Deck 43: Employment Discrimination

Question 1

The definition of disabled individuals under the Americans with Disabilities Act includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Answer 1

True
Explanation: A disabled individual, for purposes of ADA, is defined as a person who meets one of the following criteria:
• Has a physical or mental impairment that substantially limits one or more of the major life activities of such individual.
• Has a record of such impairment.
• Is regarded as having such an impairment.

Question 2

Which of the following are the categories protected by Title VII?

A) Race and color
B) Race, color, and religion
C) Race, color, religion, and sex
D) Race, color, religion, sex, and national origin
E) Race, color, religion, sex, national origin, and age

Answer 2

D
Explanation: Title VII prohibits employers from hiring, firing, or otherwise discriminating in terms and conditions of employment and prohibits segregating employees in a manner that would affect their employment opportunities on the basis of their race, color, religion, sex, or national origin.

Question 3

The Americans with Disabilities Act is enforced by the Disability Action Agency,not the Equal Employment Opportunity Commission.

Answer 3

False
Explanation: ADA is enforced by the EEOC in the same way that Title VII is enforced.

Question 4

The concept of at-will employment excludes the concept that an employee may quit at any time.

Question 5

What is the first step a plaintiff would establish in order to prove disparate-treatment employment discrimination under Title VII?

A) The plaintiff would demonstrate a prima facie case of discrimination.
B) The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext.
C) The plaintiff would prove beyond a reasonable doubt that discrimination occurred.
D) The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused.
E) The plaintiff would complain to the Equal Employment Opportunity Commission.

Question 6

State laws may give employees less,but not more,protection than federal law.

Question 7

Title VII of the Civil Rights Act applies to employers who have ______ or more employees for ______ consecutive weeks within one year and who are engaged in a business that affects commerce.

A) 15; 20
B) 50; 20
C) 15; 30
D) 20; 50
E) 20; 52

Question 8

Which of the following was decision of the appellate court in Crystal Dixon v.University of Toledo,the case in the text in which the plaintiff alleged a violation of the Equal Pay Act?

A) That the defendant was entitled to a judgment in its favor because a claim under the Equal Pay Act cannot be based on a male successor's pay rate.
B) That the defendant was entitled to a judgment in its favor because Title VII subsumed the provisions of the Equal Pay Act, and the plaintiff was required to name Title VII in her complaint.
C) That the defendant was entitled to a judgment in its favor because it established that the plaintiff was fired for cause.
D) That the plaintiff correctly made out her prima facie case by alleging the wage differential between her pay at termination and her successor's pay at the onset of his new position.
E) That the plaintiff correctly made out her prima facie case through establishing that there was no basis upon which her termination could be legally based and that the male successor was hired almost immediately following her termination.

Question 9

The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.

Question 10

Which of the following is the term for the concept that an employee may be fired for no reason at all?

A) Fire-at-will
B) At-will employment
C) No-reason-firing
D) Without-reason-firing
E) Unsupported discharge

Question 11

Currently only one state prohibits discrimination on the basis of sexual orientation.

Question 12

Prima facie is Latin for ____.

A) A provable case
B) At first view
C) Probable cause
D) Beyond a reasonable doubt
E) By a preponderance

Question 13

In recent years the number of sexual harassment claims filed under Title VII has been in decline.

Question 14

Which of the following was the court's ruling on appeal in Danny Lambert v.Mazer Discount Home Centers Inc.,the case in the text in which the plaintiff alleged age discrimination following a change in management and his discharge?

A) That the plaintiff had not established the elements of a prima facie case of age discrimination because he had failed to produce evidence that the employer replaced him with a younger person.
B) That the plaintiff established the elements of a prima facie case of age discrimination and that there was no requirement that he establish that he was replaced with a younger person, but that the plaintiff failed to rebut the defendant's proffered reason for the discharge.
C) That the plaintiff established the elements of a prima facie case of age discrimination, that there was no requirement that he establish that he was replaced with a younger person, and that a jury question existed as to whether the plaintiff could sufficiently rebut the defendant's proffered reason for the discharge.
D) That a jury question existed both as to whether the plaintiff established the elements of a prima facie case of age discrimination and as to whether the plaintiff could sufficiently rebut the defendant's proffered reason for the discharge.
E) That the plaintiff was entitled to a verdict in his favor as a matter of law because he established a prima facie case and also successfully rebutted the defendant's proffered reason for the discharge.

