Chapter 18-Bylaw

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 prima facie case of employment discrimi-nation, Cody must show that a. Cody is a member of a protected class. b. Delta has no legal defenses against the claim. c. discriminatory intent motivated Delta's act. d. other firms in Delta's industry have committed discriminatory acts.

a. Cody is a member of a protected class.

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 is a. Flynn. b. Gert. c. Heath. d. all of the choices.

a. Flynn

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. Katrina's seniority is a good defense. b. Jason's disability is a sufficient basis for relief. c. Longhaul's action was a business necessity. d. Longhaul's action was a reasonable accommodation.

a. Katrina's seniority is a good defense.

Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is a. a constructive discharge. b. a destructive discharge. c. an instructive discharge. d. not a discharge.

a. a constructive discharge.

Valerie is a pilot for Wayfarer Airlines. Wayfarer's policy is to restrict Valerie and its other pilots from flight responsibilities after a certain age. This is most likely a. a legitimate bona fide occupational qualification. b. discrimination on the basis of age. c. reverse discrimination. d. discrimination on the basis of disability.

a. a legitimate bona fide occupational qualification.

Truman applies for a job at Skylight Canopy Corporation for which he is well quali-fied, but for which he is rejected. Skylight continues to seek applicants and eventually fills the posi-tion with a person who is not a member of a mi-nority. Truman is most likely to succeed in a suit against Skylight for discrimination if he is a member of a. a protected class. b. a majority group. c. an employers' association. d. a union.

a. a protected class.

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

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

Svetlana, a fifty-five-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. age. b. disability. c. gender. d. race.

a. age

Conrad and Delilah are employees of AgriBio Feed & Seed Corporation. Under the Equal Pay Act, AgriBio can legitimately pay different wages on the basis of a. seniority. b. job descriptions. c. substantial equality of skill, effort, and responsibility. d. gender.

a. seniority.

Dakota believes that Credit Services Corporation (CSC) has dis-criminated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act. To es-tablish a prima facie case of employment discrimi-nation, Dakota must show that a. she is a member of a protected class. b. CSC has no legal defenses against the claim. c. discriminatory intent motivated CSC's act. d. no other firm in CSC's industry has committed a discriminatory act.

a. she is a member of a protected class.

Paula, a disabled person, applies for a job at Quantity Corporation for which she is well quali-fied, but for which she is rejected. Quantity continues to seek applicants and eventually fills the posi-tion with a person who is not disabled. Paula is most likely to succeed in a suit against Quantity for discrimination under the Americans with Disabilities Act if she can show that a. she was not hired solely because of her disabil-ity. b. she can function well with corrective devices or on medication. c. her disability causes her undue hardship. d. she could not perform the job even with reasonable accommodation.

a. she was not hired solely because of her disabil-ity.

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

a. the state is immune from the suit.

Refer to Fact Pattern 30-2. To successfully defend against Beth's claim, COC will have to show that a. Beth consistently failed to meet the essential requirements of her job. b. COC cannot make changes to the doors without undue hardship. c. Dian is qualified for Beth's position. d. the doors were not installed as an act of intentional discrimination.

b. COC cannot make changes to the doors without undue hardship.

Refer to Fact Pattern 30-2. 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. COC refused to make reasonable accommodation for Beth. c. Dian is unqualified for Beth's position. d. the doors were installed as an act of intentional discrimination.

b. COC refused to make reasonable accommodation for Beth.

Lee is seventy years old and Mira is a high-school dropout. Based on this information, members of protected classes include a. Lee and Mira. b. Lee only. c. Mira only. d. neither Lee nor Mira.

b. Lee only.

Refer to Fact Pattern 30-1. To succeed with an age-discrimination claim against CBC, Manny will have to show that a. Lita is not qualified for Manny's job. b. Manny is qualified for his job. c. NBC's qualifications for Manny's job are too high. d. no one could do Manny's job as well as he could.

b. Manny is qualified for his job.

Silky Coordinates, a women's clothing store, employs female attendants to as-sist customers in the dressing rooms. Radley, a forty-one-year-old male, ap-plies for an atten-dant's job, but is not hired. In Radley's suit against Silky for em-ployment discrimination under Title VII of the Civil Rights Act, the store has a. no defense. b. a bona fide occupational qualification defense. c. a business necessity defense. d. a seniority systems defense.

b. a bona fide occupational qualification defense.

Vinnie, the owner of Café Rico, knows about, but does not take any action to prevent, the sexual harassment of employees. Vinnie and the café may be liable for such harassment by a. an employee's previous employer. b. a customer or a co-worker. c. an employee's spouse or other close relative. d. none of the choices.

b. a customer or a co-worker.

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

b. a majority group.

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. reverse discrimination. b. disparate-impact discrimination. c. disparate-treatment discrimination. d. not discrimination.

b. disparate-impact 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. experience. b. gender. c. intelligence. d. skill.

b. gender.

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

b. reinstatement.

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

b. retaliation claim.

