Deck 17: Employment Discrimination

Question 1

The rights of employees to bring discrimination claims against their employer as a group,or class,is limited.

Answer 1

True

Question 2

An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action.

Answer 2

True

Question 3

When a job requirement excludes members of a protected class from an employer's workforce at a substantially higher rate than nonmembers,discrimination occurs.

Answer 3

True

Question 4

Sexual harassment occurs only if sexual favors are demanded of an employee.

Question 5

A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.

Question 6

Employers can require employees to participate in religious activity.

Question 7

Section 1981-a federal statute that prohibits discrimination on the basis of race or ethnicity in the formation or enforcement of contracts-can provide a basis for a plaintiff's employment-discrimination action.

Question 8

A tangible employment action is a significant change in employment status or benefits.

Question 9

Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.

Question 10

Intentional discrimination is known as disparate-impact discrimination.

Question 11

Employers cannot treat their employees more or less favorably based on their religious beliefs or practices.

Question 12

When the harassment by co-workers creates a hostile working environment,an employee may have a cause of action against the employer.

Question 13

Employee demotion will support a finding of constructive discharge,particularly when the employee was subjected to humiliation.

Question 14

Mere fear of litigation is a sufficient reason for an employer to engage in reverse discrimination.

Question 15

Federal law does not prohibit employers from engaging in gender-based wage discrimination.

Question 16

The Civil Rights Act of 1964 prohibits discrimination against job applicants on the basis of national origin.

Question 17

Title VII of the Civil Rights Act of 1964 does not apply to employers with fifteen or more employees.

Question 18

Federal law prohibits employers from classifying jobs as male or female.

Question 19

Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.

Question 20

Constructive discharge is a theory that plaintiffs can use to establish only certain types of discrimination claims.

Question 21

Brian is forty-five-year-old white male with Parkinson's disease.Brian is a member of ​

A)one protected class.
B)two protected classes.
C)three protected classes.
D)no protected classes.

Question 22

Under the Age Discrimination in Employment Act of 1967,a plaintiff must prove that he or she was replaced by a person "outside the protected class."

Question 23

State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act of 1967.

Question 24

Gender can be a bona fide occupational qualification.

Question 25

A plaintiff who proves unlawful discrimination may be awarded reinstatement,back pay,but not retroactive promotions.

Question 26

The Americans with Disabilities Act of 1990 requires that employers accommodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work

Question 27

John is thirty years old and Kellydoes not have a college degree.Based on this information,members of protected classes include​

A)John and Kelly.
B)John only.
C)Kelly only.
D)neither John nor Kelly.

Question 28

There is no cap on damages for discrimination in violation of the Civil Rights Act of 1964.

Question 29

Under the Age Discrimination in Employment Act of 1967,the plaintiff must show that unlawful discrimination was the reason for an adverse employment action.

Question 30

Under the Americans with Disabilities Act of 1990,an employer must hire unqualified applicants who have disabilities.

Question 31

Employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship.

Question 32

Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act.Compliance with this statute is monitored by​

A)employees and job applicants,not an administrative agency.
B)employers and businesses,not an administrative agency.
C)the courts and Congress,not an administrative agency.
D)the Equal Employment Opportunity Commission.

Question 33

Employers can consider mitigating measures or medications when determining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990.

Question 34

Under Title VII of the Civil Rights Act of 1964,most private firms are required to implement affirmative action policies.

Question 35

Protection against discrimination under the Civil Rights Act of 1964 extends to individuals who are sexually harassed by members of the same gender.

Question 36

If a job applicant or an employee with a disability,with reasonable accommodation,can perform essential job functions,the employer must make the accommodation.

Question 37

Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws.Among these,the most important statute prohibiting discrimination against members of protected classes is​

A)the Age Discrimination in Employment Act of 1967.
B)the Americans with Disabilities Act of 1990.
C)the National Labor Relations Act of 1935.
D)Title VII of the Civil Rights Act of 1964.

