BLAW CHAPTER 16

In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court held that: (A) Heartland's proffered reason for Lewis's termination was pretextual and the district court's ruling for Heartland should be reversed (B) Heartland's proffered reason for Lewis's termination was not pretextual and the district court's ruling against Heartland should be reversed (C) Heartland's proffered reason for Lewis's termination was not pretextual and the district court's ruling for Heartland should be reversed (D) Heartland's proffered reason for Lewis's termination was sufficient explanation for her termination (E) Lewis could not sue for sex discrimination since the person who fired her was also a woman

(A) Heartland's proffered reason for Lewis's termination was pretextual and the district court's ruling for Heartland should be reversed

A sexually hostile work environment is: (A) a form of sexual discrimination (B) a form of pregnancy discrimination (C) not a legally defined term (D) not related to antidiscrimination laws (E) something employees must just learn to deal with

(A) a form of sexual discrimination

In McDonnell-Douglas Corp. v. Green, the Supreme Court established a four-part test that a plaintiff must meet to establish: (A) a prima facie case of employment discrimination (B) a per se case of employment discrimination (C) a rule of reason case of employment discrimination (D) a case of reverse discrimination (E) none of the other choices

(A) a prima facie case of employment discrimination

Title VII of the Civil Rights Act does not apply to which of the following: (A) business relationships (B) employment agencies (C) labor unions in the private sector (D) law firms (E) Title VII applies to all of the other specific choices

(A) business relationships

A woman has a difficult time with her pregnancy. She uses up all her leave time and sick time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer: (A) can dismiss her for taking off too much time (B) must give her additional time off, with pay, only if there is medical evidence that it is necessary (C) must give her additional time off, with pay, by extending her sick time and leave time, as required by law (D) must give her additional time off, with pay, if she requests it, so long as she is pregnant (E) none of the other choices

(A) can dismiss her for taking off too much time

Ernie the Employer allows John to work overtime every week, but refuses to let Sally work overtime at all. Sally can most likely: (A) complain of sex discrimination (B) complain of religious discrimination (C) do nothing, Ernie can do as he pleases (D) do nothing because, in practice, women never win sex discrimination cases (E) none of the other choices are correct

(A) complain of sex discrimination

Lucy is the only woman in the police department. Some co-workers make insulting comments about her looks; they display pornographic materials in the offices; and harass her while she is working. After putting up with this for a year, Lucy quit in disgust. She may sue under Title VII based on: (A) constructive discharge (B) remedial standards (C) bona fide occupational qualification (D) disparate impact (E) remedial standards and disparate impact

(A) constructive discharge

In Pennsylvania State Police v. Suders the Supreme Court noted that in a case where harassment in the workplace is "so intolerable as to cause a resignation": (A) constructive discharge is the same as being fired for an illegal reason (B) constructive discharge is not the same as being fired for an illegal reason (C) constructive discharge is legal (D) the employee cannot sue for constructive discharge because she did not remain on the job while seeking redress (E) the employer is automatically liable for no less than three months of wages

(A) constructive discharge is the same as being fired for an illegal reason

In relation to the term "sex discrimination:" (A) courts have played a major role in defining the term (B) Congress carefully defined the term in Title VII (C) the Executive branch has crafted many opinions on the subject (D) courts have played a major role in defining the term and the Executive branch has crafted many opinions on the subject (E) none of the other choices

(A) courts have played a major role in defining the term

Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal: (A) disparate treatment (B) dissolute impact (C) paternalism discrimination (D) mixed motives discrimination (E) despotism

(A) disparate treatment

Surveys show that people may prefer to deal with members of their own race. A company assigns white salespersons to white clients and Hispanic salespersons to Hispanic clients. This makes commissions to all the salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are: (A) illegal disparate treatment under Title VII (B) illegal only if the salespersons earn different wages (C) legal if the salespersons of all races have approved the market division (D) legal since the effect is to raise gross income on the affected group (E) legal since the interests of the customers is the same as the interests of the firm

(A) illegal disparate treatment under Title VII

If a person suffers discrimination because of race and because of religion, he may file a complaint of: (A) intersectional discrimination (B) intrasectional discrimination (C) real discrimination (D) double discrimination (E) super discrimination

(A) intersectional discrimination

If the EEOC investigates a discrimination claim and finds no reasonable cause: (A) it will dismiss the charge (B) it will pass the charge on to the Supreme Court (C) it will fine the employer, but not send the case to court (D) it will issue a right to sue letter (E) it will fine the plaintiff

(A) it will dismiss the charge

Employers may legally see to it that more minorities or women are hired without committing reverse discrimination if: (A) minorities or women are underrepresented in a certain job category (B) minorities or women comprise more than 75% of the company (C) there is a union for the unprotected classes of workers (D) the minority or female candidates are less qualified than the candidates from unprotected classes (E) none of the other choices are correct

(A) minorities or women are underrepresented in a certain job category

Equal Employment Opportunity law does not apply to: (A) non-U.S. citizens working for U.S. companies in other countries (B) non-U.S. citizens working for U.S. companies in the U.S. (C) U.S. citizens working for U.S. companies in other countries (D) U.S. citizens working for U.S. companies in the U.S. (E) Equal Employment Opportunity law does not apply to any of the other choices

(A) non-U.S. citizens working for U.S. companies in other countries

Under federal law, if a person wishes to file a discrimination charge they must file within 180 days of an alleged discriminatory event. State law: (A) often extends this to 300 days (B) often reduces this to 100 days (C) often extends this to 365 days (D) often reduces this to 60 days (E) cannot extend or reduce this time

(A) often extends this to 300 days

Title VII of the Civil Rights Act does not apply to which of the following: (A) selection of independent contractors (B) employment agencies (C) labor unions in the private sector (D) law firms (E) Title VII applies to all of the other specific choices

(A) selection of independent contractors

Jim Crow laws were federal and state laws that: (A) supported, and even required, racial segregation and labor market discrimination (B) restricted racial segregation and labor market discrimination (C) restricted unions' ability to discriminate based on sex (D) restricted unions' ability to discriminate based on race (E) none of the other choices are correct

(A) supported, and even required, racial segregation and labor market discrimination