Title VII of the Civil Rights Act applies to which of the following a. An employer with five employees b. An employer with ten employees c. A labor union with twenty-five members d. A labor union with twelve members

c. A labor union with twenty-five members

59. Refer to Fact Pattern 30-1. Manny believes that he has been discriminated against on the basis of his age. For the Age Dis-crimination in Employment Act to apply a. all parties must be forty years of age or younger. b. Lita must be forty years of age or older. c. Manny must be forty years of age or older. d. NBC must have been in existence for at least forty years.

c. Manny must be forty years of age or older.

Machine Corporation 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 Machine Corporation under Title VII of the Civil Rights Act, this requirement is shown to have a discriminatory effect. The employer has a. no defense. b. a bona fide occupational qualification defense. c. a business necessity defense. d. a seniority systems defense.

c. a business necessity defense.

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

c. disparate-treatment discrimination.

Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some em-ployees will be discharged. Ruth tells Tim that if he has sex with her, he can keep his job. This is a. harassment on the basis of sexual orientation. b. not harassment. c. quid pro quoharassment. d. same-gender harassment.

c. quid pro quoharassment.

Erica is sixty-year-old woman with cerebral palsy. Erica is a member of a. one protected class. b. two protected classes. c. three protected classes. d. no protected classes.

c. three protected classes.

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. the Age Discrimination in Employment Act. b. the Americans with Disabilities Act. c. the National Labor Relations Act. d. Title VII of the Civil Rights Act.

d. Title VII of the Civil Rights Act.

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. retroactive promotions, but not back pay. c. damages, but not back pay. d. back pay, retroactive promotions and damages.

d. back pay, retroactive promotions and damages.

Dick works for First City Bank. When his spouse Elin is diagnosed with Lou Gehrig's disease, Dick asks to take temporary leave to care for her. First City discharges him. He files a suit against the bank under the Americans with Disabilities Act. Most likely, Dick can a. recover for association discrimination. b. recover for reverse discrimination. c. recover for disparate-impact discrimination. d. not recover.

d. not recover.

arah 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 of the Civil Rights Act on the basis of disparate-treatment discrimination. Sarah must show all of the following except that a. she is a member of a protected class. b. she applied and was qualified for the job in question. c. she was rejected by Trekking Travel Agency. d. other people of her race hold similar positions with other employers.

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

Melanie files an employment discrimination suit against Natural Gas Industries Corp. under Title VII of the Civil Rights Act 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. practices. b. procedures. c. tests. d. seniority system.

d. 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. employees and job applicants, not an administrative agency. b. employers and businesses, not an administrative agency. c. the courts and Congress, not an administrative agency. d. the Equal Employment Opportunity Commission.

d. the Equal Employment Opportunity Commission.

34. An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a business necessity.

false

A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.

false

A plaintiff who proves unlawful discrimination may be awarded reinstatement, back pay, but not retroactive promotions.

false

Any employee, except an undocumented alien, can bring an action for employment discrimination.

false

Employers can consider mitigating measures or medications when determining if an individual has a disability that fits the definition in the Americans with Disabilities Act.

false

Employers can treat their employees more or less favorably based on their religious beliefs or practices.

false

Federal law does not prohibit employers from classifying jobs as male or female.

false

Federal law does not prohibit employers from engaging in gender-based wage discrimination.

false

Protection against discrimination under the Civil Rights Act does not extend to situations in which individuals are harassed by members of the same gender.

false

Sexual harassment occurs only if sexual favors are demanded of an employee.

false

State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act.

false

State employers are not immune from private suits brought by employees under the Americans with Disabilities Act.

false

The Americans with Disabilities Act requires that employers accommodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work

false

The Civil Rights Act does not prohibit job discrimination in the hiring process.

false

The Civil Rights Act does not prohibit job discrimination on the basis of national origin.

false

The Civil Rights Act does not protect against reverse discrimination.

false

There is no cap on damages for discrimination in violation of the Civil Rights Act.

false

Title VII of the Civil Rights Act prohibits only intentional discrimination.

false

Under the Age Discrimination in Employment Act, a plaintiff must prove that he or she was replaced by a person "outside the protected class."

false

Under the Americans with Disabilities Act, an employer must hire unqualified applicants who have disabilities.

false

1Title VII of the Civil Rights Act does not apply to employers with only five employees.

true

A tangible employment action is a significant change in employment status or benefits.

true

An employee's resignation must be the foreseeable result of an employer's discriminatory action to support a showing of constructive discharge.

true

An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action.

true

An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a business necessity.

true

Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act.

true

Disparate-impact discrimination occurs when a protected class of individuals is adversely affected by an employer's practices, even though they do not appear to be discriminatory.

true

Employers cannot forbid their employees from participating in any religious activity.

true

Employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship.

true

Gender can be a bona fide occupational qualification.

true

If a job applicant or an employee with a disability, with reasonable accommodation, can perform essential job functions, the employer must make the accommodation.

true

Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.

true

The Civil Rights Act prohibits job discrimination against majority group individuals, such as white males.

true

Under the Age Discrimination in Employment Act, the plaintiff must show that unlawful discrimination was the reason for an adverse employment action.

true

When the harassment by co-workers creates a hostile working environment, an employee may have a cause of action against the employer.

true