HRS Smartbook 11+12

Identify the true statements about Title VII regulations with reference to religious discrimination. (Check all that apply.)

To a great extent, religious organizations are exempt from the prohibitions in Title VII. Title VII is the only legislation specifically prohibiting religious discrimination in employment.

As used in the Age Discrimination in Employment Act (ADEA), _____ are equal to the unpaid wage and are available in cases involving "willful violations" of the statute.

liquidated damages

Match the filing deadlines associated with a federal age discrimination case (in the left column) with their descriptions (in the right column). Instructions

180 days The amount of time an employee has to file a complaint with the Equal Employment Opportunity Commission (EEOC) after discrimination occurs 90 days The amount of time to file a suit once the regulatory body evaluates the claim and gives the go-ahead to file the suit in complaints involving the Equal Employment Opportunity Commission (EEOC)

Identify an accurate statement about the factors considered in determining whether accommodating an employee's religious conflict would cause undue hardship to an employer.

Accommodation cost is considered in determining the presence of undue hardship.

Which of the following is true of a mixed-motives discrimination case?

An employee only has to prove that age discrimination was a motivating factor for an employment action.

Identify a true statement about benefit plans and seniority systems under the Age Discrimination in Employment Act (ADEA).

Benefit plans must be truly voluntary.

Carl, who works at a fast-food joint, agrees to taste all the food items according to his employer's requirement. However, he refuses to taste beef, as eating beef is against his religion. Carl's manager fires him for insubordination. Identify a true statement about this scenario.

Carl can sue fro discrination for his religion

Identify the types of discrimination that exist under the Age Discrimination in Employment Act. (Check all that apply.)

Disparate impact Disparate treatment

Certain elements must be established by an employee to satisfy the requirements for a prima facie case of age discrimination. Which of the following elements is almost always the most difficult to prove?

Dissimilar treatment

Identify a guideline issued by former President Bill Clinton in 1997 for the religious freedom of federal employees.

Employees are permitted to engage in religious expression with fellow employees.

Which of the following is a problem that is unique to an employer's defense of a claim of discrimination as a result of a reduction in force (RIF)?

Employers generally do not retain intricate written analysis of performance.

According to the Older Workers' Benefit Protection Act (OWBPA), what are the requirements for a waiver to be valid? (Check all that apply.)

Every waiver must be voluntary. Every waiver must be knowing.

In the context of the "same actor" defense to age discrimination claims, the _____ Circuit reasoned that claims that the employer animus exists in termination but not in hiring seem irrational.

Fourth

Jonathan is an employee of a tech firm. On a trip to a foreign country, Jonathan discovered a new religion of which he is now a devout follower. He wears the symbol of his religion on his arm. His supervisor has not heard of this particular religion and asks Jonathan to stop wearing the symbol. In this scenario, according to Title VII, which of the following statements is true?

His supervisor need not previously know of, or have heard of, the religion to accommodate it.

With reference to union activity, identify the true statements about religious discrimination. (Check all that apply.)

It is a violation of Title VII for an employer to discharge an employee for refusing to join a union because of his or her religious beliefs. Unions are under a duty to reasonably accommodate religious conflicts.

Identify a true statement about mandatory retirement with reference to the 1986 amendments to the Age Discrimination in Employment Act (ADEA).

It is deemed illegal by the 1986 amendment to the ADEA, with few exceptions.

In the context of religious discrimination in the workplace, identify an accurate statement about the duty to accommodate.

It only applies to religious practices.

In the context of religious discrimination, identify a true statement about Title VII.

It permits religion to be a bona fide occupational qualification.

Identify a true statement about the "same actor" defense to age discrimination claims.

It permits the inference that an employee's age was not a motivating factor in a termination.

Identify the true statements about the U.S. Supreme Court's ruling in the 2013 case of University of Texas Southwestern Medical Center v. Nassar. (Check all that apply.)

It was viewed by many as setting a higher bar for employees with grievances to demonstrate that their rights had been violated. It offered greater protections for employers against employee lawsuits.

Which of the following is true of religious discrimination in the workplace based on its description in Title VII?

Not every conflict involving religion will necessarily be a religious conflict recognized by the law.

Identify the occupational positions that have been subject to mandatory retirement. (Check all that apply.)

