Deck 20: Discrimination in Employment

Question 1

Race can never be a BFOQ.

Answer 1

True
Explanation: EEOC guidelines on sex discrimination consider sex to be a bona fide occupational qualification, for example, where it is necessary for authenticity or genuineness in hiring an actor or actress. The omission of race and color from this exception must mean that Congress does not feel these two factors are ever bona fide occupational qualifications.

Question 2

Under the Equal Employment Opportunity Act of 1972, the EEOC can file a civil suit in a federal district court and represent a person charging a violation of the Act.

Answer 2

True
Explanation: Under the Equal Employment Opportunity Act of 1972, the EEOC can file a civil suit in a federal district court and represent a person charging a violation of the Act.

Question 3

Setting a passing score for Asians at 80 out of 100 and a passing score of 60 out of 100 for all other applicants is an example of race norming.

Answer 3

True
Explanation: Race norming is the practice of setting two different cutoff test scores for employment based on race or one of the other Title VII categories.

Question 4

Employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions in the same manner as other conditions are covered.

Question 5

EEOC guidelines allow employers to classify jobs as male or female, as well as to have male and female seniority lists.

Question 6

Title VII prohibits discrimination against employees based on their sexual orientation.

Question 7

A successful plaintiff in an Age Discrimination in Employment Act (ADEA) action cannot recover money damages from a state entity.

Question 8

The 1991 Civil Rights Act amendments state that the showing of a statistically imbalanced workforce is not enough in itself to establish a violation of Title VII.

Question 9

A charge establishing sexual harassment grounds may exist even if no economic loss is shown.

Question 10

In a disparate impact suit, the plaintiff must convince the court that the employer intentionally discriminated against the plaintiff.

Question 11

If the employer stops a pregnant employee from working because the employer truly believes that it is in the best interests of the mother and baby, the employer has not violated the Pregnancy Discrimination Act even if the employee is capable and willing to continue working.

Question 12

The 1991 Civil Rights Act amendments prohibit the setting of quotas in employment.

Question 13

Even if the plaintiff proves disparate treatment, the defendant can win by showing that all or substantially all members of the plaintiff's class cannot perform the duties of the job.

Question 14

The affirmative act of hiring for a discriminatory reason is illegal.

Question 15

Businesses with fewer than 250 employees and federal contracts under $1 million do not have to prepare written affirmative action plans for hiring women and minorities.

Question 16

Willful violations of the Age Discrimination in Employment Act entitle victims to triple damages.

Question 17

Discrimination against vegetarians could result in successful EEOC religious discrimination suits.

Question 18

When enacting the Civil Rights Act of 1964, Congress clearly intended to preempt states' fair employment laws.

Question 19

Some states have passed laws protecting employees on the basis of sexual orientation; however, none to date have enacted gender identity protections.

Question 20

Refusing to hire people because of a poor credit rating, when minorities are disproportionately affected, would be an example of disparate impact on race.

Question 21

State antidiscrimination laws cannot protect categories of persons not stipulated by federal law.

Question 22

The EEOC was created by the:

A) Civil Rights Act of 1964.
B) 1972 Equal Employment Opportunity Act.
C) Americans with Disabilities Act.
D) Age Discrimination in Employment Act.
E) Civil Rights Act of 1991.

Question 23

Under the Americans with Disabilities Act (ADA), compensatory and punitive damages are available for policies that have disparate impact.

Question 24

Federal laws concerning equal employment opportunity specifically prohibit state laws from imposing additional duties and liabilities.

Question 25

In 1991, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages per person to be up to:

A) $100,000.
B) $250,000.
C) $300,000.
D) $1 million.
E) $400,000.

Question 26

A supervisor has 10 employees (five men and five women) who have the same job titles and same work responsibilities. He refuses to let the female employees bid on overtime assignments because he thinks they should be home at 5 p.m. to get dinner ready. This is an example of:

A) reverse discrimination.
B) business necessity defense.
C) retaliation.
D) disparate impact.
E) disparate treatment.

Question 27

The Fair Employment Practices Commission has the power to make rules and regulations and hear and decide charges of violations filed by complainants.

Question 28

The Health Insurance Portability and Accountability Act (HIPAA) applies to individuals who purchase individual health insurance.