The four-part test that the plaintiff in a disparate treatment case must meet to provide a prima facie discrimination case was established by: (A) the Supreme Court in the McDonnell-Douglas decision (B) the President in the Title VII Amendment of 1992 (C) Congress in the McDonnell-Douglas decision (D) Congress in the Title VII Amendment of 1992 (E) the Supreme Court in the Swierkiewicz v. Sorema decision

(A) the Supreme Court in the McDonnell-Douglas decision

Under Title VII, national origin refers to: (A) the country where a person is born or the country from which his or her ancestors came (B) the country where a person lives (C) the color of a person's skin (D) the religion of a person's ancestors (E) the country a person most recently lived in

(A) the country where a person is born or the country from which his or her ancestors came

Which of the following is one of the most common claims of religious discrimination in the workplace: (A) the employer will not allow the employee to take time off work to attend religious services (B) the employer makes derogatory remarks about the employee's religion (C) the employer refuses to acknowledge the employee's religion (D) the employer requires the employee to contribute to a religious charity (E) the employer does not allow the employee to convert other employees to his religion

(A) the employer will not allow the employee to take time off work to attend religious services

The Equal Pay Act of 1963 was: (A) the first federal employment discrimination statute (B) the most recent federal employment discrimination statute (C) the first state employment discrimination statute (D) a major setback for supporters of antidiscrimination legislation (E) none of the other choices are correct

(A) the first federal employment discrimination statute

In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court applied: (A) the four-part framework from the McDonnell-Douglas decision for making a prima facie case (B) the four-part framework from the Constitution for making a prima facie case (C) the standard Title VII test for discrimination (D) the two-part framework from the Sullivan-Douglas decision for making a sex discrimination case (E) the National Discrimination Standard

(A) the four-part framework from the McDonnell-Douglas decision for making a prima facie case

Under Title VII, color refers to: (A) the shade of a person's skin (B) a person's race (C) a person's national origin (D) a person's sexual orientation (E) none of the other choices are correct

(A) the shade of a person's skin

A woman has a difficult time with her pregnancy. She uses up all her paid leave time and sick time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer must give her additional time off, if requested: (A) without pay under the Family and Medical Leave Act (B) with pay, only if there is medical evidence that it is necessary (C) with pay, by extending her sick time and leave time, as required by law (D) with pay, if she requests it, so long as she is pregnant (E) none of the other choices

(A) without pay under the Family and Medical Leave Act

The most important antidiscrimination employment law is: (A) Title V of the Civil Rights Act of 1964 (B) Title VII of the Civil Rights Act of 1964 (C) Title I of the Civil Rights Act of 1963 (D) Title VII of the Civil Rights Act of 1963 (E) the Equal Pay Act of 1963

(B) Title VII of the Civil Rights Act of 1964

Intersectional discrimination refers to the claim that: (A) a person suffered discrimination because of sexual orientation (B) a person suffered discrimination because of race and religion (C) a person was not allowed to take off time from work to attend religious services (D) a person was treated unfairly because of their physical appearance (E) a person was not allowed to mention his cultural origin at work

(B) a person suffered discrimination because of race and religion

Sexual harassment does not appear to include: (A) commenting on physical attributes (B) asking a co-worker to go on a date (C) using crude or offensive language directed at a woman (D) deliberate, unsolicited touching of a sexual nature (E) all of the other choices may be included

(B) asking a co-worker to go on a date

Fred and Vinny work at Leo's Used Car Lot. Fred dislikes Vinny, makes insults about Vinny's Iranian heritage, and treats him badly. Leo has heard the insults but does not reprimand Fred because Leo thinks Fred is right. Leo's actions are: (A) legal because Vinny is a U.S. citizen (B) discriminatory under Title VII (C) legal because Leo and Fred have a rational basis for their beliefs (D) legal because Iranian-Americans are not protected by Title VII (E) legal; Fred is the one guilty of discrimination

(B) discriminatory under Title VII

When the effect of a hiring or promotion decision is intentionally discriminatory it is called: (A) bona fide occupational qualification. (B) disparate treatment (C) disparate impact (D) pretextual treatment (E) none of the other choices

(B) disparate treatment

The drive for civil rights in employment and other aspects of life became a national movement in the: (A) late 1970s (B) early 1960s (C) early 1950s (D) mid 1990s (E) mid 1980s

(B) early 1960s

A company with 30 employees has no personnel department. Several male employees pester several female employees, including making sexual gestures, comments, and, at times, grabbing them. Telling the men to stop does not change behavior. Several women quit and file a complaint against the employer for sexual harassment. It is likely that the women will: (A) have a case because the company does not have a personnel office as required by law (B) have a case because there was a persistent hostile environment that was not corrected. (C) not have a case because they did not complain sufficiently to the company manager before they quit (D) not have a case because they did not complain to the EEOC (or equivalent state office) before they quit (E) not have a case because they may not act as a group; only individually

(B) have a case because there was a persistent hostile environment that was not corrected.

Discriminating against an employee on the basis of genetic information that indicates the person may be more likely than average to have a heart problem is: (A) illegal based on age discrimination (B) illegal based on genetic information discrimination (C) illegal based on medical history discrimination (D) not illegal if the employer can show a work-related issue (E) not illegal because genetic information is not subject to discrimination proceedings

(B) illegal based on genetic information discrimination

A black and a white employee committed the same offense. The black employee was disciplined but not fired, the white employee was fired. The Supreme Court held that this treatment was: (A) legal under Title VII (B) improper reverse discrimination, which violates Title VII (C) proper if the employer had an affirmative action program to favor black employees (D) proper since whites are not protected by Title VII and, therefore, cannot claim protection (E) proper, since under Title VII minorities may be given preferential treatment

(B) improper reverse discrimination, which violates Title VII

Discrimination on the basis of sexual preference or sexual identity: (A) is prohibited by Title VII of the Civil Rights Act (B) is not prohibited by Title VII of the Civil Rights Act (C) is prohibited by most states (D) is an accepted practice in most workplaces (E) none of the other choices are correct

(B) is not prohibited by Title VII of the Civil Rights Act

Individual states: (A) may not have civil rights acts that apply to employers exempt from Title VII (B) may have civil rights acts that apply to employers exempt from Title VII (C) may not have civil rights acts that protect additional classes of employees not covered by Title VII (D) may exempt employers from any Title VII regulation (E) none of the other choices are correct

