Deck 16: Employment Discrimination

Question 1

Punitive damages are not available in cases of employment dis?crimi?nation.

Answer 1

False

Question 2

Under the Equal Pay Act of 1963, all of the women on an employer's staff must be paid the same as all of the men.

Answer 2

False

Question 3

Compensatory damages are only available for victims of in?tentional employment dis?crimination.

Answer 3

True

Question 4

The Age Discrimination in Employment Act of 1967 prohibits employ?ment discrimi?nation on the basis of age against persons over twenty-one years old.

Question 5

Disparate-impact discrimination occurs when an employer intention?ally discrim?inates against an employee who is not a member of a protected class.

Question 6

An employer cannot be held liable for the sexual harassment of an employee by a co-worker who is not the employee's supervisor.

Question 7

If a company's standard for selecting employees discriminates against applicants on the basis of national origin, it is presumed illegal.

Question 8

Title VII does not cover employees' online activities.

Question 9

A small difference in job content can justify higher pay for one gender.

Question 10

To establish a prima facie case of discrimina?tion under Title VII, a plain?tiff must show that discriminatory intent motivated an em?ployer's decision.

Question 11

An employer's discrimination against job applicants or employees on certain bases may violate both federal and state laws.

Question 12

It is lawful for an employer to retaliate against an employee who has opposed a discriminatory employment practice.

Question 13

A victim of alleged discrimination must bring a suit against an employer before filing a claim with the Equal Employment Opportunity Commission.

Question 14

To bring an action against an employer based on intentional dis?crimina?tion, a person must show that he or she is a mem?ber of a unprotected class.

Question 15

Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination.

Question 16

An employer with fewer than fifteen employees is automatically shielded from suits foiled under the federal employment discrimination laws.

Question 17

The Civil Rights Act of 1964 prohibits job discrimination on the basis of intelligence.

Question 18

An employer can be held liable for an employee's sexual harassment of a member of the same gender.

Question 19

An employer cannot be held liable for the sexual harassment of an employee by the employee's supervisor.

Question 20

Gender can never legally be a determining factor in an employer's decision to hire, fire, or promote an employee.

Question 21

Race can be a bona fide occupational qualification.

Question 22

Fact Pattern 16-1
Fay works for General Construction Contractors (GCC) but is the only woman on her shift. The male workers often play minor pranks on each other. Fay attempts a prank. Hank, her supervisor, fires her, because "GCC doesn't hold with pranks."

-Refer to Fact Pattern 16-1. Fay files a suit against GCC under Title VII. To succeed, Fay must show that Hank's statement was

A) a legitimate, nondiscriminatory reason for Fay's discharge.
B) also Fay's feeling about pranks at GCC.
C) only a pretext for Fay's discharge.
D) unofficial GCC policy.

Question 23

An em?ployer who hires and fires workers ac?cording to a fair seniority sys?tem may have a good defense to an employment discrimination suit.

Question 24

Under the Americans with Disabilities Act of 1990, employees with disabilities are entitled to "reasonable accommodation."

Question 25

An employer must hire an applicant who has a disability even if he or she lacks neces?sary job qualifications.

Question 26

Under the Americans with Disabilities Act of 1990, a person with a men?tal impairment that "substantially limits" everyday activities does not have a disability.

Question 27

After-acquired evidence of an employee's wrongdoing can shield an employer entirely from liability for employment discrimination.

Question 28

At least one court has held that an affirmative action program violated the U.S. Constitution.

Question 29

Fact Pattern 16-1
Fay works for General Construction Contractors (GCC) but is the only woman on her shift. The male workers often play minor pranks on each other. Fay attempts a prank. Hank, her supervisor, fires her, because "GCC doesn't hold with pranks."

-Refer to Fact Pattern 16-1. To successfully defend itself in Fay's suit, GCC must show that Hank's statement was

A) a legitimate, nondiscriminatory reason for Fay's discharge.
B) not Fay's feeling about pranks at GCC.
C) only a pretext for Fay's discharge.
D) unofficial GCC policy.

Question 30

Terminating an employee who uses drugs violates the Americans with Disabilities Act of 1990.

Question 31

Under the Americans with Disabilities Act of 1990, job appli?cants with disabilities are not entitled to "reasonable accommodation."

Question 32

Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include

A) Lee and Mira.
B) Lee only.
C) Mira only.
D) neither Lee nor Mira.

Question 33

Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. The most important federal statute prohibiting discrimination against members of protected classes is

A) the Age Discrimination in Employment Act of 1967.
B) the Americans with Disabilities Act of 1990.
C) the Pregnancy Discrimination Act of 1978.
D) Title VII of the Civil Rights Act of 1964.

Question 34

Under current law, an employer cannot adopt an affirmative action plan.

