BLAW 371 - Ch. 16
E
An employee may legally provide differential treatment to its employees based on: A) merit B) seniority C) business necessity D) a & c only E) a, b & c
A
As seen in a case concerning male-on-male sexual harassment, same-sex harassment is: (A) prohibited by Title VII when it is motivated by the sex of the victim (B) not prohibited by Title VII when it is motivated by the sex of the ictim (C) prohibited by Title VII when it is motivated by the age of the ictim (D) legal in some states, but not others (E) none of the other choices are correct
C
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
B
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 sub ect to discrimination proceedings
B
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
A
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 above
A
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
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 quality of gender test E) none of the above
A
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 an of the other choices
C
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
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) retaliator termination (E) none of the other choices
C
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
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 o er to the Department of justice for prosecution
A
If the EEOC investigate 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
B
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
C
If, at a trial for employment discrimination, the employer offers a job-role and 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
In general, requiring job applicants to pass 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 test is certified E) none of the above
A
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 man opinions on the sub ect (D) courts have placed a major role in defining the term and the Executive branch has crafted man opinions on the sub ect (E) none of the other choices
B
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 an Title VII regulation (E) none of the other choices are correct
B
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
A
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
D
Quid pro quo sexual harassment occurs when: (A) there are sexuall explicit pictures displa ed in the workplace (B) one employee touches another in an offensive way (C) an employer uses crude or demeaning language in pri ate (D) there is a promise of a reward, such as a pay raise, for providing sexual favors (E) none of the other choices are correct
D
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
B
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
A
The Equal 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 ma or setback for supporters of anti discrimination legislation (E) none of the other choices are correct
E
The Equal Pay act: (A) prohibits pay discrimination on the basis of age (B) prohibits pa discrimination on the basis of sexual orientation (C) prohibits pay discrimination on the basis of seniority (D) encourages pa discrimination on the basis of nationality (E) prohibits pay discrimination on the basis of sex
C
The Office of Federal Contract Compliance Programs (OFCCP) 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
D
The age Discrimination in Employment Act: (A) prohibits discrimination against persons over age 40 (B) requires that older employees be given physical exams if the work at obs where safety is a serious concern (C) applies to employers with 20 or more employee ess (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 the work at obs where safety is a serious concern
B
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
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
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
E
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 Act of 1963
D
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
E
The laws against discrimination in employment cover which of the following areas: (A) hiring (B) promotion (C) transfers (D) discipline (E) all of the other specific choices are correct
B
The most common basis for a discrimination complaint is: (A) sex (B) race (C) experience (D) age (E) religion
B
The most important anti discrimination 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 Act of 1963
C
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 "brighton" ma discourage applicants with mental problems (B) discrimination law that requires obs to have clearly stated goals and qualifications, not ague 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
D
Title VII applies to employers with: (A) any number of workers (B) five or more workers (C) ten or more workers (D) fifteen or more workers (E) fifty or more workers
E
Title VII applies to regular private employers; which of the following does it not apply to? (A) labor unions (B) employment agencies (C) government agencies (D) it does not apply to an of the other specific choices (E) it applies to all of the other specific choices
E
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
C
Title VII restricts discrimination based on: (A) appearance (B) experience (C) national origin (D) attitude (E) education
E
Title VII sex discrimination includes discrimination with respect to: (A) plans to have children in the future (B) current pregnancy (C) having children already (D) insurance benefits and childbirth (E) all of the other choices are included under the law
B
Under Title VII of the Civil Rights ct's prohibition of discrimination based on religion, an employer is: (A) required to financially support employee ess' 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
A
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
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 liked in
A
Under federal law, if a person wishes to file a discrimination charge they must file within 180 days of an alleged discriminator 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
D
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 da s 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
C
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 ct
C
Under the age Discrimination in Employment Act employers: (A) are not prohibited from cutting the health care benefits of employees over the age of 65 (B) are prohibited from discriminating in employment against persons only over age 65 (C) are prohibited from discriminating in employment against persons only over 40 (D) ma discriminate on the basis of age only if customers of the firm would ob ect to the older employees (E) none of the other choices
E
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 be ond the amount of back wages the are due to penalize the employer (C) who successfully sued their employer may be awarded attorneys fees and court costs (D) paid too little must be given back wages to equalize their past low earnings and who successfully sued their employer may be awarded attorneys fees and court costs (E) a, b & c
D
When employers have been sued for monitoring the content of their employees' emails at work, the court have generally held that the monitoring: (A) is an invasion of privacy (B) is an invasion of privacy if personal emails are reviewed, not work-related emails (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
C
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 fa oritism (C) quid pro quo (D) differential standard (E) differential favoritism
B
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
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
C
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
D
Which is not one of the parts of the 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
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 pro iding health insurance to employees
D
Which of the following could be used as evidence in a discrimination trial that the employer's rationale was just pretext for disparate treatment: (A) inconsistency in decision made by the employer (B) giving different reasons at different times for the decision (C) statistical evidence of discrimination based on sex (D) all of the other specific choices are correct (E) none of the other specific choices are correct
D
Which of the following is an amendment to the civil Rights act of 1964: (A) the Equal Employment Opportunity act of 1972 (B) the Pregnancy Discrimination act of 1978 (C) the civil Rights act of 1991 (D) all of the other specific choices are amendments (E) none of the other specific choices are amendments
A
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
B
____ involve employment pratices that appear to be neutral but have 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 E) partial class discrimination
D
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
A
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 anti discrimination laws (E) something employees must just learn to deal with
A
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 bad. 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, withpay, if she requests it, so long as she is pregnant (E) none of the other choices
D
Disparate treatment (under Title VII) refers to: (A) intentional discrimination (B) unintentional discrimination (C) illegally motivated employment decision (D) a & c (E) b & c
B
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 on the basis of sex D) illegal in some states, but not others E) none of the above
C
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
E
Under the Equal Pay act, men and women may be paid different wages if: (A) wages are based on a seniority system (B) wages are based on a merit system (C) wages are based on quantity of production (D) wages are based on quality of production (E) all of the other choices are correct
D
Which of the following can NOT be a bona fide occupation qualification? A) sex B) religion C) national origin D) race E) all of the above
