Deck 41: Employment Discrimination

Question 1

The EEOC is a seven-member commission whose members are appointed by the president with approval of the House of Representatives.

Answer 1

False

Question 2

During and immediately after the investigation, the EEOC is required by statute to engage in conciliation negotiations.

Answer 2

True

Question 3

One fundamental tenet of federal antidiscrimination laws is that all discrimination is illegal.

Answer 3

False

Question 4

Title VII of the Civil Rights Act of 1964 and its amendments make up the centerpiece of antidiscrimination statutes.

Question 5

The quid pro quo theory is derived from the Latin phrase meaning "something for nothing at all". An example of this theory would be a harasser demanding sexual favors as a condition of continued employment or as a prerequsite for a promotion or pay raise.

Question 6

The most common type of sexual harassment takes the form of a hostile work environment.

Question 7

Title VII provides aggrieved employees with a narrow range of remedies to compensate for unlawful discrimination.

Question 8

Punitive damages (intended to deter future conduct of employers) are available only when a plaintiff proves that a private employer acted with malice, in retaliation, or with reckless disregard for the employment discrimination laws.

Question 9

If a plaintiff is attempting to prove age discrimination based on the fact that younger employees are treated more favorably, then the plaintiff must prove that the younger employees are substantially younger.

Question 10

Under the Age Discrimination in Employment Act (ADEA), employers are prohibited from discriminating against employees on the basis of their age once an employee has reached age 45.

Question 11

Perhaps the narrowest defense to employment discrimination is when a business can justify discrimination on the basis that it is legitimately necessary to the business operations of the company.

Question 12

Each antidiscrimination statute has its own set of defenses, but there is some level of commonality among employer defenses.

Question 13

Statutes do not allow race to be used as a bona fide occupational qualification (BFOQ).

Question 14

Each state has its own statutes that are often modeled after the federal statutes.

Question 15

The EEOC is a __________ commission whose members are appointed by the president with approval of the Senate.

A) three-member
B) five-member
C) seven-member
D) nine-member

Question 16

Under the term employment discrimination, what is/are considered workplace-related discrimination?

A) the hiring process only
B) treatment of employees and their work schedules
C) disciplinary action
D) All of the choices are correct.

Question 17

A standard that is applied to all employees or candidates for employment equally but nevertheless is shown to be discriminatory is called a __________ standard.

A) facially neutral
B) generally neutral
C) biased based
D) based in fact

Question 18

Disparate treatment is analyzed using the __________ standard.

A) Frank-Dodd
B) McDonnell Douglas
C) Douglas McDonald
D) Charter Smith

Question 19

What may be considered violations of Title VII:

A) unwelcome sexual advances
B) requests for sexual favors
C) verbal or physical conduct of a sexual nature
D) All of the choices are correct.

Question 20

If the harasser is a supervisor who has the power to hire, fire, demote, promote, transfer, or discipline the employee, and the harassment culminates in a tangible employment action, the employer is __________.

A) strictly liable
B) off the hook
C) considered for parole
D) None of the choices are correct.

Question 21

A/an __________ is a Title VII remedy which results in a court order to cease engaging in a particular unlawful practice or an order compelling a party to act.

A) desist
B) fixer
C) endeavor
D) injunction

Question 22

__________ damages could be in the form of back pay for the aggrieved employee.

A) criminal
B) administrative
C) compensatory
D) None of the choices are correct.

Question 23

__________ damages are available only when a plaintiff proves that a private employer acted with malice, in retaliation, or with reckless disregard for the employment discrimination laws.

A) labor
B) compensatory
C) punitive
D) None of the choices are correct.

Question 24

If the employee makes a __________ case, then the employer must present a nondiscriminatory reason for the adverse employment action.

A) local
B) good
C) prima facie
D) heavily investigated

Question 25

Who(m) may be excluded from a prohibition on mandatory retirement policies?

A) pilots
B) federal law enforcement officers
C) fire fighters
D) All of the choices are correct.

Question 26

The Americans with Disabilities Act does not require an employer to provide accommodations that constitute a(n) __________ on the employer

A) contract
B) undue hardship
C) promise for future employment
D) None of the choices are correct.

Question 27

The ADA was originally passed in 1990, but it was amended in 2008 in order to settle some of the more __________ interpretations by courts related to the definition of a disability.

A) strictly construed
B) on-point
C) controversial
D) broad

Question 28

The ADA defines __________ as a physical or mental impairment that substantially limits a person's ability to participate in major life activities.

A) disability
B) disturbances
C) strife
D) None of the choices are correct.

Question 29

As the narrow interpretation of ADA solidified in federal courts, Congress passed an amendment to the ADA that effectively __________ the Supreme Court's efforts to read the disabilities category as a narrow class of ailments.

A) agreed with
B) amended
C) complied with
D) reversed

Question 30

The ADA Amendments Act of 2008 (ADAAA) __________ the statutory protections to specifically cover disabilities that had been excluded from coverage by virtue of the Supreme Court's ADA case law.

A) expanded
B) threatened
C) lowered
D) None of the choices are correct.

Question 31

Even if an individual does not meet the definitional requirements of disability under the ADA, employees still may be protected by the ADA under an alternative theory of the act known as the __________.

A) employment contract
B) regarded-as test
C) usage agreement
D) All of the choices are correct.

Question 32

The Americans with Disabilities Act defines a __________ individual as someone who, with or without reasonable accommodation, can perform the "essential functions" of the employment position that such individual holds or desires.

A) qualified
B) subpar
C) status quo
D) inept

Question 33

The Faragher/Ellerth defense is a __________ created affirmative defense whereby an employer may avoid vicarious liability by proving that a system was in place that was intended to deter, prevent, report, and correct any harassment.

A) statutorily
B) judicially
C) adminstratively
D) None of the choices are correct.

Question 34

Perhaps the broadest defense to employment discrimination is when a business can justify discrimination on the basis that it is __________ necessary to the business operations of the company.

A) legitimately
B) profoundly
C) absolutely
D) unequivocally

Question 35

A bona fide occupational qualification (BFOQ) that is reasonably necessary to the normal operation of that particular business or enterprise is

A) never allowed
B) allowed
C) up to the employer only
D) allowed for race

Question 36

Affirmative action in employment began during __________ when President Franklin D. Roosevelt issued an executive order banning racial, religious, and gender discrimination in the defense industry.

A) the Battle of the Marne
B) World War I
C) World War II
D) Vietnam War

Question 37

__________ action does not require absolute equality.

A) Major
B) Termination
C) Unequivocal
D) Affirmative

Question 38

One of the most __________ issues under affirmative action involves quotas.

A) obvious
B) misrepresented
C) misunderstood
D) None of the choices are correct.

Question 39

Carter is a brand representative at an exclusive shopping store that requires male brand representatives to have long hair. After a 90-day evaluation with his boss, it is clear that Carter has refused to stop cutting his hair in accordance with the standards. He is fired on the spot. Which of the following is true?

A) Carter has a claim under Title VII based on disparate impact.
B) Carter has a claim under the Age Discrimination in Employment Act if they replace him with someone younger.
C) Carter has no claim under Title VII because of the protected class requirement.
D) Carter has no claim under Title VII because he is an exempt employee.