Blw 302 chapter 35

Title VII of the Civil Rights Act applies to employers and labor unions with at least

15

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely

A constructive discharge

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of

Any other factor besides gender

Gino applies for a job with Hobby Company. The employer does not hire him because of his ethnicity, or national origin. This is

Disparate Treatment discrination

Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is

Disparate impact discriminations

A state does not have the inherent power to ban affirmative action within that state.

False

Affirmative action programs are often found to be unconstitutional because they deprive members of protected classes of equal protection.

False

An employer can require employees to participate in such religious activity as weekly prayer meetings with other employees.

False

An employer cannot classify jobs as male or female but can refuse to promote employees based on their gender.

False

Constructive discharge occurs when an employer, to avoid conflict among workers, discharges an employee engaging in an unconventional act, such as wearing a hijab.

False

Disparate-impact discrimination occurs when a protected class is adversely affected by the practice or procedure of an employer who intended that result.

False

Many states have their own laws that protect employees against discrimination, but none provide more protection to employees than federal laws.

False

The Age Discrimination in Employment Act prohibits employment discrimination on the basis of age against individuals up to forty years of age.

False

The Equal Pay Act requires equal pay for male and female employees working at the same establishment, regardless of the work they do.

False

Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

False

Under federal law, the definition of gender discrimination has not been expanded to include discrimination based on pregnancy.

False

Under the Age Discrimination in Employment Act, if an employer offers a legitimate reason for its action, an employee's case is held to be a pretext.

False

Under the Americans with Disabilities Act, employees with disabilities must reasonably accommodate the needs of their employers.

False

Under the Americans with Disabilities Act, employers must accommodate the needs of persons with disabilities, even if doing so causes undue hardship.

False

Under the Uniformed Services Employment and Reemployment Rights Act, any person who has served in the military is entitled to more favorable treatment in the workplace than a co-worker who has not served.

False

Workers in the United States generally have less protection against sexual harassment in the workplace than workers in other countries.

False

An employer must reasonably accommodate its employees' religious practices, but only if they are based on the doctrines of a traditionally recognized religion.

Fasle

Myra, a female, and Neil, a male, are employees of Operation Business Corporation. Myra regularly e-mails sexually explicit images via Operation's network to Neil, who finds the images offensive. This is most likely

Hostile work environment

Gil and Hera are employees of IT Solutions Inc. Under the Equal Pay Act, IT Solutions can legitimately pay different wages to male and female employees on the basis of

Merit

Holly files an employment discrimination suit against Industrial Inc. under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, Holly must show in part that she was adversely affected by the employer's

Practice

Olive is a supervisor for Pasta Garden, a restaurant. Qui is a Pasta Garden employee. The owner announces that some employees will be discharged. Olive tells Qui that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

Quid pro Quo Harassments

Compliance with Title VII of the Civil Rights Act is monitored by

The equal employment opportunity commission

Vim applies for a job at Welding Inc. She passes a test to determine which applicants are eligible for hiring, but Welding discards the results, and Vim is rejected. To successfully defend against a claim for discrimination under Title VII of the Civil Rights Act, the employer must show that

The practice was justified

A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination, and will win in the absence of a legally acceptable employer defense.

True

A worker who is dissuaded from filing a charge of discrimination by an employer's threat to change the benefits of the job has a basis for a claim of retaliation.

True

An employer can avoid liability for sexual harassment by taking prompt remedial action.

True

An employer can avoid liability under Title VII by showing that the employer's standards for hiring and promoting have a substantial, demonstrable relationship to realistic qualifications for the job at issue

True

Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claim under Title VII and other federal discrimination laws.

True

Normally, an employer is liable for a supervisor's sexual harassment only if the supervisor took a tangible employment action against an employee.

True

Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference.

True

The Age Discrimination in Employment Act extends to federal government employees but state employers are usually immune from age-based claims. Group of answer choicesTrue

True

The laws designed to protect certain workers against discrimination are aimed at providing equal rights for all and eliminating special privileges for the few.

True

To bring a Title VII claim as a class action, employees must prove a company-wide policy of discrimination that has a common effect on all of the plaintiffs.

True

Under the Age Discrimination in Employment Act, the plaintiff must show that the unlawful discrimination was only one of the reasons for an adverse employment action.

True

When Title VII applies to an employer, any employee—including an undocumented worker—can bring an action for employment discrimination.

True

Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of

a protected class

If an employer sued for an adverse employment action on the basis of discrimination articulates a legal reason for the action, the employer wins.

false

The Americans with Disabilities Act defines disability to include a physical or mental impairment that causes "undue hardship."

false

The Americans with Disabilities Act permits employers to take adverse employment actions based on assumptions about individuals who associate with people who have disabilities.

false

The use of interviews and tests, and minimum educational requirements, to choose among a large number of applicants for job openings is prima facie employment discrimination

false

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of experience.

gender

Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

he is a member of the protected class

Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

other person of her race hold similar position with similar employers

A business necessity is a defense against employment discrimination based on the genuine requirements of a business.

true

Sexual harassment occurs when a pattern of sexually offensive conduct runs throughout a workplace and the employer takes no steps to prevent it.

true