Question 1

Reverse discrimination is ________.

Accepted Answer

Reverse discrimination refers to discrimination in favor of members of groups that have been previously discriminated against, such as minorities or women, at the expense of the dominant group. This is often seen in affirmative action programs that aim to provide opportunities to historically disadvantaged groups.

Question 2

Carla works as a secretary at a well-known law firm. Due to a bad blood transfusion, Carla is HIV positive but not yet symptomatic. When the firm was informed of this by the health insurance officials, she was fired from her job. This scenario depicts the violation of the ________.

Accepted Answer

The Americans with Disabilities Act of 1991 prohibits employers from discriminating against employees based on their disabilities, including HIV status. Carla was fired from her job solely because of her HIV status, which is a violation of this law.

Question 3

Section 504 of the Rehabilitation Act of 1973 prohibits ________.

Accepted Answer

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination by parties who administer programs receiving federal assistance. This includes any programs or activities that receive federal funding, such as schools, universities, and government agencies. The law requires such institutions to provide equal access and accommodations to individuals with disabilities.

Question 4

The Thirteenth Amendment granted former slaves all the rights and privileges of citizenship and guaranteed the equal protection of the law to all persons.

Accepted Answer

The Thirteenth Amendment abolished slavery and involuntary servitude, except as punishment for a crime, but it did not grant former slaves citizenship or guarantee equal protection under the law. Those rights were addressed in the Fourteenth Amendment.

Question 5

The Civil Rights Acts of 1866 and 1871 have specific provisions for remedies.

Accepted Answer

The answer of The Civil Rights Acts of 1866 and...

Question 6

Ted has been working as a security guard for a finance company for the past six months. He is in his mid-forties and was a substance abuser in his twenties. During employee verification, his history as an addict came to the attention of his employer. As a result, Ted was fired. This scenario depicts the violation of the ________.

Accepted Answer

Ted's history as a substance abuser in his twenties is considered a disability under the Americans with Disabilities Act of 1991 (ADA). Therefore, firing him solely based on his past addiction violates the ADA's prohibition against discrimination based on disability.

Question 7

The Civil Rights Act of 1871 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 1871, also known as the Ku Klux Klan Act, was designed to combat white supremacist groups and protect the civil and political rights of African Americans. While the Act did make it easier for individuals to file lawsuits against state officials who violated their constitutional rights, it did not specifically address contracts or equal benefits under the law.

Question 8

The Fifth Amendment states that no person may be deprived of life.

Accepted Answer

The Fifth Amendment to the United States Constitution states that no person may be deprived of life, liberty or property without due process of law.

Question 9

The Americans with Disabilities Act of 1991 requires employers to ________.

Accepted Answer

The Americans with Disabilities Act of 1991 (ADA) requires employers to make reasonable accommodations to the known disability unless the accommodation imposes an undue burden on the employer's business. This means that employers cannot discriminate against qualified individuals with disabilities in any aspect of employment, including hiring, firing, promotion, and compensation. However, accommodations must be reasonable and not impose an undue burden on the employer's business. The ADA does not require employers to hire applicants with disabilities regardless of their qualifications, nor does it require employers to make special accommodations that impose an extreme burden on the employer's business. The ADA also prohibits employers from rejecting applicants with mental disabilities, as this would be a form of discrimination.

Question 10

Any affirmative action plan that can withstand constitutional muster must ________.

Accepted Answer

Any affirmative action plan that can withstand constitutional muster must attempt to remedy past discrimination, without using quotas or preferences. The plan should aim to create a diverse workforce that reflects the composition of the community or society it serves, without unfairly disadvantaging any particular group. Decreasing the employment of minorities or decreasing the representation of women in the workforce is not an acceptable approach, and may be seen as discriminatory or retaliatory.

Question 11

A claim under the 1866 or 1871 Civil Rights Act cannot be added to a claim under another antidiscrimination statute.

Accepted Answer

The 1866 and 1871 Civil Rights Acts address different aspects of discrimination and can be used in conjunction with other antidiscrimination statutes to provide a broader base for legal claims. The 1866 Act primarily focuses on discrimination in contracts, while the 1871 Act (often referred to as the Ku Klux Klan Act) addresses civil rights violations by individuals acting under state authority. These can complement claims under more recent statutes like the Civil Rights Act of 1964.

Question 12

The Equal Pay Act of 1963 was an amendment to the Fair Labor Standards Act.

Accepted Answer

The Equal Pay Act of 1963 was indeed an amendment to the Fair Labor Standards Act. It was passed to prohibit gender-based wage discrimination in the workplace.

Question 13

Initially, the civil rights acts were interpreted very narrowly to prohibit discrimination based only on race.

Accepted Answer

The civil rights acts were initially interpreted to prohibit discrimination based only on race, but over time, the interpretation was expanded to include other protected categories such as gender, age, and disability.

Question 14

In all industrial democracies except the United States, workers are protected by law from unjust termination.

Accepted Answer

This is true. In most industrial democracies, there are laws in place that protect workers from being unjustly terminated. These laws generally require employers to have a valid reason for termination, such as poor performance or misconduct, and often require a disciplinary process or hearing before termination can take place. The United States, however, has a more at-will employment system, which means that employers can generally terminate employees without cause or justification, as long as it is not for a discriminatory reason.

Question 15

The first major civil rights act that was passed immediately after the Civil War was the Civil Rights Act of 1866.

Accepted Answer

The Civil Rights Act of 1866 was indeed the first major civil rights act passed after the Civil War.

Question 16

Which of the following statements is true with respect to determining a company's citizenship for the purpose of being covered by Title VII and the Age Discrimination in Employment Act of 1967?

Accepted Answer

No one factor is considered determinative since many factors are relevant. The determination of a company's citizenship for the purpose of being covered by Title VII and the Age Discrimination in Employment Act of 1967 is based on a variety of factors, including the location of the company's headquarters, where it is incorporated, where it conducts business, and the nationality of its employees and shareholders. No one factor is considered determinative since many factors are relevant.

Question 17

The implied covenant of good faith and fair dealing theory holds that every employment contract, except an unwritten one, contains an implicit understanding that the parties will deal fairly with one another.

Accepted Answer

The implied covenant of good faith and fair dealing applies to all contracts, including unwritten (oral) employment contracts, not just written ones. This principle assumes that the parties will act in good faith and deal fairly with each other in the execution of their contractual obligations.

Question 18

Which of the following is an affirmative action plan?

Accepted Answer

An affirmative action plan is a policy designed to increase employment or educational opportunities for groups that historically have been discriminated against, such as women, minorities, and individuals with disabilities. Therefore, decreasing the employment of the minority group or decreasing the representation of women in the workforce would not be part of an affirmative action plan. Increasing the employment of the majority group would also not be part of an affirmative action plan as the focus is on addressing historical discrimination against certain groups. The only option that meets the definition of an affirmative action plan is increasing the representation of women in the workforce.

Question 19

Which of the following groups of people usually raise claims for reverse discrimination?

Accepted Answer

White males are the group that usually raises claims for reverse discrimination. Reverse discrimination refers to discrimination against members of a dominant or majority group, in favor of members of a historically disadvantaged group. White males, who have historically held positions of power and privilege, may feel discriminated against when policies or practices are put in place to address historic inequalities and increase opportunities for minorities, women, and other marginalized groups.

Question 20

Which of the following is true of the Americans with Disabilities Act of 1991?

Accepted Answer

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

Quiz 21: Employment Discrimination