Police officers Firefighters

In the context of age discrimination, the Equal Employment Opportunity Commission (EEOC) considers several factors when assessing the reasonableness of an employment practice. In its guidance provided to interpret these considerations, the EEOC stresses that _____.

RFOAs do not need to meet the rigorous "business necessity" test used in Title VII cases

True or false: Managers are precluded by the Age Discrimination in Employment Act (ADEA) from hiring or retaining the most qualified individual.

Reason: This is false. As with other areas of protection against wrongful discrimination, managers are not precluded by the Age Discrimination in Employment Act (ADEA) from hiring or retaining the most qualified individual; the Act specifically requires that the employer do just that.

True or false: The purpose of the Employee Retirement Income Security Act (ERISA) is to protect employees from wrongful denial of all types of benefits, including retirement or pension benefits.

Reason: This is true. The purpose of the Employee Retirement Income Security Act (ERISA) is to protect employees from wrongful denial of all types of benefits, including retirement or pension benefits. Prior to ERISA's enactment, employers were able to discriminate against certain employees in their determination of eligibility for pension benefits and the amount of time one must work for the employer to be eligible for benefits.

Employees who live in states with state age discrimination protections greater than those provided by the Age Discrimination in Employment Act (ADEA) can choose to file a state law claim rather than a federal law claim. Which of the following is typically provided by the laws in those states?

State age discrimination laws sometimes allow a wider range of damages.

Which Act, passed in 1993 and later partially overturned, was enacted in order to ensure the free exercise of religion?

The Religious Freedom Restoration Act

Sofia is told that the cafeteria does not offer any vegetarian food after being hired by a clothing company. Sofia tells her employer that eating meat is against her religion and requests to add one vegetarian dish to the menu. In this scenario, according to Title VII regulations, which of the following statements is true?

The company can reasonably accommodate Sofia's request.

Identify a true statement about the legal options available to an employee who believes that his or her employer has engaged in age discrimination.

The complaint filing deadline with the EEOC is extended if the state has age discrimination laws and an administrative agency to oversee complaints.

A common carrier delivery company had a policy that did not allow its employees to have beards. The purpose of the policy is that the customers prefer drivers with no beards. An employee told his manager that he must grow his beard for religious reasons. Which of the following is correct?

The delivery company would likely have to the employee to grow a beard

Identify the requirements concerning an employee waiver of his or her right to file discrimination actions under the Age Discrimination in Employment Act (ADEA). (Check all that apply.)

The employee must be advised in writing to consult with an attorney prior to execution of the waiver. The waiver must be written in a manner that can be understood by an average employee.

In the context of age discrimination, identify the factors considered relevant by the Equal Employment Opportunity Commission (EEOC) when assessing the reasonableness of an employment practice. (Check all that apply.)

The extent to which the factor is related to an employer's stated business purpose The extent to which an employer defined the factor accurately and applied the factor fairly and accurately

A university promotes only people belonging to a particular community to the highest posts because it considers this act essential to fulfilling its mission. One of its professors, Michael, is from another community and is baffled when the university rejects his candidature for the post of Head of Academics. Identify a true statement about this scenario.

The university is protected by Title VII regulations.

In the context of an employer's defenses in an age discrimination case, the Equal Employment Opportunity Commission (EEOC) follows the requirements of _____ of the Civil Rights Act of 1963 in connection with the Age Discrimination in Employment Act (ADEA).

Title VII

Identify the true statements about Title VII regulations with reference to religious discrimination. (Check all that apply.)

Title VII is the only legislation specifically prohibiting religious discrimination in employment. To a great extent, religious organizations are exempt from the prohibitions in Title VII.

As part of the specific record-keeping provisions set by the Age Discrimination in Employment Act (ADEA), employers are required to record the _____ of each employee and applicant for three years.

address

While an employer reasonably accommodates an employee's religious conflict, it is the duty of the employee to _____.

be reasonable in considering accommodation alternatives

On its effective date, the Age Discrimination in Employment Act (ADEA) covered employees _____.

between the ages 40 and 65

According to the statute on religious discrimination, it shall be an unlawful employment practice for an employer to _____.

discharge any individual because of his or her religion

Relief that is not in the form of money damages, such as injunctions, reinstatement, and promotion is called _____.

