Deck 20: Management: Employment Discrimination

Question 1

All employers are covered under Title VII.

Answer 1

False

Question 2

Labor unions are exempt from Title VII.

Answer 2

False

Question 3

Pattern or practice of discrimination is discrimination against a group rather than a person.

Answer 3

True

Question 4

Disparate impact cases require proof of the same elements as disparate treatment cases.

Question 5

Under the Pregnancy Discrimination Act,employers are not prohibited from requiring pregnant employees to stop employment at a certain time during the pregnancy.

Question 6

Disparate treatment requires proof that there was a discriminatory reason for the employment decision.

Question 7

State agencies are covered under Title VII.

Question 8

An insurance company that prohibits female employees from working as estimators,but not men has discriminated by disparate treatment.

Question 9

Sexual harassment requires proof of physical contact.

Question 10

Under the Pregnancy Discrimination Act,a mother returning to work after maternity leave cannot be demoted.

Question 11

The Family Medical and Leave Act provides twelve weeks of paid leave in certain circumstances.

Question 12

The Equal Employment Opportunity Act and the Pregnancy Discrimination Act are amendments to Title VII.

Question 13

The Ricci case held that the fear of litigation alone can justify an employer's reliance on race to discriminate against other qualified employees.

Question 14

Sex discrimination complaints are the most common type of employment discrimination complaints.

Question 15

McDonnell Douglas v.Green was the U.S.Supreme Court case that established the elements of proof for a disparate treatment case.

Question 16

Customer preference is a justification for discrimination on the basis of sex.

Question 17

Only the hiring process is covered under Title VII.

Question 18

The Equal Pay Act addressed only the issue of wage discrimination.

Question 19

Categories protected against discrimination under Title VII include race,color,sex and sexual orientation.

Question 20

The Lilly Ledbetter Fair Pay Act states that each paycheck triggers a new 180-day filing period to sue.

Question 21

The Family Medical and Leave Act provides for a paid 12-week leave for family illness,birth,or adoption.

Question 22

Seniority systems can still be used under Title VII.

Question 23

The Rehabilitation Act of 1973 applies to all employers.

Question 24

The Age Discrimination Act protects those who are 40 to 75 years old.

Question 25

Title VII provisions do not apply to decisions on admitting employees as partners.

Question 26

The BFOQ defense to discrimination charges is very broad.

Question 27

Reasonable accommodation is required of employers when employee's religious beliefs interfere with work schedules.

Question 28

Employers are required to make reasonable accommodations for employees' religious beliefs and practices.

Question 29

An atmosphere of harassment can result in employer liability even if the employer is unaware of specific claims.

Question 30

The Americans with Disabilities Act applies to all employers.

Question 31

Affirmative action programs are required under Title VII.

Question 32

The EEOC is responsible for enforcement of Title VII.

Question 33

Quota programs are permissible under affirmative action.

Question 34

The ADA prohibits discrimination on the basis of disability against otherwise qualified applicants.

Question 35

A right-to-sue letter is given after administrative remedies are exhausted.

Question 36

Religious discrimination is permitted by churches when they are interviewing for a pastor.

Question 37

Seniority and merit systems are not subject to Title VII prohibitions.

Question 38

Title VII remedies include back pay and punitive damages.

Question 39

Under Title VII,employers cannot use aptitude tests.

Question 40

Quid pro quo is a form of sexual harassment.

Question 41

Lying by an employee on an employment application is a complete defense to a later charge of discrimination by that employee.

Question 42

The Family Medical and Leave Act applies only to women.

Question 43

Which statute is not an amendment to Title VII?

A)Equal Pay Act
B)Equal Employment Opportunity Act
C)Pregnancy Discrimination Act
D)All of the above are amendments to Title VII.

Question 44

The ADA mandates employer expenses for reasonable accommodations for employees with disabilities.

Question 45

Title VII discrimination provisions apply only to employers with 50 or more employees.

Question 46

Seniority and merit systems are void under Title VII.

Question 47

Which are not subject to Title VII?

A)employers with at least 15 year-round workers
B)labor unions with a hiring hall
C)labor unions with 15 or more members
D)employment agencies
E)All of the above are subject to Title VII.

Question 48

An employer rule prohibiting female employees from attending law school at night while allowing men to do so is an example of disparate treatment discrimination.

Question 49

Employers are vicariously liable for the sexual harassment of their employees.

Question 50

The presence of sexually suggestive e-mails on an employer's e-mail system can be the basis of a claim for atmosphere of harassment.

Question 51

A disparate impact case:

A)requires the same proof as a disparate treatment case.
B)does not apply to promotions.
C)requires proof of intent to discriminate.
D)does not apply if a reasonable rule produces the disparate impact.
E)none of the above

Question 52

Which of the following employers are not subject to Title VII?

