CH 19
_______________ generally refers to _______________ of gender, which could correlate with an assigned sex at birth or can differ from it.
Gender identity; an individual's personal experience
Which of the following is a correct statement regarding the ADA?
Impairments resulting from pregnancy are disabilities under the ADA.
Suppose that an employer has a rule that all applicants for an executive position must be at least 5 feet 8 inches tall. Which of the following is a correct statement regarding the legality of this requirement?
It is disparate-impact sex discrimination, in violation of Title VII of the Civil Rights Act of 1964.
_________, which is job-related experience, education, or unbiased ability test, is a defense to Title VII discrimination.
Merit
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), as amended by the Veterans' Benefits Act of 2010, applies to all _______ employers in the United States and ______ operating in foreign countries.
civilian and government; U.S. employers
Maria files a gender discrimination claim with the EEOC that states her employer has engaged in sex discrimination. The employer does not promote Maria when she qualifies for a promotion because she filed this claim. This would be an example of ________.
illegal retaliation
If a hospital serves primarily English-speaking patients and requires that employees speak only English when performing their duties and wherever patients can hear workers speaking, this would be an example of ________.
the English-only rule
When defendant-employer has the burden of proving an affirmative defense in determining whether the defense has been proven, a court considers all of the following EXCEPT __________.
whether the employees have seen workplace harassment in the past
Title II of __________ makes it illegal for an employer to discriminate against ___________________ and employees based on genetic information.
GINA; job applicants
Under Title VII, an employer is under a duty to reasonably ______ religious observances, practices, or beliefs of its employees if doing so does not cause an undue ______ on the employer.
accommodate; hardship
If an employee who harasses another employee is a(n) ______________, then the employer is liable if it was negligent in __________________ the working situation. In this situation, an employer may not invoke a(n) ___________________.
coworker; controlling; affirmative defense
If an employer has a rule that all applicants for an executive position must be at least 5 feet 8 inches tall, this would be an example of ________.
disparate-impact sex discrimination
_________________ is a policy that provides that certain ____________ will be given to minority or other protected-class applicants when an employer makes an employment decision.
Affirmative action; job preferences
Which of the following is a correct statement regarding the ADEA?
An employer can maintain an employment policy of hiring only workers who are 40 years of age or older without violating the ADEA.
Which of the following is an INCORRECT statement regarding gender discrimination?
An employer who discriminates against married women or women with children, but who does not discriminate against females in general, does not violate Title VII.
The ________ is a federal statute that provides that each discriminatory pay decision restarts the statutory ________ clock.
Lilly Ledbetter Fair Pay Act of 2009; 180-day
Wayne, who is 50 years old, applies for an open position as manager at Big Box Retail Stores, Inc. Wayne meets the job requirements of having a college degree and prior experience as a store manager and is otherwise qualified for the job. The employer refuses to hire Wayne because of his age and hires someone who is 30 years old for the job. Which of the following is a correct statement regarding Bix Box Retail Stores' refusal to hire Wayne?
This is age discrimination in violation of the ADEA.
The Equal Pay Act expressly provides four criteria that justify a differential in payment systems. Which of the following is NOT one of these criteria?
a factor such as sex
Discrimination based on protected classes other than race or color is permitted if it is shown to be a _____________________.
bona fide occupational qualification
If a light-skinned member of a race refuses to hire a dark-skinned member of the same race, this constitutes _____ discrimination, in violation of Title VII.
color
Which of the following is NOT included in national origin discrimination?
discrimination against a person's political affiliation
The Equal Pay Act prohibits disparity in pay for jobs that require any of the following EXCEPT?
equal age
All of the following are examples of unlawful LGBTQ-related sex discrimination EXCEPT __________.
failing to acknowledge an employee's sexual orientation
An employer discriminates against an applicant or employee because it had information that the person's family members have been stricken by a debilitating or a fatal disease that is likely to run in the individual's family. This would be an example of ________ discrimination.
genetic information
Under the ADA, an employer is not obligated to provide an accommodation that would _____.
impose an undue hardship on the employer
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing most federal anti-discrimination laws. The EEOC is empowered to do all of the following EXCEPT __________.
issue warrants of arrest
Title VII of the Civil Rights Act of 1964 was enacted primarily to prohibit employment discrimination based on a person's __________.
race and color
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), as amended by the Veterans' Benefits Act of 2010, requires employers do all of the following EXCEPT __________.
rehire a returning service member into the position the individual left even if the individual cannot qualify for re-employment in that position
A supervisor or coworker frequently makes offensive remarks about a person's religious beliefs or practices. This would be an example of ________.
religious harassment
Gender discrimination is also known as _____ discrimination.
sex
Federal anti-discrimination laws prohibit ________ from engaging in _______ against an employee for filing a charge of discrimination or participating in a discrimination proceeding.
employers; retaliation
To be lawful, an affirmative action plan must be _________ tailored to achieve some ________ interest.
narrowly; compelling