Question 1

The Americans with Disabilities Act applies to workplaces with at least

Accepted Answer

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

Question 2

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file

Accepted Answer

Beth can file a retaliation claim because Title VII of the Civil Rights Act prohibits employers from retaliating against employees for participating in investigations or proceedings related to discrimination or harassment. Demoting her for her participation would be considered retaliatory action.

Question 3

Dona, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on

Accepted Answer

The answer of Dona, a fifty-five-year-old member of a racial...

Question 4

Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries

Accepted Answer

Punitive damages can be awarded against a private employer in an employment discrimination suit under the Civil Rights Act if the employer acted with malice or with reckless indifference to the federally protected rights of an individual. The ability to pay, the size of the employer, or a blanket immunity from such damages are not relevant factors for the award of punitive damages in this context.

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 club can argue that being female is a bona fide occupational qualification (BFOQ) for the position, given that it exclusively serves female members and employs only female staff for privacy and comfort reasons.

Question 6

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 in all areas of public life, including jobs. Since Jon is a paraplegic and the refusal is based on his disability requiring accommodation, the ADA would be the relevant law under which he could seek recovery.

Question 7

Riverside Resort replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is

Accepted Answer

To establish a prima facie case under the Age Discrimination in Employment Act, Sharon must show that she is qualified for the position from which she was replaced. This is a fundamental requirement to argue that her termination was due to age discrimination rather than performance or qualifications.

Question 8

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is

Accepted Answer

The Americans with Disabilities Act (ADA) defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities. This definition is broad and inclusive, covering a wide range of conditions. Ivy's blindness, Jerold's cancer, and Kim's cerebral palsy all qualify as disabilities under the ADA because they substantially limit one or more major life activities.

Question 9

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

To succeed in a discrimination suit under the Americans with Disabilities Act, a job applicant must demonstrate that the reason for not being hired was solely because of a disability. This is a key requirement under the ADA, which aims to protect individuals with disabilities from discrimination in various aspects of employment.

Question 10

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 court is most likely to rule that the state is immune from the suit due to the doctrine of sovereign immunity, which generally protects states from being sued in federal court without their consent, especially in cases involving employment discrimination under federal statutes like the Age Discrimination in Employment Act.

Question 11

The Uniformed Services Employment and Reemployment Rights Act applies to

Accepted Answer

The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all public employers, all private employers, and U.S. employers operating in foreign countries. This means it covers virtually all employment contexts within the United States and for U.S. companies operating abroad, ensuring that individuals who serve or have served in the military are not disadvantaged in their civilian careers, and can return to their employment after their service.

Question 12

Metro Fabrication Inc. may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by

Accepted Answer

Metro Fabrication Inc. may be liable for the sexual harassment of an employee if the harassment was committed by a company supervisor and the company knew or should have known about the harassment but failed to take immediate and appropriate action to stop it.

Question 13

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 in an age-discrimination claim, Chloe must demonstrate that she was qualified for the job from which she was replaced. This is a foundational requirement to argue that her replacement was due to age discrimination rather than performance or qualifications.

Question 14

Kyla replaces Lomax in his job at Motor Corporation. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply

Accepted Answer

The Age Discrimination in Employment Act (ADEA) protects employees who are 40 years of age or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. Therefore, for the Act to apply to Lomax's situation, he must be forty years of age or older.

Question 15

Lisa brings a successful suit against her employer Mold & Die Corporation for employment discrimination. Lisa may be awarded

Accepted Answer

In cases of employment discrimination, courts can award a variety of remedies to the plaintiff if they win the case. These remedies can include back pay for wages lost due to the discrimination, retroactive promotions if the discrimination involved unfair denial of promotion, and damages, which can cover a range of non-economic harms such as emotional distress. Therefore, all the options listed - back pay, retroactive promotions, and damages - can be awarded to Lisa in her successful suit against her employer.

Question 16

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of

Accepted Answer

The answer of Under the Equal Pay Act, an employer...

Question 17

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover

Accepted Answer

Under the Civil Rights Act, if an employee proves that an employer acted with malice or reckless indifference, the employee may recover compensatory and punitive damages, but there are caps on the amount that can be awarded, making the damages limited.

Question 18

Emily, an employee of Farm Supplies Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by

Accepted Answer

The employer may be liable if it had effective harassment policies and complaint procedures that were not followed by Emily, the victim, assuming she did not utilize the procedures provided for addressing such complaints. Employers are generally expected to take reasonable steps to prevent and correct harassment in the workplace, including having clear policies and procedures for reporting harassment. If these were in place and not utilized by the victim, the employer might still be held liable for the actions of the supervisor, depending on the specifics of the case and jurisdiction.

Question 19

Olive is a supervisor for Pasta Garden, a restaurant. Qui is a Pasta Garden employee. The owner announces that some employees will be discharged. Olive tells Qui that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

Accepted Answer

This situation is an example of quid pro quo harassment, where Olive is offering a job benefit (a good performance review and a recommendation for a raise) in exchange for sexual favors from Qui.

Question 20

Inez files an employment discrimination suit against Jiffy Delivery Inc. under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes

Accepted Answer

Reinstatement is a common form of relief in employment discrimination suits, allowing the employee to return to their job. Other options like imprisonment and fines are not typical remedies under civil employment discrimination laws, and orders to close a business are extremely rare and not a direct remedy for individual discrimination claims.

Quiz 33: Employment Immigration and Labor Law