Chapter 16 Finance

The Americans with Disabilities Act was passed in:

1990

If a claim of discrimination is not clear because there is some evidence of discrimination but also evidence of poor job performance, then the case is referred to as:

A mixed motive case (not: a disparate impact case)

Which of the following situations is most likely to have violated Title VII:

A woman is not hired at an auto parts store because women know nothing about auto parts

A deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members is called:

Affirmative Action

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:

Age discrimination laws since "young" is probably not over the age of 40

Under the Disabilities Act, employers are required to make reasonable accommodations. This could include:

All of the other choices

Which of the following would not be likely to be a violation of the Americans with Disabilities Act, because it goes beyond the scope of the legislation?

All of the other choices are likely to be violations or Refusing to hire a job applicant because an assembly line for automobiles cannot accommodate workers in wheelchairs

Which is not an officially recognized racial group under Title VII:

All of the other choices are recognized or Arabs

Sexual harassment legally does not include:

All of the other specific choices may be illegal

The possible remedies that an injured party may sue for under Title VII include:

All of the specific choices

Which of the following employment measures is (are) allowed as a part of an affirmative action program?

All of the specific choices are allowed

Remedies for victims of unlawful discriminatory employment practices cannot include:

All of the specific choices are possible

Under the Age Discrimination in Employment Act employers:

Are prohibited from discriminating in employment against persons only over 40

Which of the following questions would not violate the Americans with Disability Act to ask of a job applicant:

Are you capable of doing the rigors demanded of this job?

Many employers monitor the e-mail their employees send and receive at work. The courts have held that this practice is legal:

Because e-mails are being transmitted on company time and property

Lucy is the only woman in the police department. Some co-workers make insulting comments about her looks; they display pornographic materials in the offices; and harass her while she is working. After putting up with this for a year, Lucy quit in disgust. She may sue under Title VII based on:

Constructive discharge (not: disparate treatment)

In relation to the term "sex discrimination:"

Courts have played a major role in defining the term (not: Congress carefully defined the term in the Title VII)

Fred and Vinny work at Leo's Used Car Lot. Fred dislikes Vinny, makes insults about Vinny's Iranian heritage, and treats him badly. Leo has heard the insults but does not reprimand Fred because Leo thinks Fred is right. Leo's actions are:

Discriminatory under Title VII

Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal:

Disparate Treatment

To select an employee from a group of applicants, employers may not use a selection criteria that results in:

Disparate treatment or disparate impact or perpetuation of past patterns of discrimination

Suppose a newly hired utility repairman has a fear of heights that means he cannot climb ladders or telephone poles to do repairs. This condition of his:

Does not qualify as a disability, so he could be fired

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:

EEOC issues a "right-to-sue" letter giving the employee the right to sue the employer

An affirmative action program is an effort by:

Employers to remedy discriminatory employment practices that produced imbalanced workforces

The first federal law that specifically addressed equal employment issues was the:

Equal Pay Act of 1963

The Office of Federal Contract Compliance Programs (OFCCP), which monitors the affirmative action programs of federal contractors, was established in response to:

Executive Order 11246

Title VII applies to employers with:

Fifteen or more workers (not: any number of workers)

A company with 30 employees has no personnel department. Several male employees pester several female employees, including making sexual gestures, comments, and, at times, grabbing them. Telling the men to stop does not change behavior. Several women quit and file a complaint against the employer for sexual harassment. It is likely that the women will:

Have a case because there was a persistent hostile environment that was not corrected

Historically, the common law permitted employers to:

Hire and fire which ever workers they wished

A labor union had once been whites only but is now integrated. Its membership rules used to state that to obtain employment through the union you had to be related to or recommended by a union member. Such a rule would now be:

Illegal because it would perpetuate past intentional discrimination

A black and a white employee committed the same offense. The black employee was disciplined but not fired, the white employee was fired. The Supreme Court held that this treatment was:

Improper reverse discrimination, which violates Title VII (not: proper if the employer had an affirmative action program to favor black employees)

In bringing a suit charging an employer with a violation of Title VII, the courts recognize what as the theory of the law?

Individual instances of disparate treatment or unintentional discrimination and neutral rules that have a disparate impact and are not justified by business necessity and neutral rules that perpetuate past discrimination

The Pregnancy Discrimination Act, a part of Title VII, does not provide protection for which pregnancy condition?

Insurance benefits and childbirth and related medical conditions (not: insurance benefits)

Disparate treatment (under Title VII) refers to:

Intentional discrimination and illegally motivated employment decision (not: intentional discrimination)

Title VII applies to regular private employers; which of the following does it not apply to

It applies to all of the other specific choices

Title VII applies to regular private employers; which of the following does it not apply to?

