ch 16
160. Jim Crow laws were federal and state laws that: (A) supported, and even required, racial segregation and labor market discrimination (B) restricted racial segregation and labor market discrimination (C) restricted unions' ability to discriminate based on sex (D) restricted unions' ability to discriminate based on race (E) none of the other choices are correct
(A)
165. The Equal Pay Act of 1963 was: (A) the first federal employment discrimination statute (B) the most recent federal employment discrimination statute (C) the first state employment discrimination statute (D) a major setback for supporters of antidiscrimination legislation (E) none of the other choices are correct
(A)
297. Lucy is the only woman in the police department. Some co-workers make insulting comments about her looks: they display pornographic materials in the offices: and harass her while she is working. After putting up with this for a year, Lucy quit in disgust. She may sue under Title VII based on: (A) constructive discharge (B) remedial standards (C) bona fide occupational qualification (D) disparate impact (E) remedial standards and disparate impact
(A)
404. In U.S. v. Paradise, involving the hiring of black troopers by the Alabama highway patrol, the Supreme Court: (A) affirmed a hiring goal on promotions, as long as qualified black candidates were available (B) agreed that the remedy proposed by the lower court was discriminatory to whites (C) reversed the lower court's hiring quota based on race remedy as being too vague (D) held that applicants scoring highest on employment tests must be hired regardless of race (E) none of the other choices
(A)
421. The Americans with Disabilities Act applies to employers with: (A) fifteen or more employees (B) twenty or more employees (C) twenty-five or more employees (D) fifty or more employees (E) all employers, regardless of the size of their workforce
(A)
376. Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be? (A) picking models for clothing on the basis of sex (B) picking nurses on the basis of race in hospitals that have mostly black or white patients (C) picking topless waitresses on the basis of sex (D) all of the specific choices would all be illegal (E) all of the specific choices would all be legal
(B)
213. Title VII restricts discrimination based on: (A) appearance (B) experience (C) national origin (D) attitude (E) education
(C)
181. Which of the following is an amendment to the Civil Rights Act of 1964: (A) the Equal Employment Opportunity Act of 1972 (B) the Pregnancy Discrimination Act of 1978 (C) the Civil Rights Act of 1991 (D) all of the other specific choices are amendments (E) none of the other specific choices are amendments
(D)
285. Under federal law, if a person wishes to file a discrimination charge they must: (A) file the charge within 10 days of an alleged discriminatory event (B) file the charge within 18 days of an alleged discriminatory event (C) file the charge within 60 days of an alleged discriminatory event (D) file the charge within 180 days of an alleged discriminatory event (E) there is no time limit for filing a discrimination charge
(D)
418. The Americans with Disabilities Act was passed in: (A) 1964 (B) 1973 (C) 1978 (D) 1990 (E) 1996
(D)
436. In Keith v. County of Oakland, where the County refused to hire Keith as a swimming lifeguard because he is deaf, and he sued for disability discrimination, the appeals court held that: (A) had no suit because being deaf is not a disability (B) was disabled but incapable of doing the job, so had no cause of action (C) was disabled and the County must find another position he is capable of performing (D) was disabled and the County did not properly consider his ability to perform (E) none of the other choices
(D)
439. Under the Americans with Disabilities Act, a person is "regarded as" having a disability if which of the following conditions is true: (A) the person has a physical or mental impairment that does not substantially limit major life activities but is treated by the covered entity as constituting such limitation (B) the person has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment (C) the person has no impairment but is treated by a covered entity as having a substantially limiting impairment (D) all of the other specific choices are correct (E) none of the other specific choices are correct
(D)
168. The Equal Pay Act: (A) prohibits pay discrimination on the basis of age (B) prohibits pay discrimination on the basis of sexual orientation (C) prohibits pay discrimination on the basis of seniority (D) encourages pay discrimination on the basis of nationality (E) none of the other choices are correct
(E)
170. Under the ____, it is illegal to pay men and women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions (A) Equal Conditions Act (B) Equal Compensation Act (C) Common Wage Act (D) Civil Rights Act (E) none of the other choices are correct
(E)
171. It is illegal to pay men and women employees different wages when their jobs require which of the following: (A) equal skill (B) equal effort (C) equal responsibility (D) the same working conditions (E) all of the other specific choices are correct
(E)
172. The Equal Pay Act allows differences in wages between men and women employees if the differences are due to: (A) a system that measures earnings by quantity produced (B) a merit system (C) a seniority system (D) a system that measures earnings by quantity produced or a merit system (E) a system that measures earnings by quantity produced or a merit system or a seniority system
(E)
190. Title VII applies to regular private employers: which of the following does it not apply to? (A) labor unions (B) employment agencies (C) government agencies (D) it does not apply to any of the other specific choices (E) it applies to all of the other specific choices
(E)
191. Title VII of the Civil Rights Act applies to which of the following: (A) private employers with 15 or more employees (B) employment agencies (C) labor unions in the private sector (D) labor unions in the public sector (E) Title VII applies to all of the other specific choices
(E)
194. Title VII of the Civil Rights Act applies to which of the following: (A) private employers with 15 or more employees (B) employment agencies (C) labor unions in the private sector (D) law firms (E) Title VII applies to all of the other specific choices
(E)
195. Under Title VII, a protected class may be composed of people who share the same: (A) race (B) gender (C) religion (D) national origin (E) all of the other choices
(E)
198. Under Title VII, officially recognized racial classes include: (A) whites (B) Native Americans (C) Hispanics (D) whites and Native Americans (E) whites, Native Americans and Hispanics
(E)
200. Which is not an officially recognized racial group under Title VII: (A) Hispanics (B) Asians (C) whites (D) Native Americans (E) all of the other choices are recognized
(E)
203. A black and a white employee committed the same offense. The black employee was disciplined but not fired, the white employee was fired. The Supreme Court held that this treatment was: (A) legal under Title VII (B) proper, since under Title VII minorities may be given preferential treatment (C) proper if the employer had an affirmative action program to favor black employees (D) proper since whites are not protected by Title VII and, therefore, cannot claim protection (E) none of the other choices
(E)
249. Where there is a promise of a reward, such as promotion or pay raise, for providing sexual favors being demanded is called: (A) bona fide impact (B) impact favoritism (C) differential favoritism (D) differential standard (E) none of the other choices
(E)
251. An example of quid pro quo sexual harassment would be: (A) discussing sexual activities at work (B) commenting on the physical attributes of another worker (C) saying demeaning things about women (D) showing sexually explicit photos (E) none of the other choices are specific to quid pro quo harassment
(E)
260. In Harris v. Forklift Systems, a woman claimed that the behavior of her boss was illegal sexual harassment. The Supreme Court applied which standard to the case? (A) the merely offensive standard (B) the psychological trauma standard (C) the offensive utterance standard (D) the physical harm standard (E) none of the other choices
(E)
262. In Harris v. Forklift Systems, a woman sued her employer based on the conduct of her male boss. The Supreme Court described the hostile work environment standard as: (A) taking an extreme position where the employee must be physically prevented from working for Title VII to apply (B) taking an extreme position where the offender need only make a causal comment that could possibly be taken as sexual harassment for Title VII to apply (C) useless in this case (D) requiring at least a year of abuse before Title VII applied (E) none of the other choices are correct
(E)
270. Under the Age Discrimination in Employment Act employers: (A) are not prohibited from cutting the health care benefits of employees over the age of 65 (B) are prohibited from discriminating in employment against persons only over age 65 (C) are prohibited from discriminating in employment against persons under age 21 (D) may discriminate on the basis of age only if customers of the firm would object to the older employees (E) none of the other choices
(E)
272. The Age Discrimination in Employment Act: (A) prohibits discrimination against men over age 40 (B) prohibits discrimination against women over age 40 (C) applies to employers with 20 or more employees (D) prohibits discrimination against women over age 40 and applies to employers with 20 or more employees (E) prohibits discrimination against men and women over age 40 and applies to employers with 20 or more employees
(E)
283. A plaintiff claims age discrimination. At trial there is a split in the testimony. The plaintiff and a couple other workers give evidence of discrimination. The defendant has employees who testify that there was no discrimination and that the plaintiff was incompetent. In such instances: (A) Title VII requires "clear and convincing" evidence for plaintiff to win (B) federal civil procedure requires that plaintiff have "clear and convincing" evidence to win (C) the judge must remove the case from the jury and make the determination under the guidelines set by the Supreme Court (D) the jury must find for the plaintiff if he or she has shown a prima facie case (E) none of the other choices
(E)
288. If the EEOC investigates a discrimination claim and finds no reasonable cause: (A) it will fine the plaintiff (B) it will pass the charge on to the Supreme Court (C) it will fine the employer, but not send the case to court (D) it will issue a right to sue letter (E) none of the other choices are correct
(E)
290. If an investigation of a discrimination charge is not settled by the EEOC working with the employer and complaining employee, to carry the case further, the: (A) employee files suit against the employer with an EEOC administrative law judge (B) EEOC investigator files suit against the employer with an EEOC administrative law judge (C) EEOC turns the case over to the Department of Justice for possible prosecution (D) the complaint is dead because the EEOC would carry it no further (E) none of the other choices
(E)
291. The laws against discrimination in employment cover which of the following areas: (A) hiring (B) promotion (C) transfers (D) discipline (E) all of the other specific choices are correct
(E)
292. The laws against discrimination in employment cover which of the following areas: (A) pay raises (B) benefits (C) termination (D) discipline (E) all of the other specific choices are correct
(E)
302. Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal: (A) BFOQ (B) dissolute impact (C) paternalism discrimination (D) regional differences discriminations (E) none of the other choices
(E)
342. Disparate impact discrimination cases are ____ than disparate treatment cases. (A) equally complex and more common (B) more complex and more common (C) less complex and more common (D) less complex and less common (E) none of the other choices are correct
(E)
350. In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that: (A) such tests of strength are discriminatory against women, so are illegal as disparate impact (B) such tests of strength are part of a bona fide occupational qualification, so are legal (C) the test was used as a form of harassment toward women (D) the test used here was a good predictor of ability to do the job, so it was legal (E) none of the other choices
(E)
352. In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that: (A) since the company could convincingly show that the test was sufficiently related to safe and efficient job performance, it was not discriminatory and not illegal (B) since the company could not convincingly show that the test was sufficiently related to safe and efficient job performance, it was discriminatory and illegal (C) it was discriminatory for the company to suggest that men are stronger than women (D) the test was discriminatory because women had to lift heavier weights than men (E) none of the other choices are correct
(E)
383. Remedies for victims of unlawful discriminatory employment practices cannot include: (A) back pay (B) artificial seniority (C) attorney's fees (D) back pay and attorney's fees only (E) all of the specific choices are possible
(E)
432. Which of the following is NOT an example of a disability covered by the Rehabilitation Act and the Americans with Disabilities Act: (A) a severe disfigurement (B) blindness (C) deafness (D) a history of heart attacks (E) all of the other specific choices are protected
(E)
449. It is illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions: (A) do you have AIDS? (B) have you ever been treated for mental health problems? (C) have you ever been treated for drug addiction? (D) are you an alcoholic? (E) all of the other specific choices are illegal
(E)
192. Title VII of the Civil Rights Act does not apply to which of the following: (A) business relationships (B) employment agencies (C) labor unions in the private sector (D) law firms (E) Title VII applies to all of the other specific choices
(A)
193. Title VII of the Civil Rights Act does not apply to which of the following: (A) selection of independent contractors (B) employment agencies (C) labor unions in the private sector (D) law firms (E) Title VII applies to all of the other specific choices
(A)
205. The preferential treatment of members of protected classes is: (A) reverse discrimination (B) irrational discrimination (C) legal discrimination (D) equalizing discrimination (E) guilt-driven discrimination
(A)
207. Employers may legally see to it that more minorities or women are hired without committing reverse discrimination if: (A) minorities or women are underrepresented in a certain job category (B) minorities or women comprise more than 75% of the company (C) there is a union for the unprotected classes of workers (D) the minority or female candidates are less qualified than the candidates from unprotected classes (E) none of the other choices are correct
(A)
211. Under Title VII, color refers to: (A) the shade of a person's skin (B) a person's race (C) a person's national origin (D) a person's sexual orientation (E) none of the other choices are correct
(A)
215. Under Title VII, national origin refers to: (A) the country where a person is born or the country from which his or her ancestors came (B) the country where a person lives (C) the color of a person's skin (D) the religion of a person's ancestors (E) the country a person most recently lived in
(A)
