Business Law Chapter 30
There are four types of illegal activity under the Civil Rights Act of 1964. Which choice lists these four? a. disparate treatment, disparate impact, hostile environment, and retaliation b. disparate employment, unfair promotions, hostile environment, and unfair firing c. false reports, retaliation, prima facie discrimination, sexual harassment d. religious disparaging, racial profiling, sexual harassment, unfair promotions
a. disparate treatment, disparate impact, hostile environment, and retaliation
Which of the following can never be a bona fide occupational qualification? a. race b. religion c. sex d. None of these are correct.
a. race
Laura intends to file a Title VII lawsuit against her employer. Which of the following is true? a. Laura is required to first submit her claim to the Equal Employment Opportunity Commission. b. Laura must first submit her claim to a state civil rights commission before she may proceed with her lawsuit. c. If the EEOC determines Laura has no case against her employer, she may not file a lawsuit. d. Laura may initiate a lawsuit or file with the EEOC as she so elects.
a. Laura is required to first submit her claim to the Equal Employment Opportunity Commission.
Which Supreme Court case had the most influence on the passage of the Civil Rights Act of 1964? a. Plessy v. Ferguson b. Brown v. Board of Education c. Roe v. Wade d. Griggs v. Duke Power
b. Brown v. Board of Education
Which of the following questions could an interviewer safely ask a candidate in a job interview? a. "Are you a United States citizen?" b. "When did you graduate from college?" c. "Could you carry a 100-pound weight, as required by this job?" d. "Are you married?"
c. "Could you carry a 100-pound weight, as required by this job?"
Which of the following is TRUE in cases based on claims of disparate treatment? a. The plaintiff must prove that the defendant intentionally discriminated. b. The defendant must have made a disparaging remark about the plaintiff. c. The defendant must prove that the plaintiff is not qualified for the position. d. The plaintiff must prove that they were discriminated against because of their education level.
a. The plaintiff must prove that the defendant intentionally discriminated
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 a. age. b. sex. c. race. d. national origin.
a. age
Lamont is an African-American male. His employer tends to give him low-level tasks at work because he does not believe African-Americans are as skilled as other ethnic groups. Under Title VII, Lamont's employer is engaging in which illegal activity? a. disparate treatment b. retaliation c. family responsibility discrimination d. reverse discrimination
a. disparate treatment
Alice works for a large advertising agency where she is hoping to be promoted to a management position. Alice's mother and two sisters all died of breast cancer at a young age. Alice's employer knows this and will not put Alice in a management position because he fears that she will also develop cancer. This decision is allowed because it is in the best interest of the company. a. True b. False
False
As part of the hiring process, it is legal for employers to use any personal information potential employees post on social media. a. True b. False
False
Brian is a police officer. He just turned 54 years old and is worried that he will be forced to retire next year when he turns 55. The Age Discrimination in Employment Act will protect him if his employer tries to force him to retire early. a. True b. False
False
Employers may consider arrest records because that is not evidence of wrongdoing. a. True b. False
False
Heather applied for a promotion, but her manager promoted a coworker because the manager knew Heather was seven months pregnant. The manager did not want to promote someone who would probably be taking time off of work for childbirth and childcare. The manager has acted legally and reasonably to protect her company's interests. a. True b. False
False
In order to be considered sexual harassment, the questionable behavior must be directed at a coworker of the opposite gender. a. True b. False
False
Quid pro quo sexual harassment cases involve coworkers making offensive jokes or rude comments or displaying pornographic materials, but not sexual offers or requests. a. True b. False
False
Race may be a bona fide occupational qualification (BFOQ) when the employee will be working with children of a different race .a. True b. False
False
Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees, making it illegal to discriminate on the basis of race, color, religion, sex, or national origin. a. True b. False
False
Disparate impact applies if the employer has a rule that on its face is not discriminatory, but in practice excludes too many people in a protected group and the rule is not a job-related business necessity. a. True b. False
True
Generally speaking, an employer does not have to give workers a day off on their religious Sabbath if doing so would cause an undue hardship for the employer. a. True b. False
True
In order to be considered sexual harassment, behavior must be so severe that it interferes with an employee's ability to work. a. True b. False
True
Retaliation means that an employer has done something that would deter a reasonable worker from complaining about discrimination. a. True b. False
True
The Civil Rights Act of 1866 offers plaintiffs the possibility of higher compensatory and punitive damage awards than plaintiffs who file under the Civil Rights Act of 1964. a. True b. False
True
The EEOC is the federal agency responsible for enforcing Title VII. a. True b. False
True
Under the Equal Pay Act of 1963, an employee may not be paid at a lesser rate than employees of the opposite sex for tasks requiring equal skill, effort, and responsibility under similar working conditions. a. True b. False
True
Under the Americans with Disabilities Act, a person with a disabling illness a. is not considered disabled once the illness is being managed with medicines. b. is not considered disabled unless there is no known cure. c. is considered disabled, but only at times when hospitalization is required for treatment. d. is considered disabled, even if the illness is under control
d. is considered disabled, even if the illness is under control
Which federal law protects Americans from being treated unfairly because of differences in their DNA that may affect their health? a. Title VII of the Civil Rights Act b. the Pregnancy Discrimination Act c. the Americans with Disabilities Act d. the Genetic Information Nondiscrimination Act
d. the genetic information nondiscrimination act
Which of the following would be a reasonable accommodation under the ADA? a. modifying a job description and job duties to accommodate the disabled worker b. assigning a shadow employee to work with the disabled worker c. providing part-time schedules to accommodate the disabled worker d. creating a new job that the disabled worker can perform
C. providing part-time schedules to accommodate the disabled worker
Which of the following is TRUE about affirmative action? a. Affirmative action is required by Title VII. b. Affirmative action is prohibited by Title VII. c. Affirmative action is allowed in government contracts if it can show the programs are needed to overcome specific past discrimination. d. Affirmative action programs are usually voluntary on the part of employers, since courts have no power to order remedies for past discrimination.
