Question 1

There is only one broad type of discrimination under the Civil Rights Act.

Accepted Answer

The Civil Rights Act prohibits discrimination based on a variety of protected characteristics, including race, color, national origin, religion, sex, and disability.

Question 2

Retaliation occurs in a situation where the organization takes an "adverse employment action" against an employee because the employee brought discrimination charges against the organization.

Accepted Answer

Retaliation occurs when an employer takes an adverse employment action against an employee in response to the employee's actions, such as filing a discrimination complaint or participating in a workplace investigation. This is prohibited under anti-discrimination laws.

Question 3

The BFOQ argument is always legally defensible.

Accepted Answer

While the BFOQ (Bona Fide Occupational Qualification) defense is available in certain circumstances, it is not always legally defensible. The employer must demonstrate that the qualification they are seeking is necessary for the job in question and that there are no less discriminatory alternatives available. Additionally, the BFOQ defense is limited to specific characteristics such as sex, religion, and national origin, and cannot be used to discriminate based on age or disability. If an employer uses the BFOQ defense in an unjustified or discriminatory way, they could still face legal consequences.

Question 4

Race quotas are legal in hiring.

Accepted Answer

Race quotas are not legal in hiring according to federal law. Employers are not allowed to use race as the sole factor in hiring decisions. However, affirmative action programs can consider race as one of many factors in diversifying their workforce.

Question 5

Business necessity arguments are specifically prohibited as a defense to disparate treatment cases.

Accepted Answer

The answer of Business necessity arguments are specifically prohibited as...

Question 6

Punitive damages are meant to discourage employers from intentionally discriminating by providing for payments to the plaintiff beyond the actual damages suffered.

Accepted Answer

Punitive damages are designed to punish the employer for intentional discriminatory actions and provide a deterrent against future discrimination. They are awarded in addition to compensatory damages to address the harm caused by the discrimination.

Question 7

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion.

Accepted Answer

Title VII of the Civil Rights Act of 1964 specifically prohibits discrimination based on religion, as well as race, color, national origin, and sex.

Question 8

The Equal Pay Act stipulates "differences" that are legally allowable to justify pay inequality.

Accepted Answer

The Equal Pay Act allows for differences in seniority, merit, productivity, and working conditions to be used as legally allowable justifications for pay inequality.

Question 9

Purchasing equipment for an employee to perform their job is a form of a reasonable accommodation.

Accepted Answer

Providing equipment necessary for an employee with a disability to perform their job is a common form of reasonable accommodation under the Americans with Disabilities Act (ADA).

Question 10

Sexual harassment involves welcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature..

Accepted Answer

Sexual harassment involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Question 11

The ADEA (Age Discrimination in Employment Act) prohibits discrimination against employees over 65 years of age.

Accepted Answer

The ADEA prohibits discrimination against employees who are 40 years of age or older, not just those over 65 years of age.

Question 12

Hostile environment harassment occurs when some type of benefit or punishment is made contingent upon the employee submitting to sexual advances.

Accepted Answer

Hostile environment harassment involves unwelcome conduct that creates an intimidating, hostile, or offensive work environment, not contingent on submission to sexual advances. The latter describes quid pro quo harassment.

Question 13

Hostile work environment harassment occurs when someone's behavior at work creates an environment that is sexual in nature and that makes it difficult for someone of a particular sex to work in that environment.

Accepted Answer

The answer of Hostile work environment harassment occurs when someone's...

Question 14

Business necessity arguments must be combined with a test for job relatedness in order to be legally defensible.

Accepted Answer

Business necessity arguments alone are not enough to defend against claims of discrimination. Employers must also demonstrate that their requirements or practices are directly related to the job in question. This is known as the test for job relatedness.

Question 15

When an employee is put under such extreme pressure by management that continued employment becomes intolerable and, as a result, the employee quits or resigns from the organization, it is called constructive discharge.

Accepted Answer

Constructive discharge occurs when an employee feels forced to resign because the working conditions have become intolerable due to the actions of the employer.

Question 16

The Vietnam Era Veterans Readjustment Assistance Act applies to all veterans.

Accepted Answer

The Vietnam Era Veterans Readjustment Assistance Act specifically applies to veterans who served during the Vietnam era, not to all veterans.

Question 17

Diversity programs are a series of policies, programs, and initiatives that have been instituted by various entities within both government and the private sector that are designed to prefer hiring of individuals from protected groups in certain circumstances in an attempt to mitigate past discrimination.

Accepted Answer

The answer of Diversity programs are a series of policies,...

Question 18

The organization (the employer) never has a legally defensible argument in discrimination cases.

Accepted Answer

While discrimination cases can be difficult to defend, there may be circumstances where an employer has a valid defense, such as a legitimate business reason for a particular employment decision. However, it is important for employers to have clear and consistent policies in place to help prevent discrimination and to respond promptly and appropriately if discrimination allegations arise.

Question 19

A Right-To-Sue notice from the EEOC gives the recipient the right to go directly to the courts with the complaint

Accepted Answer

A Right-To-Sue notice from the EEOC gives the recipient the right to file a lawsuit in federal court regarding their discrimination complaint without going through the administrative process first.

Question 20

Any victim of EEO violations can bring federal charges against an employer alleging a pattern or practice of discrimination.

Accepted Answer

Only the U.S. Equal Employment Opportunity Commission (EEOC) or the U.S. Department of Justice can bring a lawsuit alleging a pattern or practice of discrimination against an employer. Individual victims can file a charge with the EEOC, but they cannot themselves bring federal pattern-or-practice charges.

Quiz 3: The Legal Environment and Diversity Management