223. Which of the following is one of the most common claims of religious discrimination in the workplace: (A) the employer will not allow the employee to take time off work to attend religious services (B) the employer makes derogatory remarks about the employee's religion (C) the employer refuses to acknowledge the employee's religion (D) the employer requires the employee to contribute to a religious charity (E) the employer does not allow the employee to convert other employees to his religion
(A)
225. If a person suffers discrimination because of race and because of religion, he may file a complaint of: (A) intersectional discrimination (B) intrasectional discrimination (C) real discrimination (D) double discrimination (E) super discrimination
(A)
226. Equal Employment Opportunity law does not apply to: (A) non-U.S. citizens working for U.S. companies in other countries (B) non-U.S. citizens working for U.S. companies in the U.S. (C) U.S. citizens working for U.S. companies in other countries (D) U.S. citizens working for U.S. companies in the U.S. (E) Equal Employment Opportunity law does not apply to any of the other choices
(A)
227. In relation to the term "sex discrimination:" (A) courts have played a major role in defining the term (B) Congress carefully defined the term in Title VII (C) the Executive branch has crafted many opinions on the subject (D) courts have played a major role in defining the term and the Executive branch has crafted many opinions on the subject (E) none of the other choices
(A)
231. Ernie the Employer allows John to work overtime every week, but refuses to let Sally work overtime at all. Sally can most likely: (A) complain of sex discrimination (B) complain of religious discrimination (C) do nothing, Ernie can do as he pleases (D) do nothing because, in practice, women never win sex discrimination cases (E) none of the other choices are correct
(A)
240. A woman has a difficult time with her pregnancy. She uses up all her leave time and sick time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer: (A) can dismiss her for taking off too much time (B) must give her additional time off, with pay, only if there is medical evidence that it is necessary (C) must give her additional time off, with pay, by extending her sick time and leave time, as required by law (D) must give her additional time off, with pay, if she requests it, so long as she is pregnant (E) none of the other choices
(A)
241. A woman has a difficult time with her pregnancy. She uses up all her paid leave time and sick time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer must give her additional time off, if requested: (A) without pay under the Family and Medical Leave Act (B) with pay, only if there is medical evidence that it is necessary (C) with pay, by extending her sick time and leave time, as required by law (D) with pay, if she requests it, so long as she is pregnant (E) none of the other choices
(A)
247. A sexually hostile work environment is: (A) a form of sexual discrimination (B) a form of pregnancy discrimination (C) not a legally defined term (D) not related to antidiscrimination laws (E) something employees must just learn to deal with
(A)
265. As seen in Oncale v. Sundowner Offshore Services, a case concerning male-on-male sexual harassment, same-sex harassment is: (A) prohibited by Title VII when it is motivated by the sex of the victim (B) not prohibited by Title VII when it is motivated by the sex of the victim (C) prohibited by Title VII when it is motivated by the age of the victim (D) legal in some states, but not others (E) none of the other choices are correct
(A)
286. Under federal law, if a person wishes to file a discrimination charge they must file within 180 days of an alleged discriminatory event. State law: (A) often extends this to 300 days (B) often reduces this to 100 days (C) often extends this to 365 days (D) often reduces this to 60 days (E) cannot extend or reduce this time
(A)
287. If the EEOC investigates a discrimination claim and finds no reasonable cause: (A) it will dismiss the charge (B) it will pass the charge on to the Supreme Court (C) it will fine the employer, but not send the case to court (D) it will issue a right to sue letter (E) it will fine the plaintiff
(A)
301. Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal: (A) disparate treatment (B) dissolute impact (C) paternalism discrimination (D) mixed motives discrimination (E) despotism
(A)
303. Surveys show that people may prefer to deal with members of their own race. A company assigns white salespersons to white clients and Hispanic salespersons to Hispanic clients. This makes commissions to all the salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are: (A) illegal disparate treatment under Title VII (B) illegal only if the salespersons earn different wages (C) legal if the salespersons of all races have approved the market division (D) legal since the effect is to raise gross income on the affected group (E) legal since the interests of the customers is the same as the interests of the firm
(A)
309. In McDonnell-Douglas Corp. v. Green, the Supreme Court established a four-part test that a plaintiff must meet to establish: (A) a prima facie case of employment discrimination (B) a per se case of employment discrimination (C) a rule of reason case of employment discrimination (D) a case of reverse discrimination (E) none of the other choices
(A)
313. The four-part test that the plaintiff in a disparate treatment case must meet to provide a prima facie discrimination case was established by: (A) the Supreme Court in the McDonnell-Douglas decision (B) the President in the Title VII Amendment of 1992 (C) Congress in the McDonnell-Douglas decision (D) Congress in the Title VII Amendment of 1992 (E) the Supreme Court in the Swierkiewicz v. Sorema decision
(A)
325. In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court held that: (A) Heartland's proffered reason for Lewis's termination was pretextual and the district court's ruling for Heartland should be reversed (B) Heartland's proffered reason for Lewis's termination was not pretextual and the district court's ruling against Heartland should be reversed (C) Heartland's proffered reason for Lewis's termination was not pretextual and the district court's ruling for Heartland should be reversed (D) Heartland's proffered reason for Lewis's termination was sufficient explanation for her termination (E) Lewis could not sue for sex discrimination since the person who fired her was also a woman
(A)
327. In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court applied: (A) the four-part framework from the McDonnell-Douglas decision for making a prima facie case (B) the four-part framework from the Constitution for making a prima facie case (C) the standard Title VII test for discrimination (D) the two-part framework from the Sullivan-Douglas decision for making a sex discrimination case (E) the National Discrimination Standard
(A)
338. In Pennsylvania State Police v. Suders the Supreme Court noted that in a case where harassment in the workplace is "so intolerable as to cause a resignation": (A) constructive discharge is the same as being fired for an illegal reason (B) constructive discharge is not the same as being fired for an illegal reason (C) constructive discharge is legal (D) the employee cannot sue for constructive discharge because she did not remain on the job while seeking redress (E) the employer is automatically liable for no less than three months of wages
(A)
341. Disparate impact discrimination cases are ____ than disparate treatment cases. (A) more complex and less common (B) more complex and more common (C) less complex and more common (D) less complex and less common (E) none of the other choices are correct
(A)
346. Which of the following is NOT an issue in a disparate impact discrimination case: (A) proof of intent to discriminate (B) existence of rules or practices that affect members of a protected group differently than other workers (C) justification by business necessity or valid job requirements of rules or practices that affect members of a protected group differently than other workers (D) all of the other specific choices are not issues in a disparate impact discrimination case (E) all of the other specific choices are issues in a disparate impact discrimination case
(A)
358. Employment practices that discriminate against some employees must ____ to be legal. (A) meet the business necessity test (B) meet the impartiality test (C) meet the anti-discrimination test (D) meet the equality of gender test (E) none of the other choices are correct
(A)
361. Title VII allows what major defenses to employment discrimination charges? (A) professionally developed ability tests, seniority or merit systems, and BFOQ (B) professionally developed ability tests, BFOQ, and unintentional disparate treatment (C) seniority or merit systems, BFOQ, and more than de minimis costs (D) professionally developed intelligence tests, BFOQ, and more than de minimis costs (E) none of the other choices
(A)
367. Charles owns a club whose patrons are mostly African-American. He hires only African- Americans to serve drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue that the reason he denied Li the job is because being African- American is a bona fide occupational qualification, a court would find that Charles: (A) is wrong: he has illegally discriminated (B) is wrong, based on the merit system doctrine (C) is correct, minority employers can take into account customer preferences as a BFOQ (D) is correct, based on affirmative action (E) is correct, based on the Fourteenth Amendment
(A)
379. Sex, religion and national origin, but not race, can be a: (A) bona fide occupation qualification (B) reason for a discrimination claim (C) reason to fire an employee (D) all of the other specific choices are correct (E) none of the other specific choices are correct
(A)
385. The pay that an employee would have earned from the date the discrimination began or the difference between the pay received and what should have been received is known as: (A) back pay (B) punitive damages (C) front pay (D) compensatory damages (E) none of the other choices are correct
(A)
393. Under Executive Order 11246, large government contractors must: (A) adopt affirmative action programs (B) adopt disparate action programs (C) ignore affirmative action programs (D) fund education opportunities for minorities (E) none of the other choices are correct
(A)
397. The mandatory analysis comparing the percent of minorities and women in the community in each job category with the percent employed by a government contractor is known as: (A) an underutilization analysis (B) a workforce analysis (C) a contractor analysis (D) a government contractor analysis (E) an affirmative action analysis
(A)
406. One of the main purposes of an affirmative action program is: (A) to allow an employer to correct for underrepresentation (B) prevent reverse discrimination (C) maintain the status quo of a company (D) all of the other specific choices are correct (E) none of the other specific choices are correct
(A)
407. A county adopted a flexible affirmative action program with no specific quotas, but with the purpose of getting more women in certain positions in which there were no women. To accomplish its goal, the County hired a qualified woman instead of a man who had scored higher on a valid aptitude test. The man sued arguing the program was discriminatory. You would expect the Supreme Court held that this action was: (A) a legitimate affirmative action program (B) legal if the county could demonstrate that the woman was better qualified than the man (C) legal only if the county adopted a program with specific clearly specified quotas (D) illegal because the affirmative action program had not been approved by the EEOC (E) illegal because of reverse sex discrimination
(A)
424. A person who has a physical or mental impairment which substantially limits one or more of such person's major life activities is defined as ____ by the Rehabilitation Act and the Americans with Disabilities Act. (A) a person with disabilities (B) a person with special needs (C) a person with unreasonable needs (D) a person with reasonable needs (E) a person with employment issues
(A)
428. Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services: (A) swimming (B) speaking (C) walking (D) seeing (E) all of the other specific choices are major life activities
(A)
429. Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services: (A) running a mile in under 6 minutes (B) speaking (C) walking (D) seeing (E) all of the other specific choices are major life activities
(A)
438. Under the Americans with Disabilities Act, a person who has a physical or mental impairment that does not substantially limit major life activities but is treated by the covered entity as constituting such limitation: (A) is regarded as having a disability (B) has no claims regarding disabilities (C) can sue for intelligence discrimination (D) is not regarded as having a disability (E) can be paid less than other employees
(A)
443. Which of the following is NOT a reasonable accommodation required of employers under the Americans with Disabilities Act: (A) redesigning a factory at high cost (B) job restructuring (C) providing readers to blind employees (D) modifying equipment (E) all of the other specific choices are reasonable accommodations
(A)
445. An employee who works at a grocery store for many years as a checkout clerk becomes unable to operate the cash register because of pain in her fingers that has developed from pushing keys on the cash register for so long. Unqualified for any other job at the store, she is dismissed and sues for disability discrimination. Most likely she will: (A) have the suit dismissed as she is not disabled for other employment (B) be granted damages equal to the pay she would have collected had she remained at her position until retirement (C) be granted whatever amount of damages the jury wishes to award (D) be granted another position in the store as soon as one become available: she must be given priority in hiring (E) be ordered reinstated into her previous job with an assistant to run the register (an accommodation)
(A)
453. Kelsey is being interviewed for a job and she volunteers that she has diabetes and has to occasionally take breaks to give herself insulin shots. The interviewer asks her how often she needs to take these breaks and how long the breaks take. These questions are: (A) not illegal under the Americans with Disabilities Act (B) illegal under the Americans with Disabilities Act (C) illegal in California, but not in other states (D) illegal if the interviewer is a man, but not if it is a woman (E) none of the other choices are correct
(A)
458. Fact Pattern 17-1 Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away. John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned. Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. Refer to Fact Pattern 17-1. After Loretta notifies the EEO office of her complaint against John, the EEO will: (A) notify Minute Cleaners of the complaint and investigate Loretta's claims (B) sue Minute in the local district court based Loretta's claim (C) immediately issue a "right-to-sue" letter (D) issue an injunction against John barring him from working at Minute Cleaners (E) all of the other choices are possible
(A)
162. The drive for civil rights in employment and other aspects of life became a national movement in the: (A) late 1970s (B) early 1960s (C) early 1950s (D) mid 1990s (E) mid 1980s
(B)
177. The most important antidiscrimination employment law is: (A) Title V of the Civil Rights Act of 1964 (B) Title VII of the Civil Rights Act of 1964 (C) Title I of the Civil Rights Act of 1963 (D) Title VII of the Civil Rights Act of 1963 (E) the Equal Pay Act of 1963
