Question 1

Holly files an employment discrimination suit against Industrial Inc. under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, Holly must show in part that she was adversely affected by the employer's

Accepted Answer

To succeed in a disparate-impact theory case under Title VII of the Civil Rights Act, Holly must demonstrate that she was adversely affected by the employer's practice. This theory focuses on the effects of an employer's practices, rather than the intent behind them, showing that they disproportionately impact a protected group.

Question 2

Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

Accepted Answer

To establish a prima facie case of employment discrimination under the Civil Rights Act, Sara needs to show she is a member of a protected class, applied and was qualified for the job, and was rejected by the employer. There is no requirement to prove that other persons of her race hold similar positions with similar employers.

Question 3

Gil and Hera are employees of IT Solutions Inc. Under the Equal Pay Act, IT Solutions can legitimately pay different wages to male and female employees on the basis of

Accepted Answer

Merit is a legitimate basis for different wages under the Equal Pay Act, as it reflects differences in performance, skills, or qualifications, rather than gender.

Question 4

The Americans with Disabilities Act permits employers to take adverse employment actions based on assumptions about individuals who associate with people who have disabilities.

Accepted Answer

The Americans with Disabilities Act (ADA) prohibits discrimination against employees or job applicants based on their association with individuals with disabilities, preventing employers from taking adverse actions based on assumptions or biases related to these associations.

Question 5

Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is

Accepted Answer

Disparate-impact discrimination occurs when a neutral employment practice disproportionately affects members of a protected class, even if the employer did not intend to discriminate. Beal's situation, where the employment test unintentionally discriminates against a protected class, is an example of disparate-impact discrimination.

Question 6

Myra, a female, and Neil, a male, are employees of Operation Business Corporation. Myra regularly e-mails sexually explicit images via Operation's network to Neil, who finds the images offensive. This is most likely

Accepted Answer

This situation is most likely considered hostile work environment harassment because Myra's actions of sending sexually explicit images, which Neil finds offensive, create an intimidating, hostile, or offensive working environment for Neil.

Question 7

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely

Accepted Answer

This situation is most likely a constructive discharge because Laura felt compelled to quit due to the hostile work environment created by her supervisor's relentless teasing and tricks, making her working conditions intolerable.

Question 8

The Americans with Disabilities Act defines disability to include a physical or mental impairment that causes "undue hardship."

Accepted Answer

The Americans with Disabilities Act (ADA) defines a disability as a physical or mental impairment that substantially limits one or more major life activities, not as something that causes "undue hardship." "Undue hardship" refers to the accommodations employers may be required to make for disabled employees, and the term is used to describe the point at which accommodations become excessively costly or difficult.

Question 9

Under the Americans with Disabilities Act, employees with disabilities must reasonably accommodate the needs of their employers.

Accepted Answer

Under the Americans with Disabilities Act, employers must reasonably accommodate the needs of their employees with disabilities, not the other way around.

Question 10

Affirmative action programs are often found to be unconstitutional because they deprive members of protected classes of equal protection.

Accepted Answer

Affirmative action programs are designed to promote equal opportunity and diversity, often in education and employment. While some specific programs have faced legal challenges, the concept of affirmative action itself is not inherently unconstitutional. The U.S. Supreme Court has upheld the constitutionality of affirmative action in several cases, provided the programs are narrowly tailored to achieve the goal of diversity and do not use quotas.

Question 11

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of

Accepted Answer

Federal employment discrimination laws, such as Title VII of the Civil Rights Act of 1964, prohibit discrimination based on gender, among other protected characteristics like race, color, religion, and national origin. They do not restrict discrimination based on experience or education, as these can be legitimate factors for employment decisions.

Question 12

Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

Accepted Answer

Oren must show that he is a member of a protected class to establish a prima facie case of employment discrimination under the Civil Rights Act.

Question 13

Title VII of the Civil Rights Act applies to employers and labor unions with at least

Accepted Answer

Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees, as well as to labor unions and employment agencies, prohibiting discrimination in employment based on race, color, religion, sex, or national origin.

Question 14

Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of

Accepted Answer

To support a claim for discrimination under Title VII of the Civil Rights Act, an individual must be a member of a protected class, such as those defined by race, color, religion, sex, or national origin.

Question 15

A state does not have the inherent power to ban affirmative action within that state.

Accepted Answer

States have the power to ban affirmative action within their jurisdiction through legislative measures, referendums, or constitutional amendments, as long as such bans do not violate federal law or the U.S. Constitution.

Question 16

Vim applies for a job at Welding Inc. She passes a test to determine which applicants are eligible for hiring, but Welding discards the results, and Vim is rejected. To successfully defend against a claim for discrimination under Title VII of the Civil Rights Act, the employer must show that

Accepted Answer

The employer must demonstrate that the practice in question was justified by business necessity or related job requirements to successfully defend against a discrimination claim under Title VII. This means showing that the decision or practice was based on legitimate and non-discriminatory reasons.

Question 17

Compliance with Title VII of the Civil Rights Act is monitored by

Accepted Answer

The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing federal laws regarding discrimination against a job applicant or an employee in the United States because of the person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information. It was established by Title VII of the Civil Rights Act of 1964.

Question 18

Under the Uniformed Services Employment and Reemployment Rights Act, any person who has served in the military is entitled to more favorable treatment in the workplace than a co-worker who has not served.

Accepted Answer

The Uniformed Services Employment and Reemployment Rights Act (USERRA) ensures that persons who serve or have served in the Armed Forces, Reserve, National Guard, or other uniformed services are not disadvantaged in their civilian careers because of their service, are promptly reemployed in their civilian jobs upon return from duty, and are not discriminated against in employment based on past, present, or future military service. It does not mandate more favorable treatment, but rather equal treatment and protection against discrimination.

Question 19

Gino applies for a job with Hobby Company. The employer does not hire him because of his ethnicity, or national origin. This is

Accepted Answer

This is an example of disparate-treatment discrimination, where an individual is treated differently based on a protected characteristic, such as ethnicity or national origin.

Question 20

A business necessity is a defense against employment discrimination based on the genuine requirements of a business.

Accepted Answer

A business necessity defense is used in employment discrimination cases to justify a practice that may have a discriminatory effect but is related to job performance and is necessary for the operation of the business.

Quiz 33: Employment Immigration and Labor Law