Diversity Study Guide Ex4

Domestic partners:

C) Must be able to demonstrate that they lived together with the LGBT employee for the required period of time (varies from jurisdiction to jurisdiction) and gave mutual aid and support in order to be eligible to claim employment benefits.

A person is considered a transgender:

C) if the person feels that his or her physical gender does not match his or her emotional or psychological gender.

Lucas is a waiter at The Foodie Club. He is also studying fashion design at a local college. The other waiters ridicule his chosen field of study, saying that "real men don't use sewing machines." They call him a punk and keep targeting all their jokes at him. They even attempted to pull his shirt off once. This type of verbal and physical abuse takes place on a regular basis and has caused him a lot of duress. In this scenario, Lucas:

B) has a claim for same-gender sexual harassment under Title VII.

In providing reasonable accommodation, courts have found that it is an undue hardship for the employer if he or she:

B) has to pay more than a de minimis cost to replace a worker who has religious conflicts.

Which of the following is required of the employer when an employee brings a religious conflict to their attention?

B) To accommodate, or attempt to accommodate, the employee's religious conflict unless it creates an undue burden on the employer.

The three possibilities for a disability determination under the ADA include all of the following except:

B) a physical or mental impairment that is not known to an individual's physician and rarely impacts that individual's work or family life

Which of the following might be an ineffective notice to an employer that a reasonable accommodation is needed for a disabled employee?

B) a request for the employer to review the employee's medical records

There is no federal legislation protecting LGBT employees from employment discrimination. However:

B) employers need to be aware that state and local ordinances may prohibit job discrimination against homosexuals.

To prove that one's beliefs are a religion for purposes of Title VII (of the Civil Rights Act of 1964), an employee must show that:

B) his or her beliefs occupy the same place in his or her life as an orthodox belief in God would in the life of someone else.

Title VII of the Civil Rights Act of 1964 does not include a prohibition against discrimination on the basis of sexual orientation, but it does protect homosexuals if the employment action:

B) is based on race or religion.

An employee can sue their same-gender sexual harasser under Title VII:

C) only when the same-gender sexual harassment is not because the harassee is LGBT.

To successfully demonstrate a case of disability discrimination based on disparate treatment, a plaintiff must show all of the following except:

C) the employer refused a reasonable accommodation

T/F Groups such as the Ku Klux Klan have been determined by the Courts to be religious organizations, and as a result an employer must reasonably accommodate an employee's deeply held belief in the Ku Klux Klan.

False

T/F If an employee believes that she or he is the subject of discrimination on the basis of disability, the typical first step is to directly file a complaint with the Equal Employment Opportunity Commission (EEOC)

False

T/F If an employee develops a religious conflict during the course of his employment (i.e., it was not present when he first worked for the employer), then the employer is under no duty to find an accommodation for that employee's religious belief

False

T/F In a disability discrimination case, an employer can use the bona fide occupational qualification (BFOQ) defense

False

T/F In the United States, the mandatory retirement age is age 65. This is because older workers tire easily, don't understand technology, and cannot keep up with younger employees.

False

T/F LGBT employees are not eligible to bring civil tort actions such as defamation or intentional infliction of emotional distress, and others.

False

T/F Punitive and compensatory damages are available to a plaintiff in an ADA retaliation suit.

False

T/F State law age discrimination claims can apply to those age 35 and older.

False

T/F The ADEA permits younger employees to pursue a kind of "reverse-discrimination" lawsuit, alleging that they were discriminated against in favor of an older worker.

False

T/F The Age Discrimination in Employment Act (ADEA) covers employees between the ages of 40 and 85.

False

T/F The United States is the only country that recognizes the need for legislation to ensure that people with disabilities are not subjected to discriminatory treatment in the workplace.

False

T/F The prohibition against discrimination on the basis of religion, under Title VII of the Civil Rights Act of 1964, is absolute.

False

T/F The requirement of reasonable accommodation for a disabled employee means that an employer must create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job

False

T/F After an employee undergoes gender reassignment surgery, the safest thing for an employer is to treat the employee consistently with the way the employee presents his or her identity. That is, if the employee presents himself as a male, treat him as a male even though he may have been female before the gender reassignment surgery.

True

T/F An employee who believes that he has been discriminated against on the basis of age may follow the internal grievance procedures established by his employer to resolve the matter.

True

T/F An employer can use a valid waiver as a defense to an ADEA claim

True

T/F An employer may defend a disability discrimination case with a claim of business necessity

True

T/F Employers need to be concerned with the possibility of religious harassment in the workplace —for example, nonreligious employees complaining that they are being harassed by religious employees

True

T/F Gender dysphoria is a medical condition recognized by the American Medical Association causing a person to feel like their mind is one gender, and their body is the opposite

True

T/F If other employees are not willing to trade places with the worker who has a religious conflict, the employer may have an argument that an accommodation of that conflict causes undue hardship.

True

T/F In states that have not waived sovereign immunity, state employees are barred from suing their employers under ADEA.

True

T/F One of the factors that the courts will look at when deciding if an employer has reasonably accommodated an employee's religious conflict is whether other employees are willing to assist in the accommodation

True

T/F Sexual harassment claims are covered under Title VII even if employees are of the same gender; however harassment based on sexual orientation is not covered under Title VII.

True

T/F The ADA may require an employer to permit medical leave for an employee with a serious medical condition. This leave is similar to, but not the same as, the leave available under the FMLA (Family and Medical Leave Act)

True

T/F The Genetic Information Nondiscrimination Act (GINA) prohibits employers from collecting genetic information and from considering someone's genetic background in any employment-related decisions such as hiring or firing.