(B)
179. The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the: (A) National Labor Relations Board (B) Equal Employment Opportunity Commission (C) Department of Labor (D) Equal Pay Commission (E) U.S. Civil Rights Commission
(B)
185. Individual states: (A) may not have civil rights acts that apply to employers exempt from Title VII (B) may have civil rights acts that apply to employers exempt from Title VII (C) may not have civil rights acts that protect additional classes of employees not covered by Title VII (D) may exempt employers from any Title VII regulation (E) none of the other choices are correct
(B)
186. Individual states and cities: (A) may not have civil rights acts that apply to employers exempt from Title VII (B) may have civil rights acts that protect additional classes of employees not covered by Title VII (C) may not have civil rights acts that protect additional classes of employees not covered by Title VII (D) may exempt employers from any Title VII regulation (E) none of the other choices are correct
(B)
196. Which is not a protected class under Title VII: (A) race (B) political affiliation (C) religion (D) national origin (E) all of the other choices are protected classes
(B)
197. Which is not a protected class under Title VII: (A) race (B) sexual orientation (C) religion (D) national origin (E) all of the other choices are protected classes
(B)
202. A black and a white employee committed the same offense. The black employee was disciplined but not fired, the white employee was fired. The Supreme Court held that this treatment was: (A) legal under Title VII (B) improper reverse discrimination, which violates Title VII (C) proper if the employer had an affirmative action program to favor black employees (D) proper since whites are not protected by Title VII and, therefore, cannot claim protection (E) proper, since under Title VII minorities may be given preferential treatment
(B)
208. The most common basis for a discrimination complaint is: (A) sex (B) race (C) experience (D) age (E) religion
(B)
209. The most common claim of discrimination, which makes up about 36% of charges filed, is: (A) sex (B) race (C) experience (D) age (E) religion
(B)
210. About 36% of discrimination charges filed every year are based on discrimination for: (A) sex (B) race (C) experience (D) age (E) religion
(B)
217. Fred and Vinny work at Leo's Used Car Lot. Fred dislikes Vinny, makes insults about Vinny's Iranian heritage, and treats him badly. Leo has heard the insults but does not reprimand Fred because Leo thinks Fred is right. Leo's actions are: (A) legal because Vinny is a U.S. citizen (B) discriminatory under Title VII (C) legal because Leo and Fred have a rational basis for their beliefs (D) legal because Iranian-Americans are not protected by Title VII (E) legal: Fred is the one guilty of discrimination
(B)
218. Under Title VII of the Civil Rights Act's prohibition of discrimination based on religion, an employer is: (A) required to financially support employees' religious practices (B) required to provide reasonable accommodation for an employee's religious practices (C) required to provide unconditional support for an employee's religious practices (D) not required to provide reasonable accommodation for an employee's religious practices (E) required to assist employees seeking religious support at the workplace
(B)
222. Carol's business requires that all employees dress professionally in business attire to give her company a professional appearance. Susan insists that she be allowed to wear ratty jeans because her religion requires it. Carol: (A) must allow Susan to wear jeans so as not to discriminate based on religion (B) may insist that Susan wear business attire since the company has a strict dress code policy (C) must compensate Susan monetarily if she chooses to force her to wear business attire (D) will likely be imprisoned for restricting freedom of religion (E) none of the other choices are correct
(B)
224. Intersectional discrimination refers to the claim that: (A) a person suffered discrimination because of sexual orientation (B) a person suffered discrimination because of race and religion (C) a person was not allowed to take off time from work to attend religious services (D) a person was treated unfairly because of their physical appearance (E) a person was not allowed to mention his cultural origin at work
(B)
230. Discrimination on the basis of sexual preference or sexual identity: (A) is prohibited by Title VII of the Civil Rights Act (B) is not prohibited by Title VII of the Civil Rights Act (C) is prohibited by most states (D) is an accepted practice in most workplaces (E) none of the other choices are correct
(B)
246. Sexual harassment does not appear to include: (A) commenting on physical attributes (B) asking a co-worker to go on a date (C) using crude or offensive language directed at a woman (D) deliberate, unsolicited touching of a sexual nature (E) all of the other choices may be included
(B)
252. The most likely example of quid pro quo sexual harassment would be: (A) discussing sexual activities at work (B) promoting a woman because she accepts dates with her boss (C) saying demeaning things about women (D) showing sexually explicit photos (E) all of the other choices
(B)
263. A company with 30 employees has no personnel department. Several male employees pester several female employees, including making sexual gestures, comments, and, at times, grabbing them. Telling the men to stop does not change behavior. Several women quit and file a complaint against the employer for sexual harassment. It is likely that the women will: (A) have a case because the company does not have a personnel office as required by law (B) have a case because there was a persistent hostile environment that was not corrected. (C) not have a case because they did not complain sufficiently to the company manager before they quit (D) not have a case because they did not complain to the EEOC (or equivalent state office) before they quit (E) not have a case because they may not act as a group: only individually
(B)
267. The Age Discrimination in Employment Act holds it illegal to discriminate in employment against: (A) persons under age 21 or over age 65 (B) persons aged 40 and over (C) women or minorities aged 40-65 (D) women or minorities aged 40-70 (E) women or minorities under age 21
(B)
268. The Age Discrimination in Employment Act holds it illegal to discriminate in employment against: (A) persons under age 21 or over age 65 (B) women or minorities under age 21 (C) women or minorities aged 40-65 (D) women or minorities aged 40-70 (E) none of the other choices are completely correct
(B)
274. Forcing retirement because of age is an example of: (A) sex discrimination (B) age discrimination (C) elderly discrimination (D) geriatric discrimination (E) quantitative discrimination
(B)
275. Requiring older workers to pass physical examination as a condition of continued employment is an example of: (A) sex discrimination (B) age discrimination (C) elderly discrimination (D) geriatric discrimination (E) quantitative discrimination
(B)
284. Discriminating against an employee on the basis of genetic information that indicates the person may be more likely than average to have a heart problem is: (A) illegal based on age discrimination (B) illegal based on genetic information discrimination (C) illegal based on medical history discrimination (D) not illegal if the employer can show a work-related issue (E) not illegal because genetic information is not subject to discrimination proceedings
(B)
300. When the effect of a hiring or promotion decision is intentionally discriminatory it is called: (A) bona fide occupational qualification. (B) disparate treatment (C) disparate impact (D) pretextual treatment (E) none of the other choices
(B)
307. An employee suing an employer for ____ under Title VII must show that the employer intentionally discriminated against them (A) intentional discrimination treatment (B) disparate treatment (C) secondary treatment (D) disparate impact (E) indisparate treatment
(B)
323. If workers are punished for participating in an official proceeding, such as filing an employment discrimination complaint or giving testimony in a discrimination investigation, they would have grounds for suit based on: (A) sex discrimination (B) retaliation (C) court discrimination (D) disparate treatment (E) pretext
(B)
329. To reduce the likelihood of discrimination cases, employers: (A) must pay annual fees to the EEOC (B) should have clear, effective policy and procedures to allow employees to make complaints about perceived discrimination (C) should bribe employees not to sue (D) should reward employees who ignore discrimination (E) should have posters that indicate that discrimination is not tolerated in the workplace
(B)
336. In Pennsylvania State Police v. Suders the Supreme Court noted that in a case where discrimination in the workplace is claimed, and the employee quits and claims constructive discharge for hostile environment: (A) the employee must remain on the job while seeking redress (B) the employee need not remain on the job while seeking redress (C) the employee must exhaust all other options before quitting (D) the employee must give the employer at least 3 chances to make amends before quitting (E) the employer is liable for up to three months' worth of wages
(B)
343. ____ involve employment practices that appear to be neutral on their face but in fact have a disproportionately adverse impact on an employee or group of employees who are members of a protected class. (A) disparate treatment cases (B) disparate impact cases (C) age discrimination cases (D) whole class discrimination cases (E) partial class discrimination cases
(B)
351. In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that: (A) since the company could convincingly show that the test was sufficiently related to safe and efficient job performance, it was not discriminatory and not illegal (B) since the company could not convincingly show that the test was sufficiently related to safe and efficient job performance, it was discriminatory and illegal (C) it was discriminatory for the company to suggest that men are stronger than women (D) the test was discriminatory because women had to lift heavier weights than men (E) the test was discriminatory because women did not have to lift the same weights as men
(B)
359. Sam owns Speedy Bricklayers, Inc., a company that specializes in bricklaying. To maintain his business's reputation for quick, quality bricklaying, Sam requires that all employees are experienced bricklayers. This discriminates against potential employees who have never laid bricks before. Sam is likely: (A) in violation of Title VII because his employment practices do not pass the business necessity test (B) not in violation of Title VII because his employment practices pass the business necessity test (C) probably in violation of Title VII in some states, but not in others (D) in violation of Title VII because women cannot lay bricks as fast as men (E) in violation of Title VII because people over 40 cannot lay bricks as fast as people under 40
(B)
365. According to Title VII, it is ____ to use professionally developed ability tests to determine whether job applicants possess the necessary skills and attributes. (A) never legal (B) legal as long as there is statistical validation of the tests (C) legal as long as the company has used the test before (D) illegal without a special court issued dispensation (E) none of the other choices are correct
(B)
369. Which of the following situations is most likely to have violated Title VII: (A) a Catholic priest is refused a job teaching at a Baptist seminary (B) a woman is not hired at an auto parts store because women know nothing about auto parts (C) a man convicted of child molestation is rejected for employment at a day care center (D) a Hispanic woman with poor English is rejected for consideration to be an operator at a 911 emergency center (E) an older man is rejected for consideration for being hired at a law firm because he does not have a law degree
(B)
370. Which of the following situations is most likely to have violated Title VII: (A) a Catholic priest is refused a job teaching at a Baptist seminary (B) a woman is not hired at an auto parts store because women know nothing about auto parts (C) an older man is rejected for consideration for being hired at a law firm because he does not have a law degree (D) a Hispanic woman with a poor command of English is rejected for consideration to be an operator at a 911 emergency center (E) all of the other choices are likely to be violations
(B)
372. Because of past racial discrimination, senior employees at a plant are all white. The junior workers are racially mixed. A reduction in business forces the firm to fire half its workers. To protect the racial composition of the workers, the company will lay off white older workers. This policy is likely to be viewed by the courts as: (A) an illegal violation of a bona fide occupational qualification (B) an illegal violation of a bona fide seniority system (C) an illegal violation of the rights of the senior workers that can be corrected by laying-off junior white workers to preserve the jobs of the junior black employees (D) a legal way to create the equivalent of an affirmative action program (E) a legal way to preserve the racial mix of the work force
(B)
380. Requiring modelers of male clothing to be male is: (A) illegal because it discriminates against women (B) legal because in this instance sex is a bona fide occupation qualification (C) illegal because it discriminates against women who like to wear men's clothing (D) illegal in some states, but not others (E) none of the other choices are correct
(B)
381. If an employee voluntarily retires early because the incentives of the early retirement plan are so generous, then the employee: (A) can still sue for age discrimination by claiming he was forced to retire early (B) cannot sue for age discrimination by claiming he was forced to retire early (C) is entitled to an extra 2 months of pay in addition to the retirement incentive package (D) will not have to pay taxes on future income if he returns to the workforce (E) will never be eligible for Social Security benefits
(B)
388. A(n) ____ is a deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members, when a particular class is underrepresented in the employer's workforce. (A) equal employment action program (B) affirmative action program (C) fair employment action program (D) anti-discriminatory program (E) compensatory employment program
(B)
396. Employers who do $50,000 or more of business with the federal government are required to study their workforce to determine if the mix of employees in job categories by sex and by race are reflective of the relevant hiring pools the employers draw from. This is called: (A) voluntary affirmative action program (B) an underutilization analysis (C) a mandatory affirmative action program (D) a remediation analysis (E) a bona fide workforce analysis
(B)
402. Recently, voluntary affirmative action programs: (A) have declined in prevalence (B) have become more common than court-ordered affirmative action programs (C) have led to a high incidence of reverse discrimination (D) have led to an increase in discrimination claims (E) none of the other choices are correct
(B)
403. Recently, court-ordered affirmative action programs: (A) have increased in prevalence (B) have become less common than voluntary affirmative action programs (C) have led to a high incidence of reverse discrimination (D) have led to an increase in discrimination claims (E) none of the other choices are correct