Question 38

Resourced Forestry Corporation and the Service Employees International Union are sued by plaintiffs alleging job discrimination in violation of Title VII of the Civil Rights Act of 1964.This law applies to employers and labor unions with at least​

A)fifteen employees or members.
B)five employees or members.
C)ten employees or members.
D)one employee or member.

Question 39

State employers are not immune from private suits brought by employees under the Americans with Disabilities Act of 1990.

Question 40

An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a business necessity.

Question 41

Olivia applies for a job with Petro Company.Petro does not hire Olivia because of her ethnicity.This is​

A)reverse discrimination.
B)disparate-impact discrimination.
C)disparate-treatment discrimination.
D)not discrimination.

Question 42

Gala and Hoyt are employees of IT Business Solutions,Inc.Under the Equal Pay Act of 1963,IT Business Solutionscan legitimately pay different wages on the basis of​

A)merit.
B)job descriptions.
C)substantial equality of skill,effort,and responsibility.
D)gender.

Question 43

Dakota believes that Credit Services Corporation (CSC)has discriminated against her on the basis of gender.She files a suit against CSC under the Civil Rights Act of 1964.To es-tablish a primafacie case of employment discrimination,Dakota must show that

A)she is a member of a protected class.
B)CSC has no legal defenses against the claim.
C)discriminatory intent motivated CSC's act.
D)no other firm in CSC's industry has committed a discriminatory act.

Question 44

Destination Resort Company replaces Estee,a forty-five-year-old employee,with Francesca.Esteefiles a suit against the employer under the Age Discrimination in Employment Act of 1967.To establish a primafacie case,Esteemust show,among other things,that she is​

A)deserving of higher pay than Francesca.
B)generally more dependable than Francesca.
C)older than Francesca.
D)qualified for the position.

Question 45

Elsa participates in a Title VII investigation at the firm where she works.As a result,Elsa's employer demotes her.Elsa can file​

A)a harassment complaint.
B)a retaliation claim.
C)a constructive discharge claim.
D)a disparate-impact discrimination claim.

Question 46

Cody believes that Delta Corporation has dis-criminated against him on the basis of gender.Cody files a suit against Delta under Title VII.To es-tablish a primafacie case of employment discrimi-nation,Cody must show that​

A)Cody is a member of a protected class.
B)Delta has no legal defenses against the claim.
C)discriminatory intent motivated Delta's act.
D)other firms in Delta's industry have committed discriminatory acts.

Question 47

Lew,a member of a protected class,applies for a job with Mit-E Construction Company,but fails Mit-E's employment test and is not hired.Lew believes that the test has an unintentionally discriminatory effect.If so,this is​

A)reverse discrimination.
B)disparate-impact discrimination.
C)disparate-treatment discrimination.
D)not discrimination.

Question 48

Chuck files a suit against Drain-Pro Plumbing & Repair LLC under the Civil Rights Act of 1964,claiming reverse discrimination.To support this claim,Chuck must show that he is a member of​

A)a protected class.
B)a majority group.
C)an employers' association.
D)a union.

Question 49

Lizzie replaces Mike in his job at National Business Corporation (NBC).Mike believes that he has been discriminated against on the basis of his age.For the Age Dis-crimination in Employment Act of 1967 to apply​

A)all parties must be forty years of age or younger.
B)Lizzie must be forty years of age or older.
C)Mike must be forty years of age or older.
D)Mike must have been an NBC employee for at least forty years.

Question 50

Lisa brings a lawsuit against her employer for unlawful discrimination.Lisa is successful in proving that she was unlawfully discriminated against by her employer.Lisa may be awarded​

A)back pay,but not retroactive promotions.
B)retroactive promotions,but not back pay.
C)damages,but not back pay.
D)back pay,retroactive promotions and damages.

Question 51

Jill,a fifty-year-old member of a racial minority with a disability,believes that she is a victim of employment discrimination.Potentially the most widespread form of discrimination is based on​

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

Question 52

Polly files an employment discrimination suit against Quantitative Analysis,Inc.,under the Civil Rights Act of 1964,based on its discharge of Polly.Possible relief includes​

A)impriosnment.
B)reinstatement.
C)fines.
D)an order to shutdown the employer's business.

