Deck 8: Gender Discrimination

Question 1

Gender discrimination is manifested in the workplace in all of the following ways except:

A) equality in pay and promotions
B) use of a "tap on the shoulder" policy for selecting new managers
C) women denied favorable job assignments that are necessary to qualify for management positions
D) pregnant women denied pay and/or promotions due to their condition.

Answer 1

A
Explanation: As women have increasingly entered the workforce since passage of Title VII, the focus of claims of gender discrimination has more recently shifted away from hiring discrimination toward on-the-job issues such as equal pay, promotions, harassment, pregnancy leave, lactation policies, caregiver responsibilities, and domestic violence. Eric S. Dreiband, EEOC general counsel, stated that this reflects "new issues erupting in a diverse workforce. As blatant discrimination decreased, other areas like harassment increase.

Question 2

Mr.Tompkins of Lawlor & Tompkins Law Firm was conducting an interview for a junior associate attorney.He asked Macy,an applicant,if she was married and when she intended,if ever,to have children.His second interview was with Scott.He did not ask Scott either of these questions.Which of the following is true in this situation?

A) Macy has a claim for gender discrimination as it is illegal to ask questions in a job interview that are only asked of one gender.
B) Macy does not have a claim for gender discrimination because she was not yet employed by the law firm.
C) Macy does not have a claim for gender discrimination because of the bona fide occupational qualification defense available to employers.
D) Macy has a claim for gender discrimination only if she in unmarried.

Answer 2

A
Explanation: Macy has a valid claim for gender discrimination. Asking questions in an interview that are only asked of one gender is prohibited under Title VII of the Civil Rights Act of 1964. For example, asking female interviewees if they have proper day care for their children and not asking male interviewees who also have children. Or, asking female applicants about reproductive plans and not asking males.

Question 3

Glass walls refer to:

A) men entering traditionally female-dominated professions such as teaching and nursing.
B) workplace conditions and stereotyping that result in women always being closely observed no matter what they do.
C) barriers that prevent women from moving laterally into areas that lead to higher advancement.
D) women being brought in to help a company in desperate crisis.

Answer 3

C
Explanation: The Glass Ceiling Commission reported that while women have gained entry into the workforce in substantial numbers, once there they face all but invisible barriers to promotion into top ranks. Glass walls prevent women from moving laterally into areas that lead to higher advancement.

Question 4

Gender is often accepted by the courts as a bona fide occupational qualification (BOFQ)defense.

Question 5

A job application question such as,"what is your maiden name" is permissible because the employer needs to verify the applicant's job history.

Question 6

Employers have considerable leeway in setting dress codes.Thus,a policy that requires men to wear normal business attire in the workplace,and women to wear smocks is permissible if the employer can state a justification (such as preventing damage to the female employee's clothing).

Question 7

Prior to the Civil Rights Act of 1964,it was common for states to have laws that limited or prohibited women from working at certain jobs,under the theory that such laws were for the protection of women.

Question 8

Under the Equal Pay Act,the content of the job,rather than the job title or description,determines the comparison of whether two jobs are substantially the same.

Question 9

If a pregnant employee is unable to perform her job because of her pregnancy,the employer should treat her just as any other employee who is temporarily unable to perform job requirements.

Question 10

Fetal protection policies are designed to protect pregnant employees or their fetuses.They do not provide protection for men,even where a man may be adversely impacted by the same condition.

Question 11

Glass ceilings prevent women from moving into lateral positions that may lead to higher advancement.

Question 12

Examples of gender bias in the workplace include all of the following except:

A) a female employee is required to wear make-up at work pursuant to a dress code policy
B) pay rates that differ significantly between similarly qualified male and female employees
C) a female employee is denied a promotion because she missed several days of work to care for sick children
D) a male employee is denied a leave of absence to care for his newborn daughter

Question 13

In the case of Ledbetter v.Goodyear Tire and Rubber Co.,Inc.,the Supreme Court held that Lilly Ledbetter could not sue for gender discrimination in pay because the statute of limitations expired 180 days from the initial discriminatory event,which had occurred years before.

