Ch 43: Employment Discrimination

Prima facie is Latin for: ______. a. "at first view" b. "produce the body" c. "to be more fully informed" d. "intention to harm"

a. "at first view"

How many employees must a company have in order to have Title VII apply to them? a. 15 or more b. 60 or more c. 100 or more d. 75 or more

a. 15 or more

Select all that apply Which of the following are valid defenses to the Equal Pay Act? a. A bona fide seniority systema b. A bona fide merit system c. Corporate non-profitability for longer than a year d. A pay system based on quality or quantity of output

a. A bona fide seniority systema b. A bona fide merit system d. A pay system based on quality or quantity of output

Which of the following is not an exception to the Equal Pay Act of 1963? a. A private employer with less than 50 employees working within a 75-mile radius of the employer's primary business address b. A seniority system c. A system which measures earnings by quantity or quality of production d. A merit system

a. A private employer with less than 50 employees working within a 75-mile radius of the employer's primary business address

Select all that apply In a Title VII employment discrimination case, what are the valid forms of testing allowed under the merit defense? a. Construct validity b. Criterion-related validity c. Content validity d. Standard deviation validity

a. Construct validity b. Criterion-related validity c. Content validity

What is the term for unintentional discrimination where an employer's actions have caused a large number of employees in a protected class to be harmed? a. Disparate impact b. Disparate treatment c. Discrimination per se d. Prima facie discrimination

a. Disparate impact

Select all that apply What are the ways to prove discrimination under Title VII of the Civil Rights Act? a. Disparate treatment b. Reasonable suspicion c. Proof beyond reasonable doubt d. Disparate impact

a. Disparate treatment d. Disparate impact

In its Obergefell v. Hodges decision, the United States Supreme Court held that under the ______ and ______ Clauses of the ______ Amendment to the U.S. Constitution, same-sex couples have a fundamental right to marry. a. Due Process; Equal Protection; Fourteenth b. Privileges and Immunities; Necessary and Proper; Fifth c. Privileges and Immunities; Supremacy; Fifth d. Due Process; Supremacy; Fourteenth

a. Due Process; Equal Protection; Fourteenth

Under the ADA, the plaintiff may file a charge with the appropriate state agency or with the ______ within ______ of the discriminatory act. a. EEOC; 180 days b. FTC; two years c. United States Department of Commerce; three years d. OSHA; one year

a. EEOC; 180 days

Which of the following is not an element required to establish that an individual has a disability for the purposes of the ADA? a. Has filed a workers' compensation claim regarding a physical or mental impairment that substantially limits one or more major life activities b. Has a record of a physical or mental impairment that substantially limits one or more major life activities c. Is regarded as having a physical or mental impairment that substantially limits one or more major life activities d. Has a physical or mental impairment that substantially limits one or more major life activities

a. Has filed a workers' compensation claim regarding a physical or mental impairment that substantially limits one or more major life activities

Which of the following is false regarding the BFOQ defense to an age discrimination claim? a. In deference to employer judgment and discretion, courts generally do not scrutinize any attempt to demonstrate that age is a BFOQ. b. The Hodgson v. Greyhound Lines, Inc. case is one example of an employer's successful use of this defense. c. To succeed with this defense, the defendant must establish that they must hire employees of only a certain age to safely operate the business in question. d. To succeed with this defense, the defendant must establish that they must hire employees of only a certain age to efficiently operate the business in question.

a. In deference to employer judgment and discretion, courts generally do not scrutinize any attempt to demonstrate that age is a BFOQ.

Select all that apply The bona fide occupational qualification (BFOQ) defense potentially applies to which of the following types of discrimination? a. National origin b. Sex c. Religion d. Color e. Race

a. National origin b. Sex c. Religion

In a case filed pursuant to Title VII of the Civil Rights Act, if the jury finds in favor of the defendant, the plaintiff receives which of the following? a. Nothing b. Court costs c. Attorney fees d. Exemplary damages

a. Nothing

In a disparate-impact discrimination case, once the defendant establishes that its practice or policy is a business necessity, the plaintiff can still recover by doing which of the following? a. Proving that the necessity was a mere pretext for discrimination b. Demonstrating a prima facie case of discrimination c. Articulating a legitimate, nondiscriminatory business reason for the action d. Establishing statistically that a rule restricts employment for those in a protected class