(B) may have civil rights acts that apply to employers exempt from Title VII

Individual states and cities: (A) may not have civil rights acts that apply to employers exempt from Title VII (B) may have civil rights acts that protect additional classes of employees not covered by Title VII (C) may not have civil rights acts that protect additional classes of employees not covered by Title VII (D) may exempt employers from any Title VII regulation (E) none of the other choices are correct

(B) may have civil rights acts that protect additional classes of employees not covered by Title VII

Carol's business requires that all employees dress professionally in business attire to give her company a professional appearance. Susan insists that she be allowed to wear ratty jeans because her religion requires it. Carol: (A) must allow Susan to wear jeans so as not to discriminate based on religion (B) may insist that Susan wear business attire since the company has a strict dress code policy (C) must compensate Susan monetarily if she chooses to force her to wear business attire (D) will likely be imprisoned for restricting freedom of religion (E) none of the other choices are correct

(B) may insist that Susan wear business attire since the company has a strict dress code policy

The Age Discrimination in Employment Act holds it illegal to discriminate in employment against: (A) persons under age 21 or over age 65 (B) persons aged 40 and over (C) women or minorities aged 40-65 (D) women or minorities aged 40-70 (E) women or minorities under age 21

(B) persons aged 40 and over

Under Title VII of the Civil Rights Act's prohibition of discrimination based on religion, an employer is: (A) required to financially support employees' religious practices (B) required to provide reasonable accommodation for an employee's religious practices (C) required to provide unconditional support for an employee's religious practices (D) not required to provide reasonable accommodation for an employee's religious practices (E) required to assist employees seeking religious support at the workplace

(B) required to provide reasonable accommodation for an employee's religious practices

Which is not a protected class under Title VII: (A) race (B) sexual orientation (C) religion (D) national origin (E) all of the other choices are protected classes

(B) sexual orientation

To reduce the likelihood of discrimination cases, employers: (A) must pay annual fees to the EEOC (B) should have clear, effective policy and procedures to allow employees to make complaints about perceived discrimination (C) should bribe employees not to sue (D) should reward employees who ignore discrimination (E) should have posters that indicate that discrimination is not tolerated in the workplace

(B) should have clear, effective policy and procedures to allow employees to make complaints about perceived discrimination

In Pennsylvania State Police v. Suders the Supreme Court noted that in a case where discrimination in the workplace is claimed, and the employee quits and claims constructive discharge for hostile environment: (A) the employee must remain on the job while seeking redress (B) the employee need not remain on the job while seeking redress (C) the employee must exhaust all other options before quitting (D) the employee must give the employer at least 3 chances to make amends before quitting (E) the employer is liable for up to three months' worth of wages

(B) the employee need not remain on the job while seeking redress

The Age Discrimination in Employment Act holds it illegal to discriminate in employment against: (A) persons under age 21 or over age 65 (B) women or minorities under age 21 (C) women or minorities aged 40-65 (D) women or minorities aged 40-70 (E) none of the other choices are completely correct

(B) women or minorities under age 21

If an investigation of a discrimination charge is not settled by the EEOC working with the employer and complaining employee, to carry the case further, the: (A) employee must file suit against the employer with an EEOC administrative law judge (B) EEOC investigator files suit against the employer with an EEOC administrative law judge (C) EEOC issues a "right-to-sue" letter giving the employee the right to sue the employer (D) EEOC must file suit in federal court on behalf of the employee (E) EEOC turns the case over to the Department of Justice for prosecution

(C) EEOC issues a "right-to-sue" letter giving the employee the right to sue the employer

Under the ____, it is illegal to pay men and women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions (A) Equal Conditions Act (B) Equal Compensation Act (C) Equal Pay Act (D) Civil Rights Act (E) Common Wage Act

(C) Equal Pay Act

Choosing to promote a younger worker rather than an older worker, because the older worker may be retiring in several years is an example of: (A) sex discrimination (B) elderly discrimination (C) age discrimination (D) geriatric discrimination (E) quantitative discrimination

(C) age discrimination

This ad was seen in a publication: "Wanted: Assistant to the President. Great job opportunity for bright, young, hard working person to work with President of a major private university." This ad is most likely to violate: (A) disability law because "bright" may discourage applicants with mental problems (B) discrimination law that requires jobs to have clearly stated goals and qualifications, not vague terms (C) age discrimination laws since "young" is probably not over the age of 40 (D) sex and race discrimination law since women and minorities are presumed not to be hard working (E) nothing; no violations exist in the ad

(C) age discrimination laws since "young" is probably not over the age of 40

For Title VII of the Civil Rights Act to apply, an employer must have: (A) at least 5 employees (B) no more than 50 employees (C) at least 15 employees (D) at least 10 employees (E) at least 100 employees

(C) at least 15 employees

If a person quits their employment because of sexual or racial harassment, it is called: (A) constructive treatment (B) differential impact (C) constructive discharge (D) retaliatory termination (E) none of the other choices

(C) constructive discharge

Historically, the common law permitted employers to: (A) hire workers only with government approval (B) fire workers only with government approval (C) hire and fire which ever workers they wished (D) fire workers for reasons listed in an employee handbook (E) none of the other choices

(C) hire and fire which ever workers they wished

In Harris v. Forklift Systems, a woman sued her employer based on the conduct of her male boss. The Supreme Court held: (A) all offensive conduct is illegal sexual harassment (B) even if the subject of the harassment does not care, an employer may still be liable for remarks that a reasonable person would find offensive (C) if a work environment becomes hostile or abusive due to sexual harassment, an employer may liable (D) employers will be liable only if the employee can prove physical harm (E) none of the other choices

(C) if a work environment becomes hostile or abusive due to sexual harassment, an employer may liable

Denying a woman a job, assignment, or promotion because she is pregnant or has children is: (A) legal, as long as there is specific company policy in place (B) legal in most states (C) illegal because it is a form of pregnancy discrimination (D) illegal because it is a form of religious discrimination (E) none of the other choices are correct

(C) illegal because it is a form of pregnancy discrimination

Discriminating in fringe benefits, such as in the structure of health insurance benefits, to discourage women of childbearing age from working is: (A) legal, as long as there is specific company policy in place (B) legal in most states (C) illegal because it is a form of pregnancy discrimination (D) illegal because it is a form of religious discrimination (E) none of the other choices are correct

