Deck 13: Employment Law II: Discrimination

Question 1

The 2013 version of the Employment Non-Discrimination Act (ENDA) excludes protection against gender identity discrimination.

Answer 1

False
Explanation: Several states and the District of Columbia prohibit employment discrimination based on gender identity or expression.The 2013 version of the Employment Non-Discrimination Act (ENDA) includes protection against gender identity discrimination.
Multiple Choice Questions

Question 2

_____ has been interpreted to forbid discrimination on the basis of race in employment,which is essentially a contractual relationship.

A)The Civil Rights Act of 1866
B)The Social Security Act
C)The Judicial Circuits Act
D)The Rehabilitation Act of 1973

Answer 2

A
Explanation: The Civil Rights Act of 1866 has been interpreted to forbid discrimination on the basis of race in employment,which is essentially a contractual relationship.However,this legal protection did not prevent discriminatory practices in housing,education,business,and employment.

Question 3

Taking medication or using a prosthetic device to overcome an impairment excludes an individual from protection under the Americans with Disabilities Act (ADA).

Answer 3

False
Explanation: The Americans with Disabilities Act (ADA) emphasizes that "disability" should be defined broadly in offering protection from employment discrimination.Taking medication or using a prosthetic device to overcome an impairment does not exclude an individual from the ADA's protection.

Question 4

Liam has been recently diagnosed with bipolar disorder,and thus his productivity levels vary drastically.Liam can be terminated from his current job as the Americans with Disabilities Act (ADA) does not cover psychological disorders.

Question 5

The Americans with Disabilities Act (ADA) amended Title VII of the Civil Rights Act of 1964,requiring pregnant employees to be treated the same as all other employees with temporary disabilities.

Question 6

Under Title VII of the Civil Rights Act of 1964,only women can sue for sexual harassment.

Question 7

The Age Discrimination in Employment Act (ADEA) protects employees who are 40 years and older from employment discrimination based on their age.

Question 8

Private clubs are not exempt from Title VII of the Civil Rights Act of 1964.

Question 9

The Equal Employment Opportunity Commission (EEOC) allows employers to impose a blanket ban on employees speaking their primary language in the workplace.

Question 10

Differences in wages and conditions of employment are permissible under the Civil Rights Act of 1964 where those differences are the result of a bona fide seniority system.

Question 11

An employer may defend against an age discrimination claim by showing that age is a bona fide occupational qualification (BFOQ).

Question 12

If the Equal Employment Opportunity Commission (EEOC) decides that an employment discrimination complaint does not have merit,the charge will be dismissed and a "right to sue" letter will be issued,thus allowing the charging party to proceed with her or his own litigation.

Question 13

Employment quotas and affirmative action justified broadly by "societal discrimination" are constitutional.

Question 14

Unequal wage payments are lawful if paid pursuant to a seniority system.

Question 15

Alcoholism,drug addiction,and AIDS are disabilities under the Americans with Disabilities Act (ADA).

Question 16

The employment portions of the Americans with Disabilities Act (ADA) extend to small businesses with fewer than 15 employees.

Question 17

A bona fide seniority system that perpetuates past wrongs is illegal only if discriminatory intent is proven.

Question 18

Any religious accommodation imposing more than a de minimis cost on an employer represents an undue hardship and is not required by Title VII of the Civil Rights Act of 1964.

Question 19

Employment discrimination is lawful where sex,religion,or national origin is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of a business.

Question 20

An employee seeking recovery for sexual harassment under Title VII of the Civil Rights Act of 1964 can only sue the person who actually committed the harassment,not the employer.

Question 21

In the context of employment discrimination,which of the following is a statutory defense against disparate treatment and disparate impact claims under Title VII of the Civil Rights Act of 1964?

A)Seniority
B)Marital status
C)Sexuality
D)Economic status

Question 22

Which of the following is true of the Pregnancy Discrimination Act (PDA)?

A)It requires that pregnant employees be treated the same as all other employees with temporary disabilities.
B)It compels an employee to reveal her pregnancy to a potential employer at the interview.
C)It requires employees to quit their job during pregnancy.
D)It states that employees cannot be promoted during pregnancy.

Question 23

Which of the following is a protected activity under Title VII's (the Civil Rights Act of 1964) antiretaliation provision?

A)An employer discriminating against an employee who opposes an employment practice that violates Title VII
B)A victim of sexual harassment at a workplace seeking recovery under Title VII by suing the person who actually committed the harassment
C)An employer forcing a pregnant employee to take time off or quit
D)An employee filing a charge of workplace discrimination

Question 24

Which of the following acts provides that U.S.citizens working abroad for American-owned or American-controlled companies are protected from employment discrimination?