a. Proving that the necessity was a mere pretext for discrimination

Select all that apply A successful plaintiff in an ADA case might receive which of the following remedies? a. Punitive damages b. Treble damages c. Reinstatement d. Back pay

a. Punitive damages c. Reinstatement d. Back pay

Select all that apply What areas of discrimination can be the basis of a hostile-environment lawsuit? a. Race b. Socioeconomic status c. Political affiliation d. Religion

a. Race d. Religion

Which of the following refers to a system that is based on preference given to employees determined by length of service and is used as a defense to Title VII discrimination? a. Seniority b. Merit c. Fiduciary d. Independent contractor

a. Seniority

For a hostile-environment sexual harassment lawsuit to be successful, who must have known that the harassment was occurring? a. The defendant company's management b. The EEOC c. The defendant company's shareholders d. The defendant company's stakeholders

a. The defendant company's management

Select all that apply What are the steps in proving a Title VII disparate treatment lawsuit? qww a. The employee must show that the reason given by the employer is a mere pretext. b. The employee must demonstrate a prima facie case of discrimination. c. The shareholders of the subject corporation must be notified and the employee must address the issue with the corporation's board of directors. d. The defendant must articulate a legitimate, nondiscriminatory business reason for the discrimination.

a. The employee must show that the reason given by the employer is a mere pretext. b. The employee must demonstrate a prima facie case of discrimination. d. The defendant must articulate a legitimate, nondiscriminatory business reason for the discrimination.

What factors determine if a corporation will be subject to American employment laws? (Check all that apply.) a. The location of the principal place of business b. The nationality of shareholders c. The location and nationality of management d. The profitability of the company

a. The location of the principal place of business b. The nationality of shareholders c. The location and nationality of management

What are the required elements to prove an ADA claim? (Check all that apply.) a. The plaintiff had a disability. b. The plaintiff was excluded from the job solely because of his or her disability. c. The plaintiff was otherwise qualified for the job. d. The plaintiff had been successful working at other companies

a. The plaintiff had a disability. b. The plaintiff was excluded from the job solely because of his or her disability. c. The plaintiff was otherwise qualified for the job.

The exception to the at-will employment rule is that an employer may not fire an employee for an illegal reason. Illegal reasons include all but which of the following? a. Employment termination based on violation of public policy b. Employment termination based on personality differences between the employee and his or her supervisor c. Employment termination based on violation of a state statute d. Employment termination based on violation of a federal law

b. Employment termination based on personality differences between the employee and his or her supervisor

What type of law provides the "minimum" level of protection for all workers in the United States? a. The Uniform Employment Code (UEC) b. Federal law c. The Restatement (Second) of Employment Law d. State law

b. Federal law

Select all that apply To sue for disparate treatment under Title VII of the Civil Rights Act, the employee must have been discriminated against on the basis of which of the following? a. Socioeconomic status b. National origin c. Race d. Gender

b. National origin c. Race d. Gender

Which of the following is the purpose of Title VII of the Civil Rights Act (CRA) of 1964? a. Prohibiting an employer from paying female workers less than the wages paid to male workers b. Protecting employees against discrimination based on race, color, religion, sex, or national origin c. Protecting employees and job applicants against discrimination based on disabilities d. Expanding the definition of sex discrimination to include discrimination based on pregnancy

b. Protecting employees against discrimination based on race, color, religion, sex, or national origin

Select all that apply What kind of damages can an employee receive under a Title VII Civil Rights claim? a. Treble damages b. Punitive damages c. Compensatory damages d. Up to two years of back pay

b. Punitive damages c. Compensatory damages d. Up to two years of back pay

Which of the following was officially covered by Title VII after the United States Supreme Court decided the Oncale v. Sundowner Offshore Services, Inc. case? a. Quid pro quo sexual harassment b. Same-sex sexual harassment c. Discrimination based on pregnancy d. Discrimination based on disability

b. Same-sex sexual harassment

Which of the following is correct regarding state employment law? a. The Pregnancy Discrimination Act of 1978 (PDA) is an example of a state law. b. State law can give employees more protection than federal laws. c. State law can be described as a "minimum" level of employee protection. d. It has been codified in the Uniform Employment Code (UEC)

b. State law can give employees more protection than federal laws.

