Ch 3
The risks to employers from sexual harassment claims is great, as plaintiffs may claim up to _____________ in compensatory damages, ask for punitive damages, and request jury trials. $50,000 $500,000 $300,000 $150,000
$300,000
Which of the following is not a claim in a prima facie case for a hostile work environment? The conduct is sufficiently severe or pervasive to create an abusive working environment The employer does not know the actions are unwelcome Unwelcome conduct towards the victim occurred The objectionable conduct is based upon gender
The employer does not know the actions are unwelcome
Unlike Title VII, an EPA claim does not require a complaint to the ________ prior to bringing a lawsuit against an employer. NLRB PDA NLRA EEOC
EEOC
Employers may not use gender as the basis for pay considerations on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. What protects this? PDA GPD CRA EPA
EPA
Once the prima facie case of gender plus discrimination has been established, the burden of production shifts to the: Co-workers of the employee Courts Employer Employee
Employer
Notwithstanding the protections of Title VII, much progress remains to be made as women continue to trail men in: The number graduating with masters degrees and doctorates Employment compensation and opportunity Job Stress The numbers voting on important legislation
Employment compensation and opportunity
(T/F) When the harassment is gender-based, no sexual harassment claim is available.
False
What is the meaning of Quid Pro Quo? At any cost Something for something Always and forever Whatever you prefer
Something for something
_________________ refers to the law providing that the 180-day filing period begins to run on the date of any of three events: 1) the adoption of a discriminatory practice or decision; 2) the application of the discriminatory practice or decision to the employee; and, most significantly, 3) each time wages, benefits, or compensation is paid under the practice or decision. Lilly Ledbetter Fair Pay Act Equal Pay Act Civil Right Act Pregnancy Discrimination Act
Lilly Ledbetter Fair Pay Act
Title VII prohibits gender discrimination in all aspects of the employment process including: Hiring Promotion Transfers All of the above
All of the above
Which of the following is considered an example of hostile working environment sexual harassment? An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee's work performance An environment with sensory overload (loud noise, extreme temperatures, etc) When an employee is asked to perform sexual favors in exchange for increased pay When an employee has been asked to leave because he/she is being gender discriminatory
An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee's work performance
If a claimant provoked or engaged in offensive behavior at work, courts have held that: A. If the victim has provoked the bad conduct, he or she will be prevented from making a claim of sexual harassment B. A victim's sexual history or behavior is immaterial to a sexual harassment claim. C. The severity of the violation is the only thing that can be a deciding factor Both A and B
Both A and B
The term sexual harassment applies to: Gender harassment Sexual harassment Both gender harassment and sexual harassment Both sexual harassment and sexual discrimination
Both gender harassment and sexual harassment
At its most basic level, sexual harassment is harassment directed at an employee because of his or her: Gender Likes and dislikes Personality Affinity orientation
Gender
When an employer classifies employees on the basis of gender, plus another characteristic, this is known as: Gender discrimination Gender Plus discrimination Fetal protection discrimination Pregnancy discrimination
Gender Plus discrimination
Which of the following is not a way an employee claiming gender plus discrimination can discredit an employer's pretext? Weaknesses Contradictions Consistencies Implausibilities
Consistencies
Which of the following could be considered severe or pervasive enough to create a hostile work environment? Excessive profanity Offensive touching Disseminating pornography All of the above
All of the above
Some argue that disparity requires remedy and that pay should be equal for employees doing different jobs, but which are of: Incomparable worth Comparable worth Incomparable demand Comparable demand
Comparable worth
Which of the following is an example of gender plus discrimination? An employer treats an employee different because he is a a man An employer treats a member of their team differently because he/she is overweight An employer treats an employee differently because she is a woman An employer treats an employee different because he/she has young children at home, assuming he/she will have less time to devote to work
An employer treats an employee different because he/she has young children at home, assuming he/she will have less time to devote to work
If the employer produces a legitimate business reason for the job action, under the _________________ formula, the burden shifts back to the employee to demonstrate that the employer's proffered reason is pretextual. McDonnell Douglas Hopkins Price Waterhouse Anderson Cooper
McDonnell Douglas
What is the seminal case for hostile environment sexual harassment? Meritor Savings Bank, FSB v. Vinson Jesperson v. Harrah's Operating Co McDonnell Douglas Price Waterhouse v. Hopkins
Meritor Savings Bank, FSB v. Vinson
What is Quid Pro Quo sexual harassment? Sexual harassment where the harasser has equal authority to the harassee When a lower employee blackmails upper management with sexual harassment When a third party not involved with the organization is doing the harassing Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status
Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status
The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following? Similarly situated workers of the same gender, with small children, are treated more favorably They have small children They are qualified for the job They suffer an adverse employment action
Similarly situated workers of the same gender, with small children, are treated more favorably
In a case where gender, but not sexual motive is involved, the harassment is more appropriately named Sexual harassment Gender harassment Anti-female animus Gender Discrimination
Gender harassment
Which of the following is always involved in a case of sexual harassment? Sexual behavior Gender harassment Sexual motive Request for sexual favor
Gender harassment
How has the Supreme Court defined a supervisor? Any person the employee directly reports to Anyone within a higher ranking position and receiving greater compensation A managing employee who has power to take tangible employment actions against the victim The ability to exercise significant direction over another's daily work
A managing employee who has power to take tangible employment actions against the victim
Which of the following is not an element of a prima facie case for gender discrimination? The employee suffers some adverse employment action A person of the same gender received favorable employment action or the employer continues to look for applicants for the position. The employee is qualified for the position The employee is the protected class
A person of the same gender received favorable employment action or the employer continues to look for applicants for the position.
