to make reasonable accommodation for her disability. This is because the fact pattern states that Beth found it nearly impossible to get in and out after the installation of new doors, indicating that a reasonable accommodation was not made for her disability. The other choices do not accurately reflect the situation presented in the fact pattern.

Question 7

Dakota believes that Credit Services Corporation (CSC) has discriminated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act of 1964. To establish a prima facie case of employment discrimination, Dakota must show that

Accepted Answer

To establish a prima facie case of employment discrimination under the Civil Rights Act of 1964, the plaintiff must show that she is a member of a protected class, such as gender, race, or religion. So, Dakota should show that she is a female, and CSC is discriminating her based on her gender. Other options are not relevant to the establishment of a prima facie case.

Question 8

Pikabo files an employment discrimination suit against Quantitative Analysis, Inc., under the Civil Rights Act of 1964, based on its discharge of Pikabo. Possible relief includes

Accepted Answer

The most likely relief for an employment discrimination suit would be reinstatement, meaning that Pikabo could potentially return to her job at Quantitative Analysis, Inc. Imprisonment, fines, and an order to shutdown the business are not typical forms of relief in this type of case.

Question 9

Paolo has cerebral palsy, Quincy has kleptomania, and both work for Reality Insurance Company. Considered disabled under the Americans with Disabilities Act

Accepted Answer

The answer of Paolo has cerebral palsy, Quincy has kleptomania,...

Question 10

Vincenzo is a pilot for Wayfarer Airlines. Wayfarer's policy is to restrict Vincenzo and its other pilots from flight responsibilities after a certain age. This is most likely

Accepted Answer

Wayfarer Airlines' policy of restricting pilots from flight responsibilities after a certain age is most likely a legitimate bona fide occupational qualification (BFOQ). This means that the policy is necessary for the safe and efficient operation of the airline, and is therefore permissible under anti-discrimination laws. Age discrimination is only allowable in certain circumstances, such as when age is a BFOQ for the job in question.

Question 11

Cora, a female, and Dom, a male, are employees of Equipment Leasing Corporation. Cora regularly e-mails sexually explicit images to Dom via Equipment Leasing's computer network. Dom finds this offensive. This is

Accepted Answer

Cora's actions are a form of hostile-environment harassment as she is creating an offensive and sexually charged work environment for Dom through her actions.

Question 12

Jason and Katrina work on the loading dock for Longhaul Transport Company. Jason has a disability. Katrina has seniority. Jason asks for a transfer, which would represent an accommodation for his disability. Longhaul gives the transfer to Katrina on the basis of her seniority. Jason files a suit against Longhaul for discrimination on the basis of his disability. The court is most likely to rule that

Accepted Answer

The answer of Jason and Katrina work on the loading...

Question 13

United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files a suit against United under the Age Discrimination in Employment Act of 1967. To establish a prima facie case, Vera must show, among other things, that she is

Accepted Answer

The answer of United Company replaces Vera, a forty-five-year-old employee,...

Question 14

Fact Pattern 35-2A
Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC’s building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability.
-Refer to Fact Pattern 35-2A. To successfully defend against Beth's claim, COC will have to show that

Accepted Answer

The answer of Fact Pattern 35-2A
Beth, who has a disability,...

Question 15

Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some employees will be discharged. Ruth tells Tim that if he has sex with her, he can keep his job. This is

Accepted Answer

This is quid pro quo harassment, which occurs when a supervisor demands sexual favors in exchange for employment benefits such as promotions, pay raises, or job security. In this case, Ruth is offering to allow Tim to keep his job if he engages in a sexual relationship with her. This behavior is illegal and inappropriate in the workplace.

Question 16

Greta is the only female employee in the maintenance department of Hydro Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is

Accepted Answer

Greta's experience of being the only female employee in the maintenance department and being teased and tricked by her supervisor and co-workers constitutes a hostile work environment on the basis of gender discrimination. Greta felt compelled to quit as a result of this discriminatory behavior, making it a constructive discharge.

Question 17

Mona files an employment discrimination suit against Nationwide Distribution Corporation (NDC) under the Civil Rights Act of 1964. If Mona shows that NDC acted with malice or reckless indifference, she may recover

Accepted Answer

The answer of Mona files an employment discrimination suit against...

Question 18

Olivia applies for a job with Petro Company. Petro does not hire Olivia because of her ethnicity, or national origin. This is

Accepted Answer

Disparate-treatment discrimination occurs when an employer intentionally discriminates against an individual based on their protected characteristic, such as race or national origin. In this scenario, Petro Company did not hire Olivia specifically because of her ethnicity, making it an example of disparate-treatment discrimination.

Question 19

Fact Pattern 35-1A
Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well qualified. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Erasmus is rejected. Drain-Pro continues to seek applicants.
-Refer to Fact Pattern 35-1A. Erasmus files a suit against Drain-Pro under the Civil Rights Act of 1964, claiming reverse discrimination. To support this claim, Erasmus must show that he is a member of

Accepted Answer

Reverse discrimination claims typically arise when a member of a majority group is negatively impacted by a policy or action designed to promote diversity or provide opportunities for traditionally underrepresented groups. Erasmus' claim of reverse discrimination implies that he is a member of a majority group (i.e. not a member of a protected class).

Question 20

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of

Accepted Answer

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of certain protected characteristics, such as gender, race, age, disability, national origin, and religion. Therefore, option B is correct as it mentions gender, which is a protected characteristic under these laws. Options A, C, and D are incorrect as experience, intelligence, and skill are not protected characteristics under these laws.

Quiz 35: Employment Discrimination