Legal 3 practice quiz questions

Accommodations that impose _____ on organizations are not considered "reasonable."

undue hardship

What is a "reorganization defense"?

Defense that employment decisions are not based on anything other than that the organization is attempting to restructure their operations and personnel

Organizations who need to comply with the ADEA must have a minimum of how many employees?

20

People who suffer from alcoholism are covered underneath the ADA as long as...

They are still able to perform essential functions of the job

In Karracker v. Rent-A-Center (1995), what was the main issue that was debated?

What is considered a medical test?

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.

In order to establish a prima facie case for a religious reasonable accommodation, an employee must

All of the following is true

According to the EEOC, factors to consider in deciding the extent to which an institution is a primarily religious include:

All of the options are true

What was the general conclusion made by the Supreme Court in the case of Firefighters v. Cleveland (1986)?

Although the Union did not participate in the decree, or benefit from it, they were allowed to pursue legal action

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

Ansonia Board of Education V. Phillbrook

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)

Why did the Supreme Court rule against the airlines in Leonel v. American Airlines (2005) when they rescinded three applicants' job offers after they tested positive for HIV?

Because the medical tests were not an independent, post-offer assessment

Which case led to the development of the Minority Business Utilization Plan?

City of Richmond v. Croson (1989)

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 aged 45 or older

How would a plaintiff overcome the second hurdle and prove they are qualified to work with a disability?

they must demonstrate their ability to perform the essential functions of a job with or without a reasonable accommodation

Accommodations that impose ______ on organizations are not considered "reasonable."

undue hardship

Contractors with contracts of a minimum of _______ dollars are considered to be covered entities.

$10,000

Caring for oneself, performing manual tasks, and seeing are all examples of what important phrase outlined in the ADAAA?

Major life activities

Which below is relevant in determining whether an AAP is narrowly tailored?

a plan that is temporary

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 a consent decree?

An agreement or settlement that resolves a dispute between two parties without admission of guilt or liability

Which Supreme Court decision stated that comparators must be similarly situated but do not need to be identical?

Andujar v. General Nutrition Corporation (2019)

Impairments that are episodic (or in remission)...

count as disabilities if they substantially limit a major life activity when active

Which agency is responsible for administering affirmative action?

OFCCP

According to the book, what is one of the more common charges filed with the EEOC?

age discrimination

Impairments regarding which major life activity below have been most controversial and difficult to prove?

working

Sally filed an ADA suit because she cannot lift 10 pounds. She will likely:

not pass the average person test

Which is true of offer for voluntary retirement packages?

they are usually legitimate if they offer additional benefits

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

15

In what year were age caps on forced retirement eliminated?

1987

Freedom from religious discrimination is covered by what amendment?

1st Amendment

As of 2020, only _____ states have passed RFRA state legislation.

21

Which of the following is NOT something that organizations have to show to use BFOQ defense in regards to age? No viable alternatives exist with equal or less discriminatory effect Age is reasonably necessary to the essence of the business Supported by facts that all or substantially all persons within the protected age group would be unable to perform the duties of the job safely and efficientiy Age is a significant factor for marketing. i.e. customer preference

Age is a significant factor for marketing, i.e. customer preference

Which of the following suits focused on religion-based retaliation?

EEOC Settlement with Wal-Mart Stores East (2015)

The Religious Freedom Restoration Act of 1993 was passed to counter the decision made in..

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

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

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

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

The federal government is only allowed to affect an individual's free exercise of religion under certain circumstances. Religious discrimination is relevant to which part of the Constitution?

First Amendment

John (54) was not promoted to a desired border patrol position while four younger 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)

What did the Supreme Court rule in Burwell v. Hobby Lobby (2014) on the issue of mandated contraception under the Affordable Care Act?

In favor of Hobby Lobby, that the contraception mandate posed a substantial burden to the exercise of religion and the RFRA allows exemptions for private employers from the mandate

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 Smith v. City of Jackson, the city of Jackson, Mississippi, decided to give larger raises (on a percentage basis) to officers and dispatchers in the police department who had fewer than five years of job tenure. How did the court rule?

It is appropriate to use factors that are correlated with age (job tenure in this case) in salary decisions

In Western Airlines V. Criswell (1985) the Court decided that:

It was impossible to test older individuals individually

Which of the following people would be protected underneath the ADA?

John, who has an amputated leg who can perform the essential functions with an accommodation

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 Court ruled that David produced insufficient evident to establish a prima facie case. Which case was this?

McDaniel V. Progress Rail Locomotive (2020)

The _________ exception esentially prohibits clergy members from bringing claims for alleged violations of federal anti-discrimination laws.

Ministerial

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)

What is the "same actor defense"?

Occurs when the same actor makes a positive employment decision that is followed by a negative action regarding the same person.

If an organization requires applicants to take a medical test/questionnaire, when should they be administered?

Only after a conditional job offer is made

Why did the District Court ultimately rule in favor of the University in the Parker v. University of Pennsylvania (2004) case?

Parker failed to show interest in a specific job

In which of the following cases was the issue of 'defining an applicant' crucial?

Parker v. University of Pennsylvania (2004)

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

Physical labor

What kinds of questions do EO-1 forms include?

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

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 the plaintiff's beliefs are sincerely held.

In EEOC v. United Health Programs of America, Inc. (2018), employees alleged that they were forced to engage in religious activities at work such as workshops, prayer, and cleansing rituals. What was this considered?

Reverse religious discrimination

In Bennis v. Minnesota Hockey Ventures Group, was fired for alleged poor job performance. Bennis filed an ADEA hostile environment suit largely based on negative age-based comments by supervisory personnel. What happened?

