BUSI 4350 - Chapter 13
In 2013, a federal jury awarded which of the following against a North Carolina trucking company on behalf of two former Black truck drivers who were subjected to racial slurs and threats involving nooses?
$200,000 in compensatory and punitive damages
The Age Discrimination in Employment Act (ADEA) protects workers over the age of __________ and over.
40
The federal legislation that forbids discrimination in employment public accommodations, public services, transportation, and telecommunications for the disabled is the:
Americans with Disabilities Act
The __________ is the federal administrative agency that has the authority to issue regulations and guidelines as well as to receive, initiate, and investigate charges of discrimination against employers covered by federal antidiscrimination statutes such as Title VII.
EEOC
In 2018, the United States Bureau of Labor Statistics reported that the median weekly earnings of American women working full time in 2014 was which of the following percent of that earned by men?
Eighty-one (81)
Under the Americans with Disabilities Act (ADA), the term disability refers to which of the following?
Either a physical or a mental impairment that substantially limits one or more major life activities
Under its 2017 Strategic Enforcement Plan, the protection of vulnerable workers including which of the following is one of the Equal Employment Opportunity Commission's (EEOC's) central enforcement priorities?
Immigrants
From the late 1980s to the present, which of the following has challenged the legality and the wisdom of affirmative action, at least where the government is involved?
Increasing political skepticism
Identify a true statement about disparate impact discrimination.
It imposes a heavier burden on a protected class than on other employees.
Regarding sexual harassment, which of the following is correct regarding a hostile work environment?
It is created by offensive or abusive conduct such as sexual comments, pictures, and jokes.
Identify a true statement about job-related employee testing.
It must be uniformly applied regardless of an applicant's race, sex, or other protected categories.
Equal Employment Opportunity (EEO) laws are intended to support and sustain which of the following types of workplace?
More inclusive and more productive
The Fourteenth Amendment to the Constitution provides which of the following?
No individual shall be denied the right to life, liberty, or property by a state without due process of law
Under Title VII, which of the following is not an available remedy for unlawful sexual harassment in the workplace?
Personal liability
Which of the following laws extends Title VII's protection to American employees working abroad for a United States-based company or a foreign employer controlled by an American company?
The Civil Rights Act of 1991
Which of the following laws protects public sector workers with disabilities from employment discrimination?
The Rehabilitation Act of 1973
Identify a requirement that validates employee testing as a valid statutory defense against a disparate impact claim.
The employer must show that the test in question is job-related and is consistent with business necessity.
Under which of the following defenses would an employer not be required to comply with Title VII if doing so would violate the host country's law?
The foreign law defense
Which of the following is one of the elements the plaintiff must prove to establish a sexual harassment claim?
The harassing conduct resulted in a tangible employment action
Which of the following are elements the plaintiff must prove to establish a sexual harassment claim? (Check all that apply.)
The harassing conduct was because of sex The harassing conduct was unwelcome
Identify the requirements for a successful disparate impact claim. (Check all that apply.)
The plaintiff must prove that a protected class is suffering an adverse impact because of the employment practice or policy in question. The plaintiff must identify the specific employment practice or policy that caused the alleged disparate impact on a protected class.
An employer may not take adverse action, known as __________, against an employee because that employee is participating in a Title VII complaint or investigation.
retaliation
Job loss or demotion in the context of sexual harassment law is known as
tangible employment action.
An employer need not accommodate an employee's religious practice or belief if it creates a(n) __________ for the employer.
undue hardship
Why is seniority considered important in employment?
It often determines the details about who is laid off first and who gets promotions.
Which of the following is true of the Pregnancy Discrimination Act?
It prohibits an employer from forcing a pregnant employee to take time off or to quit due to pregnancy.
Regarding religious discrimination and harassment, which of the following is true of Title VII of the Civil Rights Act of 1964?
It requires employers to reasonably accommodate employees' religious beliefs.
In 2019, which of the following is correct regarding the unemployment rate for persons with disabilities compared to the unemployment rate for persons without disabilities?
