chapter 19
All employers are covered under Title VII.
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The Ricci case held that the fear of litigation alone can justify an employer's reliance on race to discriminate against other qualified employees.
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The largest federal class action lawsuit in history has been filed against Wal-Mart for racial discrimination in management hiring.
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The only employers required to have affirmative action plans are government agencies.
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The statute of limitations for EEOA violations does not begin to run until the employee ends his or her employment.
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The statute of limitations on EEOA claims is four years.
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There is no right to a jury trial in age discrimination cases.
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Title VII discrimination provisions apply only to employers with 50 or more employees.
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Under Title VII, employers cannot use aptitude tests.
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Under the Pregnancy Discrimination Act, employers are not prohibited from requiring pregnant employees to stop employment at a certain time during the pregnancy.
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Title VII remedies include back pay and punitive damages.
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After race and sex discrimination complaints, the largest number of complaints filed with the EEOC are for religious discrimination.
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An affirmative action plan is invalid unless approved by a federal district court.
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An employee's religious beliefs regarding homosexuality are not protected under Title VII.
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Categories protected against discrimination under Title VII include race, color, sex and sexual orientation.
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Costco violated Title VII in Cloutier v. Costco by not giving a reasonable accommodation to one of its employees.
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Customer preference is a justification for discrimination on the basis of sex.
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Disparate impact cases require proof of the same elements as disparate treatment cases.
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Disparate treatment requires proof that there was a discriminatory reason for the employment decision.
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Quota programs are permissible under affirmative action.
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Seniority and merit systems are not subject to Title VII prohibitions.
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Seniority and merit systems are void under Title VII.
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Sex discrimination complaints are the most common type of employment discrimination complaints.
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Sexual harassment requires proof of physical contact.
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The Americans with Disabilities Act applies to all employers.
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The BFOQ defense to discrimination charges is very broad.
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The Family Medical and Leave Act applies only to women.
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The Family Medical and Leave Act applies to all employers.
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The Family Medical and Leave Act provides for a paid 12-week leave for family illness, birth, or adoption.
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The Family Medical and Leave Act provides twelve weeks of paid leave in certain circumstances.
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The Rehabilitation Act of 1973 applies to all employers.
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The Rehabilitation Act of 1973 applies to all employers. (REPEATED TERM)
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Which of the following is not a remedy in an EEOC action? a. injunction b. back pay c. punitive damages d. All of the above are remedies.
d. All of the above are remedies.
Which type of alleged discrimination typically has the highest number of complaints filed with the EEOC? a. Religious b. National origin c. Disabilities d. Race
d. Race
Which of the following employer policies would violate the Pregnancy Discrimination Act? a. requiring pregnant employees to leave the work force at seven months b. providing medical insurance benefits that cover all illnesses except pregnancy c. loss of seniority upon return from pregnancy leave d. all of the above
d. all of the above
Which of the following employers are obligated to undertake affirmative action? a. those employers who have been subject to a consent decree or court order for past charges b. colleges and universities that receive federal funds c. government contractors d. all of the above
d. all of the above
Under Title VII, employers who have had an incident of sexual harassment reported to them: a. are required to take some action to investigate the complaint. b. can be held liable in tort for their inaction. c. must take disciplinary action immediately. d. both a and b e. none of the above
d. both a and b
Which are not subject to Title VII? a. employers with at least 15 year-round workers b. labor unions with a hiring hall c. labor unions with 15 or more members d. employment agencies e. All of the above are subject to Title VII.
e. All of the above are subject to Title VII.
The Pregnancy Discrimination Act: a. prohibits employers from requiring pregnant women to take leaves. b. prohibits employers from cutting the pay of women who return to work after maternity leave. c. prohibits employers from basing a promotion decision on the basis of a pregnancy or planned pregnancy. d. does not apply to professionals. e. all of the above
e. all of the above
A disparate impact case: a. requires the same proof as a disparate treatment case. b. does not apply to promotions. c. requires proof of intent to discriminate. d. does not apply if a reasonable rule produces the disparate impact. e. none of the above
e. none of the above
Employee misconduct is a defense to discrimination charges even if the misconduct was not known at the time of the alleged discrimination.
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Labor unions are exempt from Title VII.
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Lying by an employee on an employment application is a complete defense to a later charge of discrimination by that employee.
