Ch 25 - Employment Discrimination

Constructive discharge occurs when the employer causes the employee's working conditions to be so intolerable that a reasonable person in the employee's position would feel compelled to quit. a. True b. False

a. True

In 2011, the United States Supreme Court limited the rights of employees to bring discrimination claims against their employers as a group in the form of a class action. a. True b. False

a. True

In a retaliation claim, an individual asserts harm was suffered as a result of making a Title VII complaint, or testifying or participating in an investigation or proceeding. a. True b. False

a. True

In an age-discrimination lawsuit, the employee has the burden of establishing that age was the actual reason for the discrimination. a. True b. False

a. True

Affirmative action programs: a. have been widely adopted by private and government employers. b. have always been optional for all employers. c. are controversial because they are seen as reverse discrimination.

c. are controversial because they are seen as reverse discrimination.

The most important federal statute prohibiting employment discrimination against members of a protected class is: a. the Equal Pay Act of 1963 b. the US Antidiscrimination Statute c. Title 42 Section 1981 d. Title VII of the Civil Rights Act of 1964

d. Title VII of the Civil Rights Act of 1964

The primary law dealing with disability discrimination is the: a. ADA b. ADEA c. Title VII d. PDA

a. ADA

Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed, who is a Muslim, applies for the job. The church declines to hire him and continues to look for other applicants. If Mohammed files a claim of illegal discrimination against the church, the church: a. may assert a bona fide occupational qualification (BFOQ) defense. b. can claim that Mohammed did not make out a prima facie case of illegal discrimination. c. can assert that its hiring practices are not intentionally discriminatory. d. can contend that the EEOC's "80 percent rule" is irrelevant when there is only one available job.

a. may assert a bona fide occupational qualification (BFOQ) defense.

Title VII applies to employers with at least how many employees? a. 10 b. 15 c. 25 d. 50

b. 15

For the ADEA to apply to an employer, that employer must have at least how many employees? a. 10 b. 20 c. 50 d. 100

b. 20

An employer cannot discriminate against a disabled person, but can refuse to hire a caretaker of a disabled person. a. True b. False

b. False

Because discrimination law is primarily federal, states are not allowed to pass laws that ban affirmative action or protect classes other than those in the federal laws. a. True b. False

b. False

Because sexual harassment includes at least some threat of physical touching, online activities cannot constitute sexual harassment. a. True b. False

b. False

Punitive damages are always awarded to successful plaintiffs in sexual harassment claims, because in order to win, the plaintiff must show at least negligence by the employer in handling the situation. a. True b. False

b. False

The ADA requires an employer to accommodate a disability, even to extreme costs. a. True b. False

b. False

Discrimination that is not based on ability to perform the functions of the job, but that is societally necessary (meaning the class of people being denied employment could perform the functions of the job but for some reason, society requires that they not be hired) is justified by: a. a business necessity b. a BFOQ (bona fide occupational qualification) c. a seniority system

b. a BFOQ (bona fide occupational qualification)

Min applies for a job as a receptionist at an accounting firm. If she is denied a job because she is of Asian origin, she may be a victim of: a. direct-treatment discrimination. b. disparate-treatment discrimination. c. primary-treatment discrimination. d. disparate-impact discrimination.

b. disparate-treatment discrimination.

Rhonda is not hired for her dream position and believes that she is the victim of gender discrimination. She is angry and wants to immediately file a lawsuit in the closest courthouse she can find. Rhonda: a. can file a suit in any court she chooses. b. must first file a complaint with the EEOC. c. must first file a complaint with the Employment Nondiscrimination Office (ENO). d. can file a suit, but it must be in federal court and not the nearest court she can find.

b. must first file a complaint with the EEOC.

Carl tells Jenny that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, this is known as: a. hostile-environment harassment. b. quid pro quo harassment. c. settled harassment. d. invidious harassment.

b. quid pro quo harassment.

Once the plaintiff in an ADEA case has demonstrated the prima facie case, the employer has what? a. no chance of winning b. the burden to raise a legitimate reason for the action c. one opportunity to prove that the plaintiff is lying

b. the burden to raise a legitimate reason for the action

Norm worked as a sales person for his firm. When he turned fifty, the office had a party for him. His boss made a lot of jokes about Norm getting too old to keep up with the younger staff. Those comments continued past the party for several months. Norm was fired six months later. When he filed a complaint for age discrimination, the boss defended his actions by saying Norm was fired for not meeting sales quotas. Norm had missed his quota for only one month, and he provided evidence that younger employees who had missed up to three months of the quotas were not terminated. Norm is attempting to show that: a. age was one of the motivating factors for his termination. b. the employer's defense was a pretext. c. the employer engages in Title VII discrimination. d. he suffered an adverse employment action.

b. the employer's defense was a pretext.

Kay runs a business and her target customer population is twenty- to forty-five-year-olds. Because she wants her employees to be "in tune" with the younger crowd, she requires all of her front staff to quit or retire from her company at the age of fifty. This: a. is not a violation of any federal laws. b. violates the Age Discrimination in Employment Act. c. violates the Americans with Disabilities Act, because it appears she is trying to avoid paying insurance for those who are most likely to become disabled. d. violates Title VII of the Civil Rights Act

b. violates the Age Discrimination in Employment Act.