(C) illegal because it is a form of pregnancy discrimination

Title VII restricts discrimination based on: (A) appearance (B) experience (C) national origin (D) attitude (E) education

(C) national origin

To not violate Title VII's prohibition of discrimination based on religion, an employer may have to make changes in the way her business is organized to meet religious requirements of employees. Employers are required to incur: (A) any expense required to avoid violating religious requirements of its employees (B) up to ten percent of an employee's wage in costs to comply with the employee's beliefs (C) no more than minimal expenses to accommodate an employee's religious requirements (D) no expense or trouble at all (E) none of the other choices

(C) no more than minimal expenses to accommodate an employee's religious requirements

If, at a trial for employment discrimination, the employer offers a job-relevant rationale for the decision that was made that the plaintiff is claiming is in fact discrimination, the plaintiff must show that the employer's rationale is what is called a: (A) prima facie excuse (B) constructive excuse (C) pretext (D) disparate (E) differential

(C) pretext

Where there is a promise of a reward, such as promotion or pay raise, for providing sexual favors being demanded is called: (A) bona fide impact (B) impact favoritism (C) quid pro quo (D) differential standard (E) differential favoritism

(C) quid pro quo

Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by: (A) lowering the wages received by men (B) lowering the wages received by women (C) raising the wages received by women (D) raising the wages received by men (E) giving stock options to the group discriminated against

(C) raising the wages received by women

If a plaintiff establishes a prima facie case of employer discrimination, what happens? (A) the plaintiff wins compensatory damages (B) the plaintiff receives a punitive damages award (C) the defendant must offer non-discriminatory reasons for the actions involved (D) the case is returned to the EEOC for further investigation (E) the plaintiff wins compensatory damages and can win punitive damages if malice is shown

(C) the defendant must offer non-discriminatory reasons for the actions involved

If a person sues their employer under Title VII based on disparate treatment, they must show: (A) the employer committed negligent acts of discrimination (B) the employer is strictly liable for its acts (C) the employer intentionally discriminated (D) both that the employer is strictly liable for its acts and that the employer intentionally discriminated (E) the employee must only prove that the employer's actions had a bad effect

(C) the employer intentionally discriminated

In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when a hostile environment is created by a supervisor, the Supreme Court held that: (A) the supervisor is personally liable, but the firm is not (B) the firm is strictly liable (C) the firm may be vicariously liable even if the employee suffered no adverse job consequences (D) the firm is liable only if it is shown that the employee suffered adverse job consequences (E) none of the other choices

(C) the firm may be vicariously liable even if the employee suffered no adverse job consequences

The Supreme Court's ruling in McDonald v. Santa Fe Trail Transportation, where an AfricanAmerican employee and a white employee had stolen property from their employer and the African- American employee was reprimanded but allowed to keep his job while the white employee was fired, showed that: (A) whites are not protected under Title VII of the Civil Rights Act (B) while Title VII recognizes whites as a protected class, in practice whites are not protected (C) whites are protected under Title VII of the Civil Rights Act (D) whites are only protected in cases involving Hispanics (E) none of the other choices are correct

(C) whites are protected under Title VII of the Civil Rights Act

The group that brings the most discrimination claims based on national origin is: (A) whites (B) Asians (C) Native Americans (D) Hispanics (E) none of the other choices are correct

(D) Hispanics

San Francisco's civil rights law that prohibits employment discrimination based on height or weight is an example of: (A) a prohibited practice of having different civil rights laws for different cities (B) the federal government extending discrimination coverage in a certain area (C) a city's illegal extension of discrimination coverage beyond Title VII (D) a city's extension of discrimination coverage beyond Title VII (E) none of the other choices are correct

(D) a city's extension of discrimination coverage beyond Title VII

In Oncale v. Sundowner Offshore Services, a case concerning male-on-male sexual harassment, the Supreme Court held that: (A) there was no case under Title VII, which refers to harassment against women (B) there was no case under Title VII, which refers to harassment against women, but there was a tort suit for battery (C) the law restricts "simple teasing or roughhousing" regardless of sex (D) all cases should be viewed from a reasonable person perspective, taking into account all circumstances, regardless of sex (E) none of the other choices

(D) all cases should be viewed from a reasonable person perspective, taking into account all circumstances, regardless of sex

If Joe, an African-American employer with light skin, discriminates against Omar, an African- American employee with dark skin, Omar will most likely file a discrimination claim based on: (A) sex (B) race (C) national origin (D) color (E) religion

(D) color

John and Lisa are candidates for promotions. John is 34, Lisa is 56. John is given the promotion. Management decided that since Lisa has said she plans to retire in four years, promoting her would make little sense. In this case, the company: (A) had a legitimate reason for denying the promotion (B) had a compelling reason for denying the promotion (C) engaged in a forced retirement scheme (D) discriminated illegally based on age (E) showed a legal age preference

(D) discriminated illegally based on age

Which is not one of the parts of the McDonnell-Douglas test that a plaintiff must establish to carry forward a claim of hiring discrimination against an employer: (A) plaintiff belongs to a protected class (B) plaintiff meets job qualifications (C) plaintiff was rejected (D) employer had a record of discriminatory behavior (E) all are part of the test

(D) employer had a record of discriminatory behavior

Under federal law, if a person wishes to file a discrimination charge they must: (A) file the charge within 10 days of an alleged discriminatory event (B) file the charge within 18 days of an alleged discriminatory event (C) file the charge within 60 days of an alleged discriminatory event (D) file the charge within 180 days of an alleged discriminatory event (E) there is no time limit for filing a discrimination charge

(D) file the charge within 180 days of an alleged discriminatory event

When employers have been sued for monitoring the content of their employees' e-mails at work, the court have generally held that the monitoring: (A) is an invasion of privacy (B) is an invasion of privacy if personal e-mails are reviewed, not work-related e-mails (C) is sexual harassment if directed at women employees (D) is legal, employers have the right to do so, in part to prevent sexual harassment (E) none of the other choices

(D) is legal, employers have the right to do so, in part to prevent sexual harassment