(B)
409. In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are: (A) non-existent (B) less protective of women and minorities (C) less protective of women, but more protective of minorities (D) less protective of minorities, but more protective of women (E) more protective of women and minorities
(B)
412. Japan's first sexual harassment case: (A) occurred long before the U.S. had laws prohibiting sexual harassment (B) was not decided until 1992 and resulted in a relatively small award (C) was not decided until 2002, but had a huge award (D) was overturned by Japan's Supreme Court (E) was decided in 1990
(B)
413. The ____ provides protection for disabled persons seeking employment with, or who are currently employed by, employers that receive federal funds. (A) Disability Act of 1973 (B) Rehabilitation Act of 1973 (C) Title VII Disability Act of 1990 (D) Able Bodied Worker Act of 1990 (E) Temporarily Disabled Persons Protection Act of 1973
(B)
416. All companies with federal contracts of $2,500 or more have a duty to ensure the disabled an opportunity in the workplace by providing reasonable accommodations under the: (A) Disability Act of 1973 (B) Rehabilitation Act of 1973 (C) Title VII Disability Act of 1990 (D) Able Bodied Worker Act of 1990 (E) Temporarily Disabled Persons Protection Act of 1973
(B)
419. The employment rights of persons with disabilities and their rights to public accommodations, such as hotels, restaurants, theaters, public transportation, telecommunications, and retail stores were expanded by the: (A) Rehabilitation Act of 1990 (B) Americans with Disabilities Act of 1990 (C) Americans with Disabilities Act of 1973 (D) Disabled Americans Act of 1990 (E) Physically Handicapped Act of 1990
(B)
430. Which of the following is a condition not considered a disability under the ADA: (A) a history of alcohol abuse (B) sexual behavior disorders (C) someone cured of cancer (D) a history of drug abuse (E) all of the other choices are disabilities under the law
(B)
460. Fact Pattern 17-1 Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away. John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned. Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. Refer to Fact Pattern 17-1. If the EEOC issues a "right-to-sue" letter to Loretta, this means that her case against Minute: (A) may not be challenged by the dry cleaner. (B) has merit and she may proceed with a suit against her employer (C) is without merit and she may not sue her employer (D) is without merit and she may sue John only (E) none of the other choices are accurate
(B)
462. Fact Pattern 17-1 Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away. John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned. Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. Refer to Fact Pattern 17-1. Suppose Loretta files a complaint against Hour for discrimination, based on the fact that Hour hires only men. To establish a prima facie case against Hour, Loretta would need to prove all of the following except that: (A) she applied for the job with Hour and met the qualifications for the job they had open (B) Hour intended to discriminate against women (C) Hour continued to seek applications from other people with similar qualifications (D) she was rejected for employment by Hour (E) she belongs to a protected class
(B)
466. Fact Pattern 17-1 Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away. John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned. Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. Refer to Fact Pattern 17-1. Suppose when John found out that Loretta had a drug problem he became furious, because he knows that employees with drug problems tend to have higher medical bills. On the basis of her past drug problems, John fires Loretta. If Loretta challenged the dismissal, the court would find that: (A) John had a rational reason for dismissing Loretta (B) John violated the Americans with Disabilities Act (C) John's behavior might not be nice, but he violated no law (D) Minute violated the disabilities provisions of Title VII (E) the action was justified if Minute had a drug policy
(B)
158. Historically, the common law permitted employers to: (A) hire workers only with government approval (B) fire workers only with government approval (C) hire and fire which ever workers they wished (D) fire workers for reasons listed in an employee handbook (E) none of the other choices
(C)
169. Under the ____, it is illegal to pay men and women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions (A) Equal Conditions Act (B) Equal Compensation Act (C) Equal Pay Act (D) Civil Rights Act (E) Common Wage Act
(C)
174. Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by: (A) lowering the wages received by men (B) lowering the wages received by women (C) raising the wages received by women (D) raising the wages received by men (E) giving stock options to the group discriminated against
(C)
183. For Title VII of the Civil Rights Act to apply, an employer must have: (A) at least 5 employees (B) no more than 50 employees (C) at least 15 employees (D) at least 10 employees (E) at least 100 employees
(C)
199. Which is not an officially recognized racial group under Title VII: (A) Hispanics (B) Asians (C) Arabs (D) Native Americans (E) all of the other choices are recognized
(C)
201. The Supreme Court's ruling in McDonald v. Santa Fe Trail Transportation, where an AfricanAmerican employee and a white employee had stolen property from their employer and the African- American employee was reprimanded but allowed to keep his job while the white employee was fired, showed that: (A) whites are not protected under Title VII of the Civil Rights Act (B) while Title VII recognizes whites as a protected class, in practice whites are not protected (C) whites are protected under Title VII of the Civil Rights Act (D) whites are only protected in cases involving Hispanics (E) none of the other choices are correct
(C)
204. Reverse discrimination is: (A) preferential treatment of whites (B) preferential treatment of men (C) preferential treatment of a protected class (D) discrimination against African-Americans (E) none of the other choices
(C)
219. To not violate Title VII's prohibition of discrimination based on religion, an employer may have to make changes in the way her business is organized to meet religious requirements of employees. Employers are required to incur: (A) any expense required to avoid violating religious requirements of its employees (B) up to ten percent of an employee's wage in costs to comply with the employee's beliefs (C) no more than minimal expenses to accommodate an employee's religious requirements (D) no expense or trouble at all (E) none of the other choices
(C)
236. Denying a woman a job, assignment, or promotion because she is pregnant or has children is: (A) legal, as long as there is specific company policy in place (B) legal in most states (C) illegal because it is a form of pregnancy discrimination (D) illegal because it is a form of religious discrimination (E) none of the other choices are correct
(C)
237. Requiring a pregnant woman to go on leave when she is able to do her job is: (A) legal, as long as there is specific company policy in place (B) legal in most states (C) illegal because it is a form of pregnancy discrimination (D) illegal because it is a form of religious discrimination (E) none of the other choices are correct
(C)
238. Treating maternity leave differently than other leaves for temporary disabilities is: (A) legal, as long as there is specific company policy in place (B) legal in most states (C) illegal because it is a form of pregnancy discrimination (D) illegal because it is a form of religious discrimination (E) none of the other choices are correct
(C)
239. Discriminating in fringe benefits, such as in the structure of health insurance benefits, to discourage women of childbearing age from working is: (A) legal, as long as there is specific company policy in place (B) legal in most states (C) illegal because it is a form of pregnancy discrimination (D) illegal because it is a form of religious discrimination (E) none of the other choices are correct
(C)
248. Where there is a promise of a reward, such as promotion or pay raise, for providing sexual favors being demanded is called: (A) bona fide impact (B) impact favoritism (C) quid pro quo (D) differential standard (E) differential favoritism
(C)
253. Quid pro quo sexual harassment refers to: (A) crude or offensive language (B) touching someone in a sexually offensive manner (C) promising a promotion in exchange for sex (D) displaying sexually explicit photographs (E) all of the other choices
(C)
257. In Harris v. Forklift Systems, a woman sued her employer based on the conduct of her male boss. The Supreme Court held: (A) all offensive conduct is illegal sexual harassment (B) even if the subject of the harassment does not care, an employer may still be liable for remarks that a reasonable person would find offensive (C) if a work environment becomes hostile or abusive due to sexual harassment, an employer may liable (D) employers will be liable only if the employee can prove physical harm (E) none of the other choices
(C)
269. Under the Age Discrimination in Employment Act employers: (A) are not prohibited from cutting the health care benefits of employees over the age of 65 (B) are prohibited from discriminating in employment against persons only over age 65 (C) are prohibited from discriminating in employment against persons only over 40 (D) may discriminate on the basis of age only if customers of the firm would object to the older employees (E) none of the other choices
(C)
276. Indicating an age preference in advertisements for employees is an example of: (A) sex discrimination (B) elderly discrimination (C) age discrimination (D) geriatric discrimination (E) quantitative discrimination
(C)
277. Choosing to promote a younger worker rather than an older worker, because the older worker may be retiring in several years is an example of: (A) sex discrimination (B) elderly discrimination (C) age discrimination (D) geriatric discrimination (E) quantitative discrimination
(C)
278. Cutting health care benefits for workers over age 65 because they are eligible for Medicare is an example of: (A) sex discrimination (B) health care discrimination (C) age discrimination (D) geriatric discrimination (E) quantitative discrimination
(C)
279. This ad was seen in a publication: "Wanted: Assistant to the President. Great job opportunity for bright, young, hard working person to work with President of a major private university." This ad is most likely to violate: (A) disability law because "bright" may discourage applicants with mental problems (B) discrimination law that requires jobs to have clearly stated goals and qualifications, not vague terms (C) age discrimination laws since "young" is probably not over the age of 40 (D) sex and race discrimination law since women and minorities are presumed not to be hard working (E) nothing: no violations exist in the ad
(C)
289. If an investigation of a discrimination charge is not settled by the EEOC working with the employer and complaining employee, to carry the case further, the: (A) employee must file suit against the employer with an EEOC administrative law judge (B) EEOC investigator files suit against the employer with an EEOC administrative law judge (C) EEOC issues a "right-to-sue" letter giving the employee the right to sue the employer (D) EEOC must file suit in federal court on behalf of the employee (E) EEOC turns the case over to the Department of Justice for prosecution
(C)
295. If a person quits their employment because of sexual or racial harassment, it is called: (A) constructive treatment (B) differential impact (C) constructive discharge (D) retaliatory termination (E) none of the other choices
(C)
296. Constructive discharge occurs when: (A) a person gains employment due to their family connections (B) a person does not have to take part in an unpleasant part of a job because of their race (C) a person quits their job because of sexual or racial harassment (D) a person sexually or racially harasses a coworker (E) a person is fired based on their race
(C)
306. If a person sues their employer under Title VII based on disparate treatment, they must show: (A) the employer committed negligent acts of discrimination (B) the employer is strictly liable for its acts (C) the employer intentionally discriminated (D) both that the employer is strictly liable for its acts and that the employer intentionally discriminated (E) the employee must only prove that the employer's actions had a bad effect
(C)
316. If a plaintiff establishes a prima facie case of employer discrimination, what happens? (A) the plaintiff wins compensatory damages (B) the plaintiff receives a punitive damages award (C) the burden of proof shifts to the employer (D) the plaintiff wins compensatory damages and can win punitive damages if malice is shown (E) none of the other choices
(C)
317. If a plaintiff establishes a prima facie case of employer discrimination, what happens? (A) the plaintiff wins compensatory damages (B) the plaintiff receives a punitive damages award (C) the defendant must offer non-discriminatory reasons for the actions involved (D) the case is returned to the EEOC for further investigation (E) the plaintiff wins compensatory damages and can win punitive damages if malice is shown
(C)
320. If, at a trial for employment discrimination, the employer offers a job-relevant rationale for the decision that was made that the plaintiff is claiming is in fact discrimination, the plaintiff must show that the employer's rationale is what is called a: (A) prima facie excuse (B) constructive excuse (C) pretext (D) disparate (E) differential
(C)
330. In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when a hostile environment is created by a supervisor, the Supreme Court held that: (A) the supervisor is personally liable, but the firm is not (B) the firm is strictly liable (C) the firm may be vicariously liable even if the employee suffered no adverse job consequences (D) the firm is liable only if it is shown that the employee suffered adverse job consequences (E) none of the other choices
(C)
334. In Burlington Industries v. Ellerth and in Pennsylvania State Police v. Suders the Supreme Court noted that in a case where discrimination in the workplace is claimed, and the employee quits and claims constructive discharge for hostile environment: (A) if it was not quid pro quo harassment then a higher standard of proof for hostile work environment must be met (B) if a hostile work environment is shown, a rule of strict liability is applied (C) a key defense will be if the employer had a proper anti-harassment procedure in place that the plaintiff failed use before quitting (D) it does not matter whether it was hostile work environment or quid pro quo harassment, the firm is likely to be vicariously liable unless the employee had a poor work record (E) none of the other choices
(C)
349. In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that: (A) such tests of strength are discriminatory against women, so are illegal as disparate impact (B) such tests of strength are part of a bona fide occupational qualification, so are legal (C) the test used here was not a good predictor of ability to do the job, so was discriminatory (D) the test used here was a good predictor of ability to do the job, so it was legal (E) none of the other choices
(C)
