Deck 3: Intentional Discrimination: Disparate Treatment

Question 1

For attorneys' fees and court costs, either party may be held liable if they are caught lying or openly trying to circumvent justice.

Answer 1

True

Question 2

Title VII is not violated when the complaining party is denied an employment benefit, which is then given to an applicant from the same protected class who has fewer qualifications.

Answer 2

True

Question 3

Though usually associated with disparate impact litigation, on rare occasions statistical evidence may be used in establishing pretext.

Answer 3

True

Question 4

Retaliation is limited strictly to the victims of real or perceived discriminatory workplace actions and it does not protect third parties.

Question 5

Managers should fully understand how disparate treatment can occur in the workplace and never use legitimate nondiscriminatory reasons in any employment decision.

Question 6

The burden shifting proof method is the most common method for initiating an unlawful employment practice.

Question 7

In the instance of disparate treatment, compensatory and punitive damages can be awarded if the employer is a government agency or political subdivision.

Question 8

There is a BFOQ for race.

Question 9

The phrase, prima facie, literally means final proof.

Question 10

BFOQs cover all of the protected classes listed under Title VII.

Question 11

An employer's legitimate nondiscriminatory reason is pretextual if it is knowingly true.

Question 12

It is lawful to consider an applicant's protected class status so long as the manager would have made the same decision based on legitimate business reasons.

Question 13

BFOQs are extremely rare and very limited in their application.

Question 14

Title VII is not violated when an employer hires an individual who is unqualified because the applicant is a member of a protected class.

Question 15

Sometimes the complaining party must wait for a vacancy to occur before he or she is reinstated.

Question 16

BFOQs on the basis of age are permitted under the Age Discrimination in Employment Act.

Question 17

A complaining party can establish a prima facie case of retaliation under Title VII by satisfying at least two of the legal criteria.

Question 18

There is no requirement in Title VII obligating an employer to hire or retain an unqualified employee.

Question 19

Currently discrimination on the basis of sexual preference/orientation is the same as discrimination on the basis of sex under Title VII.

Question 20

Retaliation is not restricted to complaining parties making Title VII complaints, "indirect retaliation" is also actionable under the Act.

Question 21

An argument made by an employer that the decisions to hire, fire, promote, or layoff any employee is based on sound business rationale and not the individual's protected class status:

A)bona fide occupational qualification
B)pretext
C)mixed motives
D)legitimate nondiscriminatory reason

Question 22

Which court case directly deals with BFOQs?

A)Plessy v.Ferguson
B)Pereira v Schlage Electronics
C)McDonnell Douglas Corp.v.Green
D)Diaz v.Pan American Airways

Question 23

What method of establishing a Title VII violation is set forth in the Supreme Court decision McDonnell Douglas Corp.v.Green decision?

A)hostile environment
B)direct proof
C)the burden shifting method
D)employment attrition

Question 24

Compensatory and punitive damages are restricted to cases involving:

A)BFOQs
B)disparate impact
C)disparate treatment
D)pretext

Question 25

__________ employment decision occurs when, during a selection process, both legitimate and illegitimate reasons are used in making the final decision.

A)mixed motive
B)prima facie
C)pretext
D)injunctive relief

Question 26

__________ means that the employer has tried to hide its unlawful discrimination by fabricating an apparently legitimate justification for its actions.

A)Bona fide occupational qualification
B)Pretext
C)Mixed motives
D)Legitimate nondiscriminatory reason

Question 27

Which is a legitimate nondiscriminatory reason?

A)job-related education that is applicable to the job in question
B)merit based on subjective criteria
C)Bona Fide Seniority System that was adopted for discriminatory purposes
D)training that is not applicable to the incumbent's current or future job

Question 28

Using the burden shifting method, who has the responsibility of providing initial evidence indicating that Title VII may have been violated?

A)witnesses to the alleged violation
B)the complaining party
C)the respondent
D)the EEOC

Question 29

If mixed motive is proven, and the employer can establish that he or she would have arrived at the same employment decision based on nondiscriminatory reasons, the employer's liability is limited to:

A)reinstatement, attorney's fees, and court costs
B)injunctive and declaratory relief, attorneys' fees, and court costs
C)back pay, front pay and court costs
D)injunctive and declaratory relief, back pay, reinstatement

Question 30

Which is not a criterion which must be satisfied in order to establish a prima facie case under the burden shifting method?

