Question 1

Marlene applied for a job as a travel agent.At the time,she was five months pregnant.Agnes,the manager told her that the company was very interested in hiring her because her references were excellent,but she should reapply after she had the baby and had found reliable day care.Marlene has no recourse under Title VII for gender discrimination.

Accepted Answer

Denying employment to a woman because of her pregnancy is a form of sex discrimination under Title VII of the Civil Rights Act. It is illegal for an employer to refuse to hire a woman because she is pregnant, might become pregnant or needs time off for pregnancy-related reasons as long as she is able to perform the essential functions of the job. In this scenario, Marlene should be able to file a complaint of pregnancy discrimination with the Equal Employment Opportunity Commission (EEOC).

Question 2

Spiffy Autobody,Inc.pays Eileen less than it pays Jose for doing the same job on the grounds that Jose has more seniority.Eileen does not have a claim under the Equal Pay Act.

Accepted Answer

The Equal Pay Act allows for pay differences based on seniority, so Eileen would not have a claim if the pay difference is due to Jose's greater seniority.

Question 3

The local T.V.station has an opening for evening sports caster.Yvonne,a recent graduate with a degree in broadcast journalism,applied for the job.She was told that they had to hire a man because the job required covering the local high school football teams and spending time in the locker rooms.Yvonne was not hired.

Accepted Answer

Yvonne has a valid claim for gender discrimination because BFOQ (bona fide occupational qualification) cannot be used as a defense in this case. The requirement to cover local high school football teams and spend time in locker rooms is not a genuine qualification for the job as interviews with players can take place outside the locker room. Therefore, the employer's decision not to hire Yvonne solely based on her gender is discriminatory.

Question 4

Employers can bar women from working in certain areas of the facility in order to guard against potential harm to an unborn fetus or to a female's reproductive organs without incurring liability for gender discrimination.

Accepted Answer

Employers cannot bar women from working in certain areas solely based on gender, as it would be considered gender discrimination. However, if there is a valid occupational requirement to protect an unborn fetus or reproductive organs (such as exposure to hazardous chemicals), the employer must seek alternative accommodations or protective measures for female employees.

Question 5

The terms equal pay and comparable worth are two different ways of expressing the same idea.

Accepted Answer

Equal pay refers to paying men and women the same wage for the same job, while comparable worth refers to ensuring that jobs that require comparable skills, education, and responsibility are paid equally regardless of gender. They have different meanings and goals.

Question 6

The Foggy Bottom Sheriff's Department requires all applicants for deputy sheriff to pass a pre-employment agility test.It requires that an applicant to do 30 sit-ups in one minute,25 pushups with no time limit,run 300 meters in 1 minute 11 seconds and drag a 165 pound dummy for a distance of 40 feet in 1 minute.Lisa McGregor fails the test.There are no female deputy sheriffs in the department.

Accepted Answer

The validity of an agility test depends on whether it is job-related and necessary. If the department can demonstrate that the test is necessary for performing the essential functions of the job and that the test is related to job performance, then Lisa does not have a valid claim for gender discrimination. The fact that there are no female deputy sheriffs in the department does not automatically make the test discriminatory. It is possible that there are no female deputy sheriffs because no woman has met the job requirements, not because of discrimination. The burden is on Lisa to show that the requirements of the test are discriminatory or that the test is not job-related and necessary.

Question 7

The Equal Pay Act,as codified in the Civil Rights Act of 1991 permits an employer to pay females less than males for the performance of jobs that require equal skill,effort and responsibility,provided that

Accepted Answer

The Equal Pay Act allows for pay differences if they are based on a seniority system, a merit system, or a piece work system, as these are considered legitimate, non-discriminatory reasons for pay disparities.

Question 8

Boyd Myers is CEO of Dogwood Enterprises.He is having an affair with Sandra Ralston,the company's Director of Manufacturing.The Vice-President of Manufacturing position became available and Carlton Mathews applied.Boyd gave the job to Sandra.

Accepted Answer

The answer of Boyd Myers is CEO of Dogwood Enterprises.He...

Question 9

Dahlia is a photography analyst.She reviews photographs for placement in a stock images catalog.Her male colleagues,who review photographs for placement in a stock images catalog,are image technicians.She complains that she is paid less for doing the same work as them.

Accepted Answer

The Equal Pay Act requires that employees be paid the same wage for jobs that require equal skill, effort, and responsibility, regardless of gender. If Dahlia can demonstrate that her job as a photography analyst requires the same level of skill, effort, and responsibility as her male colleagues' jobs as image technicians, she may prevail on an Equal Pay Act claim. Historic wage differences or length of service with the company do not legally justify gender-based wage discrimination. A claim under the Equal Pay Act does not require Dahlia to show that her job is more productive than her male colleagues' jobs or that her employer has been previously found liable under the act.