It was approximately twice as high.
The Equal Employment Opportunity Commission (EEOC) will first refer the charging party and employer to which of the following?
Its free mediation program
The issue of whether racially charged workplace conduct rises to the level of unlawful harassment is which of the following?
A subject of conflict among federal courts
According to the Americans with Disabilities Act (ADA), which of the following constitute a reasonable accommodation to be made available by an employer? (Check all that apply.)
Job restructuring Structural changes in the workplace
Which of the following is not an integral part of a prima facie case of retaliation?
Proof of retaliation beyond reasonable doubt
An employer falling below the standard of the Four-Fifths Rule must do which of the following?
Prove the job-relatedness of the employment practice in question
A victim of employment discrimination is usually referred to as which of the following?
The charging party
Identify the requirements for a valid defense against a disparate impact claim concerning an employment policy. (Check all that apply.)
The defendant must demonstrate that the employment policy is job related. The defendant must prove that the policy is consistent with business necessity.
Which of the following is true of a defendant's case when a plaintiff builds a successful prima facie case?
The defendant must raise a legitimate issue of fact disputing the plaintiff's discrimination claim.
Regarding available remedies in Title VII and the Americans with Disabilities Act, combined compensatory and punitive damages are capped at which of the following, depending on the size of the employer's workforce?
$50,000 to $300,000
What is the cap range for compensatory and punitive damages an employer might have to pay under Title VII of the Civil Rights Act?
$50,000 to $300,000
The United States Congress applied Title VII of the Civil Rights Act of 1964 to labor unions with how many members?
15 or more
The Civil Rights Act of 1964 permits differences in wages and conditions of employment if the differences are the result of which of the following?
A bona fide seniority system
Identify an example of direct evidence of discrimination provided by an employee or an applicant making a claim of disparate treatment.
A company's job advertisement states that only men are welcome to apply for a particular job.
Often in intentional sex discrimination cases, the key inquiry involves which of the following (BFOQ) defenses provided by Title VII of the Civil Rights Act of 1964?
Bona fide occupational
Which of the following is a way of correcting past and present discriminatory wrongs in a more expeditious and thorough manner than a market might achieve on its own?
Affirmative action
Which of the following types of employment discrimination is not covered by Title VII of the Federal Civil Rights Act?
All of these are covered by Title VII.
Identify a true statement about the Pregnancy Discrimination Act (PDA).
An employer should not force a pregnant employee to quit.
Which of the following is correct regarding the Americans with Disabilities Act (ADA)?
An individual who does not have a disability may still be protected under the ADA.
Which of the following statements are true about Equal Employment Opportunity (EEO) laws?
As diversity grows in the United States, EEO laws may serve to support and sustain a more inclusive and, ultimately, more productive workplace. EEO laws protect all employees.
Which of the following does not provide incentives and remove impediments for employers to hire and retain employees with disabilities?
Automatic cost of living adjustments in the federal minimum wage
TPS Correctional Services, a firm that operates private prisons, posts a job advertisement to hire prison guards for one of its male detention facilities. In its job advertisement, the firm mentions that it seeks only male candidates for the job. In this scenario, the firm may apply which of the following defenses to any potential sex discrimination in employment claims?
Bona fide occupational qualification
As amended by the ADAAA, the ADA emphasizes that "disability" should be defined in what way?
Broadly in offering protection from employment discrimination
Which of the following pieces of legislation forbids discrimination in education, housing, public accommodations, and employment?
Civil Rights Act of 1964
According to Title VII of the Civil Rights Act of 1964, an employer need not accommodate an employee's religious practice or belief if does which of the following?
Creates an undue hardship on the workplace
Which of the following is not protected by the Americans with Disabilities Act (ADA)?
Current drug use
Which of the following types of discrimination does not require a showing of intent to discriminate?
Disparate impact
Which of the following types of claims may be brought under the Age Discrimination in Employment Act (ADEA)?