Question 53

Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race.Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination.Sarah must show all of the following except that​

A)she is a member of a protected class.
B)she applied and was qualified for the job in question.
C)she was rejected by Trekking Travel Agency.
D)other people of her race hold similar positions with other employers.

Question 54

Melanie files an employment discrimination suit against Natural Gas Industries Corp.under Title VII on a disparate-impact theory.To succeed,Melanie must show that a protected group of people are adversely affected by any of the following except the employer's​

A)practices.
B)procedures.
C)tests.
D)seniority system.

Question 55

Machine Fabrication,LLC,may be liable for the sexual harassment of an employeeif it knew or should have known about the harassment,failed to take immediate action,and the harassment was committed by​

A)the employee's previous employer.
B)a company supplier.
C)a close relative.
D)a competitor.

Question 56

Greta is the only female employee in the maintenance department of Hydraulics Inc.Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit.This is​

A)a constructive discharge.
B)a destructive discharge.
C)an instructive discharge.
D)not a discharge.

Question 57

Ruth is a supervisor for Subs & Suds,a restaurant.Tim is a Subs employee.The owner announces that some em-ployees will be discharged.Ruth tells Tim that if he has sex with her,he can keep his job.This is​

A)harassment on the basis of sexual orientation.
B)not harassment.
C)quid pro quo harassment.
D)same-gender harassment.

Question 58

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws.These laws restrict the ability of employers to discriminate against workers on the basis of​

A)experience.
B)gender.
C)intelligence.
D)skill.

Question 59

Truman applies for a job at Skylight Canopy Corporation for which he is well quali-fied,but for which he is rejected.Skylight continues to seek applicants and eventually fills the posi-tion with a person who is not a member of a mi-nority.Truman may succeed in a suit against Skylight for discrimination if he is a member of​

A)a protected class.
B)a majority group.
C)an employers' association.
D)a union.

Question 60

The standard for determining whether constructive discharge has occurred is whether or not​​

A)a reasonable person in the employee's position would feel compelled to quit.
B)the employee's annual wage rate is fair.
C)a person of another race in the employee's position would feel compelled to quit.
D)a person of the opposite gender in the employee's position would feel compelled to quit.

Question 61

Fact Pattern 17-1
Beth,who has a disability,is an employee of Corporate Office Company (COC).After the installation of new doors on COC's building,Beth finds it nearly im-possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability.
Refer to Fact Pattern 17-1. To successfully defend against Beth's claim,COC will have to show that

A)Beth consistently failed to meet the essential requirements of her job.
B)COC cannot make changes to the doors without undue hardship.
C)Dian is qualified for Beth's position.
D)the doors were not installed as an act of intentional discrimination.

Question 62

For twenty years,Ozzie works for Players Paradise,a destination for vacationers from across the United States,maintaining golf carts.After a steady stream of positive job evaluations and merit pay raises,Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players's courses.Five years later,a new employee,Quentin,is hired to oversee operations at all ten of Players's courses.Quentin demotes Ozzie,who is now over the age of forty,to running only one of the three cart facilities,and freezes his salary.Quentin demotes five other employees over the age of forty and places one of Ozzie's former facilities under the supervision of Richie,who is twenty-three.Ozzie overhears Richie say,"We're going to have to do away with these old,senile men." Less than a year later,Quentin reconsolidates the three cart facilities' operations under Richie's charge.Ozzie quits and files a suit against Players for employment discrimination. Should he prevail?  Explain.

Question 63

Food Packaging Corporation (FPC)requires its employees to have a high school diploma,claiming a definite connection between a high school edu-ca-tion and job performance.In a suit against FPC under Title VII,this requirement is shown to have a discriminatory effect.The employer has​

A)no defense.
B)a bona fide occupational qualification defense.
C)a business necessity defense.
D)an after-acquired evidence defense.

