Question 1

Since the passage of the Pregnancy Discrimination Act, employers with health or disability plans must:

Accepted Answer

Under the Pregnancy Discrimination Act, the Supreme Court ruled unlawful an employer's health insurance plan that covered the pregnancies of female employees but did not cover the pregnancies of male employees' wives.

Question 2

Under Title VII, sexual harassment:

Accepted Answer

Hostile work environment is a type of sexual harassment in which co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti. The Supreme Court in Meritor Savings Bank v. Vinson ruled that Title VII prohibits "an offensive or hostile working environment," even when no economic loss occurs. By so ruling, the Court acknowledged that the work environment itself is a condition of employment covered by Title VII.

Question 3

Which of the following is an example of "race norming"?

Accepted Answer

Race norming is the practice of setting two different cutoff test scores for employment based on race or one of the other Title VII categories.

Question 4

Making offensive remarks about looks, telling lewd jokes, or engaging in suggestive touching are all examples of:

Accepted Answer

Hostile work environment is a type of sexual harassment in which co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti.

Question 5

The _____ requirement means that federally contracting employers must hire members of these groups when there are fewer minority workers in a given job category than one could reasonably expect, considering their availability.

Accepted Answer

The affirmative action requirement means that federally contracting employers must actively recruit members of minority groups being underused in the workforce. That is, employers must hire members of these groups when there are fewer minority workers in a given job category than one could reasonably expect, considering their availability.

Question 6

Anna files a lawsuit against her employers on the grounds of hostile work environment. Ed, a black co-worker of Anna's, is interviewed by the EEOC to investigate Anna's claim. During the interview, Ed supports Anna's complaint, verifying each of her claims as being true. When management hears that Ed has cooperated with the EEOC and given damning testimony against the company, they transfer him to their facility at International Falls, MN. Ed's salary remains the same as does his job title. The standard of living in International Falls is much lower than where he lives now. Which of the following is true?

Accepted Answer

Retaliation is a type of discrimination. It is illegal for employers to retaliate against employees for making discrimination charges, giving testimony in a discrimination case, or in any way participating in a discrimination investigation.

Question 7

An employee must file charges of illegal discrimination with the EEOC within _____ days after the unlawful practice occurred.

Accepted Answer

An employee must file charges of illegal discrimination with the EEOC within 180 days after notice of the unlawful practice.

Question 8

With regard to employer provided health and disability plans:

Accepted Answer

If a woman undergoes an abortion, all other benefits provided for employees, such as sick leave, must be provided to her.

Question 9

Halle notices that there are unfair pay practices going on at her company wherein whites are being paid higher than African Americans for the same job. She files a complaint because she feels the company is not following the law. The company does not take kindly to the complaint. Halle is demoted, her staff has been taken away from her, and she is forced to take a salary cut. This is an example of:

Accepted Answer

Retaliation is a type of discrimination. It is illegal for employers to retaliate against employees for making discrimination charges, giving testimony in a discrimination case, or in any way participating in a discrimination investigation.

Question 10

Maria has filed a sexual harassment suit against her employer. She states in the suit that she is often subjected to jokes about her Hispanic heritage. She has also complained that the male employees are frequently staring at her and commenting on her figure in an offensive and provocative way. Maria's job evaluations have been excellent both before and after her complaints and she has received regular merit raises. Personally, she has trouble sleeping at night, has lost much of her appetite, and is often depressed due to harassment at work. Which of the following is true?

Accepted Answer

Hostile work environment is a type of sexual harassment in which co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti.

Question 11

Which of the following specifically prohibit the practice of race norming of employment tests?

Accepted Answer

The Civil Rights Act amendments of 1991 specifically prohibit the race norming of employment tests.

Question 12

Affirmative action:

Accepted Answer

The affirmative action requirement means that federally contracting employers must actively recruit members of minority groups being underused in the workforce.

Question 13

Discrimination in pay is allowed if:

Accepted Answer

Discrimination is allowed if it arises from a seniority system, a merit system, a piecework production system, or any factor other than sex.

Question 14

The Pregnancy Discrimination Act:

Accepted Answer

Coverage for abortion is not required by the Pregnancy Discrimination Act unless an employee carries to term and her life is endangered or she develops medical complications because of an abortion. The law covers unmarried as well as married pregnant women. The employer cannot specify how long a leave of absence must be taken after childbirth. If a woman undergoes an abortion, though, all other benefits provided for employees must be provided to her.

Question 15

With regard to the Equal Pay Act, courts have recognized that "equal" means:

Accepted Answer

Courts have recognized that equal does not mean identical; it means substantially equal.

Question 16

With respect to an employee's religious beliefs, an employer must:

Accepted Answer

Religious corporations can discriminate in all their employment practices on the basis of religion, but not on the basis of race, color, sex, or national origin. Other employers cannot discriminate on the basis of religion in employment practices, and they must make reasonable accommodation to the religious needs of their employees if it does not result in undue hardship to them.

Question 17

All of the following are steps an employer can take to address allegations of discrimination without triggering a retaliation claim EXCEPT:

Accepted Answer

An employer must never take adverse action against a complainant or witnesses, based on information obtained in the investigation.

Question 18

An airline has an opening for a pilot for its fleet of jumbo jets. It stipulates that the candidates applying for the job must be at least five feet ten inches tall. The airline states that the aircraft can be safely and efficiently operated only by persons who can easily reach all of the controls in the cockpit. Passenger safety is the prime concern of the airline, and pilots must be a certain height to operate the aircraft. In this case, height is a valid requirement, and using it does not violate the employment discrimination laws. This is an example of:

Accepted Answer

An employer can defeat a plaintiff's claim by proving the business necessity defense. This defense requires that the employer prove that the practices or policies used are job related and based on business necessity.

Question 19

The business necessity defense is a defense to suits:

Accepted Answer

In a disparate impact case, the plaintiff must prove that the employer's practices or policies had a discriminatory effect on a group protected by Title VII. The employer can defeat the plaintiff's claim by proving the business necessity defense. This defense requires that the employer prove that the practices or policies used are job related and based on business necessity.

Question 20

Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking him to go anywhere. Furthermore, Kathy 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 Mike sues the school for permitting Kathy's behavior:

Accepted Answer

Courts have ruled that an employer is liable to a plaintiff employee for a hostile working environment created by fellow employees only when the employer knows of the problem and fails to take prompt and reasonable steps to correct it, such as by moving the harassers away from the plaintiff employee.

Quiz 20: Discrimination in Employment