Select all that apply Identify the court requirements for the extra duties given to members of one sex in order to legitimize pay inequities. a. The extra duties are actually performed by employees other than those receiving the extra pay. b. The extra duties are available on a nondiscriminatory basis. c. The extra duties are not commensurate with the pay differential. d. The extra duties are substantial, as opposed to inconsequential.

b. The extra duties are available on a nondiscriminatory basis. d. The extra duties are substantial, as opposed to inconsequential.

In Title VII cases, what type of damages involve the pay that an employee lost due to the discriminatory act? a. Collateral damages b. Front pay c. Punitive damages d. Back pay

d. Back pay

What type of law provides the "minimum" level of protection for all workers in the United States? a. State law b. The Uniform Employment Code (UEC) c. The Restatement (Second) of Employment Law d. Federal law

d. Federal law

Which of the following is not a recognized defense to an ADEA claim? a. Bona fide occupational qualification b. Reasonable factors other than age c. Bona fide seniority system d. Plaintiff cannot establish that he or she was subject to another type of discrimination other than age

d. Plaintiff cannot establish that he or she was subject to another type of discrimination other than age

Regarding Title VII discrimination cases, what type of damages are generally capped? a. Attorney fees b. Compensatory c. Pain and suffering d. Punitive

d. Punitive

The DOMA prevented what legal act in a particular state from being recognized in other states? a. Interracial marriage b. Child custody settlements c. Common-law marriage d. Same-sex marriage

d. Same-sex marriage

What is the term for unwelcome sexual advances or any sexual conduct that creates a hostile work environment? a. Discriminate impact discrimination b. Sexual protocol c. Disparate treatment discrimination d. Sexual harassment

d. Sexual harassment

Once an employee receives a right-to-sue letter, he or she is free to hire a(n) ______ and file __________ against the employer. a. mediator; for mediation b. arbitrator; for binding arbitration c. arbitrator; for non-binding arbitration d. attorney; a lawsuit

d. attorney; a lawsuit

In the Blakey v. Continental Airlines case, the court stated that the company-created electronic bulletin board should be considered: ______. a. a BFOQ defense under Title VII b. a merit-based system c. a common-law defense to harassment d. part of the workplace

d. part of the workplace

True or false: Under the National Labor Relations Act (NLRA), employers are prohibited from restraining the use of employees' social media for airing personal grievances. true false

false Reason: Airing personal grievances on social media is not protected by the NLRA.

Currently, 30 states protect an employer's right to discriminate against workers who smoke, including employees who smoke outside the workplace. true false

false Reason: Currently, 30 states protect a smoker's right to smoke outside the workplace.

Without exception, employers may not be held liable for harassment of their employees by nonemployees. true false

false Reason: Employers may be held liable for harassment of their employees by nonemployees under very limited circumstances.

Hostile-environment cases have been used in cases of discrimination based on personal appearance and political affiliation. true false

false Reason: Hostile-environment cases have been used in cases of discrimination based on religion and race.

Initially, same-sex harassment was not covered by Title VII of the Civil Rights Act. true false

true Reason: Initially, same-sex harassment was not covered by Title VII. By 1997, however, the courts were split on the issue. The issue was resolved in 1998 when the United States Supreme Court heard the case of Oncale v. Sundowner Offshore Services, Inc.

The Blakey v. Continental Airlines case shows that in some situations, employers have a duty to monitor their employees' use of email and the Internet to prevent harassment, including retaliatory harassment on an online bulletin board. true false

true Reason: This is true. The Blakey v. Continental Airlines case shows that, in some situations, employers have a duty to monitor their employees' use of email and the Internet. They cannot allow harassment, including retaliatory harassment on an online bulletin board.

Select all that apply To prove a hostile-environment sexual harassment claim, the plaintiff must demonstrate which of the following? a. The plaintiff suffered intentional, unwanted discrimination because of their sex. b. The defendant's management knew or should have known about the harassment and did nothing to stop it. c. The harassment was severe or pervasive. d. The harassment was subjectively, but not objectively, unwelcome.

a. The plaintiff suffered intentional, unwanted discrimination because of their sex. b. The defendant's management knew or should have known about the harassment and did nothing to stop it. c. The harassment was severe or pervasive.

