MGMT 1110 Ch 3 Test

Since the passage of the Civil Rights Act of 1964, employment discrimination has largely disappeared from the workplace.

False

An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work. The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination?​

Yes, because the practice was a form of disparate impact.

Which of the following is true? Title VII of the Civil Rights Act:

applies to employers that have 15 or more employees.

Which of the following is true regarding discrimination?

discrimination has become more subtle and difficult to eliminate in recent years.

Which of the following is a neutral requirement that is likely to result in adverse impact?

language requirement and physical strength test

For a disparate treatment case involving pretext, which is the correct order of proof?

plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent

Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case?

proof that the employer's stated reason for its action is false or incredible

Which of the following is a protected class characteristic?

religion

Which of the following is a type of disparate treatment?

retaliation

Protected activity in a retaliation claim under Title VII includes:

testifying in court about another employee's discrimination claim

Which of the following must be shown in order to establish a prima facie case of retaliation?

that the employee lost an employment opportunity shortly after engaging in protected activity

The key element in disparate treatment is discriminatory intent. In this context, that means that:

the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee

In disparate treatment cases:

the focus is on proving the employer's discriminatory intent

In disparate impact cases:

the focus is on showing that the employer holds racist or sexist views

A firm had been sued and found guilty of religious discrimination against people who practiced Judaism, and managers were instructed to be very careful to avoid another similar suit. To that end, Jewish employees, but not others, were given raises. Of the following, what is the most correct assessment of this policy?

the policy is neither legally nor ethically sound

In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:

there is an alternative practice that would have less discriminatory effects, but the employer declines to use it

Of the following, the most effective way for an employer to respond to an employee's claim of retaliation would be:

to show that the employee was not retaliated against, but rather disciplined for poor performance or the like

Sam and Sarah, husband and wife, both worked for an aluminum siding firm, doing similar work in production. Their co-worker, Ahmed, who was a Muslim, was systematically harassed by their supervisor, who called him a terrorist, denied him the right to pray, and generally made his life at work very difficult. Sarah spoke up on his behalf, and the supervisor demoted Sam, her husband. Which of the following statements is most correct?​

​Sam has a cause of action against the employer for retaliation

Regarding cases alleging disparate treatment and pretext, it is correct to say: ​

​evidence in a pretext case can be either direct or circumstantial

Of the elements necessary to prove a case of disparate treatment involving pretext, which of the following is NOT required?

​plaintiff was as qualified for the employment opportunity as the person hired