Legal and Social 19
it tests measured people's abstract abilities, not their qualifications for a specific job
In Griggs v. Duke Power, the Supreme Court ruled that Duke Power was violating Title VII because
can be relevant to demonstrate treatment when taken with other evidence
In Reid v. Google, Inc., the California Supreme Court held that stray remarks that indicate a discriminatory bias
but for the employer's desire to retaliate, the employer would not have taken harmful action
In a retaliation case, the plaintiff must demonstrate that
privacy safety authenticity
In which situations may an employer consider customer preference when implementing a bona fide occupational qualification? Select all that apply.
true
T/F A legitimate seniority system is legal even if it perpetuates past discrimination.
false
T/F A person with a disabling illness is not considered legally disabled if the illness is managed so well that it does not interfere with major life activities.
false
T/F A plaintiff may choose to bring a discrimination claim to the EEOC or to sue the employer directly.
true
T/F An accommodation for a disabled worker is unreasonable if it would create an undue hardship for the employer.
false
T/F Courts have consistently held that claiming to prefer lower-paid workers is only a pretext for preferring younger workers.
false
T/F Employers are not allowed to use a cost-benefit analysis to determine whether a reasonable accommodation can be made for a disabled employee.
true
T/F Employers now often require new hires to agree in advance to arbitrate, not litigate, any future employment claims.
true
T/F For Jespersen to have a successful Title VII claim in Jespersen v. Harrah's, she must establish that the Casino's new rules discriminate on the basis of sex, not attractiveness.
true
T/F The Pregnancy Discrimination Act protects a woman's right to terminate a pregnancy. a. True b. False
true
T/F The U.S. Supreme Court has held that gender must be irrelevant to employment decisions.
true
T/F Under certain circumstances, it is legal for employers to set a maximum age for employees.
employers with more than 20 employees employees aged 40 or older
The Age Discrimination in Employment Act applies to _________ and protects ________.
rehabilitation act of 1973 federal contractors receive federal funding Americans with disabilities act have 15 or more employees
The ________ prohibits discrimination on the basis of disability by the executive branch of the federal government, _____ and entities that ________. The __________ prohibits employers that ______ from discriminating on the basis of disability.
age
Under the ADEA, an employer can win a disparate impact case if it can show that the discriminatory decision was based on a reasonable factor other than
is considered disabled, even if the illness is under control.
Under the Americans with Disabilities Act, a person with a disabling illness
employers with 15 or more workers genetic testing family medical history hiring
Under the Genetic Information Nondiscrimination Act (GINA) ______ may not require ______ or use information about genetic makeup or ______ in ____, firing, or promoting employees
engaging in an interactive process to determine a reasonable accommodation
What Americans with Disabilities Act (ADA) requirement did CCC fail to comply with in Willoughby v. Conn. Container Corp.?
reinstatement or hiring punitive damages, in certain circumstances back pay and front pay
What types of remedies are available to a successful plaintiff in a discrimination suit? Select all that apply.
disparate impact hostile environment retaliation disparate treatment
Which of the following activities are prohibited under Title VII of the Civil Rights Act of 1964? Select all that apply.
The employer cannot use the information in a way that has disparate impact on a protected category if it is not relevant to the job. To use the background information freely, it must be relevant to whether the employee is appropriate for the job.
Which of the following are Equal Employment Opportunity Commission restrictions on the use of criminal history when making employment decisions? Select all that apply.
Verbal sexual conduct that interferes with an employee's ability to work Requests for sexual favors Unwelcome sexual advances Physical sexual conduct that interferes with an employee's ability to work
Which of the following are examples of conduct that constitutes sexual harassment? Select all that apply.
national origin color sex race religion
Which of the following are protected categories under Title VII of the Civil Rights Act of 1964? Select all that apply.
hiring, reinstatement, and back pay front pay, reasonable attorney fees compensatory and punitive damages
Which of the following are remedies available to a successful plaintiff under Title VII?
disparate impact disparate treatment hostile work environment
Which of the following are types of claims that an employee may bring under the Americans with Disability Act? Select all that apply.
Could you carry a 100-pound weight, as required by this job?
Which of the following questions could an interviewer safely ask a candidate in a job interview?
whether the applicant can perform the work what accommodation the applicant would need to demonstrate how she would perform the job
Which of the following questions may an interviewer ask a disabled job applicant? Select all that apply.
Sullivan Consumer Products Co. asks its employees to apply four tests in determining whether their behavior violates Title VII with respect to sexual harassment. Which of the following is one of the four tests?
Would you like your behavior reported in your local newspaper?
An employer would be expected to make reasonable accommodations for a disabled worker, such as
allowing a part-time schedule.
Which of the following is NOT an advantage to plaintiffs alleging racial discrimination and filing under the Civil Rights Act of 1866?
assistance in filing from the Equal Employment Opportunity Commission
unattractiveness
not a procteced category under title VII but is under some state laws
sexual orientation
not protected class under title VII or ant other federal statute but is in almost half of the states
prohibits state governments from violating an individual's rights to due process and equal protection
14th amendment
prohibits the federal government from depriving individual's of life liberty or property without due process of law
5th amendment
discriminatory job requirement that is legal in some situations if it is essential to the position
A bona fide occupational qualification is a
person favored most qualified test results related to the job description
A defendant is not liable if he shows that the ________ was the ______. Merit can be shown by education or ______, provided that are ______.
physical or mental a major life activity major bodily function is regarded as having
A disabled person is someone with a ________ impairment that substantially limits _______ or the operation of _______ or someone who _______ such an impairment
was designed with the intention to discriminate
A seniority system violates Title VII only if it
false
Congress first passed the Civil Rights Act in 1964.
make reasonable accommodation for a worker's religious practices unless the request would cause the business undue hardship
Employers cannot discriminate against a worker because of his religious beliefs and must
can perform the essential functions of the job with reasonable accommodation
Employers may not discriminate on the basis of disability so long as the worker
quid pro quo
Fill in the blanks with the words that best complete the statement: There are two categories of sexual harassment: 1. hostile work environment and 2. _____
sex religion national origin
For which protected categories are bona fide occupational qualifications allowed? Select all that apply.
prohibits racial discrimination in both private and public employment, but does not apply to the federal government
civil rights act of 1866
gender identity and expression
discrimination on the basis violates title VII and specific laws in about one-third of states
family responsibility
discrimination on this basis is prohibited under title VII if it involves men and women being treated differently and is prohibited by some state laws
equal pay act of 1963
prohibits paying a lesser rate to employee of the opposite sex for equal work
Which of the following would be a reasonable accommodation under the ADA?
providing part-time schedules to accommodate the disabled worker
Which statute prohibits discrimination on the basis of disability by the federal government, federal contractors, and all entities that receive federal funds?
the Rehabilitation Act of 1973
prohibits employers with 15 or more employees from discrimination on the basis of certain protected categories
title VII of the civil rights act of 1964