equitable relief

When an age discrimination claim is pretextual, it means that _____.

it is not the true reason for the action

One purpose of the "Final Rule on Disparate Impact and Reasonable Factors Other than Age (RFOA)" issued by the Equal Employment Opportunity Commission (EEOC) is that _____.

it makes the existing regulation consistent with the Supreme Court's holding that the defense to an ADEA disparate impact claim is RFOA

If an employee establishes a prima facie case of religious discrimination against his or her employer, the employer has the burden to show that it _____.

offered to reasonably accommodate the employee

In 1967, Congress enacted the Age Discrimination in Employment Act (ADEA) with an aim to _____.

promote the employment of older people based on their ability

When a court has to determine if an employer has successfully borne the burden of reasonably accommodating an employee's religious conflict, it should consider _____.

the type of job in which the conflict is present

The intentional relinquishment of a known right is known as a(n) _____.

waiver

A university functions to promote the traditional values of a particular religion and hires only people who belong to this religion for its top posts. Louis, a professor at the university, applies for the post of Director of Education, but his application is rejected as he belongs to another religion. Identify a true statement about this scenario.

Louis does not have a valid suit as the university' goal is to propagate the religion.

Jason, an employee of a large computer company has a religious belief that he cannot use the Internet. The company states that it could not reassign him, because it was cause them undue hardship in finding a position that Jason could fulfill. Which of the following management tips should the company use to ensure that they are not discriminating against Jason based on his religion?

Make sure undue hardship actually exists if it is claimed.

True or false: Punitive damages, which are generally available in claims based on the Age Discrimination in Employment Act (ADEA), are unavailable for retaliation claims.

Reason: This is false. Punitive damages, which are generally unavailable in claims based on the Age Discrimination in Employment Act (ADEA), are available for retaliation claims.

True or false: When a court has to determine if an employer has reasonably accommodated an employee's religious conflict, the size of the employer's workforce is not relevant.

Reason: This is false. When a court has to determine if an employer has successfully borne the burden of reasonably accommodating an employee's religious conflict, the court needs to look into the size of the employer's workforce.

How is the Age Discrimination in Employment Act (ADEA) different from Title VII of the Civil Rights Act of 1964?

The ADEA is more lenient than Title VII regarding the latitude afforded employers' reasons for adverse employment decisions.

Identify the elements an employee needs to persuade a court that he or she has a valid claim for age discrimination. (Check all that apply.)

The employee is in the protected class. The employee suffered an adverse employment action.

Identify the true statements about an employee waiver of his or her right to file discrimination actions under the Age Discrimination in Employment Act (ADEA). (Check all that apply.)

The waiver must specifically refer to ADEA rights or claims.' If the waiver is executed in connection with an exit incentive, the employer must inform the employee of the exact terms of the program.

According to the Equal Employment Opportunity Commission (EEOC), to demonstrate a bona fide occupational qualification (BFOQ) in an age discrimination case brought under the Age Discrimination in Employment Act (ADEA), an employer must prove that _____.

all or nearly all individuals over that age are unable to perform the job's requirements efficiently

A _____ discrimination claim may exist where an employer's policy, though neutral on its face, affects one group differently than another.

disparete tresaatment

The protection Title VII provides for employment discrimination on the basis of religion _____.

does not mean that an employer must resolve the conflict in the way an employee wants

The most frequent conflict dealing with religion in unions is _____.

requiring that employees pay union dues

According to Title VII, which of the following conditions must an individual employee meet to proceed with a claim of religious discrimination against his or her employer? (Check all that apply.)

He or she must hold a sincere religious belief that conflicts with an employment requirement. He or she should have been discharged or disciplined for failing to comply with a conflicting task.

Which of the following is true of the duty to accommodate in the context of religious discrimination in the workplace?

It is illegal to use religious conflict alone as a basis for not hiring an applicant.

Identify a true statement about the Employee Retirement Income Security Act (ERISA). (Check all that apply.)

It requires complete disclosure of the administration of employee benefit plans. It regulates private employee benefit plans.

In the context of religious discrimination at workplace, identify an accurate statement about the duty to reasonably accommodate an employee's religious conflict.

It should not cause undue hardship for an employer.

Which of the following is an example of a case of religious harassment?

Javed, a Muslim employee at a supermarket, is often referred to as "terrorist" by his co-workers.