True

T/F The issue of religion was addressed by Congress in the 1972 amendments to Title VII of the Civil Rights Act of 1964

True

T/F The term transgender includes those who may not yet have undergone gender reassignment surgery but are living as the opposite gender

True

T/F To establish a prima facie case of discrimination under the ADEA, an employee must be able to show that they are a member of the protected class. This is a simple showing that he or she is at least age 40

True

T/F Unions also have a duty to reasonably accommodate an employee's religious conflict

True

T/F When determining the essential functions of a job, an employer must look to the function to be accomplished and not to the means of performing that function

True

Which of the following statements is true of retaliation claims made under the Age Discrimination in Employment Act (ADEA)?

D) Punitive damages are available for retaliation claims.

Which of the following is a form of equitable relief?

D) Reinstatement

To determine whether a task is an essential function of a job, courts weigh a variety of evidence including all of the following except:

D) frequency of the task, i.e. how often must it be performed

To establish a prima facie case of religious discrimination, a plaintiff must show all of the following except:

D) the employee complied or attempted to comply with the conflicting employment requirement before discussing the matter with his employer

The third requirement to demonstrate a prima facie case of age discrimination based on disparate treatment is that the employee was qualified for the position. All of the following have been used to demonstrate that requirement except:

D) the employee received some verbal criticism, but never received written notice that he or she did not meet the performance requirements for the job.

T/F The term transsexual traditionally referred to an individual who underwent gender reassignment surgery, but recently has been broadened to include those who haven't yet had surgery but are living as the opposite gender, cross-dressers, and inter-sexed people.

False

T/F There are two types of discrimination under the ADEA: disparate treatment and disparate action

False

T/F Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation.

False

T/F When a claim is pretextual, it means that it is the true reason for an action, that there is no underlying motivation

False

Under the Americans with Disabilities Act, which of the following is a reasonable accommodation that an employer is required to provide to a disabled employee?

A) Moving the disabled employee's workstation closer to equipment, materials, and rooms that he or she frequently uses

Which of the following statements is true about religious organizations and reasonable accommodation of religious conflicts?

A) Religious organizations generally can discriminate on the basis of religion since religion is recognized as BFOQ reasonably necessary to the normal operation of the business.

Which of the following are factors that the Courts and the EEOC will consider when determining whether the employer has indeed reasonably accommodated the employee's religious belief?

A) The type of job where the conflict exists. B) The willingness of other employees to assist in the accommodation. C) The cost of the accommodation. D) All of the above

Tom is a transgender, and he is actively transitioning. He informed his supervisor that he will start to live and dress as a woman after his gender reassignment surgery. His supervisor calls Tom deviant and fires him. Which of the following holds true in this scenario?

A) Tom's termination violates Title VII if the discharge was based on gender identity.

Under the Americans with Disabilities Act (ADA), employers are permitted to:

A) accommodate disabled employees by eliminating an essential function of a job or lowering a production standard that applies to all employees if they want to.

To demonstrate a BFOQ in an ADEA age discrimination case, an employer must prove all of the following except:

A) all or substantially all of the individuals over the set age are unable to perform the job's requirements adequately or some of the individuals over that age have a disqualifying trait that cannot be ascertained except by age C) the age limit is reasonably necessary to the essence of the employer's business D) A and C

Which of the following remedies may be awarded to a successful employee/plaintiff in an age discrimination action, including a claim of retaliation?

A) money damages representing back pay and/or even front pay

When dealing with workplace accidents or injury, the failure to meet the appropriate standard of care for avoiding unreasonable risk of harm to others is known as ________.

A) negligence

Title VII includes a duty to reasonably accommodate conflicts arising from which of the following protected categories?

A) religion

Which of the following is NOT a component of the ADA definition of intellectual disability:

C) disability that originated pre-employment

When a claim is successful under ADEA, which of the following are available to the plaintiff?

C) front pay and back pay

Which of the following is most likely to constitute a hostile environment in violation of the ADA?

C) repeated incidents of harassment in the workplace

T/F If an employee is treated as disabled by the employer but has no disability, there can be a violation of the ADA.

True

T/F ADEA has strict recordkeeping requirements for employees and applicants

True

T/F The Defense of Marriage Act (DOMA) defined marriage, for federal purposes, as between any two individuals, regardless of their gender identities or sexual orientations

False

T/F The Equal Employment Opportunity Commission (EEOC) recently included gender identity as a part of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964.

False

Which of the following acts prohibits health insurers and employers from discriminating against people for flaws or disease risks revealed by genetic testing?

B) The Genetic Information Nondiscrimination Act

Title VII (of the Civil Rights Act of 1964) requires employers to accommodate an employee's religious practices and beliefs:

B) to the extent that it does not cause undue hardship.

Which of the following statements is true about Title VII and a definition of "religion"?

B) Title VII was amended in 1972 to include a definition of religion that includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

Which of the following is true of transgender employees?

B) Transgender employees just want to be treated as the gender they feel they are, and represent themselves to be.

David is a police officer with the New York Police Department (NYPD). NYPD asks David to retire when he turns 65. It also informs David that he is eligible for an annual pension of $40,000. David feels that he is a good police officer and that he has been unfairly discriminated against because of his age. He files a complaint under the Age Discrimination in Employment Act against the NYPD. Which of the following statements is true in this case?

B) David will most likely lose the case as it is legal for police officers to be subjected to mandatory retirement.

Charles, aged 63, was a manager at the Exotic Wood Corp. His supervisor, Dee, frequently made derogatory age-related comments about Charles to other workers. Dee encouraged Charles' co-workers to be uncooperative toward him and not talk to him as she believed that older people gossip a lot and reduce productivity. Charles filed a complaint under the Age Discrimination in Employment Act against Dee. In this case, Charles can make a prima facie case for ________.

