Chapter 2, 3, 4

How many days does an employee have to file a discrimination claim with a state 706 agency?

300 days

Marion Zhu, a U.S. citizen of Asian origin, is a social worker in particular school district in North Carolina. She was denied a promotion to the Supervisor II (social worker) position although she has good scores on the social workers' promotion examination. A white social worker who scored lower on the exam is promoted instead. The district's Human Resources Department refuses to hear her appeal. Marion is convinced that she was not promoted because she is Asian. Marion can bring a discrimination claim under:

42 U.S.C. Section 1983

If an employee does not agree with the EEOC's notice that it found no reasonable cause for the complaint, the employee has:

90 days after he receives a right-to-sue letter from the EEOC to sue his employer in federal court.

If the Equal Employment Opportunity Commission (EEOC) concludes that a workplace discrimination claim does not violate Title VII of the Civil Rights Act of 1964, the employee has no right to pursue the matter further in any court. True False

False

In a disparate treatment case, the plaintiff must be able to demonstrate that the employer had an "evil" intent to discriminate. True False

False

Under the American with Disabilities Act, which individuals are considered to have disabilities?

Individuals who have completed a rehabilitation program and have a disability from prior use.

What does it mean if a court dismisses a motion for summary judgment?

It means that it has determined that there is a need for the case to proceed to trial.

Calvert City's police officers need to pass a test as a part of their performance evaluation to get promoted. It was recently discovered that female officers taking the test scored significantly lower than male officers. Thus, the number of female officers being promoted was much lower than the number of male officers being promoted. If it was not evident that the test was the cause for the bias, the city's decision would cause:

disparate impact discrimination against female officers

The Civil Rights Act of 1964 prohibits:

discrimination in employment, education, and public accommodations.

Catherine, a non-U.S. citizen, was employed with Blue Mica Inc. in its London office. Blue Mica Inc. is a Delaware-based corporation with its principal place of business in New York. Catherine was recently laid off, and she believes she was a victim of gender discrimination. In this scenario, Catherine:

has no recourse because she is a non-U.S. citizen who was not working in the United States when she was laid off.

Rhoda was hired as a jeweler's apprentice. She was told that during her first six months of employment she would not be eligible for any incentive pay. Upon her successful completion of the six-month period, Rhoda is to receive a 10% increase in pay, two weeks of paid vacation and will become eligible for incentive pay under the same terms and conditions as other employees. Rhoda's first six months were excellent, with Rhoda performing well above the minimum standards required. However, at the end of the six months, Rhoda did not receive the 10% increase in pay, was not eligible for incentive pay, and received only 3 days of vacation. Rhoda may have a cause of action against her employer for:

intentional (or at least negligent) misrepresentation.

In Equal Employment Opportunity Commission v. Consolidated Service System, the defendant was a janitorial firm owned by a Korean immigrant and staffed mostly with Korean immigrants. The court disagreed with the Equal Employment Opportunity Commission (EEOC) and found that the defendant's use of word-of-mouth recruiting did not cause:

intentional discrimination

If the parties involved in an employment discrimination case choose not to mediate the charge or if the mediation is not successful, the Equal Employment Opportunity Commission (EEOC):

investigates the complaint by talking with the parties and other witnesses.

Lia files an employment discrimination case against her employer. She can also file a retaliation claim if she:

is demoted to a lower-level job after filing the discrimination case.

For an eligibility test to be legally validated as an effective gauge of performance, an employer must show that the test:

is job related and consistent with business necessity

Ralph is the defendant in a lawsuit filed by Henry. Ralph's attorney does not believe that there are any triable issues of fact to be decided. Ralph's attorney will most likely file a:

motion for summary judgment.

After a discrimination charge, if both parties agree to mediation:

the charge must be mediated within 60 days for in-house mediation.

In order to prove a retaliatory discharge claim, an employee must show that:

the employee must show all of the above in order to prove a retaliatory discharge claim.

If an employee files a claim with the EEOC when there is a 706 agency in the jurisdiction, the EEOC:

will send the complaint to the 706 agency and not move on the claim for 60 days.

The American legal system is based on stare decisis, a system of using legal precedent. True False

True

At the federal level, a trial court is called a:

U.S. District Court

Some strategies an employer might use to check an applicant's references and avoid potential liability for negligent hiring include all of the following except _____. A: Contact the local police department for information on the applicant's arrest record. B: Contact the reference by phone, e-mail or in person and request a general statement about whether the information provided by the applicant is correct. C: Undertake independent checks on credit status, military service, driving record, etc. D: Ask the reference specific questions about the candidate's abilities and qualifications.