Match the requirements for a prima facie case of age discrimination (in the left column) with their descriptions (in the right column).

Member of the protected class An employee must merely show that she or he is 40 years old or older. Adverse employment action It may include a decision not to hire an applicant or to terminate an employee. Qualified for the position An applicant must prove that he or she was qualified for the position. Dissimilar treatment An applicant must show that he or she was acted toward differently from other employees who are not in the protected class.

Title VII regulations state that it is not an unlawful employment practice for an organization to hire employees of a particular religion if the organizations ____.

goal is directed toward the propagation of the religion

Discrimination cases involving more than one potential motivation for the employment action are referred to as _____ cases.

mixed-motives

An employer's Title VII duty to try to find a way to avoid conflict between workplace policies and an employee's religious practices or beliefs is known as the duty to _____.

reasonably accommodate

According to Title VII, the term _____ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

religion

According to the high court's determination in the Tabor case, the First Amendment's guarantee of freedom of religion states that _____.

religious institutions can discriminate based on religion during the hiring process

According to the U.S. Supreme Court's 2000 decision in Kimel v. Florida Board of Regents, a restriction on the Age Discrimination in Employment Act's (ADEA's) protection is that, in almost half the states, _____.

state employees are not able to sue their state employers under the ADEA

In the context of the U.S. Supreme Court's 2000 decision in Kimel v. Florida Board of Regents, under the Eleventh Amendment to the U.S. Constitution, _____.

states cannot be sued by citizens of another state

In a 2013 case, University of Texas Southwestern Medical Center v. Nassar, the U.S. Supreme Court decided that _____.

the "but for" causation standard applies to Title VII retaliation plaintiffs as well as to adverse employment actions in ADEA cases

While dealing with workplace conflicts based on religion, employers need to make sure that _____.

the basis for the conflict is a religious one

In the context of age discrimination, a factor considered relevant by the Equal Employment Opportunity Commission (EEOC) when assessing the reasonableness of an employment practice is _____.

the extent to which the employer assessed the adverse impact of its employment practice on older workers

A feature of the Establishment Clause of the First Amendment to the U.S. Constitution is that it requires that employee accommodation _____.

avoid excessive government entanglement with religion

Identify the ways in which employers can avoid many religious conflicts. (Check all that apply.)

Once an employee expresses conflict based on religion, the employer must not challenge the employee's religious beliefs. Employers should take all employee notices of religious conflicts seriously.

Which of the following types of bona fide retirement plans is specifically excluded by the Age Discrimination in Employment Act (ADEA)?

Plans that distinguish based on age

True or false: In a 2004 decision, the U.S. Supreme Court held that the Age Discrimination in Employment Act (ADEA) protects workers over 40 who were discriminated against in favor of workers over 50 with regard to benefits.

Reason: This is false. An individual under 40 cannot file a claim under the Age Discrimination in Employment Act (ADEA) based on the claim that he or she was discriminated against because of his or her youth. In a 2004 decision, the U.S. Supreme Court held that the ADEA does not protect workers over 40 who were discriminated against in favor of workers over 50 with regard to benefits.

True or false: A purpose of the "Final Rule on Disparate Impact and Reasonable Factors Other than Age (RFOA)" issued by the Equal Employment Opportunity Commission (EEOC) is that it explains the meaning of the RFOA defense to employees, employers, and those who enforce and implement the Age Discrimination in Employment Act (ADEA).

Reason: This is true. A purpose of the "Final Rule on Disparate Impact and Reasonable Factors Other than Age (RFOA)" issued by the Equal Employment Opportunity Commission (EEOC) is that it explains the meaning of the RFOA defense to employees, employers, and those who enforce and implement the Age Discrimination in Employment Act (ADEA).

True or false: According to the Age Discrimination in Employment Act (ADEA), it is unlawful for an employer to segregate or classify an employee in any way which would adversely affect his or her status as an employee because of such individual's age.

Reason: This is true. According to the Age Discrimination in Employment Act (ADEA), it is unlawful for an employer to segregate or classify an employee in any way which would adversely affect his or her status as an employee because of such individual's age.

True or false: Compensation for pain and suffering or emotional distress is not available under the Age Discrimination in Employment Act (ADEA).

