Deck 39: Equal Employment Opportunity Law

Question 1

Proof of an employer's discriminatory motive is immaterial in a disparate treatment case.

Answer 1

False

Question 2

Women who are unable to work as a result of pregnancy must be provided the same benefits as all other workers.

Answer 2

True

Question 3

Under Title VII,whites cannot be discriminated against because they are the majority race in this country.

Answer 3

False

Question 4

Criteria used to make employment decisions that have a disparate impact on women,such as height requirements,must be job-related.

Question 5

A disparate impact exists when the employment practice in question is not shown by the employer to be job related and consistent with business necessity.

Question 6

Title VII is the only law regulating equal employment opportunities.

Question 7

Title VII requires equal pay for men and women.

Question 8

In a disparate impact case,the employer's proof that it did not intend to discriminate is a complete defense.

Question 9

Religious societies may not grant hiring preferences to members of their religion.

Question 10

An employer can prove its affirmative defense to hostile work environment by demonstrating a sexual harassment policy and notification procedures

Question 11

Title VII permits the EEOC to sue employers directly when it has reasonable cause to believe that intentional discrimination was the defendant employer's "standard operating procedure."

Question 12

Title VII applies to the hiring process and to discipline,discharge,promotion,and benefits.

Question 13

In order for an employer to be vicariously liable for sexual harassment,a tangible employment action by the supervisor must have occurred.

Question 14

If an employee's religious beliefs prohibit working on Saturday,an employer's obligation under Title VII is to try to find a volunteer to cover for the employee on Saturdays.

Question 15

Generally,the EEOC attempts to remedy an unlawful practice through mandatory arbitration.

Question 16

The two principal legal theories under which a plaintiff may prove a case of unlawful employment discrimination are disparate treatment and disparate impact.

Question 17

A party claiming discrimination must first file a complaint with a local or state EEOC office before filing a charge with the EEOC.

Question 18

A plaintiff in a Title VII lawsuit must belong to a protected class.

Question 19

In a hostile work environment case,the plaintiff must prove severe and pervasive conduct on the supervisor's part to meet the plaintiff's burden of proof.

Question 20

An employer is liable for the sexual harassment of non-supervisors only when it knew,or should have known,of the misconduct - and failed to take prompt remedial action.

Question 21

Failing to hire an individual who does not have English language skills violates Title VII unless those language skills have a clear connection to the successful performance of the job to which it is applied.

Question 22

The Age Discrimination in Employment Act forbids discrimination by employers against persons over 30 years of age.

Question 23

What is the principal law regulating equal employment opportunity in the United States?

A) Title VII of the Civil Rights Act of 1964
B) The United States Constitution
C) The Fair Labor Standards Act
D) The Equal Pay Act

Question 24

The first action generally attempted by the EEOC is:

A) litigation.
B) conciliation.
C) mediation.
D) arbitration.

Question 25

In a disparate impact case,the employer's intention to not discriminate: ______.

A) is not a defense.
B) provides an affirmative defense.
C) cannot favorably impact a protected group.
D) is acceptable assuming it is shown to be job-related.

Question 26

A men's clothing store policy of hiring males to do measurements for suit alterations is not an example of a BFOQ.

Question 27

When an employee alleges religious discrimination because of an employee-observed religious practice:

A) the employer must bypass seniority rules to accommodate the employee.
B) the employee must honor all bona fide religious practices.
C) the employer must make reasonable efforts to accommodate religious beliefs.
D) the employer must call in a substitute worker at additional cost.

Question 28

To be lawful,affirmative action must be time-limited.

Question 29

Unless justified by business necessity,physical standards such as height requirements that tend to exclude people of certain national origins violate Title VII.

Question 30

Title VII protects members of which racial grouping(s)?

A) black only
B) black, Native American, and Asian-Pacific
C) white only
D) all racial groupings

Question 31

To survive Title VII scrutiny,employers must prove that employment testing and educational requirements are "job related" requirements for satisfactory job performance.

Question 32

The Equal Pay Act prohibits variation in wage rates paid to men and women based solely on gender.

Question 33

Under the ______ theory,it is not a defense for an employer to demonstrate that it did not intend to discriminate.

A) Title VII
B) disparate treatment.
C) vicarious liability
D) disparate impact

Question 34

The ADA does not require employers to make any accommodations for individuals with disabilities.

Question 35

When an employer intentionally treats some employees less favorably than others,the legal theory that applies is:

A) disparate impact.
B) affirmative action.
C) reverse discrimination.
D) disparate treatment.

Question 36

It is unlawful for employers to undertake special recruiting efforts to hire and train minorities and women in an effort to have a diverse workforce.

Question 37

In order for an employer to be strictly liable for a(n)______ harassment,there must have been a(n)_______ action.

A) supervisor's, tangible employment.
B) supervisor's, hostile work.
C) co-worker's, res ipsa loquitur.
D) co-worker's, quid pro quo.

Question 38

Pay raises based on seniority generally are considered lawful.