What was the court's ruling in the Meritor case regarding the claimant's past sexual history? If the victim has provoked the bad conduct, she will be prevented from making a claim of sexual harassment. A victim's sexual history or behavior is immaterial to a sexual harassment claim If there is not a voluntary sexual history, the claim may be brought before the court if both parties will agree upon the details of the occurrence If there is a voluntary sexual history, the claim cannot be brought before the court
A victim's sexual history or behavior is immaterial to a sexual harassment claim
To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that two employees of the opposite gender are: Working in the same place Doing equal work - sufficient commonality of tasks and responsibilities Receiving different and unequal pay All of the above
All of the above
Health insurance provided by the employer must include pregnancy-related conditions at the same cost as other medical conditions. What can be excluded? Natural births Health insurance for adopted children Elective abortions Cancer check ups
Elective abortions
Employers can defend themselves by proving that 1) the employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement; and 2) the plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities that the employer provided. What is this tactic called? Ellerth/Faragher affirmative defense The unbreakable defense The Harris/Burns defense The burden of proof defense
Ellerth/Faragher affirmative defense
(T/F) An aggressive sexual advance is made by a male boss to a female subordinate and rejected. Later the female employee receives a raise. There is no colorable claim of quid pro quo sexual harassment because the "victim" did not suffer a tangible job action.
False
In a hostile work environment sexual harassment claim, the affected employee alleges that he/she: Has been asked to perform sexual favors in exchange for increased pay Has been asked to perform sexual favors in exchange for rank advancement Has been put in an intimidating, hostile, or offensive working environment that unreasonably interferes with his/her work performance Has been asked to leave because he/she is being gender discriminatory
Has been put in an intimidating, hostile, or offensive working environment that unreasonably interferes with his/her work performance
Pregnancy health coverage must be __________ of marital status. Reliant Independent Dependent Given on the bases
Independent
Workers who are opposing discriminatory practices under the PDA, filing a discrimination charge, testifying, or participating in an investigation, proceeding, or litigation under Title VII: May not be retaliated against for opposing discriminatory employer practices Can be terminated if the charges are dropped by the court May be retaliated against if the best interest of the business is in mind May not be permitted to work with the employer anymore
May not be retaliated against for opposing discriminatory employer practices
A federal judge found that forcing female, but not male, employees working in a casino to wear makeup was: Not a violation of Title VII Not a violation of NLRA A violation of NLRA A violation of Title VII
Not a violation of Title VII
A year before the passage of Title VII, the Equal Pay Act (EPA) was enacted to require almost all employers to: Pay people of different color equally for the same work Pay people of different religions equally for the same work Pay women and men equally for the same work Pay people of different races equally for the same work
Pay women and men equally for the same work
Gender plus discrimination may also involve age, as in hiring younger women over older women as child care workers or receptionists. In this case, age is the: Only discriminating factor Main point of discrimination Main factor and gender is the plus Plus factor
Plus factor
The __________ prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. Title VII Civil Rights Act Anti-gender discrimination Act Pregnancy Discrimination Act
Pregnancy Discrimination Act
Which of the following is an important case addressing grooming and dress in gender discrimination? Green v. Super Plus inc Griggs v. Burk Power Price Waterhouse v. Hopkins Anderson v. United Airlines
Price Waterhouse v. Hopkins
Employees on leave for pregnancy-related issues must be treated the same as other workers on leave. Which of the following is not an example of this? Promotions to management Pay increases Vacation time calculations Accrual of seniority
Promotions to management
Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status is known as ________ sexual harassment. Premeditated Hostile environment Quid pro quo Authoritarian
Quid pro quo
An employer may be held liable for the actions of others which result in the creation of: Quid pro quo and hostile work environment sexual harassment Employee disclosure forms that protect the employer from being sued Corporate lawyers to protect employers Yellow dog contracts
Quid pro quo and hostile work environment sexual harassment
Unwelcome conduct is that which is not solicited by the employee and which a ________________ would regard as offensive or unwanted. Reasonable person Human resources professional Harassment lawyer Employer
Reasonable person
