Question 1

A job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job is known as a bona fide occupational qualification.

Accepted Answer

A job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job is known as a bona fide occupational qualification (BFOQ). For example, if one were hiring an individual to hand out towels in a women's locker room, being a woman might be a BFOQ.

Question 2

Quid pro quo harassment occurs when some kind of benefit or punishment is made contingent on an employee's submitting to sexual advances.

Accepted Answer

Sexual harassment refers to unwelcome sexual advances. It can take place in two basic ways: quid pro quo and hostile working environment. Quid pro quo harassment occurs when some kind of benefit (or punishment)is made contingent on an employee's submitting (or not submitting)to sexual advances.

Question 3

In a prima facie disparate treatment case, the defendant in a disparate treatment case has the burden of proving that the plaintiff was wrong in suing him.

Accepted Answer

As in any legal case, the plaintiff in a disparate treatment case has the burden of proving that the defendant has committed an illegal act. This is the idea of a "prima facie" case.

Question 4

The National Labor Relations Board (NLRB)is a quasi-judicial agency.

Accepted Answer

Quasi-judicial agencies, such as the National Labor Relations Board (or NLRB, which is actually an arm of the executive branch, but serves a judicial function), hear cases regarding their particular jurisdictions (in the NLRB's case, disputes between unions and management).

Question 5

Each branch of the U.S. government (legislature, executive, and judiciary)has its own area of authority, and these areas do not overlap.

Accepted Answer

The U.S. Constitution established three major governing bodies: the legislative, executive, and judicial branches. The Constitution explicitly defines the roles and responsibilities of each of these branches. Each branch has its own areas of authority, but these areas have often overlapped, and the borders between the branches are often blurred.

Question 6

Individuals who feel they have been discriminated against must file a complaint with the EEOC at any time after the incident.

Accepted Answer

Individuals who feel they have been discriminated against must file a complaint with the EEOC or a similar state agency within 180 days of the incident. Failure to file a complaint within 180 days results in the case being dismissed immediately, with certain exceptions.

Question 7

Executive Order 11478 prohibits discrimination based on race, color, religion, sex, and national origin and applies only to federal contractors and subcontractors.

Accepted Answer

President Richard Nixon issued executive order 11478, which requires the federal government to base all its employment policies on merit and fitness, and specifies that race, color, sex, religion, and national origin should not be considered.

Question 8

In a mixed-motive case, the plaintiff acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

Accepted Answer

In a mixed-motive case, the defendant acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

Question 9

The standard deviation rule uses the mode of the distribution to determine disparate impact.

Accepted Answer

The standard deviation rule uses actual probability distributions to determine adverse impact. This analysis uses the difference between the expected representation (or hiring rates)for minority groups and the actual representation (or hiring rate)to determine whether the difference between these two values is greater than would occur by chance.

Question 10

The United States president has the power to veto any law passed by Congress.

Accepted Answer

The U.S. president has the power to veto any law passed by Congress, thus ensuring that few laws are passed without presidential approval-which allows the president to influence how laws are written.

Question 11

Under the four-fifths rule, disparate treatment occurs if the hiring rate of a minority group is less than 45 percent of the hiring rate for the majority group.

Accepted Answer

The four-fifths rule states that a test has disparate impact if the hiring rate for the minority group is less than four-fifths (or 80%)of the hiring rate for the majority group.

Question 12

Conditions such as obesity and substance abuse are covered under the Americans with Disabilities Act.

Accepted Answer

The Americans with Disabilities Act does not cover conditions such as obesity, substance abuse, eye and hair color, and lefthandedness.

Question 13

Reasonable accommodation simply requires an employer to refrain from committing discriminatory acts.

Accepted Answer

Rather than simply requiring an employer to refrain from some action, reasonable accommodation places a special obligation on an employer to affirmatively do something to accommodate an individual's disability or religion.

Question 14

Under disability claims, the plaintiff must show that he/she is a qualified applicant with a disability and that adverse action was taken by a covered entity.

Accepted Answer

Under disability claims, the plaintiff must show that she or he is a qualified applicant with a disability and that adverse action was taken by a covered entity. The employer's defense then depends on whether the decision was made without regard to the disability or in light of the disability.

Question 15

Title VII of the Civil Rights Act of 1964 provides that employers cannot retaliate against employees for opposing a perceived illegal employment practice.

Accepted Answer

Title VII of the Civil Rights Act of 1964 states that employers cannot retaliate against employees for either "opposing" a perceived illegal employment practice or "participating in a proceeding" related to an alleged illegal employment practice.

Question 16

Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on an individual's race, color, religion, sex, national origin, age, or disability status.

Accepted Answer

Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on the individual's race, color, religion, sex, national origin, age, or disability status.

Question 17

As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when a discriminatory compensation decision is adopted.

Accepted Answer

As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when (1)a discriminatory compensation decision is adopted; (2)an employee becomes subject to the decision; or (3)an employee is affected by its application, including each time compensation is paid.

Question 18

The benefits of the Pregnancy Discrimination Act are limited to married women who are pregnant.

Accepted Answer

As per the Pregnancy Discrimination Act, pregnancy-related benefits cannot be limited to married employees, and if an employer provides any benefits to workers on leave, they must provide the same benefits for those on leave for pregnancy-related conditions.

Question 19

Section 1982 of the Civil Rights Act granted all persons the same property rights as white citizens.

Accepted Answer

The Civil Rights Act passed in 1866 was later broken into two statutes. Section 1982 granted all persons the same property rights as white citizens. Section 1981 granted other rights, including the right to enter into and enforce contracts.

Question 20

The Equal Employment Opportunity Commission has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

Accepted Answer

An independent federal agency, the EEOC is responsible for enforcing most of the EEO laws, such as Title VII, the Equal Pay Act, and the Americans with Disabilities Act. The EEOC has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

Quiz 3: The Legal Environment: Equal Employment Opportunity and Safety