A)member of a protected class
B)qualified for the job position in question
C)filed in a timely manner
D)a similarly-situated individual was treated differently

Question 31

The use of BFOQs in employment decisions is specifically authorized by:

A)The Civil Rights Act of 1964
B)The Civil Rights Act of 1991
C)the Equal Pay Act of 1963
D)The Fair Pay Act of 2009

Question 32

Under which protected class is a BFOQ not permitted?

A)national origin
C)religion
B)sex
D)race

Question 33

__________ is money awarded by a court for lost compensation during the period between judgment and actual reinstatement, or instead of the reinstatement.

A)Punitive damages
B)Front pay
C)Back pay
D)Litigation

Question 34

__________ refers to instances where a court orders an employer to hire an applicant who was unlawfully discriminated against.

A)Prima facie
B)Reinstatement
C)Front pay
D)Back pay

Question 35

__________ is the means by which a court prevents the violation of a legal right, or compensates for the violation of that right.

A)Remedy
B)Pretext
C)Injunctive relief
D)Back pay

Question 36

Under Title VII, it is unlawful to treat employees differently because of:

A)race
B)sex C religion
D)all of the above

Question 37

When the court orders an employer to cease and desist unlawful practices, this is:

A)remedy
B)pretext
C)injunctive relief
D)back pay

Question 38

To establish a prima facie case of disparate treatment using the McDonnell Douglas burden shifting method, one must first demonstrate:

A)that he or she works for a covered employer
B)that he or she filed in a timely manner
C)that he or she has enough credible witnesses
D)that he or she is a member of a protected class

Question 39

When is a violation of Title VII proven?

A)when the complaining party establishes a prima facie case
B)when an EEOC concludes "reasonable cause"
C)when the employer's rebuttal fails
D)when the complaint was filed in a timely manner

Question 40

Which is a legal reason for discharging an employee in a normal employment setting?

A)acquires a handicap that can be reasonably accommodated
B)joins a cult
C)poor performance
D)becomes pregnant

Question 41

Indirect retaliation occurs when:

A)An employee is demoted for filing a Title VII complaint
B)An employee is fired for threatening to file a Title VII complaint
C)An employee is fired for complaining about another employee being fired for filing a Title VII complaint
D)All of the above are examples of indirect retaliation

Question 42

Employees who oppose what they reasonably believe was unlawful discrimination and are then punished for their opposition have been subjected to:

A)conciliation
B)injunctive relief
C)retaliation
D)disparate impact

Question 43

The term for an employee who reports his or her employer's violation of some statute or regulation:

A)tester
B)seniority award
C)protected class
D)whistleblower

Question 44

Describe the burdens of proof for both the complaining party and the respondent under the disparate treatment theory of discrimination.

Question 45

What is retaliation? What are the elements of a retaliation claim?

Question 46

__________ are individuals who apply for positions of employment for the sole purpose of determining whether an employer is engaging in discriminatory hiring practices.

A)Testers
B)Candidates
C)Employees
D)Scammers

Question 47

Identify and describe both the traditional remedies and additional remedies available to the complaining party through disparate treatment under Title VII.

Question 48

Which is not the result of proper job analysis?

A)performance standards
B)retaliation
C)job description
D)job specifications

Question 49

Which is a common myth about Title VII?

A)Sexual orientation may be protected under state law
B)You should treat all applicants the same, whether in a protected group or not
C)You must hire unqualified protected group members
D)White males are afforded the same protection as Asian females under Title VII

Question 50

An employer's defense in a retaliation allegation would be :

A)Stating the complaining was punished for excessive tardiness
B)Stating that the complaining party was punished for poor performance
C)documenting that the complaining party was punished for excessive tardiness
D)denying that the complaining party was subjected to an adverse employment action

Question 51

There are two basic theories of discrimination under Title VII:

A)direct proof and the burden shifting method
B)disparate treatment and disparate impact
C)prima facie and conciliation
D)direct proof and disparate impact

Question 52

A __________ is the maximum monetary award that federal judges may impose for compensatory and punitive damages for each aggrieved party.

A)injunctive relief
B)back pay
C)front pay
D)ceiling

Question 53

These remedies are imposed by a court to punish the respondent and discourage future violations:

A)punitive damages
B)compensatory damages
C)injunctive relief
D)dismissals