Deck 12: Employment Discrimination

Question 1

Actions that are reasonable and necessary to perform duties are considered an apparent authority.

Answer 1

False

Question 2

Discrimination is always illegal.

Answer 2

False

Question 3

Companies are not required to undertake affirmative action programs.

Answer 3

True

Question 4

A duty to obey instructions is a legal duty owed to an agent by a principal.

Question 5

Title VII creates only four protected classes.

Question 6

Under Supreme Court precedent,a plaintiff wishing to demonstrate disparate treatment has to first make out a prima facie case of discrimination,which involves demonstrating that he or she is a member of a protected class of workers.

Question 7

Most Title VII cases fall into the disparate treatment category because it is so rare to find proof of the intentional discrimination required in disparate impact cases.

Question 8

Title VII prohibits all discrimination.

Question 9

Passage of the Employment Non-Discrimination Act ENDA)in 2013 prohibited employment discrimination on the basis of sexual orientation or gender identity.

Question 10

The vast majority of workers in the United States are covered by the at-will doctrine.

Question 11

A company that carefully screens employees and creates worker education programs are exempt from liability if an employee commits a tort.

Question 12

Business policies that raise suspicions for disparate impact include educational qualifications.

Question 13

In an agency,an agent is hired by a principal to work on their behalf and represent them in transactions.

Question 14

Title VII applies to employers with more than 10 employees.

Question 15

Customer preference is a basis for bona fide occupational qualification BFOQ).

Question 16

The caps on punitive damages start at $50,000 for employers with less than one hundred employees.

Question 17

A "no beard" policy could potentially be seen as discriminatory to some races.

Question 18

Any Equal Employment Opportunity Commission EEOC)complaint must be filed within 90 days of the alleged discriminatory act taking place.

Question 19

Companies can fire employees who say anything negative about their bosses or the company,even on a private Facebook page.

Question 20

A car dealer would be an example of an agent in a business relationship.

Question 21

According to the Bureau of Labor Statistics,in 2008 women still earned less than their male counterparts.

Question 22

Issues of dress and appearance are often grounds for charges of religious discrimination.

Question 23

The 1964 Civil Rights Act is the most important federal civil rights law,as it offers protections for women,minorities,and workers over 40 against employment discrimination.

Question 24

The hostile work environment theory is limited to discrimination on the basis of sex.

Question 25

In most race discrimination cases,plaintiffs file claims only under the 1866 Civil Rights Act.

Question 26

Under the Pregnancy Discrimination Act of 1978,employers cannot refuse to hire a woman because she is pregnant but can refuse to hire a woman if she is considering becoming pregnant.

Question 27

Victims need to file a complaint with the Equal Employment Opportunity Commission EEOC)under the Equal Pay Act.

Question 28

For employees,the most important provisions are located in Title III of the Americans with Disabilities Act of 1990 ADA).

Question 29

It is illegal to discriminate against a worker because of his or her foreign accent unless it seriously interferes with work performance.

Question 30

Workplace "English-only" rules are illegal unless they are required for the job being performed.

Question 31

If an employer voluntarily provides time off to new mothers,it must extend identical benefits to new fathers.

Question 32

Mandatory retirement age is illegal under the Age Discrimination in Employment Act ADEA),except for very high-level executives over the age of sixty-five who are entitled to a pension.

Question 33

The Age Discrimination in Employment Act ADEA)does not protect workers below forty years of age.

Question 34

Contrary to popular belief,there is an actual statute that makes sexual harassment illegal.

Question 35

The 1866 Civil Rights Act provides victims of race discrimination several advantages over Title VII.

Question 36

To be considered sexual harassment,the harassment must be so severe that it alters the conditions of the victim's employment.

Question 37

In 2009,the Supreme Court held that older workers suing under the Age Discrimination in Employment Act ADEA)had to prove that their age was a "but-for" reason for their termination.

Question 38

Older workers can be dismissed for good cause,such as poor job performance.

Question 39

An increasingly conservative judiciary,including the Supreme Court began interpreting the Americans with Disabilities Act of 1990 ADA)fairly broadly,making it relatively easy for people with disabilities to win their court cases.

Question 40

The provisions of Title VII are meant to protect all workers from race discrimination.

