Blaw chpt 16

Under the Rehabilitation Act of 1973, all companies with federal contracts of ____ have a duty to ensure the disabled an opportunity in the workplace by providing reasonable accommodations.

2,500 or more

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

EEOC issues a right to sue letter giving the employee the right to sue the employer

San Francisco's civil rights law that prohibits employment discrimination based on height or weight is an example of:

a city's extension of discrimination coverage beyond title VII

a sexually hostile work environment is

a form of sexual discrimination

intersectional discrimination refers to the claim that

a person suffered discrimination because of race and religion

the equal pay act allows differences in wages between men and women employees if the differences are due to

a system that measures earnings by quantity produced or a merit system or a seniority system

A deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members is called:

affirmative action

requiring older workers to pass physical examination as a condition of continued employment is an example of

age discrimination

The employment rights of persons with disabilities and their rights to public accommodations, such as hotels, restaurants, theaters, public transportation, telecommunications, and retail stores were expanded by the:

americans with disabilities act of 1990

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:

an underutilization analysis

which i snot an officially recognized racial group under title VII

arabs

under the age discrimination in employment act employers

are prohibited from discriminating in employment against persons only over 40

sexual harassment doe not appear to include

asking a co-worker to go on a date

title VII of the civil rights act does not apply to which of the following

business relationships selection of independent contractors

Executive Order 11246 was written:

by the President to require affirmative action programs of government contractors

the pregnancy discrimination act, a part of title VII, provides protection for which pregnancy related condition

child birth related medical conditions fringe benefits

The rules of affirmative action often require employers to:

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

if a person quits their employment because of sexual or racial harassment, it is called

constructive discharge

in relation to the term "sex discrimination"

courts have played a major rule in defining the term

____ 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.

disparate impact cases

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:

disparate impact; which is illegal

To select an employee from a group of applicants, employers may not use a selection criteria that results in:

disparate treatment disparate impact perpetuation of past patterns of discrimination

the drive for civil rights in employment and other aspects of life became a national movement in the

early 1960s

An affirmative action program is an effort by:

employers to remedy discriminatory employment practices that produced imbalanced workforces

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

equal employment opportunity commission

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

equal pay act

the first federal law that specifically addressed equal employment issues was the

equal pay act of 1963

title VII applies to employers with

fifteen or more workers

under federal law, if a person wishes to file a discrimination charge they must

file the charge within 180 days of an alleged discriminatory event often extends this to 300 days

The Rehabilitation Act and the Americans with Disability Act define a person with disability as one who:

has a physical impairment which substantially limits a major life activity or has a record of having a serious physical impairment or has a mental impairment which substantially limits a major life activity

historically the common law permitted employers to

hire and fire which ever workers they wished

the laws against discrimination in employment cover which of the following areas

hiring promotion transfers discipline pay raise benefits termination

the group the brings the most discrimination claims based on national origin is

hispanics

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

illegal based on genetic information discrimination

In bringing a suit charging an employer with a violation of Title VII, the courts recognize what as the theory of the law?

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

disparate treatment under title VII refers to

intentional discrimination and illegally motivated employment decisions

When employers have been sued for monitoring the content of their employees' e-mails at work, the court have generally held that the monitoring:

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

Under the Americans with Disabilities Act, a person who has a physical or mental impairment that does not substantially limit major life activities but is treated by the covered entity as constituting such limitation:

is regarded as having a disability

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:

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

if the EEOC investigates a discrimination claim and finds no reasonable cuase

it will dismiss the charge

besides regular private employers, title VII applies to which of the following

labor unions employment agencies government agencies

In a trial where a person has claimed employment discrimination has occurred and the plaintiff has shown a prima facie case, the employer's reason for his action must be:

legitimate clear nondiscriminatory

individual states

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

employment practices that discriminate against some employees must ____ to be legal

meet the business necessity test

An employer may legally provide differential treatment to its employees based on:

merit, seniority or business necessity

employers may legally see to it that more minorities or women are hired without committing reverse discrimination if

minorities or women are underrepresented in a certain job category

disparate-impact discrimination cases are ______ than disparate treatment

more complex and less common

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:

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

equal employment opportunity law does not apply to

non-US citizens working for US companies in other countries

violations of the equal pay act can result in what corrective action? employees:

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 age discrimination in employment act holds it illegal to discriminate in employment against

persons aged 40 and over women or minorities under age 21

Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be?

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

political affiliation sexual orientation

reverse discrimination is

preferential treatment of a protected class

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:

pretext

Title VII allows what major defenses to employment discrimination charges?

professionally developed ability tests, seniority or merit systems, and BFOQ

the age discrimination in employment act

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

the equal pay act

prohibits pay discrimination on the basis of sex

which of the following is NOT an issue in a disparate impact discrimination case

proof of intent to discriminate

where there is a promise of a reward, such as a promotion or pay raise, for providing sexual favors being demanded is called

quid pro quo

Which of the following characteristics cannot be a bona fide occupation qualification:

race

the most common basis for a discrimination complaint is (36% of charges filed)

race

under the equal pay act, pay differentials on the basis of sex are eliminated by

raising the wages received by women

Which of the following is NOT a reasonable accommodation required of employers under theAmericans with Disabilities Act:

redesigning a factory at high cost

The ____ provides protection for disabled persons seeking employment with, or who are currently employed by, employers that receive federal funds.

rehabilitation act of 1973

under Title VII of the civil rights act's prohibition of discrimination based on religion, an employer is

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

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:

retaliation

title VII prohibits discrimination in employment based on sex. this does not include

sexual preferences or sexual identity or marital status

To reduce the likelihood of discrimination cases, employers:

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

jim crow laws were federal and state laws that

supported, and even required, racial segregation and labor market discrimination

which of the following are examples of illegal discrimination under the pregnancy discrimination act

suspending a pregnant waitress because she might not be appealing to the diners at a cafe denying a pregnant reporter an assignment to a dangerous country because of her condition

Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services:

swimming running a mile in under 6 min sexual behavior disorder

When employment practices can be shown to discriminate against some employees:

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?

the burden of proof shifts to the employer the defendant must offer non-discriminatory reasons for the actions involved

under Title VII, national origin refers to

the country where a person is born or the country from which her or her ancestors came

if a person sues their employer under title VII based on disparate treatment, they must show

the employer intentionally discriminated

which of the following is one of the most common claims of religious discrimination in the workplace

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

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?

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

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

the most important anti discrimination employment law is

title VII of the civil rights act of 1964

One of the main purposes of an affirmative action program is:

to allow an employer to correct for underrepresentation

In general, to require job applicants to pass an aptitude tests is:

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

The Americans with Disabilities Act applies to employers with:

15 or more employees

the americans with disabilities act was passed in

1990

forcing retirement because of age is an example of

age discrimination

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:

back pay

Executive Order 11246 requires all:

businesses with federal contracts totaling 10,000 a year to take affirmative action

Recently, voluntary affirmative action programs:

have become more common than court-ordered affirmative action programs

titile vII restricts discrimination based on

national origin

under title VII, color refers to

the shade of a person's skin

If an employer is sued for age discrimination, which of the following defenses are not open to that employer?

younger workers are cheaper to employ than older workers