In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when an employee claimed she was subject to sexual harassment by her supervisor, but never reported the matter to superiors, the Supreme Court held that: (A) if it was quid pro quo harassment, not hostile work environment, then the firm is liable if the discrimination is proven (B) if it was hostile work environment, not quid pro quo harassment, then the firm is liable if the discrimination is proven (C) if it was either hostile work environment or quid pro quo harassment, then the firm is liable if the discrimination is proven (D) it does not matter whether it was hostile work environment or quid pro quo harassment, the firm is likely to be vicariously liable if it did not have an effective anti-harassment policy (E) none of the other choices

(D) it does not matter whether it was hostile work environment or quid pro quo harassment, the firm is likely to be vicariously liable if it did not have an effective anti-harassment policy

The Age Discrimination in Employment Act: (A) prohibits discrimination against persons over age 40 (B) requires that older employees be given physical exams if they work at jobs where safety is a serious concern (C) applies to employers with 20 or more employees (D) prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees (E) prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees and requires that older employees be given physical exams if they work at jobs where safety is a serious concern

(D) prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees

Which of the following are examples of illegal discrimination under the Pregnancy Discrimination Act? (A) not providing health insurance to employees (B) suspending a pregnant waitress because she might not be appealing to the diners at a café (C) denying a pregnant reporter an assignment to a dangerous country because of her condition (D) suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition (E) suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition and not providing health insurance to employees

(D) suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition

In Oncale v. Sundowner Offshore Services, a case concerning male-on-male sexual harassment, the Supreme Court held that: (A) there was no case under Title VII, which refers to harassment against women (B) there was no case under Title VII, which refers to harassment against women, but there was a tort suit for battery (C) the law restricts "simple teasing or roughhousing" regardless of sex (D) the law restricts same-sex harassment (E) none of the other choices

(D) the law restricts same-sex harassment

A person protected by Title VII applies for a job and is rejected. To prove a prima facie case of discrimination which of the following points need not be established? (A) the person belongs to a protected class (B) the person applied for a job and met the qualifications (C) the person was rejected (D) the person remained unemployed (E) the employer continued to seek applications from other persons with similar qualifications

(D) the person remained unemployed

If, at a trial where a person has claimed employment discrimination has occurred, and the employer has offered a rationale for what happened, then: (A) the plaintiff need do no more if a prima facie case had been established; the plaintiff wins (B) the employer wins (C) the court requests testimony from the EEOC about its investigation and opinion of the case (D) the plaintiff must show the employer's reason is a pretext or excuse for illegal behavior (E) the court usually sends the case to arbitration for resolution

(D) the plaintiff must show the employer's reason is a pretext or excuse for illegal behavior

An employee joins a religion that requires members to keep a chicken by their side all morning and then cut-off the chicken's head at noon and suck the blood. The employer tells the employee that he may not do this at work. The employee claims he has the right to do this as a religious belief, so the employer fires him. If sued for discrimination, the court will likely rule that: (A) these religious beliefs are valid and so they must be allowed (B) the chicken act may be done, but only in a room set aside for that purpose (C) this is an odd "religion," so Title VII does not apply (D) this behavior imposes undue hardship on the employer so need not be tolerated (E) the employee should be required to go to a class on the humane treatment of animals

(D) this behavior imposes undue hardship on the employer so need not be tolerated

The Pregnancy Discrimination Act, a part of Title VII, provides protection for which pregnancy related condition? (A) fringe benefits (B) childbirth (C) related medical conditions (D) insurance benefits and childbirth (E) childbirth and related medical conditions and fringe benefits

(E) childbirth and related medical conditions and fringe benefits

Besides regular private employers, Title VII applies to which of the following? (A) labor unions (B) employment agencies (C) government agencies (D) labor unions and employment agencies (E) labor unions and employment agencies and government agencies

(E) labor unions and employment agencies and government agencies

Violations of the Equal Pay Act can result in what corrective action? Employees: (A) paid too little must be given back wages to equalize their past low earnings (B) paid too little may be given a payment beyond the amount of back wages they are due to penalize the employer (C) who successfully sue their employer may be awarded attorney's fees and court costs (D) paid too little must be given back wages to equalize their past low earnings and who successfully sue their employer may be awarded attorney's fees and court costs (E) paid too little must be given back wages to equalize their past low earnings and who successfully sue their employer may be awarded attorney's fees and court costs and paid too little may be given a payment beyond the amount of back wages they are due to penalize the employer

(E) paid too little must be given back wages to equalize their past low earnings and who successfully sue their employer may be awarded attorney's fees and court costs and paid too little may be given a payment beyond the amount of back wages they are due to penalize the employer

The Equal Pay Act: (A) prohibits pay discrimination on the basis of age (B) prohibits pay discrimination on the basis of sexual orientation (C) prohibits pay discrimination on the basis of seniority (D) encourages pay discrimination on the basis of nationality (E) prohibits pay discrimination on the basis of sex

(E) prohibits pay discrimination on the basis of sex

Title VII prohibits discrimination in employment based on sex. This does not include: (A) sexual preferences (B) marital status (C) sexual identity (D) sexual preferences or sexual identity (E) sexual preferences or sexual identity or marital status

(E) sexual preferences or sexual identity or marital status

Under Title VII, officially recognized racial classes include: (A) whites (B) Native Americans (C) Hispanics (D) whites and Native Americans (E) whites, Native Americans and Hispanics

(E) whites, Native Americans and Hispanics

The mandatory analysis comparing the percent of minorities and women in the community in each job category with the percent employed by a government contractor is known as: (A) an underutilization analysis (B) a workforce analysis (C) a contractor analysis (D) a government contractor analysis (E) an affirmative action analysis

(A) an underutilization analysis

The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the: (A) National Labor Relations Board (B) Equal Employment Opportunity Commission (C) Department of Labor (D) Equal Pay Commission (E) U.S. Civil Rights Commission

(B) Equal Employment Opportunity Commission

An employee suing an employer for ____ under Title VII must show that the employer intentionally discriminated against them (A) intentional discrimination treatment (B) disparate treatment (C) secondary treatment (D) disparate impact (E) indisparate treatment

(B) disparate treatment

The most likely example of quid pro quo sexual harassment would be: (A) discussing sexual activities at work (B) promoting a woman because she accepts dates with her boss (C) saying demeaning things about women (D) showing sexually explicit photos (E) all of the other choices

(B) promoting a woman because she accepts dates with her boss

The most common basis for a discrimination complaint is: (A) sex (B) race (C) experience (D) age (E) religion

