MindTap Worksheet 29.1: Title VII of the Civil Rights Act
In addition to Title VII, victims of racial discrimination may also have a cause of action under _____.
42 U.S.C. sec 1981
The _____ is the federal agency that monitors compliance with Title VII.
EEOC
Disparate-treatment discrimination
Intentional discrimination against a class of employees or potential employees based on a trait that is protected under federal law.,
One way for a plaintiff to prove disparate impact discrimination is: a. by comparing the employer's workforce to the pool of qualified individuals available in the local market. b. by comparing the employer's workforce to the pool of qualified individuals available in the national market. c. by comparing the employer's workforce to the pool of qualified individuals available in the global market.
a. by comparing the employer's workforce to the pool of qualified individuals available in the local market.
The most important federal statute prohibiting employment discrimination against members of a protected class is: a. The Equal Pay Act of 1963 b. The U.S. Antidiscrimination Statute c. Title 42, Section 1981 d. Title VII of the Civil Rights Act of 1964
d. Title VII of the Civil Rights Act of 1964
Hostile-environment harassment
harassment that occurs when a pattern of sufficiently severe sexually offensive conduct permeates the workplace
Quid pro quo harassment
harassment that occurs when one party demands sexual favors in return for something,
When sexual harassment is between co-workers, the employer generally is liable only if the employer _____ or _____ known about the harassment and failed to take action. Because sexual harassment is part of gender discrimination, it must be based on gender and same-gender harassment _____ barred under Title VII.
knew, should have, and is
In order to show a _____ case of discrimination under Title VII, the plaintiff must show membership in a _____ class, application and _____ for the job in question, _____ by the employer and an inference of discrimination, such as the hiring of a person not in the same protected class, or continuation of the search.
prima facie, protected, qualification, rejection
Employers are not allowed to discriminate based on certain protected traits. Employees or potential employees who share those traits are part of a _____ class.
protected
Employers cannot treat their employees more or less favorably based on their _____ beliefs or practices. Employers must reasonably _____ employees' sincerely held beliefs, but will not have to make changes that result in a(n) _____ for the employer.
religious, accommodate, undue hardship
When labor practices discriminate against those persons who are in the traditional majority, it is sometimes called _____ discrimination.
reverse
Title VII applies to employers with at least how many employees? a. 10 b. 15 c. 25 d. 50
15
Employment discrimination
Discrimination against a class of employees or potential employees based on a particular trait. Certain traits are protected under federal law and cannot be the basis of this unequal treatment.
Disparate-impact discrimination
Discrimination against a class of employees or potential employees that may be unintentional but is the result of a practice or procedure that negatively affects the ability of one group of people to be hired, retained, or promoted.,
Because sexual harassment includes at least some threat of physical touching, online activities cannot constitute sexual harassment.
False
Punitive damages are always awarded to successful plaintiffs in sexual harassment claims because in order to win, the plaintiff must show at least negligence by the employer in handling the situation.
False
Constructive discharge occurs when an employer causes the employee's working conditions to be so intolerable that a reasonable person in the employee's position would feel compelled to quit.
True
In 2011, the U.S. Supreme Court limited the rights of employees to bring discrimination claims against their employers as a group in the form of a class action.
True
In a retaliation claim, an individual asserts harm was suffered as a result of making a Title VII complaint, or testifying or participating in an investigation or proceeding.
True
Federal legislation, judicial decisions, and administrative agency actions prohibit employers from discriminating against workers on the basis of all of the choices except two. Select the two answers that do not constitute illegal discrimination. a. race b. color c. productivity d. religion e. gender f. age g. disability h. sexual orientation
c. productivity h. sexual orientation
Choose the two laws listed below that are do not relate to gender discrimination. a. Pregnancy Discrimination Act b. Equal Pay Act c. Lilly Ledbetter Fair Pay Act d. Age Discrimination Act e. Prostate Discrimination Act
d. Age Discrimination Act e. Prostate Discrimination Act
To succeed in a suit for gender discrimination, a plaintiff must demonstrate that gender was a _____ factor in the employment decision.
determining
For an employer to be held liable for a supervisor's sexual harassment of a subordinate, the supervisor normally must take a(n) _____ employment action against the employee. This is defined as a(n) _____ change in employment status. The Ellerth/Faragher defense allows an employer to decrease or eliminate liability if the employer took _____ care to prevent and correct the behavior and if the plaintiff _____ failed to take advantage of any employer-provided opportunities to avoid the harm.
tangible, substantial, reasonable, unreasonably