Question 29

A 911 emergency response service needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected due to their poor English-speaking skills. They file a complaint on the grounds of discrimination based on nationality. Their complaint is quashed. Here, the defense of the federal government is on the grounds of:

A) undue hardship.
B) inculpatory evidence.
C) exclusionary rule.
D) circumstantial evidence.
E) bona fide occupational qualifications.

Question 30

Eva has opened a women's-only health spa. She requires 21 employees and has so far hired 20 employees. Sixteen of the hires are women. Four are men who do overnight custodial and maintenance work when the spa is closed. Eva puts an ad in the paper for a locker room attendant and Jack applies for the job. When Eva tells Jack that she will only hire a woman, Jack sues for discrimination based on sex. Which of the following is true?

A) Jack wins under Title VII if he can show that he is capable of doing locker room attendant functions.
B) Jack wins because men are under represented at the spa and so affirmative action requires that Eva must hire men to set right the imbalance.
C) Eva wins because it is her facility and she can hire and fire whoever she wants.
D) Eva wins because it is likely that she can show that being female is a BFOQ for the position.
E) Jack wins as this act promotes one gender at the cost of the other which is a case of gender discrimination under Title VII.

Question 31

Agreements that mandate binding arbitration of discrimination claims as a condition of employment are concordant with the fundamental principles of antidiscrimination laws.

Question 32

The members of the Equal Employment Opportunity Commission (EEOC) are:

A) appointed by the Senate on the recommendation of the president.
B) appointed by the president, with the advice and consent of the House of Representatives.
C) elected by the people.
D) appointed by the House of Representatives on the recommendation of the president.
E) appointed by the president, with the advice and consent of the Senate.

Question 33

Which employers are covered under the Genetic Information Nondiscrimination Act?

A) Employers with 15 or more employees
B) Government contractors
C) Government contractors with 250 employees
D) All employers regardless of size or government affiliation
E) Private contractors

Question 34

The Genetic Information Nondiscrimination Act (GINA) establishes a federal baseline for protection against employment discrimination based on genetic information.

Question 35

Interpreting Congressional intent, which of the following is never a BFOQ?

A) Race
B) Sex
C) Religion
D) National origin
E) Sexual orientation

Question 36

Under the 1991 Civil Rights Act amendments, _____ damages include damages for the pain and suffering of discrimination.

A) punitive
B) speculative
C) nominal
D) restitutionary
E) compensatory

Question 37

Undue hardship can be a reason for an employer not making reasonable accommodation for disabled employees.

Question 38

_____ mark(s) the first significant federal limitation on the relatively unrestricted right of employers to hire and fire.

A) The Civil Rights Act of 1866
B) Passage of labor law in the 1920s and 1930s
C) The Civil Rights Act of 1964
D) Executive orders from President Franklin Roosevelt
E) Executive orders in the 1950s

Question 39

A typical state act makes it an unfair employment practice for any employer to refuse to hire any individual because of his/her ancestry.

Question 40

The Health Insurance Portability and Accountability Act (HIPAA) primarily prevents discrimination against individual employees in small businesses.

Question 41

Since the passage of the Pregnancy Discrimination Act, employers with health or disability plans must:

A) cover all abortions.
B) allow a stated mandatory leave of absence following birth.
C) cover the wives of male employees as it does female employees.
D) ensure a pay cut for employees availing pregnancy leave.
E) cover only voluntary abortions.

Question 42

Under Title VII, sexual harassment:

A) requires a quid pro quo situation.
B) must be between an employee and a supervisor to be actionable.
C) can be the creation of a hostile work environment based on unwanted sexual comments.
D) can occur only if the people involved are of opposite sexes.
E) can occur only if there is the question of economic loss.

Question 43

Which of the following is an example of "race norming"?

A) Setting a quota designed to balance the black/white percentage of an employer's workforce.
B) Conducting lessons in the English language for non-English-speaking employees to further effective communications.
C) Designing an employment test and setting the passing score for white job applicants at 75 percent and the passing score for the minority job applicants at 65 percent.
D) Firing white employees to make room for new African-American hires.
E) Providing more promotion opportunities to members of a particular race at the expense of the others.

