Business Law Chapter 17 - True/False
A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay. a. True b. False
False
A plaintiff who proves unlawful discrimination may be awarded reinstatement, back pay, but not retroactive promotions. a. True b. False
False
Constructive discharge is a theory that plaintiffs can use to establish only certain types of discrimination claims. a. True b. False
False
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. a. True b. False
False
Employers can require employees to participate in religious activity. a. True b. False
False
Federal law does not prohibit employers from engaging in gender-based wage discrimination. a. True b. False
False
Intentional discrimination is known as disparate-impact discrimination. a. True b. False
False
Mere fear of litigation is a sufficient reason for an employer to engage in reverse discrimination. a. True b. False
False
Sexual harassment occurs only if sexual favors are demanded of an employee. a. True b. False
False
State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act of 1967. a. True b. False
False
State employers are not immune from private suits brought by employees under the Americans with Disabilities Act of 1990. a. True b. False
False
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 a. True b. False
False
There is no cap on damages for discrimination in violation of the Civil Rights Act of 1964. a. True b. False
False
Title VII of the Civil Rights Act of 1964 does not apply to employers with fifteen or more employees. a. True b. False
False
Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination. a. True b. False
False
Under Title VII of the Civil Rights Act of 1964, most private firms are required to implement affirmative action policies. a. True b. False
False
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." a. True b. False
False
Under the Americans with Disabilities Act of 1990, an employer must hire unqualified applicants who have disabilities. a. True b. False
False
A tangible employment action is a significant change in employment status or benefits. a. True b. False
True
An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action. a. True b. False
True
An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a business necessity. a. True b. False
True
Employee demotion will support a finding of constructive discharge, particularly when the employee was subjected to humiliation. a. True b. False
True
Employers cannot treat their employees more or less favorably based on their religious beliefs or practices. a. True b. False
True
Employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship. a. True b. False
True
Federal law prohibits employers from classifying jobs as male or female. a. True b. False
True
Gender can be a bona fide occupational qualification. a. True b. False
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. a. True b. False
True
Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof. a. True b. False
True
Protection against discrimination under the Civil Rights Act of 1964 extends to individuals who are sexually harassed by members of the same gender. a. True b. False
True
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. a. True b. False
True
The Civil Rights Act of 1964 prohibits discrimination against job applicants on the basis of national origin. a. True b. False
True
The rights of employees to bring discrimination claims against their employer as a group, or class, is limited. a. True b. False
True
Under the Age Discrimination in Employment Act of 1967, the plaintiff must show that unlawful discrimination was the reason for an adverse employment action. a. True b. False
True
When a job requirement excludes members of a protected class from an employer's workforce at a substantially higher rate than nonmembers, discrimination occurs. a. True b. False
True
When the harassment by co-workers creates a hostile working environment, an employee may have a cause of action against the employer. a. True b. False
True