Reason: This is true. Compensation for pain and suffering or emotional distress is not available under the Age Discrimination in Employment Act (ADEA). Forms of equitable relief include reinstatement, promotions, and injunctions.

True or false: The factors considered in determining whether accommodating an employee's religious conflict would cause undue hardship to an employer are the nature of the employer's workplace, the number of employees available for accommodation, and the type of job needing accommodation.

Reason: This is true. Factors considered, among others, in determining whether accommodating an employee's religious conflict would cause undue hardship to an employer are the nature of the employer's workplace, the type of job needing accommodation, the cost of the accommodation, the number of employees available for accommodation, the willingness of other employees to assist in the accommodation, and the possibility of transfer of an employee and its effects.

True or false: The religious freedom granted for federal employees permits an employee to engage in religious expression with fellow employees to the same extent that he or she may engage in comparable nonreligious private expression.

Reason: This is true. In the wake of the Religious Freedom Restoration Act situation, in 1997 former President Bill Clinton issued guidelines for the religious freedom of federal employees. The religious freedom granted for federal employees permits an employee to engage in religious expression with fellow employees to the same extent that he or she may engage in comparable nonreligious private expression.

True or false: According to the statute on religious discrimination, it shall be an unlawful employment practice for an employer to classify employees in any way that would deprive any individual of employment opportunities.

Reason: This is true. It shall be an unlawful employment practice for an employer to limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's religion.

True or false: When an employer has to deal with workplace conflicts based on religion, the employer needs to attempt a good-faith accommodation.

Reason: This is true. When an employer has to deal with workplace conflicts based on religion, the employer needs to attempt a good-faith accommodation. The employee with the conflict should assist in the attempted accommodation.

According to the Age Discrimination in Employment Act (ADEA), which of the following qualify as unlawful acts by an employer? (Check all that apply.)

Refusing to hire an employee because of his or her age Discriminating against an individual with respect to his or her compensation because of his or her age

Which of the following types of information must employers maintain for only one year for each employee and applicant as part of the record-keeping provisions set by the Age Discrimination in Employment Act (ADEA)? (Check all that apply.)

Test papers Result of physical exams

With reference to the Age Discrimination in Employment Act (ADEA), identify the true statements about disparate impact claims. (Check all that apply.)

The disparate impact provision is to be interpreted more narrowly for disparate impact claims under the ADEA compared to Title VII. Reasonable factors other than age (RFOA) provision states that employers may take disparate action, based on factors other than age discrimination.

How can an employee prove his or her case of age discrimination after the employer has demonstrated a bona fide occupational qualification (BFOQ)?

The employee has to show that the employer's reason or defense is pretextual.

The Tabor case left open who would qualify under which of the following exceptions to Title VII?

The ministerial exception

Identify the true statements about the legal options available to an employee who believes that his or her employer has engaged in age discrimination. (Check all that apply.)

The option most often used is to file a complaint with the employer, using the employer's internal grievance procedures. The employee may choose the available legal options if filing a grievance with the employer does not bring satisfaction.

Identify a true statement about religious discrimination in the workplace in accordance with Title VII.

The right to be free of religious discrimination is not absolute.

Ashton is an employee at a government agency. The employee union has pushed for employees to come to work clean-shaven, and it reprimands Ashton for having a beard. He refuses to join the union and says that shaving his beard is against his religion. According to the Establishment Clause of the First Amendment to the U.S. Constitution, identify the best possible course of action in this scenario.

The union should not attempt to force Ashton to shave.

In the context of the age discrimination cases, identify a true statement about punitive damages. (Check all that apply.)

They are generally unavailable in claims based on the Age Discrimination in Employment Act (ADEA). They are available for retaliation claims.

In the context of age discrimination, the Equal Employment Opportunity Commission (EEOC) considers several factors when assessing the reasonableness of an employment practice. The EEOC stresses that reasonable factors other than age (RFOAs) do not need to meet the rigorous "business necessity" test used in _____ cases.

Title VII

Any action or omission that takes away a benefit, opportunity, or privilege of employment from an employee is known as a(n) _____ action.

adverse employment

The _____ holds that an adverse action taken by a nonbiased decision maker, but based on information from another worker who has a discriminatory motive, satisfies a prima facie case of age discrimination.

cat's paw theory