Question 1

Truman applies for a job at Skylight Canopy Corporation for which he is well quali?fied,but for which he is rejected.Skylight continues to seek applicants and eventually fills the posi?tion with a person who is not a member of a mi?nority.Truman is most likely to succeed in a suit against Skylight for discrimination if he is a member of

Accepted Answer

If Truman is a member of a protected class (such as a racial or ethnic minority), and he can provide evidence of discrimination in the hiring process (such as qualifications equal to or better than the person ultimately hired), he may have a viable claim for discrimination. However, if Truman is not a member of a protected class, he may have a more difficult time proving discrimination, as there may be other factors at play in the hiring decision.

Question 2

Mold & Dye 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 Mold & Dye only if the employer

Accepted Answer

Punitive damages may only be recovered against Mold & Dye Corporation if they acted with malice or reckless indifference, according to the Civil Rights Act of 1964. The other options are not relevant to the criteria for punitive damages.

Question 3

Dick works for First City Bank.When his spouse Elin is diagnosed with Lou Gehrig's disease,Dick asks to take temporary leave to care for her.First City discharges him.He files a suit against the bank under the Americans with Disabilities Act of 1990.Most likely,Dick can

Accepted Answer

Dick cannot recover because he is not disabled and the ADA does not protect individuals who are associated with disabled individuals.

Question 4

Rona is Stu's administrative assistant and both work for TriCounty Labor Inc.Stu tells Rona that for sexual favors,he will give her an excellent performance review and recommend a raise.This is

Accepted Answer

This scenario is an example of quid pro quo harassment, where Stu is offering a job benefit (raise and positive performance review) in exchange for sexual favors.

Question 5

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,and both...

Question 6

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

Accepted Answer

To prove disparate-impact discrimination, Riki must show that Stevedore hires fewer women than the percentage of qualified women in the local labor market. This is because the focus is on the impact of the employment practice on the local community, rather than national or state statistics or the number of women who apply to work for the company.

Question 7

Hu 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 correct answer is D, the Equal Employment Opportunities Commission (EEOC) is the administrative agency responsible for monitoring compliance with the Civil Rights Act of 1964. The EEOC investigates claims of employment discrimination, provides guidance to employers on compliance, and can file lawsuits on behalf of individuals who have been discriminated against.

Question 8

Fact Pattern 35-2B 
Ida replaces Hector in his job at Grocers Market Corporation (GMC).
-Refer to Fact Pattern 35-2B.Hector 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 only to individuals who are forty years of age or older. Therefore, choice C is the correct answer. Choices A, B, and D are incorrect because they are not relevant to the application of the Act.

Question 9

Fact Pattern 35-1B 
Kit,manager of Long-Term Care Company's office in Metro City,de?cides to replace the office's male employees with females.Nia,an assis?tant manager transferred from a different Long-Term Care office,refuses to cooperate.Kit retali?ates against Nia,who quits.Within a year,the male employees also quit.
-Refer to Fact Pattern 35-1B.Liability for Kit's conduct most likely rests with

Accepted Answer

Long-Term Care Company may be liable for Kit's conduct because the decision to replace male employees with females may be considered discriminatory and in violation of employment law. As a manager, Kit should have known this and the company should have been aware of their employee's actions. Nia and the male employees are not the ones responsible for Kit's discriminatory behavior.

Question 10

Dan has AIDS,Eve is blind,and both work for First National Bank.Con?sidered disabled under the Americans with Disabilities Act

Accepted Answer

Both Dan and Eve are considered disabled under the Americans with Disabilities Act. Dan has AIDS, which is a recognized disability under the Act, and Eve is blind, which is also a recognized disability. Therefore, both individuals are protected under the Act.

Question 11

Fact Pattern 35-1B 
Kit,manager of Long-Term Care Company's office in Metro City,de?cides to replace the office's male employees with females.Nia,an assis?tant manager transferred from a different Long-Term Care office,refuses to cooperate.Kit retali?ates against Nia,who quits.Within a year,the male employees also quit.
-Refer to Fact Pattern 35-1B.Kit's action against Nia is most likely

Accepted Answer

Kit's decision to replace male employees with females is discrimination on the basis of gender. Kit retaliated against Nia, who refused to cooperate with the discriminatory action, which is also a violation of anti-retaliation laws. The fact that all male employees quit within a year further supports the inference of discriminatory action.