Question 15

In the U.S.at-will employment applied in all states until ____.

A) 1920
B) 1932
C) 1944
D) 1959
E) 1964

Question 16

Title VII does not apply to the overseas operations of American firms.

Question 17

Which title of the Civil Rights Act of 1964 deals with discrimination in employment?

A) Title VII
B) Title VI
C) Title V
D) Title IV
E) Title III

Question 18

In order to establish facts sufficient to create a reasonable inference that age was a determining factor in a termination,a plaintiff in an Age Discrimination in Employment Act case need not prove replacement by someone outside the protected class.

Question 19

Which of the following is not a type of entity that may be covered by Title VII?

A) Indian tribes
B) Private clubs
C) Unions
D) Employment agencies
E) Private employers with 10 or less employees

Question 20

It is usually more difficult to prove disparate impact,as opposed to disparate treatment,in regard to violations of Title VII.

Question 21

Under which of the following,if any,may an individual after age 65 be subject to termination under the Age Discrimination in Employment Act if the individual has been employed as a bona fide executive for at least two years immediately before retirement,and on retirement he or she is entitled to nonforfeitable annual retirement benefits of at least $44,000?

A) The retirement exemption
B) The executive exemption
C) The forfeiture exemption
D) The guaranteed income stream exemption
E) There is no such exemption

Question 22

In the area of employee testing,which of the following measures a psychological trait needed to perform a job?

A) Content validity
B) Criterion-related validity
C) Construct validity
D) Object validity
E) Performance validity

Question 23

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act?

A) 60
B) 50
C) 45
D) 40
E) 35

Question 24

Which of the following best represents the ruling of the U.S.Supreme Court in Oncale v.Sundowner Offshore Services Inc.,the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

A) That same sex harassment states a claim under Title VII only if the harasser is a homosexual.
B) That same sex harassment may never state a claim under Title VII.
C) That same sex harassment may state a claim in the male to male context but not in the female to female context.
D) That same sex harassment may state a claim under Title VII.
E) That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment.

Question 25

Which of the following is not available as a remedy under Title VII?

A) Up to three years of back pay
B) Attorney fees
C) Remedial seniority
D) Court costs
E) Reinstatement

Question 26

Which of the following is true regarding caps on punitive damages in Title VII cases based on discrimination other than race?

A) Punitive damages are capped at $300,000 for employers of more than 500 employees.
B) Punitive damages are capped at $50,000 for employers of between 100 and 200 employees.
C) Punitive damages are capped at $25,000 for employers of between 25 and 50 employees.
D) Punitive damages are capped at $75,000 for employers of between 50 and 200 employees.
E) There is no cap on punitive damages.

Question 27

Which of the following are sometimes called "unintentional-discrimination" cases?

A) Disparate-treatment cases
B) Disparate-impact cases
C) Sexual harassment cases
D) All of these
E) Disparate-treatment cases and disparate-impact cases, but not sexual harassment cases.

Question 28

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally,its actual effect is that it disproportionately limits employment opportunities for a protected class?

A) Disparate-treatment cases
B) Disparate-impact cases
C) Sexual harassment cases
D) All of these
E) Quid pro quo cases

Question 29

In states that do not have state EEOCs,the aggrieved party must file the charge with the federal EEOC within ______ days of the alleged discriminatory act.

A) 30
B) 60
C) 90
D) 180
E) 365

Question 30

Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

A) The plaintiff wins.
B) The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge.
C) The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur.
D) The burden remains with the plaintiff to prove discrimination beyond a reasonable doubt, a special standard in disparate-treatment cases.
E) The burden remains with the plaintiff to establish damages to a reasonable certainty.

