Deck 30: Employment Discrimination and Diversity

Question 1

The Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males.

Answer 1

True

Question 2

Employers can treat their employees more or less favorably based on their religious beliefs or practices.

Answer 2

False

Question 3

Employers cannot forbid their employees from participating in any religious activity.

Answer 3

True

Question 4

Disparate-impact discrimination occurs when a protected class of individuals is adversely affected by an employer's practices, even though they do not appear to be discriminatory.

Question 5

The Civil Rights Act of 1964 does not protect against reverse discrimination.

Question 6

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

Question 7

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

Question 8

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

Question 9

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

Question 10

Title VII of the Civil Rights Act of 1964 does not apply to employers with only five employees.

Question 11

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

Question 12

An employee's resignation must be the foreseeable result of an employer's discriminatory action to support a showing of constructive discharge.

Question 13

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

Question 14

Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964.

Question 15

Federal law does not prohibit employers from classifying jobs as male or female.

Question 16

Any employee, except an undocumented alien, can bring an action for employment discrimination.

Question 17

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

Question 18

The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of national origin.

Question 19

The Civil Rights Act of 1964 does not prohibit job discrimination in the hiring process.

Question 20

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

Question 21

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 22

Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include

A) Lee and Mira.
B) Lee only.
C) Mira only.
D) neither Lee nor Mira.

Question 23

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 24

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

Question 25

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

Question 26

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

Question 27

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

Question 28

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

Question 29

Erica is sixty-year-old woman with cerebral palsy. Erica is a member of

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

Question 30

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 31

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 32

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 33

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

Question 34

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 35

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 36

Title VII of the Civil Rights Act of 1964 applies to which of the following?

A) An employer with five employees
B) An employer with ten employees
C) A labor union with twenty-five members
D) A labor union with twelve members

Question 37

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 38

Protection against discrimination under the Civil Rights Act of 1964 does not extend to situations in which individuals are harassed by members of the same gender.

Question 39

Gender can be a bona fide occupational qualification.

Question 40

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

Question 41

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 is most likely to 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 42

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

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

Question 43

Svetlana, a fifty-five-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 44

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 45

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

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

Question 46

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 47

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 48

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 prima facie 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 49

Olivia applies for a job with Petro Company. Petro does not hire Olivia because of her ethnicity, or national origin. This is

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

Question 50

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 51

Fact Pattern 30-1
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
Refer to Fact Pattern 30-1. Manny 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) Lita must be forty years of age or older.
C) Manny must be forty years of age or older.
D) NBC must have been in existence for at least forty years.

Question 52

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) retaliation claim.
C) constructive discharge claim.
D) disparate-impact discrimination claim.

Question 53

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 54

Vinnie, the owner of Café Rico, knows about, but does not take any action to prevent, the sexual harassment of employees. Vinnie and the café may be liable for such harassment by

A) an employee's previous employer.
B) a customer or a co-worker.
C) an employee's spouse or other close relative.
D) none of the choices.

Question 55

Dakota believes that Credit Services Corporation (CSC) has dis?criminated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act of 1964. To es?tablish a prima facie case of employment discrimi?nation, 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 56

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 57

Fact Pattern 30-1
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
Refer to Fact Pattern 30-1. To succeed with an age-discrimination claim against CBC, Manny will have to show that

A) Lita is not qualified for Manny's job.
B) Manny is qualified for his job.
C) NBC's qualifications for Manny's job are too high.
D) no one could do Manny's job as well as he could.

Question 58

Conrad and Delilah are employees of AgriBio Feed & Seed Corporation. Under the Equal Pay Act of 1963, AgriBio can legitimately pay different wages on the basis of

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

Question 59

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 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 30-2
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 30-2. 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.

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

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 64

Fact Pattern 30-2
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 30-2. 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 65

Valerie is a pilot for Wayfarer Airlines. Wayfarer's policy 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 66

Machine Corporation 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 Machine Corporation 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) a seniority systems defense.

Question 67

Silky Coordinates, a women's clothing store, employs female attendants to as?sist customers in the dressing rooms. Radley, a forty-one-year-old male, ap?plies for an atten?dant's job, but is not hired. In Radley's suit against Silky 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) a seniority systems defense.

Question 68

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 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

Eton files a suit in a federal district court against 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) Eton is immune from any defense the state might offer.
D) the court is immune from such 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

Dick works for First City Bank. When his spouse Elin is diagnosed with Lou Gehrig's disease, Dick asks to take temporary leave to care for her. First City discharges him. He files a suit against the bank under the Americans with Disabilities Act of 1990. Most likely, Dick can

A) recover for association discrimination.
B) recover for reverse discrimination.
C) recover for disparate-impact discrimination.
D) not recover.