Question 41

_____ is a theory of liability under employment discrimination law that prohibits an employer from using a facially neutral policy that has an unfavorable impact on members of a protected class.

A)Disparate impact
B)Disparate treatment
C)Quid pro quo
D)Comparative negligence
E)Bona fide occupational qualification BFOQ)

Question 42

Which of the following statements is true about a bona fide occupational qualification BFOQ)?

A)The BFOQ must be directly related to an essential job function to be "bona fide."
B)Customer preference is a basis for BFOQ.
C)Religion,sex,and national origin are not on the list of acceptable BFOQs.
D)Market realities are a basis for BFOQ.
E)The law allows discrimination on race and color if there is a BFOQ reasonably necessary for normal business operations.

Question 43

The Civil Rights Act of 1964 has several provisions,but the most important for businesses is known widely as _____.

A)Title I
B)Title VIII
C)Title II
D)Title III
E)Title VII

Question 44

Which of the following statements is true about the Civil Rights Act of 1964?

A)During his presidency,John F.Kennedy gave low priority to the passage of the Civil Rights Act.
B)At its core,the bill was designed to provide better job opportunities for White Americans.
C)The bill was vehemently opposed by many in Congress.
D)Today,the Civil Rights Act of 1964 has been confined to deal solely with racial minorities.
E)President Johnson did not carry forward John F.Kennedy's wish to pass the bill.

Question 45

Congress passed the _____,which gives victims the right to file a complaint within 180 days of their last discriminatory paycheck.

A)Lily Ledbetter Fair Pay Act
B)Fair Labor Standards Act
C)Rehabilitation Act
D)Equal Pay Act
E)Paycheck Fairness Act

Question 46

Within how many days of the date of the "right to sue" letter from the Equal Employment Opportunity Commission EEOC)can an employee file a case in federal court?

A)30
B)90
C)150
D)180
E)300

Question 47

Employers have to provide reasonable accommodation even if doing so would cause them undue hardship.

Question 48

Under the new Americans with Disabilities Amendments Act ADAA)and Equal Employment Opportunity Commission EEOC)guidelines,current illegal drug users are considered disabled.

Question 49

Under the _____ doctrine,workers in the United States are free to work for whomever they want to,and employers are free to hire whomever they want to,and fire them at will.

A)constructive dismissal
B)employment-at-will
C)affirmative action
D)individual freedom
E)work ethic

Question 50

Which of the following is true about the Equal Employment Opportunity Commission EEOC)?

A)Employees must file Title VII charges with the EEOC after going to court.
B)Attorneys' fees may be recoverable under the EEOC.
C)The EEOC does not have the authority to order a terminated employee reinstated to his or her prior position.
D)Any EEOC complaint must be filed within 90 days of the alleged discriminatory act taking place.
E)The EEOC does not have the authority to award punitive damages for out-of-pocket costs resulting from discrimination.

Question 51

_____ alleges that a defendant employer acted intentionally to discriminate against the victim because of the victim's membership in a protected class.

A)Adverse impact
B)Retaliation
C)Disparate impact
D)Contributory negligence
E)Disparate treatment

Question 52

The practice of grading employment-related tests or qualifications differently,based on the race of the candidate or applicant is known as:

A)racial profiling.
B)race norming.
C)racial categorization.
D)racial identity.
E)cross-race effect.

Question 53

Under the Americans with Disabilities Amendments Act ADAA),an individual with poor eyesight,even if corrected with glasses or contact lenses,is considered to have a disability.

Question 54

Which of the following is NOT true of an agency relationship:

A)Both the principal and agent must consent
B)The principal must control the actions of the agent
C)It must be a paid relationship
D)A principal is required in the relationship
E)An agent is required in the relationship

Question 55

A plaintiff wishing to demonstrate disparate treatment has to first make out a prima facie case of discrimination,which _____.

A)involves articulating a nondiscriminatory business necessity for a policy or practice
B)involves demonstrating that he or she is a member of a protected class of workers
C)involves proving that the employer chose some race-neutral policy which resulted in a disproportionate impact on a certain protected class
D)does not allow the employer to state a legitimate reason
E)prevents the employer from agreeing that he or she had no legitimate reason for taking adverse action against the plaintiff

Question 56

_____ allows discrimination on religion,sex,and national origin if there is a bona fide occupational qualification BFOQ)reasonably necessary for normal business operations.

