Deck 19: Equal Opportunity in Employment

Question 1

The Equal Employment Opportunity Commission is the administrative agency responsible for enforcing most ________ antidiscrimination laws.

A) state
B) local
C) federal
D) international

Answer 1

federal

Question 2

A ________ is issued by the EEOC if it chooses not to bring an action against an employer and authorizes a complainant to sue the employer for employment discrimination.

A) right to sue letter
B) temporary injunction
C) cease and desist order
D) findings and recommendations report

Answer 2

right to sue letter

Question 3

The members of the EEOC are appointed by the U.S. president.

Answer 3

True

Question 4

The ________ is a federal statute enacted after the Civil War that prohibits racial and national origin employment discrimination.

A) Civil Rights Act of 1866
B) Anti-Discrimination Law of 1870
C) Reconstruction Act of 1867
D) National Reconciliation Act of 1872

Question 5

For purposes of Title VII of the Civil Rights Act of 1964, "national origin" does NOT include ________.

A) the place of origin of a person's ancestors
B) color or complexion of a person's skin
C) physical, linguistic, or cultural characteristics
D) heritage

Question 6

Lila Miller, who works for a large software firm, is four months pregnant and is due for a promotion. However, her employer offers the promotion to Harry Oswald, a less-experienced candidate, as Lila would go on maternity leave soon and would be unable to perform her duties. Which of the following is true of this scenario?

A) Lila's employer is liable for quid pro quo sex discrimination.
B) Lila's employer is liable for hostile work environment sex discrimination.
C) Lila's employer was lawful in denying her the promotion.
D) Lila's employer has violated Title VII of the Civil Rights Act of 1964.

Question 7

The Pregnancy Discrimination Act is an amendment to ________ that forbids employment discrimination because of pregnancy, childbirth, or related medical conditions.

A) the Lilly Ledbetter Fair Pay Act
B) the Fair Employment Practices Act
C) Title II of the Genetic Information Nondiscrimination Act
D) Title VII of the Civil Rights Act of 1964

Question 8

Title VII prohibits any form of gender discrimination where sexual favors are requested in order to obtain a job or be promoted. This is called ________ sex discrimination.

A) quid pro quo
B) disparate-impact
C) disparate-treatment
D) res ipsa loquitur

Question 9

The Equal Employment Opportunity Commission (EEOC) interprets the prohibition against sex discrimination in ________ to include members of the LGBTQ community.

A) the Lilly Ledbetter Fair Pay Act
B) the Fair Employment Practices Act
C) Title II of the Genetic Information Nondiscrimination Act
D) Title VII of the Civil Rights Act of 1964

Question 10

The term LGBTQ generally refers ________.

A) only to an individual's sexual orientation
B) only to an individual's gender identity
C) to an individual's sexual orientation or gender identity
D) neither to an individual's sexual orientation nor to an individual's gender identity

Question 11

Employment discrimination based on an individual's personal experience of one's own gender is referred to as ________.

A) sex discrimination
B) gender identity discrimination
C) sexual orientation discrimination
D) gender discrimination

Question 12

Which of the following elements constitutes an affirmative defense by an employer whose employee has suffered sexual harassment at the workplace?

A) The plaintiff-employee was harassed by other employees who are no longer employed by the employer.
B) The employer had no knowledge about the sexual harassment faced by the plaintiff-employee until a court notice was served on the employer.
C) The plaintiff-employee failed to take advantage of any preventive or corrective opportunities provided by the employer.
D) The plaintiff-employee misinterpreted words or actions by the employer or his employees which were not intended to cause sexual harassment.

Question 13

What must an employer prove in order to establish an affirmative defense so as to not be liable for a claim of harassment? What factors will a court consider if an employer raises an affirmative defense to determine whether the defense was proven?

Question 14

An employer must make reasonable accommodations for an employee's religious beliefs if it could be done without causing an undue hardship on the employer. Which of these would NOT be considered an undue hardship?

A) The requested accommodation would be costly.
B) The requested accommodation would compromise workplace safety.
C) The requested accommodation would mean the employee would have contact with the public.
D) The requested accommodation would infringe on the rights of other employees.

Question 15

Describe what is meant by a "religion"for purposes of the prohibition on employment discrimination based on a person's religion contained in Title VII of the Civil Rights Act of 1974.

Question 16

Discrimination based on protected classes, other than race or color, is permitted if it is shown to be ________.