Question 31

The Age Discrimination in Employment Act applies to private employers having ______ or more employees.

A) 50
B) 40
C) 30
D) 20
E) 15

Question 32

Which of the following is true regarding an award of attorney fees under Title VII?

A) Attorney fees are always awarded to the prevailing party in Title VII cases.
B) Similar to attorney fees in a motor vehicle accident lawsuit, attorney fees are never awarded to the prevailing party in Title VII cases.
C) Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendant.
D) Attorney fees are not awarded to prevailing plaintiff; but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney fees to the prevailing defendant.
E) Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust; and if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney fees to the prevailing defendant.

Question 33

Which of the following is not a defense available to employers charged with age discrimination under the Age Discrimination in Employment Act?

A) The operation of a bona fide seniority system
B) That decisions are based on reasonable factors other than age
C) The bona fide occupational qualification defense
D) The qualified but aged defense
E) The executive exemption

Question 34

Which of the following is the difference between the amount of money the plaintiff earned since the discriminatory act and the amount of money she or he would have earned had the discriminatory act never occurred?

A) Front pay
B) Statutory pay
C) Back pay
D) Mandated pay
E) Employment-based pay

Question 35

In the area of employee testing,which of the following shows a statistical relationship between test scores and objective criteria of job performance?

A) Content validity
B) Criterion-related validity
C) Construct validity
D) Object validity
E) Performance validity

Question 36

Which of the following is provided to a plaintiff if the EEOC decides not to sue on behalf of the plaintiff?

A) A termination of claim letter
B) A reinstatement letter
C) A referral letter
D) A right-to-sue letter
E) A delineation letter

Question 37

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

A) An employer cannot be held liable in such cases because the employer has no control over the nonemployee.
B) An employer is liable as a matter of law in such cases because an employer has an absolute duty to provide a work environment that is free of harassment.
C) An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee, yet the employer does nothing to remedy the situation.
D) An employer may only be held liable in such cases if quid pro quo harassment is involved.
E) An employer may only be held liable in such cases if disparate-impact harassment is involved.

Question 38

In the area of employee testing,which of the following isolates some skill used on the job and directly tests that skill?

A) Content validity
B) Criterion-related validity
C) Construct validity
D) Object validity
E) Performance validity

Question 39

Which of the following acts has as its goal preventing employers from discriminating against employees and applicants with disabilities?

A) The Americans with Disabilities Act
B) The Disabled Citizens Act
C) The Handicapped Americans Act
D) The Disabled Americans Act
E) The Civil Rights Act-Title VII

Question 40

When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

A) At any time after the charge is filed.
B) At any time after 180 days have elapsed since the filing of the charge.
C) At any time after 90 days have elapsed since the filing of the charge.
D) At any time after 60 days have elapsed since the filing of the charge.
E) The plaintiff does not have the right to request a right-to-sue letter from the EEOC.

Question 41

What did the U.S.Supreme Court rule in United States v.Windsor,the case in the text involving the constitutionality of Section 3 of the Defense of Marriage Act (DOMA)limiting the federal definition of "marriage" to being between one man and one woman?

A) The Court ruled that Section 3 of DOMA was unconstitutional.
B) The Court ruled that Section 3 of DOMA was constitutional.
C) The Court ruled that Section 3 of DOMA was constitutional but that it would be stricken along with the remaining sections of the law based on other sections of DOMA that were unconstitutional.
D) The Court ruled that Section 3 of DOMA was unconstitutional but that the Court had the authority to rewrite the offending provisions in order to bring it into compliance with constitutional requirements.
E) The Court ruled that Section 3 of DOMA was constitutional but that it would be stricken based on significant disagreement regarding its meaning.

Question 42

Which of the following is false regarding the status of women in Saudi Arabia?

