Question 1

An employee must file charges of illegal discrimination with the EEOC generally within _______ days of the adverse job action.

Accepted Answer

A) In most cases the claim must be filed within 180 days of the adverse action, although in EPA cases the standard is 180 days from knowledge of the adverse action.
A) In most cases the claim must be filed within 180 days of the adverse action, although in EPA cases the standard is 180 days from knowledge of the adverse action.
B) In most cases the claim must be filed within 180 days of the adverse action, although in EPA cases the standard is 180 days from knowledge of the adverse action.
C) In most cases the claim must be filed within 180 days of the adverse action, although in EPA cases the standard is 180 days from knowledge of the adverse action.

Question 2

Which of the following is not a protected class under the original Civil Rights Act of 1964?

Accepted Answer

A) Age is protected under other statutes but is not a Title VII recognized class.
B) Age is protected under other statutes but is not a Title VII recognized class.
C) Age is protected under other statutes but is not a Title VII recognized class.
D) Age is protected under other statutes but is not a Title VII recognized class.

Question 3

When the Age Discrimination in Employment Act is being applied,the substantially younger test generally says that the younger employee must be at least _______ years younger than the terminated employee claiming discrimination.

Accepted Answer

A) The federal courts have followed the general rule that the age difference must be
at least 10 years.
B) The federal courts have followed the general rule that the age difference must be at least 10 years.
C) The federal courts have followed the general rule that the age difference must be at least 10 years.
D) The federal courts have followed the general rule that the age difference must be at least 10 years.

Question 4

Title VII applies to private sector employers with

Accepted Answer

A) Title VII applies to private sector employers with 15 or more employees.
A) Title VII applies to private sector employers with 15 or more employees.
B) Title VII applies to private sector employers with 15 or more employees.
C) Title VII applies to private sector employers with 15 or more employees.

Question 5

The EEOC is a _______-member commission.

Accepted Answer

A) The EEOC consists of five members appointed by the president with the approval of the Senate.
A) The EEOC consists of five members appointed by the president with the approval of the Senate.
B) The EEOC consists of five members appointed by the president with the approval of the Senate.
C) The EEOC consists of five members appointed by the president with the approval of the Senate.

Question 6

Which of the following inclusions in an employment advertisement would likely not be considered discriminatory?

Accepted Answer

A) High school graduation does not imply a particular sex or age.
A) High school graduation does not imply a particular sex or age.
B) High school graduation does not imply a particular sex or age.
C) High school graduation does not imply a particular sex or age.

Question 7

The Americans with Disabilities Act applies to employers with _______ employees.

Accepted Answer

A) Only employers with 15 or more employees must provide accommodations to
disabled employees.
B) Only employers with 15 or more employees must provide accommodations to disabled employees.
C) Only employers with 15 or more employees must provide accommodations to disabled employees.
D) Only employers with 15 or more employees must provide accommodations to disabled employees.

Question 8

Which of the following is a neutral requirement that is likely to result in disparate impact?

Accepted Answer

A) A physical-strength test is likely to discriminate against certain classifications
unless it can be shown to be job-related and necessary.
A) A physical-strength test is likely to discriminate against certain classifications unless it can be shown to be job-related and necessary.
B) A physical-strength test is likely to discriminate against certain classifications unless it can be shown to be job-related and necessary.
C) A physical-strength test is likely to discriminate against certain classifications unless it can be shown to be job-related and necessary.

Question 9

In Diaz v.Pan Am World Airways,Inc.,the plaintiff was denied a job as a flight attendant because the airline had a policy of hiring only women as flight attendants.The court held that

Accepted Answer

A) Customer preference cannot be used as a bona fide occupational qualification.
D) Customer preference cannot be used as a bona fide occupational qualification.
E) Customer preference cannot be used as a bona fide occupational qualification.
F) Customer preference cannot be used as a bona fide occupational qualification.

Question 10

Angel is Hispanic and has applied for a job at Buckets Inc.Buckets Inc.has a workforce that is 45 percent Hispanic,35 percent black,and 20 percent white.This closely approximates the workforce available to Buckets.Angel is turned down for the job and is told that Buckets has too many Hispanics,so he couldn't be hired.He is a victim of

Accepted Answer

A) Angel was denied employment solely due to membership in a protected
classification, which constitutes disparate treatment.
A) Angel was denied employment solely due to membership in a protected classification, which constitutes disparate treatment.
B) Angel was denied employment solely due to membership in a protected classification, which constitutes disparate treatment.
C) Angel was denied employment solely due to membership in a protected classification, which constitutes disparate treatment.