Question 14

Fetal protection policies are designed to do all of the following except:

A) require employees to wear protective gear or otherwise to minimize exposure to substances that have a potential for harm to the reproductive system
B) prohibit female employees from performing certain jobs if pregnant because of the potential harm to the fetus
C) require employees to perform tasks in a way that minimizes risk to the reproductive system
D) limit the job opportunities of women of child-bearing age

Question 15

Gender-plus discrimination refers to discrimination based on sexual orientation and transgenderism.

Question 16

Minnie,a Hispanic employee,is not permitted to interview for a job opening in her company's accounting department,even though she is qualified for the position.Minnie is likely a victim of "gender-plus" discrimination (because she is a Hispanic female).

Question 17

Safe-T Securi-T Systems hires both male and female sales representatives.However,the company mostly promotes male employees to the position of senior sales executive because the job involves a lot of traveling.The management of the company believes that male employees are more suitable than female employees for jobs that require traveling.Which of the following statements is true in this situation?

A) Safe-T Securi-T Systems is not liable for gender discrimination because it can use bona fide occupational qualification as a defense to any claim filed by its female employees.
B) Safe-T Securi-T Systems is not liable for gender discrimination because it employs both men and women.
C) Safe-T Securi-T Systems is liable for gender discrimination because it is unlawful to require one gender to work different hours or job positions for reasons not related to their ability.
D) Safe-T Securi-T Systems is liable for gender discrimination only if female employees are expected to match their level of performance to that of male employees.

Question 18

The Lewisburg Fire Department advertisement advertises for individuals to be a part of its next academy class.The ad states that applicants must be at least 5'8",and must be capable of carrying at least 100 lbs up a series of 6 steps.The Lewisburg Fire Department will not have any Title VII gender discrimination issues since neither criteria is gender related.

Question 19

Which of the following is NOT true of family responsibility discrimination?

A) it has a disparate impact on women
B) it can lead to failure to promote or train in the workplace
C) it affects men and women equally
D) it is also known as "care giver bias"

Question 20

The 1991 Civil Rights Act created the Glass Ceiling Commission to:

A) eliminate discrimination based on a person's affinity orientation.
B) fix a cap on the compensation provided to top managers of publicly held companies.
C) investigate the barriers to female and minority advancement in the workplace.
D) protect transgender employees from discrimination in the workplace.

Question 21

Laura applies for the job of a firefighter.She is 5 feet 2 inches tall and weighs 110 pounds.Laura is denied the position because she does not meet the height and weight requirements.The fire department's height and weight requirements are:

A) discriminatory if it can be shown that the requirements are not directly correlated to ability to do the job.
B) not discriminatory because firefighters have mostly been tall.
C) not discriminatory because Title VII of the Civil Rights Act of 1964 does not cover jobs such as guards, police officers, and firefighters.
D) discriminatory if it can be shown that height and weight requirements are a business necessity.

Question 22

Allyson,a mid-level manager at Oxy-Chemicals has always had female assistants and is concerned that they are much less qualified than their male counterparts.When the assistant position opens up,she instructs Human Resources to hire a male assistant for her,and will not even interview female candidates.Is Allyson and/or Oxy-Chemicals in violation of Title VII of the Civil Rights Act?

A) Allyson is in violation of Title VII, but not Oxy (via human resources). Human resources is only following directions from Allyson.
B) Neither Allyson nor Oxy are in violation of Title VII because Allyson is only a mid-level manager and this is not a company policy.
C) Both Allyson and Oxy can be found liable of a Title VII violation for not considering qualified female candidates for the job.
D) Only Oxy human resources can be found in violation of Title VII because they know or should have known that it is not appropriate to consider only male candidates for the position.

Question 23

A local TV station had an opening for an evening sportscaster.Yvonne,a recent graduate with a degree in broadcast journalism,applied for the job.She was not hired on the basis that the job is restricted to men,as it involves interviewing players on high school football teams,which requires the sportscaster to spend a lot of time in the men's locker rooms.

A) Yvonne has no claim for gender discrimination because the TV station has a legitimate nondiscriminatory reason for its job requirement.
B) Yvonne has a valid gender discrimination claim, and the bona fide occupational qualification defense cannot be used because players can be interviewed outside the locker room.
C) Yvonne has no claim for gender discrimination because private employers are allowed to hire and terminate per their will.
D) Yvonne has a valid claim for gender discrimination if she can prove that the TV station has hired women for other roles that can be performed by men.

