Question 1

The Equal Pay Act provides protection against discrimination based on sex.

Accepted Answer

The Equal Pay Act was passed in 1963 and prohibits employers from paying employees differently based on sex for performing jobs that require equal skill, effort, and responsibility, and are performed under similar working conditions. Therefore, it provides protection against discrimination based on sex.

Question 2

The Americans with Disabilities Act provides significant legal protections in addition to protection from employment discrimination.

Accepted Answer

The Americans with Disabilities Act (ADA) not only protects individuals with disabilities from employment discrimination but also provides legal protections in areas such as public accommodations, state and local government services, telecommunications, and transportation. It ensures that individuals with disabilities have equal access and opportunities in all aspects of society.

Question 3

In determining whether an accommodation is "reasonable" under the Americans with Disabilities Act,an employer's size and financial resources are irrelevant.

Accepted Answer

An employer's size and financial resources are relevant factors in determining whether an accommodation is reasonable under the Americans with Disabilities Act. What may be reasonable for a large corporation with significant resources may not be reasonable for a small business with limited resources.

Question 4

The Age Discrimination in Employment Act applies only to employees who are fifty years old or older.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) protects employees who are 40 years old or older from age discrimination in the workplace.

Question 5

Under Title VII of the Civil Rights Act of 1964,employers must accommodate all religious observances of their employees.

Accepted Answer

Employers are required to provide reasonable accommodations for their employees' religious beliefs unless doing so would create an undue hardship for the employer. So the statement is not entirely true. Employers only need to make "reasonable accommodations" for religious practices, not all.

Question 6

An employer is strictly liable for sexual harassment.

Accepted Answer

Strict liability does not automatically apply to employers for sexual harassment; liability depends on the circumstances, such as whether the employer took reasonable steps to prevent and address harassment.

Question 7

Seniority systems are lawful if they are not the result of intentional discrimination.

Accepted Answer

Seniority systems are allowed under certain circumstances and have been recognized as lawful by the Supreme Court as long as they are not intentionally discriminatory and meet certain requirements.

Question 8

Because e-mail is usually read privately at one's desk,employers cannot inspect the contents of employee e-mail messages as a way to try to prevent sexual harassment in the workplace.

Accepted Answer

While e-mail messages are generally considered private, employers may still have the ability to access and inspect employee e-mails under certain circumstances, such as when there is a suspicion of illegal activity or violation of company policies. However, employers must also follow applicable privacy laws and regulations when accessing employee e-mails.

Question 9

Merely being regarded as disabled is sufficient to invoke the protections of the Americans with Disabilities Act.

Accepted Answer

The Americans with Disabilities Act defines disability broadly and protects individuals who are regarded as having a disability, even if they do not actually have an impairment that substantially limits a major life activity. This includes protection from discrimination in employment, housing, and other areas.

Question 10

Kate is HIV positive,but shows no obvious symptoms of her disease.In spite of her disease,Kate is still physically strong,and able to perform all of her job functions.Under the Americans with Disabilities Act,Kate is nevertheless considered disabled because she is regarded as having an impairment.

Accepted Answer

According to the Americans with Disabilities Act, an individual is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having such an impairment. In this case, even though Kate shows no obvious symptoms of her HIV positive status, she is still regarded as having an impairment, and thus is considered disabled under the ADA.

Question 11

The Equal Pay Act was originally written to prohibit racial discrimination in pay.

Accepted Answer

The Equal Pay Act was written specifically to prohibit sex-based discrimination in pay, not racial discrimination.

Question 12

A thirty-five-year-old employee who is fired because his employer incorrectly believes he is too old to do his job does not have a valid age discrimination claim under the Age Discrimination in Employment Act.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from discrimination in employment. The ADEA does not protect individuals who are under the age of 40.

Question 13

Age is not a protected class under Title VII.

Accepted Answer

Age is not included in the list of protected classes under Title VII of the Civil Rights Act of 1964. The protected classes include race, color, religion, national origin, and gender, as well as pregnancy, childbirth, and related medical conditions. However, age discrimination is prohibited under the Age Discrimination in Employment Act (ADEA) for employees and job applicants who are 40 years old or older.

Question 14

In order to be legal,a "bona fide occupational qualification" must be both job-related and a business necessity.

Accepted Answer

A bona fide occupational qualification (BFOQ) is an exception to employment discrimination laws that allows employers to hire employees on the basis of a protected characteristic such as race, sex, or religion, if the characteristic is reasonably necessary to the normal operation of the employer's particular business or enterprise. However, the BFOQ must still be job-related and a business necessity in order to be legal.

Question 15

A plaintiff in a sexual harassment case will not prevail if the employer can prove that it exercised reasonable care in trying to prevent and promptly correct sexual harassment behavior,and that the plaintiff unreasonably failed to take advantage of preventive or corrective procedures made available to the plaintiff.

Accepted Answer

This is known as the Faragher-Ellerth affirmative defense, which can be used by employers in sexual harassment cases. If the employer can prove that it took reasonable steps to prevent and address harassment and that the employee failed to take advantage of those steps, then the employer may not be held liable for the harassment.

Question 16

Even a job advertisement that discriminates on the basis of age against any covered applicants is illegal under the Age Discrimination in Employment Act.

Accepted Answer

The Age Discrimination in Employment Act prohibits discrimination against individuals who are 40 years of age or older. It is illegal for a job advertisement to explicitly state a preference or limitation based on age.

Question 17

Under Title VII of the Civil Rights Act of 1964,an employer is under a duty to reasonably accommodate the religious observances,practices,or beliefs of its employees if doing so does not cause an undue hardship on the employer.

Accepted Answer

This statement is true. Under Title VII of the Civil Rights Act of 1964, employers are required to provide reasonable accommodation for an employee's religious beliefs and practices as long as it does not cause undue hardship on the employer. This includes making adjustments to work schedules, dress code policies, or allowing time off for religious holidays.

Question 18

Race is considered a bona fide occupational qualification for certain positions.

Accepted Answer

The answer of Race is considered a bona fide occupational...

Question 19

The key in determining whether the Equal Pay Act applies to two workers is if their jobs are equal and similar.

Accepted Answer

The Equal Pay Act of 1963 requires that men and women be given equal pay for equal work in the same establishment. This means that if two workers perform jobs that are equal in terms of skill, effort, and responsibility, and are performed under similar working conditions, they are entitled to the same pay. Therefore, the key in determining whether the Equal Pay Act applies is if their jobs are equal and similar.

Question 20

If the Equal Pay Act of 1963 is violated,the employer must increase the wages of the employee who was discriminated against in order to remedy the discrimination.

Accepted Answer

This is correct. If an employee is found to have been discriminated against in terms of pay due to their gender, race or other protected characteristic, the employer must remedy the situation by increasing the employee's wages to match those of their colleagues who are doing comparable work. This is the primary goal of the Equal Pay Act of 1963.

Quiz 36: Equal Opportunity in Employment