A) cost effective
B) a bona fide occupational qualification (BFOQ)
C) unobjectionable on its face
D) approved by the relevant union

Question 17

Which of these is NOT a valid defense against a charge of violating Title VII of the Civil Rights Act of 1964?

A) merit
B) seniority
C) discrimination based on sex, religion, or national origin if it is a valid BFOQ for the position
D) discrimination based on race or color if it is a valid BFOQ for the position

Question 18

Quantum Corporation has a policy of giving promotions to those employees who earn a job-related graduate degree. Decisions made under this policy would be ________.

A) lawful under Title VII as it is based on merit
B) lawful under Title VII as it is based on seniority
C) lawful under Title VII as it is based on a BFOQ
D) a violation of Title VII

Question 19

An employer pays higher wages to Shelly-who has worked with the company for six years-than Samuel, who holds a similar position to Shelly and performs the same functions as her, and has worked with the company for only five and a half years. Which of the following is true of this case, assuming that the employer recognizes seniority in its compensation system?

A) The employer has violated the Fair Employment Practices Act.
B) The employer is liable for disparate-treatment discrimination.
C) The employer is liable for disparate-impact discrimination.
D) The employer has not violated the Equal Pay Act.

Question 20

The Equal Pay Act of 1963 protects ________ from pay discrimination based on sex.

A) females only
B) men only
C) females and older men
D) both sexes

Question 21

What is prohibited by the Equal Pay Act? What will a court examine to determine if prohibited pay disparity exists?

Question 22

The OWBPA is a federal statute that prohibits ________ discrimination in employee benefits.

A) age
B) gender
C) race
D) disability

Question 23

Title I of the ADA requires employers to make ________ to assist employees with disabilities that do not cause undue hardship to the employer.

A) reasonable accommodations
B) reasonable compensation
C) employee policy statements
D) negotiated concessions

Question 24

Title I of the ADA covers ________.

A) employers with 14 employees
B) the United States government
C) corporations wholly owned by the United States government
D) corporations partially owned by the United States government

Question 25

Title I of the ADA is administered by ________.

A) the ADAAA
B) the EEOC
C) the DOJ
D) the FTC

Question 26

Discriminating against a possible job applicant because of his or her family history of heart ailments is forbidden under ________.

A) the Age Discrimination in Employment Act (ADEA)
B) Title II of the Genetic Information Nondiscrimination Act (GINA)
C) the Americans with Disabilities Act Amendments Act (ADAAA)
D) Title I of the Americans with Disabilities Act (ADA)

Question 27

Discrimination based on information from which it is possible to determine a person's propensity to be stricken by diseases is called ________.

A) proactive healthcare discrimination
B) discrimination due to projected medical costs
C) future medical propensity discrimination
D) genetic information discrimination

Question 28

Which of these is NOT considered to be a violation of the Genetic Information Nondiscrimination Act (GINA)?

A) firing an employee based on genetic information
B) harassing an employee because of genetic information
C) discovering genetic information from an employee's voluntary submission as part of a wellness program
D) not providing benefits due to genetic information

Question 29

Megan filed a claim with the EEOC alleging that her employer engaged in religious discrimination in violation of Title VII. Because she filed this claim, her employer did not give Megan a promotion for which she clearly qualified.

A) This does not constitute illegal retaliation because it dealt with religious discrimination.
B) This does not constitute illegal retaliation because she was not fired from her job.
C) This does not constitute illegal retaliation because she did not allege harassment.
D) This does constitute illegal retaliation.

Question 30

The Uniformed Services Employment and Reemployment Rights Act (USERRA) does NOT cover those who served in ________.

A) the Air National Guard
B) the State Department Diplomatic Security Service
C) the U.S. Marine Corps
D) the Coast Guard Reserve

Question 31

Under the USERRA, an employer is not required to rehire a veteran of military service or military personnel if ________.

A) the person has future military obligations
B) the person has service-connected disabilities, even if the disability can be reasonably accommodated
C) the person served less than five years in uniform service
D) the person served more than five years in uniform service

Question 32

What employment protections are afforded to veterans of military service and military personnel under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)?

Question 33

________ is discrimination against a group which is usually thought of as a majority class.

A) Reverse discrimination
B) Majoritarian discrimination
C) Nonprotected class bias
D) Retrogressive discrimination

Question 34

To be lawful, an affirmative action plan must be ________ to achieve some compelling interest.

A) narrowly tailored
B) broadly drawn
C) quota-based
D) expansively designed