Question 12

Flynn is a drug addict who has completed a supervised drug-rehabilitation program.Gert used drugs casually in the past.Both work for Home Credit Company.Considered to have a disability under the Americans with Disabilities Act of 1990

Accepted Answer

Under the Americans with Disabilities Act of 1990, a person who has successfully completed a drug rehabilitation program and is no longer engaging in illegal drug use, like Flynn, is considered to have a disability. Casual past drug use, as in Gert's case, does not qualify as a disability under the ADA.

Question 13

Research Statistics Corporation uses a merit system to pay its employees according to their job performance.Suki,a female,and Troy,a male,are Research employees with comparable jobs.Due to superior performance,Suki is paid more than Troy.This is

Accepted Answer

This is not discrimination as Suki is being paid more based on her superior job performance, regardless of her gender. The merit system used by the company ensures that all employees are given equal opportunities to earn more based on their performance, regardless of their gender or any other protected characteristic.

Question 14

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

Accepted Answer

The business necessity defense allows an employer to show that a particular requirement, such as a high school diploma requirement, is necessary for the safe and efficient performance of the job. In this case, if Marvel Machine Corporation can prove that a high school education is necessary for job performance, they may be able to defend against the discrimination claim. However, if they cannot demonstrate this necessity, they would have no defense.

Question 15

Lew,a member of a protected class,applies for a job with Mit-E Construction Company,but fails Mit-E's employment test and is not hired.Lew believes that the test has an unintentionally discriminatory effect.If so,this is

Accepted Answer

The situation described indicates disparate-impact discrimination, which occurs when an employment practice or policy that is neutral on its face has a disproportionately negative effect on members of a protected class. In this case, the employment test may be excluding qualified candidates who belong to the same protected class as Lew. Reverse discrimination refers to policies that intentionally give preference to members of a protected class over other applicants, and disparate-treatment discrimination occurs when an employer intentionally discriminates against a member of a protected class. Not discrimination is not a valid choice in this case as there is a potential legal issue related to discrimination.

Question 16

United Industrial 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

United Industrial Corporation's preferential treatment towards members of protected classes results in discrimination against the majority. This type of discrimination is commonly referred to as "reverse discrimination."

Question 17

Svetlana,a fifty-five-year-old member of a racial minority with a disability,believes that she is a victim of employment discrimination.Potentially the most widespread form of discrimination is based on

Accepted Answer

The answer of Svetlana,a fifty-five-year-old member of a racial minority...

Question 18

Fact Pattern 35-2B 
Ida replaces Hector in his job at Grocers Market Corporation (GMC).
-Refer to Fact Pattern 35-2B.To succeed with an age-discrimination claim against GMC,Hector will have to show that

Accepted Answer

To succeed with an age-discrimination claim, Hector will have to show that he was qualified for his job and was replaced by someone younger, such as Ida. Whether or not Ida is qualified for the job is not relevant to Hector's potential claim. The qualifications for Hector's job being too high or no one being able to do it as well as him are also not relevant to an age-discrimination claim.

Question 19

Paula,a disabled person,applies for a job at Quantity Corporation for which she is well quali?fied,but for which she is rejected.Quantity continues to seek applicants and eventually fills the posi?tion with a person who is not disabled.Paula is most likely to succeed in a suit against Quantity for discrimination under the Americans with Disabilities Act of 1990 if she can show that

Accepted Answer

The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including hiring. If Paula was well qualified for the job but rejected solely because of her disability, she would have a strong case for discrimination. The other options (B, C, and D) do not apply in this scenario.

Question 20

Marie,an employee of Nickel Tool Company,files a sexual-harassment suit against Owen,her supervisor.Marie wins.Nickel may also be liable if it had effective harassment policies and complaint procedures,and

Accepted Answer

Nickel may be liable even if Owen was the only one who committed the harassment, as long as they had effective harassment policies and complaint procedures and Marie followed them. It is important for employers to have effective policies and procedures, but they are meaningless if they are not followed or enforced.

Quiz 35: A: Employment Discrimination