353. In general, to require job applicants to pass an aptitude tests is: (A) invalid because they are related to job performance (B) valid if given only to minorities (C) valid if shown to be an accurate predictor of ability to do the job (D) valid if one of the tests certified by the Department of Labor (E) none of the other choices
(C)
357. When employment practices can be shown to discriminate against some employees: (A) the burden is on the courts to prove that the challenged practices are justified as a business necessity and are job related (B) the burden is on the employees to prove that the challenged practices are justified as a business necessity and are job related (C) the burden is on the employer to prove that the challenged practices are justified as a business necessity and are job related (D) there is no defense for a business (E) none of the other choices are correct
(C)
362. A trucking company has employees who load 100-pound sacks on trucks. Of those who apply for the jobs, one man in three can lift 100-pound sacks, but only one woman in fifty. As a result, all 40 employees are men. In sex discrimination suit, the most likely result will be that the company will: (A) lose because the statistics prove the structure of the employment situation is discriminatory (B) lose because it could make smaller sacks smaller, which would increase the number of women who would be eligible (C) win because there is a business necessity that produces the all male workforce (D) win because the work involved is traditional male work (E) none of the other choices
(C)
364. As a rule, when testing of job applicants employers should do which of the following to be within the bounds of the law: (A) test for general intelligence (B) test for differences in cultural backgrounds (C) test for ability to perform a certain job (D) all of the specific choices are generally acceptable (E) none of the other choices are acceptable
(C)
386. An affirmative action program is an effort by: (A) a group of employees to correct past discriminatory practices (B) employers to continue hiring practices that led to under-representation of certain classes of workers (C) employers to remedy discriminatory employment practices that produced imbalanced workforces (D) independent contractors to correct racial balances in the public contracting system (E) none of the other choices
(C)
387. A deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members is called: (A) reasonable accommodation (B) disparate treatment (C) affirmative action (D) disparate impact (E) none of the other choices
(C)
394. The Office of Federal Contract Compliance Programs (OFCCP), which monitors the affirmative action programs of federal contractors, was established in response to: (A) the Equal Pay Act (B) the Fair Labor Standards Act (C) Executive Order 11246 (D) the National Labor Relations Act (E) the Federal Contract Equity Act
(C)
411. Compared to the United States, antidiscrimination laws in Europe and Japan: (A) are much stricter (B) lead to much bigger awards in court cases (C) are not nearly as strict as U.S. laws (D) are nonexistent (E) none of the other choices are correct
(C)
415. Under the Rehabilitation Act of 1973, all companies with federal contracts of ____ have a duty to ensure the disabled an opportunity in the workplace by providing reasonable accommodations. (A) $5,000 or more (B) $10,000 or more (C) $2,500 or more (D) $100,000 or more (E) $50,000 or more
(C)
434. Suppose a newly hired utility repairman has a fear of heights that means he cannot climb ladders or telephone poles to do repairs. This condition of his: (A) cannot be held against him, as he could be assigned to job duties that would not require climbing ladders (B) qualifies as a mental disability, so he is protected (C) does not qualify as a disability, so he could be fired (D) does not qualify as a disability under respondent superior liability, so he could be fired (E) none of the other choices
(C)
437. In Keith v. County of Oakland, where the County refused to hire Keith as a swimming lifeguard because he is deaf, and he sued for disability discrimination, the appeals court held that: (A) Keith suffered per se discrimination and would be hired and paid back wages (B) Keith's limitations made him eligible for some Country jobs, but not one involving lifesaving as drowning persons often call for help (C) Keith presented evidence that he could communicate and perform (D) Keith failed to show that he could perform the job so even if he is disabled, the issue is moot (E) none of the other choices are correct
(C)
447. Which of the following questions would not violate the Americans with Disability Act to ask of a job applicant: (A) how many sick days did you use last year? (B) does stress at work ever bother you? (C) are you capable of doing the rigors demanded of this job? (D) have you been treated for drug abuse? (E) all other choices would violate the law
(C)
448. Which of the following questions would not violate the Americans with Disability Act to ask of a job applicant: (A) how many sick days did you use last year? (B) does stress at work ever bother you? (C) are you capable of doing the rigors demanded of this job? (D) none of the other choices would violate the law (E) all of the other choices could violate the law
(C)
456. Which of the following would not be likely to be a violation of the Americans with Disabilities Act, because it goes beyond the scope of the legislation? (A) using standardized tests that screen out people with disabilities (B) refusing to hire job applicants because they have a history of drug abuse (C) refusing to hire a job applicant because an assembly line for automobiles cannot accommodate workers in wheelchairs (D) not hiring a disabled person because the bathrooms cannot accommodate wheelchairs (E) asking job applicants if they have disabilities
(C)
182. Title VII applies to employers with: (A) any number of workers (B) five or more workers (C) ten or more workers (D) fifteen or more workers (E) fifty or more workers
(D)
187. San Francisco's civil rights law that prohibits employment discrimination based on height or weight is an example of: (A) a prohibited practice of having different civil rights laws for different cities (B) the federal government extending discrimination coverage in a certain area (C) a city's illegal extension of discrimination coverage beyond Title VII (D) a city's extension of discrimination coverage beyond Title VII (E) none of the other choices are correct
(D)
212. If Joe, an African-American employer with light skin, discriminates against Omar, an African- American employee with dark skin, Omar will most likely file a discrimination claim based on: (A) sex (B) race (C) national origin (D) color (E) religion
(D)
216. The group that brings the most discrimination claims based on national origin is: (A) whites (B) Asians (C) Native Americans (D) Hispanics (E) none of the other choices are correct
(D)
220. An employee joins a religion that requires members to keep a chicken by their side all morning and then cut-off the chicken's head at noon and suck the blood. The employer tells the employee that he may not do this at work. The employee claims he has the right to do this as a religious belief, so the employer fires him. If sued for discrimination, the court will likely rule that: (A) these religious beliefs are valid and so they must be allowed (B) the chicken act may be done, but only in a room set aside for that purpose (C) this is an odd "religion," so Title VII does not apply (D) this behavior imposes undue hardship on the employer so need not be tolerated (E) the employee should be required to go to a class on the humane treatment of animals
(D)
229. Title VII prohibits discrimination in employment based on sex. This does not include: (A) sexual preferences (B) marital status (C) being a male (D) sexual preferences or marital status (E) sexual preferences or marital status or being a male
(D)
234. Which of the following are examples of illegal discrimination under the Pregnancy Discrimination Act? (A) not providing health insurance to employees (B) suspending a pregnant waitress because she might not be appealing to the diners at a café (C) denying a pregnant reporter an assignment to a dangerous country because of her condition (D) suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition (E) suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition and not providing health insurance to employees
(D)
235. Which of the following are examples of illegal discrimination under the Pregnancy Discrimination Act? (A) not giving more time off to an employee suffering a difficult pregnancy (B) suspending a pregnant waitress because she might not be appealing to the diners at a café (C) denying a pregnant reporter an assignment to a dangerous country because of her condition (D) suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition (E) suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition and not giving more time off to an employee suffering a difficult pregnancy
(D)
243. When employers have been sued for monitoring the content of their employees' e-mails at work, the court have generally held that the monitoring: (A) is an invasion of privacy (B) is an invasion of privacy if personal e-mails are reviewed, not work-related e-mails (C) is sexual harassment if directed at women employees (D) is legal, employers have the right to do so, in part to prevent sexual harassment (E) none of the other choices
(D)
250. Quid pro quo sexual harassment occurs when: (A) there are sexually explicit pictures displayed in the workplace (B) one employee touches another in an offensive way (C) an employer uses crude or demeaning language in private (D) there is a promise of a reward, such as a pay raise, for providing sexual favors (E) none of the other choices are correct
(D)
255. The hostile environment form of sexual harassment occurs in which of the following circumstances: (A) an employer uses crude or offensive language (B) an employer discusses sexual activities (C) an employer displays sexually suggestive pictures in the workplace (D) all of the other specific choices are correct (E) none of the other specific choices are correct
(D)
259. In Harris v. Forklift Systems, a woman claimed that the behavior of her boss was illegal sexual harassment. The Supreme Court applied which standard to the case? (A) the merely offensive standard (B) the psychological trauma standard (C) the offensive utterance standard (D) the hostile work environment standard (E) the physical harm standard
(D)
261. In Harris v. Forklift Systems, a woman sued her employer based on the conduct of her male boss. The Supreme Court described the hostile work environment standard as: (A) taking an extreme position where the employee must be physically prevented from working for Title VII to apply (B) taking an extreme position where the offender need only make a causal comment that could possibly be taken as sexual harassment for Title VII to apply (C) useless in this case (D) taking a middle path between making actionable any conduct that is merely offensive and requiring the conduct to cause a tangible psychological injury (E) requiring at least a year of abuse before Title VII applied
(D)
264. In Oncale v. Sundowner Offshore Services, a case concerning male-on-male sexual harassment, the Supreme Court held that: (A) there was no case under Title VII, which refers to harassment against women (B) there was no case under Title VII, which refers to harassment against women, but there was a tort suit for battery (C) the law restricts "simple teasing or roughhousing" regardless of sex (D) the law restricts same-sex harassment (E) none of the other choices
(D)
266. In Oncale v. Sundowner Offshore Services, a case concerning male-on-male sexual harassment, the Supreme Court held that: (A) there was no case under Title VII, which refers to harassment against women (B) there was no case under Title VII, which refers to harassment against women, but there was a tort suit for battery (C) the law restricts "simple teasing or roughhousing" regardless of sex (D) all cases should be viewed from a reasonable person perspective, taking into account all circumstances, regardless of sex (E) none of the other choices
(D)
271. The Age Discrimination in Employment Act: (A) prohibits discrimination against persons over age 40 (B) requires that older employees be given physical exams if they work at jobs where safety is a serious concern (C) applies to employers with 20 or more employees (D) prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees (E) prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees and requires that older employees be given physical exams if they work at jobs where safety is a serious concern
(D)
280. John and Lisa are candidates for promotions. John is 34, Lisa is 56. John is given the promotion. Management decided that since Lisa has said she plans to retire in four years, promoting her would make little sense. In this case, the company: (A) had a legitimate reason for denying the promotion (B) had a compelling reason for denying the promotion (C) engaged in a forced retirement scheme (D) discriminated illegally based on age (E) showed a legal age preference
(D)
282. A plaintiff claims age discrimination. At trial there is a split in the testimony. The plaintiff and a couple other workers give evidence of discrimination. The defendant has employees who testify that there was no discrimination and that the plaintiff was incompetent. In such instances: (A) Title VII requires "clear and convincing" evidence for plaintiff to win (B) federal civil procedure requires that plaintiff have "clear and convincing" evidence to win (C) the judge must remove the case from the jury and make the determination under the guidelines set by the Supreme Court (D) it is up to the jury to decide if the plaintiff has presented enough evidence to show discrimination (E) the jury must find for the plaintiff if he or she has shown a prima facie case
(D)
299. Disparate treatment (under Title VII) refers to: (A) intentional discrimination (B) unintentional discrimination (C) illegally motivated employment decision (D) intentional discrimination and illegally motivated employment decisions (E) unintentional discrimination and illegally motivated employment decisions
(D)
312. Which is not one of the parts of the McDonnell-Douglas test that a plaintiff must establish to carry forward a claim of hiring discrimination against an employer: (A) plaintiff belongs to a protected class (B) plaintiff meets job qualifications (C) plaintiff was rejected (D) employer had a record of discriminatory behavior (E) all are part of the test
(D)
315. A person protected by Title VII applies for a job and is rejected. To prove a prima facie case of discrimination which of the following points need not be established? (A) the person belongs to a protected class (B) the person applied for a job and met the qualifications (C) the person was rejected (D) the person remained unemployed (E) the employer continued to seek applications from other persons with similar qualifications
(D)
319. If, at a trial where a person has claimed employment discrimination has occurred, and the employer has offered a rationale for what happened, then: (A) the plaintiff need do no more if a prima facie case had been established: the plaintiff wins (B) the employer wins (C) the court requests testimony from the EEOC about its investigation and opinion of the case (D) the plaintiff must show the employer's reason is a pretext or excuse for illegal behavior (E) the court usually sends the case to arbitration for resolution
(D)
