Question 1

Nina is a Jew and Odell is a college student.Based on this information,members of protected classes include

Accepted Answer

The answer of Nina is a Jew and Odell is...

Question 2

Cora,a female,and Dom,a male,are employees of Equipment Leasing Corporation.Cora regularly e-mails sexually explicit images to Dom via Equipment Leasing's computer network.Dom finds this offensive.This is

Accepted Answer

The behavior described constitutes hostile-environment harassment, as it involves unwelcome and sexual explicit communication that creates an offensive work environment for Dom.

Question 3

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws.These laws re?strict the ability of employers to discriminate against workers on the basis of

Accepted Answer

Gender is one of the protected characteristics under federal employment discrimination laws, along with race, color, religion, national origin, and age. Experience, intelligence, and skill are not protected characteristics, although discriminatory practices based on these factors could potentially be challenged under other laws or regulations.

Question 4

Jason and Katrina work on the loading dock for Longhaul Transport Company.Jason has a disability.Katrina has seniority.Jason asks for a transfer,which would represent an accommodation for his disability.Longhaul gives the transfer to Katrina on the basis of her seniority.Jason files a suit against Longhaul for discrimination on the basis of his disability.The court is most likely to rule that

Accepted Answer

The answer of Jason and Katrina work on the loading...

Question 5

Greta is the only female employee in the maintenance department of Hydro Hydraulics Inc.Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit.This is

Accepted Answer

Greta's situation meets the definition of constructive discharge, meaning the working conditions were made so intolerable that a reasonable person would feel compelled to quit. Additionally, the gender-based teasing and harassment from her supervisor and co-workers constitutes discrimination. Therefore, this is a constructive discharge on the basis of gender discrimination.

Question 6

Fact Pattern 35-1A 
Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well quali?fied.He passes a test to determine which applicants are eligible for hiring,but the employer discards the results,and Erasmus is rejected.Drain-Pro continues to seek applicants.
-Refer to Fact Pattern 35-1A.To successfully defend itself against Erasmus's suit,Drain-Pro must articulate

Accepted Answer

To successfully defend against Erasmus's suit, Drain-Pro must articulate a legitimate, nondiscriminatory reason for its action. Discarding the test results without any explanation can raise suspicion of potential discrimination, and therefore Drain-Pro needs to provide a justifiable reason for rejecting Erasmus's application.

Question 7

Mona files an employment discrimination suit against Nationwide Distribution Corporation (NDC)under the Civil Rights Act of 1964.If Mona shows that NDC acted with malice or reckless indifference,she may recover

Accepted Answer

The answer of Mona files an employment discrimination suit against...

Question 8

Olivia applies for a job with Petro Company.Petro does not hire Olivia because of her ethnicity,or national origin.This is

Accepted Answer

Disparate-treatment discrimination occurs when an employer treats an individual or group differently because of their race, ethnicity, or national origin. This is illegal and violates Title VII of the Civil Rights Act of 1964. Reverse discrimination is when a member of a majority group is discriminated against in favor of a minority group, which is not the case in this scenario. Disparate-impact discrimination is when a policy or practice that is neutral on its face results in discrimination against a particular group. There is no indication in the scenario that this is the case. Therefore, the best answer is disparate-treatment discrimination.

Question 9

Fact Pattern 35-2A
Beth,who has a disability,is an employee of Corporate Office Company (COC).After the installation of new doors on COC's building,Beth finds it nearly im?possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability.
-Refer to Fact Pattern 35-2A.To succeed with a claim against COC under the Americans with Disabilities Act,Beth will have to show that

Accepted Answer

To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that COC refused to make reasonable accommodation for her, given her disability. The fact that COC replaced Beth with someone who does not have a disability suggests that COC did not make a reasonable accommodation for Beth's disability. The other choices are not relevant to the analysis.

Question 10

Fact Pattern 35-2A
Beth,who has a disability,is an employee of Corporate Office Company (COC).After the installation of new doors on COC's building,Beth finds it nearly im?possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability.
-Refer to Fact Pattern 35-2A.To successfully defend against Beth's claim,COC will have to show that

Accepted Answer

The answer of Fact Pattern 35-2A
Beth,who has a disability,is an...