Question 44

Making offensive remarks about looks, telling lewd jokes, or engaging in suggestive touching are all examples of:

A) quid pro quo.
B) hostile work environment.
C) felony.
D) prejudice.
E) defamation.

Question 45

The _____ requirement means that federally contracting employers must hire members of these groups when there are fewer minority workers in a given job category than one could reasonably expect, considering their availability.

A) disparate treatment
B) affirmative action
C) reverse discrimination
D) retaliation
E) business necessity defense

Question 46

Anna files a lawsuit against her employers on the grounds of hostile work environment. Ed, a black co-worker of Anna's, is interviewed by the EEOC to investigate Anna's claim. During the interview, Ed supports Anna's complaint, verifying each of her claims as being true. When management hears that Ed has cooperated with the EEOC and given damning testimony against the company, they transfer him to their facility at International Falls, MN. Ed's salary remains the same as does his job title. The standard of living in International Falls is much lower than where he lives now. Which of the following is true?

A) Ed is a victim of disparate treatment.
B) Ed is a victim of disparate impact.
C) Ed is a victim of retaliation.
D) Ed has no cause for action because his salary and job title have not been affected.
E) Ed has no cause for action as the organization reserves the right to transfer its employees according to its requirements.

Question 47

An employee must file charges of illegal discrimination with the EEOC within _____ days after the unlawful practice occurred.

A) 90
B) 120
C) 180
D) 365
E) 60

Question 48

With regard to employer provided health and disability plans:

A) an employer that provides childbirth benefits to married women may deny the same to single mothers if the employer finds single motherhood morally objectionable.
B) if a female employee undergoes an abortion, the abortion may be excluded from coverage but the employee is still entitled to other benefits such as sick leave.
C) an employer's plan that covers childbirth for female employees excludes coverage for wives of male employees.
D) an employer is not required to provide abortion coverage even if the employee's life is endangered.
E) an employer can specify how long a leave of absence must be taken after childbirth.

Question 49

Halle notices that there are unfair pay practices going on at her company wherein whites are being paid higher than African Americans for the same job. She files a complaint because she feels the company is not following the law. The company does not take kindly to the complaint. Halle is demoted, her staff has been taken away from her, and she is forced to take a salary cut. This is an example of:

A) affirmative action.
B) disparate impact.
C) reverse discrimination.
D) retaliation.
E) business necessity defense.

Question 50

Maria has filed a sexual harassment suit against her employer. She states in the suit that she is often subjected to jokes about her Hispanic heritage. She has also complained that the male employees are frequently staring at her and commenting on her figure in an offensive and provocative way. Maria's job evaluations have been excellent both before and after her complaints and she has received regular merit raises. Personally, she has trouble sleeping at night, has lost much of her appetite, and is often depressed due to harassment at work. Which of the following is true?

A) Maria is a victim of quid pro quo harassment.
B) Maria is a victim of hostile environment harassment.
C) Maria is a victim of retaliatory treatment.
D) Maria has no cause of action because her job has not been impacted.
E) Maria is a victim of race norming.

Question 51

Which of the following specifically prohibit the practice of race norming of employment tests?

A) The Civil Rights Act of 1924
B) The Civil Rights Act of 1964
C) The Civil Rights Act amendments of 1991
D) The EEOC through an administrative regulation
E) The Civil Rights Act of 1957

Question 52

Affirmative action:

A) is the same thing as setting a quota.
B) is prohibited by the 1991 Civil Rights Act amendments.
C) requires that federally contracting employers recruit members of minority groups being underused in the workforce.
D) requires that all employers hire members of minority groups being underrepresented in the labor force.
E) states that the act of hiring for a discriminatory reason is apparently illegal.

Question 53

Discrimination in pay is allowed if:

A) it arises from a piecework production system.
B) the discrimination is confidential.
C) it is based on personal characteristics.
D) the salary is not in U.S. dollars.
E) it is based on gender.

Question 54

The Pregnancy Discrimination Act:

A) covers only married pregnant women.
B) provides for medical coverage in case of medical complications arising from voluntary abortions.
C) requires than an employer specify how long a leave of absence be taken after childbirth.
D) bars a pregnant woman from all other benefits provided for employees if she undergoes an abortion.
E) bars the inclusion of the pregnancies of male employees' wives in the employer's health insurance plan.

