EEOC Quiz 3 Student Questions: Chapters 4,7,8, & 9

In Oubre v. Entergy Operations (1998), the plaintiff filed an ADEA suit after signing a voluntary termination agreement that included a release to waive all claims against the company. However, the organization failed to do what?

Comply with three waiver requirements under the OWBPA.

In Smith v. City of Jackson (2005), the court altered the burden of proof in which phases for ADEA adverse impact claims?

2 & 3

Although the ADEA shares many characteristics with Title VII, many distinctions exist. For instance, organizations with at least _ employees must comply with ADEA.

20

What is the monetary lower limit for those with federal contracts that are covered by the OFCCP?

$10,000

In 2019, monetary settlements by the Office of Federal Contract Compliance Program reached the highest levels ever obtained. What was the dollar amount?

$40,000,000

Just like in EEOC v. Waffle House (2002), ____ is a process for resolving a dispute outside of the court system, in which the dispute is presented to a third party or panel that renders a decision that cannot be further challenged or brought to court in any way.

Binding arbitration

Which of the following is not an ADEA Defense?

Bona Fide Bonus Package

What is the best practice for religious accommodations under Title VII?

Businesses should assume requests for religious accommodation to be legitimate (sincerely held) unless given reason not to.

What is NOT on the list of criteria for determining if an infectious disease poses a threat to others?

Communities put at risk of harm

What is the name of the legislation that was signed in 2008 to clarify several critical points that were not interpreted in accordance with Congress' original intentions?

Americans with Disabilities Act Amendments Act (ADAAA)

What act was signed into law by George W. Bush, and what was the purpose of this legislation?

Americans with Disabilities Act of 1990 - an effort to reduce workplace discrimination on the basis of physical and mental disabilities.

What is an 'undue hardship' when it comes to disability accommodations?

An accommodation that is overly demanding or costly for a given organization when considering its resources, size, and nature of the business.

Which case decision relating to similarly situated employees stated that comparators must be similarly situated but do not need to be identical?

Andujar v. General Nutrition Corporation (2019)

In which of the following cases did the Supreme Court rule that "An employer has met its obligation...when it demonstrates that it has offered a reasonable accommodation to the employee?"

Ansonia Board of Education v. Philbrook (1986)

What is the yardstick for assessing if impairments count as a legal disability?

Average Person Standard - if an individual's impairment is greater than that experienced by the average person.

Which case set the precedent that the criteria to demonstrate age discrimination differs for federal-sector employees versus those in private entities?

Babb v. Wilkie (2020)

The use of a ___ factor to achieve diversity was illustrated in In Johnson v. Transportation Agency of Santa Clara County (1987). This factor is any trait of a person that may give them an advantage under affirmative action.

Plus

In phase 1 in the burden-shifting process for age discrimination, plaintiffs must establish a prima facie case by providing all of the following except...

They are age 45 or older

Companies may deny religious-based dress and grooming practices if they offer evidence that

workplace safety, health, or security

If a plaintiff satisfies one of the required prongs under the American Disabilities Act, they must also do which of the following to form a prima facie case?

They must demonstrate they are qualified to perform the essential functions with or without reasonable accommodations.

When David (55) was fired for violating safety rules, he sued because he believed that eight other employees who were younger and similarly situated were treated more fairly. In this case, the Courts ruled that David produced insufficient evidence to establish prima facie. Which case was this?

*McDaniel v. Progress Rail Locomotive (2020)

In order to be considered substantially younger, the age gap tends to exceed 8-10 years for courts to agree it is significant enough for prima facie. Which of the following cases successfully made this argument?

*O'Conner v. Consolidated Coin Caterers (1996)

Title VII prohibits employers with at least __ employees from discriminating in employment based on race, color, religion, sex, and national origin.

15

Freedom from religious discrimination is covered by what amendment?

