Ch 29

disparate-impact discrimination

Discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect.

If JJ Camera had a policy that there could be no Muslim workers that are allowed to work on the sales floor, the policy would be an example of: disparate treatment discrimination. disparate effect discrimination. disparate control discrimination. disparate impact discrimination.

disparate treatment discrimination.

Disparate-treatment discrimination

A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.

What would Herman's best defense, if true, to an ADA claim be? Bad eyesight is not a disability under the ADA. Jake is old and would not keep the job for more than a few years. There is nothing reasonable that can be done to accommodate Jake's eyesight. Jake would need special equipment to do the job, and the employer does not have to supply anything to its employees.

There is nothing reasonable that can be done to accommodate Jake's eyesight.

Assume that when Elise further explained the harassment that she spoke of in the video that she explained that there was a female manager who did not recommend Elise for promotion because she did not succumb to the manager's advances. Which of the following is correct? This kind of harassment would constitute hostile environment sexual harassment. There could be no harassment, because both Elise and the supervisor are female. This kind of harassment would constitute tangible action sexual harassment. This kind of harassment would constitute quid-pro-quo sexual harassment.

This kind of harassment would constitute quid-pro-quo sexual harassment.

Can Meg's condition qualify as a disability under the Americans with Disabilities Act (ADA)? No, because it is not something that she is born with. Yes. No, because it may get better with time. No, if it can be corrected by wearing a neck brace.

Yes.

Julio lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Julio applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer: a. might be engaged in disparate-impact discrimination. b. has almost certainly done nothing wrong. c. might have violated the Americans with Disabilities Act (ADA). d. might be engaged in disparate-harm discrimination.

a. might be engaged in disparate-impact discrimination.

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? discrimination based on age can occur _________

at any age

Min applies for a job as a receptionist at an accounting firm. If she is denied a job because she is of Asian origin, she may be a victim of: a. direct-treatment discrimination. b. disparate-treatment discrimination. c. disparate-impact discrimination. d. primary-treatment discrimination.

b. disparate-treatment discrimination.

Rhonda is not hired for her dream position and believes that she is the victim of gender discrimination. She is angry and wants to immediately file a lawsuit in the closest courthouse she can find. Rhonda: a. can file a suit in any court she chooses. b. must first file a complaint with the EEOC. c. must first file a complaint with the Employment Nondiscrimination Office (ENO). d. can file a suit, but it must be in federal court and not the nearest court she can find.

b. must first file a complaint with the EEOC.

Assume that Jacqui decides that she no longer wants Meg to work at JJ Camera. She is afraid to fire her because she is afraid Meg will bring a discrimination lawsuit. Instead she decides to make Meg's working conditions so deplorable so that Meg will quit. Meg can argue that this constitutes: constructive discharge. quasi-discharge. practical discharge. de facto discharge.

constructive discharge.

Byron runs a business cleaning gutters. Lance, who is in a wheelchair, applies for a job working for Byron as a cleaner. Byron does not hire Lance and is very frank about the reason: Lance's disability. If Lance sues Byron, a. Lance will win because this is clearly disability discrimination. b. Lance will win because Byron does not have any possible defenses. c. Byron will win because Lance is not qualified under the ADA. d. Byron will win if he can show that being able to climb a ladder is a requirement of the position.

d. Byron will win if he can show that being able to climb a ladder is a requirement of the position.

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. sexual harassment is prohibited under Title VII of the civil rights act of 1964 as part of ____ discrimination

gender

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. in _____ sexual harassment, the supervisor typically demands sexual favors in return for job security or job opportunity

quid pro quo

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. If bradford was demoted shortly after reporting this behavior, even though it was verified, bradford may have a claim for _______

retaliation

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. STANDER'S behavior was ___ in nature

sexual

tangible employment action

A significant change in employment status or benefits, such as occurs when an employee is fired, refused a promotion, or reassigned to a lesser position.

constructive discharge

A termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave.

James was a thirty-eight-year-old man in good health. One of his hands shook slightly for no apparent reason. The doctors could not find a medical cause for it. James's employer worried about the potential for early-onset Parkinson's disease or another neurological disorder, so he fired James. Under the ADA: a. James is not disabled and so cannot bring a claim. b. James must show some record of the disability to bring a claim. c. James can bring a claim as being "regarded" as having a disability. d. James must wait to get a diagnosis before he can bring a claim.

c. James can bring a claim as being "regarded" as having a disability.