c. Affirmative action is allowed in government contracts if it can show the programs are needed to overcome specific past discrimination.
Alfred has been working for Canyon, Inc. for 12 years, with regular positive performance reviews and promotions. Roger has only been working for Canyon for 3 years. Alfred also has more management qualifications. Yet when a management position is open, Alfred's supervisor advises that Alfred should NOT be promoted to that position. His reason is that he has recently learned that Alfred regularly attends a Narcotics Anonymous support group. Although Alfred has been clean for 16 years, there is fear that he could relapse. What is true? a. Canyon is allowed to make past drug abuse a barrier to management positions. b. Although Canyon's behavior is unethical, it is not prohibited. c. Canyon's behavior is prohibited by the Americans with Disabilities Act. d. Canyon's behavior is not prohibited by the Americans with Disabilities Act, but it is prohibited by Title VII of the Civil Rights Act.
c. Canyon's behavior is prohibited by the Americans with Disabilities Act.
Which of the following statements is TRUE regarding immigration under Title VII? a. An interviewer cannot ask an applicant if they are authorized to work in the United States. b. Once hired, a person must show three forms of evidence proving they are authorized to work in the United States. c. It is illegal for employers to discriminate against non-citizens because "national origin" is a protected category. d. Once hired, employers must turn I-9 records over to the immigration office.
c. It is illegal for employers to discriminate against non-citizens because "national origin" is a protected category.
Which of the following is NOT an advantage to plaintiffs alleging racial discrimination and filing under the Civil Rights Act of 1866?a. a four-year statute of limitations b. unlimited compensatory and punitive damages c. assistance in filing from the Equal Employment Opportunity Commission d. applicability to all employees, not just those with 15 or more employees
c. assistance in filing from the Equal Employment Opportunity Commission
Mark was refused employment at a Christian bookstore because he was not a "born-again Christian." If Mark brings a Title VII action against the bookstore, the bookstore's best defense would be a. it did not discriminate against a protected category. b. Title VII doesn't apply to private businesses. c. being a "born-again Christian" is a bona fide occupational qualification. d. it could not reasonably accommodate Mark.
c. being a "born-again Christian" is a bona fide occupational qualification.
Under which circumstances would the EEOC consider obesity to be a disability? a. only if it has an underlying physiological cause b. only if the individual is morbidly obese c. if it has an underlying physiological cause and/or if the individual is morbidly obese d. being overweight is not considered a disability under any circumstances
c. if it has an underlying physiological cause and/or if the individual is morbidly obese
Madeline—a White woman—applied for a job as an attendant in a men's bathroom at a fancy hotel. The hotel refused to hire her. A court would be likely to rule in favor of the hotel on the basis of which BFOQ? a. authenticity b. merit c. privacy d. reverse discrimination
c. privacy
Which statute prohibits discrimination on the basis of disability by the federal government, federal contractors, and all entities that receive federal funds? a. the Civil Rights Act of 1866 b. the Equal Pay Act of 1963 c. the Rehabilitation Act of 1973 d. the Family and Medical Leave Act of 1993
c. the Rehabilitation Act of 1973
An employer may be liable for an employee's sexual harassment if a. the supervisor scheduled the plaintiff and defendant to work together. b. the defendant showed signs of being distraught over the harassment. c. the plaintiff suffered a "tangible employment action" such as firing or demotion. d. All of these are correct.
c. the plaintiff suffered a "tangible employment action" such as firing or demotion.
Which of the following are remedies available to a successful plaintiff under Title VII? a. hiring, reinstatement, and back pay b. hiring, reinstatement, and back pay c. compensatory and punitive damages d. All of these are correct.
d. All of these are correct
orning 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? a. Would your friends be impressed with your behavior? b. Do you think your behavior is humorous? c. Would your behavior help you to get a promotion? d. Would you like your behavior reported in your local newspaper?
d. Would you like your behavior reported in your local newspaper?
The Age Discrimination in Employment Act protects persons a. between 30 and 65 years of age. b. age 70 and older. c. between 45 and 70 years of age. d. age 40 and older.
d. age 40 and older
An employer would be expected to make reasonable accommodations for a disabled worker, such as a. creating a new job that the worker can do. b. adapting the work environment for all employees so the disabled worker doesn't feel segregated or stigmatized. c. providing transportation to and from the worker's home. d. allowing a part-time schedule.
d. allowing a part-time schedule