Deck 43: Employment Discrimination

Question 1

State laws may give employees less, but not more, protection than federal law.

Answer 1

False

Question 2

If an employee is considered at-will, how much notice must the employee give their employer if they are leaving their job?

A) no notice is required
B) 24-hours' notice
C) 5 days' notice
D) one week's notice
E) two weeks' notice

Answer 2

A

Question 3

What is the name of the defense an employer can raise in response to a Title VII action, which allows the employer to give preferential treatment to employees based on their length of service?

A) Seniority system defense
B) Merit defense
C) Bona fide occupational qualification defense
D) Time served defense
E) Loyalty defense

Answer 3

A

Question 4

A corporation that is clearly a foreign corporation and not controlled by an American entity is not subject to U.S. equal employment laws.

Question 5

An employee who is employed under a collective bargaining agreement is considered to be an at-will employee.

Question 6

The issue of whether a hostile work environment exists is only considered by courts in the context of harassment based upon gender.

Question 7

At-will employment principles are only considered a right that an employer or potential employer has, not an employee.

Question 8

What was the holding of the appellate court in Dixon v. University of Toledo, the case in the text in which the plaintiff alleged a violation of the Equal Pay Act?

A) That the defendant was entitled to a judgment in its favor because a claim under the Equal Pay Act cannot be based on a male successor's pay rate.
B) That the defendant was entitled to a judgment in its favor because Title VII subsumed the provisions of the Equal Pay Act, and the plaintiff was required to name Title VII in her complaint.
C) That the defendant was entitled to a judgment in its favor because it established that the plaintiff was fired for cause.
D) That the plaintiff correctly made out her prima facie case by alleging the wage differential between her pay at termination and her successor's pay at the onset of his new position.
E) That the plaintiff correctly made out her prima facie case through establishing that there was no basis upon which her termination could be legally based and that the male successor was hired almost immediately following her termination.

Question 9

The ADA is enforced by the EEOC in the same way that Title VII is enforced.

Question 10

The Americans with Disabilities Act's definition of disabled individuals includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Question 11

________ of the Civil Rights Act of 1964 deals with discrimination in employment.

A) Title VII
B) Title VI
C) Title V
D) Title IV
E) Title III

Question 12

Employers cannot use social media in making employment decisions because it is against federal law.

Question 13

Disparate treatment is regarded as intentional discrimination and disparate impact is regarded as unintentional discrimination.

Question 14

If an employment relationship is one in which the employee can be hired or fired for no reason at all, as long as it is not an illegal reason, this is known as ________.

A) willing employment
B) at-will employment
C) two-way employment
D) loose employment
E) terminable employment

Question 15

The number of sexual harassment claims filed under Title VII has declined in recent years.

Question 16

It is usually more difficult to prove disparate impact, as opposed to disparate treatment, in regard to violations of Title VII.

Question 17

Title VII is applicable to foreign corporations that are controlled by a U.S. employer.

Question 18

In order to establish facts sufficient to create a reasonable inference that age was a determining factor in a termination, a plaintiff in an Age Discrimination in Employment Act case need not prove replacement by someone outside the protected class.

Question 19

Only one state prohibits discrimination on the basis of sexual orientation.

Question 20

In response to a Title VII action, an employer may raise the bona fide occupational qualification defense, which allows an employer to discriminate in certain circumstances when doing so is necessary for the performance of the job.

Question 21

How many days does a party have to file a charge with the federal EEOC if the aggrieved party is in a state that does not have a state EEOC?

A) Within 30 days of the alleged discriminatory act.
B) Within 60 days of the alleged discriminatory act.
C) Within 90 days of the alleged discriminatory act.
D) Within 180 days of the alleged discriminatory act.
E) There is no time limit, an aggrieved party can file a claim at any time.

Question 22

Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

A) The plaintiff wins.
B) The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge.
C) The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur.
D) The burden remains with the plaintiff to prove discrimination beyond a reasonable doubt, a special standard in disparate-treatment cases.
E) The burden remains with the plaintiff to establish damages to a reasonable certainty.

Question 23

If an employer has a typing speed and proficiency test to assess the skills of their applicant for a word processing specific job, this type of test is known as a(n) ________ test.

A) content validity
B) criterion-related validity
C) construct validity
D) object validity
E) performance validity

Question 24

How many employees must have to be subjected to Title VII of the Civil Rights Act?