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? if the employer in this case offered as a nondiscriminatory reason for his termination that ....

he failed to meet the new expections of the position

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. based on the facts, a court __ likely to find DCBS liable for the sexual harassment

is

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? What if the facts were different?? assume all of the employees who were terminated were no more than three years younger than rangel or were older than rangel. this ____ strengthen Rangel's argument that age was the sole motivation for the layoffs

would

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? paul rangel worked for the company as a sales professional for __ years

22

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? age discrimination is illegal under the ADEA when the party suffering the discrimination is age __ or beyond

40

prima facie case

A case in which the plaintiff has produced sufficient evidence of his or her claim that the case will be decided for the plaintiff unless the defendant produces no evidence to rebut it.

business necessity

A defense to an allegation of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance.

Bona fide occupational qualification (BFOQ)

An identifiable characteristic reasonably necessary to the normal operation of a particular business. Such characteristics can include gender, national origin, and religion, but not race.

Assume for this question Herman has 55 employees. When Herman asks Sally about Jake's ability to see, what would be considered? If Herman is correct, and Jake cannot see, the Americans With Disabilities Act would require Herman to make any accommodation to hire Jake. If Herman is correct and Jake cannot see, Herman would have to make a reasonable accommodation if Jake could do the job with the accommodation. Any requirements for accommodations would be weighed against the undue hardship it creates to the employer. Both "If Herman is correct and Jake cannot see, Herman would have to make a reasonable accommodation if Jake could do the job with the accommodation" and "Any requirements for accommodations would be weighed against the undue hardship it creates to the employer."

Both "If Herman is correct and Jake cannot see, Herman would have to make a reasonable accommodation if Jake could do the job with the accommodation" and "Any requirements for accommodations would be weighed against the undue hardship it creates to the employer."

Assume that when Elise further explained the harassment that she spoke of in the video that she explained many of her co-workers in the warehouse were overtly sexual in nature and that she was constantly made fun of because her religion prohibits premarital sex. Which of the following is true? Elise can bring a sexual harassment claim immediately. Management may take immediate remedial action and prevent Elise from being able to bring a sexual harassment lawsuit. For Elise to bring a sexual harassment lawsuit she would have to prove that management knew or should have known about the harassment. Both "Management may take immediate remedial action and prevent Elise from being able to bring a sexual harassment lawsuit" and "For Elise to bring a sexual harassment lawsuit she would have to prove that management knew or should have known about the harassment."

Both "Management may take immediate remedial action and prevent Elise from being able to bring a sexual harassment lawsuit" and "For Elise to bring a sexual harassment lawsuit she would have to prove that management knew or should have known about the harassment."

Meg was given accommodation by being allowed to do inventory in Springfield and also that she takes extra break time. Which of the following is correct? Courts would examine what is a reasonable accommodation for Meg on a case by case basis. The ability to do inventory in Springfield is a reasonable accommodation, but not the extra break time. The ability to do inventory in Springfield and the extra break time are both reasonable accommodations. The extra break time is a reasonable accommodation, but ability to do inventory in Springfield is not.

Courts would examine what is a reasonable accommodation for Meg on a case by case basis.

If Meg's condition were to qualify as a disability under the Americans with Disabilities Act (ADA), which of the following is true? JJ Camera must give her reasonable accommodation if she can do the job with the accommodations. JJ Camera must give any accommodation that will help her perform the job. JJ Camera must promote her to jobs even if she is not otherwise qualified for a job. JJ Camera does not have to take Meg's recommendations for accommodation into account.

JJ Camera must give her reasonable accommodation if she can do the job with the accommodations.

If JJ's Camera has a dress code that Elise believes is discriminatory based on religion, which of the following is true? JJ Camera can have a "favored religion." JJ Camera would have to allow Elise to do anything that was required of her religion. The religion must be one that is traditionally recognized. JJ Camera would have to "reasonably accommodate" the Elise's practices of its employees, unless to do so would cause undue hardship to its business.

JJ Camera would have to "reasonably accommodate" the Elise's practices of its employees, unless to do so would cause undue hardship to its business.

Affirmative action

Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination.

When Herman asks "any more recent employment history? Eliot has been out of business for 20 years," is he violating the Age Discrimination in Employment Act? No, since Herman has to determine if Jake is qualified for the job. Yes, since he has worked on cars in the past, Herman would have to reasonably accommodate him by training him. No, since Jake obviously appears to be old it is irrelevant. Yes, it is a backdoor attempt to guess Jake's age.

No, since Herman has to determine if Jake is qualified for the job.