322. Which of the following could be used as evidence in a discrimination trial that the employer's rationale was just pretext for disparate treatment: (A) inconsistency in decision made by the employer (B) giving different reasons at different times for the decision (C) statistical evidence of discrimination based on sex (D) all of the other specific choices are correct (E) none of the other specific choices are correct
(D)
332. In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when an employee claimed she was subject to sexual harassment by her supervisor, but never reported the matter to superiors, the Supreme Court held that: (A) if it was quid pro quo harassment, not hostile work environment, then the firm is liable if the discrimination is proven (B) if it was hostile work environment, not quid pro quo harassment, then the firm is liable if the discrimination is proven (C) if it was either hostile work environment or quid pro quo harassment, then the firm is liable if the discrimination is proven (D) it does not matter whether it was hostile work environment or quid pro quo harassment, the firm is likely to be vicariously liable if it did not have an effective anti-harassment policy (E) none of the other choices
(D)
340. If an employer uses a decision rule that causes discrimination in some aspect of employment based on protected class status, but the discrimination was unintentional, the discrimination is called: (A) disparate treatment, but is legal so long as not intentional (B) disparate treatment, which is illegal (C) disparate impact, but is legal so long as not intentional (D) disparate impact, which is illegal (E) differential impact, but is legal so long as not intentional
(D)
348. A labor union had once been whites only but is now integrated. Its membership rules used to state that to obtain employment through the union you had to be related to or recommended by a union member. Such a rule would now be: (A) not illegal because segregation had been eliminated (B) not illegal because Title VII does not apply to unions (C) illegal because blacks who entered the union would be junior to whites in seniority (D) illegal because it would perpetuate past intentional discrimination (E) none of the other choices
(D)
356. An employer may legally provide differential treatment to its employees based on: (A) merit (B) seniority (C) business necessity (D) merit, seniority or business necessity (E) none of the other choices if they produce "differential results" based on race or sex
(D)
374. A male model claims that his income is lower than it would be because of the domination of women in the modeling industry. He is capable of modeling women's clothing and sues the modeling agency for sex discrimination for not hiring him. The court is likely to find that he: (A) wins because of disparate treatment (B) wins so long as he can show that equally qualified males are not treated as well as females (C) wins because of disparate treatment (D) loses because of bona fide occupational qualification (E) loses because white males under age 40 are not members of a protected class
(D)
378. Which of the following characteristics cannot be a bona fide occupation qualification: (A) sex (B) religion (C) national origin (D) race (E) all of the other specific choices can be a bona fide occupation qualification
(D)
382. If an employer is sued for age discrimination, which of the following defenses are not open to that employer? (A) the employee was dismissed for good cause (B) the employee did not do her work properly (C) sex is a bona fide occupational qualification (D) younger workers are cheaper to employ than older workers (E) the employer was observing a bona fide seniority system
(D)
390. Executive Order 11246 was written: (A) by the EEOC to require affirmative action programs of all governmental organizations (B) by the Commerce Department to require affirmative action programs of all employers of 15 or more persons (C) by the EEOC to require affirmative action programs of all organizations employing 15 or more persons (D) by the President to require affirmative action programs of government contractors (E) by the EEOC to require affirmative action programs of all organizations with federal contracts on behalf of disabled persons
(D)
401. If an employer is found to have engaged in illegal discrimination, under Title VII the courts may: (A) require an offending employer to begin an affirmative action program (B) require the employer to hire qualified employees in the protected class to make up for past discriminatory activities (C) require the employer to train current minority employees to become qualified candidates for promotion to positions in which they are underrepresented (D) all of the other specific choices are possible (E) none of the other specific choices are possible
(D)
423. The Rehabilitation Act and the Americans with Disability Act define a person with disability as one who: (A) has a physical impairment which substantially limits a major life activity (B) has a sincere belief that he suffers a significant disability (C) has a record of having a serious physical impairment (D) has a physical impairment which substantially limits a major life activity or has a record of having a serious physical impairment (E) has a physical impairment which substantially limits a major life activity or has a record of having a serious physical impairment or has a sincere belief that he suffers a significant disability
(D)
450. It is NOT illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions: (A) do you have AIDS? (B) have you ever been treated for mental health problems? (C) have you ever been treated for drug addiction? (D) have you ever held a position like this before? (E) all of the other specific choices are illegal
(D)
451. It is NOT illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions: (A) do you have AIDS? (B) have you ever been treated for mental health problems? (C) have you ever been treated for drug addiction? (D) are you currently using illegal drugs? (E) all of the other specific choices are illegal
(D)
452. It is NOT illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions: (A) do you have AIDS? (B) have you ever been treated for mental health problems? (C) have you ever been treated for drug addiction? (D) have you ever been arrested for driving under the influence of alcohol? (E) all of the other specific choices are illegal
(D)
454. Physical exams for new employees are legal if: (A) the same test is given to all new employees (B) the results are kept confidential (C) the exams are related to the ability to do the job (D) all of the other specific choices are necessary to make physical exams legal (E) physical exams for new employees are never legal
(D)
459. Fact Pattern 17-1 Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away. John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned. Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. Refer to Fact Pattern 17-1. If Loretta lived in a jurisdiction that followed the common law only, what would be the result of her suing John for employment discrimination? She would: (A) win because John created a hostile work environment (B) win because John broke his employment contract with her (C) lose because she violated the Statute of Frauds by not informing John of her past drinking problems (D) lose because of at-will employment (E) lose because women were not permitted to work under the common law
(D)
464. Fact Pattern 17-1 Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away. John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned. Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. Refer to Fact Pattern 17-1. Loretta files a complaint against Minute Cleaners and John based on sexual harassment. John appears to have committed which type(s) of sexual harassment against Loretta? (A) quid pro quo harassment (B) disparate harassment (C) hostile work environment harassment (D) quid pro quo harassment and hostile work environment harassment (E) quid pro quo harassment and hostile work environment harassment and disparate harassment
(D)
465. Fact Pattern 17-1 Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away. John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned. Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. Refer to Fact Pattern 17-1. If a court applied the standard from Harris v. Forklift Systems, to Loretta's case, what would the outcome be? (A) cause her case to be dismissed (B) cause Minute to win because they had no notice of John's offensive behavior (C) perhaps weaken her case against the owner but not against John (D) cause John's actions to be interpreted as creating a hostile or abusive work environment (E) cause her to lose due to failure to produce preponderance of the evidence
(D)
159. Historically, the common law permitted employers to: (A) hire workers only with government approval (B) fire workers only with government approval (C) fire workers at any time for "good cause" (D) fire workers for reasons listed in an employee handbook (E) none of the other choices
(E)
161. Jim Crow laws were federal and state laws that: (A) prohibited racial segregation and labor market discrimination (B) restricted racial segregation and labor market discrimination (C) restricted unions' ability to discriminate based on sex (D) restricted unions' ability to discriminate based on race (E) none of the other choices are correct
(E)
163. The first federal law that specifically addressed equal employment issues was the: (A) Landrum-Griffin Act of 1959 (B) Civil Rights Act of 1964 (C) National Labor Relations Act of 1935 (D) Interstate Commerce Act of 1887 (E) Equal Pay Act of 1963
(E)
164. The first federal law that specifically addressed equal employment issues was the: (A) Landrum-Griffin Act of 1959 (B) Civil Rights Act of 1964 (C) National Labor Relations Act of 1935 (D) Interstate Commerce Act of 1887 (E) none of the other choices
(E)
166. The Equal Pay Act of 1963 was: (A) the last in a series of federal employment discrimination statutes (B) the most recent federal employment discrimination statute (C) the first state employment discrimination statute (D) a major setback for supporters of antidiscrimination legislation (E) none of the other choices are correct
(E)
167. The Equal Pay Act: (A) prohibits pay discrimination on the basis of age (B) prohibits pay discrimination on the basis of sexual orientation (C) prohibits pay discrimination on the basis of seniority (D) encourages pay discrimination on the basis of nationality (E) prohibits pay discrimination on the basis of sex
(E)
173. Under the Equal Pay Act, men and women may be paid different wages if: (A) wages are based on a seniority system (B) wages are based on a merit system (C) wages are based on quantity of production (D) wages are based on quality of production (E) all of the other choices are correct
(E)
175. Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by: (A) lowering the wages received by men (B) lowering the wages received by women (C) raising the wages received by men (D) giving stock options to the group discriminated against (E) none of the other choices
(E)
176. Violations of the Equal Pay Act can result in what corrective action? Employees: (A) paid too little must be given back wages to equalize their past low earnings (B) paid too little may be given a payment beyond the amount of back wages they are due to penalize the employer (C) who successfully sue their employer may be awarded attorney's fees and court costs (D) paid too little must be given back wages to equalize their past low earnings and who successfully sue their employer may be awarded attorney's fees and court costs (E) paid too little must be given back wages to equalize their past low earnings and who successfully sue their employer may be awarded attorney's fees and court costs and paid too little may be given a payment beyond the amount of back wages they are due to penalize the employer
(E)
178. The most important antidiscrimination employment law is: (A) Title V of the Civil Rights Act of 1964 (B) the Equal Pay Act of 1963 (C) Title I of the Civil Rights Act of 1963 (D) Title VII of the Civil Rights Act of 1963 (E) none of the other choices are correct
(E)
180. The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the: (A) National Labor Relations Board (B) U.S. Civil Rights Commission (C) Department of Labor (D) Equal Pay Commission (E) none of the other choices
(E)
184. For Title VII of the Civil Rights Act to apply, an employer must have: (A) at least 5 employees (B) no more than 50 employees (C) at least 100 employees (D) at least 10 employees (E) none of the other choices are correct
(E)
188. Title VII of the Civil Rights Act protects all of the following classes from employment discrimination except: (A) race (B) color (C) national origin (D) women who are not pregnant (E) all of the other choices are protected
(E)
189. Besides regular private employers, Title VII applies to which of the following? (A) labor unions (B) employment agencies (C) government agencies (D) labor unions and employment agencies (E) labor unions and employment agencies and government agencies
(E)
206. The preferential treatment of members of protected classes is: (A) guilt-driven discrimination (B) irrational discrimination (C) legal discrimination (D) equalizing discrimination (E) none of the other choices are correct
(E)
214. Title VII restricts discrimination based on: (A) appearance (B) experience (C) education (D) attitude (E) none of the other choices
(E)
221. An employee joins a religion that requires members to keep a chicken by their side all morning and then cut-off a chicken's head at noon and suck the blood. The employer tells the employee that he may not do this at work. The employee claims he has the right to do this as a religious belief, so the employer fires him. If sued for discrimination, the court will likely rule that: (A) these religious beliefs are valid and so they must be allowed (B) the chicken act may be done, but only in a room set aside for that purpose (C) this is an odd "religion," so Title VII does not apply (D) the employee should be required to go to a class on the humane treatment of animals (E) none of the other choices
(E)
228. Title VII prohibits discrimination in employment based on sex. This does not include: (A) sexual preferences (B) marital status (C) sexual identity (D) sexual preferences or sexual identity (E) sexual preferences or sexual identity or marital status
(E)
232. The Pregnancy Discrimination Act, a part of Title VII, provides protection for which pregnancyrelated condition? (A) fringe benefits (B) childbirth (C) related medical conditions (D) insurance benefits and childbirth (E) childbirth and related medical conditions and fringe benefits
(E)
233. Title VII sex discrimination includes discrimination with respect to: (A) plans to have children in the future (B) current pregnancy (C) having children already (D) insurance benefits and childbirth (E) all of the other choices are included under the law
(E)
242. A woman has a difficult time with her pregnancy. She uses up all her leave time and sick time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer must give her additional time off: (A) with pay, only if a physician recommends that (B) with pay, if she provides medical evidence that it is necessary (C) with pay, by extending her sick time and leave time, as required by law (D) with pay, if she requests it, so long as she is pregnant (E) none of the other choices
(E)
244. Many employers monitor the e-mail their employees send and receive at work. The courts have held that this practice is legal: (A) never, because it is an invasion of privacy. (B) only if an e-mail concerns an illegal matter. (C) only if the e-mails concern company business. (D) so long as the employees give the employer permission. (E) because e-mails are being transmitted on company time and property.