A)Congress
B)defense contractors
C)religious corporations when hiring clerical personnel
D)None of the above is subject to Title VII.

Question 53

Costco violated Title VII in Cloutier v.Costco by not giving a reasonable accommodation to one of its employees.

Question 54

Title VII does not apply to U.S.corporations' operations in other countries.

Question 55

What is required to establish a prima facie case for disparate treatment?

A)plaintiff must belong to a minority group
B)plaintiff must have been qualified for the job
C)a minority was not hired
D)a and b only
E)a, b, and c

Question 56

"Can you lift 20 pounds without use of that arm?" is a job interview question that violates the ADA.

Question 57

The statute of limitations on EEOA claims is four years.

Question 58

The only employers required to have affirmative action plans are government agencies.

Question 59

Employee misconduct is a defense to discrimination charges even if the misconduct was not known at the time of the alleged discrimination.

Question 60

An affirmative action plan is invalid unless approved by a federal district court.

Question 61

Under Title VII,sexual harassment complaints require proof of:

A)actual physical contact.
B)involuntary sexual acts.
C)either verbal or physical suggestions.
D)none of the above

Question 62

Title VII is not applicable to:

A)professional positions.
B)merit pay systems.
C)partnership decisions.
D)none of the above

Question 63

Religious discrimination is lawful if:

A)a church is looking for a pastor.
B)the person's religion prevented them from working a certain shift.
C)the religious beliefs will interfere with effective work.
D)none of the above

Question 64

Seniority systems:

A)were outlawed under Title VII.
B)are violations of the Age Discrimination Act.
C)can be valid if they are not used to perpetuate past discrimination.
D)none of the above

Question 65

The statute of limitations for an employee to file an EEOC complaint for sexual harassment is:

A)90 days.
B)180 days.
C)two years.
D)none of the above

Question 66

Aptitude tests:

A)were outlawed under Title VII.
B)are valid if related to job performance and do not result in a disparate impact.
C)are per se discriminatory.
D)none of the above

Question 67

Under Title VII,an atmosphere of harassment can exist:

A)only if the employer has received complaints.
B)only if acts of quid pro quo have occurred.
C)if the employer should have known.
D)none of the above

Question 68

Merit systems:

A)are valid if applicable to all employees.
B)were outlawed under Title VII.
C)are valid if sanctioned by a union.
D)none of the above

Question 69

The right-to-sue letter is:

A)EEOC certification that administrative remedies have been exhausted.
B)issued by state agencies to allow the EEOC to become involved.
C)issued only if the EEOC agrees with the employee's charges.
D)none of the above

Question 70

The Pregnancy Discrimination Act:

A)prohibits employers from requiring pregnant women to take leaves.
B)prohibits employers from cutting the pay of women who return to work after maternity leave.
C)prohibits employers from basing a promotion decision on the basis of a pregnancy or planned pregnancy.
D)all of the above

Question 71

Which type of alleged discrimination typically has the highest number of complaints filed with the EEOC?

A)Religious
B)National origin
C)Disabilities
D)Race

Question 72

A bona fide occupational qualification is a defense to discrimination charges if:

A)it can be established that customer preference is the basis for discrimination.
B)the job can be established as too strenuous for women.
C)it is customary for a woman to hold the job.
D)none of the above

Question 73

Under Title VII,employers who have had an incident of sexual harassment reported to them:

A)are required to take some action to investigate the complaint.
B)can be held liable in tort for their inaction.
C)must take disciplinary action immediately.
D)both a and b
E)none of the above

Question 74

Affirmative action programs:

A)are permitted only when the employer has a past history of discrimination.
B)must have quotas.
C)can be mandated by the EEOc.
D)none of the above

Question 75

The Age Discrimination Act:

A)applies to employers with 20 or more employees.
B)applies to employees who are 40 to 75 years old.
C)is enforced by the EEOc.
D)all of the above

Question 76

The prohibitions on sex discrimination apply only to:

A)job hiring decisions.
B)promotions.
C)wage increases.
D)a, b, and c
E)none of the above

Question 77

Which of the following is not a remedy in an EEOC action?

A)injunction
B)back pay
C)punitive damages
D)All of the above are remedies.

Question 78

Which of the following employers are obligated to undertake affirmative action?

A)those employers who have been subject to a consent decree or court order for past charges
B)colleges and universities that receive federal funds
C)government contractors
D)all of the above

Question 79

The pattern or practice of discrimination cases:

A)requires proof of intent to discriminate.
B)places the burden of proof on the employer.
C)often involves statistical comparisons of the general population and the employer's work force.
D)none of the above

Question 80

The Rehabilitation Act of 1973:

A)applies only to employers receiving federal financial assistance.
B)is enforced by the EEOC.
C)does not apply to federal contractors.
D)a, b, and c