B) hostile environment

A person who has had gender reassignment surgery is typically referred to as:

B) transsexual C) transgender D) B or C

Hailey and Mia work for Ladybug Meadow, a popular organic farm. Hailey is a born-again Christian, and her colleague, Mia, is a self-proclaimed atheist. Each day Hailey leaves a flyer for her church in Mia's locker and e-mails Bible verses to her. She also invites her to a church service on Sundays, and a Bible study on Wednesdays. Mia asked Hailey to stop weeks ago, but Hailey continues. Mia went to her supervisor, Max, and asked him to become involved in the situation. What should Max do?

C) Ask Hailey to stop the harassing behavior because it could lead to liability for Ladybug Meadow.

Bib's Pizza requires all of its employees to take an extra 10-minute prayer break per shift in a special room that contains a crucifix. Dylan, a Bib's employee, is an atheist and does not pray. He complains to the management because he thinks these breaks are a waste of his time, and he prefers to stay at his station. After he complains, he is fired. Which of the following is most likely to be true in this case?

C) Bib's Pizza is liable for religious discrimination under Title VII of the Civil Rights Act of 1964 if it fails to accommodate Dylan's conflict because atheism is considered a religion for Title VII purposes

According to the Age Discrimination in Employment Act, which of the following individuals can be subjected to compulsory retirement based on age?

C) High-level employees with substantial executive authority who will receive a company pension of $44,000 or more

A(n) ________ is the intentional relinquishment of a known right.

C) waiver

Frozen Tundra Products has a zero tolerance policy on discrimination and harassment based on race, color, gender, national origin, religion, or sexual orientation. The policy states that employees need to treat each other with respect. Aimee, a Frozen Tundra employee, is assigned a project with four other co-workers, including Norb, an openly gay man. Aimee has strong religious beliefs that homosexuality is immoral. She feels that acknowledging Norb in any way would be like accepting homosexuality, which goes against her religion. Thus, she refuses to communicate or work with Norb. How should Frozen Tundra handle this situation?

D) Frozen Tundra should find a way to honor its zero tolerance policy while still respecting Aimee's rights to her religious beliefs. So, for example, it could assign another person to the project team as a buffer between Norb and Aimee, etc

For an employer to be required to accommodate a religious conflict, the employee's underlying belief must be:

D) none of the above

Employers have some flexibility in making workplace policies and decisions related to LGBT employees because:

D) sexual orientation is not a protected category under Title VII of the Civil Rights Act of 1964

Prior to the enactment of the Employee Retirement Income Security Act of 1974 (ERISA), employers could discriminate against employees in a number of ways including all of the following except:

D) termination of the pension plan just after employees vest

The term essential functions of a job, as used in the Americans with Disabilities Act (ADA), best refers to:

D) those tasks that are fundamental, and not marginal or unnecessary, to fulfillment of the job's objectives

Employers must promptly consider an employee's request for accommodation. Factors the courts look to in determining whether the employer has been timely include all of the following except:

D) what the employee did during the delay, i.e., how well did the employee function during the period of the delay

An employer who raises the same-actor defense asserts that:

A) when a worker protected by the Age Discrimination in Employment Act is hired and fired by the same person, there is a permissible inference that an employee's age was not a motivating factor in the decision to terminate

Aiden became Arlene, a female, and soon thereafter had gender reassignment surgery. Prior to the surgery, Aiden was the lead salesperson at Exotic Auto Sales, a high-end car dealership. When Arlene reported to work after her surgery, she found that her hours had been cut and she was reassigned to a desk in the back of the showroom (a less desirable location). When she asked her supervisor about the changes, she was told that Exotic already had too many female salespersons. Arlene filed a claim with the Equal Employment Opportunity Commission (EEOC). Which of the following is a likely result?

B) Arlene can claim gender discrimination under Title VII of the Civil Rights Act of 1964 because it includes gender identity as part of gender discrimination

Tamara and Nate are two applicants for a job. Nate is disabled and requires the use of a wheelchair, and Tamara has no disability. Both are equally qualified for the job. However, the employer chooses Tamara over Nate solely because of the need to modify the workspace if Nate is employed. Which of the following holds true in this scenario?

C) The employer will be liable because it is unlawful to discriminate against a disabled employee just to avoid the obligation to provide a reasonable accommodation.

In deciding whether an employer has made a good faith attempt to accommodate a religious conflict, the EEOC and the courts will look to factors including all of the following except:

C) Did the employee agree to the accommodation?

An employer may require a medical examination of an employee if that examination is job-related and consistent with business necessity. The employer can demonstrate this by all of the following except:

D) It is the most expedient way to determine whether or not the employee's requested accommodation is necessary

In Peterson v. Wilmur Communications, Inc., the employer demoted an employee after he appeared in a newspaper article describing his involvement in a religion that espouses racial separation much like the Ku Klux Klan. In this case, the court determined that the claimant's faith was:

A) a religion under Title VII of the Civil Rights Act of 1964, as unorthodox, and even as repulsive, as it was.

The legalization of same-sex marriage in 2015 corrected a number of benefit inequities for LGBT employees, including:

A) bereavement leave upon the death of an employee's life partner if LGBT

Mona, who works as a waitress at Flop's Pancake House, is seven months pregnant. She is one of 28 employees at the restaurant. Recently, her doctor informed her that she will have a high-risk pregnancy and, therefore, prescribed bed rest. Mona, unable to work for the next few months, asks her employer for time off from work. Mona is:

A) entitled to 12 weeks of unpaid job-protected leave under the Family and Medical Leave Act.

Sexual orientation is different from gender identity in that:

A) gender identity was given protection under Title VII through an EEOC decision, unlike sexual orientation which is not protected under Title VII

In order to accommodate an employee's religion per Title VII of the Civil Rights Act of 1964, an employer:

A) need not previously know of, or have heard of, or approve of the employee's religion.

