Question 1

Federal laws concerning discrimination expressly preempt state laws and prohibit states from imposing additional obligations and legal responsibilities on employers not covered under the federal statutes.

Accepted Answer

Federal anti-discrimination laws set minimum standards, but states can enact laws providing additional protections or imposing more obligations on employers beyond those covered under federal statutes.

Question 2

A person must exhibit some sort of distinctive physical characteristic,obvious to a neutral observer,in order to be considered disabled.

Accepted Answer

This statement is false. While some disabilities may have visible physical characteristics, many disabilities are not visible and cannot be determined by simply observing a person's appearance. Disabilities can include conditions such as chronic pain, mental illness, and learning disabilities, which may not have distinct physical characteristics. It is important to recognize and accommodate all disabilities, regardless of their visibility.

Question 3

Emmanuelle has been the subject of intense and continuous hostile environment sexual harassment over a period of months.If she quits before filing a complaint with the EEOC,she forfeits the right to file the complaint and seek damages.

Accepted Answer

Emmanuelle is not required to file a complaint with the EEOC before quitting in order to later seek damages for hostile environment sexual harassment. While filing a complaint with the EEOC is one way to address the issue, Emmanuelle can also pursue legal action without first filing a complaint, as long as she does so within the applicable statute of limitations.

Question 4

The Equal Pay Act was written to prohibit racial discrimination in pay.

Accepted Answer

The Equal Pay Act was actually written to prohibit gender-based discrimination in pay. It was signed into law by President John F. Kennedy in 1963 and aimed to ensure that men and women were paid equally for doing the same job. It did not address racial discrimination specifically, although it was later amended to cover discrimination based on race, ethnicity, and other factors.

Question 5

After conducting an investigation of a discrimination claim,if discrimination is found,the EEOC may immediately file suit on behalf of the aggrieved employee.

Accepted Answer

The EEOC must first attempt to resolve the claim through conciliation and obtain a right-to-sue letter from the aggrieved employee before filing a lawsuit on their behalf.

Question 6

Affirmative action programs are designed to remedy an actual past practice of discrimination.

Accepted Answer

Affirmative action programs are explicitly designed to address and compensate for past discrimination against marginalized groups in employment, education, and other areas of society. These programs aim to ensure that qualified individuals belonging to historically disadvantaged groups have equal opportunities and representation in various fields.

Question 7

Every time Trevon passes Sasha in the office he rubs against her.Sometimes he walks up behind her and massages her shoulders even though she has told him not to.Lately he's been pinching her butt when no one is watching.Trevon is committing quid pro quo sexual harassment.

Accepted Answer

Trevon's actions describe a case of hostile work environment harassment, not quid pro quo sexual harassment. Quid pro quo involves a demand for sexual favors in exchange for job benefits, whereas hostile work environment harassment involves unwelcome sexual conduct that creates an intimidating, hostile, or offensive work environment.

Question 8

Affirmative action sets and requires quotas in order to meet racial and sexual equality.

Accepted Answer

Affirmative action aims to increase opportunities for historically disadvantaged groups, but it does not necessarily require the use of quotas. Quotas can be controversial and have been challenged in court cases, and many affirmative action programs instead use flexible guidelines or goals to promote diversity and equal access.

Question 9

State and local affirmative action plans in regard to race- or gender-based preferences in the hiring of government contractors are subject to strict scrutiny.

Accepted Answer

State and local affirmative action plans in regard to race- or gender-based preferences in the hiring of government contractors are subject to strict scrutiny as per the Supreme Court ruling in Adarand Constructors, Inc. v. Peña (1995). Strict scrutiny is the most rigorous form of judicial review applied to laws or policies that potentially violate constitutional rights or protections.

Question 10

Intent to discriminate must be proved for a disparate impact case to be successful.

Accepted Answer

Intent to discriminate is not necessarily required to prove a disparate impact case. Disparate impact occurs when a seemingly neutral policy or practice disproportionately affects a certain group of people, regardless of whether the discrimination was intentional or not. However, intent can be important in certain cases where a defendant can prove that their policy was necessary for a legitimate business purpose and no alternative approach would be equally effective.

Question 11

A plaintiff need not be in a minority within a protected class to be covered under Title VII.

Accepted Answer

Title VII protects all individuals from discrimination based on their race, color, religion, sex, or national origin, regardless of whether they are in a minority within their protected class. This means that a plaintiff can bring a claim of discrimination even if they are a member of the dominant race, religion, or gender within their workplace or industry.

Question 12

The Equal Employment Opportunity Commission enjoys rulemaking as well as enforcement powers.

Accepted Answer

The Equal Employment Opportunity Commission (EEOC) is authorized to issue regulations and guidelines relating to employment discrimination and to undertake enforcement actions against employers who violate the law. Therefore, the statement that "The Equal Employment Opportunity Commission enjoys rulemaking as well as enforcement powers" is true.

Question 13

If the plaintiff proves her or his prima facie case under the McDonnell Douglas standard,the burden of proof shifts to the defendant to evidence a legitimate and nondiscriminatory reason for the discriminatory action.

Accepted Answer

This statement accurately reflects the burden-shifting framework established by the McDonnell Douglas standard in employment discrimination cases. Once the plaintiff establishes a prima facie case, the burden of proof shifts to the defendant to provide a legitimate, non-discriminatory reason for their actions.

Question 14

The Americans with Disabilities Act defines a disability as being a physical impairment and does not include or protect employees regarding mental impairments.

Accepted Answer

The Americans with Disabilities Act (ADA) does include mental impairments as a type of disability and provides protections against discrimination in the workplace based on these impairments.

Question 15

The most common form of sexual harassment is quid pro quo harassment.

Accepted Answer

The most common form of sexual harassment is actually hostile work environment harassment, where the work environment becomes intimidating, hostile, or offensive due to ongoing and pervasive sexual harassment. Quid pro quo harassment involves a person in a position of power offering or implying that an employment benefit will be given in exchange for sexual favors.

Question 16

It may not be discriminatory to require that persons in a protected class,in certain instances,be afforded special rights.

Accepted Answer

This is true under certain circumstances. Affirmative action programs, for example, may require that certain protected classes receive special treatment in order to address past discrimination and ensure equal opportunities for all. However, any such special treatment must be narrowly-tailored and not unduly burdensome or discriminatory towards other groups.

Question 17

Under the Age Discrimination in Employment Act,substantially younger is not defined,but many courts follow the general rule that the age difference must be 10 years in order to qualify as substantially younger.

Accepted Answer

Many courts generally follow the rule that the age difference must be 10 years to qualify as substantially younger under the Age Discrimination in Employment Act.

Question 18

Under the Age Discrimination in Employment Act,to maintain a valid claim,the replacement employee must be substantially younger than the terminated employee and must be a member of a recognized protected class.

Accepted Answer

The statement is incorrect. Under the Age Discrimination in Employment Act, the replacement employee does not need to be a member of a recognized protected class. The only requirement is that the replacement employee must be substantially younger than the terminated employee.

Question 19

A successful Age Discrimination in Employment Act suit requires that the plaintiff affirmatively prove that age was the direct reason for the adverse employment action suffered.

Accepted Answer

The answer of A successful Age Discrimination in Employment Act...

Question 20

Disparate impact claims under the Age Discrimination in Employment Act do not require that the employer prove a business necessity in order to defend its actions.

Accepted Answer

Under the Age Discrimination in Employment Act (ADEA), employers are not required to prove business necessity to defend against disparate impact claims, unlike under Title VII of the Civil Rights Act.

Quiz 12: Employment Discrimination