(B) race

Reverse discrimination is: (A) preferential treatment of whites (B) preferential treatment of men (C) preferential treatment of a protected class (D) discrimination against African-Americans (E) none of the other choices

(C) preferential treatment of a protected class

A plaintiff claims age discrimination. At trial there is a split in the testimony. The plaintiff and a couple other workers give evidence of discrimination. The defendant has employees who testify that there was no discrimination and that the plaintiff was incompetent. In such instances: (A) Title VII requires "clear and convincing" evidence for plaintiff to win (B) federal civil procedure requires that plaintiff have "clear and convincing" evidence to win (C) the judge must remove the case from the jury and make the determination under the guidelines set by the Supreme Court (D) it is up to the jury to decide if the plaintiff has presented enough evidence to show discrimination (E) the jury must find for the plaintiff if he or she has shown a prima facie case

(D) it is up to the jury to decide if the plaintiff has presented enough evidence to show discrimination

Which of the following characteristics cannot be a bona fide occupation qualification: (A) sex (B) religion (C) national origin (D) race (E) all of the other specific choices can be a bona fide occupation qualification

(D) race

The first federal law that specifically addressed equal employment issues was the: (A) Landrum-Griffin Act of 1959 (B) Civil Rights Act of 1964 (C) National Labor Relations Act of 1935 (D) Interstate Commerce Act of 1887 (E) Equal Pay Act of 1963

(E) Equal Pay Act of 1963

The Equal Pay Act allows differences in wages between men and women employees if the differences are due to: (A) a system that measures earnings by quantity produced (B) a merit system (C) a seniority system (D) a system that measures earnings by quantity produced or a merit system (E) a system that measures earnings by quantity produced or a merit system or a seniority system

(E) a system that measures earnings by quantity produced or a merit system or a seniority system

Which is not one of the parts of the McDonnell-Douglas test that a plaintiff must establish to carry forward a hiring discrimination claim against an employer: (A) belongs to a protected class (B) meets job qualifications (C) was rejected (D) employer continued to seek others with similar qualifications (E) all are part of the test

(E) all are part of the test

Many employers monitor the e-mail their employees send and receive at work. The courts have held that this practice is legal: (A) never, because it is an invasion of privacy. (B) only if an e-mail concerns an illegal matter. (C) only if the e-mails concern company business. (D) so long as the employees give the employer permission. (E) because e-mails are being transmitted on company time and property.

(E) because e-mails are being transmitted on company time and property.

A county adopted a flexible affirmative action program with no specific quotas, but with the purpose of getting more women in certain positions in which there were no women. To accomplish its goal, the County hired a qualified woman instead of a man who had scored higher on a valid aptitude test. The man sued arguing the program was discriminatory. You would expect the Supreme Court held that this action was: (A) a legitimate affirmative action program (B) legal if the county could demonstrate that the woman was better qualified than the man (C) legal only if the county adopted a program with specific clearly specified quotas (D) illegal because the affirmative action program had not been approved by the EEOC (E) illegal because of reverse sex discrimination

(A) a legitimate affirmative action program

In U.S. v. Paradise, involving the hiring of black troopers by the Alabama highway patrol, the Supreme Court: (A) affirmed a hiring goal on promotions, as long as qualified black candidates were available (B) agreed that the remedy proposed by the lower court was discriminatory to whites (C) reversed the lower court's hiring quota based on race remedy as being too vague (D) held that applicants scoring highest on employment tests must be hired regardless of race (E) none of the other choices

(A) affirmed a hiring goal on promotions, as long as qualified black candidates were available

The pay that an employee would have earned from the date the discrimination began or the difference between the pay received and what should have been received is known as: (A) back pay (B) punitive damages (C) front pay (D) compensatory damages (E) none of the other choices are correct

(A) back pay

Charles owns a club whose patrons are mostly African-American. He hires only African- Americans to serve drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue that the reason he denied Li the job is because being African- American is a bona fide occupational qualification, a court would find that Charles: (A) is wrong; he has illegally discriminated (B) is wrong, based on the merit system doctrine (C) is correct, minority employers can take into account customer preferences as a BFOQ (D) is correct, based on affirmative action (E) is correct, based on the Fourteenth Amendment

(A) is wrong; he has illegally discriminated

Employment practices that discriminate against some employees must ____ to be legal. (A) meet the business necessity test (B) meet the impartiality test (C) meet the anti-discrimination test (D) meet the equality of gender test (E) none of the other choices are correct

(A) meet the business necessity test

Disparate impact discrimination cases are ____ than disparate treatment cases. (A) more complex and less common (B) more complex and more common (C) less complex and more common (D) less complex and less common (E) none of the other choices are correct

(A) more complex and less common

Title VII allows what major defenses to employment discrimination charges? (A) professionally developed ability tests, seniority or merit systems, and BFOQ (B) professionally developed ability tests, BFOQ, and unintentional disparate treatment (C) seniority or merit systems, BFOQ, and more than de minimis costs (D) professionally developed intelligence tests, BFOQ, and more than de minimis costs (E) none of the other choices

(A) professionally developed ability tests, seniority or merit systems, and BFOQ

Which of the following is NOT an issue in a disparate impact discrimination case: (A) proof of intent to discriminate (B) existence of rules or practices that affect members of a protected group differently than other workers (C) justification by business necessity or valid job requirements of rules or practices that affect members of a protected group differently than other workers (D) all of the other specific choices are not issues in a disparate impact discrimination case (E) all of the other specific choices are issues in a disparate impact discrimination case

(A) proof of intent to discriminate

The ____ provides protection for disabled persons seeking employment with, or who are currently employed by, employers that receive federal funds. (A) Disability Act of 1973 (B) Rehabilitation Act of 1973 (C) Title VII Disability Act of 1990 (D) Able Bodied Worker Act of 1990 (E) Temporarily Disabled Persons Protection Act of 1973

(B) Rehabilitation Act of 1973

Because of past racial discrimination, senior employees at a plant are all white. The junior workers are racially mixed. A reduction in business forces the firm to fire half its workers. To protect the racial composition of the workers, the company will lay off white older workers. This policy is likely to be viewed by the courts as: (A) an illegal violation of a bona fide occupational qualification (B) an illegal violation of a bona fide seniority system (C) an illegal violation of the rights of the senior workers that can be corrected by laying-off junior white workers to preserve the jobs of the junior black employees (D) a legal way to create the equivalent of an affirmative action program (E) a legal way to preserve the racial mix of the work force

