Chapter 35

Intentional discrimination by an employer against an employee is known as disparate-treatment discrimination.

T

Sexual harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.

T

The Americans with Disabilities Act of 1990 defines persons with disabilities as persons with physical or mental impairments that "substantially limit" one or more everyday activities of the affected individuals.

T

The Equal Pay Act and other federal laws prohibit employers from engaging in gender-based wage discrimination.

T

Title VII of the Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males.

T

Under the Age Discrimination in Employment Act of 1967 permits private cause of action against employers for age discrimination.

T

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

T

For an employer to successfully defend against a charge of a supervisor's sexual harassment, the plaintiff-employee must have taken a tangible employment action against the supervisor.

F

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

F

The Civil Rights Act of 1964 prohibits job discrimination on the basis of merit.

F

The distribution of promotions and other job benefits according to a seniority system is not normally a good defense to a suit for employment discrimination.

F

Title VII of the Civil Rights Act of 1964 applies to employers with fifteen or less employees.

F

Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.

F

Buena files a suit against Credit Services Corporation under the Civil Rights Act of 1964, alleging employment discrimination on the basis of gender on a disparate-impact theory. To succeed, Buena must show that Credit Services hires fewer women than the per¬centage of a. qualified women in the local labor market. b. qualified women in the United States. c. women in Credit Services's state. d. women who apply to Credit Services for work.

A

Conrad and Delilah are employees of EcoCrop Feed & Seed Corporation. Under the Equal Pay Act of 1963, EcoCrop 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

Free-Flo Pipes & Plumbing Corporation is a private employer in-volved in an employment discrimination suit under the Civil Rights Act of 1964. Punitive damages may be recovered against Free-Flo only if the employer a. acted with malice or reckless indifference. b. can easily afford to pay the amount. c. has one hundred or more employees. d. consents.

A

Helene, a disabled person, applies for a job at Industrial Engineering Applications Inc. for which she is well quali¬fied, but for which she is rejected. Industrial Engineering continues to seek applicants and eventually fills the posi¬tion with a person who is not disabled. Helene is most likely to succeed in a suit against Industrial Engineering for discrimination under the Americans with Disabilities Act of 1990 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

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

T

If a wage differential is due to any factor other than gender, then it does not violate the Equal Pay Act.

T

Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act of 1964.

F

Employee demotion is one of the least frequently cited reasons for a finding of constructive discharge under Title VII of the Civil Rights Act of 1964.

F

Employers are not required to modify their job-application and selection process so that those with disabilities can compete for jobs with those who do not have disabilities.

F

Employers can avoid liability for employment discrimination on the basis of after-acquired evidence of an employee's misconduct.

F

Boni, the owner of Café Rico, knows about, but does not take any action to prevent, the sexual harassment of employees. Boni 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

Elsa participates in an investigation into possible violations of the Civil Rights Act of 1964 at Fabrication Foundry, Inc., 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

Emylee, an employee of Farm Supplies, Inc., files a sexual-harassment suit against Gowan, her supervisor. Emylee wins. Farm Supplies may also be liable if it had effective harassment policies and complaint procedures, and a. none of the employees followed them. b. Emylee followed them. c. all of the employees were aware of them. d. Gowan followed them.

B

Lumber Mill Inc. is a private employer with more than twenty employees. Its employment practices do not indicate a past pattern of discrimination. It is located in Metro City, which has recently seen an increase in the number of its citizens who are members of protected classes. Under the Civil Rights Act of 1964, Lumber Mill is a. required to promote diversity in its workplace, but not to implement an affirmative action policy. b. not required to implement an affirmative action policy. c. required to implement an affirmative action policy until the number of its minority employees is proportional to the number of minority individuals in Metro's labor pool. d. required to implement an affirmative action policy that considers race merely as a plus factor.

B

Merlin is a drug addict who has completed a supervised drug-rehabilitation program. Nabil used drugs casually in the past. Both work for Omni Insurance & Investments Inc. Considered to have a disability under the Americans with Disabilities Act of 1990 a. are Merlin and Nabil. b. is Merlin only. c. is Nabil only. d. none of the choices.

B

Neville, a member of a protected class, applies for a job with Origami Paper Products Corporation, but fails the company's employment test and is not hired. Neville 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

Refer to Fact Pattern 35-1B. To succeed with an age-discrimination claim against MVMC, Lomax will have to show that a. Kyla is not qualified for Lomax's job. b. Lomax is qualified for his job. c. MVMC's qualifications for Lomax's job are too high. d. no one could do Lomax's job as well as he could.

B

Satin, Silk & Swimwear, a women's clothing store, employs female attendants who as¬sist customers in the dressing rooms. Toribio, a forty-one-year-old male, ap¬plies for an atten¬dant's job, but is not hired. In Toribio's suit against Satin, Silk & Swimwear for em¬ployment discrimination under the Civil Rights Act of 1964, the store has a. no defense. b. a bona fide occupational qualification defense. c. a business necessity defense. d. an affirmative action defense.

B

Refer to Fact Pattern 35-1B. Lomax 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. Kyla must be forty years of age or younger. b. Kyla must be forty years of age or older. c. Lomax must be forty years of age or older. d. Lomax must have been MVMC's employee for at least forty years.

C

Solar Power Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school edu¬ca¬tion and job performance. In a suit against Solar Power under the Civil Rights Act of 1964, this is shown to have a discriminatory effect. Solar Power has a. an affirmative action defense. b. a bona fide occupational qualification defense. c. a business necessity defense. d. no defense.

C

Iago believes that he is a victim of a form of employment discrimination that falls under the Civil Rights Act of 1964. 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 Opportunities Commission.

D

Insurance Sales Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is a. disparate-impact discrimination. b. gender discrimination. c. not discrimination. d. reverse discrimination.

D

Lisa brings a successful lawsuit against her employer Metal Mold & Die Corporation for unlawful discrimination. 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

Melanie files an employment discrimination suit against Natural Resources Industries Corporation under the Civil Rights Act of 1964 on a disparate-impact theory. To succeed, Melanie must show that members of a protected class are adversely affected by any of the following except the employer's a. practices. b. procedures. c. tests. d. seniority system.

D

Ruta is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some em¬ployees will be discharged. Ruta tells Tim that for sexual favors she will give him an excellent performance review and recommend a raise. This is a. harassment on the basis of sexual orientation. b. hostile-environment harassment. c. not harassment. d. quid pro quo harassment

D

Sara believes that she was rejected for a position at Trek n' Travel Agency on the basis of her race. Sara files a suit against Trek n' Travel under the Civil Rights Act of 1964. To es¬tablish a prima facie case of employment discrimi¬nation, Sara 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 for a position by Trek n' Travel. d. other persons of her race hold similar positions with other similar employers.

D

Any federal, state, or local affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to strict scrutiny by the courts.

T