Which of the following is the document issued by the EEOC that gives an employee the right to bring a case against an employer in federal court? a. The right-to-sue letter b. The charge document c. The amicus brief d. The indictment

a. The right-to-sue letter

Which title of the Civil Rights Act of 1964 deals with discrimination in employment? a. Title VII b. Title X c. Title IX d. Title V

a. Title VII

What federal law prohibits discrimination in an employment setting? a. Title VII of the Civil Rights Act b. The Taft-Hartley Act c. The Uniform Probate Code d. The Sarbanes-Oxley Act

a. Title VII of the Civil Rights Act

Which of the following is not a recognized element of a prima facie case of age discrimination involving termination of employment? a. Were subject to one or more other types of discrimination other than age discrimination b. Were qualified for the position held c. Were terminated under circumstances giving rise to an inference of discrimination d. Belong to the statutorily protected class

a. Were subject to one or more other types of discrimination other than age discrimination

Regarding remedies for violations of EPA, plaintiffs may recover back pay in the amount of the difference between what they make and what is paid to members of the opposite sex, plus: ______. a. attorney fees b. a temporary injunction c. nominal damages d. a permanent injunction

a. attorney fees

Select all that apply A seniority system that is based on length of service is considered bona fide if it: ______. a. follows industry practices b. applies equally to all persons c. has only the effect of disparate impact d. did not have its origin in discrimination e. has only the effect of disparate treatment

a. follows industry practices b. applies equally to all persons d. did not have its origin in discrimination

If an employee has been hired, fired, or denied a promotion on the basis of membership in a protected class, this: ______. a. is a form of intentional discrimination b. is a form of unintentional discrimination c. qualifies the employee to sue for disparate-impact discrimination d. qualifies the employer to sue for conditional-impact discrimination

a. is a form of intentional discrimination

In Lockhard v. Pizza Hut, Inc., the franchise was held liable for the harassment of a female server by two male customers because: ______. a. no steps had been taken to prevent the harassment b. similar actions had occurred on at least three occasions during the previous year c. one of the customers was a former employee of the franchise d. both of the customers were former employees of the franchise

a. no steps had been taken to prevent the harassment

Under the EPA, an employer is required to not discriminate in pay against a specific gender if the jobs performed are: Blank______. a. substantially similar b. equal c. wage-based, not salaried d. exempt

a. substantially similar

The ADEA applies to employees having Blank______ or more employees. a. 15 b. 20 c. 75 d. 50

b. 20

For how long should a company operate with at least 15 employees for Title VII of the Civil Rights Act to apply to them? a. Four consecutive months within one year b. 20 consecutive weeks within one year c. Six months (consecutive or non-consecutive) within one year d. 15 weeks (consecutive or non-consecutive) within one year

b. 20 consecutive weeks within one year

To create an inference of discrimination for an ADEA claim involving termination, the plaintiff must be older than age: ______. a. 62 b. 40 c. 65 d. 29

b. 40

Select all that apply Identify the interview questions that are illegal. a. Where do you see yourself in five years? b. Are you planning for a pregnancy? c. Do you have children? d. Do you have a college degree? e. Do you have child care arrangements?

b. Are you planning for a pregnancy? c. Do you have children? e. Do you have child care arrangements?

Identify the factors that will help the Equal Employment Opportunity Commission (EEOC) determine whether a foreign corporation is controlled by an American employer. a. Decentralized labor relations b. Common financial control c. Separated management d. Strong interrelation of operations

b. Common financial control d. Strong interrelation of operations

The ADEA applies to employees having ______ or more employees. 50 75 15 20

20

Select all that apply Regarding a Title VII action filed with the Equal Employment Opportunity Commission (EEOC), which of the following are stated in the charge? a. Whether the plaintiff has filed a Title VII action previously, and if so, the nature of the action, when the action was filed, and how the action was resolved b. The name of the charging party c. The name(s) of the defendant(s) d. The nature of the discriminatory act e. Whether the defendant has defended a Title VII action previously, and if so, the nature of the action, when the action was filed, and how the action was resolved

b. The name of the charging party c. The name(s) of the defendant(s) d. The nature of the discriminatory act