Question 24

Marcus,a prolific shoe buyer,refuses to be assisted by male store clerks.The owner of Your Shoe Town,therefore,informs his staff that only female employees should attend to Marcus because he does not want to anger a patron of his store.One of the male clerks,Austen,believes that this is illegal gender discrimination.Also,since part of his incentive pay is based on meeting the monthly sales target,he feels that this policy illegally denies him the opportunity to earn incentives because of his gender.Is Austen correct?

A) Yes, because gender can never be a bona fide occupational qualification.
B) No, because gender-based customer preferences are legitimate business concerns.
C) Yes, because customer preference is not a legitimate and protected reason to treat otherwise-qualified employees differently based on gender.
D) No, because Your Shoe Town is a private employer, and Title VII of the Civil Rights Act of 1964 does not apply to private employers.

Question 25

Thom is VP of Human Resources at Windows R Us.One of his responsibilities is to hire and fire employees,as necessary,and to make decisions on promotions within the company.The chief of procurement position,a plum assignment,opened up and Thom began the necessary process to fill it.Ralph and Darius,each with more than five years of service with Windows R Us,were the "favorite" internal candidates.In addition,several external candidates seemed well-qualified for the position.In a surprise move,Thom appointed Stella,his secretary and rumored-to-be his girlfriend,to the position.Which of the following may be true in this scenario?

A) Ralph and Darius can likely win a discrimination lawsuit based on gender discrimination.
B) Any of the candidates who can prove they are more qualified than Stella may be able to win a discrimination lawsuit based on favoritism.
C) The court will likely uphold Thom's decision since Title VII does not prevent preferential treatment based on consensual romantic relationships.
D) Ralph and Darius have a Title VII claim against Windows R Us because Thom's decision was simply unfair.

Question 26

Innov8 Computers Inc.,a U.S.-based company,has its operations in Kiribati,a developing country.The culture of the country does not permit women to deal with men professionally,though there is no law limiting women to jobs that do not require much interaction with men.Sarah,a U.S.citizen working for Innov8 Computers in Kiribati,is denied a promotion to the position of senior client manager because the job would require Sarah to interact with men inside and outside the company,and this would violate the cultural norms of Kiribati.Sarah believes this to be gender discrimination under Title VII of the Civil Rights Act of 1964.Is she correct?

A) No, because Title VII does not apply to American-owned or -controlled companies doing business outside the United States such as Innov8 Computers.
B) No, because customer preference and cultural norms are a legitimate and protected reason to treat otherwise-qualified employees differently based on gender.
C) Yes, because Innov8 Computers is required to comply with Title VII unless doing so would cause the company to actually violate the law of the country in which the business is located.
D) Yes, because gender cannot be used as a bona fide occupational qualification under any circumstances.

Question 27

Katherine,a teacher at a private school,became pregnant before her marriage.When she informed the management of the school about her pregnancy,she was told that she could not keep her job because having an unwed,pregnant teacher and,later,an unwed mother is bad for the school's reputation.Katherine feels that her employer's action is discriminatory.Which of the following statements is true in this situation?

A) Katherine cannot bring a case under Title VII of the Civil Rights Act of 1964 because the act protects only pregnant women who are married.
B) Katherine can bring a case of gender-plus discrimination against her employer.
C) Katherine has a valid disparate impact claim against her employer.
D) Katherine cannot bring a case under Title VII of the Civil Rights Act of 1964 because the act does not cover private employers.

Question 28

In the case of Price Waterhouse v.Hopkins,the U.S.Supreme Court determined that:

A) the employer had violated Title VII of the Civil Rights Act of 1964 by imposing sex-differentiated appearance and grooming standards on its male and female employees.
B) the claimant did not produce sufficient evidence to show that she was not given the same opportunities to advance as her male co-workers.
C) it is a violation of Title VII of the Civil Rights Act of 1964 for gender stereotyping to play a significant role in evaluating an employee's work performance.
D) it is not unlawful to have gender-based grooming policies because employers are free to determine how to run their businesses.