A)Title I
B)Title V
C)Title VI
D)Title VII
E)Title VIII

Question 57

If the reason for denying employment is the disabled person's inability to perform some essential function,then that is illegal discrimination.

Question 58

Once an employee has made a complaint of discrimination,the employer:

A)is expected to take adverse employment action against the employee who has filed charges of discrimination.
B)is protected by the federal law against discrimination on the basis of sexual orientation.
C)cannot be charged with further acts of discrimination if he or she takes any subsequent action against the employee.
D)should immediately rescind the company's discriminatory policy.
E)should not alter any condition of the employee's employment until the complaint has been resolved.

Question 59

What was the main purpose of Title VII?

A)To prevent discrimination by government agencies that receive federal funds
B)To outlaw discrimination in public accommodations engaged in interstate commerce
C)To integrate African Americans into the mainstream of society
D)To protect women from being subject to sexual harassment in public places
E)To dismantle sex segregation by integrating women into work formerly reserved for men

Question 60

Cracker Barrel restaurants rescinded a discriminatory policy against homosexuals in response to:

A)The Civil Rights Act
B)A nationwide strike of service workers
C)Pressure from shareholders
D)Title VII
E)Bona fide occupational qualification

Question 61

Harassing actions that are so severe and pervasive that they alter the conditions of one's employment is called _____.

A)retaliation
B)hostile work environment
C)wrongful discipline
D)racial profiling
E)quid pro quo harassment

Question 62

The Pregnancy Discrimination Act of 1978 amended _____ to make it illegal to discriminate on the basis of pregnancy,childbirth,or related medical conditions.

A)the Child Abuse Prevention and Treatment Act
B)Title VII of the Civil Rights Act
C)Title II of the Americans with Disabilities Act
D)the Fair Labor Standards Act
E)Title IV of the Family and Medical Leave Act

Question 63

Which of the following is true about the 1866 Civil Rights Act?

A)It strictly requires a discrimination charge to be filed within 180 days from the date of the alleged violation.
B)It allows victims to go straight to federal court to file a complaint.
C)It includes statutory limits on punitive damages.
D)It prohibits sex,race,age,religion,and ethnicity discrimination.
E)It requires victims to file a complaint with the Equal Employment Opportunity Commission EEOC)first.

Question 64

The prohibition on sex discrimination means that employers:

A)cannot categorize any job as single-sex even if there is a bona fide occupational qualification BFOQ).
B)can use customer preferences and market realities as the basis for BFOQ.
C)can make decisions based on the notion that female employees would like to work fewer hours.
D)cannot make stereotypical assumptions about women.
E)need not extend identical benefits to male employees.

Question 65

Under _____,most federal contractors or subcontractors must develop an annual affirmative action plan and take "affirmative steps" to recruit,hire,and train females and minorities in the workforce.

A)Executive Order 11246
B)the U.S.Rehabilitation Act
C)Executive Order 8802
D)the Fair Employment Act
E)Executive Order 9981

Question 66

In most race discrimination cases,plaintiffs file both Title VII claims and claims under the 1866 Civil Rights Act.These are commonly known as:

A)Section 1981a.claims.
B)Section 1988 claims.
C)Section 2254 claims.
D)Section 1983 claims.
E)Section 1981 claims.

Question 67

If a supervisor fires a subordinate for breaking up with him or her,then which of the following has taken place?

A)Hostile work environment harassment
B)Reverse discrimination
C)Adverse impact
D)Quid pro quo harassment
E)Disparate impact

Question 68

The Equal Pay Act allows different pay based on seniority,merit,quantity or quality of production,or factor other than sex.Which of the following proposed laws would limit "factor other than sex" to only factors that are bona fide,job-related,and consistent with business necessity?

A)National Minimum Wage Act
B)Lily Ledbetter Fair Pay Act
C)Fair Minimum Wage Act
D)Paycheck Fairness Act
E)Fair Labor Standards Act

Question 69

The inclusion of which of the following words was intended to kill Title VII in the legislature,but instead led to a rapid passage:

A)Sex
B)Seniority
C)African-American
D)Homosexuality
E)LGBT

Question 70

Identify the correct statement about the Equal Pay Act.