Question 35

A business necessity for a practice that has a discriminatory effect may permit an employer to avoid liability for discrimination.

Question 36

The Americans with Disabilities Act of 1990 defines persons with disabilities as persons impaired mentally or physically "in any way."

Question 37

Many of the same remedies available under Title VII are available under the Americans with Disabilities Act of 1990.

Question 38

Under the Americans with Disabilities Act of 1990, a person with a physi?cal impairment that "substantially limits" everyday activities has a disability.

Question 39

An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.

Question 40

Cody believes that Delta Corporation has intentionally dis?criminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To es?tablish a prima facie case of employment discrimi?nation, Cody must show, among other things, that

A) Cody is a member of a protected class.
B) Delta has no legal defenses against the claim.
C) discriminatory intent motivated Delta's act.
D) other firms in Delta's industry have committed discriminatory acts.

Question 41

Mold & Dye Corporation is a private employer in?volved in a Title VII employment discrimination suit. Punitive damages may be recovered against Mold & Dye only if the employer

A) acted with malice or reckless indifference.
B) can easily afford to pay the amount.
C) has one hundred or more employees.
D) none of the choices.

Question 42

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

A) a bona fide occupational practice.
B) a business necessity.
C) constructive discharge.
D) reverse discrimination.

Question 43

Gail is an employee of Home Appliances, Inc., but is un?able to perform her job because of her pregnancy. Gail is

A) entitled to disability leave only if Home treats other temporarily dis?abled employees similarly.
B) entitled to disability leave under any circumstances.
C) not entitled to disability leave because she cannot perform her job.
D) not entitled to disability leave under any circumstances.

Question 44

Lloyd and Milly are employees of NuTech Corporation. They have the same job. Under the Equal Pay Act, NuTech can legitimately pay Lloyd more than Milly on the basis of

A) Lloyd's greater production only.
B) Lloyd's greater production or seniority.
C) Lloyd's greater seniority only.
D) neither Lloyd's greater production nor his greater seniority.

Question 45

Piku files an employment discrimination suit against Quotient Accounting, Inc., under Title VII, based on its discharge of Piku. In these circum?stances, possible relief under Title VII includes

A) damages only.
B) damages and job reinstatement.
C) job reinstatement only.
D) neither damages or job reinstatement.

Question 46

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

A) desperate-measure discrimination.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

Question 47

Fact Pattern 16-3 (Questions 25-26 apply)
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
Refer to Fact Pattern 16-3. Manny 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

A) all parties must be forty years of age or younger.
B) Lita must be forty years of age or older.
C) Manny must be forty years of age or older.
D) NBC must have been in existence for at least forty years.

Question 48

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

A) Marie failed to follow them.
B) Marie followed them.
C) Owen failed to follow them.
D) Owen followed them.

Question 49

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

A) desperate-measure discrimination.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

Question 50

Fact Pattern 16-2 (Questions 16-17 apply)
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 16-2. Kit's conduct is most likely a violation of

A) no law.
B) the Age Discrimination in Employment Act.
C) the Americans with Disabilities Act.
D) Title VII of the Civil Rights Act.

Question 51

Kyla is a salesperson for Liberty Financial Corporation. Micky is also a Liberty salesperson. Neil is Kyla and Micky's supervisor. Owen is a Liberty customer. Liberty may be li?able for sexual harassment to Kyla by

A) Micky only.
B) Micky, Neil, or Owen.
C) Micky or Neil only.
D) Neil only.

Question 52

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

A) harassment on the basis of sexual orientation.
B) hostile-environment harassment.
C) not harassment.
D) quid pro quo harassment.

Question 53

Fact Pattern 16-2 (Questions 16-17 apply)
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 16-2. Liability for Kit's conduct most likely rests with

A) Long-Term Care male employees, who should have acted themselves.
B) Long-Term Care, which should have known, and Kit, who acted.
C) Nia, who did not cooperate.
D) no one, because no law was violated.

Question 54

Mona files an employment discrimination suit against Nationwide Corporation (NC) under Title VII. If Mona shows that NC acted with malice or reckless indifference, she may recover

A) compensatory damages only.
B) compensatory and punitive damages.
C) neither compensatory nor punitive damages.
D) punitive damages only.

Question 55

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

A) a constructive discharge on the basis of gender discrimination.
B) a harassing discharge on the basis of treatment discrimination.
C) a voluntary discharge on the basis of impact discrimination.
D) not a discharge or discrimination.

Question 56

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

A) a customer only.
B) a customer or an employee.
C) an employee only.
D) none of the choices.

Question 57

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

A) employees and job applicants, not an administrative agency.
B) employers and businesses, not an administrative agency.
C) the courts and Congress, not an administrative agency.
D) the Equal Employment Opportunity Commission.