1st Amendment

In Sherbert v. Verner (1963),4 Adeil Sherbert, a Seventh Day Adventist, was fired for refusing to work on Saturdays. Sherbert alleged that the state's actions were a violation of the

1st and 14th amendment

According to the Bureau of Labor Statistics, the median age for workers in 2024 will be:

42.5

When the Americans with Disabilities Act (1990) was enacted, Congress received reports regarding the estimated number of individuals in the United States that the Act would cover. What was this number at the time?

43 million

The Bureau of Labor Statistics concluded that the unemployment rate in 2019 for those with disabilities was _____ compared to an unemployment rate of 3.5% for individuals without disabilities.

7.3%

How many states have banned the use of affirmative action programs in public employment and education based on various factors?

9

The Civil Rights Act of 1991 created what criteria for the consent decrees?

A party cannot challenge a consent decree later if they were provided with sufficient notice of a proposed agreement and had an opportunity to present their views.

Physical Ability Tests Under the ADA must be administered when?

After a conditional job offer is made.

What is different about affirmative action in the private sector?

Diversity alone may not be sufficient to be considered as a compelling interest

Which of the following are part of the eight provisions that are specified in the Older Workers Benefit Protection Act (OWBPA)?

Do not contain claims that can occur after the agreement is signed

When Christine (57) was fired for poor job performance, she sued her employers and provided evidence that other employees in the same position (but younger) were violating policies also, but were not fired. The defendant argued that because there were different supervisors involved, they could not be considered similarly situated. Which case was this and what did the courts decide?

Earl v. Nielson Media Research (2011) - Courts ruled in favor of the Plaintiff

The Religious Restoration Freedom Act was passed to reverse which ruling?

Employment Division, Department of Human Resources of Oregon v. Smith (1990)

Which of the following cases did the Supreme Court rule in favor of the plaintiff regarding allowing an element of a religious ceremony?

Employment Division, Department of Human Resources of Oregon v. Smith (1990) - Drug Rehab employee fired for using hallucinogenic substances for Native American ceremonial rites.

In Lemon v. Kurtzman (1971), two states (Pennsylvania and Rhode Island) passed laws that provide financial support to non-secular, private elementary schools. The law was challenged by taxpayers and citizens who alleged that the law violated the 1st Amendment's Establishment clause. The Supreme Court ruled in favor of Lemon because Kurtzman could not satisfy which clause of " The Lemon Test"?

Entaglement Clause

In Lemon v. Kurtzman (1971) which clause was used by the Courts in deciding in favor of the plaintiffs?

Entanglement Clause

According to this standard, federal government laws are legitimate if they have a secular purpose, do not affect the advancing or inhibiting of any religion, and do not promote an excessive government entanglement with religion. What is this standard known as?

Establishment Clause

The Office of Federal Contract Compliance is responsible for the administration of what?

Executive Order 11246 - Affirmative Action

Religious discrimination can occur in many forms, with the most common being which of the following?

Failure of organizations to accommodate sincerely held beliefs and practices

The federal government is only allowed to affect an individual's free exercise of religion if it can demonstrate that their action a) advances a compelling government interest and b) this action is the least restrictive method available to achieve that interest. Religious discrimination is relevant to which part of the Constitution?

First Amendment

Under which prong(s) or prerequisites are most ADA suits filed?

First Prong

Of the following cases, which one was found to be a legal use of minority status as a factor in admissions to higher education?

Fisher v. UT (2016)

In which of the following states was an affirmative action ban signed by a governor?

Florida

To file a Disparate Treatment case under the ADEA, plaintiffs generally follow the McDonnell-Burdine burden-shifting scenario, but there are special features. What are they?

For plaintiffs to establish prima facie, they must provide evidence that they were disadvantaged as compared to a similarly situated and substantially younger individual.

John (54) was not promoted to a desired border patrol position while four younger candidates were hired. While all five candidates were over the age of 40, the average age difference between John and the four candidates who were promoted was ten years. Courts ruled in favor of John but stated if the average had been less than ten years they wouldn't have.

France v. Johnson (2015)

In Williams v. General Motors Corporation (1981) General Motors was undergoing a large-scale reduction in force and allegedly rotated younger individuals between jobs and returned them to service or manufacturing jobs. What happened in this case and who won?