A: Contact the local police department for information on the applicant's arrest record.

Which of the following is a difference between filing a discrimination case under 42 U.S.C. section 1981 and Title VII of the Civil Rights Act of 1964? A: Employees bringing claims under Title VII of the Civil Right Act of 1964 do not have to pay an attorney where as those filing under section 1981 do. B: The statute of limitations under section 1981 is shorter than under Title VII. C: The damages that employees can claim under Title VII are unlimited, unlike those under section 1981 that have caps. D: Employees do not have to offer evidence against their employees when they file their claim under Title VII, whereas employees bringing claims under section 1981 must produce evidence.

A: Employees bringing claims under Title VII of the Civil Right Act of 1964 do not have to pay an attorney where as those filing under section 1981 do.

All but which of the following are criteria necessary for an employee to prevail on a constructive discharge claim? A: Intentional discrimination existed. B: The employer deliberately made working conditions intolerable. C: Harassment existed. D: Aggravating factors justified the employee's conclusion that she or he had no option but to end her or his employment.

A: Intentional discrimination existed.

A court can only hear a discrimination case under Title VII under which of the following circumstances? A: The EEOC has disposed of the case and the federal court handles the case as if were an entirely new case. B: The EEOC has disposed of the case and the federal court considers the EEOC's prior determination. C: The parties have refused mediation. D: The federal court can hear the case before the EEOC.

A: The EEOC has disposed of the case and the federal court handles the case as if were an entirely new case.

Tyler, an employee at All Needs, is up for a promotion. The store manager, Jeff, asks Tyler to take a polygraph test. All employees being considered for promotion are requested to take the test because they will be handling more expensive merchandise. Tyler refuses. Tyler is denied the promotion solely because he refused to take the polygraph test. Which of the following holds true in this scenario? A: Tyler has a cause of action against All Needs because his refusal to take the polygraph test cannot be used as a basis for denial of promotion. B: Tyler does not have a cause of action against All Needs because refusal to take the polygraph test is valid grounds for refusal to promote. C: Tyler does not have a cause of action against All Needs because he is an at-will employee and can be denied promotion for any reason. D: Tyler has a cause of action against All Needs only if he agrees to take the polygraph test and passes it.

A: Tyler has a cause of action against All Needs because his refusal to take the polygraph test cannot be used as a basis for denial of promotion.

The Drug-Free Workplace Act of 1988 applies which of the following? A: Private-sector employers B: Federal employers C: Both private-sector employers and federal employers D: Independent contractors

B: Federal employers

Which of the following is true of Title VII of the Civil Rights Act of 1964? A: It does not regulate the recruitment process if an employer uses an employment agency. B: It requires an employer to design employment announcements that will encourage a diverse group of people to apply. C: It encourages an employer to use word-of-mouth recruiting to ensure that a heterogeneous workplace is created. D: It cannot regulate the recruitment process if an employer promotes employees from within the organization.

B: It requires an employer to design employment announcements that will encourage a diverse group of people to apply.

Jonas was employed by Barker Apparel as a sewing machine repairman in one of the company's manufacturing plants. He, along with 500 other employees, was given written notice that the plant will be permanently shut down in 60 days. In the context of Worker Adjustment and Retraining Notification (WARN) Act, which of the following statements is true? A: Jonas can file a retaliation claim against the employers. B: Jonas has no recourse because the employer complied with the Worker Adjustment and Retraining Notification Act (WARN). C: Jonas can recover pay and benefits for the next 60 days because the employer did not give 90 days' advanced notice of the plant closing. D: Jonas can file an employment discrimination claim against the employers.

B: Jonas has no recourse because the employer complied with the Worker Adjustment and Retraining Notification Act (WARN).

All of the following are acceptable questions in an employment interview except: A: Have you ever used another name? B: What is your native language? C: Can you lift a box weighing 50 lbs? D: Are you available to travel approximately 25% of the time?

B: What is your native language?

Information found on social media that might influence an employer to hire a candidate includes all of the following except: A: candidate is well-rounded, with a wide range of interests. B: posts include suggestive or questionable photos. C: evidence of good communication skills. D: applicant's personality seems a good fit.

B: posts include suggestive or questionable photos.

The Civil Rights Act of 1991 added to Title VII of the Civil Rights Act:

Both jury trials at the request of either party when compensatory and punitive damages are sought and unlimited medical expenses are correct.

Which employees who are subject to discipline have a right to request that a coworker be present as a witness during an investigatory interview?