In a disparate treatment case involving a disabled employee, one of the employer's defenses is to establish that the employment action was taken as a result of the employee's:

A) poor performance.

Roger is a customer service representative at FlyAway Airlines. He confided in one of his co-workers that he tested positive for HIV, but the co-worker spread the news around the office. Soon, several of Roger's co-workers ostracized him and refused to work with him. He was also constantly subjected to verbal abuse by his co-workers. Roger reported these incidents to his supervisor, and his supervisor fired him. Which of the following holds true in this case?

A) Roger has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyAway took an adverse employment action by firing him.

Berta, a critical care nurse at a private hospital, tests positive for HIV during one of the routine health checkups conducted for all hospital employees. Whenever an employee whose job requires them to have direct contact with patients tests positive for a blood-borne disease, the hospital shifts them to a desk job with no change in salary. Berta refuses this arrangement. She requests that the hospital hire a part-time nurse to follow her on her shift and to keep a check on her. The hospital denies this request and fires Berta because of her unwillingness to move to the desk job. Which of the following holds true in this case?

A) Berta's request can be lawfully denied as it represents an undue hardship on the hospital.

One purpose of LGBT support groups in workplaces is to:

A) make workplaces less threatening to the work life of LGBT employees.

Gay Pride Month commemorates the beginning of the modern gay rights movement in:

B) 1969 when riots occurred in New York after police officers raided a gay bar.

An office has a no tolerance sexual harassment policy that includes inclusivity of employees who identify as LGBT. Which of the following would most likely NOT violate the policy?

B) An employee who discussed their sexual orientation

Benny is 57 years old and is employed by the state as a school bus driver. He has an exemplary record, with no accidents in the past 27 years. Tom, aged 31, replaces Benny. Benny intends to file a discrimination claim under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission. If Benny lives in a state that has not waived sovereign immunity, which of the following statements is most likely to be true?

B) Benny cannot file a claim for age discrimination under the ADEA because he is a state employee.

C-Thru, a replacement window company, has strict employee requirements including: be on time for work; take breaks only when specified by your supervisor; follow a dress code including black or khaki pants and a navy blue polo shirt; women must wear natural make-up or no make-up and men must be clean-shaven. Sara, a five-year employee of C-Thru, reports to work one day in full make-up. When confronted by her supervisor over this apparent violation of company policy, Sara explains that she has a new religious belief that requires her to wear full make-up. What should C-Thru do in response?

B) C-Thru should make sure that Sara's belief is sincerely held, but under no circumstances challenge the belief.

T/F Courts have determined that requiring an employee to join a union does NOT violate Title VII, even though joining the union is against his or her religious beliefs.

False

Walden, a pharmacist, informed the pharmacy manager during his job interview that he would not provide contraceptives as it was against his religious beliefs. The pharmacy manager agreed to accommodate Walden by relieving him of the duty of filling birth control prescriptions and taking orders for birth control drugs from customers or physicians. These tasks were assigned to other pharmacists even though they were reluctant to take on additional responsibilities. After starting work, Walden demanded more accommodations. He refused to transfer phone calls from patients seeking contraception, leaving them on hold indefinitely, and he walked away from people who asked for birth control drugs at the pharmacy counter without notifying other staff that those customers needed assistance. The manager then offered to relieve him of counter duty but could not relieve him from telephone duty as the high volume of calls mandated that all employees answer the telephone. Walden refused to accept his role change. As a result, he was terminated. Which of the following is most likely to be true in this case?

B) The manager can show undue hardship in requiring other employees to assume a disproportionate share of the workload.

T/F Employers must adopt policies accommodating LGBT employees in the workplace. It is the right thing to do, and besides non-LGBT employees don't have any real basis for disagreeing with such a policy

False

Which of the following is true of undue hardship as it relates to an employer's accommodation of an employee's religious belief?

C) The concept of undue hardship differs from one employer to another. What might constitute undue hardship for one employer may not constitute undue hardship for another.

T/F Gender identity is another way of referring to sexual orientation.

False

Under the Age Discrimination in Employment Act, which of the following is not one of the elements that an employee must establish to persuade the court that she or he has a claim for age discrimination based on disparate treatment?

D) Age was the only factor considered in the adverse employment decision

Which of the following statements is true of the Age Discrimination in Employment Act?

D) It does not provide protection from reverse discrimination

T/F An employee who has a religious conflict has no duty to assist with their employer's attempt to accommodate the conflict

False

T/F An employer can satisfy the undue hardship requirement with respect to an accommodation of a religious conflict if the employer can show that the accommodation is merely inconvenient.

False

T/F An individual must have an actual disability in order to be protected under the ADA

False

T/F An individual suing their employer under the ADEA may be entitled to pain and suffering or emotional distress in addition to back pay and other money damages.

False

T/F Atheism cannot be considered the equivalent of a religion for the purposes of Title VII (of the Civil Rights Act of 1964).

False

T/F A person who is substantially limited in performing the unique aspects of a single, specific job will be deemed substantially limited in the major life activity of working

False

T/F All transgenders are transsexual, but not all transsexuals are transgender.

False

The Age Discrimination in Employment Act only protects those employees from discrimination who are age ________ or over.

A) 40

Each scenario below illustrates a worker who is terminated or demoted. Which scenario does NOT seem to be covered under the ADEA?

A) Fun Times, a toy company, fires Alan, an employee who just reached age 30, because they feel he is too old to connect with the toy market.

Phil, who works as a staff manager at Holiday Inn, has a minor blood clot in his brain and thus goes on an extended 14 weeks of leave for his surgery. However, he is not able to completely recover within 14 weeks and asks Holiday for an additional two-week leave to recuperate. Holiday informs him that his position might no longer be available when he returns from his extended leave, and Phil agrees. Which of the following holds true in this case?