General Motors won after arguing that the plaintiff failed to provide evidence that the company intentionally did not retain them because of age.

What was the difference between Gratz v. Bollinger (2003) and Grutter v. Bollinger (2003)?

Gratz v. Bollinger involved a policy of adding 20 points (20%) to minority applicants to boost their scores, which was found to be illegal, while Grutter v. Bollinger used minority status not as a mechanical, predetermined diversity "bonus" but plays a minor role that doesn't cause harm other subgroups.

Which of the following options ACCURATELY describes a step of the OFCCP investigative process?

If voluntary compliance is unsuccessful, the OFCCP issues sanctions/fines.

What is the 6th step of the Office of Contract Compliance Programs (OFCCP) investigative process?

In federal district court, contractors must prove their innocence.

In order to make an ADA suit, plaintiffs must establish that they are disabled and that they are qualified for the position that they are applying to. Which of the following correctly describes what is legally acceptable as "qualified"?

Individuals have the KSAs to perform the essential functions of the job with or without reasonable accommodation

For plaintiffs to form a prima facie case, they must be able to demonstrate that they are legally disabled, qualified for the position they are applying for, and a third requirement. What is the final piece?

Individuals must present evidence that an adverse employment decision was related to their disability.

Why is the Age Discrimination in Employment Act of 1967 considered to be "one-sided" compared to Title VII?

It offers protection for those over a certain age but does not provide coverage for younger workers.

In Wygant v. Jackson Board of Education (1986) a collective bargaining agreement was established between the Board of Education and the teachers union. When the school was faced with layoffs an agreement was made to keep the percent of racial minorities intact. Who won and why?

Jackson Board won because it was done in an attempt to remedy societal discrimination and provide role models for minority children

The use of a "plus" factor to achieve diversity was illustrated in which case?

Johnson v. Transportation Agency of Santa Clara County (1987)

For cases that involve challenges to the establishment clause, the prevailing standard is that the federal government laws are legitimate if they satisfy which of the following?

Lemon Test

Under the OWBPA, benefit plans based on an individual's age are legal if organizations can prove that benefits are __ for older employees.

More costly

Sara has started a new job and is excited to start getting to know her coworkers. The woman she shares her office, Lucy, has a lot of anti-abortion and anti-vaccine information displayed in their shared space, and declares on her first day that she better not have an issue with it because Lucy has the right to express her religious beliefs. Sara is uncomfortable. Is Lucy correct about her rights?

No, because political, social, and individual preferences are not considered religious beliefs.

In Parents v. Seattle School District (2007), Seattle implemented a plan to prevent schools from being overly segregated given racial imbalances (geographically) and had students rank-order their preferred schools, but used criteria as tie-breakers for more desirable schools such as having siblings in that school, the race of the student, and proximity of the student's home. What was the outcome of this case?

Parents sued because their kids ended up in undesirable schools, and Supreme Court agreed because the race-based approach was neither narrowly tailored nor did it pass strict scrutiny.

Which two states were involved in Lemon v. Kurtzman (1971) and why?

Pennsylvania and Rhode Island, they wanted to start funding private schools that were non-secular. Taxpayers didn't like that religious private schools were excluded from this.

When an organization pronounces an accommodation causes an undue hardship, the accommodation is overly demanding when considering all of the following EXCEPT?

Physical Labor

Which of the following is an accurate description of the legal definition of a disability?

Plaintiffs must meet one of three requirements to be legally defined as disabled: current physical or mental impairment that limits a major life activity, a record of such an impairment, OR be regarded as having such an impairment.

When would the EEOC file on the behalf of plaintiffs for ADEA cases?

Private individuals cannot sue states under the ADEA, so EEOC files on their behalf.

What kinds of questions do EO-1 forms include?

Questions about ethnicity, race, and sex representation across nine job categories.

Adjusting or modifying a job application process or working conditions to enable a qualified person with a disability to be considered for the job is called what?

