Legal - Quiz 17 - Employment Discrimination

Generally, the states are immune under the XXXX Amendment from lawsuits brought by private individuals in federal court. 8th 9th 10th 11th 12th

11th

For the Age Discrimination and Employment Act to apply, the employer must have XXXX or more employees. 5 10 20 30 501 00

20

Title VII applies to employers with XXXX or more employees. 5 10 15 20 50

5

Calvin has difficulty seeing, but uses voice recognition software allowing him to dictate articles. His computer is also specially designed for visually impaired individuals. The Daily Times interviews Calvin but offers the job to a sighted person instead. The Daily Times may have violated the ADEA NRA ADA NLRB.

ADA

10. What is one way for a plaintiff to prove a disparate impact? comparing the employer's workforce to the pool of qualified individual available in the local market. By comparing the employer's workforce to the pool of qualified individual available in the national market. By comparing the employer's workforce to the pool of qualified individual available in the global market.

By comparing the employer's workforce to the pool of qualified individual available in the national market.

A form of employment discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect.

Disparate-impact discrimination

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

Disparate-treatment discrimination

The federal agency that monitors compliance with Title VII is the Select FTC OSHA EEOC NLRB

EEOC

Treating employees or job applicants unequally on the basis or race, color, national origin, religion, gender, age, or disability; prohibited by federal statutes.

Employment discrimination

Choose which of the following is NOT a good defense against employment discrimination: Business necessity. Seniority system. Preference for male employees. Bona fide occupational qualifications.

Preference for male employees.

A class of persons with identifiable characteristics who historically have been victimized by discriminatory treatment for certain purposes. Depending on the context, these characteristics include age, color, gender, national origin, race, and religion.

Protected class

In the employment context, the granting of job promotions or other benefits in return for sexual favors or language or conduct that is so sexually offensive that it creates a hostile working environment.

Sexual harassment

Choose the one law listed below that is NOT related to gender discrimination: a. The Age Discrimination Act. b. The Equal Pay Act. c. The Lilly Ledbetter Fair Pay Act.

The Age Discrimination Act.

Flynn is a drug addict who has completed a supervised drug-rehabilitation program. Gert used drugs casually in the past. Heath reports to work while under the influence of alcohol. Considered to have a disability under the Americans with Disabilities Act of 1990 is​ a. Flynn. b. Heath. c. all of the choices. d. Gert.

a. Flynn.

Melanie files an employment discrimination suit against Natural Gas Industries Corp. under Title VII on a disparate-impact theory. To succeed, Melanie must show that a protected group of people are adversely affected by any of the following except the employer's​ a. seniority system. b. procedures. c. practices. d. tests.

a. seniority system.

Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with this statute is monitored by​ a. the Equal Employment Opportunity Commission. b. employees and job applicants, not an administrative agency. c. the courts and Congress, not an administrative agency. d. employers and businesses, not an administrative agency.

a. the Equal Employment Opportunity Commission

Employers must make a reasonable attempt to XXXX employees' sincerely held religious beliefs.

accommodate

Potentially, the most widespread form of discrimination is racial gender religious age

age

fter-acquired evidence of an employee's wrongdoing, or misconduct, is: never a defense to employment discrimination. a complete defense to employment discrimination. at best only a limitation on an employer's liability for employment discrimination.

at best only a limitation on an employer's liability for employment discrimination.

Cody believes that Delta Corporation has dis-criminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To es-tablish a primafacie case of employment discrimi-nation, Cody must show that​ a. Delta has no legal defenses against the claim. b. Cody is a member of a protected class. c. other firms in Delta's industry have committed discriminatory acts. d. discriminatory intent motivated Delta's act.

b. Cody is a member of a protected class.

Punitive damages for unlawful discrimination under Title VII may be recovered against a private employer under all circumstances. a. True b. False

b. False

Flynn is a drug addict who has completed a supervised drug-rehabilitation program. Gert used drugs casually in the past. Heath reports to work while under the influence of alcohol. Considered to have a disability under the Americans with Disabilities Act of 1990 is​ a. Gert. b. Flynn. c. Heath. d. all of the choices.

b. Flynn.

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 Melanie less because she has a husband who is a highly successful businessperson. c. The company pays according to production, and Beau produces more. d. The company has a seniority system, and Beau has been with the company longer than Melanie.

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

Chuck files a suit against Drain-Pro Plumbing & Repair LLC under the Civil Rights Act of 1964, claiming reverse discrimination. To support this claim, Chuck must show that he is a member of​ a. an employers' association. b. a majority group. c. a protected class. d. a union.

b. a majority group

The standard for determining whether constructive discharge has occurred is whether or not​​ a. the employee's annual wage rate is fair. b. a reasonable person in the employee's position would feel compelled to quit. c. a person of another race in the employee's position would feel compelled to quit. d. a person of the opposite gender in the employee's position would feel compelled to quit

b. a reasonable person in the employee's position would feel compelled to quit

Elsa participates in a Title VII investigation at the firm where she works. As a result, Elsa's employer demotes her. Elsa can file​ a. a harassment complaint. b. a retaliation claim. c. a disparate-impact discrimination claim. d. a constructive discharge claim.

b. a retaliation claim

Jill, a fifty-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on​ a. disability. b. age. c. race. d. gender.

b. age.