Question 39

The Pregnancy Discrimination Act does not:

A) require employers to treat pregnancy as other disabilities are treated.
B) require women disabled by pregnancy to be provided with the same benefits as other disabled workers.
C) require an employer to provide paid sick leave benefits to pregnant women if it does not provide them to other disabled workers.
D) prevent termination because of pregnancy

Question 40

What is an employer defense to a disparate impact charge?

A) The employer did not intend to discriminate.
B) The employment practice is job-related and consistent with business practice.
C) The disparate impact was not the result of extreme recklessness or gross negligence on the part of the employer.
D) The practice is widespread and accepted in the industry.

Question 41

Marble Industries hired virtually all of its employees from Union High School,which was overwhelmingly white in its racial makeup.Accordingly,there were virtually no nonwhite employees employed by Marble Industries.The work these employees performed was work that any reasonably capable high school graduate could do.When organizations representing nonwhites questioned the policy,the personnel director indicated that Union High School graduates were hired because they had worked successfully for the company and because the president of the company had graduated from that school.There was no evidence that there was any plan or intention to discriminate against nonwhites.Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.

Question 42

Reverse discrimination can occur when an affirmative action plan:

A) "unnecessarily trammels" the interests of nonminority employees.
B) prefers women over men.
C) aids in the hiring of blacks and Native Americans.
D) is unlawful unless the favored group has been severely disadvantaged.

Question 43

Title VII and the ADA protects U.S.citizens against discrimination in foreign countries:

A) as long as there is no "undue hardship" on the foreign employer.
B) if they are employed by American-owned companies.
C) if they are employed by foreign-owned companies.
D) regardless of what nation controls the company.

Question 44

Testing of prospective employees:

A) cannot have been developed by one employer and applied by another.
B) can be adjusted to favor members of a particular race.
C) must bear a relationship to job performance.
D) is a BFOQ, regardless of job performance.

Question 45

Hostile work environment sexual harassment:

A) cannot be created by unwelcome sexual flirtation and propositions.
B) cannot result in an injunction being granted against offensive conduct.
C) does not affect an employee's economic benefits but causes anxiety and "poisons" the work environment for the employee.
D) can result in the court ordering the business to be sold, upon proper notice, at a publicly-held auction.

Question 46

An affirmative action policy can do all of the following except:

A) help ensure a diverse work force.
B) be an effective means to avoid litigation costs.
C) provide job preferences for minorities and women.
D) provide equal pay for employees.

Question 47

Tom was a tall man who operated a successful restaurant that he owned.He believed that tall people commanded more respect in a restaurant.Accordingly,he never hired a waiter or waitress who was less than six feet tall.Because of this,he had seventeen waiters and no waitresses working at the restaurant.Lucinda,a woman less than six feet tall,applied for a job as a waitress and was not hired.Later,Lucinda learned that a man who was over six feet in height was hired to fill the position.After a few inquiries,she learned of Tom's height requirements and alleged that she was the victim of illegal discrimination.Decide.

Question 48

The ADEA forbids discrimination by employers,unions,and employment agencies against persons:

A) over 40 years of age.
B) over 50 years of age.
C) over 60 years of age.
D) between the ages of 40 and 65.

Question 49

A seniority system is unlawful if:

A) workers with longer years of service are laid off last.
B) a union did not agree to the policy.
C) it results from an intention to discriminate.
D) workers with longer years of service are predominantly from one race.

Question 50

Which of the following scenarios would not qualify as a BFOQ exception to Title VII?

A) a religious school hiring only members of that religion to teach religion
B) a women's store that sells wedding gowns hiring only women to measure and fit customers
C) an airline hiring only female flight attendants
D) a men's store not hiring men with earrings.

Question 51

The Equal Pay Act:

A) does not allow variances in wages pursuant to a seniority system.
B) generally requires that members of both sexes be paid equally for equal work.
C) prohibits all variations in wage rates paid to men and women.
D) makes payment variances a BFOQ.

Question 52

Cameo Industries desired a workplace free from all forms of sexual harassment.Accordingly,Cameo developed guidelines for its workers that specifically forbade sexual harassment.The guidelines gave examples of conduct that would not be tolerated,provided penalties,designated a company official as the proper person to whom complaints should be brought,investigated complaints thoroughly,and maintained an educational policy designed to remind employees of the policy.?Maureen,a Cameo Industries employee,made a complaint of sexual harassment,charging that her supervisor had demanded sexual favors.An investigation was performed and the charge was substantiated.The supervisor was warned not to continue this conduct,but it happened again.The supervisor was again issued a warning.Finally,Maureen brought a court action against the supervisor and Cameo.Cameo defended on the ground that it had done all in its power to rectify the situation.Decide.

Question 53

Generally,what would not be considered a "reasonable accommodation" for persons with disabilities?

A) making an accommodation that would constitute an "undue hardship" for the employer
B) making existing facilities accessible to and usable by individuals with disabilities
C) modifying work schedules
D) restructuring jobs