Question 29

Grooming codes may be used in the workplace.Which of the following is likely to NOT be upheld as an acceptable grooming policy of an employer?

A) Employees must wear underwear and use deodorant. Underwear may not be exposed.
B) Men must wear suits and ties (traditional business attire), while women must wear uniforms.
C) Employees may not wear clothing with profanity or suggestive logos.
D) Clothing must be clean and neat, with no visible tears or stains.

Question 30

The dress code for Upper Edge Cosmetics requires all employees to report to work in uniforms.The policy also states that female employees are required to wear makeup.However,the only requirement for men is that they keep their hair and nails trimmed.Under Title VII of the Civil Rights Act of 1964,female employees at Upper Edge Cosmetics:

A) do not have a valid discrimination claim because the act does not prohibit an employer from using gender as a basis for reasonable grooming codes.
B) do not have a valid discrimination claim because the act does not cover private employers.
C) have a valid discrimination claim because the dress code results in disparate impact against them.
D) have a valid discrimination claim because the difference in attire is based on gender and has no business necessity.

Question 31

Padma works as a sales clerk at Lavy,an upscale cosmetic brand.Hector is also a sales clerk in the same store.They were both hired the same year and have similar experience and qualifications.However,Hector is routinely paid more than Padma.If Padma files a claim under the Equal Pay Act,Padma will lose if Lavy pays:

A) based on the sales generated by each employee, and Hector generates more sales than her.
B) based on the age of an employee, and Hector is older than her.
C) Hector more because he is the only Hispanic male employee.
D) Hector more because he is a male employee, and his family members are dependent on him.

Question 32

All of the following are ways that an employer uses pregnancy,childbirth,or related medical conditions as a basis for treating an employee in a discriminatory manner,except:

A) The employer refuses to provide lighter duty assignments to a pregnant employee, even though those assignments are routinely given to other employers who are temporarily disabled.
B) The employer refuses to interview or hire pregnant employees, or those who have recently given birth.
C) The employer provides lighter duty assignments to a pregnant employee at a time that the employee believes that the lighter duty assignments are not necessary.
D) The employer reduces the hours of a pregnant employee, making her ineligible for employer-paid health insurance.

Question 33

Per the health insurance plan provided as an employee benefit at Reindeer Technologies Inc.,male employees and their spouses are covered under the plan.For female employees,however,the insurance covers only them and not their spouses.Which of the following holds true in this scenario?

A) The female employees at Reindeer Technologies Inc. do not have a valid discrimination claim as Title VII of the Civil Rights Act of 1964 does not protect employees of private employers.
B) The female employees at Reindeer Technologies Inc. do not have a valid discrimination claim under Title VII of the Civil Rights Act of 1964 because their spouses are expected to be covered under an insurance plan at their respective workplaces.
C) The female employees at Reindeer Technologies Inc. have a valid discrimination claim as providing different benefits for one gender than for another is unlawful under Title VII of the Civil Rights Act of 1964.
D) The female employees at Reindeer Technologies Inc. have a valid discrimination claim because gender can never be used as a bona fide occupational qualification.

Question 34

The police chief of the city of Grande Coast reassigns female patrol officers away from high crime areas because people living in such areas do not want female officers guarding them.They feel that female officers are not capable of performing their duties as efficiently as male officers.The female police officers of Grande Coast:

A) can bring an action for gender discrimination under Title VII of the Civil Rights Act of 1964 as customer preference is not a protected reason to discriminate.
B) cannot bring an action for gender discrimination under Title VII of the Civil Rights Act of 1964 because the chief's suggestion is intended to protect the safety of female officers.
C) cannot bring an action for gender discrimination as employees working for the government are not covered under Title VII of the Civil Rights Act of 1964.
D) can bring an action under Title VII of the Civil Rights Act of 1964 only if the transfer results in a pay difference between male and female officers.

Question 35

Fetal protection policies are:

A) legally required only if an employer has more female employees than male employees.
B) prohibited by Title VII of the Civil Rights Act of 1964 if they apply only to women.
C) prohibited by the Fair Labor Standards Act if they apply equally to women and men.
D) judicially administered only when there are more male employees than female employees in a workplace.