Question 11

Which of the following would likely not be considered a major life activity supporting a disability claim?

Accepted Answer

A) Typing is not universal to all. Many go through life successfully without ever
typing proficiently.
A) Typing is not universal to all. Many go through life successfully without ever typing proficiently.
B) Typing is not universal to all. Many go through life successfully without ever typing proficiently.
C) Typing is not universal to all. Many go through life successfully without ever typing proficiently.

Question 12

The business necessity defense is a defense to

Accepted Answer

A) Business necessity is a defense used when a company's policy or procedure affects
a particular class, making disparate impact an issue.
A) Business necessity is a defense used when a company's policy or procedure affects a particular class, making disparate impact an issue.
B) Business necessity is a defense used when a company's policy or procedure affects a particular class, making disparate impact an issue.
C) Business necessity is a defense used when a company's policy or procedure affects a particular class, making disparate impact an issue.

Question 13

Martina and Dryson have applied for teaching positions in your school's accounting department.Martina is a recent graduate with her PhD in accounting and one published paper.She has no teaching experience except for classes taught as a teaching assistant during her PhD program.Dryson also has a PhD in accounting and has been teaching for five years at a major university.He has eight published papers.Both are hired as tenure track assistant professors and assigned two 101 courses and one 102 course.When Martina later discovers that Dryson's salary is $10,000 higher than hers,she is furious and files suit under the Equal Pay Act.Will she be successful?

Accepted Answer

A) Dryson is being paid more because of his superior qualifications coming into the job and not because of sex. If a prima facie case is established, the burden shifts to the employer to prove that the wage differential is justified by a preponderance of the evidence under one of four affirmative defenses: (1) a seniority system; (2) a merit system; (3) a system pegging earnings to quality or quantity of production; or (4) any factor other than sex.
J) Dryson is being paid more because of his superior qualifications coming into the job and not because of sex. If a prima facie case is established, the burden shifts to the employer to prove that the wage differential is justified by a preponderance of the evidence under one of four affirmative defenses: (1) a seniority system; (2) a merit system; (3) a system pegging earnings to quality or quantity of production; or (4) any factor other than sex.
K) Dryson is being paid more because of his superior qualifications coming into the job and not because of sex. If a prima facie case is established, the burden shifts to the employer to prove that the wage differential is justified by a preponderance of the evidence under one of four affirmative defenses: (1) a seniority system; (2) a merit system; (3) a system pegging earnings to quality or quantity of production; or (4) any factor other than sex.
L) Dryson is being paid more because of his superior qualifications coming into the job and not because of sex. If a prima facie case is established, the burden shifts to the employer to prove that the wage differential is justified by a preponderance of the evidence under one of four affirmative defenses: (1) a seniority system; (2) a merit system; (3) a system pegging earnings to quality or quantity of production; or (4) any factor other than sex.

Question 14

Your school's football coach has just been fired.When the athletic director informs him of the termination,he tells the coach that although he has had recent winning seasons,the inability to make it into postseason play and his inability to groom players for the pros has weighed prominently in the decision.The coach is also told that his recruiting has not been effective and that his fund-raising has been disappointing.The athletic director then tells him that his pretty-boy image makes him look too effeminate,he dresses like a nerd,and he doesn't portray the proper image of a head football coach desired by the school.The coach's best theory for pursuing a discrimination lawsuit is

Accepted Answer

A) Under mixed motives, an employee is protected under Title VII in a case where
legitimate motives were mixed with illegitimate motives if the employee proves the protected-class membership was a substantial factor in the decision-making process.
A) Under mixed motives, an employee is protected under Title VII in a case where legitimate motives were mixed with illegitimate motives if the employee proves the protected-class membership was a substantial factor in the decision-making process.

Question 15

In Samson v.Federal Express Corporation,Samson sued Federal Express under the ADA,claiming his job offer as a technician was withdrawn solely because he had failed his DOT medical examination because he had diabetes - a disqualifier for operating a motor vehicle in interstate commerce.What was the appellate court's ruling?