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. has almost certainly done nothing wrong. b. might be engaged in disparate-impact discrimination. c. might have violated the Americans with Disabilities Act (ADA). d. might be engaged in disparate-harm discrimination.

b. might be engaged in disparate-impact discrimination.

John is thirty years old and Kelly does not have a college degree. Based on this information, members of protected classes include​ a. John and Kelly. b. neither John nor Kelly. c. Kelly only. d. John only.

b. neither John nor Kelly.

Melissa works as a computer data-entry operator at VeraSign. Melissa informs VeraSign that she suffers from carpal tunnel syndrome, causing 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 modifying computer technology is not a covered protection. b. not violated the ADA because the requested accommodation is an undue hardship on the employer. c. violated the ADA because it failed to provide a reasonable accommodation. d. violated the ADA because it discriminated against an employee with a disability.

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

Destination Resort Company replaces Estee, a forty-five-year-old employee, with Francesca. Esteefiles a suit against the employer under the Age Discrimination in Employment Act of 1967. To establish a primafacie case, Esteemust show, among other things, that she is​ a. deserving of higher pay than Francesca. b. qualified for the position. c. generally more dependable than Francesca. d. older than Francesca.

b. qualified for the position

Destination Resort Company replaces Estee, a forty-five-year-old employee, with Francesca. Estee files a suit against the employer under the Age Discrimination in Employment Act of 1967. To establish a prima facie case, Estee must show, among other things, that she is​ a. older than Francesca. b. qualified for the position. c. deserving of higher pay than Francesca. d. generally more dependable than Francesca.

b. qualified for the position.

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 retaining men in top management positions is a business necessity. b. will have a legitimate defense because Rheingold Supply has a seniority system in place. c. will be in violation of Title VII of the Civil Rights Act. d. 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.

In an age discrimination lawsuit, the employee has the burden of establishing XXXX causation. but for exact reverse indirect

but for

The primary law that deals with discrimination based on disability is the: a. ADEA b. Title VII c. ADA

c. ADA

Jason and Katrina work on the loading dock for Longhaul Transport Company. Jason has a disability. Katrina has seniority. Jason asks for a transfer, which would represent an accommodation for his disability. Longhaul gives the transfer to Katrina on the basis of her seniority. Jason files a suit against Longhaul for discrimination on the basis of his disability. The court is most likely to rule that​ a. Jason's disability is a sufficient basis for relief. b. Longhaul's action was a business necessity. c. Katrina's seniority is a good defense. d. Longhaul's action was a reasonable accommodation

c. Katrina's seniority is a good defense

Lisa brings a lawsuit against her employer for unlawful discrimination. Lisa is successful in proving that she was unlawfully discriminated against by her employer. Lisa may be awarded​ a. back pay, but not retroactive promotions. b. damages, but not back pay. c. back pay, retroactive promotions and damages. d. retroactive promotions, but not back pay.

c. back pay, retroactive promotions and damages.

Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is​ a. disparate-treatment discrimination. b. not discrimination. c. disparate-impact discrimination. d. reverse discrimination.

c. disparate-impact discrimination.

Olivia applies for a job with Petro Company. Petro does not hire Olivia because of her ethnicity. This is​ a. disparate-impact discrimination. b. not discrimination. c. disparate-treatment discrimination. d. reverse discrimination.

c. disparate-treatment discrimination.

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of​ a. intelligence. b. experience. c. gender. d. skill.

c. gender.

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 claim that Mohammed did not make out a prima facie case of illegal discrimination. b. can assert that its hiring practices are not intentionally discriminatory. c. may assert a bona fide occupational qualification (BFOQ) defense. d. can contend that the EEOC's "80 percent rule" is irrelevant when there is only one available job.

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

Polly files an employment discrimination suit against Quantitative Analysis, Inc., under the Civil Rights Act of 1964, based on its discharge of Polly. Possible relief includes​ a. impriosnment. b. an order to shutdown the employer's business. c. reinstatement d. fines.

c. reinstatement

Elton files a suit in a federal district court against the state of Florida, alleging employment discrimina-tion under the Age Discrimination in Employment Act of 1967. The state asks the court to dismiss the suit. The court is most likely to rule that​ a. the court is immune from such a request. b. Elton is immune from any defense the state might offer. c. the state is immune from the suit. d. the suit can proceed.

c. the state is immune from the suit.

Fact Pattern 17-1 (Questions 29-30 apply) Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability. Refer to Fact Pattern 17-1. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that a. Beth consistently met the essential requirements of her job. b. Dian is unqualified for Beth's position. c. the doors were installed as an act of intentional discrimination. d. COC refused to make reasonable accommodation for Beth.

d. COC refused to make reasonable accommodation for Beth.

