Question 1

The Equal Pay Act and other federal laws prohibit employers from engaging in gender-based wage discrimination.

Accepted Answer

The Equal Pay Act and other federal laws, such as Title VII of the Civil Rights Act of 1964, prohibit employers from engaging in gender-based wage discrimination.

Question 2

When the harassment of co-workers creates a hostile working environment, an employee may have a cause of action against an employer.

Accepted Answer

A hostile work environment is created when the harassment or discriminatory behavior by co-workers or supervisors is severe or pervasive enough to make the workplace intolerable for the victim. The law protects employees from this type of harassment and employers can be held liable for failing to prevent or address it.

Question 3

Most employers can treat their employees more or less favorably based on their religious beliefs or practices.

Accepted Answer

Employers are prohibited from discriminating against employees based on their religion under Title VII of the Civil Rights Act of 1964. Employers must provide reasonable accommodations for an employee's religious beliefs or practices as long as it does not cause an undue hardship for the employer.

Question 4

The Civil Rights Act of 1964 prohibits job discrimination on the basis of merit.

Accepted Answer

The Civil Rights Act of 1964 prohibits job discrimination on the basis of race, color, religion, sex, or national origin, not merit.

Question 5

Sexual harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.

Accepted Answer

Sexual harassment involves the request for sexual favors in exchange for something of value or benefit, such as job opportunities or promotions.

Question 6

Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act of 1964.

Accepted Answer

Compensatory damages are available in cases of intentional discrimination under Title VII, as stated in the Civil Rights Act of 1991.

Question 7

Title VII of the Civil Rights Act of 1964 applies to employers with fifteen or less employees.

Accepted Answer

Title VII of the Civil Rights Act of 1964 only applies to employers with fifteen or more employees.

Question 8

Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits both intentional discrimination and practices that have a discriminatory effect, also known as disparate impact.

Question 9

Any federal, state, or local affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to strict scrutiny by the courts.

Accepted Answer

This is based on the Supreme Court case of Regents of the University of California v. Bakke, which established that racial quotas in affirmative action programs are unconstitutional and that any use of racial or ethnic classifications must be subject to strict scrutiny to ensure that they are narrowly tailored to achieve a compelling government interest.

Question 10

The distribution of promotions and other job benefits according to a seniority system is not normally a good defense to a suit for employment discrimination.

Accepted Answer

Seniority systems can sometimes perpetuate past discrimination and may not necessarily be fair to all employees. Therefore, relying solely on a seniority system to distribute promotions and job benefits may not be a valid defense against a claim of employment discrimination. Other factors such as performance and qualifications should also be considered.

Question 11

If a wage differential is due to any factor other than gender, then it does not violate the Equal Pay Act.

Accepted Answer

The Equal Pay Act requires equal pay for equal work regardless of gender. However, if a wage differential is based on factors such as experience, education, or job performance, and not on gender, then it is not a violation of the Act.

Question 12

Under the Age Discrimination in Employment Act of 1967 permits private cause of action against employers for age discrimination.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) of 1967 permits private cause of action against employers for age discrimination.

Question 13

Employee demotion is one of the least frequently cited reasons for a finding of constructive discharge under Title VII of the Civil Rights Act of 1964.

Accepted Answer

The answer of Employee demotion is one of the least...

Question 14

Employers can avoid liability for employment discrimination on the basis of after-acquired evidence of an employee's misconduct.

Accepted Answer

The answer of Employers can avoid liability for employment discrimination...

Question 15

The Americans with Disabilities Act of 1990 defines persons with disabilities as persons with physical or mental impairments that "substantially limit" one or more everyday activities of the affected individuals.

Accepted Answer

This is the correct definition of persons with disabilities according to the Americans with Disabilities Act of 1990.

Question 16

For an employer to successfully defend against a charge of a supervisor's sexual harassment, the plaintiff-employee must have taken a tangible employment action against the supervisor.

Accepted Answer

An employer can defend against a charge of a supervisor's sexual harassment even if no tangible employment action was taken against the plaintiff-employee. It is not a requirement for the plaintiff-employee to have suffered a tangible employment action for the employer to mount a defense against the charge.

Question 17

Intentional discrimination by an employer against an employee is known as disparate-treatment discrimination.

Accepted Answer

Disparate-treatment discrimination occurs when an employer intentionally treats an employee differently based on a protected characteristic such as race, gender, or age.

Question 18

Title VII of the Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males.

Accepted Answer

The answer of Title VII of the Civil Rights Act...

Question 19

If a job applicant or an employee with a disability, with reasonable accommodation, can perform essential job functions, the employer must make the accommodation.

Accepted Answer

This is a requirement under the Americans with Disabilities Act (ADA). Employers are required to provide reasonable accommodations to help individuals with disabilities perform essential job functions, unless it would cause an undue hardship on the employer.

Question 20

Employers are not required to modify their job-application and selection process so that those with disabilities can compete for jobs with those who do not have disabilities.

Accepted Answer

The answer of Employers are not required to modify their...

Quiz 35: Employment Discrimination and Diversity