Question 36

Which of the following is NOT true about the gap in pay between women and men?

A) The pay gap between the genders has nearly closed. Although there are some discrepancies, for the most part men and women make equal pay for equal work.
B) The Equal Pay Act pre-dates Title VII and was designed to close the gap in wages between men and women to achieve equality.
C) Title VII and its predecessors continue to work on the issue of equal pay for equal work, however the gap still exists and will for some time.
D) Gender may not be the basis for paying lower wages to an employee for equal work, however differences based on quality or quantity of production, seniority or merit systems, or any other criteria that is not gender based may be permissible.

Question 37

Smith Paving Inc.has a contract to construct a new bypass around the city.The project is approximately 23 miles from the employer's office.Kelly and Portia are hired to keep track of the supplies delivered to the site.They are the only female employees working at this job site.Smith installs a portable restroom at the construction site,but it lacks the necessary facilities required by women and is not safe enough to be used by them.Thus,Kelly and Portia take breaks and drive back to the office to use their office restroom.However,the foreman complains that their breaks are too long.After the complaint,Kelly and Portia ask their employer to install a separate restroom for women.Which of the following is true in this situation?

A) Kelly and Portia's request for a separate restroom constitutes gender discrimination, and the employer cannot comply without being liable under Title VII of the Civil Rights Act of 1964.
B) Kelly and Portia's request for a separate restroom should be granted as not taking into consideration legitimate differences between genders can be unlawful.
C) The employer has no legal obligation to provide separate restrooms unless state law requires it.
D) The employer can terminate Kelly and Portia for demanding a separate restroom on the basis of bona fide occupational qualification.

Question 38

Katie is a qualified carpenter who works for Kent Construction Inc.Kent Construction is losing business as most clients do not like the idea of female construction workers working on their project.They often complain that they cannot trust the work of a female employee.On this basis,Kent Construction fires Katie.Which of the following statements is true in this situation?

A) Kent Construction is not liable for gender discrimination because of the business necessity defense.
B) Kent Construction is not liable for gender discrimination as it can use the bona fide occupational qualification defense.
C) Kent Construction is liable for gender discrimination as customer preference is not a legitimate reason to discriminate against employees.
D) Kent Construction is liable for gender discrimination because Katie was hired for a job that requires being male as a bona fide occupational qualification.

Question 39

An employer may legitimately decide not to hire individuals of a given gender if:

A) the job requires employees of a given gender to interact with the opposite gender on a regular basis.
B) the customers have a preference for employees of a particular gender.
C) doing so would pose a logistical hardship that involves an unreasonable financial burden on the employer.
D) doing so would eliminate the bona fide occupational qualification defense.

Question 40

Cassie works for RedBug Telecommunications Inc.as a customer relationship executive.According to the company's grooming policy,male customer relationship executives can wear normal business attire to work,but female employees are required to wear uniforms,though both perform the same duties.Which of the following holds true in this scenario?

A) Cassie does not have a claim for gender discrimination under Title VII of the Civil Rights Act of 1964 because RedBug Telecommunications hires both male and female employees.
B) Cassie has a valid gender discrimination claim under Title VII of the Civil Rights Act of 1964 because female employees are being treated differently from male employees regarding attire with no reasonable job-related justification.
C) Cassie does not have a claim for gender discrimination under Title VII of the Civil Rights Act of 1964 as long as RedBug Telecommunications can show that both male and female customer relationship executives are paid equally.
D) Cassie has a valid gender discrimination claim because Title VII of the Civil Rights Act of 1964 restricts employers from imposing grooming codes on their employees.

Question 41

Jonah and Sally,recent graduates,are hired as computer analysts for ComputerWorld Inc.In a conversation over lunch,Sally discovers that Jonah's salary is 15 percent higher than hers.Assuming that she is being paid less because she is a female,Sally contacts the human resources department,demanding that her salary be increased by 15 percent.After a few days,however,she is informed that Jonah violated company policy by discussing his salary,and his salary would be reduced by 15 percent to maintain equality.In this scenario:

A) Sally does not have a discrimination claim under the Equal Pay Act because the company remedied the wage discrepancy by lowering Jonah's salary.
B) Jonah has a discrimination claim because the employer violated the Equal Pay Act by reducing Jonah's salary to match Sally's salary.
C) Sally has a claim under the Equal Pay Act only if she can show that she incurs more monthly expenses than Jonah.
D) Sally does not have a claim for discrimination under the Equal Pay Act because ComputerWorld is a private employer.

