Chapter 35

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of

gender.

Myra, a female, and Neil, a male, are employees of Operation Business Corporation. Myra regularly e-mails sexually explicit images via Operation's network to Neil, who finds the images offensive. This is most likely

hostile work environment harassment.

Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of

a protected class.

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file

a retaliation claim.

Emily, an employee of Farm Supplies Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by

Emily.

A state does not have the inherent power to ban affirmative action within that state.

False

Affirmative action programs are often found to be unconstitutional because they deprive members of protected classes of equal protection.

False

An employer can require employees to participate in such religious activity as weekly prayer meetings with other employees.

False

Disparate-impact discrimination occurs when a protected class is adversely affected by the practice or procedure of an employer who intended that result.

False

If an employer sued for an adverse employment action on the basis of discrimination articulates a legal reason for the action, the employer wins.

False

Many states have their own laws that protect employees against discrimination, but none provide more protection to employees than federal laws.

False

The Americans with Disabilities Act defines disability to include a physical or mental impairment that causes "undue hardship."

False

The Equal Pay Act requires equal pay for male and female employees working at the same establishment, regardless of the work they do.

False

The use of interviews and tests, and minimum educational requirements, to choose among a large number of applicants for job openings is prima facie employment discrimination.

False

Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

False

Under federal law, the definition of gender discrimination has not been expanded to include discrimination based on pregnancy.

False

Under the Age Discrimination in Employment Act, if an employer offers a legitimate reason for its action, an employee's case is held to be a pretext.

False

Kyla replaces Lomax in his job at Motor Corporation. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply

Lomax must be forty years of age or older.

A business necessity is a defense against employment discrimination based on the genuine requirements of a business.

True

Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claim under Title VII and other federal discrimination laws.

True

Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is

a business necessity defense.

An affirmative action plan may be found to be constitutional if it

attempts to remedy past discrimination.

Title VII of the Civil Rights Act applies to employers and labor unions with at least

fifteen employees or members.

Bib replaces Chloe in her job at Data Market Corporation. To succeed with an age-discrimination claim against Data Market, Chloe will have to show that

Chloe is qualified for the job.

Under the Americans with Disabilities Act, employees with disabilities must reasonably accommodate the needs of their employers.

False

Under the Uniformed Services Employment and Reemployment Rights Act, any person who has served in the military is entitled to more favorable treatment in the workplace than a co-worker who has not served.

False

Workers in the United States generally have less protection against sexual harassment in the workplace than workers in other countries.

False

A worker who is dissuaded from filing a charge of discrimination by an employer's threat to change the benefits of the job has a basis for a claim of retaliation.

True

Normally, an employer is liable for a supervisor's sexual harassment only if the supervisor took a tangible employment action against an employee.

True

Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference.

True

Sexual harassment occurs when a pattern of sexually offensive conduct runs throughout a workplace and the employer takes no steps to prevent it.

True

The Age Discrimination in Employment Act extends to federal government employees but state employers are usually immune from age-based claims.

True

The laws designed to protect certain workers against discrimination are aimed at providing equal rights for all and eliminating special privileges for the few.

True

Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under the Civil Rights Act, the club most likely has

a bona fide occupational qualification defense.

Metro Fabrication Inc. may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by

a company supervisor.

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely

a constructive discharge.

Dona, 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

age.

Lisa brings a successful suit against her employer Mold & Die Corporation for employment discrimination. Lisa may be awarded

back pay, retroactive promotions, and damages.

Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is

disparate-impact discrimination.

Gino applies for a job with Hobby Company. The employer does not hire him because of his ethnicity, or national origin. This is

disparate-treatment discrimination.

Gil and Hera are employees of IT Solutions Inc. Under the Equal Pay Act, IT Solutions can legitimately pay different wages to male and female employees on the basis of

merit

Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

other persons of her race hold similar positions with similar employers.

Holly files an employment discrimination suit against Industrial Inc. under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, Holly must show in part that she was adversely affected by the employer's

practice.

Riverside Resort replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is

qualified for the position.

Olive is a supervisor for Pasta Garden, a restaurant. Qui is a Pasta Garden employee. The owner announces that some employees will be discharged. Olive tells Qui that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

quid pro quo harassment.

Jon, a paraplegic, applies for a broadcaster's job with a radio station. The manager says, "You meet all our requirements. But we need someone who can move around the studio without accommodation." Most likely, Jon could recover from the station under

the Americans with Disabilities Act.

Compliance with Title VII of the Civil Rights Act is monitored by

the Equal Employment Opportunity Commission.

Vim applies for a job at Welding Inc. She passes a test to determine which applicants are eligible for hiring, but Welding discards the results, and Vim is rejected. To successfully defend against a claim for discrimination under Title VII of the Civil Rights Act, the employer must show that

the practice in question was justified.

Marv files a suit against the state of New Hampshire, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

the state is immune from the suit.

To succeed in a suit against a potential employer for discrimination under the Americans with Disabilities Act, a job applicant must show that he or she

was not hired solely because of a disability.