Question 1

Matching
-The primary remedy for employment discrimination.

Accepted Answer

Back pay is a primary remedy for employment discrimination, compensating the victim for lost wages due to discriminatory practices.

Question 2

Matching
-A plan that is designed to remedy racially discriminatory practices suffered in the past by mem-
bers of certain minority groups within 120 days of the beginning of the contract.

Accepted Answer

An Affirmative Action Plan is designed to remedy past discriminatory practices suffered by certain minority groups, typically within a certain time frame.

Question 3

Matching
-Employment practices which are neutral on their face in the treatment of different groups, but which
fall more heavily on one group than another and cannot be justified by business necessity.

Accepted Answer

Disparate impact refers to employment practices that appear to be neutral on their face but in fact, impact a certain group more heavily than others and cannot be justified by business necessity.

Question 4

An employer may be liable for racial harassment in the workplace.

Accepted Answer

Under Title VII of the Civil Rights Act of 1964, employers can be held liable for racial harassment in the workplace if they knew or should have known about the harassment and failed to take prompt and appropriate action to stop it.

Question 5

Matching
-A type of case in which the employer has both lawful and unlawful reasons for taking the adverse
employment action.

Accepted Answer

A mixed motives case occurs when an employer has a legitimate reason for an adverse employment action, but also has an unlawful reason such as discrimination.

Question 6

No claim can be made for reverse discrimination.

Accepted Answer

Reverse discrimination refers to the practice of giving preferential treatment to individuals or groups who have historically been disadvantaged or discriminated against, often at the expense of those who have not. While some argue that this practice can be justified as a means of correcting past injustices, others argue that it is unfair and runs counter to the principle of equal treatment under the law. Therefore, claims for reverse discrimination can and have been made in certain contexts.

Question 7

Disparate impact discrimination is intentional discrimination.

Accepted Answer

Disparate impact discrimination is not intentional discrimination. It refers to policies or practices that may not have been intended to discriminate but have the effect of disproportionately affecting certain groups. Intentional discrimination is known as disparate treatment discrimination.

Question 8

Title VII protects only minorities from discrimination.

Accepted Answer

Title VII of the Civil Rights Act protects individuals from discrimination based on race, color, religion, sex, and national origin. It is not limited to protecting only minorities.

Question 9

A bona fide seniority or merit system is a defense to a claim of race discrimination.

Accepted Answer

A bona fide seniority or merit system is exempt from Title VII of the Civil Rights Act of 1964 and therefore can be a valid defense to a claim of race discrimination.

Question 10

Matching
-Measuring the workplace for the representation of women and minorities in each of seven
employment categories, ranging from unskilled workers to management employees.

Accepted Answer

Measuring the workplace for representation of women and minorities in each employment category is called a workplace assessment.

Question 11

An employer generally may not rely on the bona fide occupational qualification ("BFOQ")
defense in a race discrimination case.

Accepted Answer

The BFOQ defense is very narrow and is only available in certain circumstances, such as when sex or religion is necessary for the job. It may not be used as a defense in a race discrimination case.

Question 12

Matching
-A pattern of discrimination against one general protected group.

Accepted Answer

Systemic disparate treatment refers to a pattern of discrimination against a particular protected group, rather than an individual case. This can be evidenced by statistical data or other methods of analyzing patterns of discrimination.

Answer: D
 Disparate treatment refers to treating an individual differently or less favorably because of their membership in a protected group, such as race or gender. This can be intentional or unintentional.

Answer: I
 Disparate impact refers to a neutral policy or practice that disproportionately affects a protected group, even if there was no intention to discriminate. This can also be evidenced by statistical data.

Answer: J
 Reverse discrimination refers to discrimination against a group that is not traditionally protected, such as white males, in order to promote diversity or affirmative action goals. This is controversial and often challenged in court.

Answer: F
 An Affirmative Action Plan is a set of policies and practices designed to promote diversity and equal opportunity in the workplace. This may include goals for hiring and promoting members of underrepresented groups, but must be done in a way that does not discriminate against others.

Note: The other choices listed are also important concepts related to employment discrimination, but do not match the description given.

Question 13

To prove a prima facie case of adverse impact racial discrimination, the plaintiff must demonstrate
that the employment practice adversely affects a protected group on the basis of race.

Accepted Answer

This statement accurately reflects the legal standard for proving a prima facie case of adverse impact racial discrimination. The plaintiff must show that the challenged employment practice results in a significant and unjustified disparity in the selection, placement, or promotion of members of a racial or ethnic group protected under Title VII of the Civil Rights Act of 1964. This can be accomplished through statistical evidence or other forms of evidence demonstrating the adverse impact on the protected group.

Question 14

Skin color cannot provide the basis for an employment decision, regardless of race.

Accepted Answer

The answer of Skin color cannot provide the basis for...

