Employment law Chapter 3

A claim for retaliation can be brought only by the person who was retaliated against. T or F

False

In a disparate impact case, the focus is on the employer's intention. T or F

False

Sam and Sarah, husband and wife, both worked for an aluminum siding firm, doing similar work in production. Their co-worker, Ahmed, who was a Muslim, was systematically harassed by their supervisor, who called him a terrorist, denied him the right to pray, and generally made his life at work very difficult. Sarah spoke up on his behalf, and the supervisor demoted Sam, her husband. Which of the following statements is most correct?​

Sam has a cause of action against the employer for retaliation

​Three employees working for the same company were found to have stolen company cargo. Two of the employees were white, and one was black. The two white employees were fired, but not the black employee. If the white employees sue, the court will most likely decide:

for the employee, because the employer treated him differently based on his race

An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work. The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination?

Yes, because the practice was a form of disparate impact

Which of the following is true regarding discrimination?

discrimination has become more subtle and difficult to eliminate in recent years

Regarding cases alleging disparate treatment and pretext, it is correct to say:

evidence in a pretext case can be direct or circumstantial

For a disparate treatment case involving pretext, which is the correct order of proof?

plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent

Which is the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case?

proof that the employer's stated reason for its action is false or incredible

Protected activity in a retaliation claim under Title VII includes:

testifying in court about another employee's discrimination case

Which of the following must be shown in order to establish a prima facie case of retaliation?

that the employee lost an employment opportunity shortly after engaging in a protected activity

The key element in disparate treatment is discriminatory intent. In this context, that means that:

the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee

In disparate treatment cases:

the focus is on proving the employer's discriminatory intent

In disparate impact cases:

the focus is on showing the discriminatory effects of the employer's actions

A firm had been sued and found guilty of religious discrimination against people who practiced Judaism, and managers were instructed to be very careful to avoid another similar suit. To that end, Jewish employees, but not others, were given raises. Of the following, what is the most correct assessment of this policy?

the policy is neither legally or ethically sound