Disparate treatment, disparate impact, and harassment claims
Sex discrimination claims under Title VII may arise from which (if any) of the following?
Either disparate treatment or disparate impact
Identify a true statement about the Genetic Information Nondiscrimination Act (GINA).
Employers are not allowed to gather genetic information regarding an employee or his family members.
Which of the following is correct regarding accommodating individuals with disabilities?
Employers are not required to provide an accommodation that would create an undue hardship.
Identify the ways in which affirmative action efforts arise. (Check all that apply.)
Employers may voluntarily adopt affirmative action plans. Courts may order the implementation of affirmative action. Some statutes require affirmative action. Employers may adopt affirmative action in order to do business with government agencies.
Which of the following forbids discrimination on the basis of sex by paying wages to employees of one sex at a rate less than the rate paid to employees of the opposite sex for equal work on jobs requiring equal skill, effort, and responsibility and performed under similar working conditions?
Equal Pay Act
True or false: In a sports team, roughhousing or horseplay between teammates of the same sex normally constitutes same-sex harassment.
False
True or false: Procedurally, the first step in a lawsuit claiming employment discrimination is taken in a courthouse.
False
True or false: The United States Constitution protects citizens of the United States from discrimination via state government action but does not forbid discrimination by the federal government.
False
In its 2016 Enforcement Guidance, the Equal Employment Opportunity Commission (EEOC) noted that national origin discrimination may overlap with other forms of discrimination that Title VII protects against, such as religion and race. This is known as which of the following forms of discrimination?
Intersectional
If an investigation by the Equal Employment Opportunity Commission (EEOC) reveals that there is reasonable cause to believe discrimination has occurred, the EEOC will do which of the following?
Invite the parties to engage in conciliation to resolve the matter
Identify a true statement about the Civil Rights Act of 1866.
It did not prevent discriminatory practices in housing, education, business, and employment.
Which of the following is correct regarding Family Responsibilities Discrimination (FRD)?
It has achieved increased recognition in recent years.
Identify a true statement about the Equal Employment Opportunity Commission (EEOC).
It has the authority to initiate and investigate charges of discrimination against employers covered by federal anti-discrimination statutes.
Regarding sexual harassment, identify the requirements of a prima facie case of retaliation. (Check all that apply.)
Participation in a protected activity A causal connection between a protected activity and an adverse employment action An employment action disadvantaging the plaintiff
Identify a scenario in which the Americans with Disabilities Act (ADA) can be applied.
Patrick, a physically impaired engineering professional, is denied a job in a multinational IT firm because of his condition.
Which of the following are exempted from Title VII of the Civil Rights Act of 1964?
Private clubs
The United States Congress has expanded the available remedies in Title VII and the Americans with Disabilities Act to include compensatory damages, as well as which of the following?
Punitive damages in some cases
An employer who seeks to comply with the Equal Pay Act can adjust the wage structure of employees performing equal work by doing which of the following?
Raising the pay of the disfavored sex
In intentional sex discrimination cases, the bona fide occupational qualification (BFOQ) defense is applicable to which of the following situations?
Specific inherent characteristics are required for the job
Regarding sexual harassment, quid pro quo sexual harassment involves which of the following?
Soliciting sexual favors in exchange for keeping one's job
Which of the following is at the heart of sex discrimination litigation generally and does not support a bona fide occupational qualification (BFOQ) defense?
Stereotyping
According to the 2016 Equal Employment Opportunity Commission (EEOC) guidelines, an "English-only" rule at certain times is permissible if justified by which of the following?
Substantial business reasons
Which of the following legislation protects individuals who are 40 years and older from employment discrimination based on their age?
The Age Discrimination in Employment Act
Which of the following legislation protects individuals with disabilities from discrimination in employment, public accommodations, public services, transportation, and telecommunications?
The Americans with Disabilities Act
Which of the following legislation was enacted in the Reconstruction Era to eliminate discrimination on the basis of race in employment, which was essentially a contractual relationship?