A) 15 or more
B) 20 or more
C) 30 or more
D) 50 or more
E) all employers are required to comply with Title VII

Question 25

________ is the difference between the amount of money the plaintiff earned since the discriminatory act and the amount of money she or he would have earned had the discriminatory act never occurred.

A) Front pay
B) Statutory pay
C) Back pay
D) Mandated pay
E) Employment-based pay

Question 26

In order to prove disparate treatment employment discrimination under Title VII, what is the first showing a plaintiff must make?

A) The plaintiff would demonstrate a prima facie case of discrimination.
B) The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext.
C) The plaintiff would prove beyond a reasonable doubt that discrimination occurred.
D) The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused.
E) The plaintiff would show that other people were also being discriminated against.

Question 27

In order for a plaintiff to bring a lawsuit under Title VII, they must

A) be employed for a minimum of 6 months.
B) be a member of a protected class
C) not be eligible to sue under state laws
D) have undisputed proof of discrimination
E) must be a member of a labor union

Question 28

Under Title VII, which of the following statements is true regarding an award of attorney fees?

A) Attorney fees are always awarded to the prevailing party in Title VII cases.
B) Similar to attorney fees in a motor vehicle accident lawsuit, attorney fees are never awarded to the prevailing party in Title VII cases.
C) Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendant.
D) Attorney fees are not awarded to a prevailing plaintiff; but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, a court may award attorney fees to the prevailing defendant.
E) Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust; and if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, a court may award attorney fees to the prevailing defendant.

Question 29

In Title VII cases based on discrimination other than race, which of the following statements is true regarding caps on punitive damages?

A) Punitive damages are capped at $300,000 for employers of more than 500 employees.
B) Punitive damages are capped at $50,000 for employers of between 100 and 200 employees.
C) Punitive damages are capped at $25,000 for employers of between 25 and 50 employees.
D) Punitive damages are capped at $75,000 for employers of between 50 and 200 employees.
E) There is no cap on punitive damages.

Question 30

Which of the following measures a psychological trait needed to perform a job?

A) Content validity
B) Criterion-related validity
C) Construct validity
D) Object validity
E) Performance validity

Question 31

When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

A) At any time after the charge is filed.
B) At any time after 180 days have elapsed since the filing of the charge.
C) At any time after 90 days have elapsed since the filing of the charge.
D) At any time after 60 days have elapsed since the filing of the charge.
E) The plaintiff does not have the right to request a right-to-sue letter from the EEOC.

Question 32

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class?

A) Disparate-treatment cases
B) Disparate-impact cases
C) Sexual harassment cases
D) All of these
E) Quid pro quo cases

Question 33

Barmin was notified by the EEOC that they have decided not to sue on his behalf in an action against Barmin's former employer. What would the EEOC provide Barmin with?

A) A no suit letter
B) A betterment letter
C) A referral notice
D) A right-to-sue letter
E) A letter of decline

Question 34

Which of the following is not a protected category protected by Title VII?

A) Race and color
B) religion
C) sex
D) age
E) national origin

Question 35

Tentino successfully won his discrimination suit against his company. Which of the following is not a remedy that is available to him under Title VII?

A) Court costs
B) Attorney fees
C) 3 years of backpay
D) Compensatory damages
E) Punitive damages

Question 36

With regard to employee testing, ________ is the statistical relationship between test scores and objective criterion of job performance.

A) content neutral validity
B) criterion-related validity
C) constructive validity
D) objective and subjective validity
E) true performance validity

Question 37

Which of the following type of discrimination is sometimes called "unintentional discrimination" cases?

A) Disparate-treatment cases
B) Disparate-impact cases
C) Sexual harassment cases
D) Equal Pay Act cases
E) All forms of discrimination are unintentional discrimination cases.

Question 38

What was the ruling of the U.S. Supreme Court in Oncale v. Sundowner Offshore Services, Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

A) That same sex harassment states a claim under Title VII only if the harasser is a homosexual.
B) That same sex harassment may never state a claim under Title VII.
C) That same sex harassment may state a claim in the male-to-male context but not in the female-to-female context.
D) That same sex harassment may state a claim under Title VII.
E) That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment.

