Question 1

The Americans with Disabilities Act applies to workplaces with at least

Accepted Answer

The Americans with Disabilities Act applies to workplaces with at least fifteen workers.

Question 2

Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under the Civil Rights Act, the club most likely has

Accepted Answer

The fitness club is a female-only club, which means that the job requirement is gender-specific. The club can argue that being a female is a bona fide occupational qualification (BFOQ) for the job to provide female-only assistance to its members. Therefore, the club can use the BFOQ defense to justify not hiring Greg as a male staff member.

Question 3

Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is

Accepted Answer

The connection between a high school education and job performance can be used as a defense for Pipeline Corporation under the business necessity defense. This defense allows employers to discriminate on the basis of a certain requirement if it is essential to the operation of the business.

Question 4

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is

Accepted Answer

Ivy, Jerold, and Kim all have physical or mental impairments that substantially limit their abilities, which is one of the criteria for being considered to have a disability under the Americans with Disabilities Act.

Question 5

The Uniformed Services Employment and Reemployment Rights Act applies to

Accepted Answer

The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all employers in the United States, regardless of whether they are public or private. It also applies to U.S. employers operating in foreign countries. Therefore, the correct answer is D - all of the choices.

Question 6

To succeed in a suit against a potential employer for discrimination under the Americans with Disabilities Act, a job applicant must show that he or she

Accepted Answer

To succeed in a suit against a potential employer for discrimination under the Americans with Disabilities Act, a job applicant must show that he or she was not hired solely because of a disability. This means that discrimination based on the applicant's disability was the sole reason for not being hired.

Question 7

Bib replaces Chloe in her job at Data Sales Corporation. To succeed with an age-discrimination claim against Data, Chloe will have to show that

Accepted Answer

To succeed with an age-discrimination claim, Chloe will have to show that she is qualified for the job that Bib replaced her in. This means that the employer cannot claim that they hired Bib because they were more qualified than Chloe due to her age.

Question 8

Marv files a suit against the state of New Hampshire, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

Accepted Answer

The state is generally immune from suits brought against it by private individuals under the doctrine of sovereign immunity, unless the state has waived its immunity. The ADEA does contain a provision allowing a waiver of immunity by states, but only if the state receives federal funding. Unless New Hampshire has received federal funding and waived its immunity, the court is likely to dismiss the suit based on sovereign immunity.

Question 9

Sweet Air Filtration Products Company, a major supplier of air filters sold throughout the United States, employs one hundred workers at its principal manufacturing plant. The plant is located in Thunder Bay, which has a population that is 50 percent white and 25 percent African American, with the balance Hispanic American, Asian American, and others. Sweet Air 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. Sweet Air has an all-white cleaning crew. Has Sweet Air violated the Civil Rights Act? Explain.

Accepted Answer

The answer of Sweet Air Filtration Products Company, a major...

Question 10

Jon, a paraplegic, applies for a broadcaster's job with a radio station. The manager says, "You meet all our requirements. But we need someone who can move around the studio without accommodation." Most likely, Jon could recover from the station under

Accepted Answer

The Americans with Disabilities Act prohibits discrimination against individuals with disabilities in employment. Jon's paraplegia is considered a disability under the ADA, and the radio station is required to provide reasonable accommodations to enable him to perform the essential functions of the job. Refusing to hire Jon solely because he cannot move around the studio without accommodation would be a violation of the ADA.

Question 11

Veronica is a repairperson for Wind Power Company. The job requires traveling to remote areas to make repairs to windmills, transmission towers, and power stations under any conditions. Veronica has had the job longer than other employees. Veronica applies for a promotion to a supervisory position that requires constant communication with others in the field. Wind Power rejects the promotion on the ground that Veronica is hearing impaired. Wind Power acknowledges that Veronica is otherwise qualified, but asserts that it "needs someone who does not have a hearing problem." Veronica files a suit against Wind Power under the Americans with Disabilities Act. What is the issue, and what are the relevant considerations on which its resolution depends?

Accepted Answer

The answer of Veronica is a repairperson for Wind Power...

Question 12

An affirmative action plan may be found to be unconstitutional because it

Accepted Answer

An affirmative action plan must attempt to remedy past discrimination, and if it does not do so, it may be found to be unconstitutional.

Quiz 29: Employment Discrimination