The Court ruled that comments submitted were mild in nature and did not constitute a hostile work environment

Why are Bona Fide Seniority Systems an uncommon defense underneath ADEA?

Seniority is typically related to age

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.

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.

Mark is 58 years old and was recently terminated from his position of 20 years. He was replaced by a younger individual (43 years old). Under which of the following should Mark file?

The Age Discrimination Employment Act 1967

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 City of Boerne V Flores (1997), what was the ruling in this case?

The SC upheld the city's refusal to issue the permit.

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. How did the state's position compare to the Supreme Court's ruling?

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

In O'Conner v. Consolidated Coin Caterers Corporation (1996) James O'Conner was replaced by his organization with a younger individual. What did the Supreme Court rule?

The Supreme Court ruled that the 27 year age difference was sufficient evidence that the termination of O'Conner was made because of his age

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).

In Snyder v. Pierre's French Ice Cream Co., Donald Snyder was laid off along with ten other employees. Why did the 6th Circuit rule in favor of the organization despite Snyder's discrimination claim?

The court ruled that the shop talk culture was not sufficient to establish a hostile environment

In Leftwhich v. Harris-Stowe, Leftwich (age 47 with tenure status) was let go in a RIF plan while an untenured teacher (age 33) was not terminated. The school had a plan that reserved certain jobs for untenured faculty. How did the court rule?

The lack of significant age differences between the tenured and untenured faculty in Leftwich was judged to be an illegitimate bottom-lined defense

In O'Conner v. Consolidated Coin Caterers Corporation (1996) James O'Conner (age 67) was replaced by his organization with a younger individual (age 40). What was the organizations defense argument in this case?

The organization stated that since both people were in the protected age group, there was no violation of the ADEA

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

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

What is a major reason as to why the ADAAA was adopted?

To expand the way courts could interpret who has a disability

Which case had fewer than 2% of skilled positions within the organization were filled by Black employees, so they established a CBA that stated for every White employee hired, there would be a Black hire?

United Steelworkers v. Weber (1979)

Which of the following is NOT a best practice for successfully implementing affirmative action programs?

Use recruitment methods that generate a large number of applicants from underrepresent groups, regardless if they are qualified

In PGA Tour, Inc. v. Martin, Martin suffered from a degenerative circulatory disorder that effected his walking ability. When denied the use of a golf cart by the PGA, Martin sued. How did the Supreme Court rule?

Walking was not an essential function of golf and therefore Martin should be able to use a cart

In PGA Tour, Inc V. Martin, Martin suffered from a degenerative circulatory disorder that effected his walking ability. When denied the use of a golf by the PGA, Martin sued. How did the Supreme Court rule?

Walking was one of the essential functions and therefore Martin was no longer qualified for the job

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 critical tool to implementing successful affirmative action programs and determining underutilization?

Workforce Analysis

In which case was the "strict scrutiny" analysis first used in a 14th Amendment challenge?

Wygant v. Jackson (1986)

Reporting the number of minorities and females within job categories in organizations is part of:

a workforce analysis

Which is false of voluntary waiver rules under the OWBPA?

agreeing to the voluntary waiver rules is irrevocable; permanent

In Crawford v. Medina General Hospital, Crawford sued due to a hostile work environment claim. Why did the court rule that she failed to establish a prima facie case?

comments submitted, while rude, were not severe enough to form a hostile environment

Which of the following is not an affirmative defense under the ADEA?

bona fide age factor

Which below is true regarding the ADEA?

discrimination can be proven even if both employees are in the protected age group

For a BFOQ for age to be successful, it is legitimate to show that:

facts exist to indicate older workers pose a risk to public safety

In PGA Tour v. Martin (2001), the Court ruled that:

his accommodation request of using a golf cart was reasonable

Which is true about the position of the University of Texas at Austin in the Fisher v. UT case?

minorities were underrepresented in small classes

What was the Court's decision in Gratz v. Bollinger?

minority status was judged to be a determinative factor in admissions

The following are all types of accommodations the ADAAA has under the law

modifying work equipment, making facilities available, restructuring jobs (if you see this on the test the answer is all of these are types of accommodations)

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 Wygant v. Jackson Board of Education, the defendant modified an existing agreement in order to maintain the percent of minority teachers when layoffs occured. Here, the Court decided that:

role modeling is not a compelling state interest; the plan was illegal

Requirements of the EEOC for an individual to be considered an applicant?

seeker has followed the organizations procedure, seeker has expressed an interest in a specific job, the organization has actively tried to hire for a position (in original its a NOT question and answer is seeker application indicates they have basic qualifications)

In City of Richmond v. Croson (1989), this case focuses on how construction contracts in Richmond, VA were not made available for Black-owned businesses between 1978-1983. As a result, the city developed the Minority Business Utilization Plan. What is this an example of?

set-aside program

Set-asides are special programs aimed at increasing opportunities for

small businesses and businesses owned by individuals from underrepresented groups to acquire government contracts

In Summers v. Altarum, the Court decided that temporary impairments (a duration of less than six months) can qualify as a disability if they are...

sufficiently severe

In Penny v. United Parcel Service Incorporated (1997), the plaintiff (James Penny) had moderate problems with walking due to a series of injuries. Which measure of assessing whether a disability exists was used in this case?

the average person standard

Which of the following is NOT an EEOC requirement to be an "applicant?"

the organization considers the job seeker for employment for a specific job

In McKay v. Toyota (2002), the plaintiff had carpal tunnel syndrome. The Court decided that:

the plaintiff failed to pass the broad range test