A)The Civil Rights Act of 1991
B)The Social Security Act
C)The Patriot Act
D)The Rehabilitation Act of 1973

Question 25

In order to protect against an employer's abuse of power and to encourage exercise of employees' rights,_____ under Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee for engaging in a protected activity.

A)fair trial provision
B)antiretaliation provision
C)due process provision
D)clawback provision

Question 26

Which of the following is a characteristic of the Equal Pay Act of 1963?

A)According to the act,unequal wage payments are lawful if paid pursuant to a differential based on any factor other than race.
B)It forbids discrimination on the basis of sex by paying wages to employees of one sex at a rate less than the rate paid to employees of the opposite sex for equal work.
C)An employer seeking to avoid a violation of the Equal Pay Act can adjust its wage structure by lowering the wages paid to the favored sex performing equal work.
D)Under the act,unequal wage payments based on a seniority system or a merit system are unlawful.

Question 27

Which of the following federal agencies has the authority to issue regulations and guidelines as well as to receive,initiate,and investigate charges of employment discrimination against employers covered by federal antidiscrimination statutes?

A)The Department of Labor
B)The Equal Employment Opportunity Commission
C)The Department of Justice
D)The Employee Assistance Certificate Commission

Question 28

Under the Genetic Information Nondiscrimination Act (GINA),_____.

A)employees working for genetic engineering companies are not protected by federal antidiscrimination statutes
B)employees with genetic disorders cannot seek education or employment
C)employers are allowed to gather genetic information about an employee's family members without any exceptions
D)employers are prohibited from discriminating employees because of genetic information

Question 29

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

A)It forbids discrimination in hiring,firing,and all aspects of the employment relationship.
B)Private-sector employees are not covered under Title VII.
C)It prohibits religious organizations from discriminating in employment on the basis of religion.
D)Private clubs are not exempt from Title VII.

Question 30

In the context of employment discrimination,which of the following statements about disparate treatment is true?

A)Employees or applicants making claims of disparate treatment must prove their employers' intent to discriminate with either direct or indirect evidence.
B)Disparate treatment claims are solely restricted to the Age Discrimination in Employment Act (ADEA).
C)Disparate treatment claims arise from unintentional discrimination where an employment practice appearing to be neutral has the effect of adversely impacting a particular group.
D)Employees do not have to produce proof of intent in case of disparate treatment claims.

Question 31

If the employee selection rate for any protected class of individuals is less than 80 percent of the selection rate for the group with the highest selection rate,then the employment practice in question will be presumed to create a disparate impact.This is referred to as the _____.

A)10/90 gap
B)four-fifths rule
C)80/20 principle
D)ninety-ninety rule

Question 32

In the context of employment discrimination,which of the following is a difference between disparate treatment and disparate impact?

A)Disparate impact claims require victims to produce evidence,whereas disparate treatment claims do not.
B)Disparate impact is covered under Title VII of the Civil Rights Act,whereas disparate treatment is not.
C)Disparate treatment can be corrected through affirmative action,whereas disparate impact cannot.
D)Disparate treatment requires proof of intent,whereas disparate impact does not.

Question 33

Milly accepts a job of sanding and polishing boats at a large marina.She is constantly subjected to sexual comments and jokes from her male coworkers.Which of the following statements is true about Milly's legal rights in this scenario?

A)She cannot seek damages from the employer as the responsible party.
B)She is a victim of quid pro quo sexual harassment.
C)She has a hostile environment sexual harassment claim.
D)She cannot make any claims unless she was physically harassed.

Question 34

_____ offers a "foreign law defense" under which an employer would not be required to comply with Title VII of the Civil Rights Act of 1964 if to do so would violate a host country's law.

A)The Foreign Assistance Act
B)The Fair Labor Standards Act
C)The Civil Rights Act of 1866
D)The Civil Rights Act of 1991

Question 35

_____ to the U.S.Constitution provides that no state shall deny to any person life,liberty,or property without due process of law or deny him or her the equal protection of the laws.

A)The Fourth Amendment
B)The Second Amendment
C)The Fourteenth Amendment
D)The Fifteenth Amendment

Question 36

Most federal courts to date have ruled that victims of sexual harassment seeking recovery under _____ cannot sue the person who actually committed the harassment.

A)a tort claim
B)a state statute
C)Title VII of the Civil Rights Act of 1964
D)Section 2-306 of the Uniform Commercial Code

Question 37

Philip worked as a senior manager at Soft Techvo Inc.,a software company in Minnesota,for over 25 years.At the age of 53,Philip was denied a promotion because the company decided he was too old for the next-level job position.The new position was later filled by a younger employee whom Philip had previously supervised.Under the Age Discrimination in Employment Act (ADEA),Philip should file a:

A)lawsuit against his employer for taking affirmative action.
B)disability discrimination claim against his employer.
C)disparate treatment claim against his employer.
D)retaliation claim against his employer for denying him a promotion.