Lizzie replaces Mike in his job at National Business Corporation (NBC). Mike believes that he has been discriminated against on the basis of his age. For the Age Dis-crimination in Employment Act of 1967 to apply​ a. Lizzie must be forty years of age or older. b. all parties must be forty years of age or younger. c. Mike must have been an NBC employee for at least forty years. d. Mike must be forty years of age or older

d. Mike must be forty years of age or older

The most important federal statute prohibiting employment discrimination against members of a protected class is a. The Equal Pay Act of 1963. b. The Age Discrimination in Employment Act of 1967. c. The Americans With Disabilities Act of 1990. d. Title VII of the Civil Rights Act of 1964.

d. Title VII of the Civil Rights Act of 1964.

Machine Fabrication, LLC, may be liable for the sexual harassment of an employeeif it knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by​ a. a close relative. b. a competitor. c. the employee's previous employer. d. a company supplier.

d. a company supplier.

Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race. Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination. Sarah must show all of the following except that a. she was rejected by Trekking Travel Agency. b. she applied and was qualified for the job in question. c. she is a member of a protected class. d. other people of her race hold similar positions with other employers.

d. other people of her race hold similar positions with other employers.

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. invidious harassment. c. hostile-environment harassment. d. quid pro quo harassment.

d. quid pro quo harassment.

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. 42 U.S.C. Section 1981. b. the ADEA. c. the NRA. d. the ADA

d. the ADA

Milford is 55 and works for a company covered by the ADEA of 1967. He wishes to bring a claim of age discrimination because he was replaced by a younger, lower-paid worker. To make out a prima facie case, Milford does NOT have to establish that he a. was discharged in a way that creates an inference of discrimination. b. was a member of a protected age group. c. was qualified for the job he lost. d. was replaced by someone who is below the age of 40.

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

Kurt is 52 years old and has 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 discharged in a way that creates an inference of discrimination. b. was qualified for the job he lost. 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.

To succeed in a suit for gender discrimination, a plaintiff must demonstrate that XXXX was a determining factor in the employer's decision to hire, fire, or promote him or her.

gender

Roberto lives in an area with a high percentage of Hispanic workers, most of which have not had any college education. If, when Roberto applies for a job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail the test, the employer might be engaged in disparate-harm discrimination. might have violated the Americans with Disabilities Act. might be engaged in disparate-impact discrimination. has almost certainly done nothing wrong.

might be engaged in disparate-impact discrimination.

(1-CH17-2) Walter tells Irene that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms this is known as hostile-environment harassment quid pro quo harassment settled harassment invidious harassment.

quid pro quo harassment

An employer is not required to make an accommodation for one's religious beliefs and practices that would cause the employer XXXX hardship

undue

In addition to the Civil Rights Act of 1964, victims of racial or ethnic discrimination may also have a cause of action under the National Labor Act the Education Act of 1972 42 U.S.C. Section 1981 NLR Act

42 U.S.C. Section 1981

A significant change in employment status, such as firing or failing to promote an employee, reassigning the employee to a position with significantly different responsibilities, or effecting a significant change in employment benefits.

Tangible employment action

Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. Among these, the most important statute prohibiting discrimination against members of protected classes is​ a. Title VII of the Civil Rights Act of 1964. b. the Americans with Disabilities Act of 1990. c. the National Labor Relations Act of 1935. d. the Age Discrimination in Employment Act of 1967.

a. Title VII of the Civil Rights Act of 1964.

Constructive discharge occurs when the employer causes the employee's working conditions to be so intolerable that a reasonable person in the employee's position would feel compelled to quit. a. True b. False

a. True

Drug addiction is considered a disability under the ADA, but the act does not protect those who are actually using illegal drugs. a. True b. False

a. True

In 2011, the United States Supreme Court limited the rights of employees to bring discrimination claims against their employers as a group in the form of a class action lawsuit. a. True b. False

a. True

In a retaliation claim, an individual asserts that she or he has suffered harm as a result of making a charge, testifying, or participating in a Title VII investigation or proceeding. a. True b. False

a. True

Food Packaging Corporation (FPC) requires its employees to have a high school diploma, claiming a definite connection between a high school edu-ca-tion and job performance. In a suit against FPC under Title VII, this requirement is shown to have a discriminatory effect. The employer has a. a business necessity defense. b. no defense. c. a bona fide occupational qualification defense. d. an after-acquired evidence defense.

a. a business necessity defense.

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of​ a. gender. b. skill. c. experience. d. intelligence.

a. gender.

(Brief Hypotheticals 17.1) 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. primary-treatment discrimination. c. disparate-impact discrimination. d. disparate-treatment discrimination.

d. disparate-treatment discrimination.

The University Smyth 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. access to education clause. b. advancement clause. c. establishment clause. d. equal protection clause

d. equal protection clause

Ming applies for a job as a receptionist at an engineering firm. If she is denied a job because she is of Asian origin, she may be a victim of: direct-treatment discrimination. disparate-treatment discrimination. disparate-impact discrimination.

disparate-treatment discrimination.

Employers cannot treat their employees more or less favorably based on their XXXX beliefs or practices.

religious

When labor practices discriminate against those in the majority it is called majority discrimination reverse discrimination minority discrimination racial discrimination

reverse discrimination