Question 1

Under the Americans with Disabilities Act (ADA),a person who has a mental impairment that substantially limits only one of that person's major life activities cannot qualify as disabled.

Accepted Answer

The ADA includes a broad definition of "disability" that can include mental impairments that substantially limit one or more major life activities.

Question 2

According to the Oncale v.Sundowner Offshore Services,Inc.,case,the U.S.Supreme Court ruled that Title VII does not apply to same-sex harassment.

Accepted Answer

The U.S. Supreme Court ruled in the Oncale v. Sundowner Offshore Services, Inc. case that Title VII does apply to same-sex harassment.

Question 3

The federal statutes on race,gender,and employment discrimination apply both to employees and independent contractors.

Accepted Answer

Federal statutes on race, gender, and employment discrimination primarily protect employees rather than independent contractors. Independent contractors are generally not covered under these protections because they are considered to operate their own separate businesses.

Question 4

The U.S.Supreme Court ruled that sexual harassment must be committed by a member of the opposite sex in order to be actionable.

Accepted Answer

The U.S. Supreme Court ruled in the cases of Meritor Savings Bank v. Vinson (1986) and Harris v. Forklift Systems (1993) that sexual harassment can be committed by anyone regardless of their sex, and can be directed towards anyone regardless of their sex, as long as it meets the legal definition of sexual harassment.

Question 5

Title VII provides that an employer may lawfully hire an individual on the basis of religion,sex,or national origin if religion,sex,or national origin is a bona fide occupational qualification.

Accepted Answer

Title VII does allow for an employer to hire based on religion, sex, or national origin if it is a bona fide occupational qualification, but only in very limited circumstances. The employer must be able to demonstrate that the characteristic is reasonably necessary to the normal operation of the particular business or enterprise.

Question 6

If two individuals,ages 25 and 35,apply for the same position,under federal law the employer may not lawfully reject either applicant on the basis of age.

Accepted Answer

The answer of If two individuals,ages 25 and 35,apply for...

Question 7

It is not necessary to prove intentional discrimination to prevail in a disparate impact case.

Accepted Answer

In a disparate impact case, it is enough to prove that a certain policy or practice has a disproportionate impact on a protected group, regardless of whether or not there was an intention to discriminate.

Question 8

A bona fide occupational qualification is an affirmative defense for which the employer has the burden of showing a reasonable basis for believing that persons in the category can be excluded from a particular job.

Accepted Answer

This is because a bona fide occupational qualification (BFOQ) allows employers to discriminate on the basis of protected characteristics (such as age or gender) if those characteristics are reasonably necessary to the normal operation of a particular business or enterprise. However, the burden of proof rests on the employer to demonstrate that there is a real and reasonable basis for the BFOQ defense.

Question 9

The two distinct legal theories of discrimination for litigation in traditional Title VII actions are disparate treatment and disparate impact.

Accepted Answer

This statement is true. Disparate treatment is intentional discrimination, while disparate impact is unintentional discrimination that has a disproportionate impact on a protected group.

Question 10

Many states have passed their own fair employment acts.

Accepted Answer

Many states in the US have passed their own fair employment acts to protect employees from discrimination based on factors like race, gender, religion, and disability. These state laws often provide additional protections and remedies beyond what is available under federal law.

Question 11

Under federal law there are no caps on either compensatory or punitive damages when sexual discrimination is involved.

Accepted Answer

Under federal law, specifically the Civil Rights Act of 1991, there are caps on punitive and compensatory damages in cases of discrimination, including sexual discrimination, based on the size of the employer.

Question 12

A claim for sexual harassment may be asserted by either male or female employees.

Accepted Answer

Both male and female employees can be victims of sexual harassment, and therefore have the right to assert a claim for it.

Question 13

To recover on a claim of disparate treatment,a plaintiff claiming discrimination must prove that he or she is a member of a class of persons protected by Title VII and was denied a position or benefit that he or she sought,for which he or she was qualified,and that was available.

Accepted Answer

This statement is true. To prove a claim of disparate treatment, the plaintiff must show that they belong to a protected class, were qualified for the position or benefit they sought, and were denied it due to discrimination based on their protected status.

Question 14

In general,courts may hold that a one-time incident is not enough to create a hostile environment,except when the conduct was severe.

Accepted Answer

In general, courts require a pattern of behavior or repeated incidents to establish a hostile work environment claim, unless the conduct is severe enough to be considered egregious in a single instance.

Question 15

As the court stated in the Suarez v.Pueblo International,Inc.(2000)case,the ADEA guarantees workplaces "free from the ordinary ebb and flow of power relations and interoffice politics."​

Accepted Answer

The statement is not completely accurate. In the Suarez v. Pueblo International, Inc. case, the court did not use the specific language of "free from the ordinary ebb and flow of power relations and interoffice politics." However, the court did state that the ADEA aims to prevent discrimination and ensure equal opportunities in the workplace, even in the context of workplace politics and power dynamics.

Question 16

To prevail on a claim for retaliation under Title VII,a plaintiff does not need to prevail on his or her Title VII discrimination claim.

Accepted Answer

Retaliation claims and discrimination claims are separate causes of action under Title VII. A plaintiff can bring a retaliation claim even if their discrimination claim is not successful, as long as they can show that they engaged in a protected activity, their employer took an adverse action against them, and there was a causal connection between the protected activity and the adverse action.

Question 17

In the Harris v.Forklift Systems,Inc.case,the U.S.Supreme Court ruled that a showing of a serious effect on an employee's psychological well-being is necessary for a hostile work environment claim under Title VII.

Accepted Answer

The Supreme Court in Harris v. Forklift Systems, Inc. ruled that a plaintiff does not need to prove a serious effect on their psychological well-being to establish a hostile work environment under Title VII. The court stated that the environment must be one that a reasonable person would find hostile or abusive, and the victim must perceive it to be so.

Question 18

Federal legislation to amend Title VII to include sexual orientation has not been enacted.

Accepted Answer

While some states have passed laws prohibiting workplace discrimination based on sexual orientation, there is currently no federal law that explicitly includes sexual orientation as a protected category under Title VII of the Civil Rights Act.

Question 19

Title VII has been successfully used to challenge English-only workplace rules.

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin, and the Equal Employment Opportunity Commission (EEOC) has found that language can be closely tied to national origin. Therefore, English-only workplace rules can be seen as discriminatory and a violation of Title VII.

Question 20

Discrimination on the basis of pregnancy is a form of sex discrimination under Title VII.

Accepted Answer

Discrimination based on pregnancy is recognized as a form of sex discrimination under Title VII of the Civil Rights Act of 1964. This means that employers cannot treat female employees unfavorably because they are pregnant, have medical conditions related to pregnancy, or plan to become pregnant in the future. This also includes providing equal pay and benefits to pregnant workers compared to other employees with similar work abilities and limitations.

Quiz 13: Civil Rights and Employment Discrimination