(B) an illegal violation of a bona fide seniority system

Employers who do $50,000 or more of business with the federal government are required to study their workforce to determine if the mix of employees in job categories by sex and by race are reflective of the relevant hiring pools the employers draw from. This is called: (A) voluntary affirmative action program (B) an underutilization analysis (C) a mandatory affirmative action program (D) a remediation analysis (E) a bona fide workforce analysis

(B) an underutilization analysis

If an employee voluntarily retires early because the incentives of the early retirement plan are so generous, then the employee: (A) can still sue for age discrimination by claiming he was forced to retire early (B) cannot sue for age discrimination by claiming he was forced to retire early (C) is entitled to an extra 2 months of pay in addition to the retirement incentive package (D) will not have to pay taxes on future income if he returns to the workforce (E) will never be eligible for Social Security benefits

(B) cannot sue for age discrimination by claiming he was forced to retire early

____ involve employment practices that appear to be neutral on their face but in fact have a disproportionately adverse impact on an employee or group of employees who are members of a protected class. (A) disparate treatment cases (B) disparate impact cases (C) age discrimination cases (D) whole class discrimination cases (E) partial class discrimination cases

(B) disparate impact cases

Recently, voluntary affirmative action programs: (A) have declined in prevalence (B) have become more common than court-ordered affirmative action programs (C) have led to a high incidence of reverse discrimination (D) have led to an increase in discrimination claims (E) none of the other choices are correct

(B) have become more common than court-ordered affirmative action programs

According to Title VII, it is ____ to use professionally developed ability tests to determine whether job applicants possess the necessary skills and attributes. (A) never legal (B) legal as long as there is statistical validation of the tests (C) legal as long as the company has used the test before (D) illegal without a special court issued dispensation (E) none of the other choices are correct

(B) legal as long as there is statistical validation of the tests

Requiring modelers of male clothing to be male is: (A) illegal because it discriminates against women (B) legal because in this instance sex is a bona fide occupation qualification (C) illegal because it discriminates against women who like to wear men's clothing (D) illegal in some states, but not others (E) none of the other choices are correct

(B) legal because in this instance sex is a bona fide occupation qualification

In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are: (A) non-existent (B) less protective of women and minorities (C) less protective of women, but more protective of minorities (D) less protective of minorities, but more protective of women (E) more protective of women and minorities

(B) less protective of women and minorities

Sam owns Speedy Bricklayers, Inc., a company that specializes in bricklaying. To maintain his business's reputation for quick, quality bricklaying, Sam requires that all employees are experienced bricklayers. This discriminates against potential employees who have never laid bricks before. Sam is likely: (A) in violation of Title VII because his employment practices do not pass the business necessity test (B) not in violation of Title VII because his employment practices pass the business necessity test (C) probably in violation of Title VII in some states, but not in others (D) in violation of Title VII because women cannot lay bricks as fast as men (E) in violation of Title VII because people over 40 cannot lay bricks as fast as people under 40

(B) not in violation of Title VII because his employment practices pass the business necessity test

Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be? (A) picking models for clothing on the basis of sex (B) picking nurses on the basis of race in hospitals that have mostly black or white patients (C) picking topless waitresses on the basis of sex (D) all of the specific choices would all be illegal (E) all of the specific choices would all be legal

(B) picking nurses on the basis of race in hospitals that have mostly black or white patients

Which is not a protected class under Title VII: (A) race (B) political affiliation (C) religion (D) national origin (E) all of the other choices are protected classes

(B) political affiliation

If workers are punished for participating in an official proceeding, such as filing an employment discrimination complaint or giving testimony in a discrimination investigation, they would have grounds for suit based on: (A) sex discrimination (B) retaliation (C) court discrimination (D) disparate treatment (E) pretext

(B) retaliation

In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that: (A) since the company could convincingly show that the test was sufficiently related to safe and efficient job performance, it was not discriminatory and not illegal (B) since the company could not convincingly show that the test was sufficiently related to safe and efficient job performance, it was discriminatory and illegal (C) it was discriminatory for the company to suggest that men are stronger than women (D) the test was discriminatory because women had to lift heavier weights than men (E) the test was discriminatory because women did not have to lift the same weights as men

(B) since the company could not convincingly show that the test was sufficiently related to safe and efficient job performance, it was discriminatory and illegal

Which is not an officially recognized racial group under Title VII: (A) Hispanics (B) Asians (C) Arabs (D) Native Americans (E) all of the other choices are recognized

(C) Arabs

The Office of Federal Contract Compliance Programs (OFCCP), which monitors the affirmative action programs of federal contractors, was established in response to: (A) the Equal Pay Act (B) the Fair Labor Standards Act (C) Executive Order 11246 (D) the National Labor Relations Act (E) the Federal Contract Equity Act

(C) Executive Order 11246

A deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members is called: (A) reasonable accommodation (B) disparate treatment (C) affirmative action (D) disparate impact (E) none of the other choices

(C) affirmative action

Compared to the United States, antidiscrimination laws in Europe and Japan: (A) are much stricter (B) lead to much bigger awards in court cases (C) are not nearly as strict as U.S. laws (D) are nonexistent (E) none of the other choices are correct

(C) are not nearly as strict as U.S. laws

An affirmative action program is an effort by: (A) a group of employees to correct past discriminatory practices (B) employers to continue hiring practices that led to under-representation of certain classes of workers (C) employers to remedy discriminatory employment practices that produced imbalanced workforces (D) independent contractors to correct racial balances in the public contracting system (E) none of the other choices

(C) employers to remedy discriminatory employment practices that produced imbalanced workforces

As a rule, when testing of job applicants employers should do which of the following to be within the bounds of the law: (A) test for general intelligence (B) test for differences in cultural backgrounds (C) test for ability to perform a certain job (D) all of the specific choices are generally acceptable (E) none of the other choices are acceptable

(C) test for ability to perform a certain job

When employment practices can be shown to discriminate against some employees: (A) the burden is on the courts to prove that the challenged practices are justified as a business necessity and are job related (B) the burden is on the employees to prove that the challenged practices are justified as a business necessity and are job related (C) the burden is on the employer to prove that the challenged practices are justified as a business necessity and are job related (D) there is no defense for a business (E) none of the other choices are correct

