BUL, CH. 21

Emylee, an employee of Farm Supplies, Inc., files a sexual-harassment suit against Gowan, her supervisor. Emylee wins. Farm Supplies may also be liable if it had effective harassment policies and complaint procedures, and

Emylee followed them

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

FALSE

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.

FALSE

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.

FALSE

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

FALSE

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

FALSE

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

FALSE

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

FALSE

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

FALSE

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

FALSE

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

FALSE

Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC). To succeed with an age-discrimination claim against MVMC, Lomax will have to show that

Lomax is qualified for his job

Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC). Lomax believes that he has been discriminated against on the basis of his age. For the Age Dis¬crimination in Employment Act of 1967 to apply

Lomax must be forty years of age or older

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.

TRUE

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

TRUE

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

TRUE

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

TRUE

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

TRUE

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.

TRUE

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

TRUE

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

TRUE

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

TRUE

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

TRUE

Satin, Silk & Swimwear, a women's clothing store, employs female attendants who as¬sist customers in the dressing rooms. Toribio, a forty-one-year-old male, ap¬plies for an atten¬dant's job, but is not hired. In Toribio's suit against Satin, Silk & Swimwear for em¬ployment discrimination under the Civil Rights Act of 1964, the store has

a bona fide occupational qualification defense

Solar Power Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school edu¬ca¬tion and job performance. In a suit against Solar Power under the Civil Rights Act of 1964, this is shown to have a discriminatory effect. Solar Power has

a business necessity defense

Boni, the owner of Café Rico, knows about, but does not take any action to prevent, the sexual harassment of employees. Boni and the café may be liable for such harassment by

a customer or a co-worker

Free-Flo Pipes & Plumbing Corporation is a private employer in¬volved in an employment discrimination suit under the Civil Rights Act of 1964. Punitive damages may be recovered against Free-Flo only if the employer

acted with malice or reckless indifference

Lisa brings a successful lawsuit against her employer Metal Mold & Die Corporation for unlawful discrimination. Lisa may be awarded

back pay, retroactive promotions, and damages

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

disparate-impact discrimination

Merlin is a drug addict who has completed a supervised drug-rehabilitation program. Nabil used drugs casually in the past. Both work for Omni Insurance & Investments Inc. Considered to have a disability under the Americans with Disabilities Act of 1990

is Merlin only

Lumber Mill Inc. is a private employer with more than twenty employees. Its employment practices do not indicate a past pattern of discrimination. It is located in Metro City, which has recently seen an increase in the number of its citizens who are members of protected classes. Under the Civil Rights Act of 1964, Lumber Mill is

not required to implement an affirmative action policy

Sara believes that she was rejected for a position at Trek n' Travel Agency on the basis of her race. Sara files a suit against Trek n' Travel under the Civil Rights Act of 1964. To es¬tablish a prima facie case of employment discrimi-nation, Sara must show all of the following except that

other persons of her race hold similar positions with other similar employers

Buena files a suit against Credit Services Corporation under the Civil Rights Act of 1964, alleging employment discrimination on the basis of gender on a disparate-impact theory. To succeed, Buena must show that Credit Services hires fewer women than the per¬centage of

qualified women in the local labor market

Ruta is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some em¬ployees will be discharged. Ruta tells Tim that for sexual favors she will give him an excellent performance review and recommend a raise. This is

quid pro quo harassment

Elsa participates in an investigation into possible violations of the Civil Rights Act of 1964 at Fabrication Foundry, Inc., where she works. As a result, Elsa's employer demotes her. Elsa can file a

retaliation claim.

Insurance Sales Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is

reverse discrimination.

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

seniority

Melanie files an employment discrimination suit against Natural Resources Industries Corporation under the Civil Rights Act of 1964 on a disparate-impact theory. To succeed, Melanie must show that members of a protected class are adversely affected by any of the following except the employer's

seniority system

Helene, a disabled person, applies for a job at Industrial Engineering Applications Inc. for which she is well quali¬fied, but for which she is rejected. Industrial Engineering continues to seek applicants and eventually fills the posi¬tion with a person who is not disabled. Helene is most likely to succeed in a suit against Industrial Engineering for discrimination under the Americans with Disabilities Act of 1990 if she can show that

she was not hired solely because of her disabil¬ity

Iago believes that he is a victim of a form of employment discrimination that falls under the Civil Rights Act of 1964. Compliance with this statute is monitored by

the Equal Employment Opportunities Commission