Chapter 17 BLAW 310
Cody believes that Delta Corporation has dis¬criminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To es¬tablish a prima facie case of employment discrimi¬nation, Cody must show that a. Cody is a member of a protected class. b. Delta has no legal defenses against the claim. c. discriminatory intent motivated Delta's act. d. other firms in Delta's industry have committed discriminatory acts.
A
Dakota believes that Credit Services Corporation (CSC) has dis¬criminated 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 employment discrimi¬nation, Dakota must show that a. she is a member of a protected class. b. CSC has no legal defenses against the claim. c. discriminatory intent motivated CSC's act. d. no other firm in CSC's industry has committed a discriminatory act.
A
Elton files a suit in a federal district court against the state of Florida, alleging employment 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 a. the state is immune from the suit. b. the suit can proceed. c. Elton is immune from any defense the state might offer. d. the court is immune from such a request.
A
Flynn is a drug addict who has completed a supervised drug-rehabilitation program. Gert used drugs casually in the past. Heath reports to work while under the influence of alcohol. Considered to have a disability under the Americans with Disabilities Act of 1990 is a. Flynn. b. Gert. c. Heath. d. all of the choices.
A
Gala and Hoyt are employees of IT Business Solutions, Inc. Under the Equal Pay Act of 1963, IT Business Solutions can legitimately pay different wages on the basis of a. merit. b. job descriptions. c. substantial equality of skill, effort, and responsibility. d. gender.
A
Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is a. a constructive discharge. b. a destructive discharge. c. an instructive discharge. d. not a discharge.
A
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 a. Katrina's seniority is a good defense. b. Jason's disability is a sufficient basis for relief. c. Longhaul's action was a business necessity. d. Longhaul's action was a reasonable accommodation.
A
Jill, a fifty-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on a. age. b. disability. c. gender. d. race.
A
Machine Fabrication, LLC, may be liable for the sexual harassment of an employee if it knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by a. the employee's previous employer. b. a company supplier. c. a close relative. d. a competitor.
A
Paula, a disabled person, applies for a job at Quantity Corporation for which she is well quali¬fied, but for which she is rejected. Quantity continues to seek applicants and eventually fills the posi¬tion with a person who is not disabled. Paula is most likely to succeed in a suit against Quantity for discrimination under the Americans with Disabilities Act of 1990 if she can show that a. she was not hired solely because of her disabil¬ity. b. she can function well with corrective devices or on medication. c. her disability causes her undue hardship. d. she could not perform the job even with reasonable accommodation.
A
The standard for determining whether constructive discharge has occurred is whether or not a. a reasonable person in the employee's position would feel compelled to quit. b. the employee's annual wage rate is fair. c. a person of another race in the employee's position would feel compelled to quit. d. a person of the opposite gender in the employee's position would feel compelled to quit.
A
Truman applies for a job at Skylight Canopy Corporation for which he is well quali¬fied, but for which he is rejected. Skylight continues to seek applicants and eventually fills the posi¬tion with a person who is not a member of a mi-nority. Truman may succeed in a suit against Skylight for discrimination if he is a member of a. a protected class. b. a majority group. c. an employers' association. d. a union.
A
Valerie is a pilot for Airborne Airlines. Airborne's policy is to restrict Valerie and its other pilots from flight responsibilities after a certain age. This is most likely a. a legitimate bona fide occupational qualification. b. discrimination on the basis of age. c. reverse discrimination. d. discrimination on the basis of disability.
A
Elsa participates in a Title VII investigation at the firm where she works. As a result, Elsa's employer demotes her. Elsa can file a. a harassment complaint. b. a retaliation claim. c. a constructive discharge claim. d. a disparate-impact discrimination claim.
B
Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is a. reverse discrimination. b. disparate-impact discrimination. c. disparate-treatment discrimination. d. not discrimination.
B
Lingerie Closet, a women's clothing store, employs female attendants to as¬sist customers in the dressing rooms. Mark, a forty-one-year-old male, ap¬plies for an atten¬dant's job, but is not hired. In Mark's suit against Lingerie Closet for em¬ployment discrimination under Title VII, the store has a. no defense. b. a bona fide occupational qualification defense. c. a business necessity defense. d. an after-acquired evidence defense.
B
Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of a. experience. b. gender. c. intelligence. d. skill.
B
Polly files an employment discrimination suit against Quantitative Analysis, Inc., under the Civil Rights Act of 1964, based on its discharge of Polly. Possible relief includes a. imprisonment. b. reinstatement. c. fines. d. an order to shutdown the employer's business.
B
Refer to Fact Pattern 17-1. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that a. Beth consistently met the essential requirements of her job. b. COC refused to make reasonable accommodation for Beth. c. Dian is unqualified for Beth's position. d. the doors were installed as an act of intentional discrimination.
B
Refer to Fact Pattern 17-1. To successfully defend against Beth's claim, COC will have to show that a. Beth consistently failed to meet the essential requirements of her job. b. COC cannot make changes to the doors without undue hardship. c. Dian is qualified for Beth's position. d. the doors were not installed as an act of intentional discrimination.
B
Food Packaging Corporation (FPC) requires its employees to have a high school diploma, claiming a definite connection between a high school edu¬ca-tion and job performance. In a suit against FPC under Title VII, this requirement is shown to have a discriminatory effect. The employer has a. no defense. b. a bona fide occupational qualification defense. c. a business necessity defense. d. an after-acquired evidence defense.