Question 15

Matching
-The theory that seeks to determine whether the employer deliberately treated the employee
bringing a claim of intentional discrimination differently from other employees because of his or
her membership in a protected class.

Accepted Answer

Individual disparate treatment refers to cases where an employee claims they were intentionally treated differently due to their membership in a protected class.

Question 16

Once the plaintiff in a mixed motives case proves race was a factor in the employment decision,
the employer cannot win.

Accepted Answer

Once the plaintiff in a mixed motives case proves race was a factor in the employment decision, the employer must prove that it would have made the same decision even if race had not been a factor.

Question 17

Matching
-Intentional discrimination against an individual because of his or her race.

Accepted Answer

Disparate treatment is intentional discrimination against an individual because of his or her race.

Answer: I 
 Disparate impact is unintentional discrimination that occurs when an employer's policy or practice has a disproportionately negative effect on a protected class.

Answer: J 
 Reverse discrimination refers to the practice of giving preferential treatment to individuals in a protected class (e.g., race, gender) at the expense of individuals not in that class. It is often controversial and can be the subject of legal disputes.

Question 18

Abuse, threats, slurs, jokes, and epithets that are based on race may constitute unlawful harassment
if they are sufficiently severe and pervasive to affect terms or conditions of employment.

Accepted Answer

Harassment based on race can be considered unlawful if it creates a hostile work environment that affects an employee's ability to do their job or otherwise interferes with the terms and conditions of employment.

Question 19

Matching
-Situations in which the employee feels discriminated against specifically because of a remedy applied by the court to redress wrongs found to have existed, or by an employer under an affir- mative action plan.

Accepted Answer

Reverse discrimination occurs when an employee feels discriminated against due to measures taken to correct past discrimination, such as those implemented through court-ordered remedies or affirmative action plans. This can lead to perceptions or claims of unfair treatment by individuals who feel they are being disadvantaged in favor of correcting historical injustices against other groups.

Question 20

Matching
-One defense to a race discrimination case.

Accepted Answer

Bona fide seniority or merit systems are a defense to race discrimination cases if they can prove that the employment decision was made in good faith based on factors such as seniority or merit.

Answer: A 
 Mixed motives defense is a defense to a race discrimination case if the employer can prove that the employment decision was based on legitimate non-discriminatory reasons.

Answer: D 
 Disparate treatment defense is a defense to a race discrimination case if the employer can prove that the employment decision was not based on race, but rather on legitimate non-discriminatory reasons such as qualifications or performance.

Answer: F 
 Affirmative Action Plans are a defense to race discrimination cases if they are properly designed and implemented to eliminate past discrimination and promote diversity.

Answer: J 
 Reverse discrimination is not a defense to a race discrimination case because it involves discrimination against individuals in the majority group, which is not protected by Title VII of the Civil Rights Act.

The other options (B, C, E, and I) are not defenses to race discrimination cases.

Quiz 10: Race and Color Discrimination

Matching -The primary remedy for employment discrimination.

Matching -A plan that is designed to remedy racially discriminatory practices suffered in the past by mem- bers of certain minority groups within 120 days of the beginning of the contract.

Matching -Employment practices which are neutral on their face in the treatment of different groups, but which fall more heavily on one group than another and cannot be justified by business necessity.

An employer may be liable for racial harassment in the workplace.

Matching -A type of case in which the employer has both lawful and unlawful reasons for taking the adverse employment action.

No claim can be made for reverse discrimination.

Disparate impact discrimination is intentional discrimination.

Title VII protects only minorities from discrimination.

A bona fide seniority or merit system is a defense to a claim of race discrimination.

Matching -Measuring the workplace for the representation of women and minorities in each of seven employment categories, ranging from unskilled workers to management employees.

An employer generally may not rely on the bona fide occupational qualification ("BFOQ") defense in a race discrimination case.

Matching -A pattern of discrimination against one general protected group.

To prove a prima facie case of adverse impact racial discrimination, the plaintiff must demonstrate that the employment practice adversely affects a protected group on the basis of race.

Skin color cannot provide the basis for an employment decision, regardless of race.

Matching -The theory that seeks to determine whether the employer deliberately treated the employee bringing a claim of intentional discrimination differently from other employees because of his or her membership in a protected class.

Once the plaintiff in a mixed motives case proves race was a factor in the employment decision, the employer cannot win.

Matching -Intentional discrimination against an individual because of his or her race.

Abuse, threats, slurs, jokes, and epithets that are based on race may constitute unlawful harassment if they are sufficiently severe and pervasive to affect terms or conditions of employment.

Matching -Situations in which the employee feels discriminated against specifically because of a remedy applied by the court to redress wrongs found to have existed, or by an employer under an affir- mative action plan.

Matching -One defense to a race discrimination case.