Question 39

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

A) An employer cannot be held liable in such cases because the employer has no control over the nonemployee.
B) An employer is liable as a matter of law in such cases because an employer has an absolute duty to provide a work environment that is free of harassment.
C) An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee, yet the employer does nothing to remedy the situation.
D) An employer may only be held liable in such cases if quid pro quo harassment is involved.
E) An employer may only be held liable in such cases if disparate-impact harassment is involved.

Question 40

________ are not a type of entity that may be covered by Title VII.

A) Indian tribes
B) Private clubs
C) Unions
D) Employment agencies
E) Private employers with 10 or fewer employees

Question 41

How many employees does an employer need to have before the ADEA applies?

A) 10 or more employees
B) 15 or more employees
C) 20 or more employees
D) 30 or more employees
E) 50 or more employees

Question 42

In the text case Baldwin v. Foxx, where the plaintiff claimed he was not selected for a permanent position based on his gender and sexual orientation, the issue was whether plaintiff's claim of discrimination on the basis of sexual orientation stated a claim under Title VII. What was the result in the case?

A) The plaintiff's discrimination claim based on sexual orientation fell within the meaning of sex discrimination under Title VII.
B) The plaintiff's claim was barred because he initiated his claim more than 180 days after the alleged discrimination.
C) The plaintiff's discrimination claim based on sexual orientation was not protected under Title VII.
D) The plaintiff's discrimination claim was barred because he did not file a timely appeal.
E) The plaintiff's discrimination claim based on sexual orientation did not constitute sex discrimination under Title VII.

Question 43

[Pregnancy Peril] Julia, a server at Café Sunshine, found out she was pregnant. She was aware that Billy, her employer, had allowed employees who were ill for reasons unrelated to work to take paid time off. For example, Raul, another server, was off with pay for two months after suffering a mild heart attack, and Audrey, a cook, was off work for three months when she ran her personal watercraft into a dock and broke her leg. Julia, therefore, happily told Billy about her pregnancy. He angrily replied that as set forth in the employee handbook, pregnancy was completely voluntary; that she was not entitled to a dime when she was off work; and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. According to Billy, being slender was a bona fide occupational qualification for all servers. He said that because the restaurant serves families, he was concerned that kids would ask embarrassing questions of their parents regarding Julia's condition. Julia was angry and threatened to sue. Billy told her, however, that he had taken a business law class back in 1980 and learned that discrimination based on pregnancy is not covered by Title VII.
Is Julia entitled to be paid for time she is medically required to be off work because of her pregnancy?

A) No, courts have ruled that while an employer cannot fire a pregnant employee based on the pregnancy, employers do not have to pay the employee for time off because pregnancy is a voluntary condition; Julia is, therefore, not entitled to paid time off.
B) All employers covered by Title VII must pay employees for the time they are off work for pregnancy and for twelve weeks after delivery; It does not matter whether Julia's time off is medically required.
C) Yes, all employers covered by Title VII must pay employees half their pay for the time they are medically required to be off work for pregnancy; Julia is, therefore, entitled to at least some paid time off.
D) Yes, employers under Title VII must treat temporary disability caused by pregnancy the same as any other temporary disability; since Billy paid employees who were off work based upon other temporary disabilities, he should be required to pay Julia as well.
E) No, courts have ruled that employers only have to pay employees for time they are medically required to be off work for pregnancy if the employee handbook provides for such payments; Julia is, therefore, not entitled to paid time off.

Question 44

Is Seth's statement true concerning the need for psychological counseling to prevail on a sexual harassment claim?

A) No, a plaintiff is not required to show a tangible psychological injury in order to prevail on a sexual harassment claim.
B) Yes, a plaintiff is required to show a tangible psychological injury in order to prevail on any sexual discrimination or sexual harassment claim.
C) Yes, a plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless an independent witness can corroborate on an objective basis that sexual harassment actually occurred.
D) Yes, a plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless the plaintiff can show that the harassment caused the plaintiff monetary harm in the form of lost wages because of inability to work.
E) Yes, a plaintiff is only excused from showing a tangible psychological injury in a claim involving sexual harassment if the plaintiff can prove beyond a reasonable doubt that severe and pervasive harassment frequently occurred.

Question 45

Which of the following statements is false regarding the Americans with Disabilities Act?

A) A person is covered under the law if he or she is regarded as having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
B) A person is covered under the law if he or she has a record of having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
C) Claims based on emotional or psychiatric impairments are not allowed.
D) Typical accommodations for those with mental disabilities include providing a private office, flexible work schedule, restructured job, or time off for treatment.
E) An employer who has repeatedly violated the act may be subject to fines of up to $100,000.

