Question 1

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

The Americans with Disabilities Act prohibits discrimination against individuals with disabilities in all areas of public life, including hiring decisions. In order to succeed in a discrimination lawsuit, the job applicant must prove that his or her disability was a factor in the decision not to hire him or her. This means that the applicant must show that he or she was not hired solely because of the disability. The other choices, B, C, and D, are not accurate statements of the law or requirements for a successful discrimination suit.

Question 2

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 (ADA) prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations, such as wheelchair ramps or modified office equipment, to allow individuals with disabilities to perform essential job functions. In this case, the radio station would be required to provide reasonable accommodations to allow Jon to move around the studio, such as a wheelchair ramp or modified studio layout. Therefore, Jon could potentially recover from the station under the ADA.

Question 3

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 4

The Americans with Disabilities Act applies to workplaces with at least

Accepted Answer

The Americans with Disabilities Act (ADA) applies to private employers with 15 or more employees, as well as to state and local government employers, employment agencies, and labor unions.

Question 5

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's policy of employing only female staff may be considered a bona fide occupational qualification (BFOQ) defense under the Civil Rights Act, which permits employers to discriminate on the basis of sex if it is reasonably necessary to the normal operation of the particular business. As Fitness Club is a female-only fitness club, it may argue that having female-only staff is necessary to create a comfortable and safe environment for its female members. Therefore, the BFOQ defense is likely to be the most appropriate defense for the club.

Question 6

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

Pipeline is using the defense of business necessity, which states that a certain qualification is necessary for an individual to perform their job adequately. In this case, Pipeline argues that having a high school diploma is necessary for job performance.

Question 7

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 immune from the suit under the doctrine of sovereign immunity. This principle holds that the government cannot be sued without its consent. While there are exceptions to this rule, they usually do not apply to employment discrimination claims brought under federal law.

Question 8

An affirmative action plan may be found to be constitutional if it

Accepted Answer

An affirmative action plan may be found to be constitutional if it attempts to remedy past discrimination. This is because the purpose of affirmative action is to provide equal opportunities to individuals who have been historically disadvantaged and discriminated against, and to ensure that the effects of past discrimination are not perpetuated. Quotas or preferences may be used, but they must be narrowly tailored and not result in discrimination against individuals who do not belong to the favored group. Violating the equal protection clause of the Fourteenth Amendment would make the affirmative action plan unconstitutional. A plan may be changed or eliminated once its goal has been accomplished.

Question 9

Bib replaces Chloe in her job at Data Market Corporation. To succeed with an age-discrimination claim against Data Market, 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 but was denied the opportunity because of her age. The fact that Bib replaced Chloe suggests that both employees are qualified for the job, making option B the correct choice. Option A implies that Bib is not qualified for the job, which is not relevant to the age-discrimination claim. Option C is also irrelevant because the qualifications for the job are not at issue, only the employer's discriminatory actions. Option D is not relevant because Chloe does not have to prove that no one else could do the job as well as she could, only that she was unfairly passed over for the position because of her age.

Question 10

Vero 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. Vero has had the job longer than other employees. Vero applies for a promotion to a supervisory position that requires constant communication with others in the field. Wind Power rejects the application on the ground that Vero is hearing impaired. Wind Power acknowledges that Vero is otherwise qualified, but asserts that it "needs someone who does not have a hearing problem." Vero 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 Vero is a repairperson for Wind Power...

Question 11

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 are all considered to have a disability under the Americans with Disabilities Act. The act defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Blindness, cancer, and cerebral palsy are all examples of impairments that can substantially limit major life activities. Therefore, all three individuals are protected under the ADA.

Question 12

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, both public and private, regardless of size or location, including U.S. employers operating in foreign countries. Therefore, the best choice is D, as it encompasses all the options given.

Quiz 21: Employment Discrimination