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Only the hiring process is covered under Title VII.
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Title VII does not apply to U.S. corporations' operations in other countries.
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Title VII provisions do not apply to decisions on admitting employees as partners.
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The Family Medical and Leave Act: a. provides for twelve weeks of paid leave for family medical issues. b. applies only to birth or adoption issues. c. is an optional federal program. d. none of the above
d. none of the above
What is required to establish a prima facie case for disparate treatment? a. plaintiff must belong to a minority group b. plaintiff must have been qualified for the job c. a minority was not hired d. a and b only e. a, b, and c
d. a and b only
The prohibitions on sex discrimination apply only to: a. job hiring decisions. b. promotions. c. wage increases. d. a, b, and c e. none of the above
d. a, b, and c
The Age Discrimination Act: a. applies to employers with 20 or more employees. b. applies to employees who are 40 to 75 years old. c. is enforced by the EEOC. d. all of the above
d. all of the above
Title VII applies to decisions to: a. hire. b. promote. c. award merit raises. d. all of the above
d. all of the above
A bona fide occupational qualification is a defense to discrimination charges if: a. it can be established that customer preference is the basis for discrimination. b. the job can be established as too strenuous for women. c. it is customary for a woman to hold the job. d. none of the above
d. none of the above
Title VII is not applicable to: a. professional positions. b. merit pay systems. c. partnership decisions. d. none of the above
d. none of the above
Affirmative action programs are required under Title VII.
F
An employer rule prohibiting female employees from attending law school at night while allowing men to do so is an example of disparate treatment discrimination.
T
A suit against Wal-Mart alleges that only 14% of its store managers are women, but 70% of its hourly workers are women and 85-90% of its customer service managers are women. What will the plaintiffs need to establish that Wal-Mart has violated Title VII? a. That Wal-Mart has an adequate pool from which to draw female store managers. b. That Wal-Mart has engaged in disparate treatment. c. That the labor market is one-half female. d. all of the above
a. That Wal-Mart has an adequate pool from which to draw female store managers.
Janice Coleman is a team leader at Jackson Equipment. She has been promoted several times over the past five years and her performance evaluations are outstanding. One of the vice presidents at Jackson has been very friendly to Janice and has served as her mentor. He has also been asking her to go out with him for the past 2 years. She has declined and the vice president has recently suggested that she could be an area supervisor if he became her advocate with the management team. He has indicated he would be willing to do so if they began a personal relationship. Janice does not agree to the relationship and is promoted to area supervisor. Janice has filed a complaint of sexual harassment with the EEOC. a. Janice has no case because she has been promoted. b. Janice has a case for atmosphere of harassment. c. Janice's employer is not responsible for the unilateral acts of its employees. d. There is no discrimination in her promotion record. e. none of the above
b. Janice has a case for atmosphere of harassment.
An atmosphere of sexual harassment: a. is not a form of discrimination. b. can exist through language. c. requires proof of quid pro quo. d. none of the above
b. can exist through language.
In college and graduate school admissions, the use of race in evaluating applicants: a. is a violation of Title VII. b. is permitted if it is one of other factors. c. is permitted as part of a quota program. d. is permitted if there is advance disclosure of its use.
b. is permitted if it is one of other factors.
When is an employee entitled to a right-to-sue letter from the EEOC? a. when the EEOC concludes that there has been discrimination b. within 180 days from the time the employee filed a complaint c. within 180 days from the time the employee filed a complaint provided the EEOC finds that there has been discrimination d. only when the EEOC concludes it will not take the case any further e. none of the above
b. within 180 days from the time the employee filed a complaint
Which of the following would be a reasonable accommodation required by the Americans with Disabilities Act? a. flexible or part-time scheduling b. reassignment to a different job c. providing readers and interpreters d. all of the above
d. all of the above
Which of the following ads would violate Title VII? a. "Baptist minister needed. Must be Baptist." b. "Female LPN for personal care for elderly woman." c. "Waiters for four-star restaurant needed." d. All of the above violate Title VII.
c. "Waiters for four-star restaurant needed."