A) Holiday is obligated under the Americans with Disabilities Act to find a vacant position for Phil at an equivalent level or, if not available, at a lower level when he returns.

How will the Employment Nondiscrimination Act (ENDA) affect Title VII of the Civil Rights Act of 1964 if enacted?

A) It will extend Title VII's coverage to include discrimination on the basis of sexual orientation and gender identity.

Marissa is 57 and has been a store manager for Lasalle Corp., a retail store, for 10 years. Lasalle plans to project a more youthful image to its customers. As a result, Marissa gets demoted to an inventory manager role, which requires no customer contact. Marissa files a complaint with the Equal Employment Opportunity Commission. Following the complaint, Marissa gets fired. Which of the following statements is most likely to be true in this case?

A) Marissa's age discrimination claim is not actionable if her demotion was based on poor performance, but she has an actionable claim based on unlawful retaliation.

Employees at Clearwater Plumbing Supplies Inc. asked the management to hold an election to determine which radio station would be played on the warehouse public address (PA) system while they are at work. The winning station was a Christian music show. After a few weeks of having exclusively Christian music played over the loudspeakers at work, some employees complained to the management that it was religious discrimination. The management stopped playing music on the PA system and allowed employees to wear headsets or have small radios at their workplace. Arturo, a devout Christian, was extremely disappointed by this change and brought a complaint under Title VII of the Civil Rights Act of 1964. Which of the following is most likely to be true in this case?

B) Arturo cannot show disparate treatment because prohibiting a certain kind of music at work, even that which has been approved by a majority employee vote, is not an adverse employment action.

Leslie, a nurse practitioner at Flower Hospital, suffers from a condition that causes her to have periodic severe headaches that could last anywhere between a couple of hours to a few days. There is no cure for the condition, and her pain is managed with medication that makes her drowsy. Normally, without a headache, Leslie is active and productive. Her request to work on a flextime basis is denied by the hospital because it would be impossible to prepare a schedule for her department without being sure whether she will be able to work or not. Which of the following holds true in this case?

B) Flower Hospital is not liable under the Americans with Disabilities Act because Leslie's erratic, unexplained absences are not protected even if they are due to a disability.

Regina works as a stock clerk at The Store. She has been shortlisted to be promoted as a merchandise manager. During her promotion interview, she reveals to the interviewer that at some point in the next 10 months, she will need to undergo surgery to remove a tumor from her vertebrae and that even if the surgery is successful, her movement after the surgery could be severely limited. In her new job, however, Regina will have to frequently travel between the warehouse and the store and move around the store to ensure that the merchandise is displayed and placed properly. Which of the following holds true in this case?

C) Even though it appears that the surgery may result in Regina being not otherwise qualified for the new job, The Store may not decline to promote her to the new job if she is qualified at the time of the interview

Family-friendly work-life programs and benefits for same-sex couples:

C) are desirable because homosexual parents are as likely to have a stay-at-home partner as heterosexual parents.

Logan is a midlevel manager at Oranges Inc. When she turns 60, her company forces her to take mandatory retirement in exchange for an annual pension of $40,000. Logan decides to file an age discrimination suit against Oranges. Which of the following statements is true in this case?

D) Logan will most likely win because it is illegal for companies to subject midlevel managers to mandatory retirement

Peter works as a machine operator at KB Industries. One day, while getting a machine started, Peter slips and falls from a ladder and breaks his elbow. Which of the following holds true in this case?

D) Peter will be covered under workers' compensation if he is able to prove that his injury arose out of or in the course of his employment.

Cara has been a customer service associate at Dalton Department Store for 10 years. Her role involves providing assistance to customers in the store. She converts to Islam and reports to work wearing a hijab, which is a full-body cloak with a small mesh-like screen to see through. Her employer tells her that wearing a hijab violates the company's dress code for her job profile and asks her to change her attire. Cara refuses to oblige. Her employer, after much deliberation, informs her that she can continue to work in the customer service department and provide assistance over the telephone—a role that requires no face-to-face interaction with a customer. This role change is offered to her without any reduction in pay or other benefits. Which of the following is most likely to be true in this case?

A) Dalton Department Store is not liable under Title VII of the Civil Rights Act of 1964 because Cara was offered a reasonable accommodation that allowed her to retain her employment

Janet was severely burned in a house fire when she was a child. She has extensive disfiguring burn scars on her face and neck. She applied for the position of a cashier at Grocery Corner and was not hired, despite her qualifications, because the employer feared that customers would be repulsed by Janet's scars. Which of the following would be the most likely outcome if Janet files a discrimination claim under the Americans with Disabilities Act?

A) Grocery Corner will be liable under the Americans with Disabilities Act (ADA) because of its perception that Janet was disabled even though she was perfectly capable of performing the job.

Harry worked for VF Delivery Service for 35 years. His job included loading trucks, driving trucks to residential and commercial locations, and handing over items to the recipient. He is 60 years old and was fired recently. He claimed age discrimination under the Age Discrimination in Employment Act. VF Delivery Service will prevail if it can show that:

A) Harry no longer has 20/20 vision, which is required to safely drive the trucks

Prices Rite, a discount store, employs a number of individuals to work in its warehouse area, and to keep the shelves stocked with product. To maintain a safe atmosphere for all employees, Prices established requirements for personal protective equipment both in the warehouse and on the store floor. While in the warehouse, employees must wear hard hats, steel-toed safety shoes, and protective gloves. While stocking the sales floor, employees are required to wear only the steel-toed safety shoes and protective gloves (for frozen products only). Harjit, a practicing Sikh, works for Prices and is subject to the safety requirements. Harjit complies, except that he often does not wear the hard hat because he doesn't want to cover his turban. Harjit received several disciplinary charges for failure to wear the hard hat, and ultimately was terminated. Harjit filed a case under Title VII in which he alleged discrimination based on religion. What is the most likely outcome in this case?