A) Women are not allowed to drive.
B) Women constitute only 25 percent of Saudi Arabia's workforce.
C) The law limits the industries in which women can be employed.
D) Women are forbidden to receive business licenses if they may have to interact with males or government officials.
E) Places of employment are segregated by sex.

Question 43

What type of harassment,if any,was involved in Candy's indication to Bruce that if he wanted to get a new blow dryer and keep his job,then he needed to take her out on a date?

A) Quid pro quo.
B) Hostile work environment.
C) Sexual discrimination.
D) Targeted.
E) None because at that point she had not physically touched him in any manner.

Question 44

What did the U.S.Supreme Court rule in Teresa Harris v.Forklift Systems Inc.,the case in the text involving Title VII and whether psychological injury is necessary in order for a plaintiff to prevail?

A) That tangible psychological injury is necessary in order to prevail in a sexual harassment case under Title VII.
B) That whether the victim subjectively perceived the work environment to be abusive and suffered psychological injury is irrelevant to whether a violation of Title VII based on sexual harassment occurred.
C) That so long as the environment would reasonably be perceived, and is perceived, as hostile or abusive, there is no need for it also to be psychologically injurious.
D) That courts should apply a precise mathematical test as prescribed in the case in order to determine whether psychological damages are available.
E) That whether the conduct at issue is physically threatening is the determining factor on the issue of whether psychological damages are available.

Question 45

Which of the following is false regarding the Americans with Disabilities Act?

A) A person is covered under the law if he or she is regarded as having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
B) A person is covered under the law if he or she has a record of having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
C) Claims based on emotional or psychiatric impairments are not allowed.
D) Typical accommodations for those with mental disabilities include providing a private office, flexible work schedule, restructured job, or time off for treatment.
E) An employer who has repeatedly violated the act may be subject to fines of up to $100,000.

Question 46

Which of the following is true regarding Bruce's statement regarding the need for psychological counseling?

A) A plaintiff is not required to show a tangible psychological injury in order to prevail on a sexual harassment claim.
B) A plaintiff is required to show a tangible psychological injury in order to prevail on any sexual discrimination or sexual harassment claim.
C) A plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless an independent witness can corroborate on an objective basis that sexual harassment actually occurred.
D) A plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless the plaintiff can show that the harassment caused the plaintiff monetary harm in the form of lost wages because of inability to work.
E) A plaintiff is only excused from showing a tangible psychological injury in a claim involving sexual harassment if the plaintiff can prove beyond a reasonable doubt that severe and pervasive harassment frequently occurred.

Question 47

Which of the following is true regarding whether employers may discriminate against smokers?

A) There is a federal law specifically prohibiting employers from firing employees who smoke, but it does not address the hiring of those who smoke.
B) There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke.
C) There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke, and it also requires that employers have a designated smoking area.
D) There is no federal law prohibiting employers from firing employees who smoke although some states have laws protecting rights of smokers.
E) Neither federal nor state laws prohibit employers from firing employees who smoke.

Question 48

What will be the likely result if Groucho defends on the basis that being slender is a job requirement for males as well as females?

A) If he can prove that he also requires males to be of a certain type, then that is a bona fide occupational qualification; and Groucho can require that of Gracie with a resulting discharge.
B) Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that he has an established history of requiring skinny servers and that he did not single out Gracie.
C) Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that Gracie was attempting to voluntarily get pregnant.
D) Groucho will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only.
E) Groucho will lose because pursuant to the Pregnancy Discrimination Act (PDA) of 1987, an employer may not force a woman to take time off work during her pregnancy.

Question 49

In relation to Bruce,what type of harassment,if any,were Candy's caresses and suggestive statements?

A) Quid pro quo.
B) Hostile work environment.
C) Sexual discrimination.
D) Targeted.
E) None because she did not touch him in an inappropriate way.

Question 50

Which of the following is true regarding the plan of Samantha,Trevor,and George to go directly to federal court with a claim against Prudence?