Under the Lilly Ledbetter Fair Pay Act, each new paycheck triggers a new ___ filing period. a. 45 day b. 90 day c. 180 day d. 360 day
c. 180 day
An admissions program can consider race as a factor in admissions: a. if there are separate admissions tracks for minorities. b. so long as it is given greater weight. c. if it is one of many factors. d. both a and b
d. both a and b
Which of the following remedies is not available in Title VII cases? a. injunction b. back pay c. punitive damages d. All of the above are available under Title VII.
d. All of the above are available under Title VII.
Which of the following would be an exception to preferential treatment? a. a BFOQ b. seniority or merit system c. misconduct d. All of the above are exceptions.
d. All of the above are exceptions.
Which of the following employers is required to have an affirmative action program? a. an employer under an EEOC consent decree to do so b. a federal government contractor c. state agency that receives federal funds d. All of the above would be required to have affirmative action programs.
d. All of the above would be required to have affirmative action programs.
Which of the following is not a remedy available under Title VII? a. back pay b. injunctions c. punitive damages d. affirmative action plans e. All of the above are remedies available under Title VII.
e. All of the above are remedies available under Title VII.
Reasonable accommodation is required of employers when employee's religious beliefs interfere with work schedules
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"Can you lift 20 pounds without use of that arm?" is a job interview question that violates the ADA.
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A right-to-sue letter is given after administrative remedies are exhausted.
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An admissions program that gives race 35% of the weight for admission violates Title VII.
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An atmosphere of harassment can result in employer liability even if the employer is unaware of specific claims.
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An insurance company that prohibits female employees from working as estimators, but not men has discriminated by disparate treatment.
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Employers are required to make reasonable accommodations for employees' religious beliefs and practices.
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Employers are vicariously liable for the sexual harassment of their employees.
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Federal agencies are exempt from Title VII.
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McDonnell Douglas v. Green was the U.S. Supreme Court case that established the elements of proof for a disparate treatment case.
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Pattern or practice of discrimination is discrimination against a group rather than a person.
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Quid pro quo is a form of sexual harassment.
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Religious discrimination is permitted by churches when they are inter-viewing for a pastor.
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Seniority systems can still be used under Title VII.
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Sexual orientation is not a protected class.
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State agencies are covered under Title VII.
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The ADA mandates employer expenses for reasonable accommodations for employees with disabilities.
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The ADA prohibits discrimination on the basis of disability against otherwise qualified applicants.
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The Age Discrimination Act protects those who are 40 to 75 years old.
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The EEOC is responsible for enforcement of Title VII.
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The Equal Employment Opportunity Act and the Pregnancy Discrimination Act are amendments to Title VII.
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The Equal Pay Act addressed only the issue of wage discrimination.
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The Lilly Ledbetter Fair Pay Act states that each paycheck triggers a new 180-day filing period to sue.
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The presence of sexually suggestive e-mails on an employer's e-mail system can be the basis of a claim for atmosphere of harassment.
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Under the Pregnancy Discrimination Act, a mother returning to work after maternity leave cannot be demoted.
T
Amanda Tucker, a black female, applied for a sales position in Ames Department Stores in Seattle. After completing her application, she was asked to take a math test and a general aptitude test. Amanda was not hired and later learned that Ames only administers the math and aptitude tests to minority applicants. Ames says that its experience demonstrates that minority candidates do not work out well as sales clerks unless they have a minimum score on these tests. Which of the following statements is true? a. Ames' testing policy is a violation of Title VII. b. Ames' testing policy is valid so long as it can substantiate the statements about the validity of the tests. c. Ames' testing policy is valid so long as the test is consistently given to minority applicants. d. none of the above
a. Ames' testing policy is a violation of Title VII.
Which of the following employers are not subject to Title VII? a. Congress b. defense contractors c. religious corporations when hiring clerical personnel d. None of the above is subject to Title VII.
a. Congress
The right-to-sue letter is: a. EEOC certification that administrative remedies have been exhausted. b. issued by state agencies to allow the EEOC to become involved. c. issued only if the EEOC agrees with the employee's charges. d. none of the above
a. EEOC certification that administrative remedies have been exhausted.
Which statute is not an amendment to Title VII? a. Equal Pay Act b. Equal Employment Opportunity Act c. Pregnancy Discrimination Act d. All of the above are amendments to Title VII.
a. Equal Pay Act
Religious discrimination is lawful if: a. a church is looking for a pastor. b. the person's religion prevented them from working a certain shift. c. the religious beliefs will interfere with effective work. d. none of the above
a. a church is looking for a pastor.