A) Prices may win if there was no available alternative to dismissal that did not cause undue hardship.

Shayna, a Jewish woman, applied for a baker's job with the Golden Crust Bakery. After she was hired, Shayna told her manager at Golden Crust that she could not work on Friday night because the Sabbath begins on Friday night. The manager replied that she was the only Jewish baker, and all of the other bakers work on Friday night. He also added that she would be fired if she refused to comply with company policies. Which of the following is most likely to be true in this case?

A) Shayna has a claim for religious discrimination because Golden Crust failed to make an attempt to reasonably accommodate her religious practice.

Scott Murphy was hired as a software engineer by Oberon Technology's Chief Computer Scientist Alicia Monroe. He was 46 at the time he was hired. He worked for the company for five years and was terminated by Alicia for poor performance. Scott filed a claim for age discrimination. Which of the following defenses is most likely to be used by Alicia in this case?

A) The same-actor defense

Paul is being subjected to severe, pervasive, and unwelcome sexually harassing behavior from his supervisor, Greg. Can Paul bring a suit against Greg for sexual harassment under Title VII of the Civil Rights Act of 1964?

A) Yes he can because Title VII prohibits same-gender sexual harassment.

As was introduced through the 1972 amendments to Title VII (of the Civil Rights Act of 1964), the term religion:

C) includes all aspects of religious observance and practice, as well as belief, that do not cause undue hardship to the employer.

Jaques is a customer relationship executive at a bank. He enjoys wearing makeup. One day, he wears makeup to work, causing quite a stir. It is also a violation of bank's dress code. He disobeys a direct order from MaryAnne, his supervisor, to remove the makeup, whereupon he is terminated. In this scenario, Jaques' termination:

C) is not actionable under Title VII of the Civil Rights Act of 1964.

The ADEA requires that employers maintain certain information for employees and applicants for a period of three years. This information includes:

C) post-secondary education (i.e., schools attended, degrees earned, etc.)

Eric is a public employee. He is subjected to discrimination at work after a few co-workers learn that he is gay. If he files a sexual orientation discrimination claim, it could be based on:

C) the Equal Protection Clause of the U.S. Constitution.

An important purpose of LGBT job fairs is to:

B) ensure that LGBT employees would be able to seek employment opportunities in settings in which they would be comfortable.

An employee may successfully sue for religious discrimination on the basis of all of the following except:

C) the employee refuses to pay employment-based taxes because they believe that the government does not have the right to collect them

Debbie is a kindergarten assistant at Atkins' Elementary School. Since Debbie suffers from obesity, she is not able to use the chairs provided for teachers in the kindergarten rooms. Debbie requests a different chair, but her employer refuses. Debbie is protected under the Americans with Disabilities Act (ADA) only if:

B) her obesity is due to a physiological condition

Once an employee puts forth a prima facie case of disability discrimination, the burden shifts to:

C) the employer to establish a legitimate non-discriminatory reason (LNDR) for the employment action

Belinda's religion prohibits paying union dues. She was recently hired as a truck driver by Open Highway Transportation, Inc., where all of the drivers belong to an union and all newly hired drivers are required to join it within 90 days of accepting employment. Belinda refuses to join the union and asks that the requirement be waived for her. The union refuses and requests that Open Highway terminate Belinda. She will not be entitled to accommodation of her religious beliefs:

C) if the union can establish undue hardship by showing that Belinda's request was part of a widespread refusal to pay union dues.

In order to establish that a requested accommodation constitutes an undue hardship on an employer under the Americans with Disabilities Act (ADA), it must be shown that the accommodation will:

C) impose a significant obligation on the part of the employer

Roberts Brothers terminates Anwar, a homosexual employee of Middle-Eastern descent. Anwar believes that his termination was unlawful. Which of the following is true in this scenario?

B) Anwar may have a claim for relief under Title VII of the Civil Rights Act of 1964 because of his Middle-Eastern ethnicity.

Carlton, who is 22 years old, is employed as a security officer at My-T Security Corp., which is a private firm. The manager of My-T Security intends to retain employees who are older as he feels that they are likely to perform better. He fires Carlton and replaces him with Sandy, who is 54 years old. Which of the following statements is most likely to be true in this case?

B) Carlton cannot file an age discrimination suit against My-T Security as reverse discrimination is not covered under the ADEA.

Roberto operates True Style, a clothing store that markets its products to lesbians. Jeff applies for a sales job at the store. He has extensive experience in the field of apparel retailing. Roberto rejects Jeff's application on the basis that the company is looking for qualified individuals who are lesbians to fill the position. Jeff files a complaint under Title VII of the Civil Rights Act of 1964. Which of the following holds true in this scenario?

B) Jeff may have a claim on the basis of sex or gender discrimination.

Lucas experiences extensive verbal abuse and teasing at work because he stutters. Lucas wants to file a complaint of workplace harassment under the Americans with Disabilities Act (ADA). Which of the following holds true in this case?

B) Lucas can bring a claim for workplace harassment under the ADA if he can show that his speech impediment and stuttering affect a major life activity or if he is regarded as disabled

Gibraltar Foods Inc. and Thomas' Foods Inc. merge to form a new corporation known as T-G Foods Inc. In the process of consolidating the business, the management decides that a reduction in force is necessary to avoid the duplication of positions and to streamline the running of the new company, thereby lowering the operating costs. Peter is a production manager, and his job is eliminated. He is 51 years old and believes that he was targeted because of his age. Which of the following statements is most likely to be true in this case?

B) T-G Foods can defend the claim for age discrimination if it can provide a reasonable factor other than age for Paul's termination.