C
Lizzie replaces Mike in his job at National Business Corporation (NBC). Mike 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 a. all parties must be forty years of age or younger. b. Lizzie must be forty years of age or older. c. Mike must be forty years of age or older. d. Mike must have been an NBC employee for at least forty years.
C
Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. 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 a. harassment on the basis of sexual orientation. b. not harassment. c. quid pro quo harassment. d. same-gender harassment.
C
Resourced Forestry Corporation and the Service Employees International Union are sued by plaintiffs alleging job discrimination in violation of Title VII of the Civil Rights Act of 1964. This law applies to employers and labor unions with at least a. fifteen employees or members. b. five employees or members. c. ten employees or members. d. one employee or member.
C - ten employees
Brian is forty-five-year-old white male with Parkinson's disease. Brian is a member of a. one protected class. b. two protected classes. c. three protected classes. d. no protected classes.
C. Three protected classes - age, race, and disabilities
Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with this statute is monitored by a. employees and job applicants, not an administrative agency. b. employers and businesses, not an administrative agency. c. the courts and Congress, not an administrative agency. d. the Equal Employment Opportunity Commission.
D
Jerry, a paraplegic, applies for a job as a disk jockey with KLKT, a local radio station. The station's manager says, "Sorry, man. You meet all our requirements. But we need someone who can move around the broadcast studio without accommodation." Most likely, Jerry could recover from the station under a. no federal law. b. Title VII of the Civil Rights Act of 1964. c. Section 1981. d. the Americans with Disabilities Act of 1990.
D
Lisa brings a lawsuit against her employer for unlawful discrimination. Lisa is successful in proving that she was unlawfully discriminated against by her employer. Lisa may be awarded a. back pay, but not retroactive promotions. b. retroactive promotions, but not back pay. c. damages, but not back pay. d. back pay, retroactive promotions and damages.
D
Melanie files an employment discrimination suit against Natural Gas Industries Corp. under Title VII on a disparate-impact theory. To succeed, Melanie must show that a protected group of people are adversely affected by any of the following except the employer's a. practices. b. procedures. c. tests. d. seniority system.
D
Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race. Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination. Sarah must show all of the following except that a. she is a member of a protected class. b. she applied and was qualified for the job in question. c. she was rejected by Trekking Travel Agency. d. other people of her race hold similar positions with other employers.
D
John is thirty years old and Kelly does not have a college degree. Based on this information, members of protected classes include a. John and Kelly. b. John only. c. Kelly only. d. neither John nor Kelly.
D. Neither John nor Kelly
Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. Among these, the most important statute prohibiting discrimination against members of protected classes is a. the Age Discrimination in Employment Act of 1967. b. the Americans with Disabilities Act of 1990. c. the National Labor Relations Act of 1935. d. Title VII of the Civil Rights Act of 1964.
D. Title VII of the civil rights act of 1964 prevent discrimination
A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.
F
A plaintiff who proves unlawful discrimination may be awarded reinstatement, back pay, but not retroactive promotions.
F
Constructive discharge is a theory that plaintiffs can use to establish only certain types of discrimination claims.
F
Employers can consider mitigating measures or medications when determining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990.
F
Employers can require employees to participate in religious activity.
F
Federal law does not prohibit employers from engaging in gender-based wage discrimination.
F
Federal law prohibits employers from classifying jobs as male or female.
F
Mere fear of litigation is a sufficient reason for an employer to engage in reverse discrimination.
F
Sexual harassment occurs only if sexual favors are demanded of an employee.
F
State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act of 1967.
F
State employers are not immune from private suits brought by employees under the Americans with Disabilities Act of 1990.
F
The Americans with Disabilities Act of 1990 requires that employers accommodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work
F
The Civil Rights Act of 1964 prohibits discrimination against job applicants on the basis of national origin.
F
There is no cap on damages for discrimination in violation of the Civil Rights Act of 1964.
F
Title VII of the Civil Rights Act of 1964 does not apply to employers with fifteen or more employees
F
Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.
F
Under Title VII of the Civil Rights Act of 1964, most private firms are required to implement affirmative action policies.
F
Under the Age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person "outside the protected class."
F
Under the Americans with Disabilities Act of 1990, an employer must hire unqualified applicants who have disabilities.
F
A tangible employment action is a significant change in employment status or benefits.
T
An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action.
T
An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a business necessity.
T
Employee demotion will support a finding of constructive discharge, particularly when the employee was subjected to humiliation.
T
Employers cannot treat their employees more or less favorably based on their religious beliefs or practices.
T
Employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship.
T
Gender can be a bona fide occupational qualification.
T
If a job applicant or an employee with a disability, with reasonable accommodation, can perform essential job functions, the employer must make the accommodation.
T
Intentional discrimination is known as disparate-impact discrimination.
T
Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.
T
Protection against discrimination under the Civil Rights Act of 1964 extends to individuals who are sexually harassed by members of the same gender.
T
Section 1981—a federal statute that prohibits discrimination on the basis of race or ethnicity in the formation or enforcement of contracts—can provide a basis for a plaintiff's employment-discrimination action.
T
The rights of employees to bring discrimination claims against their employer as a group, or class, is limited.
T
Under the Age Discrimination in Employment Act of 1967, the plaintiff must show that unlawful discrimination was the reason for an adverse employment action.
T
When a job requirement excludes members of a protected class from an employer's workforce at a substantially higher rate than nonmembers, discrimination occurs.
T
When the harassment by co-workers creates a hostile working environment, an employee may have a cause of action against the employer.
T