(E)
245. Sexual harassment does not appear to include: (A) commenting on physical attributes (B) deliberate, unsolicited touching of a sexual nature (C) using crude or offensive language directed at a woman (D) discussing explicit sexual activities (E) all of the other choices may be included
(E)
254. Sexual harassment legally does not include: (A) "unwelcome" advances (B) offensive working environment (C) verbal conduct of a sexual nature (D) any of the other choices (E) all of the other specific choices may be illegal
(E)
256. To determine if there is a hostile environment in a sexual harassment case courts look at: (A) how often the conduct in question occurred (B) whether the alleged harassment was by a supervisor or a co-worker (C) whether there was talk or actual talk (D) whether more than one person was involved (E) all of the other specific choice are correct
(E)
258. In Harris v. Forklift Systems, a woman sued her employer based on the conduct of her male boss. The Supreme Court held: (A) all offensive conduct is illegal sexual harassment (B) even if the subject of the harassment does not care, an employer may still be liable for remarks that a reasonable person would find offensive (C) the woman failed to show mental distress sufficient for a cause of action under Title VII (D) employers will be liable only if the employee can prove physical harm (E) none of these
(E)
273. Which of the following is an example of age discrimination: (A) forcing retirement because of age (B) requiring older workers to pass physical examinations as a condition of continued employment (C) indicating an age preference in advertisements for employees (D) choosing to promote a younger worker rather than an older worker, because the older worker may be retiring in several years (E) all of the other specific choices are correct
(E)
281. John and Lisa are candidates for promotions. John is 34, Lisa is 56. John is given the promotion. Management decided that since Lisa has said she plans to retire in four years, promoting her would make little sense. In this case, the company: (A) had a legitimate reason for denying the promotion (B) had a compelling reason for denying the promotion (C) engaged in a forced retirement scheme (D) had a bona fide occupational qualification exemption for the decision (E) none of the other choices
(E)
293. The laws against discrimination in employment DO NOT cover which of the following areas: (A) pay raises (B) benefits (C) termination (D) discipline (E) all of these areas are covered by laws against discrimination in employment
(E)
294. The laws against discrimination in employment DO NOT cover which of the following areas: (A) hiring (B) promotion (C) transfers (D) opportunities (E) all of these areas are covered by laws against discrimination in employment
(E)
298. Lucy is the only woman in the police department. Some co-workers make insulting comments about her looks: they display pornographic materials in the offices: and harass her while she is working. After putting up with this for a year, Lucy quit in disgust. She may sue under Title VII based on: (A) disparate impact (B) remedial standards (C) bona fide occupational qualification (D) remedial standards and disparate impact (E) none of the other choices
(E)
304. Surveys show that people may prefer to deal with members of their own race. A company assigns white salespersons to white clients and Hispanic salespersons to Hispanic clients. This makes revenues to all the salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are: (A) illegal only if the salespersons earn different wages (B) legal since the interests of the customers is the same as the interests of the firm (C) legal if a majority of the salespersons of all races have approved the market division (D) legal as a BFOQ (E) none of the other choices
(E)
305. When the effect of a hiring or promotion decision is intentionally discriminatory it is called: (A) mixed motive qualification (B) McDonnell-Douglas discrimination (C) disparate impact (D) pretextual treatment (E) none of the other choices
(E)
308. An employee suing an employer for ____ under Title VII must show that the employer intentionally discriminated against them (A) intentional discrimination treatment (B) indisparate treatment (C) secondary treatment (D) disparate impact (E) none of the other choices are correct
(E)
310. In McDonnell-Douglas Corp. v. Green, the Supreme Court established a four-part test that a plaintiff must meet to establish: (A) a pretext of employment discrimination (B) a per se case of employment discrimination (C) a rule of reason case of employment discrimination (D) a case of reverse discrimination (E) none of the other choices
(E)
311. Which is not one of the parts of the McDonnell-Douglas test that a plaintiff must establish to carry forward a hiring discrimination claim against an employer: (A) belongs to a protected class (B) meets job qualifications (C) was rejected (D) employer continued to seek others with similar qualifications (E) all are part of the test
(E)
314. The four-part test that the plaintiff in a disparate treatment case must meet to provide a prima facie discrimination case was established by: (A) the Supreme Court in the Swierkiewicz v. Sorema decision (B) the President in the Title VII Amendment of 1992 (C) Congress in the McDonnell-Douglas decision (D) Congress in the Title VII Amendment of 1992 (E) none of the other choices are correct
(E)
318. In a trial where a person has claimed employment discrimination has occurred and the plaintiff has shown a prima facie case, the employer's reason for his action must be: (A) legitimate (B) nondiscriminatory (C) clear (D) reasonably specific (E) all of the other choices are necessary
(E)
321. If, at a trial for employment discrimination, the employer offers a job-relevant rationale for the decision that was made that the plaintiff is claiming is in fact discrimination, the plaintiff must show that the employer's rationale is what is called a: (A) prima facie excuse (B) constructive excuse (C) differential (D) disparate (E) none of the other choices
(E)
324. If workers are punished for participating in an official proceeding, such as filing an employment discrimination complaint or giving testimony in a discrimination investigation, they would have grounds for suit based on: (A) sex discrimination (B) pretext (C) court discrimination (D) disparate treatment (E) none of the other choices are correct
(E)
326. In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court held that: (A) Lewis could not sue for sex discrimination since the person who fired her was also a woman (B) Heartland's proffered reason for Lewis's termination was not pretextual and the district court's ruling against Heartland should be reversed (C) Heartland's proffered reason for Lewis's termination was not pretextual and the district court's ruling for Heartland should be reversed (D) Heartland's proffered reason for Lewis's termination was sufficient explanation for her termination (E) none of the other choices are correct
(E)
328. In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court applied: (A) the National Discrimination Standard (B) the four-part framework from the Constitution for making a prima facie case (C) the standard Title VII test for discrimination (D) the two-part framework from the Sullivan-Douglas decision for making a sex discrimination case (E) none of the other choices are correct
(E)
331. In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when a hostile environment is created by a supervisor, the Supreme Court held that: (A) the supervisor is personally liable, but the firm is not (B) the firm is strictly liable (C) the firm is liable only if it is shown that there was a quid pro quo (D) the firm is liable only if it is shown that the employee suffered adverse job consequences (E) none of the other choices
(E)
333. In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when an employee claimed she was subject to sexual harassment by her supervisor, but never reported the matter to superiors, the Supreme Court held that: (A) if it was quid pro quo harassment, not hostile work environment, then the firm is liable if the discrimination is proven (B) if it was hostile work environment, not quid pro quo harassment, then the firm is liable if the discrimination is proven (C) if it was either hostile work environment or quid pro quo harassment, then the firm is liable if the discrimination is proven (D) firms are not subject to liability in either case so long as they have a sexual harassment policy in place (E) none of the other choices
(E)
335. In Burlington Industries v. Ellerth and in Pennsylvania State Police v. Suders the Supreme Court noted that in a case where discrimination in the workplace is claimed, and the employee quits and claims constructive discharge for hostile environment: (A) if it was not quid pro quo harassment then a higher standard of proof for hostile work environment must be met (B) if a hostile work environment is shown, a rule of strict liability is applied (C) the theory of respondeat superior applies and the employer is liable if it allowed harassment to occur (D) it does not matter whether it was hostile work environment or quid pro quo harassment, the firm is likely to be vicariously liable unless the employee had a poor work record (E) none of the other choices
(E)
337. In Pennsylvania State Police v. Suders the Supreme Court noted that in a case where discrimination in the workplace is claimed, and the employee quits and claims constructive discharge for hostile environment: (A) the employee must remain on the job while seeking redress (B) the employer is liable for up to three months' worth of wages (C) the employee must exhaust all other options before quitting (D) the employee must give the employer at least 3 chances to make amends before quitting (E) none of the other choices are correct
(E)
339. In Pennsylvania State Police v. Suders the Supreme Court noted that in a case where harassment in the workplace is "so intolerable as to cause a resignation": (A) the employer is automatically liable for no less than three months of wages (B) constructive discharge is not the same as being fired for an illegal reason (C) constructive discharge is legal (D) the employee cannot sue for constructive discharge because she did not remain on the job while seeking redress (E) none of the other choices are correct
(E)
344. ____ involve employment practices that appear to be neutral on their face but in fact have a disproportionately adverse impact on an employee or group of employees who are members of a protected class. (A) disparate treatment cases (B) partial class discrimination cases (C) age discrimination cases (D) whole class discrimination cases (E) none of the other choices are correct
(E)
345. In bringing a suit charging an employer with a violation of Title VII, the courts recognize what as the theory of the law? (A) individual instances of disparate treatment or unintentional discrimination (B) neutral rules that perpetuate past discrimination (C) neutral rules that have a disparate impact and are not justified by business necessity (D) individual instances of disparate treatment or unintentional discrimination and neutral rules that have a disparate impact and are not justified by business necessity only (E) individual instances of disparate treatment or unintentional discrimination and neutral rules that have a disparate impact and are not justified by business necessity and neutral rules that perpetuate past discrimination
(E)
347. To select an employee from a group of applicants, employers may not use a selection criteria that results in: (A) disparate treatment (B) a perpetuation of past patterns of discrimination (C) disparate impact (D) disparate treatment or disparate impact only (E) disparate treatment or disparate impact or perpetuation of past patterns of discrimination
(E)
354. In general, to require job applicants to pass an aptitude tests is: (A) invalid because they are related to job performance (B) valid if given only to minorities (C) valid if given to every job applicant at a company (D) valid if one of the tests certified by the Department of Labor (E) none of the other choices
(E)
355. An employer may legally provide differential treatment to its employees based on: (A) merit (B) seniority (C) business necessity (D) merit or seniority only (E) merit, seniority or business necessity
(E)
360. Sam owns Speedy Bricklayers, Inc., a company that specializes in bricklaying. To maintain his business's reputation for quick, quality bricklaying, Sam requires that all employees are experienced bricklayers. This discriminates against potential employees who have never laid bricks before. Sam is likely: (A) in violation of Title VII because his employment practices do not pass the business necessity test (B) in violation of Title VII because people over 40 cannot lay bricks as fast as people under 40 (C) probably in violation of Title VII in some states, but not in others (D) in violation of Title VII because women cannot lay bricks as fast as men (E) none of the other choices are correct
(E)
363. A trucking company has employees who load 100-pound sacks on trucks. Of those who apply for the jobs, one man in three can lift 100-pound sacks, but only one woman in fifty. As a result, all 40 employees are men. In sex discrimination suit, the most likely result will be that the company will: (A) lose because the statistics prove the structure of the employment situation is discriminatory (B) lose because it could make smaller sacks smaller, which would increase the number of women who would be eligible (C) lose because physical tests for hiring are illegal (D) win because the work involved is traditional male work (E) none of the other choices
(E)
366. Seniority can legally be used to determine which of the following: (A) eligibility for pension plans (B) length of vacations (C) security from layoffs (D) amount of sick leave (E) all of the other specific choices are correct
(E)
368. Charles owns a club whose patrons are mostly African-American. He hires only African- Americans to serve drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue that the reason he denied Li the job is because being African- American is a bona fide occupational qualification, a court would find that Charles: (A) is wrong, based on the merit system doctrine (B) is correct, based on the Fourteenth Amendment (C) is correct, minority employers can take into account customer preferences as a BFOQ (D) is correct, based on affirmative action (E) none of the other choices
(E)