As a defense to an ADEA claim, employers may establish a defense based on reasonable factors other than age (RFOA defense). In determining the reasonableness of the employment practice, the courts will look to all of the following except:

B) The extent to which the individuals in the protected group contribute to the success or failure of the business.

In a disparate impact ADA case, an employer can defend with a claim of business necessity. This involves all of the following except:

B) The qualification that is complained of is consistent with business necessity

Javier, a sales representative at a company that supplies frozen foods to supermarkets, is required to travel to the stores to meet their managers and view their inventory. After a recent road accident, Javier's left hand became severely impaired and only his right hand is functional. Javier requests that the company install a one-hand driving system, costing $35,000 to $45,000, in one of its minivans so that he can drive it. Based on the size and financial position of the company, this cost is more than it can afford. The employer should convey to Javier that:

B) it cannot make the requested accommodation due to undue hardship but ask him whether he is willing to pay a portion of the cost that will be incurred in making the accommodation.

The ADEA requires employers to maintain information about employees, both temporary and regular, for a period of one year. This information includes all of the following except:

B) posted notices concerning employee birthdays, work anniversaries, and other celebratory events

If an individual claims associational disability under the ADA, he or she must demonstrate one of the following, except:

B) the employer fears that other employees may contract the disability

In the event of a reduction in force, age discrimination is most likely to be proven where:

B) the employer hires younger workers when the jobs become available after an employee was discharged at the prior salary of the older worker.

In the "same actor" defense, the court reasons that there is no violation of the ADEA in dismissing a worker because:

B) the same actor both hired and fired the worker, so age was likely not the motivating factor

Melissa is an employee at Conway Chemical Corporation, which allows its employees to use its conference room for club meetings, such as a knitting club or book club. Melissa requests to use the conference room for prayer meetings on Wednesday mornings before her shift starts. Her request is turned down. Which of the following is most likely to be true in this case?

C) Conway has increased its risk for a claim for religious harassment because Melissa is not given comparable opportunities to use Conway's time and resources for religious practices as others are given for secular reasons.

In 1997, President Clinton issued some guidelines for the religious freedom of federal employees. These guidelines encompass all of the following, except:

C) In public work areas, employees should be able to engage in their private religious expression to the same extent that they would engage in nonreligious expression

Laura Mills is 55 years old. She has been employed with PilotCo Corp. for 17 years. She was offered early retirement and asked to sign a waiver of her right to file a claim under the Age Discrimination in Employment Act. Laura was given 21 days to review the waiver and sign it. Laura was out of work due to illness for 17 days. She signed the waiver when she reported for work after being reminded that she only had four days left to make a decision. Several days later, Laura changed her mind and decided to file a claim for age discrimination. Which of the following statements is most likely to be true in this case?

C) Laura can file the claim for age discrimination because the waiver did not comply with the requirement specifying that each employee be given 45 days to review the waiver.

Laura, a lesbian, is employed by Ohio Construction as a welder. Laura's co-workers did not know that she is a lesbian. She was frequently subjected to verbal abuse by her male co-workers who think that welding is a man's job. Laura is called inappropriate names, and is exposed to nude pictures of women on the walls. When she complains to her supervisor, she is told to ignore such behavior and focus on her work instead. Laura eventually quits her job. Which of the following holds true in this scenario?

C) Laura has a discrimination claim under Title VII because she was subjected to sexual harassment.

Charity Hospital has 20 Muslim employees in its maintenance department. The hospital has a designated room in the basement for its Muslim employees to follow their practice of praying five times a day. Muhammad, a new employee, refused to use the room in the basement because he felt it degraded his religion. He instead used the visitors' waiting room on the third floor to pray in spite of his supervisor asking him not to pray there. Consequently, he was fired. Which of the following is most likely to be true in this case?

C) Muhammad does not have a claim for religious discrimination because he had a duty to cooperate in the accommodation

At the law firm of Olde & Waize, it is the receptionist's job to coordinate a monthly birthday celebration, which includes ordering and picking up a cake, putting up birthday flyers, setting up the break room, and cleaning the break room after the party. Harold, the new receptionist, informs Ms. Olde that he cannot coordinate birthday celebrations because his religion does not believe in them. Which of the following is the most reasonable way to accommodate Harold's conflict without causing undue hardship?

C) Olde & Waize can have Harold set up and clean up the break room, similar to what would be done for any other event or meeting with food, while assigning other willing employees to order and pick up the cake and put up birthday flyers.

Oscar McPhee is the senior vice president of DP Pharmaceuticals Corp. he receives a salary of $249,000 plus bonuses and stock options. Oscar is notified by the HR department that he will have to retire when she turns 65 next year and that he will receive an annual pension of $86,000. He feels it is unfair because his division met or exceeded all of its goals last year, and he is as productive as he has ever been. Which of the following statements is most likely to be true in this scenario?

C) Oscar cannot file a complaint under the ADEA because he has substantial executive authority, and he will be 65 at the time of retirement and receive a company pension of more than $44,000.

Sally is a cashier at Local Goods, a large regional grocery store. To track time and attendance, Local Goods requires its cashiers to sign in and out at the cash registers using a biometric hand scanner. This allows Local Goods to determine hours worked, break times, etc. Sally is an Evangelical Christian and objects to use of the biometric hand scanner. In spite of having alternate procedures in place for cashiers who are not able to use the hand scanners due to physical limitations, Local Goods refuses to allow Sally to use an alternate method to sign in and out. After several weeks of noncompliance, and complaints from Sally that her paycheck is incorrect, she is terminated for failure to follow company policy. Sally brings a lawsuit alleging religious discrimination. What is likely to be the result in this case?

C) Sally will likely win because she can demonstrate that the conflict is created by a deeply held religious belief that was reported to the employer, and she was terminated as a result.