Question 38

Which of the following statements is true of the antiretaliation provision under Title VII of the Civil Rights Act of 1964?

A)It encourages labor unions to engage in closed shop arrangements.
B)It discourages exercise of employees' rights.
C)It shifts the power in an employment relationship in favor of the employer.
D)It protects employees opposing an employment practice that violates Title VII.

Question 39

Which of the following statements is true of the sex discrimination law?

A)Sex discrimination claims brought under Title VII of the Civil Rights Act of 1964 include disparate treatment and sexual harassment,but not disparate impact.
B)Discrimination is unlawful even if sex is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of a business.
C)Asking job applicants about pregnancy by an employer can be considered a form of sex discrimination.
D)Federal statutes related to sex discrimination at workplace cover only women.

Question 40

Which of the following refers to disparate impact analysis?

A)It involves situations in which employers use legitimate employment standards that,despite their apparent neutrality,impose a heavier burden on a protected class than on other employees.
B)It addresses intentional discrimination by an employer who has purposefully treated an employee or applicant less favorably because of his or her race,color,religion,national origin,gender,or membership in a group under another protected category.
C)It is a means of remedying past and present discriminatory wrongs in a more expeditious and thorough manner than the market might achieve on its own.
D)It is a process through which federal agencies ensure that employers make reasonable accommodations for disabled employees,irrespective of whether it creates an undue hardship or not.

Question 41

The 2013 version of _____ prohibits employers from discriminating on the basis of an employee's actual or perceived sexual orientation.

A)the American with Disabilities Act
B)the Genetic Information Nondiscrimination Act
C)the Employment Non-Discrimination Act
D)the Fair Labor Standards Act

Question 42

In the context of employment discrimination,how is a plaintiff's prima facie case of disparate treatment confirmed?

Question 43

Discrimination against transsexuals based on sex stereotyping is prohibited under _____.

A)the Americans with Disabilities Act
B)Section 2-306 of the Uniform Commercial Code
C)the Genetic Information Nondiscrimination Act
D)Title VII of the Civil Rights Act of 1964

Question 44

What is a bona fide occupational qualification (BFOQ)? How can an employer establish a BFOQ?

Question 45

Describe the role of Equal Employment Opportunity Commission (EEOC) in employment discrimination enforcement.

Question 46

Which of the following is true about accommodating individuals with disabilities?

A)The Americans with Disabilities Act (ADA) allows employers to discriminate in hiring or employing any individual with a disability.
B)The Americans with Disabilities Act (ADA) requires disabled employees to make their own reasonable accommodations.
C)An employer is required to provide an accommodation for disabled employees even if it would create an undue hardship for the employer.
D)An employer should engage in an interactive dialogue with the concerned employee to explore possible reasonable accommodations.

Question 47

Which of the following statements is true of the Americans with Disabilities Act (ADA)?

A)It requires that pregnant employees be treated the same as all other employees with temporary disabilities.
B)It does not protect employees with past drug or alcohol problems.
C)It requires an employer to provide an accommodation for disabled employees even if it creates an undue hardship for the employer.
D)It excludes from its protection job applicants and employees who currently use illegal drugs.

Question 48

_____ is a means of remedying past and present discriminatory wrongs in a more expeditious and thorough manner than the market might achieve on its own.

A)Statutory defense
B)Disparate treatment
C)Affirmative action
D)Retaliation provision

Question 49

Briefly discuss the Civil Rights Act of 1866.

Question 50

What are the remedies available to victims of unlawful employment discrimination?

Question 51

Contrast disparate treatment with disparate or adverse impact.

Question 52

Which of the following is a feature of the Americans with Disabilities Act (ADA)?

A)It seeks to remove employment barriers to provide a full,productive life for individuals with disabilities.
B)It protects employees who are 40 years and older from employment discrimination based on their age.
C)It requires an employer to make workplace accommodations for disabled employees even if it results in an undue hardship for the employer.
D)It requires that pregnant employees be treated the same as all other employees with permanent disabilities.

Question 53

Define quid pro quo sexual harassment and hostile environment sexual harassment.

Question 54

In the context of employment discrimination,a prima facie case of retaliation requires a(n):

A)affirmative action plan initiated by the employer.
B)casual connection between the protected activity and the adverse employment action.
C)employment practice that does not violate Title VII of the Civil Rights Act.
D)employment action benefiting the plaintiff.

Question 55

Briefly explain the effect of the Civil Rights Act of 1964 on employment discrimination.