Question 55

With regard to the Equal Pay Act, courts have recognized that "equal" means:

A) identical.
B) indistinguishable.
C) substantially equal.
D) vaguely equal.
E) similar.

Question 56

With respect to an employee's religious beliefs, an employer must:

A) do exactly as the employee expects.
B) make reasonable accommodation.
C) accommodate the employee even if it creates undue hardship to the employer.
D) do nothing; religion is not a workplace issue.
E) accommodate the employee even if it means inconveniencing other employees.

Question 57

All of the following are steps an employer can take to address allegations of discrimination without triggering a retaliation claim EXCEPT:

A) treat complaints seriously as soon as they are made.
B) be sure managers and other employees know and follow the company's policies on discrimination.
C) follow-up with the complainant, including explaining how the company will address the problem.
D) take adverse action against a complainant based on information obtained in the investigation.
E) create an atmosphere in which the complainant and others with information feel comfortable coming forward with information.

Question 58

An airline has an opening for a pilot for its fleet of jumbo jets. It stipulates that the candidates applying for the job must be at least five feet ten inches tall. The airline states that the aircraft can be safely and efficiently operated only by persons who can easily reach all of the controls in the cockpit. Passenger safety is the prime concern of the airline, and pilots must be a certain height to operate the aircraft. In this case, height is a valid requirement, and using it does not violate the employment discrimination laws. This is an example of:

A) disparate treatment.
B) disparate impact.
C) reverse discrimination.
D) affirmative action.
E) business necessity defense.

Question 59

The business necessity defense is a defense to suits:

A) alleging disparate treatment.
B) alleging disparate impact.
C) regarding the ADA.
D) arising from HIPAA.
E) arising from GINA.

Question 60

Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking him to go anywhere. Furthermore, Kathy is always making provocative comments to him, telling dirty jokes, and asking him about his preferences in women which embarrasses him and has caused him to lose sleep. If Mike sues the school for permitting Kathy's behavior:

A) the school would win because a woman cannot harass a man and Mike should be flattered rather than upset.
B) the school would win because Mike and Kathy are on the same employment level and Mike cannot be truly harassed unless Kathy has the ability to impact his job status, which she does not.
C) Mike would win if he had previously complained to the school and they had done nothing to stop the harassment.
D) Mike would win because regardless of notice, the employer is per se liable for any improper activity that occurs on the job and it is their responsibility to know what is happening on their premises.
E) the school would win because Mike does not suffer from any economic loss due to Kathy's behavior.

Question 61

Mack does not get a job that he is highly qualified for because the company has to appoint an individual from a minority group as part of the federal policy. The person being appointed is less qualified than Mack. This is an example of:

A) disparate treatment.
B) affirmative action.
C) reverse discrimination.
D) retaliation.
E) business necessity defense.

Question 62

The Health Insurance Portability and Accountability Act (HIPAA) applies only to:

A) life insurance companies.
B) law enforcement agencies.
C) agencies that deliver social security and welfare benefits.
D) researchers who obtain health data directly from health care providers.
E) health insurance companies.

Question 63

How did the 1991 amendments affect the Civil Rights Act of 1964?

Question 64

The ADA specifies that in evaluating undue hardship, all of the following must be considered EXCEPT:

A) the availability of other employment for the disabled person.
B) the cost of accommodation.
C) the resources of the employer.
D) the nature of the business.
E) the size of the employer.

Question 65

What are the types of employer action in which discrimination is prohibited?

Question 66

Remedies for a violation of the ADEA may include:

A) back pay.
B) interest on the arrears to be paid for the period of nonemployment.
C) a compensatory bonus for the period of nonemployment.
D) promotion for an improperly fired employee.
E) damages for the psychological trauma of being fired illegally.

Question 67

Under the 1991 Congressional amendment of the Civil Rights Act, what conditions are necessary for damages to be paid?