(C) the burden is on the employer to prove that the challenged practices are justified as a business necessity and are job related

If a plaintiff establishes a prima facie case of employer discrimination, what happens? (A) the plaintiff wins compensatory damages (B) the plaintiff receives a punitive damages award (C) the burden of proof shifts to the employer (D) the plaintiff wins compensatory damages and can win punitive damages if malice is shown (E) none of the other choices

(C) the burden of proof shifts to the employer

In general, to require job applicants to pass an aptitude tests is: (A) invalid because they are related to job performance (B) valid if given only to minorities (C) valid if shown to be an accurate predictor of ability to do the job (D) valid if one of the tests certified by the Department of Labor (E) none of the other choices

(C) valid if shown to be an accurate predictor of ability to do the job

A trucking company has employees who load 100-pound sacks on trucks. Of those who apply for the jobs, one man in three can lift 100-pound sacks, but only one woman in fifty. As a result, all 40 employees are men. In sex discrimination suit, the most likely result will be that the company will: (A) lose because the statistics prove the structure of the employment situation is discriminatory (B) lose because it could make smaller sacks smaller, which would increase the number of women who would be eligible (C) win because there is a business necessity that produces the all male workforce (D) win because the work involved is traditional male work (E) none of the other choices

(C) win because there is a business necessity that produces the all male workforce

Executive Order 11246 was written: (A) by the EEOC to require affirmative action programs of all governmental organizations (B) by the Commerce Department to require affirmative action programs of all employers of 15 or more persons (C) by the EEOC to require affirmative action programs of all organizations employing 15 or more persons (D) by the President to require affirmative action programs of government contractors (E) by the EEOC to require affirmative action programs of all organizations with federal contracts on behalf of disabled persons

(D) by the President to require affirmative action programs of government contractors

If an employer uses a decision rule that causes discrimination in some aspect of employment based on protected class status, but the discrimination was unintentional, the discrimination is called: (A) disparate treatment, but is legal so long as not intentional (B) disparate treatment, which is illegal (C) disparate impact, but is legal so long as not intentional (D) disparate impact, which is illegal (E) differential impact, but is legal so long as not intentional

(D) disparate impact, which is illegal

A labor union had once been whites only but is now integrated. Its membership rules used to state that to obtain employment through the union you had to be related to or recommended by a union member. Such a rule would now be: (A) not illegal because segregation had been eliminated (B) not illegal because Title VII does not apply to unions (C) illegal because blacks who entered the union would be junior to whites in seniority (D) illegal because it would perpetuate past intentional discrimination (E) none of the other choices

(D) illegal because it would perpetuate past intentional discrimination

Disparate treatment (under Title VII) refers to: (A) intentional discrimination (B) unintentional discrimination (C) illegally motivated employment decision (D) intentional discrimination and illegally motivated employment decisions (E) unintentional discrimination and illegally motivated employment decisions

(D) intentional discrimination and illegally motivated employment decisions

A male model claims that his income is lower than it would be because of the domination of women in the modeling industry. He is capable of modeling women's clothing and sues the modeling agency for sex discrimination for not hiring him. The court is likely to find that he: (A) wins because of disparate treatment (B) wins so long as he can show that equally qualified males are not treated as well as females (C) wins because of disparate treatment (D) loses because of bona fide occupational qualification (E) loses because white males under age 40 are not members of a protected class

(D) loses because of bona fide occupational qualification

In Harris v. Forklift Systems, a woman claimed that the behavior of her boss was illegal sexual harassment. The Supreme Court applied which standard to the case? (A) the merely offensive standard (B) the psychological trauma standard (C) the offensive utterance standard (D) the hostile work environment standard (E) the physical harm standard

(D) the hostile work environment standard

If an employer is sued for age discrimination, which of the following defenses are not open to that employer? (A) the employee was dismissed for good cause (B) the employee did not do her work properly (C) sex is a bona fide occupational qualification (D) younger workers are cheaper to employ than older workers (E) the employer was observing a bona fide seniority system

(D) younger workers are cheaper to employ than older workers

Executive Order 11246 requires all: (A) small business to undertake affirmative action programs (B) minority-owned businesses to undertake affirmative action programs (C) private universities to undertake affirmative action programs (D) agricultural businesses to undertake affirmative action programs (E) businesses with federal contracts totaling $10,000 a year to take affirmative action

(E) businesses with federal contracts totaling $10,000 a year to take affirmative action

The rules of affirmative action often require employers to: (A) conduct a work-force analysis for each job in an organization (B) take corrective action if certain protected groups are underutilized in any job category (C) make efforts to hire more women (D) conduct a work-force analysis for each job in an organization and take corrective action if certain protected groups are underutilized in any job category (E) conduct a work-force analysis for each job in an organization and take corrective action if certain protected groups are underutilized in any job category and make efforts to hire more women

(E) conduct a work-force analysis for each job in an organization and take corrective action if certain protected groups are underutilized in any job category and make efforts to hire more women

To select an employee from a group of applicants, employers may not use a selection criteria that results in: (A) disparate treatment (B) a perpetuation of past patterns of discrimination (C) disparate impact (D) disparate treatment or disparate impact only (E) disparate treatment or disparate impact or perpetuation of past patterns of discrimination

(E) disparate treatment or disparate impact or perpetuation of past patterns of discrimination

In bringing a suit charging an employer with a violation of Title VII, the courts recognize what as the theory of the law? (A) individual instances of disparate treatment or unintentional discrimination (B) neutral rules that perpetuate past discrimination (C) neutral rules that have a disparate impact and are not justified by business necessity (D) individual instances of disparate treatment or unintentional discrimination and neutral rules that have a disparate impact and are not justified by business necessity only (E) individual instances of disparate treatment or unintentional discrimination and neutral rules that have a disparate impact and are not justified by business necessity and neutral rules that perpetuate past discrimination

(E) individual instances of disparate treatment or unintentional discrimination and neutral rules that have a disparate impact and are not justified by business necessity and neutral rules that perpetuate past discrimination

An employer may legally provide differential treatment to its employees based on: (A) merit (B) seniority (C) business necessity (D) merit or seniority only (E) merit, seniority or business necessity

(E) merit, seniority or business necessity