Reasonable accommodation

Which of the following accurately describes the precedent set by Regents of UC v. Bakke (1978)?

Relates to reserving slots for 'special committee' applicants of which only people of color are accepted, causing higher scoring people to be rejected, making this an illegal quota.

How is religion described by Title VII in regards to what it protects?

Religions that are formal, established, or new and followed by a few, so long as they are sincerely held.

In EEOC v. United Health Programs of America, Inc. (2018) the EEOC filed a religious discrimination suit alleging that the company violated Title VII by creating a hostile work environment. Specifically, several employees alleged that they were forced to engage in religious activities while at work. This practice is known as what?

Reverse religious discrimination

The Rehabilitation Act of 1973 was the first legislation to address protecting workers with disabilities. Which of the following was NOT a key part of this Act?

Section 503 - fortifies disability protections for employees of non-federal organizations.

What of the following is true about Set- Aside Programs?

Set aside programs are aimed at increasing opportunities for small businesses.

In this case, Adeil (a Seventh Day Adventist) was fired for refusing to work on Saturdays. When her unemployment benefits were denied, she sued. Which case was this and what did the Court rule?

Sherbert v. Verner (1963) - The Courts ruled in favor of the plaintiff, because the state didn't have the right to force a worker to work on their religious day of rest.

In Gross v. FBL Financial Services (2009), a key issue was the questions of whether the Civil Rights Act of 1991 (which allowed mixed-motive decisions for protected classes listed under Title VII) covered age, as well as race, color, religion, sex, or national origin. What did the Courts decide and what resulted from this opinion?

Supreme Court decided that the omission of age in CRA91 was intentional, leading to a proposal for the POWADA (Protecting Older Workers Against Discrimination Act) which has passed the House and has been sent to Senate in 2021.

What did previous lower court decisions and the case Hosanna-Tabor v. EEOC (2012) conclude about the ministerial exception?

That the ministerial exception is not limited to those officially ordained as ministers.

Regarding the BFOQ as an ADEA defense, which of the following must the company show?

That the use of age furthers a stated objective (e.g., public safety)

According to the text, evidence exists that individuals with disabilities have a difficult time gaining employment. Which of the following is TRUE?

The Bureau of Labor Statistics found that in 2019, the unemployment rate for those with disabilities was 7.3% compared to the unemployment rate of 3.5% for individuals without disabilities.

In O'Conner v. Consolidated Coin Caterers Corporation (1996), what was the case's outcome?

The Court concluded that the large age difference (27 years) was sufficient evidence that the termination of O'Conner was made because of his age

In the case Dediol v. Best Chevrolet, Inc. (2011), Milan Dediol (age 65) alleged that he was subjected to both age-based physical and verbal harassment by his supervisor regularly for about two months. Dediol contended that his supervisor guided specific jobs away from him in favor of younger workers. In the end, Dediol stated that he could not work in such an environment and decided not to show up for work. Subsequently, he was fired and filed ADEA, religious discrimination, and constructive discharge suits. What was the Court's ruling in this case?

The Fifth Circuit ruled that Dediol had made a prima facie case of an age-related hostile work environment.

In Karracker v. Rent-A-Center, Inc. Karracker sued Rent-A-Center for using the MMPI test before making promotion decisions. Karracker won this case because?

The MMPI can be used to diagnose personality disorders making it a medical examination

In Wisconsin v. Yoder (1972) Jonas Yoder et al. were Amish and challenged Wisconsin's requirement that children must attend school up to age 16. They alleged that such a requirement was against the Free Exercise clause of the 1st Amendment as applied to the States via the 14th Amendment. How did the States position compare to the Courts ruling?

The State's position found the education requirement compelling, therefore wanting the Amish to comply. The Court ruled that the education requirement was not sufficiently compelling to justify its use in this case.

In the case of Trans World Airlines, Incorporated v. Hardison (1977), Larry Hardison was Jewish, and his faith prohibited him from working on Saturdays. Several accommodations were considered but rejected; The airline deemed the latter two accommodations to create an undue hardship. After the accommodations were not provided, Hardison stopped working on Saturdays and was fired. He then filed a suit alleging a violation of Title VII based on religion. What was the Court's ruling in this case?