The Civil Rights Act of 1866
Which of the following laws protects United States citizens working abroad for American-owned or American-controlled companies from discrimination under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990, unless such protection would require the employer to violate the laws of its host nation?
The Civil Rights Act of 1991
Identify the law that directly forbids discrimination on the basis of sex by paying lower wages to employees of one sex than what is paid to employees of the opposite sex for equal work on jobs requiring equal skill, effort, and responsibility and performed under similar working conditions.
The Equal Pay Act of 1963
An employment practice will be presumed to create a disparate impact if the selection rate for any protected class is less than 80 percent of the selection rate for the group with the highest selection rate. This is known as which of the following?
The Four-Fifths Rule
Which of the following legislation prohibits employers from discriminating against employees based on access to genetic information?
The Genetic Information Nondiscrimination Act
Which of the following laws requires that pregnant employees be treated the same as all other employees with temporary disabilities?
The Pregnancy Discrimination Act
Regarding disparate treatment discrimination, identify the ingredients of a plaintiff's prima facie case. (Check all that apply.)
The plaintiff proving that he or she belongs to a protected class The plaintiff proving that he or she is qualified for but was denied the job The plaintiff proving that the position remained open and that the employer continued to seek applicants
Identify the factors that will be used to evaluate the legality of an affirmative action plan in employment cases. (Check all that apply.)
The plan is temporary. The plan addresses a compelling interest such as remedying past or present discrimination. The plan is narrowly tailored to minimize layoffs and other burdens.
Identify the valid motivations that must be shown by plaintiffs in same-sex harassment cases. (Check all that apply.)
The victim's failure to conform to sexual stereotypes Sexual desire
Sex discrimination claims constituted approximately what percent of the charges filed with the Equal Employment Opportunity Commission (EEOC) from 1997 to 2019?
Thirty (30)
Which of the following types of affirmative action plans are unconstitutional? (Check all that apply.)
Those in which quotas are involved Those justified exclusively by "societal discrimination"
Which of the following movements has brought attention to issues of gender inequality in the workplace?
Time's Up
FRD claims may be based on existing statutes such as which of the following?
Title VII of the Civil Rights Act
Which of the following is the core of Equal Employment Opportunity (EEO) laws in the United States?
Title VII of the Civil Rights Act of 1964
Employers argue that "English only" rules are necessary for all but which of the following?
To promote an exclusive corporate culture
True or false: From the late 1980s to the present, a series of judicial decisions has challenged the legality of affirmative action, at least where the government is involved?
True
True or false: If an employer incorrectly assumes that an applicant has a disability and then takes discriminatory action on that basis, the employer has violated the Americans with Disabilities Act (ADA).
True
True or false: State fair employment practice agencies may serve the same function as the Equal Employment Opportunity Commission (EEOC) in enforcing discrimination laws.
True
In which of the following cases did the United States Supreme Court, in 1979, set out perhaps its most detailed "recipe" for those qualities that would allow a voluntary affirmative action plan in the private sector to withstand scrutiny?
United Steelworkers of America v. Weber
In Johnson v. Transportation Agency, the United States Supreme Court approved the extension of affirmative action to which of the following?
Women
Disparate impact, or unintentional discrimination, is also known as
adverse impact.
A means for remedying past and present discriminatory wrongs in the workplace is known as
affirmative action.
According to Title VII of the 1964 Civil Rights Act, claims arising from unintentional discrimination where an employment practice seems neutral but adversely affects a particular group under a protected category more than it affects other groups are known as which of the following types of claims?
disparate impact
An employee provides the recording of a company president's remark that women are not competent enough to do a particular job. This is an example of _____ evidence of discrimination.
direct
According to Title VII of the 1964 Civil Rights Act, an intentional act of discrimination by an employer who has purposefully treated an employee less favorably because of his or her race, color, religion, gender, or national origin is addressed by which of the following types of claims?
disparate treatment
In the context of employment discrimination, the Equal Employment Opportunity Commission
retains its right to sue on behalf of an employee even if the worker has signed away his or her own rights.