A defendant can avoid liability in a disparate impact discrimination case by claiming that the discrimination was: ______. a. not intentional b. for a business necessity c. due to a change in d. corporate culture condoned in other countries

b. for a business necessity

If the EEOC decides to not prosecute a discrimination case, it can issue a right-to-sue letter that: ______. a. allows the employee to pursue alternative dispute resolution b. gives the employee the right to file a private action c. permits the employee to participate in a class action d. requires the district attorney to file a criminal action

b. gives the employee the right to file a private action

A bona fide occupational ______ is necessary discrimination for the performance of a particular job. a. remediation b. qualification c. certification d. ramification

b. qualification

In cases based on discrimination other than race, punitive damages are capped at: ______. a. $200,000 for firms with 101 to 200 employees b. $500,000 for employers of more than 500 employees c. $50,000 for firms with 100 or fewer employees d. $400,000 for firms with 201 to 500 employees

c. $50,000 for firms with 100 or fewer employees

What federal law makes it illegal to discriminate against workers age 40 or older? a. FMLA b. ADA c. ADEA d. FLSA

c. ADEA

What is the term for an employment relationship where an employer or employee can terminate the relationship at any time and for any reason? a. Corporate employment b. Free-will employee c. At-will employment d. Contract employment

c. At-will employment

Which of the following describes the EEOC's attempt to negotiate a settlement between disputing parties in a discrimination case? a. Arbitration b. Mediation c. Conciliation d. Adjudication

c. Conciliation

The first step in a discrimination lawsuit is to file a complaint with the: ______. a. federal district court b. state supreme court in the jurisdiction where the defendant is principally located and doing business c. EEOC d. American Arbitration Association (AAA)

c. EEOC

Which of the following describes when a manager makes a sexual demand that is perceived as a term or condition of employment? a. Habeas corpus b. Res judicata c. Quid pro quo d. Prima facie

c. Quid pro quo

What federal law makes it illegal to discriminate based on bearing a child? a. The Fair Labor Standards Act b. The Bona Fide Occupational Qualification Act c. The Pregnancy Discrimination Act d. The Paid Family Leave Act

c. The Pregnancy Discrimination Act

Which of the following is the first step in proving disparate-treatment discrimination in employment under Title VII? a. The employee must show that the reason given by employer is a mere pretext. b. The employee must show why the policy or practice is a business necessity. c. The employee must demonstrate a prima facie case of discrimination. d. The employee must establish that a rule restricts employment for those in a protected class.

c. The employee must demonstrate a prima facie case of discrimination.

What defense to a Title VII discrimination action indicates that employment decisions were at least partially made based on test scores designed not to be discriminatory? a. The post hoc defense b. The ad hoc defense c. The merit defense d. The BFOQ defense

c. The merit defense

Which of the following is correct regarding disparate-impact discrimination cases? a. The plaintiff must prove that the reason given by the employer is a mere pretext. b. The plaintiff must articulate a legitimate, nondiscriminatory business reason for the action in question. c. The plaintiff must establish that a rule disproportionately limits employment chances for a protected class. d. The plaintiff must demonstrate a prima facie case of discrimination.

c. The plaintiff must establish that a rule disproportionately limits employment chances for a protected class.

The difference between the amount of money a plaintiff earned since a discriminatory act and the amount of money she would have earned had the discriminatory act never occurred is called: ______. a. front pay b. collateral damages c. back pay d. punitive damages

c. back pay

If the EEOC finds reasonable cause to believe that the employee has been discriminated against, it attempts to eliminate the discriminatory practice through ______; that is, by trying to negotiate a settlement between the two parties. a. binding arbitration b. consolidation c. conciliation d. condemnation

c. conciliation

To prove a disparate impact case, an employee must: ______. a. prove that the discrimination has been ongoing for a period of at least 180 days b. demonstrate an intentional effort to discriminate against the employee c. establish the actions of the employer which affect employment opportunities of a protected class d. show that the employer profited financially during the period of discrimination

c. establish the actions of the employer which affect employment opportunities of a protected class

The two distinct forms of sexual harassment are quid pro quo and: ______. a. post hoc ergo proctor hoc b. harassment per se c. hostile work environment d. disparate culture

c. hostile work environment