Question 1

Which of the following is the purpose of the Fourteenth Amendment?

Accepted Answer

The Fourteenth Amendment grants former slaves all the rights and privileges of citizenship and guarantees the equal protection of the law to all persons. This amendment was adopted after the Civil War to ensure that all individuals were treated equally under the law regardless of race. The other answer choices are not directly related to the purpose of the Fourteenth Amendment.

Question 2

Proving an employer's unlawful discriminatory motive in disparate treatment cases is referred to as ________.

Accepted Answer

Building a prima facie case is the process of presenting evidence to show that an employer acted with discriminatory intent or motive in a disparate treatment case. This evidence can include facts about the treatment of similarly situated employees who belong to a different protected class, comments made by the employer or decision-maker that demonstrate bias or stereotypes, or other circumstantial evidence that suggests discriminatory intent. Building a quid pro quo case is specific to sexual harassment cases, and building a pro bono case refers to providing legal services for free. Building a pro forma case refers to a case that is done as a matter of formality or requirement, without much effort or attention to detail.

Question 3

Which of the following statutes of the Civil Rights Act of 1964 is the most common basis for lawsuits premised on employment discrimination?

Accepted Answer

Title VII prohibits discrimination on the basis of race, color, religion, sex, or national origin in all employment practices, including hiring, firing, promotions, and compensation. It is the most commonly enforced provision of the Civil Rights Act in employment discrimination lawsuits.

Question 4

Which of the following is true of the Civil Rights Acts of 1866 and 1871?

Accepted Answer

The answer of Which of the following is true of...

Question 5

________ occurs when one individual is treated less favorably than another because of color, race, religion, sex, or national origin.

Accepted Answer

Disparate treatment occurs when an individual is treated less favorably than another based on their characteristics such as color, race, religion, sex, or national origin. It is a form of discrimination and violates anti-discrimination laws.

Question 6

Which of the following statements is true of the remedies for the Civil Rights Acts of 1866 and 1871?

Accepted Answer

The courts can order the defendant to pay the plaintiff's attorney's fees under both the Civil Rights Acts of 1866 and 1871. The acts themselves do not have specific provisions for remedies, and the courts can award compensatory and punitive damages to the plaintiff. Therefore, options A, B, and D are incorrect.

Question 7

________ of the Civil Rights Act of 1964 prohibits discrimination in hiring, firing, or other terms and conditions of employment on the basis of race, color, religion, sex, or national origin.

Accepted Answer

Title VII of the Civil Rights Act of 1964 specifically addresses employment discrimination based on race, color, religion, sex, or national origin. Title V pertains to electoral systems, Title VI applies to federally funded programs and activities, and Title VIII deals with fair housing practices.

Question 8

The ________ was designed to effectuate the Thirteenth Amendment and guarantees that all persons in the United States have the same right to make and enforce contracts and have full and equal benefit of the law.

Accepted Answer

The Civil Rights Act of 1866 was designed to effectuate the Thirteenth Amendment which abolished slavery and to ensure that all individuals have equal protection under the law. It prohibits discrimination in making and enforcing contracts, and guarantees all individuals the full and equal benefit of the law without discrimination based on race or ethnicity. The other options listed do not pertain to the Thirteenth Amendment or the guarantee of equal rights under the law.

Question 9

The Equal Pay Act of 1963 was enacted to prevent wage discrimination ________.

Accepted Answer

The Equal Pay Act of 1963 was specifically enacted to prevent wage discrimination based on sex within a business establishment.

Question 10

Which of the following is true of the Civil Rights Act of 1964?

Accepted Answer

The Civil Rights Act of 1964, particularly Title VII, covers Indian tribes, private clubs, unions, and employment agencies. Option A is incorrect as employers covered by Title VII should engage in a business that affects interstate commerce. Option B is also incorrect as recordkeeping and reporting requirements are indeed imposed on covered parties. Option C is falsified as records must be preserved during the investigation of an employment discrimination charge.

