Legal and Social 19

it tests measured people's abstract abilities, not their qualifications for a specific job

In Griggs v. Duke Power, the Supreme Court ruled that Duke Power was violating Title VII because

can be relevant to demonstrate treatment when taken with other evidence

In Reid v. Google, Inc., the California Supreme Court held that stray remarks that indicate a discriminatory bias

but for the employer's desire to retaliate, the employer would not have taken harmful action

In a retaliation case, the plaintiff must demonstrate that

privacy safety authenticity

In which situations may an employer consider customer preference when implementing a bona fide occupational qualification? Select all that apply.

true

T/F A legitimate seniority system is legal even if it perpetuates past discrimination.

false

T/F A person with a disabling illness is not considered legally disabled if the illness is managed so well that it does not interfere with major life activities.

false

T/F A plaintiff may choose to bring a discrimination claim to the EEOC or to sue the employer directly.

true

T/F An accommodation for a disabled worker is unreasonable if it would create an undue hardship for the employer.

false

T/F Courts have consistently held that claiming to prefer lower-paid workers is only a pretext for preferring younger workers.

false

T/F Employers are not allowed to use a cost-benefit analysis to determine whether a reasonable accommodation can be made for a disabled employee.

true

T/F Employers now often require new hires to agree in advance to arbitrate, not litigate, any future employment claims.

true

T/F For Jespersen to have a successful Title VII claim in Jespersen v. Harrah's, she must establish that the Casino's new rules discriminate on the basis of sex, not attractiveness.

true

T/F The Pregnancy Discrimination Act protects a woman's right to terminate a pregnancy. a. True b. False

true

T/F The U.S. Supreme Court has held that gender must be irrelevant to employment decisions.

true

T/F Under certain circumstances, it is legal for employers to set a maximum age for employees.

employers with more than 20 employees employees aged 40 or older

The Age Discrimination in Employment Act applies to _________ and protects ________.

rehabilitation act of 1973 federal contractors receive federal funding Americans with disabilities act have 15 or more employees

The ________ prohibits discrimination on the basis of disability by the executive branch of the federal government, _____ and entities that ________. The __________ prohibits employers that ______ from discriminating on the basis of disability.

age

Under the ADEA, an employer can win a disparate impact case if it can show that the discriminatory decision was based on a reasonable factor other than​

is considered disabled, even if the illness is under control.

Under the Americans with Disabilities Act, a person with a disabling illness

employers with 15 or more workers genetic testing family medical history hiring

Under the Genetic Information Nondiscrimination Act (GINA) ______ may not require ______ or use information about genetic makeup or ______ in ____, firing, or promoting employees

engaging in an interactive process to determine a reasonable accommodation

What Americans with Disabilities Act (ADA) requirement did CCC fail to comply with in Willoughby v. Conn. Container Corp.?

reinstatement or hiring punitive damages, in certain circumstances back pay and front pay

What types of remedies are available to a successful plaintiff in a discrimination suit? Select all that apply.

disparate impact hostile environment retaliation disparate treatment

Which of the following activities are prohibited under Title VII of the Civil Rights Act of 1964? Select all that apply.

The employer cannot use the information in a way that has disparate impact on a protected category if it is not relevant to the job. To use the background information freely, it must be relevant to whether the employee is appropriate for the job.

Which of the following are Equal Employment Opportunity Commission restrictions on the use of criminal history when making employment decisions? Select all that apply.

Verbal sexual conduct that interferes with an employee's ability to work Requests for sexual favors Unwelcome sexual advances Physical sexual conduct that interferes with an employee's ability to work

Which of the following are examples of conduct that constitutes sexual harassment? Select all that apply.

national origin color sex race religion

Which of the following are protected categories under Title VII of the Civil Rights Act of 1964? Select all that apply.

hiring, reinstatement, and back pay front pay, reasonable attorney fees compensatory and punitive damages

Which of the following are remedies available to a successful plaintiff under Title VII?

disparate impact disparate treatment hostile work environment

Which of the following are types of claims that an employee may bring under the Americans with Disability Act? Select all that apply.

Could you carry a 100-pound weight, as required by this job?

Which of the following questions could an interviewer safely ask a candidate in a job interview?

whether the applicant can perform the work what accommodation the applicant would need to demonstrate how she would perform the job

Which of the following questions may an interviewer ask a disabled job applicant? Select all that apply.

Sullivan Consumer Products Co. asks its employees to apply four tests in determining whether their behavior violates Title VII with respect to sexual harassment. Which of the following is one of the four tests?

Would you like your behavior reported in your local newspaper?

An employer would be expected to make reasonable accommodations for a disabled worker, such as

allowing a part-time schedule.

Which of the following is NOT an advantage to plaintiffs alleging racial discrimination and filing under the Civil Rights Act of 1866?

assistance in filing from the Equal Employment Opportunity Commission

unattractiveness

not a procteced category under title VII but is under some state laws

sexual orientation

not protected class under title VII or ant other federal statute but is in almost half of the states

prohibits state governments from violating an individual's rights to due process and equal protection

14th amendment

prohibits the federal government from depriving individual's of life liberty or property without due process of law

5th amendment

discriminatory job requirement that is legal in some situations if it is essential to the position

A bona fide occupational qualification is a

person favored most qualified test results related to the job description

A defendant is not liable if he shows that the ________ was the ______. Merit can be shown by education or ______, provided that are ______.

physical or mental a major life activity major bodily function is regarded as having

A disabled person is someone with a ________ impairment that substantially limits _______ or the operation of _______ or someone who _______ such an impairment

was designed with the intention to discriminate

A seniority system violates Title VII only if it

false

Congress first passed the Civil Rights Act in 1964.

make reasonable accommodation for a worker's religious practices unless the request would cause the business undue hardship

Employers cannot discriminate against a worker because of his religious beliefs and must

can perform the essential functions of the job with reasonable accommodation

Employers may not discriminate on the basis of disability so long as the worker

quid pro quo

Fill in the blanks with the words that best complete the statement: There are two categories of sexual harassment: 1. hostile work environment and 2. _____

sex religion national origin

For which protected categories are bona fide occupational qualifications allowed? Select all that apply.

prohibits racial discrimination in both private and public employment, but does not apply to the federal government

civil rights act of 1866

gender identity and expression

discrimination on the basis violates title VII and specific laws in about one-third of states

family responsibility

discrimination on this basis is prohibited under title VII if it involves men and women being treated differently and is prohibited by some state laws

equal pay act of 1963

prohibits paying a lesser rate to employee of the opposite sex for equal work

Which of the following would be a reasonable accommodation under the ADA?

providing part-time schedules to accommodate the disabled worker

Which statute prohibits discrimination on the basis of disability by the federal government, federal contractors, and all entities that receive federal funds?

the Rehabilitation Act of 1973

prohibits employers with 15 or more employees from discrimination on the basis of certain protected categories

title VII of the civil rights act of 1964