The Rehabilitation Act of 1973: a. applies only to employers receiving federal financial assistance. b. is enforced by the EEOC. c. does not apply to federal contractors. d. a, b, and c
a. applies only to employers receiving federal financial assistance.
Merit systems: a. are valid if applicable to all employees. b. were outlawed under Title VII. c. are valid if sanctioned by a union. d. none of the above
a. are valid if applicable to all employees.
The statute of limitations for an employee to file an EEOC complaint for sexual harassment is: a. 90 days. b. 180 days. c. two years. d. none of the above
b. 180 days.
Which of the following job interview questions would be a violation of Title VII? a. Why did you leave your previous employment? b. Do you have reliable child-care arrangements? c. Would you be able to travel two days per week? d. None of the above is a violation.
b. Do you have reliable child-care arrangements?
Aptitude tests: a. were outlawed under Title VII. b. are valid if related to job performance and do not result in a disparate impact. c. are per se discriminatory. d. none of the above
b. are valid if related to job performance and do not result in a disparate impact.
Which of the following questions would not be illegal under the ADA? a. "Do you have the use of both arms?" b. "Can you walk at all?" c. "Are you able to lift 50 pounds of mail?" d. All of the above would be acceptable.
c. "Are you able to lift 50 pounds of mail?"
Sprago, a fine restaurant, has hired only male waiters over the past ten years. Sprago's manager says male waiters look more professional and customers prefer male waiters to female waiters. A female who has applied for and been denied a waiter position at Sprago in spite of her qualifications would have: a. no cause of action since being male is a BFOQ. b. no cause of action unless females were denied other positions in the restaurant. c. a cause of action for sex discrimination under Title VII. d. none of the above
c. a cause of action for sex discrimination under Title VII.
Affirmative action programs: a. are permitted only when the employer has a past history of discrimination. b. must have quotas. c. can be mandated by the EEOC. d. none of the above
c. can be mandated by the EEOC.
Seniority systems: a. were outlawed under Title VII. b. are violations of the Age Discrimination Act. c. can be valid if they are not used to perpetuate past discrimination. d. none of the above
c. can be valid if they are not used to perpetuate past discrimination.
Which of the following is not a violation of the Pregnancy Discrimination Act? a. providing different sick leave benefits for pregnancy than for other medical ailments b. asking questions about family plans in an interview c. denying unemployment benefits to a woman who has taken maternity leave and then terminated employment d. refusing medical insurance benefits for pregnancy
c. denying unemployment benefits to a woman who has taken maternity leave and then terminated employment
Under Title VII, sexual harassment complaints require proof of: a. actual physical contact. b. involuntary sexual acts. c. either verbal or physical suggestions. d. none of the above
c. either verbal or physical suggestions.
Under Title VII, an atmosphere of harassment can exist: a. only if the employer has received complaints. b. only if acts of quid pro quo have occurred. c. if the employer should have known. d. none of the above
c. if the employer should have known.
The pattern or practice of discrimination cases: a. requires proof of intent to discriminate. b. places the burden of proof on the employer. c. often involves statistical comparisons of the general population and the employer's work force. d. none of the above
c. often involves statistical comparisons of the general population and the employer's work force.
In a disparate impact case, who has the burden of proof in establishing disparate impact? a. EEOC b. defendant c. plaintiff d. employer
c. plaintiff
The Americans with Disabilities Act: a. applies only to government contractors. b. applies to all employers. c. prohibits the use of tests that screen out handicapped workers. d. limits the impact of the Rehabilitation Act.
c. prohibits the use of tests that screen out handicapped workers.
Mary Hahn is an associate dean in the College of Engineering at a major state university. With the resignation of the dean, Mary is perceived as a logical choice for interim dean while a search for a permanent replacement is made. The university president tells Hahn that in spite of her experience and qualifications, he will not appoint her as interim dean. He states that the business community supporters would not be ready to work with a woman in that position and their financial support is critical to the college and the university. The president's actions: a. do not violate Title VII because Mary is in a professional position. b. do not violate Title VII because those outside the university are responsible for the decision. c. violate Title VII. d. none of the above
c. violate Title VII.