Question 64

Jerry,a paraplegic,applies for a job as a disk jockey with KLKT,a local radio station.The station's manager says,"Sorry,man.You meet all our requirements.But we need someone who can move around the broadcast studio without accommodation." Most likely,Jerry could recover from the station under

A)no federal law.
B)Title VII of the Civil Rights Act of 1964.
C)Section 1981.
D)the Americans with Disabilities Act of 1990.

Question 65

Jason and Katrina work on the loading dock for Longhaul Transport Company.Jason has a disability.Katrina has seniority.Jason asks for a transfer,which would represent an accommodation for his disability.Longhaul gives the transfer to Katrina on the basis of her seniority.Jason files a suit against Longhaul for discrimination on the basis of his disability.The court is most likely to rule that​

A)Katrina's seniority is a good defense.
B)Jason's disability is a sufficient basis for relief.
C)Longhaul's action was a business necessity.
D)Longhaul's action was a reasonable accommodation.

Question 66

Flynn is a drug addict who has completed a supervised drug-rehabilitation program.Gert used drugs casually in the past.Heath reports to work while under the influence of alcohol.Considered to have a disability under the Americans with Disabilities Act of 1990 is​

A)Flynn.
B)Gert.
C)Heath.
D)all of the choices.

Question 67

Valerie is a pilot for Airborne Airlines.Airborne'spolicy is to restrict Valerie and its other pilots from flight responsibilities after a certain age.This is most likely​

A)a legitimate bona fide occupational qualification.
B)discrimination on the basis of age.
C)reverse discrimination.
D)discrimination on the basis of disability.

Question 68

Lingerie Closet,a women's clothing store,employs female attendants to as-sist customers in the dressing rooms.Mark,a forty-one-year-old male,ap-plies for an atten-dant's job,but is not hired.In Mark's suit against Lingerie Closet for em-ployment discrimination under Title VII,the store has​

A)no defense.
B)a bona fide occupational qualification defense.
C)a business necessity defense.
D)an after-acquired evidence defense.

Question 69

Gelato Cheese Company,a major processor of cheese sold throughout the United States,employs one hundred workers at its principal processing plant.The plant is located in Heartland Corners,which has a population that is 50 percent white and 25 percent African American,with the balance Hispanic American,Asian American,and others.Gelato requires a high school diploma as a condition of employment for its cleaning crew.Three-fourths of the white population completed high school,compared with only one-fourth of those in the minority groups.Gelato has an all-white cleaning crew.Has Gelato violated the Civil Rights Act of 1964? Explain.

Question 70

Elton files a suit in a federal district court against the state of Florida,alleging employment discrimina-tion under the Age Discrimination in Employment Act of 1967.The state asks the court to dismiss the suit.The court is most likely to rule that​

A)the state is immune from the suit.
B)the suit can proceed.
C)Elton is immune from any defense the state might offer.
D)the court is immune from such a request.

Question 71

Paula,a disabled person,applies for a job at Quantity Corporation for which she is well quali-fied,but for which she is rejected.Quantity continues to seek applicants and eventually fills the posi-tion with a person who is not disabled.Paula is most likely to succeed in a suit against Quantity for discrimination under the Americans with Disabilities Act of 1990 if she can show that​

A)she was not hired solely because of her disabil-ity.
B)she can function well with corrective devices or on medication.
C)her disability causes her undue hardship.
D)she could not perform the job even with reasonable accommodation.

Question 72

Fact Pattern 17-1
Beth,who has a disability,is an employee of Corporate Office Company (COC).After the installation of new doors on COC's building,Beth finds it nearly im-possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability.
Refer to Fact Pattern 17-1. To succeed with a claim against COC under the Americans with Disabilities Act,Beth will have to show that

A)Beth consistently met the essential requirements of her job.
B)COC refused to make reasonable accommodation for Beth.
C)Dian is unqualified for Beth's position.
D)the doors were installed as an act of intentional discrimination.