Question 46

Shawn is a 52 year old professor who believes he has been discriminated against because of his age. He asks his friend Michelyn if he has any recourse under the ADEA since he is 52. Michelyn says the act does not apply to him. Is she correct?

A) Yes, the ADEA only applies to those over 65.
B) Yes, the ADEA only applies to females.
C) Yes, the ADEA only to those who are retired.
D) No, the ADEA would apply to Shawn since he is age 40 or older.
E) The ADEA does not apply to age but to disability.

Question 47

Which of the following statements is true regarding whether employers may discriminate against smokers?

A) There is a federal law specifically prohibiting employers from firing employees who smoke, but it does not address the hiring of those who smoke.
B) There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke.
C) There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke, and it also requires that employers have a designated smoking area.
D) There is no federal law prohibiting employers from firing employees who smoke although some states have laws protecting rights of smokers.
E) Neither federal nor state laws prohibit employers from firing employees who smoke.

Question 48

Under which federal law is sexual orientation specifically prohibited as a reason an employer cannot discriminate.

A) Title VII of the Civil Rights Act
B) The EEOC Employment Act
C) The American's with Disabilities Act
D) All states have antidiscrimination laws that protect sexual orientation.
E) While there is no federal law specifically prohibiting discrimination based on sexual orientation, some states do have laws prohibiting discrimination based on sexual orientation.

Question 49

[Pregnancy Peril] Julia, a server at Café Sunshine, found out she was pregnant. She was aware that Billy, her employer, had allowed employees who were ill for reasons unrelated to work to take paid time off. For example, Raul, another server, was off with pay for two months after suffering a mild heart attack, and Audrey, a cook, was off work for three months when she ran her personal watercraft into a dock and broke her leg. Julia, therefore, happily told Billy about her pregnancy. He angrily replied that as set forth in the employee handbook, pregnancy was completely voluntary; that she was not entitled to a dime when she was off work; and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. According to Billy, being slender was a bona fide occupational qualification for all servers. He said that because the restaurant serves families, he was concerned that kids would ask embarrassing questions of their parents regarding Julia's condition. Julia was angry and threatened to sue. Billy told her, however, that he had taken a business law class back in 1980 and learned that discrimination based on pregnancy is not covered by Title VII.
Is Billy's comment correct that pregnancy-based discrimination is not covered by Title VII?

A) He is correct, and pregnancy-based discrimination is not prohibited by federal law.
B) He is correct, and pregnancy-based discrimination is not prohibited by Title VII; but it is prohibited by Title IV.
C) Whether he is correct depends on the number of employees he has. Title VII was amended in 1989 to include pregnancy within its protection, but only for employers with over 50 employees.
D) He is incorrect because Title VII was amended in 1987 to include pregnancy within its protection.
E) He is incorrect because Title VII was amended in 1997 to include pregnancy within its protection for all employees other than professional level employees.

Question 50

In the case of Seth, what type of harassment, if any, were Astrid's caresses and suggestive statements?

A) Quid pro quo.
B) Hostile work environment.
C) Sexual discrimination.
D) Targeted.
E) None because she did not touch him in an inappropriate way.

Question 51

Which of the following acts has as its goal preventing employers from discriminating against employees and applicants with disabilities?

A) The Americans with Disabilities Act
B) The Disabled Citizens Act
C) The Handicapped Americans Act
D) The Disabled Americans Act
E) The Civil Rights Act-Title VII

Question 52

[Hairstyle Headaches] Astrid owned a hair and nail salon. She had a crush on Seth, a stylist and one of her employees. He paid her no attention. Finally, Astrid told him that if he wanted to keep his job and get the new professional blow dryer he'd requested, he needed to take her on a date and give her a kiss. Seth reluctantly did so. After the date, Astrid proceeded to make suggestive comments to Seth in front of other employees and to request that he rub her shoulders. When she passed Seth's station, she would caress him while he worked. Astrid also decided that Roscoe, another of her employees, was cute. She showered him with the same type of attention. Roscoe enjoyed the attention. Seth filed a claim against Astrid for sexual harassment. Seth asked Roscoe to join in the claim. Roscoe said that Astrid's attention never personally bothered him, but that if Seth could collect, then he wanted in on the action. Seth told Roscoe that he was going to see a psychologist to substantiate his claim, that such substantiation is necessary, and that Roscoe should consider doing likewise. Roscoe told him that he had no interest in seeing a psychologist but that his case was as strong as Seth's. He said that while he found Astrid entertaining, he should be able to recover if Seth recovered.
Which type of harassment, if any, was involved when Astridt old Seth that if he wanted to get a new blow dryer and keep his job, then he needed to take her out on a date?

