BLAW CH 43
qualification
A bona fide occupational ______ is necessary discrimination for the performance of a particular job.
for a business necessity
A defendant can avoid liability in a disparate impact discrimination case by claiming that the discrimination was: _______.
A,B,D
A seniority system that is based on length of service may be valid if it: _______. (Choose THREE correct answers) A. was setup to hire the best employees B. was not set to discriminate C. applies equally to applicants of color D. follows industry standards
Reinstatement, punitive damages, back pay
A successful plaintiff in an ADA case might receive which forms of remedy? (Check all that apply.)
impact
An employer can defend against a disparate _______ charge by claiming the behavior was a business necessity.
ADA
An individual who has physical or mental impairments that substantively limit one or more life activities is considered disabled by what federal law?
at-will
Any employee not under a formal contract as part of their employment is considered to be a(n) ______ employee.
Same-sex marriage
DOMA prevented what legal act in a particular state from being recognized in other states?
Equal Pay
The defenses to a(n) ______ Act claim include having a bona fide seniority system, a pay system based on quality or quantity of output, or a bona fide merit system.
equal pay
The defenses to a(n) ______ Act claim include having a bona fide seniority system, a pay system based on quality or quantity of output, or a bona fide merit system.
illegal
The exception to the employee at-will doctrine is that an employer can not fire an employee for any ______ reason.
charge
The first step in initiating a Title VII lawsuit is filing a(n) ______ with a state agency that handles discrimination matters or with the EEOC
one sex
The giving of extra duties may invoke a violation of the Equal Pay Act if all of the extra duties were given to _______.
impact
The plaintiff (the employee) proves a case based on disparate _______ by establishing that the employer's conduct disproportionatiety affects employment opportunities for a protected class.
federal
There is no ______ law that prohibits discrimination on the basis of sexual orientation.
20 consecutive
Title VII of the Civil Rights Act applies to employers who have 15 or more employees for _______ weeks within one year.
employment
Title VII of the Civil Rights Act prohibits discrimination in hiring, firing or in any actions in a(n) _______ setting.
reasonable inference
To prove a claim of discrimination for termination under the ADEA, the plaintiff must establish facts sufficient to create a _______ that age was a determining factor in the termination.
A,C,D
To prove hostile-environment sexual harassment claim, the plaintiff must demonstrate ALL of the following: ________. A. she suffered intentional, unwanted discrimination because plaintiff's gender; B. the harassment was only subjectively, but not objectively, unwelcome C. management knew, or should have known, about the harassment, and did nothing to stop it D. the harassment was severe or pervasive
TRUE
True or false: Same-sex harassment was officially covered by Title VII after the Supreme Court heard the case of Oncale v. Sundowner Offshore Services, Inc.
False
True or false: Under NLRA, employers are prohibited from restraining the use of employees' social-media use for airing personal grievances.
A,B,C
What are the steps to proving a Title VII disparate treatment lawsuit? (Check all that apply.) A. The defendant must articulate a business reason for the discrimination. B. The employee must show that the reason given by defendant is nothing but a pretext. C. The employee must prove a prima facie case of discrimination. D. The shareholders of a corporation must be notified and the employee must address the issue with the board of directors.
a,c,d
What are the valid forms of testing allowed under the merit defense in a Title VII employment discrimination case? (Check all that apply.) a. Construct validity b. Standard deviation validity c. Criterion-related validity d. Content validity
Disparate treatment, Disparate impact
What are the ways to prove discrimination under Title VII of the Civil Rights Act?
Race, Religion
What areas of discrimination can be the basis of a hostile environment lawsuit?
Merit defense
What defense to a Title VII discrimination action indicates that employment decisions were at least partially made based on test scores designed not to be discriminatory?
A,B,C
What factors determine if a corporation will be subject to American employment laws? (Check all that apply) A. The location and nationality of management B. The nationality of shareholders C. The location of the principal place of business D. The profitability of the company
ADA
What federal law makes it illegal to discriminate against an employee based on a disability?
ADEA
What federal law makes it illegal to discriminate against workers 40 or over based on their age?
Pregnancy Discrimination Act
What federal law makes it illegal to discriminate based on bearing a child?
Prima facie
What is the Latin term for when the evidence is sufficient to raise the presumption that discrimination has occurred?
EPA
What is the law that says that an employer must not discriminate in pay against a specific sex if work performed is similar?
At-will employment
What is the term for an employment relationship where an employer or employee can terminate the relationship at any time and for any reason?
Disparate treatment
What is the term for intentional discrimination where an employer treats an employee differently based on being a member of a protected class?
Right-to-sue letter
What is the term for the document issued by the EEOC that gives an employee the right to bring a case against an employer in federal court?
Executive exemption
What is the term for the exemption to the ADEA that allows a company to force an executive to retire at 65?
Seniority system
What is the term for the system that is based on preference given to employees determined by length of service and is used as a defense to Title VII discrimination?
Disparate impact
What is the term for unintentional discrimination where an employer's actions have caused a large number of employees in a protected class to be harmed?