Question 68

Red Head, Inc., is a local beauty salon with three employees. Faye is black, Aimee is Jewish, and Sarah weighs 300 pounds. Statistics show that blacks have a higher rate of sickle cell anemia; Jews have a higher rate of Tay-Sachs Disease, and severely obese people have a higher rate of diabetes than the general population. Based on statistics provided by certified reputable sources regarding the likelihood of contracting the above diseases, the manager/owner of Red Head has set up a health plan in which Aimee pays a higher premium than Faye, with Sarah paying the highest premium. Which of the following is true?

A) This arrangement violates COBRA.
B) This arrangement violates HIPAA.
C) This arrangement violates ERISA.
D) Since the data used by the employer is from a certified reputable source, there is no violation of law because the insurance premium reflects the true risk.
E) This arrangement violates ADEA.

Question 69

Under Section 1981 of the Civil Rights Act of 1866:

A) damages are limited to $300,000 per person.
B) damages are unlimited.
C) a plaintiff must first go through the EEOC to file an employment suit.
D) a plaintiff can sue for unlimited damages for discrimination based on sex, religion, national origin, or age.
E) damages also include legal fees.

Question 70

A school's police/security force requires that all officers be over six feet tall and weigh over 200 pounds. This requirement creates a:

A) disparate treatment regarding men.
B) disparate impact regarding men.
C) disparate treatment regarding women.
D) disparate impact regarding women.
E) disparate impact regarding minorities.

Question 71

Which of the following is considered to be a genetic test, the information from which cannot be used for firing, refusing to hire, or otherwise discriminating against individuals, under the federal law?

A) Cholesterol test
B) Analysis of proteins
C) Liver function test
D) Complete blood count test
E) Newborn screening test

Question 72

To win a Title VII case, what must a plaintiff prove?

Question 73

A restaurant refuses to serve Joe because of the color of his skin. When Joe complains about the issue, the manager of the restaurant tells Joe that the restaurant is only meant for whites and hence non-whites are not served in the restaurant. Will the manager escape liability under the provision in Title VII which allows discrimination under certain conditions?

Question 74

A person may sue for job discrimination based on age using:

A) the 1964 Civil Rights Act.
B) the EEOC.
C) Section 1981 of the Civil Rights Act of 1866.
D) the ADEA.
E) the 1875 Civil Rights Act.

Question 75

The ADEA recognizes:

A) only claims based on disparate impact.
B) only claims based on disparate treatment.
C) both disparate impact and disparate treatment claims.
D) rules regarding age but not from a discrimination perspective.
E) only claims based on retaliation.

Question 76

California's Proposition 209:

A) requires affirmative action in all government hiring.
B) prohibits affirmative action in public employment.
C) requires affirmative action plans of all businesses engaged in interstate commerce.
D) was overturned on appeal by the Supreme Court.
E) affects private employer affirmative action plans required by federal law.

Question 77

The _____, effective November 2009, prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information.

A) Genetic Privacy and Nondiscrimination Act
B) Genetic Fairness Act
C) Genetic Information Nondiscrimination in Health Insurance Act
D) Genetic Confidentiality and Nondiscrimination Act
E) Genetic Information Nondiscrimination Act

Question 78

A cleaning company rotates its staff to different floors on a monthly basis. One crew member has a psychiatric disability. While his mental illness does not affect his ability to perform the various cleaning functions, it does make it difficult to adjust to alterations in his daily routine. The employee has had significant difficulty adjusting to the monthly changes in floor assignments. In view of this difficulty, the employer decides to allow him to stay on one floor permanently. This is an example of:

A) disparate treatment.
B) affirmative action.
C) hostile work environment.
D) retaliation.
E) reasonable accommodation.

Question 79

Section 1981 of the Civil Rights Act of 1866:

A) was repealed by the passing of the Civil Rights Act of 1964.
B) addressed the right to contract by all persons.
C) was the first attempt to launch affirmative action in the U.S.
D) introduced and established the business necessity defense.
E) allowed the recovery of compensatory and punitive damages when employers are guilty of intentional discrimination.

Question 80

The 1991 amendments to the Civil Rights Act allow:

A) recovery of damages at any time after discrimination is practiced.
B) recovery of compensatory and punitive damages when employers are guilty of intentional discrimination.
C) recovery of compensatory and punitive damages when employers are guilty of negligent discrimination.
D) punitive damages of twice the compensatory damages when negligence is proven.
E) speculative damages along with the legal fees.