Julio lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Julio applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer: a. might be engaged in disparate-harm discrimination. b. might have violated the Americans with Disabilities Act (ADA). c. might be engaged in disparate-impact discrimination. d. has almost certainly done nothing wrong.

c. might be engaged in disparate-impact discrimination.

Melissa works as a computer data-entry operator at VeraSign. Melissa informs VeraSign that she was just diagnosed with carpal tunnel syndrome, which causes pain in her wrists, rendering her unable to use a keyboard. Melissa requests as an accommodation that VeraSign hire a data-entry employee to enter the information on her behalf. VeraSign refuses to do so. VeraSign has: a. violated the ADA because it discriminated against an employee with a disability. b. violated the ADA because it failed to provide a reasonable accommodation. c. not violated the ADA because the requested accommodation is an undue hardship on the employer. d. not violated the ADA because modifying computer technology is not a covered protection.

c. not violated the ADA because the requested accommodation is an undue hardship on the employer.

Byron runs a business cleaning gutters. Lance, who is in a wheelchair, applies for a job working for Byron as a cleaner. Byron does not hire Lance and is very frank about the reason: Lance's disability. If Lance sues Byron, a. Byron will win if he can show that being able to climb a ladder is a requirement of the position. b. Byron will win because Lance is not qualified under the ADA. c. Lance will win because this is clearly disability discrimination. d. Lance will win because Byron does not have any possible defenses.

a. Byron will win if he can show that being able to climb a ladder is a requirement of the position.

Substance addiction is considered a disability under the ADA, but the act does not protect those who are using illegal drugs. a. True b. False

a. True

The ADA has a provision that requires protecting and keeping confidential the medical information of an employee. a. True b. False

a. True

One way for a plaintiff to prove disparate impact discrimination is: a. by comparing the employer's workforce to the pool of qualified individuals available in the local market. b. by comparing the employer's workforce to the pool of qualified individuals available in the national market. c. by comparing the employer's workforce to the pool of qualified individuals available in the global market.

a. by comparing the employer's workforce to the pool of qualified individuals available in the local market.

Carter University has an admissions policy that requires a certain number of points to be automatically awarded to minority applicants. This type of policy may violate the: a. equal protection clause. b. establishment clause. c. advancement clause. d. access to education clause.

a. equal protection clause.

Title VII originally required all employers to implement affirmative action programs if they had a record of discrimination. a. True b. False

b. False

Unlike Title VII, the ADA does not require the plaintiff to first file with the EEOC. a. True b. False

b. False

Workers with disabilities may be given modified health-insurance plans to reduce the expense to other employees. a. True b. False

b. False

Kurt is 52 years old and, until recently, worked for a company covered by the Age Discrimination in Employment Act (ADEA) of 1967. He wants to bring a claim of age discrimination against his employer because he was replaced by a younger, lower-paid worker. To make out a prima facie case of age discrimination, Kurt does not have to establish that he: a. was qualified for the job he lost. b. was replaced by someone who was below the age of 40. c. was discharged in a way that creates an inference of discrimination. d. is a member of the protected age group.

b. was replaced by someone who was below the age of 40.

Rheingold Supply has a seniority system by which employees who have worked the longest are first in line for promotions and last to be laid off. As a result, most of the senior managers at Rheingold Supply are men. If Jane files a claim of illegal discrimination, Rheingold Supply: a. will have a legitimate defense because gender is a bona fide occupational qualification for senior management. b. will have a legitimate defense because Rheingold Supply has a seniority system in place. c. will have a legitimate defense because retaining men in top management positions is a business necessity. d. will be in violation of Title VII of the Civil Rights Act.

b. will have a legitimate defense because Rheingold Supply has a seniority system in place.

James was a thirty-eight-year-old man in good health. One of his hands shook slightly for no apparent reason. The doctors could not find a medical cause for it. James's employer worried about the potential for early-onset Parkinson's disease or another neurological disorder, so he fired James. Under the ADA: a. James is not disabled and so cannot bring a claim. b. James must wait to get a diagnosis before he can bring a claim. c. James can bring a claim as being "regarded" as having a disability. d. James must show some record of the disability to bring a claim.

c. James can bring a claim as being "regarded" as having a disability.

Melanie and Beau both work in comparable jobs at Technology Impact, Inc. Melanie is paid 15 percent less than Beau. Which of the following is not a legitimate defense to this pay inequality? a. The company has a merit system in place, and Beau has performed better at his job than Melanie has at hers. b. The company has a seniority system, and Beau has been with the company longer than Melanie. c. The company pays Melanie less because she has a husband who is a highly successful businessperson. d. The company pays according to production, and Beau produces more.

c. The company pays Melanie less because she has a husband who is a highly successful businessperson.

Wally is blind and would like to work for Dairy Times writing articles on the dairy industry. Wally uses voice-recognition software that allows him to dictate articles to his computer. His computer is specially designed for visually impaired individuals. Dairy Times interviews Wally but offers the job to a sighted person instead. Dairy Times may have violated: a. the ADEA. b. 42 U.S.C. Section 1981. c. the ADA. d. the NRA.

c. the ADA.