BFOQ
What is the term that describes necessary discrimination in order for a particular job to be performed?
Quid pro quo
What is the term that describes when a manager makes a sexual demand that is perceived as a term or condition of employment?
A,B,C
What kind of damages can an employee receive under a Title VII Civil Rights claim? A. Two years of back pay B. Compensatory damages C. Punitive damages D. Trebled damages
back pay
What type of damage in Title VII cases involves the pay that an employee lost due to the discriminatory act?
punitive
What type of damages in Title VII discrimination cases are capped?
Federal laws
What type of laws provide the minimum protection for all workers in the United States?
A,B,D
When an employee has been discriminated against, in order to sue for disparate treatment, he or she must be a member of which protected group? (Check all that apply.) A. National origin B. Race C. Wealth D. Gender
A,B,D
Whether U.S. employment law applies overseas to American companies is based on several factors, including: _______. (Choose ALL that apply) A. the company's principal place of business B. the nationality of the shareholders C. type of service or product offered D. location of management
A,B,C
Which of the following are valid defenses to the Equal Pay Act? A. A merit system is in place. B. A pay system is based on production. C. A seniority system is in place. D. The company was not profitable for more than a year.
Back pay
Which of the following is the difference between the amount of money the plaintiff earned since the discriminatory act and the amount of money she or he would have earned had the discriminatory act never occurred?
the size of the employer
With Title VII discrimination cases, punitive damages can be awarded, but the amount of those damages are capped based on _______.
The management of defendant's company
With hostile environment sexual harassment, who must know that the harassment is occurring for the lawsuit to be successful?
Hostile
______ environment employment discrimination can also be used for discrimination based on race and religion.
disparate
______ treatment is intentional discrimination where the employee is treated differently based on being a member of a protected class.
damages
_______ under Title VII include up to 2 years of back pay.
disparate impact
_______, often referred to as unintentional discrimination, occurs when an employer sets a requirement for employment that inadvertently precludes large numbers of a protected class from employment in a particular job.
DOMA
is a federal law that allowed one state to not recognize a same-sex marriage or union from another state.
Employment
quid pro quo sexual harassment occurs when a supervisor makes a sexual demand as a term or condition of ______.
unwelcome
sexual harassment covers _______ sexual advances or other conduct of a sexual nature that create an intimidating, hostile or offensive work environment.
15
How many employees must a company have in order to have Title VII apply to them?
back pay
If a plaintiff is successful with an EPA lawsuit, then the court will award what form of damages?
merit
The ______ defense to a Title VII discrimination claim is based on the concept that employment decisions are partially made based on test scores that are not intended to discriminate.
NLRA
The _______ protects the rights of employees to act together to address conditions at work, with or without a union, including work-related conversations posted on social media, such as Facebook and Twitter.
EEOC
The ______ can prosecute an employment discrimination claim if they find there is reasonable cause to believe that the employee was discriminated against in violation of Title VII of the Civil Rights Act.
disabled individual
Has a record of such impairment Has an impairment that limits one or more major life activities Is regarded as having such an impairment Has an impairment that substantially limits one or more major life activities
conciliation
If the EEOC finds reasonable cause to believe that the employee has been discriminated against, it attempts to eliminate the discriminatory practice through ______, that is, by trying to negotiate a settlement between the two parties.
protected class
In a claim for disparate treatment, the employee must show she was hired, fired, or denied a promotion, on the basis of membership in a(n) _______.
business
In a suit for disparate treatment, the defendant (the employer) must articulate a legitimate, nondiscriminatory _______ reason for the action.
compensatory, punitive
In cases of intentional violations of ADA, a successful plaintiff may receive: ______ and _______ damages.
Disparate impact
In order to prove a __________ case, an employee must establish the actions of employer which affect employment opportunities of a protected class
part of the workplace
In the Blakey v Continental Airlines case, the court stated that the company-created electronic bulletin board should be considered: _______.
reversed
In the Oncale v Sundowner (1998) case, the Supreme Court ______ lower court rulings holding that same-sex harassment is actionable under Title VII
federal
Laws that protect against discrimination based on sexual orientation in an employment relationship are made at what level of government?
Presumption
Prima Facie is Latin for "at first view" and means that the evidence is sufficient to raise a(n) _______ that discrimination occurred.
DOMA
Section 2 of ______ allowed one state not to recognize a same-sex marriage or union from another state.
40
The ADEA was enacted to prohibit employers from refusing to hire/discharging employees who are _____ or older.
B,C,D
The Blakey v Continental Airlines case shows that employers may have a duty to monitor company-created electronic media to determine whether there is: _______. A. hiring a good employment lawyer B. establishing written clear workplace policies C. any harassment occurring on an online bulletin board D. sexual harassment training by company
explicitly; implicitly
The EEOC defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" that either _______ or ______ makes submission a term or condition of employment.
the jobs are similar
The Equal Pay Act is a federal law that makes it illegal to pay one gender more than another gender if _______.
childbirth
The Pregnancy Discrimination Act of 1987 made it illegal to discriminate on the basis of _______ or pregnancy.