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. under hostile work environment sexual harassment, the behavior must be sufficiently _____ to ____ the conditions of employment and create a _____ situation

Severe, Alter, abusive

If Herman were to not hire Jake, what would Jake have to show to win an Age Discrimination in Employment Act (ADEA) case? That he was qualified for the job, he was at least 40, and he was not hired due to his age. That he was qualified for the job, and he was not hired due to his age (no matter how old he is). That he was qualified for the job, he was at least 40 years old, and the job was given to someone under the age of 40. That he was qualified for the job, and he was at least 40 years old.

That he was qualified for the job, he was at least 40, and he was not hired due to his age.

Assume that Elise quits her job at JJ Camera to become the chief executive at a local Muslim mosque. The Mosque requires that its employees be Muslim and that female employees wear a hijab. If a non-Muslim were to apply for a job at the mosque and be denied, what would the mosques best defense against a religious discrimination claim be? The bona fide occupational qualification defense. The business necessity defense. The after-acquired evidence defense. It would not have a defense and would have to hire the best qualified candidate regardless of religion.

The bona fide occupational qualification defense.

Is Jake correct when he says that what is relevant is the "experience not the age"? No, that is why you are allowed to ask someone's age at a job interview. Yes, generally the law requires that employers focus on issues relevant to the job only. No, they are both relevant and Herman can take the age into consideration. Yes, generally the law requires that employers focus on issues relevant to the job only, and since he can do the job Herman must hire him.

Yes, generally the law requires that employers focus on issues relevant to the job only.

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. hostile work environment occurs when ________ of sexually offensive conduct occurs

a pattern

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? in this case, the employees who were terminated were __________

a variety of ages, including younger than rangel

Melissa works as a computer data-entry operator at VeraSign. Melissa informs VeraSign that she was just diagnosed with carpal tunnel syndrome, which causes pain in her wrists, rendering her unable to use a keyboard. Melissa requests as an accommodation that VeraSign hire a data-entry employee to enter the information on her behalf. VeraSign refuses to do so. VeraSign has: a. not violated the ADA because the requested accommodation is an undue hardship on the employer. b. violated the ADA because it discriminated against an employee with a disability. c. violated the ADA because it failed to provide a reasonable accommodation. d. not violated the ADA because modifying computer technology is not a covered protection.

a. not violated the ADA because the requested accommodation is an undue hardship on the employer.

Wally is blind and would like to work for Dairy Times writing articles on the dairy industry. Wally uses voice-recognition software that allows him to dictate articles to his computer. His computer is specially designed for visually impaired individuals. Dairy Times interviews Wally but offers the job to a sighted person instead. Dairy Times may have violated: a. the ADA. b. the ADEA. c. the NRA. d. 42 U.S.C. Section 1981.

a. the ADA.

Rheingold Supply has a seniority system by which employees who have worked the longest are first in line for promotions and last to be laid off. As a result, most of the senior managers at Rheingold Supply are men. If Jane files a claim of illegal discrimination, Rheingold Supply: a. will have a legitimate defense because gender is a bona fide occupational qualification for senior management. b. will have a legitimate defense because Rheingold Supply has a seniority system in place. c. will have a legitimate defense because retaining men in top management positions is a business necessity. d. will be in violation of Title VII of the Civil Rights Act.

b. will have a legitimate defense because Rheingold Supply has a seniority system in place.

Melanie and Beau both work at comparable jobs at Technology Impact, Inc. Melanie is paid 15 percent less than Beau. Which of the following is not a legitimate defense to this pay inequality? a. The company has a merit system in place, and Beau has performed better at his job than Melanie has at hers. b. The company pays according to production, and Beau produces more. c. The company pays Melanie less because she has a husband who is a highly successful businessperson. d. The company has a seniority system, and Beau has been with the company longer than Melanie.

c. The company pays Melanie less because she has a husband who is a highly successful businessperson.

Carl tells Jenny that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, this is known as: a. settled harassment. b. hostile-environment harassment. c. quid pro quo harassment. d. invidious harassment.

c. quid pro quo harassment.

Kay runs a business and her target customer population is the twenty- to forty-five-year-olds. Because she wants her employees to be "in tune" with the younger crowd, she requires all of her front staff to quit or retire from her company at the age of fifty. This a. violates the Americans with Disabilities Act, because it appears she is trying to avoid paying insurance for those who are most likely to become disabled. b. violates Title VII of the Civil Rights Act c. violates the Age Discrimination in Employment Act. d. is not a violation of any federal laws.

c. violates the Age Discrimination in Employment Act.

The Carter University has an admissions policy that requires a certain number of points to be automatically awarded to minority applicants. This type of policy may violate the: a. advancement clause. b. establishment clause. c. access to education clause. d. equal protection clause.

d. equal protection clause.

Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed, who is a Muslim, applies for the job. The church declines to hire him and continues to look for other applicants. If Mohammed files a claim of illegal discrimination against the church, the church: a. can assert that its hiring practices are not intentionally discriminatory. b. can claim that Mohammed did not make out a prima facie case of illegal discrimination. c. can contend that the EEOC's "80 percent rule" is irrelevant when there is only one available job. d. may assert a bona fide occupational qualification (BFOQ) defense.

d. may assert a bona fide occupational qualification (BFOQ) defense.

Norm worked as a sales person for his firm. When he turned fifty, the office had a party for him. His boss made a lot of jokes about Norm getting too old to keep up with the younger staff. Those comments continued past the party for several months. Norm was fired six months later. When he filed a complaint for age discrimination, the boss defended his actions by saying Norm was fired for not meeting sales quotas. Norm had missed his quota for only one month, and he provided evidence that younger employees who had missed up to three months of the quotas were not terminated. Norm is attempting to show that: a. he suffered an adverse employment action. b. the employer engages in Title VII discrimination. c. age was one of the motivating factors for his termination. d. the employer's defense was a pretext.

d. the employer's defense was a pretext.

Kurt is fifty-two years old and, until recently, worked for a company covered by the Age Discrimination in Employment Act (ADEA) of 1967. He wants to bring a claim of age discrimination against his employer because he was replaced by a younger, lower-paid worker. To make out a prima facie case of age discrimination, Kurt does not have to establish that he: a. was qualified for the job he lost. b. was discharged in a way that creates an inference of discrimination. c. is a member of the protected age group. d. was replaced by someone who was below the age of 40

d. was replaced by someone who was below the age of 40

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. in this case, the employer ________ treat the situation seriously

did not

JJ's Camera appears to have a dress code policy that would prohibit Elise's headgear. If this policy had the effect of limiting Muslim women from jobs on the sales floor then Elise could claim that the policy constituted: disparate treatment discrimination. disparate control discrimination. disparate effect discrimination. disparate impact discrimination.

disparate impact discrimination.

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? in this case, it is likely that rangel will _____ that age was the motivating factor

fail to show

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? the age discrimination in employment act (ADEA) is a ____ law

federal

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? to meet the third element of the prima facie case, rangel must show that.......

his termination was motivated entirely by his age

Assume that when Elise further explained the harassment that she spoke of in the video that she explained many of her co-workers in the warehouse were overtly sexual in nature and that she was constantly made fun of because her religion prohibits premarital sex. This may be: quid-pro-quo sexual harassment. no form of sexual harassment because this was done by coworkers who did not have power over her at the job. tangible action sexual harassment. hostile environment sexual harassment.

hostile environment sexual harassment.

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? because younger employees who did not meet the expectations of the position also were terminated, it _____ likely that the reason offered by the employer was a pretext

is not

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. because stander was a co worker and not a supervisor, the employer will be liable only if the employer ____________________ and failed to take ____________ action

knew or should have known about the behavior immediate remedial

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. does it matter if billie bradfor was a man or a women?

no

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? paul rangel ___ at least 40 years old

was

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? the court is likely to find that rangel ___ terminated based solely on age and so __________ will win this lawsuit

was not, Sanofi-Aventis U.S. LLC (S-A)

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. stander ________ bradfors supervisor and ______ demand anything in return for sexual favors

was not, and did not

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. What if the facts were different?? if the supervisor put stander on administrative leave immediately after receiving the report of the bad behavior in order to do an investigation and then terminated Stander upon verifying the behavior, the DCBS likely _______ be liable for sexual harassment

would not

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? being in his position for that long _____ be evidence that he was qualified for the position, so the second element of the prima facie case _____ be met

would, would

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. was stander's conduct sexually offensive to at least one co-worker?

yes

Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touching herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. was standers conduct continuing to the extent that it would be considered a pattern?

yes

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? can paul rangel show that he was a member of a protected class of people under the ADEA?...

yes

Since 1986, Paul Rangel was a sales professional for the pharmaceutical company Sanofi-Aventis U.S. LLC (S-A). Rangel had satisfactory performance reviews until 2006, when S-A issued new "expectations" guidelines with sales call quotas and other standards that he failed to meet. After two years of negative performance reviews, Rangel—who was then more than forty years old—was terminated as part of a nationwide reduction of all sales professionals who had not met the "expectations" guidelines, including younger workers. Did S-A engage in age discrimination? to show that age was the motivating factor for illegal discrimination, rangel could show that employees _____ replaced him

younger than he