Question 42

Liam works as a sales clerk at Big Time TV and Stereo,an entertainment and appliance retailer.Big Time has a grooming policy that requires employees to be generally neat in appearance and specifically prohibits male employees from wearing long hair.Liam,an aspiring actor,has been growing his hair out for a role.Though he makes a point to pull his hair back neatly in a ponytail,he has been issued a warning about violating the store's grooming policy and faces termination if he fails to comply.Liam claims that the policy constitutes gender discrimination because there is no such limitation on female employees.Does Liam have a valid claim for gender discrimination against Big Time?

Question 43

Describe "gender-plus" discrimination,and the issues that arise as a result of it.Give at least two examples.

Question 44

All of the following are true of fetal protection policies,except:

A) are policies adopted by an employer that limit or prohibit employees from performing certain jobs or working in certain areas of the workplace because of the potential harm presented to pregnant employees, their fetuses, or the reproductive system or capacity of employees
B) should consider whether adverse effects extend to men, and if they do, should provide protections for the men too
C) should never be applied to men in the workplace
D) it can be problematic when they take away job discrimination protection from a female employee rather than letting her make her own decisions

Question 45

What is gender stereotyping,and how does it result in gender discrimination?

Question 46

All of the following are examples of gender stereotyping except:

A) men are always the family breadwinners
B) men who display emotion are weak or effeminate
C) a female manager has some direct reports that are male.
D) a woman away from her desk must be in the bathroom; a man away from his desk must be attending to business matters

Question 47

Unless a BFOQ,gender may not be the basis for an employment decision.All of the following are problematic,except:

A) Asking for a job applicant's maiden name in order to perform a background check.
B) Failure to provide proper restroom facilities for women when the job site is under construction.
C) Terminating a female employee for cursing on the job, while male employees are merely reprimanded for it.
D) Asking a job applicant if they have used other names in the past in order to perform a proper background check.

Question 48

The Pair o' Dice Casino refuses to hire female bouncers on the grounds that they are not strong and intimidating enough to effectively perform the job.During a trial for gender discrimination brought by a group of women who were denied jobs as bouncers at the casino,the general manager defended the policy and offered as the only evidence of the policy's soundness that "it is quite evident that the physical capability of women is less than that of men." What kind of defense is the general manager asserting,and will it be successful?

Question 49

Lily is an image technician.She reviews photographs for placement in a stock images catalog.Her male colleagues,who also review photographs for placement in a stock images catalog,are photo analysts.She complains that she is paid less for doing the same work as them.Which of the following is true in this situation?

A) Lily will prevail in a claim under the Equal Pay Act if both of the jobs require equal skill, effort, and responsibility.
B) Lily will not prevail in a claim under the Equal Pay Act because the law allows for unequal pay when the job titles are different.
C) Lily will not prevail in a claim under the Equal Pay Act as pay information is meant to be confidential, and she has broken the law by finding out what her colleagues are paid.
D) Lily will prevail in a claim under the Equal Pay Act only if she can show that her expenses are more than that of her male colleagues.

Question 50

Victoria has been employed by TEDCO Inc.for five years.During that time,she has been an exemplary employee,frequently being named employee of the quarter.TEDCO has 150 employees,47 of them female,yet none of its female employees has young children.However,several of its male employees have young children.When Victoria informs Brian,her manager,that she is pregnant,he starts treating her differently even though her work has not been affected by her pregnancy.Brian does not like having pregnant employees on his team and therefore fires Victoria in her sixth month of pregnancy.Victoria finds out later that Brian also fired another employee when she told him she was pregnant.Does Victoria have a valid claim for pregnancy discrimination against TEDCO? Also,is the company's attitude toward women with young children lawful?