A) They will be able to do so.
B) Trevor and George will be able to go straight to court; but plaintiffs alleging coverage based on a mental disability, such as Samantha, must first file a charge with the EEOC or an appropriate state agency.
C) Samantha will be able to go straight to court, but Trevor and George will have to first file a charge with the EEOC or an appropriate state agency because only plaintiffs alleging coverage under the act based on a mental disability may go straight to court.
D) Only George must first file a charge with the EEOC or an appropriate state agency because his claim is the only claim that would involve a substantial amount of money.
E) Samantha, Trevor, and George must all first file a charge with the EEOC or with an appropriate state agency, and they should not be allowed to proceed in federal court without doing so.

Question 51

Which of the following is true regarding Groucho's comment that pregnancy-based discrimination is not covered by Title VII?

A) He is correct, and pregnancy-based discrimination is not prohibited by federal law.
B) He is correct, and pregnancy-based discrimination is not prohibited by Title VII; but it is prohibited by Title IV.
C) Whether he is correct depends on the number of employees he has. Title VII was amended in 1989 to include pregnancy within its protection, but only for employers with over 50 employees.
D) He is incorrect because Title VII was amended in 1987 to include pregnancy within its protection.
E) He is incorrect because Title VII was amended in 1997 to include pregnancy within its protection for all employees other than professional level employees.

Question 52

Which of the following is true regarding whether Trevor is covered under the act?

A) He is not covered under the act because, by his own admission, he has no actual physical disability.
B) He will only be covered under the act if he can establish that he has a documented mental disability due to the belief of others that he is handicapped.
C) He would likely be covered under the act because he is regarded as having an impairment so long as he can establish that he is substantially limited in performing a major life activity.
D) He would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability.
E) He would not be covered under the act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the act pertaining to perceptions of disability.

Question 53

Which of the following was the primary purpose of the Equal Pay Act?

A) To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job.
B) To eliminate situations in which women and also men were not paid equally for doing substantially the same job.
C) To eliminate situations in which women and men were being paid less that deserved for certain types of work.
D) To eliminate situations in which both men and women were denied overtime compensation and fair working conditions.
E) To eliminate situations in which men, women, and those of a different national origin were denied overtime compensation and fair working conditions.

Question 54

Which of the following is not a situation under which men and women may be paid different wages under the Equal Pay Act?

A) When payment is made pursuant to a seniority system.
B) When payment is made pursuant to a merit system.
C) When payment is made pursuant to a system which measures earnings by quantity or quality of production.
D) When the differential is based on any factor other than sex.
E) When the parties sign a waiver.

Question 55

Which of the following is true regarding discrimination based on sexual orientation?

A) There is a federal law specifically prohibiting discrimination based on sexual orientation providing back pay, attorney fees, and punitive damages as available remedies.
B) There is no federal law specifically prohibiting discrimination based on sexual orientation, but it is considered by most courts to be included within Title VII's ban of discrimination based on gender.
C) There is a federal law specifically prohibiting discrimination based on sexual orientation, but it only provides for back pay as an available remedy.
D) There are no state laws specifically prohibiting discrimination based on sexual orientation nor is there any federal law providing such protection.
E) While there is no federal law specifically prohibiting discrimination based on sexual orientation, some states do have laws prohibiting discrimination based on sexual orientation.

Question 56

Which of the following is true regarding any duty of Prudence to provide Trevor with a private office?

A) She would not have to provide him with a private office because he is not covered by the Americans with Disabilities Act.
B) She would not have to provide him with a private office because the only accommodation mandated for those with his condition is time off for counseling.
C) She would not have to provide him with a private office because the act only contemplates accommodation through the placement of additional equipment to assist those with disabilities.
D) She would absolutely have to provide him with a private office.
E) She would likely be required to provide him with a private office unless it can be established that the accommodation requested is not reasonable and would place an undue burden on the company.

Question 57

Which of the following is true regarding Samantha's claim under the Americans with Disabilities Act?