It applies to all of the other specific choices

In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are:

Less protective of women and minorities (not: non-existent)

A male model claims that his income is lower than it would be because of the domination of women in the modeling industry. He is capable of modeling women's clothing and sues the modeling agency for sex discrimination for not hiring him. The court is likely to find that he:

Loses because of bona fide occupational qualification (not: wins because of disparate treatment)

An employer may legally provide differential treatment to its employees based on:

Merit, seniority or business necessity

Title VII restricts discrimination based on:

National Origin

Discrimination based on national origin does not generally apply to:

Non-U.S. citizens employed in the U.S.

Which group is not generally protected by Title VII against discrimination in employment:

Non-citizens seeking employment in the U.S.

Charles owns a club whose patrons are mostly African-American. He hires only African-Americans to serve drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue that the reason he denied Li the job is because being African-American is a bona fide occupational qualification, a court would find that Charles:

None of the other choices

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:

None of the other choices

Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by:

None of the other choices

A plaintiff claims age discrimination. At trial there is a split in the testimony. The plaintiff and a couple other workers give evidence of discrimination. The defendant has employees who testify that there was no discrimination; the plaintiff was incompetent. In such instances:

None of the other choices (not: Title VII requires "clear and convincing" evidence for plaintiff to win

Because of past racial discrimination, senior employees at a plant are all white. The junior workers are racially mixed. A reduction in business forces the firm to fire half its workers. To protect the racial composition of the workers, the company will layoff white older workers. This policy is likely to be viewed by the courts as:

None of the other choices (not: an illegal violation of a bona fide occupational qualification)

Surveys show that people may prefer to deal with members of their own race. A company assigns white salespersons to white clients, and Hispanic salespersons to Hispanic clients. This makes revenues to all the salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are:

None of the other choices (not: legal if a majority of the salespersons of all races have approved the market division)

A county adopted a flexible affirmative action program with no specific quotas, but with the purpose of getting more women in certain positions in which there were no women. To accomplish its goal, the County hired a qualified woman instead of a man who had scored higher on a valid aptitude test. The man sued arguing the program was discriminatory. The Supreme Court held that this action was:

None of the other choices (not: legal if the country could demonstrate that the woman was better qualified than the man)

The Age Discrimination in Employment Act holds it illegal to discriminate in employment against

Persons aged 40 and over

Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be?

Picking nurses on the basis of race in hospitals that have mostly black or white patients (not: all of the specific choices would be illegal)

If, at a trial for employment discrimination, the employer offers a job-relevant 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:

Pretext (not: disparate)

Age Discrimination in Employment Act:

Prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees (not: prohibits discrimination against persons over age 40)

Quid pro quo sexual harassment refers to:

Promising a promotion in exchange for sex

Where there is a promise of a reward, such as promotion or pay raise, for providing sexual favors being demanded is called:

Quid pro quo

Which of the following is a condition not considered a disability under the ADA:

Sexual behavior disorders

Which is not a protected class under Title VII:

Sexual orientation or Political affiliation

Title VII prohibits discrimination in employment based on sex. This does not include:

Sexual preferences or sexual identity or martial status

Which of the following are examples of illegal discrimination under the Pregnancy Discrimination Act?

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

As a rule, when testing of job applicants employers should do which of the following to be within the bounds of the law:

Test for ability to perform a certain job

If a plaintiff establishes a prima facie case of employer discrimination, what happens?

The burden of proof shifts to the employer or The defendant must offer non-discriminatory reasons for the actions involved

If a person sues their employer under Title VII based on disparate treatment, they must show:

The employer intentionally discriminated (not: both that the employer is strictly liable for its acts and that the employer intentionally discriminated)

A person protected by Title VII applies for a job and is rejected. To prove a prima facie case of discrimination which of the following points need not be established?

The person remained unemployed (not: the person applied for a job and met the qualifications)

An employee joins a religion that requires members to keep a chicken by their side all morning and then cut-off the chicken's head at noon and suck the blood. The employer tells the employee that he may not do this at work. The employee claims he has the right to do this as a religious belief, so the employer fires him. If sued for discrimination, the court will likely rule that:

This behavior imposes undue hardship on the employer so need not be tolerated (not: these religious beliefs are valid and so they must be allowed)

In general, to require job applicants to pass an aptitude tests is:

Valid if shown to be an accurate predictor of ability to do the job

A trucking company has employees who load 100-pound sacks on trucks. Of those who apply for the jobs, one man in three can lift 100-pound sacks, but only one woman in fifty. As a result, all 40 employees are men. In sex discrimination suit, the most likely result will be that the company will:

Win because there is a business necessity that produces the all male workforce (not: lose because physical tests for hiring are illegal)

A woman has a difficult time with her pregnancy. She uses up all her leave time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer must give her additional time off:

Without pay under the Family and Medical Leave Act (not: with pay, by extending her sick time and leave time, as required by law)

If an employer is sued for age discrimination, which of the following defenses are not open to that employer?

Younger workers are cheaper to employ than older workers (not: sex is a bona fide occupational qualification)