A) Quid pro quo.
B) Hostile work environment.
C) Sexual discrimination.
D) Targeted.
E) None because at that point she had not physically touched him in any manner.

Question 53

Which of the following statements reflects the primary purpose of the Equal Pay Act?

A) To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job.
B) To eliminate situations in which women and also men were not paid equally for doing substantially the same job.
C) To eliminate situations in which women and men were being paid less that deserved for certain types of work.
D) To eliminate situations in which both men and women were denied overtime compensation and fair working conditions.
E) To eliminate situations in which men, women, and those of a different national origin were denied overtime compensation and fair working conditions.

Question 54

Which of the following is not a defense available to employers charged with age discrimination under the Age Discrimination in Employment Act?

A) The operation of a bona fide seniority system
B) That decisions are based on reasonable factors other than age
C) The bona fide occupational qualification defense
D) The qualified but aged defense
E) The executive exemption

Question 55

Which of the following is not a requirement to prove a hostile-environment sexual harassment claim?

A) The plaintiff suffered intentional, unwanted discrimination because of his or her sex.
B) The harassment was severe or pervasive.
C) The harassment negatively impacted the terms, conditions or privileges of the work environment.
D) That the harassment was by a superior or someone in higher authority.
E) Management knew or should have known about the harassment and did nothing about it.

Question 56

Under which exemption, if any, may an individual after age 65 be subject to termination under the Age Discrimination in Employment Act if the individual has been employed as a bona fide executive for at least two years immediately before retirement, and on retirement he or she is entitled to non-forfeitable annual retirement benefits of at least $44,000?

A) The retirement exemption
B) The executive exemption
C) The forfeiture exemption
D) The guaranteed income stream exemption
E) There is no such exemption

Question 57

Which of the following is not a situation under which men and women may be paid different wages under the Equal Pay Act?

A) When payment is made pursuant to a seniority system.
B) When payment is made pursuant to a merit system.
C) When payment is made pursuant to a system which measures earnings by quantity or quality of production.
D) When the differential is based on any factor other than sex.
E) When the parties sign a waiver.

Question 58

Women working in the workforce is a relatively new concept in many countries. Some countries still have a very low percentage of females working including Saudi Arabia. What is the percentage of women worker in Saudi Arabia's workforce?

A) 5%
B) 10%
C) 20%
D) 30%
E) 42%

Question 59

Will Billy prevail if he contends that because the new rule makes being slender a job requirement for all servers, he can require Julia to take time off work?

A) If he can prove that he also requires males to be of a certain type, then that is a bona fide occupational qualification; and Billy can require that of Julia with a resulting discharge.
B) Billy will only prevail on a defense of bona fide occupational qualification if he can establish that he has an established history of requiring skinny servers and that he did not single out Julia.
C) Billy will only prevail on a defense of bona fide occupational qualification if he can establish that Julia was attempting to voluntarily get pregnant.
D) Billy will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only.
E) Billy will lose because pursuant to the Pregnancy Discrimination Act (PDA) of 1987, an employer may not force a woman to take time off work during her pregnancy.

Question 60

Regarding Roscoe's claim of sexual harassment, which of the following is a true statement?

A) He will recover if Seth is able to recover because their claims will be reviewed as a group.
B) He will not be able to prevail because Astrid did not require that he take any action toward her in order to receive a work-related benefit or avoid a work-related detriment.
C) A recovery by Seth does not establish that Roscoe should recover because Roscoe would need to show that he subjectively found Astrid's conduct personally offensive.
D) Astrid's actions would be reviewed only on an objective basis, and what Roscoe subjectively thought is irrelevant.
E) Roscoe will be able to recover only if he can establish that he did not benefit through favors at work based upon Astrid's actions.

Question 61

Which of the following amended Title VII to expand the definition of sex discrimination to include discrimination based on pregnancy?

