Question 1

To prove sexual harassment,it is necessary to show that the harassment had tangible consequences such as demotion or termination.

Accepted Answer

In Burlington Industries v.Ellerth,the employee accused her supervisor of quid pro quo harassment.She said her boss propositioned and threatened her with demotion if she did not respond.He did not carry out the threats,and she was promoted.Therefore,in quid pro quo cases it is not necessary for the employee to suffer a tangible job action (such as a demotion) to win the case.

Question 2

Utilization analysis compares the percentage of minority employees at a firm with the number of similarly trained minorities available in the relevant labor market.

Accepted Answer

The process of comparing the percentage of minority employees in a job (or jobs) at the company with the number of similarly trained minority employees available in the relevant labor market is utilization analysis.

Question 3

The McDonnell-Douglas test is a procedure used by federal agencies to assess disparate impact.

Accepted Answer

Lawyers use the McDonnel-Douglas test for showing disparate treatment instead of disparate impact.The 4/5ths rule is used by federal agencies to assess disparate rejection rates.

Question 4

The Civil Rights Act of 1991 makes it more difficult for plaintiffs to sue for monetary damages in cases of disparate treatment.

Accepted Answer

CRA 1991 makes it easier to sue for money damages in cases of disparate treatment or intentional discrimination.CRA 1991 provides that an employee who is claiming intentional discrimination can ask for both compensatory damages and punitive damages.

Question 5

The Age Discrimination in Employment Act prohibits the use of age as a BFOQ for any type of employment.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) permits disparate treatment in those instances when age is a BFOQ.For example,age is a BFOQ when the Federal Aviation Agency sets a compulsory retirement age of 65 for commercial pilots or when actors need to be youthful or elderly to play specific roles.

Question 6

According to the ADA,firms must employ all disabled individuals who apply for positions and provide them with job training when necessary.

Accepted Answer

Employers are not required to employ all disabled job applicants.The ADA prohibits discrimination against qualified individuals-those who,with (or without) a reasonable accommodation,can carry out the essential functions of the job.The individual must have the requisite skills,educational background,and experience to do the job.

Question 7

Courts have ruled that educational qualifications are illegal when the qualifications are not job related.

Accepted Answer

Courts have found educational qualifications to be illegal when minority groups are less likely to possess the educational qualifications and such qualifications are also not job related.

Question 8

According to the Lilly Ledbetter Fair Pay Act,employees must file pay discrimination claims within 60 days after the alleged incident occurred or a claim cannot be filed.

Accepted Answer

The U.S.Supreme Court,in Ledbetter v.Goodyear Tire & Rubber Company,held that employees claiming Title VII pay discrimination must file their claims within 180 days of when they first receive the allegedly discriminatory pay.Congress then passed,and President Obama signed,the Lilly Ledbetter Fair Pay Act into law.Employees can now file such claims anytime,as long they're still receiving an "infected" paycheck.

Question 9

According to GINA,health insurers and employers are prohibited from discriminating based on people's genetic information.

Accepted Answer

The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination by health insurers and employers based on people's genetic information.Specifically,it prohibits the use of genetic information in employment,prohibits the intentional acquisition of genetic information about applicants and employees,and imposes strict confidentiality requirements.

Question 10

Under the Civil Rights Act of 1991,disparate impact claims require proof of discriminatory intent.

Accepted Answer

Disparate impact means that an employer engages in an employment practice or policy that has a greater adverse impact (effect) on the members of a protected group under Title VII than on other employees,regardless of intent.

Question 11

Alternative dispute resolution is a grievance procedure that provides for non-binding arbitration in employment discrimination claims.

Accepted Answer

Alternative dispute resolution or ADR programs are grievance procedures that provide binding arbitration in EEO lawsuits.

Question 12

Individuals diagnosed with HIV/AIDS are not protected from discrimination under the Americans with Disabilities Act,although legislation is being considered.

Accepted Answer

The ADA prohibits discrimination against people with HIV/AIDS.

Question 13

Shippers Express is accused of adverse impact on a protected group.80% of all male applicants are hired but only 50% of female applicants are hired.Using the formula for disparate rejection rates,adverse impact cannot be shown.

Accepted Answer

A selection rate for any racial,ethnic,or sex group which is less than four-fifths or 80% of the rate for the group with the highest rate will generally be regarded as evidence of adverse impact,while a greater than four-fifths rate will generally not be regarded as evidence of adverse impact.In this example,Shippers Express hires 80% of male applicants,but only 50% of female applicants.Four-fifths of 80% would be 64%.Since 50% is less than 64%,adverse impact exists.

Question 14

Mental disabilities,such as depression and anxiety disorders,account for the greatest number of claims brought under the ADA.

Accepted Answer

Mental disabilities account for the greatest number of ADA claims.Under EEOC ADA guidelines,"mental impairment" includes "any mental or psychological disorder,such as ...emotional or mental illness." Examples include major depression,anxiety disorders,and personality disorders.

Question 15

The Americans with Disabilities Act of 1990 does not list specific disabilities but provides impairment guidelines instead.

Accepted Answer

The ADA does not list specific disabilities.Instead,EEOC guidelines say someone is disabled when he or she has a physical or mental impairment that "substantially limits" one or more major life activities.Impairments include any physiological disorder or condition,cosmetic disfigurement,or anatomical loss affecting one or more of several body systems,or any mental or psychological disorder.

Question 16

The restricted policy approach involves demonstrating that an employer's hiring practices either intentionally or unintentionally exclude members of a protected group.

Accepted Answer

The restricted policy approach means demonstrating that the employer's policy intentionally or unintentionally excluded members of a protected group.Here the problem is usually obvious-such as policies against hiring bartenders less than six feet tall.Evidence of restricted policies such as these is enough to prove adverse impact and to expose an employer to litigation.

Question 17

Reserach indicates that more women than men find socio-sexual behaviors at work to be flattering rather than offensive.

Accepted Answer

A study found that about four times as many men as women who had experienced potentially harassment-type behaviors at work found the behavior flattering or benign. Women tend to view a broader range of socio-sexual behaviors (touching,for instance) as harassing.

Question 18

Under no circumstances may religion be used as a bona fide occupational qualification (BFOQ).

Accepted Answer

Religion may be a BFOQ in religious organizations or societies that require employees to share their particular religion.For example,religion may be a BFOQ when hiring persons to teach in a religious school.

Question 19

According to federal laws,asking job candidates about their marital status is not illegal; however,a firm needs to be able to defend the practice as a BFOQ to avoid raising discrimination issues.

Accepted Answer

It isn't illegal to ask a job candidate about her marital status although such a question might seem discriminatory.Employers can ask but they should be prepared to show either that they do not discriminate or that they can defend the practice as a BFOQ or business necessity.

Question 20

Employers frequently use a bona fide occupation qualification as a defense against charges of intentional discrimination based on gender rather than factors such as age or religion.

Accepted Answer

In most cases,employers use BFOQ as a defense against charges of intentional discrimination based on age.BFOQ is not a common defense in charges regarding religion or gender.

Quiz 2: Equal Opportunity and the Law