Accepted Answer

A) The trial court's ruling in favor of the employer was reversed because there was a genuine issue of fact as to whether test-driving was truly "essential" to the job of technician and remanded the case to a jury trial.
S) The trial court's ruling in favor of the employer was reversed because there was a genuine issue of fact as to whether test-driving was truly "essential" to the job of technician and remanded the case to a jury trial.
T) The trial court's ruling in favor of the employer was reversed because there was a genuine issue of fact as to whether test-driving was truly "essential" to the job of technician and remanded the case to a jury trial.
U) The trial court's ruling in favor of the employer was reversed because there was a genuine issue of fact as to whether test-driving was truly "essential" to the job of technician and remanded the case to a jury trial.

Question 16

Alessia has refereed high school and women's college soccer for 10 years.She is fit,knows the rules without question,and has always received excellent evaluations.When she applies to referee men's college games,the men's college referee administrator tells her that he can't use her because women won't get the players' respect and because the game looks more serious and acceptable with men refereeing.Alessia is the victim of

Accepted Answer

A) Alessia is being overtly and intentionally discriminated against based solely on
her gender, which makes this disparate treatment discrimination.
A) Alessia is being overtly and intentionally discriminated against based solely on her gender, which makes this disparate treatment discrimination.
B) Alessia is being overtly and intentionally discriminated against based solely on her gender, which makes this disparate treatment discrimination.
C) Alessia is being overtly and intentionally discriminated against based solely on her gender, which makes this disparate treatment discrimination.

Question 17

Torrin,a city policeman,is featured as Mr.August in the police charity calendar wearing only a pair of Speedos and a smile.Charlie is a fellow cop and a homosexual.Every opportunity that he has,Charlie brushes up against Torrin and asks if Torrin has ever been with a man.Charlie buys Torrin gifts and leaves them by Torrin's locker.Torrin throws the gifts away immediately.Torrin has asked Charlie to stop,but Charlie just laughs and says,"I'll get you someday." Torrin is and has always been a heterosexual.Torrin has complained to his superiors pursuant to department policy,but they claim it's just horseplay and not serious.If Torrin files a complaint with the EEOC

Accepted Answer

A) The courts do recognize same-gender harassment, and Charlie's actions are severe enough to create a case for hostile work environment harassment.
A) The courts do recognize same-gender harassment, and Charlie's actions are severe enough to create a case for hostile work environment harassment.
B) The courts do recognize same-gender harassment, and Charlie's actions are severe enough to create a case for hostile work environment harassment.
C) The courts do recognize same-gender harassment, and Charlie's actions are severe enough to create a case for hostile work environment harassment.

Question 18

The Equal Employment Opportunity Commission was created by

Accepted Answer

A) The EEOC was created in the Civil Rights Act of 1964 to monitor compliance
with the statute.
M) The EEOC was created in the Civil Rights Act of 1964 to monitor compliance with the statute.
N) The EEOC was created in the Civil Rights Act of 1964 to monitor compliance with the statute.
O) The EEOC was created in the Civil Rights Act of 1964 to monitor compliance with the statute.

Question 19

John and Amelia work for Dover Farm and Home Company.John and Amelia are caught one day stealing a tractor.The next day,John was given a verbal warning and Amelia was terminated.

Accepted Answer

A) It is highly likely that her sex played a part in her firing since she and John
committed the same offense.
G) It is highly likely that her sex played a part in her firing since she and John committed the same offense.
H) It is highly likely that her sex played a part in her firing since she and John committed the same offense.
I) It is highly likely that her sex played a part in her firing since she and John committed the same offense.

Question 20

Viro and Winona are both tenured associate professors in a school's English Department.Winona is constantly asking Viro out on dates,which he always refuses.He has asked her to stop.Furthermore,Winona is always making provocative comments to him,telling dirty jokes,and asking him about his preferences in women,which embarrasses him and has caused him to lose sleep.If Viro sues the school for permitting her behavior,

Accepted Answer

A) A man can bring a sexual harassment claim against a woman. As long as he made his superiors aware of the problem, he has a cause of action.
P) A man can bring a sexual harassment claim against a woman. As long as he made his superiors aware of the problem, he has a cause of action.
Q) A man can bring a sexual harassment claim against a woman. As long as he made his superiors aware of the problem, he has a cause of action.
R) A man can bring a sexual harassment claim against a woman. As long as he made his superiors aware of the problem, he has a cause of action.

Quiz 12: Employment Discrimination