Question 1

How many days does a party have to file a charge with the federal EEOC if the aggrieved party is in a state that does not have a state EEOC?

Accepted Answer

In a state that does not have a state EEOC (Equal Employment Opportunity Commission), an aggrieved party has up to 180 days from the date of the alleged discriminatory act to file a charge with the federal EEOC.

Question 2

Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

Accepted Answer

When a plaintiff establishes a prima facie case in a disparate-treatment discrimination lawsuit, the burden of proof shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge. This is a key step in the legal process for such cases.

Question 3

If an employer has a typing speed and proficiency test to assess the skills of their applicant for a word processing specific job, this type of test is known as a(n) ________ test.

Accepted Answer

The answer of If an employer has a typing speed...

Question 4

How many employees must have to be subjected to Title VII of the Civil Rights Act?

Accepted Answer

Title VII of the Civil Rights Act applies to employers with 15 or more employees.

Question 5

________ is the difference between the amount of money the plaintiff earned since the discriminatory act and the amount of money she or he would have earned had the discriminatory act never occurred.

Accepted Answer

Back pay is the compensation awarded for the wages that an employee lost due to wrongful termination or discrimination by the employer. It is calculated from the date of the discriminatory act to the date of a judgment in favor of the employee.

Question 6

In order to prove disparate treatment employment discrimination under Title VII, what is the first showing a plaintiff must make?

Accepted Answer

The first step in proving disparate treatment under Title VII is for the plaintiff to demonstrate a prima facie case of discrimination. This involves showing that they belong to a protected class, were qualified for the job, suffered an adverse employment action, and that the job went to someone outside the protected class or that others not in the protected class were treated more favorably.

Question 7

In order for a plaintiff to bring a lawsuit under Title VII, they must

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. Being a member of a protected class is a requirement for bringing a lawsuit under Title VII. The other options listed are not requirements under Title VII.

Question 8

Under Title VII, which of the following statements is true regarding an award of attorney fees?

Accepted Answer

Under Title VII, attorney fees may be awarded to a successful plaintiff unless special circumstances would render such an award unjust. Additionally, if a plaintiff's action is deemed frivolous, unreasonable, or without foundation, a court may also award attorney fees to the prevailing defendant. This approach balances the need to encourage legitimate claims while deterring baseless lawsuits.

Question 9

In Title VII cases based on discrimination other than race, which of the following statements is true regarding caps on punitive damages?

Accepted Answer

Under Title VII, punitive damages are capped at $300,000 for employers with more than 500 employees.

Question 10

Which of the following measures a psychological trait needed to perform a job?

Accepted Answer

Construct validity measures how well a test or tool assesses a specific psychological trait or construct, which is essential for evaluating the capability to perform a job.

Question 11

When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

Accepted Answer

A plaintiff may request a right-to-sue letter from the EEOC at any time after 180 days have elapsed since the filing of the charge, allowing them to pursue their case in court if they do not wish to wait for the EEOC to complete its investigation.

Question 12

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class?

Accepted Answer

Disparate-impact cases involve situations where an employer's policies, while neutral on their face and applied to all employees equally, have a disproportionate adverse effect on members of a protected class. This contrasts with disparate-treatment cases, which involve direct discrimination against individuals based on their membership in a protected class.

Question 13

Barmin was notified by the EEOC that they have decided not to sue on his behalf in an action against Barmin's former employer. What would the EEOC provide Barmin with?

Accepted Answer

The EEOC would provide Barmin with a "right-to-sue letter," which allows him to file a lawsuit against his former employer in a court of law on his own behalf.

Question 14

Which of the following is not a protected category protected by Title VII?

Accepted Answer

Age is not protected under Title VII of the Civil Rights Act of 1964; it is protected under the Age Discrimination in Employment Act (ADEA).

Question 15

Tentino successfully won his discrimination suit against his company. Which of the following is not a remedy that is available to him under Title VII?

Accepted Answer

Under Title VII, remedies include court costs, attorney fees, compensatory damages, and punitive damages, but not specifically 3 years of backpay. The amount of backpay awarded is typically determined by the court and may not necessarily amount to 3 years.

Question 16

With regard to employee testing, ________ is the statistical relationship between test scores and objective criterion of job performance.

Accepted Answer

Criterion-related validity is the statistical relationship between test scores and objective criterion of job performance.

Question 17

Which of the following type of discrimination is sometimes called "unintentional discrimination" cases?

Accepted Answer

Disparate-impact cases refer to situations where policies, practices, rules, or other systems that appear to be neutral result in a disproportionate impact on a protected group. Unlike disparate treatment, which is intentional discrimination, disparate impact is often unintentional.

Question 18

What was the ruling of the U.S. Supreme Court in Oncale v. Sundowner Offshore Services, Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

Accepted Answer

The U.S. Supreme Court in Oncale v. Sundowner Offshore Services, Inc. ruled that same-sex harassment is actionable under Title VII, meaning that a claim can be made if the harassment occurs between members of the same sex. This decision recognizes that the law's protections against workplace harassment apply regardless of the gender of the harasser or the victim.

Question 19

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

Accepted Answer

An employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee if the employer is aware of the harassment and fails to take appropriate action to prevent it. This is because employers are responsible for providing a safe and harassment-free work environment, even when the harasser is not an employee.

Question 20

________ are not a type of entity that may be covered by Title VII.

Accepted Answer

The answer of ________ are not a type of entity...

Quiz 43: Employment Discrimination