Question 58

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

A) age.
B) disability.
C) gender.
D) race.

Question 59

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

A) disparate-impact discrimination.
B) gender discrimination.
C) not discrimination.
D) reverse discrimination.

Question 60

Riki files an employment, gender-based discrimination suit against Superior Corporation under Title VII, on a disparate-impact theory. To succeed, Riki must show that Superior hires fewer women than the per?centage of

A) qualified women in the local labor market.
B) qualified women in the United States.
C) women in Superior's state.
D) women who apply to Imperial for work.

Question 61

Fact Pattern 16-4 (Questions 30-31 apply)
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 im?possible to get in and out. When Beth repeatedly fails to be on time, COC replaces her with Dian, who does not have a disability.
Refer to Fact Pattern 16-4. To successfully defend against Beth's claim, COC will have to show that

A) Beth consistently failed to meet the essential requirements of her job.
B) COC cannot make changes to the doors without undue hardship.
C) Dian is qualified for Beth's position.
D) the doors were not installed as an act of intentional discrimination.

Question 62

Sophisticates, a women's clothing store, employs female attendants to as?sist customers in the dressing rooms. Tod, a forty-one-year-old male, ap?plies for an atten?dant's job, but is not hired. In Tod's suit against Sophisticates for em?ployment discrimination under Title VII, the store has

A) an after-acquired evidence defense.
B) a bona fide occupational qualification defense.
C) a business necessity defense.
D) a seniority systems defense.

Question 63

For twenty years, Ozzie works in golf-cart maintenance for Players Paradise, a destination for vacationers from across the United States. After a steady stream of positive job evaluations and merit pay raises, Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players' courses. Five years later, a new employee, Quentin, is hired to oversee operations at all ten of Players' courses. Quentin demotes Ozzie, who is now over the age of forty, to running only one of the three cart facilities and freezes his salary. Quentin demotes five other employees over the age of forty and places one of Ozzie's former facilities under the supervision of Richie, who is twenty-three. Ozzie overhears Richie say, "We're going to have to do away with these old, senile men." Less than a year later, Quentin consolidates the operations of the three cart facilities under Richie's supervision. Ozzie quits and files a suit against Players for employment discrimination. Should he prevail Explain.

Question 64

Eton sues Funds Investment Company for employment discrimina?tion under a state law. When compared to federal law, state law may provide

A) less damages only.
B) more damages.
C) no damages.
D) the same damages only.

Question 65

Fact Pattern 16-4 (Questions 30-31 apply)
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 im?possible to get in and out. When Beth repeatedly fails to be on time, COC replaces her with Dian, who does not have a disability.
Refer to Fact Pattern 16-4. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that

A) Beth consistently met the essential requirements of her job.
B) COC refused to make reasonable accommodation for Beth.
C) Dian is unqualified for Beth's position.
D) the doors were installed as an act of intentional discrimination.

Question 66

Beth, managing editor of the City News, has a lenient policy concerning employee tardiness. She would prefer that employees be to work by 9
a.m., but does not usually enforce this policy. One week, Don, who had spent the previous month in an alcohol-abuse rehabilitation program, was late three days in a row. Given his appearance, it was obvious that he had been drinking. Can Beth suspend him without pay for two weeks

Question 67

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

A) are Paolo and Quincy.
B) is Paolo only.
C) is Quincy only.
D) is neither Paolo nor Quincy.

Question 68

Flynn is an alcoholic. Gert is morbidly obese. Both work for Helpful Credit Company. Considered to have a disability under the Americans with Disabilities Act

A) are Flynn and Gert.
B) is Flynn only.
C) is Gert only.
D) is neither Flynn nor Gert.

Question 69

Machine Corporation requires its employees to have a high school diploma because it can demonstrate that there is a definite connection between a high school edu?ca?tion and job performance. In a suit against Machine Corporation under Title VII, this requirement is shown to have a discriminatory effect. The employer has

A) an affirmative action defense.
B) a bona fide occupational qualification defense.
C) a business necessity defense.
D) no defense.

Question 70

Chris sues Delta, Inc., for employment discrimina?tion under a state law. When compared to federal law, state law may apply to firms with

A) fewer employees.
B) more employees only.
C) no employees.
D) the same number of employees only.

Question 71

Fact Pattern 16-3 (Questions 25-26 apply)
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
Refer to Fact Pattern 16-3. To succeed with an age-discrimination claim against NBC, Manny will have to show that

A) Lita is not qualified for Manny's job.
B) Manny is qualified for his job.
C) NBC's qualifications for Manny's job are too high.
D) no one could do Manny's job as well as he could.

Question 72

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

A) are Dan and Eve.
B) is Dan only.
C) is Eve only.
D) is neither Dan nor Eve.