Question 11

To establish a case of discrimination based on ________, the plaintiff must first establish statistically that the rule disproportionately restricts employment opportunities for a protected class.

Accepted Answer

Disparate impact refers to a policy or practice that appears neutral on the surface but has a discriminatory effect on a particular group. To establish a case of discrimination based on disparate impact, the plaintiff must show statistical evidence that the policy or practice disproportionately affects a protected class.

Question 12

________ arise when a plaintiff attempts to establish that an employer's facially neutral employment policy or practice has a discriminatory effect on a protected class.

Accepted Answer

Disparate impact cases arise when a plaintiff attempts to prove that an employer's facially neutral employment policy or practice has an adverse impact on a protected class. This means that the policy or practice may not be intentionally discriminatory, but it disproportionately affects members of a particular protected class, such as a certain race or gender. This type of discrimination is prohibited under Title VII of the Civil Rights Act of 1964.

Question 13

The Civil Rights Act of 1871 prohibits ________.

Accepted Answer

The Civil Rights Act of 1871, also known as the Ku Klux Klan Act, was passed to protect African Americans from violence and discrimination by groups such as the Ku Klux Klan. It specifically prohibits discrimination by state and local governments on the basis of race and ethnicity. The other choices refer to different laws that address discrimination based on handicap, disability, and sex.

Question 14

Which of the following is used by an employee to support a claim that an implied contract of continued employment was in existence?

Accepted Answer

An employment manual specifying grounds for termination can be used as evidence to support a claim that an implied contract of continued employment exists between the employer and the employee. The manual can indicate that the employer can only terminate an employee for specific reasons and that it intends to adhere to those standards for all employees.

Question 15

________ is measured by the economic and social consequences that would result from a failure of the employee to perform the job duties in question.

Accepted Answer

Responsibility is the measure of economic and social consequences that would arise from an employee's failure to perform their job duties. This implies that the employee is accountable for their actions and the effects they have on the organization.

Question 16

Which of the following statutory exceptions found in the Bennet Amendment to the Equal Pay Act of 1963 presents the greatest problems?

Accepted Answer

The exception for wage differentials based on factors other than sex is the most subjective and open to interpretation. It can potentially be used to justify wage disparities that are not genuinely based on non-discriminatory factors. The other exceptions (seniority, quality or quantity of output, and merit) are more objective and less likely to be abused to justify unequal pay.

Question 17

Which of the following is true of the employment-at-will doctrine?

Accepted Answer

The employment-at-will doctrine allows an employer to terminate an employee at any time and for any reason, except for reasons prohibited by law (such as discrimination). This places the employer in a position to potentially treat employees arbitrarily. However, there are certain restrictions imposed by state and federal legislation, and changes in common law may also impact the doctrine. Therefore, both A, C, and D are untrue.

Question 18

Sally is a waitress at a popular coffee shop. Robert, her boss, has been making inappropriate sexual advances that make Sally uncomfortable. Recently, Robert threatened to fire Sally if she continued to refuse his sexual demands. Sally decides to file a sexual harassment case against her boss. In this scenario, it will be a ________.

Accepted Answer

The scenario describes quid pro quo sexual harassment, which occurs when a person in a position of power makes unwelcome sexual advances or requests in exchange for something (such as a job or promotion). Robert's threat to fire Sally if she did not comply with his demands is an example of this type of harassment.

Question 19

The ________ is an exception to the employment-at-will doctrine that makes it unlawful to dismiss an employee for taking certain actions in the public interest.

Accepted Answer

The public policy exception makes it illegal to terminate an employee for engaging in activities that serve the public interest, such as reporting illegal conduct or refusing to engage in illegal activities. This exception is recognized in most states and is a well-established limitation to the employment-at-will doctrine.

Question 20

Which of the following is a category under the protected classes?

Accepted Answer

The answer of Which of the following is a category...

Quiz 21: Employment Discrimination