A) Equal Pay Act of 1963
B) Americans with Disabilities Act
C) Sex Discrimination and Employment Act of 1967
D) Pregnancy Discrimination Act of 1987
E) Sex Discrimination Act of 1973

Question 62

After a charge is filed with the EEOC and the EEOC finds reasonable cause, it will first attempt to eliminate the discriminatory practice through which of the following methods?

A) Conciliation
B) Mediation
C) Litigation
D) Arbitration
E) Intervention

Question 63

Which type of sexual harassment is defined as a sexual demand by a supervisor on someone of the opposite sex and this demand is reasonably perceived by the employee as a term or condition of employment?

A) Sexual innuendo harassment
B) Hostile work environment sexual harassment
C) Manipulative sexual harassment
D) Offensive sexual hostile environment harassment
E) Quid pro quo sexual harassment

Question 64

Which of the following is not considered federal discrimination legislation?

A) Title VII to the Civil Rights Act
B) Pregnancy Discrimination Act
C) Equal Opportunity for Employees Wanting to Work Act
D) Age Discrimination in Employment Act
E) American's with Disabilities Act

Question 65

Under the Pregnancy Discrimination Act of 1987, an employer must treat the pregnancy ________.

A) the same as a temporary disability.
B) the same as a temporary partial disability.
C) the same as a full disability.
D) the same as a permanent disability.
E) no different than any other person or they will be liable for gender discrimination.

Question 66

The Americans with Disabilities act prohibits discrimination against.

A) current employees only with a disability
B) employees that become disabled
C) job applicants that are disabled
D) job applicants as long as they notify the potential employer of a disability
E) employees and job applicants with disabilities.

Question 67

Which one of the following is not a method a business can use to protect itself from being involved in sexual harassment claims?

A) Implement a policy against sexual harassment
B) Require supervisory training
C) Provide a mechanism for receiving complaints
D) Refuse to hire women to avoid sexual harassment claims
E) Create a method for conducting prompt and thorough investigation of complaints

Question 68

Corrine is an employee at XEX company. She was given a very generic handbook when she started employment. The handbook says nothing about using social media while at work. She is fired one day and told she was fired based on the employee handbook. If she is an at-will employee, this could be considered ________.

A) a business practices exception to the at-will rule.
B) a breach of implied contract exception to the at-will rule.
C) the basis for a disparate treatment claim.
D) the basis for a disparate impact claim.
E) There are no exceptions to the at-will employment rule and Corrine would have no recourse.

Question 69

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
Will Cindy win on a claim under the Americans with Disabilities Act?

A) No, Cindy will lose because mental disabilities are not covered under the act.
B) Yes, Cindy will likely win because mental disabilities are covered under the act, and she had the right to ask for anything that would help her.
C) No, Cindy will likely lose because she has no proof of a mental impairment that substantially limits one or more of her major life activities.
D) No, Cindy will lose unless she can establish that she has a personality disorder because that is the only type of mental disability covered by the act.
E) No, Cindy will lose unless at least until she can establish that she has been in counseling for at least six months because that is required in order to establish a mental disability under the act.

Question 70

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
Will Cindy, Zeke, and Keanu be able to go directly to federal court with claims against ABC Corporation?

A) Yes, they will be able to do so.
B) Zeke and Keanu will be able to go straight to court; but plaintiffs alleging coverage based on a mental disability, such as Cindy, must first file a charge with the EEOC or an appropriate state agency.
C) Cindy will be able to go straight to court, but Zeke and Keanu will have to first file a charge with the EEOC or an appropriate state agency because only plaintiffs alleging coverage under the act based on a mental disability may go straight to court.
D) Only Keanu must first file a charge with the EEOC or an appropriate state agency because his claim is the only claim that would involve a substantial amount of money.
E) No, Cindy, Zeke, and Keanu must all first file a charge with the EEOC or with an appropriate state agency, and they will not be allowed to proceed in federal court without doing so.

Question 71

When it is necessary to the performance of a job, which of the following protected classes can an employer not use under the bona fide occupational qualification (BFOQ) defense?

A) gender.
B) national origin.
C) religion.
D) race or color.
E) all classes are subject to the BFOQ defense.

Question 72

Which of the following acts prohibits an employer from paying workers of one gender less than the wages paid to employees of the opposite gender for work that requires equal skill, effort, and responsibility?