A) She will lose because mental disabilities are not covered under the act.
B) She will likely win because mental disabilities are covered under the act, and she had the right to ask for anything that would help her.
C) She will likely lose because she has no proof of a mental impairment that substantially limits one or more of her major life activities.
D) She will lose unless she can establish that she has a personality disorder because that is the only type of mental disability covered by the act.
E) She will lose unless at least until she can establish that she has been in counseling for at least six months because that is required in order to establish a mental disability under the act.

Question 58

Which of the following is true regarding Gracie's entitlement to be paid for time she is medically required to be off for pregnancy?

A) Courts have ruled that while an employer cannot fire a pregnant employee based on the pregnancy, employers do not have to pay the employee for time off because pregnancy is a voluntary condition; and Gracie is, therefore, not entitled to paid time off.
B) All employers covered by Title VII must pay employees for the time they are medically required to be off work for pregnancy; and Gracie is, therefore, entitled to at least some paid time off.
C) All employers covered by Title VII must pay employees half their pay for the time they are medically required to be off work for pregnancy; and Gracie is, therefore, entitled to at least some paid time off.
D) Employers under Title VII must treat temporary disability caused by pregnancy the same as any other temporary disability; and since Groucho paid employees who were off based upon other temporary disabilities, he should be required to pay Gracie as well.
E) Courts have ruled that employers only have to pay employees for time they are medically required to be off for pregnancy if the employee handbook provides for such payments; and Gracie is, therefore, not entitled to paid time off.

Question 59

Which of the following is true regarding Robert's claim of sexual harassment?

A) He will recover if Bruce is able to recover because their claims will be reviewed as a group.
B) He will not be able to prevail because Candy did not require that he take any action toward her in order to receive a work-related benefit or avoid a work-related detriment.
C) A recovery by Bruce does not establish that Robert should recover because Robert would need to show that he subjectively found Candy's conduct personally offensive.
D) Candy's actions would be reviewed only on an objective basis, and what Robert subjectively thought is irrelevant.
E) Robert will be able to recover only if he can establish that he did not benefit through favors at work based upon Candy's actions.

Question 60

Assuming George can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability,which of the following is true regarding any duty of Prudence to provide George with a second elevator?

A) Since he is covered under the act with an actual physical disability, she must grant his request regardless of cost.
B) She is not required to accommodate him under the act until his doctor certifies that he has reached maximum medical improvement and will not get any better.
C) She will likely be required to put in the second elevator because under the act, an employee is not supposed to be asked for any accommodation by the employer.
D) She will likely not be required to put in the second elevator because George can move his office, and putting in a second elevator would probably be an undue hardship on the employer.
E) She will likely not have to put in a second elevator because it will not benefit other employees, and an employer only has to make a change to a building as an accommodation under the act if the change will benefit a substantial number of employees.

Question 61

Wayne was angry with Lynette because she would not go out on a date with him.Both Wayne and Lynette worked for Big Grocery,a chain of grocery stores.Wayne worked as a manager,and Lynette was a cashier.Big Grocery set up,maintained,and allowed employees to use an online forum to post suggestions and complaints.Wayne and some other employees posted derogatory comments regarding Lynette,criticized her for refusing to go out with Wayne,and poked fun at her bust size and other personal attributes.Lynette complained to Big Grocery's human resource manager who told her that the forum was open to all employees,that Big Grocery had a policy of not interfering,and that Lynette should just post a reply.Discuss whether Big Grocery should be required to intervene or whether Big Grocery is allowed to have an open forum.Also,discuss what you ethically believe the law should be in this area.

Question 62

How does a plaintiff in an action under the Age Discrimination in Employment Act establish a prima facie case of age discrimination involving a termination?

Question 63

Recommend steps that an employer should take to avoid claims of sexual harassment.

Question 64

Set forth the definition of sexual harassment stated by the EEOC and accepted by the U.S.Supreme Court.

Question 65

When is a seniority system a defense to a charge of discrimination under Title VII?