Question 11

Pikabo files an employment discrimination suit against Quantitative Analysis,Inc. ,under the Civil Rights Act of 1964,based on its discharge of Pikabo.Possible relief includes

Accepted Answer

The best and most likely relief in an employment discrimination suit under the Civil Rights Act of 1964 is reinstatement of the employee to their former position. This is because the purpose of the Act is to prevent discrimination and to provide equal employment opportunities to everyone. While fines may also be a possible relief, they would not provide redress to the employee for the harm caused by the discrimination, and imprisonment or order to shut down the employer's business is not a common or appropriate remedy in employment discrimination cases.

Question 12

Conrad and Delilah are employees of AgriBio Feed & Seed Corporation.Under the Equal Pay Act of 1963,AgriBio can legitimately pay different wages on the basis of

Accepted Answer

The answer of Conrad and Delilah are employees of AgriBio...

Question 13

United Company replaces Vera,a forty-five-year-old employee,with Wendy.Vera files a suit against United under the Age Discrimination in Employment Act of 1967.To establish a prima facie case,Vera must show,among other things,that she is

Accepted Answer

The answer of United Company replaces Vera,a forty-five-year-old employee,with Wendy.Vera...

Question 14

Dakota believes that Credit Services Corporation (CSC)has dis?crimi?nated against her on the basis of gender.She files a suit against CSC under the Civil Rights Act of 1964.To es?tablish a prima facie case of em?ployment discrimi?nation,Dakota must show that

Accepted Answer

To establish a prima facie case of employment discrimination, the plaintiff must show that they are a member of a protected class. In this case, Dakota alleges discrimination on the basis of gender, which is a protected class under the Civil Rights Act of 1964. The other choices are not necessary to establish a prima facie case of employment discrimination.

Question 15

Fact Pattern 35-1A 
Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well quali?fied.He passes a test to determine which applicants are eligible for hiring,but the employer discards the results,and Erasmus is rejected.Drain-Pro continues to seek applicants.
-Refer to Fact Pattern 35-1A.Erasmus files a suit against Drain-Pro un?der the Civil Rights Act of 1964,claiming reverse discrimination.To support this claim,Erasmus must show that he is a member of

Accepted Answer

To claim reverse discrimination, Erasmus must show that he belongs to a majority group that was disadvantaged in comparison to a protected group. As the fact pattern does not mention that Erasmus belongs to a protected group, option A can be eliminated. Similarly, options C and D are not relevant to the situation described in the fact pattern. Therefore, the best option for Erasmus to claim reverse discrimination is B, belonging to a majority group.

Question 16

Eton files a suit in a federal district court against Florida,alleging em?ployment discrimina?tion under the Age Discrimination in Employment Act of 1967.The state asks the court to dismiss the suit.The court is most likely to rule that

Accepted Answer

The state is likely to argue that it has sovereign immunity and cannot be sued by individuals or entities without its consent, and the court is likely to rule in favor of the state's immunity. This concept is supported by the Eleventh Amendment to the U.S. Constitution, which grants states immunity from certain lawsuits in federal courts.

Question 17

Paolo has cerebral palsy,Quincy has kleptomania,and both work for Reality Insurance Company.Considered disabled under the Americans with Disabilities Act

Accepted Answer

The answer of Paolo has cerebral palsy,Quincy has kleptomania,and both...

Question 18

Fix-It Repair Shop does not take any action to prevent sexual harass?ment of its employees.Fix-It Repair may be liable for such harassment by

Accepted Answer

Fix-It Repair Shop may be held liable for sexual harassment by a customer or co-worker since they have a responsibility to provide a safe and harassment-free workplace. They can also be held responsible if they knew about the harassment and failed to take action to prevent it or investigate it. However, they are not liable for harassment by an employee's previous employer or spouse.

Question 19

Vincenzo is a pilot for Wayfarer Airlines.Wayfarer's policy is to restrict Vincenzo and its other pilots from flight responsibilities after a certain age.This is most likely

Accepted Answer

This is most likely a legitimate bona fide occupational qualification as certain flight responsibilities may require physical and mental capabilities that may deteriorate with age. To ensure the safety of passengers and crew, it may be necessary for the airline to restrict older pilots from such responsibilities.

Question 20

Ruth is a supervisor for Subs & Suds,a restaurant.Tim is a Subs em?ployee.The owner announces that some em?ployees will be discharged.Ruth tells Tim that if he has sex with her,he can keep his job.This is

Accepted Answer

This is an example of quid pro quo harassment, where employment or job-related benefits are made contingent on submission to sexual advances or demands. Ruth is using her position of power as Tim's supervisor to coerce him into engaging in sexual activity with her in exchange for keeping his job. This behavior is a violation of employment laws and is unacceptable workplace conduct.

Quiz 35: B: Employment Discrimination