Question 10

Based on a case study in The American Journal of Forensic Psychiatry in which it was found that a jury would consider a female defense attorney as bolstering the credibility of a male defendant,John,a defendant in a case involving allegations of sexual harassment and rape insists that the firm of Elliot and Ness put a female attorney in charge of his criminal case.The firm has 11 attorneys (four female and 11 male).One of the male attorneys feels that he is more qualified to handle the case and objects to assigning a female attorney based on John's preference.If the law firm assigns a female attorney to John's case,it is

Accepted Answer

The answer of Based on a case study in The...

Question 11

Stephanie is transgendered.Prior to becoming a woman,she was employed in the accounting department at Wright Brothers,LLC.She was fired after reporting to work dressed as a woman.

Accepted Answer

The answer of Stephanie is transgendered.Prior to becoming a woman,she...

Question 12

Corinna is a sales representative for The Word Was Good,a distributor of religious books.Corinna lives with her boyfriend.She is pregnant.Her sales manager tells her that she cannot keep her job because having an unwed pregnant sales representative,and,later on,an unwed mother,is bad for The Word's image.Corrina feels that her employer's action is discriminatory.

Accepted Answer

Corrina can bring a case of gender plus discrimination under Title VII because she is being discriminated against based on her sex (pregnancy and motherhood), which is a form of gender discrimination. The fact that she is unwed does not change that.

Question 13

It is not discriminatory for employers to cover the cost of erectile dysfunction medication in their health plans,while denying coverage for female contraceptive medication,because the former is a medical condition,whereas the latter is a life-style choice.

Accepted Answer

This statement is false and perpetuates gender discrimination. Both erectile dysfunction and contraceptive medication should be treated as medical conditions and provided equal coverage in employer health plans. Deciding whether a medical condition is a "lifestyle choice" is subjective and can lead to unequal and unfair treatment.

Question 14

Deirdre is a zookeeper.She has a bachelor's degree in wildlife biology.She has been working at the African Adventure Wildlife Park and Refuge for fifteen years.About six years ago,she realized that she was being paid less than eight of the other twenty zookeepers at African Adventure.One of the eight male zookeepers has a bachelor's degree in zoology.Five of the male zookeepers have associate of arts degrees in animal care and two learned on the job after starting as volunteers.All zookeepers perform roughly the same duties but for different types of animals.She complained to management,which did a study of zoo keeper pay at African Adventure but did not change her salary.If Deirdre files a complaint under the Equal Pay Act,she can

Accepted Answer

Deirdre can show that African Adventure Wildlife Park and Refuge committed a reckless violation of the Equal Pay Act by failing to adjust her pay to be equal to that of the male zookeepers who perform the same duties but with different animal types. The fact that Deirdre has a bachelor's degree in wildlife biology and the male zookeeper has a degree in zoology or that African Wildlife didn't recognize the importance of Deirdre's degree is not relevant because all the zookeepers perform roughly the same duties. Additionally, Deirdre does not need to prove that African Adventure Wildlife Park and Refuge had an intention to discriminate on the basis of gender, but only that there is a pay disparity between male and female zookeepers who perform the same duties.

Question 15

Whenever the duties of the job require close contact between the employee and the customer,an employer can assert the Bona Fide Occupational Qualification (BFOQ)defense to allegations of gender discrimination.

Accepted Answer

The answer of Whenever the duties of the job require...

Question 16

Conrad Parker owns Inner Serenity Salon and Day Spa.He also sells a line of cosmetics called Conrad Parker.Conrad requires all makeup artists to wear black.The men must wear black pants and black T-shirts.The women must wear black skirts,black sweaters and high heeled shoes.Conrad believes that the makeup sells better if the females are dressed in a feminine way.He fired Selena for wearing pants to work.She will win her gender discrimination lawsuit.

Accepted Answer

The answer of Conrad Parker owns Inner Serenity Salon and...

Question 17

When an employer requires all its female employees to dress femininely,the jobs held by those employees are called "pink-collar" jobs.

Accepted Answer

Pink-collar jobs refer to low-paying jobs traditionally held by women, such as clerical, nursing, or service industry roles. It is not related to dress code requirements.

Question 18

Under the Equal Pay Act,the content of the job,rather than the job title or description,determines the comparison of whether two jobs are substantially the same.

Accepted Answer

This is true. The Equal Pay Act requires equal pay for equal work, which means that jobs that require equal skill, effort, and responsibility should be paid the same regardless of job titles or descriptions. The content of the job is the determining factor in deciding whether two jobs are equal.

Question 19

A 270-pound woman who lost a promotion to a woman who was "thinner and cuter," can make a case for gender discrimination under Title VII because overweight women are routinely discriminated against in the workplace.

Accepted Answer

The answer of A 270-pound woman who lost a promotion...

Question 20

Women who are excluded from positions based on height and weight requirements can prove discrimination

Accepted Answer

Height and weight requirements may be permissible if they can be proven to be directly correlated to the ability to perform the job. This correlation must be proven by the employer, and if it cannot be proven or if there is evidence of discriminatory motive behind the policy, women who are excluded based on height and weight requirements can prove discrimination. The fact that the requirements also screen out some men does not negate the possibility of discrimination against women.

Quiz 7: National Origin Discrimination