A)It applies to many,but not all employers.
B)It allows victims to go directly to federal court within two years of the alleged unlawful employment practice.
C)It does not allow victims to pursue Title VII claims at the same time as they pursue claims under this act.
D)It does not cover all forms of compensation and excludes benefits such as vacation and compensation such as salary and bonus.
E)It requires victims to file a complaint with the Equal Employment Opportunity Commission EEOC)first.

Question 71

Which of the following statements about the 1866 Civil Rights Act and Title VII is true?

A)Plaintiffs usually file claims under 1866 Civil Rights Act and avoid Title VII claims for sexual harassment cases.
B)The strict filing deadlines under the 1866 Civil Rights Act do not apply to Title VII.
C)In most race discrimination cases,plaintiffs file both Title VII claims and claims under the 1866 Civil Rights Act.
D)Unlike the 1866 Civil Rights Act,Title VII only prohibits racial discrimination.
E)The statutory limits on punitive damages are applicable to both 1866 Civil Rights Act as well as Title VII.

Question 72

The Equal Pay Act:

A)was passed in 1980.
B)does not apply to all employers.
C)is very difficult to enforce.
D)does not include benefits such as vacation.
E)requires victims to file a complaint with the Equal Employment Opportunity Commission EEOC)first.

Question 73

Which of the following statements about religious discrimination is true?

A)The law makes it illegal to treat an employee unfavorably because of his/her religious beliefs.
B)The law extends protection only to major religions such as Buddhism,Christianity,and Islam.
C)Employees sometimes can be required to participate in any religious activity as a condition of employment.
D)The law strictly does not extend its protection to anyone who has sincerely held moral beliefs.
E)Employers must reasonably accommodate an employee's religious beliefs or practices irrespective of how it affects the employer's operation of business.

Question 74

Which of the following is an example of a bona fide occupational qualification BFOQ)?

A)Hiring a young actor to play a young character
B)Only hiring white waitstaff in a country and western bar.
C)Only hiring waitstaff under 25 because they respond better to customers
D)Hiring women who agree not to become pregnant in the next 3-5 years.
E)Hiring only native English speakers to cook in a restaurant

Question 75

Identify the correct statement about Age Discrimination in Employment Act ADEA)waivers.

A)These waivers are signed by workers that they are voluntarily giving up their rights to file claims under the ADEA.
B)These waivers are not applicable when companies ask a worker to retire early.
C)These waivers provide a worker with seven days to consider the waiver.
D)These waivers are fully enforceable under the ADEA even if they are "involuntary," and not given in writing.
E)These waivers provide a worker with at least 21 days to revoke it after signing the waiver.

Question 76

The Civil Rights Act of 1866 was passed after the Civil War to:

A)encourage the settlement of the Western United States by the development of a system of highways.
B)guarantee freed slaves the rights of citizenship.
C)break a cycle of debt during the reconstruction following the Civil War.
D)outlaw major forms of discrimination against women.
E)provide for the gradual elimination of several seats in the Supreme Court of the United States.

Question 77

Discrimination against a majority group is called:

A)racial profiling.
B)contributory negligence.
C)race norming.
D)reverse discrimination.
E)desegregation.

Question 78

To correct past mistakes in treatment of women and minorities,many companies go beyond being equal opportunity employers by adopting _____.

A)bona fide occupational qualification BFOQ)
B)rule of law
C)affirmative action
D)desegregation action
E)emancipation

Question 79

Which of the following statements about the Age Discrimination in Employment Act of 1967 ADEA)is true?

A)In 2009,the Supreme Court ruled that older workers suing under the ADEA no longer had to prove that their age was the major cause for termination.
B)ADEA applies to any employer with over twenty workers,including state governments.
C)The ADEA makes it illegal to discriminate against workers over the age of thirty.
D)Although it was passed around the same time as Title VII,for decades courts held that only disparate impact cases under the ADEA were viable.
E)Mandatory retirement age is illegal under the ADEA,except for high-level executives over the age of forty who are entitled to a pension.

Question 80

Which of the following charges generates the highest number of complaints to the Equal Employment Opportunity Commission EEOC)?

A)Race-based discrimination
B)Age-based discrimination
C)Knowledge-based discrimination
D)Sex-based discrimination.
E)Experience-based discrimination