Deana was asked to provide information to support her friend, Toby who was denied a reasonable accommodation based on a disability. Deana complied, and the employer was found liable for not providing the reasonable accommodation. Later that week, Deana was demoted to a lower-paying position within the company. To prove retaliation, Deana must be able to show all of the following, except:

C) Toby was ultimately found to be disabled under the ADA, and entitled to reasonable accommodation

Porter seeks reasonable accommodation for a religious practice unique to the Heavenly Masters religion. Porter's employer has never heard of such a religion. In order to determine whether Porter's demand for accommodation is truly based on religion, his employer must determine whether Porter's:

C) belief is closely held, and whether it occupies the place of religion in his life.

Carrie is a lesbian who worked as a teacher and a part-time administrative coordinator at a public school for 14 years. Loren, a student, discovered that Carrie was a lesbian and informed her mother. Loren's mother raised the issue with the school's principal, after which Carrie was asked to stop teaching, though she was allowed to continue as an administrative coordinator in the same school. In this scenario, Carrie:

C) can file a suit based on the Equal Protection Clause of the U.S. Constitution because she is a local government employee.

LGBT individuals who do not openly disclose their sexual orientation to others are known as:

C) closeted

Qiang, an Asian employee working at Rapid Fire Inc., is terminated on the grounds that he is homosexual. He wants to file a discrimination claim against his employer. Qiang may have a valid claim under Title VII of the Civil Rights Act of 1964 if he can show that:

C) his employer did not terminate homosexual employees from other races.

A private-sector employer is permitted to offer domestic partner benefits to unmarried heterosexual couples and homosexual couples:

C) if the employer wishes to harvest the benefits of a diverse workplace.

If an employee-plaintiff proves that the employer-defendant willfully violated the Age Discrimination in Employment Act (ADEA), then the court is also allowed to award liquidated damages:

C) in an amount that is equal to unpaid wage liability.

All of the following are considered prohibited discrimination under Title VII except:

C) the harassee is lesbian and the harasser is calling her a "dyke"

Gotam, a devout Hindu, was employed as a waiter by Daffodil & Chrome Restaurant, a popular location for banquets. On a day when a banquet was held for VIPs, he turned up for work with a religious symbol, applied using sandalwood paste, on his forehead. When confronted about this by the manager, Gotam claimed that the symbol was a sign of good luck in Hinduism, and he had informed the management of his religious belief at the time of joining. The manager at Daffodil & Chrome fired him. Gotam can show a prima facie case by establishing that:

C) the practice of placing the symbol on his forehead is part of his religion, he had earlier informed Daffodil & Chrome about his religious conflict, and he was disciplined for not complying with the employment requirement.

The Older Workers Benefit Protection Act (OWBPA) requires that a signed waiver of an employee's rights to file a claim under the ADEA be "knowing and voluntary". To be considered "knowing and voluntary", the waiver must satisfy each of the following requirements except:

C) the waiver must be signed in the presence of two independent witnesses and a notary public.

Ross, a homosexual male, refuses to award Martin, a heterosexual, a well-deserved promotion at work unless Martin agrees to get physically intimate with him. Martin refuses and is not promoted. Martin brings a claim of sexual harassment against Ross on the grounds that Martin conditioned the promotion of the men in his department on the granting of sexual favors but did not similarly condition the promotion of the women in his department. Which of the following will hold true in this scenario?

D) Martin can proceed with a claim under Title VII of the Civil Rights Act of 1964 based on same-gender sexual harassment but not with a claim based on sexual orientation

Leland applies for a position as a fundraiser in the Alumni Relations Department of Wayne College. During the interview, he mentions to Callie, the director of the Alumni Relations Department, that his wife has just been diagnosed with leukemia. In spite of Leland having eight years of fundraising experience, he is denied the job. Which of the following holds true in this case?

D) Leland has an associational discrimination claim under the Americans with Disabilities Act if he can prove that the employer assumed his performance would be impaired because of his association with a disabled person

Lend Co. accidentally discovered that one of its employees, Dana, is an alcoholic. Her manager realized that Dana's alcoholism must be the reason for her absenteeism. To help Dana overcome her alcoholism, the employer provided her with counseling services and also asked her to make a firm choice between treatment and discipline. Lend Co. also offered outpatient treatment, and Dana participated in the program without success. When all of these efforts failed, Lend Co. offered to provide inpatient treatment, and Dana refused. Lend Co. fired Dana. According to the courts:

D) Lend Co. is not liable under the Americans with Disabilities Act because it offered a reasonable accommodation, and Dana refused

Rob works at Corner Gym as the office secretary. His male co-workers are all trainers and fitness specialists. They refer to Rob as a "pretty man" because he does not lift weights, and they routinely call him "Roberta." They sometimes even go to the extent of imitating the way he walks and behaves and telling him that he acts like a girl. Rob is very disturbed because of the way he is treated at work. Which of the following holds true in this scenario?

D) Rob has a valid claim under Title VII because it prohibits same-gender sexual harassment.

LaTonya joins the Freewill Church, and as a member, she is not allowed to wear pants. Her employer, Salo's Seafood, requires all employees to wear coveralls provided by the company for safety reasons. Although LaTonya wore the uniform prior to joining the church, she now refuses to wear the coveralls. She explains to Sal, the owner of the restaurant, that wearing pants is against her beliefs. Sal makes an exception in her case and allows her to wear knee-length boots with a protective jacket, but LaTonya refuses to wear the boots. Sal fires her for insubordination. Which of the following holds true in this case?

D) Sal is not liable for religious discrimination because he made an effort to reasonably accommodate LaTonya's religious practice

Carrie, aged 59, is employed as a makeup artist with a local department store. The company hires a new manager, Roger. Roger fires Carrie and gives her job to Kellie, aged 42. Under the Age Discrimination in Employment Act, Carrie:

D) has a valid claim even though her replacement is a member of the protected class.