371. Which of the following situations is likely a violation of Title VII: (A) a Catholic priest is refused a job teaching at a Baptist seminary (B) an older man is rejected for consideration for being hired at a law firm because he does not have a law degree (C) a man convicted of child molestation is rejected for employment at a day care center (D) a Hispanic woman with a poor command of English is rejected for consideration to be an operator at a 911 emergency center (E) none of the other choices
(E)
373. Because of past racial discrimination, senior employees at a plant are all white. The junior workers are racially mixed. A reduction in business forces the firm to fire half its workers. To protect the racial composition of the workers, the company will lay off white older workers. This policy is likely to be viewed by the courts as: (A) an illegal violation of a bona fide occupational qualification (B) a legal way to preserve the racial mix of the work force (C) an illegal violation of the rights of the senior workers that can be corrected by laying-off junior white workers to preserve the jobs of the junior black employees (D) a legal way to create the equivalent of an affirmative action program (E) none of the other choices
(E)
375. A male model claims that his income is lower than it would be because of the domination of women in the modeling industry. He is capable of modeling women's clothing and sues the modeling agency for sex discrimination for not hiring him. The court is likely to find that he: (A) wins because of disparate treatment (B) wins so long as he can show that equally qualified males are not treated as well as females (C) wins because of disparate treatment (D) loses because white males under age 40 are not members of a protected class (E) none of the other choices
(E)
377. Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be? (A) picking models for clothing on the basis of sex (B) picking attendants in dressing rooms based on sex (C) picking topless waitresses on the basis of sex (D) all of the specific choices would all be illegal (E) all of the specific choices would all be legal
(E)
384. The possible remedies that an injured party may sue for under Title VII include: (A) back pay (B) punitive damages (C) reinstatement (D) back pay and reinstatement (E) all of the specific choices are possible
(E)
389. A(n) ____ is a deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members, when a particular class is underrepresented in the employer's workforce. (A) equal employment action program (B) disparate action program (C) fair employment action program (D) anti-discriminatory program (E) none of the other choices are correct
(E)
391. Executive Order 11246 requires all: (A) small business to undertake affirmative action programs (B) minority-owned businesses to undertake affirmative action programs (C) private universities to undertake affirmative action programs (D) agricultural businesses to undertake affirmative action programs (E) businesses with federal contracts totaling $10,000 a year to take affirmative action
(E)
392. Executive Order 11246 requires all: (A) small business to undertake affirmative action programs (B) minority-owned businesses to undertake affirmative action programs (C) private universities to undertake affirmative action programs (D) agricultural businesses to undertake affirmative action programs (E) none of the other choices
(E)
395. The Office of Federal Contract Compliance Programs (OFCCP), which monitors the affirmative action programs of federal contractors, was established in response to: (A) the Equal Pay Act (B) the Fair Labor Standards Act (C) the Federal Contract Equity Act (D) the National Labor Relations Act (E) none of the other choices
(E)
398. The mandatory analysis comparing the percent of minorities and women in the community in each job category with the percent employed by a government contractor is known as: (A) an affirmative action analysis (B) a workforce analysis (C) a contractor analysis (D) a government contractor analysis (E) none of the other choices are correct
(E)
399. The rules of affirmative action often require employers to: (A) conduct a work-force analysis for each job in an organization (B) take corrective action if certain protected groups are underutilized in any job category (C) make efforts to hire more women (D) conduct a work-force analysis for each job in an organization and take corrective action if certain protected groups are underutilized in any job category (E) conduct a work-force analysis for each job in an organization and take corrective action if certain protected groups are underutilized in any job category and make efforts to hire more women
(E)
400. Which of the following employment measures is (are) allowed as a part of an affirmative action program? (A) giving preferential treatment to minorities in hiring (B) investing more in training minorities to enhance their qualifications (C) setting goals for promotions of women employees (D) none of the specific choices are allowed (E) all of the specific choices are allowed
(E)
405. In U.S. v. Paradise, involving the hiring of black troopers by the Alabama highway patrol, the Supreme Court: (A) held that the employer had set a hiring quota for blacks that was too large given the composition of the labor force (B) agreed that the remedy proposed by the lower court was discriminatory to whites (C) reversed the lower court's hiring quota based on race remedy as being too vague (D) held that applicants scoring highest on employment tests must be hired regardless of race (E) none of the other choices
(E)
408. A county adopted a flexible affirmative action program with no specific quotas, but with the purpose of getting more women in certain positions in which there were no women. To accomplish its goal, the County hired a qualified woman instead of a man who had scored higher on a valid aptitude test. The man sued arguing the program was discriminatory. The Supreme Court held that this action was: (A) illegal because of reverse sex discrimination (B) legal if the county could demonstrate that the woman was better qualified than the man (C) legal only if the county adopted a program with specific clearly specified quotas (D) illegal because the affirmative action program had not been approved by the EEOC (E) none of the other choices
(E)
410. In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are: (A) non-existent (B) more protective of women and minorities (C) less protective of women, but more protective of minorities (D) less protective of minorities, but more protective of women (E) none of the other choices
(E)
414. The ____ provides protection for disabled persons seeking employment with, or who are currently employed by, employers that receive federal funds. (A) Disability Act of 1973 (B) Temporarily Disabled Persons Protection Act of 1973 (C) Title VII Disability Act of 1990 (D) Able Bodied Worker Act of 1990 (E) none of the other choices are correct
(E)
417. All companies with federal contracts of $2,500 or more have a duty to ensure the disabled an opportunity in the workplace by providing reasonable accommodations under the: (A) Disability Act of 1973 (B) Temporarily Disabled Persons Protection Act of 1973 (C) Title VII Disability Act of 1990 (D) Able Bodied Worker Act of 1990 (E) none of the other choices are correct
(E)
420. The employment rights of persons with disabilities and their rights to public accommodations, such as hotels, restaurants, theaters, public transportation, telecommunications, and retail stores were expanded by the: (A) Rehabilitation Act of 1990 (B) Physically Handicapped Americans Act of 1990 (C) Americans with Disabilities Act of 1973 (D) Disabled Americans Act of 1990 (E) none of the other choices are correct
(E)
422. The Rehabilitation Act and the Americans with Disability Act define a person with disability as one who: (A) has a physical impairment which substantially limits a major life activity (B) has a mental impairment which substantially limits a major life activity (C) has a record of having a serious physical impairment (D) has a physical impairment which substantially limits a major life activity or has a record of having a serious physical impairment (E) has a physical impairment which substantially limits a major life activity or has a record of having a serious physical impairment or has a mental impairment which substantially limits a major life activity
(E)
425. A person who has a physical or mental impairment which substantially limits one or more of such person's major life activities is defined as ____ by the Rehabilitation Act and the Americans with Disabilities Act. (A) a person with employment issues (B) a person with special needs (C) a person with unreasonable needs (D) a person with reasonable needs (E) none of the other choices are correct
(E)
426. Which of the following is defined as a "major life activity" by the Department of Health and Human Services: (A) caring for one's self (B) performing manual tasks (C) walking (D) seeing (E) all of the other specific choices are major life activities
(E)
427. Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services: (A) caring for one's self (B) speaking (C) walking (D) seeing (E) all of the other specific choices are major life activities
(E)
431. A person who has which of the following conditions is not protected under the Americans with Disabilities Act? (A) severe disfigurement (B) heart attack (C) a history of drug abuse (D) hearing impairment (E) all of the other choices are likely to be protected
(E)
433. Which of the following is an example of a disability covered by the Rehabilitation Act and the Americans with Disabilities Act: (A) a severe disfigurement (B) blindness (C) deafness (D) a history of heart attacks (E) all of the other specific choices are protected
(E)
435. In Keith v. County of Oakland, where the County refused to hire Keith as a swimming lifeguard because he is deaf, and he sued for disability discrimination, the appeals court held that: (A) had no suit because government employers are not subject to the disability law (B) was disabled but incapable of doing the job, so had no cause of action (C) was disabled and the employer must find another position he is capable of performing (D) was not able to perform this job but is not disabled for other jobs, so is not covered by the ADA (E) none of the other choices
(E)
440. Reasonable accommodations that employers must provide under the ADA is defined as: (A) whatever is necessary to make the workplace accessible (B) up to, but not exceeding, the value of a potential employee (C) de minimis expense (D) substantial physical or mental assistance (E) none of the other choices
(E)
441. Under the Disabilities Act, employers are required to make reasonable accommodations. This could include: (A) providing a reader for a blind employee (B) providing wheelchair access to company facilities (C) modifying work schedules to accommodate disabled employees (D) redesigning work stations so they are usable by disabled persons (E) all of the other choices
(E)
442. Which of the following is NOT a reasonable accommodation required of employers under the Americans with Disabilities Act: (A) making existing facilities accessible (B) job restructuring (C) providing readers to blind employees (D) modifying equipment (E) all of the other specific choices are reasonable accommodations
(E)
444. Which of the following is a reasonable accommodation required of employers under the Americans with Disabilities Act: (A) making existing facilities accessible (B) job restructuring (C) providing readers to blind employees (D) modifying equipment (E) all of the other specific choices are reasonable accommodations
(E)
446. An employee who works at a grocery store for many years as a checkout clerk becomes unable to operate the cash register because of pain in her fingers that has developed from pushing keys on the cash register for so long. Unqualified for any other job at the store, she is dismissed and sues for disability discrimination. Most likely she will: (A) be ordered reinstated into her previous job with an assistant to run the register (an accommodation) (B) be granted damages equal to the pay she would have collected had she remained at her position until retirement (C) be granted whatever amount of damages the jury wishes to award (D) be granted another position in the store as soon as one become available: she must be given priority in hiring (E) none of the other choices
(E)
455. Which of the following would not be a violation of the Rehabilitation Act or the Americans with Disabilities Act, because it goes beyond the scope of the legislation? (A) using standardized tests that screen out people with disabilities (B) refusing to hire job applicants because they have a history of drug abuse (C) asking job applicants if they have disabilities (D) not hiring a disabled person because the bathrooms cannot accommodate wheelchairs (E) all of the other choices are likely illegal
(E)
457. Which of the following would not be likely to be a violation of the Americans with Disabilities Act, because it goes beyond the scope of the legislation? (A) using standardized tests that screen out people with disabilities (B) refusing to hire job applicants because they have a history of drug abuse (C) asking job applicants if they have disabilities (D) not hiring a disabled person because the bathrooms cannot accommodate wheelchairs (E) all of the other choices are likely to be violations
(E)
461. Fact Pattern 17-1 Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away. John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned. Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. Refer to Fact Pattern 17-1. Suppose after Loretta leaves Minute Cleaners she applies to work at Hour Cleaning. Hour has advertised that it needs help. The day after Loretta fills out her application, Hour tells her they are not interested. Loretta learns that Hour only hires handsome men, who attract lots of customers. If Loretta pursues a discrimination action against Hour, she would need to establish a prima facie case of discrimination. The test for which was elaborated in: (A) U.S. v. Paradise (B) Wygant v. Jackson Board of Education (C) Johnson v. Transportation Agency of Santa Clara (D) Price Waterhouse v. Hopkins (E) McDonnell-Douglas Corp. v. Green
(E)
463. Fact Pattern 17-1 Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away. John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned. Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. Refer to Fact Pattern 17-1. Under Title VII, Loretta is a member of a protected class based on sex. If she were also divorced, she would be given: (A) added protection due to sexual harassment (B) added protection under the Pregnancy Discrimination Act (C) added protection under the Disabilities Act (D) added protection under the McDonnell-Douglas test (E) no additional protection
(E)
