CH 19

​_______________ generally refers to​ _______________ of​ gender, which could correlate with an assigned sex at birth or can differ from it.

Gender​ identity; an​ individual's personal experience

Which of the following is a correct statement regarding the​ ADA?

Impairments resulting from pregnancy are disabilities under the ADA.

Suppose that an employer has a rule that all applicants for an executive position must be at least 5 feet 8 inches tall. Which of the following is a correct statement regarding the legality of this​ requirement?

It is​ disparate-impact sex​ discrimination, in violation of Title VII of the Civil Rights Act of 1964.

​_________, which is​ job-related experience,​ education, or unbiased ability​ test, is a defense to Title VII discrimination.

Merit

The Uniformed Services Employment and Reemployment Rights Act of 1994​ (USERRA), as amended by the​ Veterans' Benefits Act of​ 2010, applies to all​ _______ employers in the United States and​ ______ operating in foreign countries.

civilian and​ government; U.S. employers

Maria files a gender discrimination claim with the EEOC that states her employer has engaged in sex discrimination. The employer does not promote Maria when she qualifies for a promotion because she filed this claim. This would be an example of​ ________.

illegal retaliation

If a hospital serves primarily​ English-speaking patients and requires that employees speak only English when performing their duties and wherever patients can hear workers​ speaking, this would be an example of​ ________.

the​ English-only rule

When​ defendant-employer has the burden of proving an affirmative defense in determining whether the defense has been​ proven, a court considers all of the following EXCEPT​ __________.

whether the employees have seen workplace harassment in the past

Title II of​ __________ makes it illegal for an employer to discriminate against​ ___________________ and employees based on genetic information.

​GINA; job applicants

Under Title​ VII, an employer is under a duty to reasonably​ ______ religious​ observances, practices, or beliefs of its employees if doing so does not cause an undue​ ______ on the employer.

​accommodate; hardship

If an employee who harasses another employee is​ a(n) ______________, then the employer is liable if it was negligent in​ __________________ the working situation. In this​ situation, an employer may not invoke​ a(n) ___________________.

​coworker; controlling; affirmative defense

If an employer has a rule that all applicants for an executive position must be at least 5 feet 8 inches​ tall, this would be an example of​ ________.

​disparate-impact sex discrimination

​_________________ is a policy that provides that certain​ ____________ will be given to minority or other​ protected-class applicants when an employer makes an employment decision.

Affirmative​ action; job preferences

Which of the following is a correct statement regarding the​ ADEA?

An employer can maintain an employment policy of hiring only workers who are 40 years of age or older without violating the ADEA.

Which of the following is an INCORRECT statement regarding gender​ discrimination?

An employer who discriminates against married women or women with​ children, but who does not discriminate against females in​ general, does not violate Title VII.

The​ ________ is a federal statute that provides that each discriminatory pay decision restarts the statutory​ ________ clock.

Lilly Ledbetter Fair Pay Act of​ 2009; 180-day

​Wayne, who is 50 years​ old, applies for an open position as manager at Big Box Retail​ Stores, Inc. Wayne meets the job requirements of having a college degree and prior experience as a store manager and is otherwise qualified for the job. The employer refuses to hire Wayne because of his age and hires someone who is 30 years old for the job. Which of the following is a correct statement regarding Bix Box Retail​ Stores' refusal to hire​ Wayne?

This is age discrimination in violation of the ADEA.

The Equal Pay Act expressly provides four criteria that justify a differential in payment systems. Which of the following is NOT one of these​ criteria?

a factor such as sex

Discrimination based on protected classes other than race or color is permitted if it is shown to be a​ _____________________.

bona fide occupational qualification

If a​ light-skinned member of a race refuses to hire a​ dark-skinned member of the same​ race, this constitutes​ _____ discrimination, in violation of Title VII.

color

Which of the following is NOT included in national origin​ discrimination?

discrimination against a​ person's political affiliation

The Equal Pay Act prohibits disparity in pay for jobs that require any of the following​ EXCEPT?

equal age

All of the following are examples of unlawful​ LGBTQ-related sex discrimination EXCEPT​ __________.

failing to acknowledge an​ employee's sexual orientation

An employer discriminates against an applicant or employee because it had information that the​ person's family members have been stricken by a debilitating or a fatal disease that is likely to run in the​ individual's family. This would be an example of​ ________ discrimination.

genetic information

Under the​ ADA, an employer is not obligated to provide an accommodation that would​ _____.

impose an undue hardship on the employer

The Equal Employment Opportunity Commission​ (EEOC) is the federal agency responsible for enforcing most federal​ anti-discrimination laws. The EEOC is empowered to do all of the following EXCEPT​ __________.

issue warrants of arrest

Title VII of the Civil Rights Act of 1964 was enacted primarily to prohibit employment discrimination based on a​ person's __________.

race and color

The Uniformed Services Employment and Reemployment Rights Act of 1994​ (USERRA), as amended by the​ Veterans' Benefits Act of​ 2010, requires employers do all of the following EXCEPT​ __________.

rehire a returning service member into the position the individual left even if the individual cannot qualify for​ re-employment in that position

A supervisor or coworker frequently makes offensive remarks about a​ person's religious beliefs or practices. This would be an example of​ ________.

religious harassment

Gender discrimination is also known as​ _____ discrimination.

sex

Federal​ anti-discrimination laws prohibit​ ________ from engaging in​ _______ against an employee for filing a charge of discrimination or participating in a discrimination proceeding.

​employers; retaliation

To be​ lawful, an affirmative action plan must be​ _________ tailored to achieve some​ ________ interest.

​narrowly; compelling