BLAW

Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is a. a constructive discharge. b. disparate-impact discrimination. c. disparate-treatment discrimination. d. not discrimination.

a. a constructive discharge.

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely a. a constructive discharge. b. employer retaliation. c. a voluntary quit. d. none of the choices.

a. a constructive discharge.

Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of a. a protected class. b. a majority group. c. an employers' association. d. a union.

a. a protected class.

Dona, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on a. age. b. disability. c. gender. d. race.

a. age.

An affirmative action plan may be found to be unconstitutional because it a. does not attempt to remedy past discrimination. b. does not make use of quotas or preferences. c. has not succeeded in remedying discrimination. d. has succeeded and subsequently been eliminated.

a. does not attempt to remedy past discrimination.

Title VII of the Civil Rights Act applies to employers and labor unions with at least a. fifteen employees or members. b. five employees or members. c. ten employees or members. d. one employee or member.

a. fifteen employees or members.

The Americans with Disabilities Act applies to workplaces with at least a. fifteen workers. b. five workers. c. ten workers. d. one worker.

a. fifteen workers.

Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that a. he is a member of a protected class. b. the employer has no legal defenses against the claim. c. discriminatory intent motivated the employer's act. d. no other firm in the industry has committed a discriminatory act.

a. he is a member of a protected class.

Mena, a female, and Neil, a male, are employees of Operation Business Corporation. Mena regularly e-mails sexually explicit images to Neal via Operation's network. Neil finds this offensive. This is most likely a. hostile work environment harassment. b. none of the choices. c. quid pro quo harassment. d. a constructive discharge.

a. hostile work environment harassment.

Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries a. if it acted with reckless indifference to an individual's rights. b. if it can easily afford to pay the amount. c. if it has one hundred or more employees. d. under no circumstances.

a. if it acted with reckless indifference to an individual's rights.

Gil and Hera are employees of IT Solutions Inc. Under the Equal Pay Act, IT Solutions can legitimately pay different wages to male and female employees on the basis of a. merit. b. marital status. c. similar work at the same facility. d. gender.

a. merit.

Holly files an employment discrimination suit against Industrial Inc. under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, Holly must show in part that she was adversely affected by the employer's a. practice. b. any of the choices. c. business necessity. d. bona fide occupational qualification.

a. practice.

Vim applies for a job at Welding Inc. She passes a test to determine which applicants are eligible for hiring, but Welding discards the results, and Vim is rejected. To successfully defend against a claim for discrimination under Title VII of the Civil Rights Act, the employer must show that a. the practice in question was justified. b. the employer feared it would be sued if it used the test results. c. any discriminatory effect was unintended. d. statistically the practice in question is discriminatory in effect.

a. the practice in question was justified.

Marv files a suit against the state of New Hampshire, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that a. the state is immune from the suit. b. the suit can proceed. c. the plaintiff is immune from any defense. d. the court is immune from the request.

a. the state is immune from the suit.

To succeed in a suit against a potential employer for discrimination under the Americans with Disabilities Act, a job applicant must show that he or she a. was not hired solely because of a disability. b. has a disability that does not limit any major-life activity. c. suffers from a disability that causes undue personal hardship. d. is willing to reasonably accommodate the employer's needs.

a. was not hired solely because of a disability.

Bib replaces Chloe in her job at Data Sales Corporation. To succeed with an age-discrimination claim against Data, Chloe will have to show that a. Bib is not qualified for the job. b. Chloe is qualified for the job. c. the employer's qualifications for the job are too high. d. no one could do the job as well as Chloe could.

b. Chloe is qualified for the job.

Emily, an employee of Farm Supplies Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by a. none of the employees. b. Emily. c. Emily's co-workers. d. Gowan.

b. Emily.

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is a. only Ivy. b. Ivy, Jerold, and Kim. c. none of the choices. d. only Ivy and Kim

b. Ivy, Jerold, and Kim.

Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under the Civil Rights Act, the club most likely has a. a prima facie case. b. a bona fide occupational qualification defense. c. a business necessity defense. d. immunity.

b. a bona fide occupational qualification defense.

Mechanical Engineering Inc. may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by a. the employee's previous employer. b. a company supervisor. c. a competitor. d. any of the choices.

b. a company supervisor.

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover a. an unlimited amount of compensatory and punitive damages. b. a limited amount of compensatory and punitive damages. c. compensatory, but not punitive damages. d. punitive, but not compensatory, damages.

b. a limited amount of compensatory and punitive damages.

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file a. none of the choices. b. a retaliation claim. c. a constructive discharge claim. d. a disparate-impact discrimination claim.

b. a retaliation claim.

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of a. the primary duties of the jobs. b. all of the choices. c. a seniority or merit system. d. any factor other than gender.

b. all of the choices.

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of a. experience. b. gender. c. education. d. all of the choices

b. gender.

Inez files an employment discrimination suit against Jiffy Delivery Inc. under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes a. imprisonment. b. reinstatement. c. fines. d. an order to close the employer's business.

b. reinstatement.

Kyla replaces Lomax in his job at Motor Corporation. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply a. Kyla must be forty years of age or younger. b. Motor must have been in business for at least forty years. c. Lomax must be forty years of age or older. d. Lomax must have been Motor's employee for at least forty years.

c. Lomax must be forty years of age or older.

Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is a. a prima facie case. b. a bona fide occupational qualification defense. c. a business necessity defense. d. disparate-impact discrimination.

c. a business necessity defense.

Giso applies for a job with Hobby Company. The employer does not hire him because of his ethnicity, or national origin. This is a. a constructive discharge. b. disparate-impact discrimination. c. disparate-treatment discrimination. d. not discrimination.

c. disparate-treatment discrimination.

The Uniformed Services Employment and Reemployment Rights Act applies to a. all public employers. b. all private employers. c. U.S. employers operating in foreign countries. d. all of the choices.

d. all of the choices.

Lisa brings a successful suit against her employer Mold & Die Corporation for employment discrimination. Lisa may be awarded a. back pay, but not retroactive promotions. b. retroactive promotions, but not back pay. c. damages, but not back pay. d. back pay, retroactive promotions, and damages.

d. back pay, retroactive promotions, and damages.

Sara believes that she was rejected for a position at Tour Agency on the basis of her race. Sara files a suit against Tour under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that a. she is a member of a protected class. b. she applied and was qualified for the job in question. c. she was rejected for a position by the employer. d. other persons of her race hold similar positions with similar employers.

d. other persons of her race hold similar positions with similar employers.

Resort Company replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is . deserving of higher pay than the individual who replaced her. b. generally more dependable than the individual who replaced her. c. older than the person who replaced her. d. qualified for the position.

d. qualified for the position.

Olive is a supervisor for Pasta!, a restaurant. Qua is a Pasta! employee. The owner announces that some employees will be discharged. Olive tells Qua that for sexual favors, she will give him an excellent performance review and recommend a raise. This is . employer retaliation. b. hostile-environment harassment. c. none of the choices. d. quid pro quo harassment.

d. quid pro quo harassment.

Jon, a paraplegic, applies for a broadcaster's job with a radio station. The manager says, "You meet all our requirements. But we need someone who can move around the studio without accommodation." Most likely, Jon could recover from the station under a. no federal law. b. Title VII of the Civil Rights Act. c. the Age Discrimination in Employment Act. d. the Americans with Disabilities Act.

d. the Americans with Disabilities Act.

Compliance with Title VII of the Civil Rights Act is monitored by a. protected classes. b. businesses affected by interstate commerce. c. state and local governing agencies. d. the Equal Employment Opportunity Commission.

d. the Equal Employment Opportunity Commission.