Question 1

Employers may put in place a "flexible" affirmative action program.

Accepted Answer

Employers may put in place a flexible affirmative action program as long as it still meets compliance with equal opportunity laws and regulations.

Question 2

Affirmative action programs often require extra pay to be given to minority workers compared to the white workers to do the same work.

Accepted Answer

Affirmative action programs do not require extra pay to be given to minority workers compared to white workers. Rather, they aim to provide equal opportunities and promote diversity through recruitment and hiring practices.

Question 3

If an older worker is fired instead of a worker under age 40, but the younger worker has more seniority on the job, the employer has not violated the Age Discrimination in Employment Act.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) prohibits discrimination based on age, but it does not prevent employers from making employment decisions based on factors like seniority, as long as age is not the determining factor.

Question 4

In a few situations, such as those involving personal privacy, an employer may discriminate on the basis of sex as a bona fide occupational qualification.

Accepted Answer

In certain situations, employers may discriminate on the basis of sex if it is considered a bona fide occupational qualification necessary for the job. This is allowed under Title VII of the Civil Rights Act of 1964, such as in cases where the job requires changing in a locker room separated by sex or providing intimate personal services like nursing or personal care. However, such discrimination must be reasonably necessary for the performance of the job, and the least discriminatory alternative must be chosen.

Question 5

Workers who win an age discrimination suit may not collect punitive damages.

Accepted Answer

This is because the Age Discrimination in Employment Act (ADEA) does not provide for punitive damages for age discrimination claims, only for compensatory damages such as lost wages or benefits.

Question 6

In cases of affirmative action, the courts have held that discrimination in favor of qualified women or minority workers may be legal.

Accepted Answer

The courts have upheld affirmative action programs that aim to increase diversity and representation of minority groups in workplaces and educational institutions by giving preferential treatment to qualified candidates from these groups. However, the extent to which such programs can be implemented and the criteria used to determine who qualifies for preferential treatment have been contested and subject to ongoing legal and political debates.

Question 7

Comparing the race and sex composition of a company's workforce to the relevant labor market is an aspect of affirmative action called underutilization analysis.

Accepted Answer

Underutilization analysis compares the race and sex composition of a company's workforce to the relevant labor market in order to identify any underrepresentation of protected groups and to develop plans to address any disparities.

Question 8

In cases of affirmative action, the courts have held that discrimination in favor of persons of certain religions may be legal.

Accepted Answer

Affirmative action typically pertains to measures taken to improve opportunities for historically underrepresented groups in areas such as employment and education, focusing on attributes like race, gender, or ethnicity, rather than religion. Discrimination based on religion is generally prohibited under laws such as the Civil Rights Act of 1964 in the United States.

Question 9

In Japan, female executives are more common than in the U.S., and usually are paid as much as men for equal work.

Accepted Answer

In Japan, female executives are less common than in the U.S., and the gender pay gap persists, with women often earning less than men for equal work.

Question 10

In a few situations, such as modeling clothing, an employer may discriminate on the basis of sex as a bona fide occupational qualification.

Accepted Answer

In some cases, such as modeling clothing specifically designed for one gender, an employer may require a specific sex as a qualification for the job. This is considered a bona fide occupational qualification and is not considered discriminatory under the law.

Question 11

Most European nations have tougher anti-discrimination in employment laws than does the U.S.

Accepted Answer

The answer of Most European nations have tougher anti-discrimination in...

Question 12

In U.S. v. Paradise the Supreme Court held that a court ordered affirmative action program that required the Alabama highway patrol to make sure that 25 percent of all employees at all ranks were African-Americans was too extreme.

Accepted Answer

In U.S. v. Paradise, the Supreme Court upheld the affirmative action program, finding that the 25 percent requirement was a necessary and appropriate remedy to address the systemic discrimination within the Alabama highway patrol.

Question 13

Employers may discriminate against persons over the age of 40, if there is a bona fide occupational qualification for a certain job that makes performance difficult for older people.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) allows employers to make employment decisions based on age if there is a legitimate occupational qualification that requires a certain age range. However, this exception is very narrow and closely scrutinized by courts.

Question 14

If a court finds that a worker suffered illegal discrimination in employment, in addition to back wages the worker may be granted artificial seniority.

Accepted Answer

In some cases, a court may order that a worker who suffered illegal discrimination in employment be granted artificial seniority in addition to back wages. This means that the worker is treated as having been employed for a longer period of time than they actually were, which can impact factors such as benefits, promotions, and layoffs. However, this remedy is not always granted and depends on the specific circumstances of the case.

Question 15

The awarding of back pay is not a remedy under Title VII.

Accepted Answer

The awarding of back pay is a possible remedy under Title VII. It is designed to compensate an employee for wages lost due to discrimination. Other remedies under Title VII may include injunctive relief, reinstatement, or compensatory damages.

Question 16

The Americans with Disabilities Act requires employers to have affirmative action programs for persons with disabilities.

Accepted Answer

The Americans with Disabilities Act does not require employers to have affirmative action programs for persons with disabilities. However, it does require employers to provide reasonable accommodations to enable qualified individuals with disabilities to perform the essential functions of a job.

Question 17

The Rehabilitation Act of 1973 requires employers to establish programs to help ex-convicts re-enter society.

Accepted Answer

The Rehabilitation Act of 1973 primarily focuses on prohibiting discrimination against individuals with disabilities in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. It does not specifically require employers to establish programs for ex-convicts.

Question 18

Under Title VII, workers discriminated against may collect punitive damages.

Accepted Answer

Title VII of the Civil Rights Act of 1964 allows for the recovery of punitive damages in cases of employment discrimination. Punitive damages are meant to punish the employer and deter similar behavior in the future. However, there are caps on the amount of punitive damages that can be awarded depending on the size of the employer.

Question 19

Affirmative action is largely based on an executive order of the President.

Accepted Answer

Affirmative action was initially established through an executive order signed by President Kennedy in 1961, and subsequent executive orders and court decisions have continued to shape and modify the policy.

Question 20

Affirmative action programs may be imposed on employers with 50 or more employees who do $50,000 or more business with the federal government.

Accepted Answer

This is the requirement set by the U.S. government under Executive Order 11246. Companies meeting these criteria are required to develop and implement affirmative action plans to ensure equal employment opportunities for minorities, women, and individuals with disabilities.

Quiz 16: Employment Discrimination