Before the final passage of the Civil Rights Act of 1964, Virginia Democrat, Senator Howard W. Smith, inserted into the language of the legislation defining the class of persons protected under the anti-discrimination provisions of Title VII the word: National origin Religion Race Sex
Sex
A male nurse who is regularly berated by coworkers for doing a "woman's job" or a female employee who is continually mocked for not being "tough enough" to handle a traditionally male job, like driving a truck or negotiating with a union, are examples of: Gender discrimination Sexual harassment Discrimination Harassment
Sexual harassment
Title VII contains no language prohibiting "harassment" or "____________," but courts have recognized the claim because harassment is equivalent to discrimination in its employment opportunity limiting effects. Discrimination Sexual harassment Racism Hazing
Sexual harassment
The Supreme Court has held that an employer is strictly liable for harassment by a supervisor if the harassing behavior culminates in a(n) ___________ employment action such as a termination or demotion. Tangible Negative Actual Unreasonable
Tangible
While the facts of such cases are always subject to personal interpretation, is it often more clear when quid pro quo sexual harassment occurs because there is traceable __________ action. Illegal Harassment Discrimination Tangible Job
Tangible Job
The possible employment outcomes used as part of the exchange in sexual harassment are called: Unequal employment actions Tangible job actions Intangible job actions Post harassment actions
Tangible job actions
Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees. What is the stipulation to this rule? The application must be fair and reasonable The application must be enforced for five years prior and five years following Must be signed off by two district judges The application must be accepted by the entire company
The application must be fair and reasonable
What is the purpose of the Pregnancy Discrimination Act? To prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical conditions To prevent pregnant people from discriminating against other people To prevent pregnant individuals in the workplace from receiving special treatment To ensure that if a man has a pregnant spouse, he can receive the same treatment as though he himself was pregnant
To prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical conditions
Which of the following is not a significant tangible job action to show harassment? Demotion Alteration in pay Transfer to another job with the same pay, benefits, duties, and opportunity Termination
Transfer to another job with the same pay, benefits, duties, and opportunity
In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid liability for supervisor harassment by proving affirmatively that: The employee's claim did not seem urgent enough to warrant further investigation The employee in question is not favored among employees and was not taken seriously The employer did not have the resources to solve the issue The employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement
The employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement
When a supervisor, within the scope of his or her employment, engages in sexual harassment: The employee and claimant must solve the problem outside of the employer's intervention The claimant employee is responsible for holding them accountable The employee performing the sexual harassment is the only one accountable The employer must answer for the bad behavior
The employer must answer for the bad behavior
If an employee's ability to perform the essential functions of a job is temporarily disrupted by pregnancy, employers must treat an employee: The same as they would any other female employee As if he/she is unable to perform any kind of job function The same as any other temporarily disabled worker The same as they would treat any employee not fulfilling his/her duties
The same as any other temporarily disabled worker
(T/F) The Lilly Ledbetter Fair Pay Act also expanded the list of persons aggrieved by the discriminatory pay practice or decision to include family members and children of deceased workers.
True
To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that ____________ employees of the opposite gender are: 1) working in the same place; 2) doing equal work - sufficient commonality of tasks and responsibilities; and 3) receiving different and unequal pay. Two Three or more One or more One
Two
Why did the Civil rights act of 1964 add the word sex just before signing it into law? There existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII Women protested against the idea of being seen as a protected class The general public already believed men and women are equal, so there was not much of a need to add sex to the act Many people in congress did not want women to gain power
There existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII
What is gender plus discrimination? When people make fun of overweight individuals of the opposite sex When an employee is discriminated against based on grooming and clothing When an employer classifies employees on the basis of gender, plus another characteristic When a person is solely discriminated against based on gender
When an employer classifies employees on the basis of gender, plus another characteristic