A) Americans with Disabilities Act
B) Equal Pay Act of 1963
C) Disabled Discrimination and Employment Act of 1967
D) Sex Discrimination and Employment Act of 1967
E) Civil Rights Act of 1964

Question 73

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
Is Zeke covered under the Americans with Disabilities Act?

A) No, Zeke is not covered under the act because, by his own admission, he has no actual physical disability.
B) No, Zeke will not be covered under the act because he cannot establish that he has a documented mental disability.
C) Yes, Zeke would likely be covered under the act because he is regarded as having an impairment so long as he can establish that he is substantially limited in performing a major life activity.
D) No, Zeke would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability.
E) No, Zeke would not be covered under the act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the act pertaining to perceptions of disability.

Question 74

Which of the following acts prohibits employers from refusing to hire, discharging, or discriminating against employees in terms and conditions of employment on the basis of an employee's or applicant's being age 40 or older?

A) Civil Rights Act of 1964
B) Equal Pay Act of 1963
C) Age Discrimination in Employment Act of 1967
D) Age Discrimination and Harassment Act
E) Americans with Disabilities Act

Question 75

In response to a plaintiff's prima facie case of discrimination based on disparate treatment, what burden does the defendant have?

A) The defendant must articulate why the policy or practice is a "business necessity."
B) The defendant must articulate a legitimate, nondiscriminatory business reason for the action.
C) The defendant must articulate a reasonable business reason for the action.
D) The defendant must show that the alleged "business necessity" is not a mere pretext.
E) The defendant does not have a burden, as it is the plaintiff's duty to establish his or her case.

Question 76

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
Does ABC Corporation have any duty to provide Keanu with a second elevator, assuming Keanu can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability?

A) Yes, ABC Corporation must grant Keanu's request regardless of cost, since Keanu is covered under the act with an actual physical disability.
B) No, ABC Corporation is not required to accommodate Keanu unless the act until his doctor certifies that he has reached maximum medical improvement and will not get any better.
C) No, ABC Corporation will likely not be required to put in the second elevator because under the act, an employee is not supposed to ask for any accommodation from the employer.
D) No, ABC Corporation will likely not be required to put in the second elevator because Keanu can move his workstation, and putting in a second elevator would probably be an undue hardship on the employer.
E) No, ABC Corporation will likely not have to put in a second elevator because it will not benefit other employees, and an employer only has to make a change to a building as an accommodation under the act if the change will benefit a substantial number of employees.

Question 77

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
Does ABC Corporation have any duty to provide Zeke with a private office?

A) No, ABC Corporation would not have to provide Zeke with a private office because he is not covered by the Americans with Disabilities Act.
B) No, ABC Corporation would not have to provide Zeke with a private office because the only accommodation mandated for those with his condition is time off for counseling.
C) No, ABC Corporation would not have to provide Zeke with a private office because the act only contemplates accommodation through the placement of additional equipment to assist those with disabilities.
D) Yes, ABC Corporation would absolutely have to provide Zeke with a private office.
E) Yes, ABC Corporation would likely be required to provide Zeke with a private office unless the accommodation requested is not reasonable and would place an undue burden on the company.

Question 78

If a company has an at-will employee, it cannot fire him or her for an illegal reason. Which of the following is not an example of an illegal reason?

A) Violation of a state constitution
B) Violation of a state statute
C) Violation of federal law
D) Violation of public policy
E) Violation of the company's moral code

Question 79

What was the result in the case text Everson v. Michigan Department of Corrections in which the plaintiffs alleged that gender-based assignments at female correctional facilities violate Title VII of the Civil Rights Act of 1964.

A) The correctional facility's plan was reasonably necessary to the normal operation of its female prisons.
B) The correctional facility's plan was reasonable necessary because female prisoners would be more comfortable.
C) The correctional facility's plan was unreasonable because it failed to produce evidence that it was necessary.
D) The correctional facility's plan was unreasonable because it discriminated on the basis of gender.
E) The correctional facility's plan was unreasonable because it was too drastic for a temporary problem.

Question 80

What initial burden does a plaintiff have in order to state a cause of action for discrimination based on disparate impact?

A) The plaintiff must demonstrate a prima facie case of discrimination.
B) The plaintiff must establish statistically that a rule restricts employment for those in a protected class.
C) The plaintiff must show that the reason given by the employer is a mere pretext.
D) The plaintiff must show that the alleged "business necessity" is a mere pretext.
E) The plaintiff must provide specific examples of the employer's discrimination.