The Supreme Court decided that TWA made reasonable efforts to accommodate Hardison's religious beliefs and that the accommodations that were considered posed an undue hardship to the airline.

What did The Religious Freedom Restoration Act of 1993 (RFRA) accomplish and what case did it seek to overturn?

The act mandates that strict scrutiny be used to defend governmental actions when it comes to sincerely held religious beliefs. Sought to overturn Employment Division, Department of Human Resources of Oregon v. Smith (1990).

The Office of Federal Contract Compliance Programs (OFCCP) is responsible for what?

The administration of affirmative action.

The EEOC sued Wal-Mart Stores East for alleged claims of religious and national origin discrimination after an employee was harassed an employee for being Muslim and from Gambia. Who won and what were the final outcomes of the case?

The case was settled after the manager threatened retaliation after the employee protested about how he was being treated.

Which of the following best describes Petit v. City of Chicago (2003)?

The city altered selection test scores based on race for promotion to police sergeant to increase racial and ethnic diversity

Which of the following is required for a plaintiff to establish a prima facie case in an accommodation scenario?

The plaintiff is subjected to an adverse employment decision for not following the company's requirement/policy.

In Fisher v. University of Texas (2013) Fisher sued UT Austin for using race as an admission criteria in an attempt to increase diversity. Who won and why?

UT Austin won because they proved it was necessary to use race as a factor in its admission procedure.

In Wexler v. White's Fine Furniture, Inc. (2003) Donald Wexler was hired and promoted at age 57 and demoted less than two years later in place of someone in their mid-30s. Wexler filed for age discrimination who won and why?

Wexler won after receiving remarks such as "pops" and "old man" which led to a reasonable belief that he was discriminated against.

What is the same actor defense?

When the person who made a positive employment decision later makes a negative action against a protected class individual.

Which of the following is NOT on the list of ADA Enforcement Guidance?

Whether the test was designed by a healthcare professional

In this case, a group of workers (Amish) challenged the state of Wisconsin about mandatory schooling until age 16, claiming that requiring children in their community to stay in school that long was disruptive to their religious practices. What happened, and when was this case?

Wisconsin v. Yoder (1972) - State Courts ruled that education was compelling enough to force Amish to comply, but the Supreme Court overruled this, stating that Amish were allowed to remove their children after eighth grade so as not to "destroy the free exercise of their religious beliefs."

Which of the following is a tool mentioned by our textbook as a critical tool to implementing successful affirmative action programs and determining underutilization?

Workforce Analysis

The federal government is only allowed to affect an individual's free exercise of religion if it can demonstrate that a governmental action

advances a compelling government interest and is the least restrictive method to achieve the compelling interest

What was the ruling in Kowitz v. Trinity Health (2016)?

although she did not specifically ask for an accommodation, the organization had sufficient knowledge of her disability/work limitations and that she needed an accommodation

In which of the following cases would an individual not have to request an accommodation for their disability?

an individual who uses a wheelchair

Which criteria are needed to establish a prima facie age-based harassment case? a. Recipient is aged 30 years or older. b. No employer liability c. The recipient shows that harassment came from someone in charge of their daily duties. d. None of the above.

d. None of the above.

In Villarreal v. RJ Reynolds Tobacco Co. (2015), the 11th Circuit Court ruled that ADEA adverse impact suits can only be filed by...

employees

Can an organization require someone to state whether they have a disability?

no, but they can inquire about the individual's ability to perform essential job functions or duties

Which of the following was judged to be an impermissible defense under Title VII in the Geller v. Markham (1980) and Leftwich v. Harris-Stowe State College (1983) cases?

reducing costs

Denials for religious-based dress and grooming must be made (a) on a case-by-case basis, (b) based on evidence that actual threats exist and (c)...

show that no reasonable accommodations are available to offset the threats