Both union and non-union employees

Which of the following best relates to the employment-at-will doctrine? A: An employer is free to discriminate against employees based on their gender, race, religion, or national origin. B: Highly paid skilled workers in building and construction trades can pass their jobs on to a family member when they retire. C: An employer can terminate an employee for any reason as long as the reason is not prohibited by law. D: A government employee usually loses his or her constitutional rights when on the job.

C: An employer can terminate an employee for any reason as long as the reason is not prohibited by law.

Which of the following is not true of the Jim Crow laws? A: They led to complete segregation in all aspects of life - from birth to death. B: Jim Crow laws were practiced virtually everywhere in the United States. C: Jim Crow laws remain on the books today in many jurisdictions. D: Penalties for violation of Jim Crow laws were enforced through law and ironclad social custom.

C: Jim Crow laws remain on the books today in many jurisdictions.

Justin was employed as an auto mechanic with Madison & Sons Auto Shop. Mr. Madison employed 20 mechanics in each of his facilities in Denver, Colorado. Justin was the only African-American mechanic and had been employed by Mr. Madison for approximately nine years. He applied for a promotion to chief mechanic on four separate occasions and each time, the promotion was given to a white male with less seniority and less experience. After being denied the promotion for the fifth time, Justin filed a discrimination claim with the Equal Employment Opportunity Commission (EEOC). Justin's employment was terminated by Mr. Madison after the EEOC contacted Mr. Madison concerning the claim. Which of the following will hold true in this scenario? A: Mr. Madison cannot be held liable because Title VII of the Civil Rights Act of 1964 covers only employers with more than 50 employees. B: Mr. Madison can use the bona fide occupational qualification (BFOQ) defense to protect himself against Justin's discrimination claim. C: Mr. Madison may be found liable for violation of the antidiscrimination and the antiretaliation provisions under the Civil Rights Act of 1964. D: Mr. Madison cannot be held liable because Justin is an at-will employee.

C: Mr. Madison may be found liable for violation of the antidiscrimination and the antiretaliation provisions under the Civil Rights Act of 1964.

As part of its hiring process, TE Electronics requires new employees to sign an agreement that requires arbitration in the event of any employment dispute. Jack applied and was hired by TE last summer. On his first day of employment, Jack signed the mandatory arbitration agreement. Jack is an Asian-Americanand was recently passed over for promotion. Jack wants to file a charge of discrimination with the EEOC, but his supervisor says he cannot because of the arbitration agreement. Which of the following is true? A: Jack can file a claim with the EEOC since Title VII does not permit enforcement of the mandatory arbitration agreement. B: The EEOC can still investigate the matter and take action against TE Electronics, but cannot obtain relief for Jack. C: The EEOC is not a party to the mandatory arbitration agreement, so it can investigate the claim and can even pursue specific relief for Jack including back pay, reinstatement, and damages. D: With the mandatory arbitration agreement in place, the EEOC cannot do any investigation of Jack's claim.

C: The EEOC is not a party to the mandatory arbitration agreement, so it can investigate the claim and can even pursue specific relief for Jack including back pay, reinstatement, and damages.

"Just cause" in discipline is determined by exploring all but which of the following? A: Whether the employee has received due process. B: Whether there is adequate evidence. C: Whether the employee was given a standardized and articulated set of chances to improve behavior. D: Whether the penalty chosen was appropriate.

C: Whether the employee was given a standardized and articulated set of chances to improve behavior.

Which of the following cannot form a basis for an employer to use a bona fide occupational qualification defense (BFOQ) to defend employment discrimination claims under the Civil Rights Act of 1964? A: National origin B: Color C: Gender D: Religion

Color

During the interview process, questions about which of the following should be considered off-limits because they create vulnerabilities for the employers? A: An applicant's marital status and religion only B: An applicant's religion and national origin only C: An applicant's national origin and marital status only D: An applicant's marital status, national origin, and religion

D: An applicant's marital status, national origin, and religion

An employer may ask about an employee's HIV all but which of the following circumstances? A: An employee's positive HIV status would pose a direct threat to health or safety in the workplace or knowledge of the employee's status is vital for the workplace. B: The inquiry is conducted after the employment offer. C: All employees in the same job category are asked to submit to the same medical exams. D: An employer fears coworker reactions to a new hire's positive HIV status.

D: An employer fears coworker reactions to a new hire's positive HIV status.

Jim Crow laws: A: required racial desegregation and were passed after the Brown v. Topeka Board of Education case. B: required racial desegregation and were passed before the Brown v. Topeka Board of Education case. C: required racial segregation and were enforced, to a large extent, peacefully. D: required racial segregation and were enforced, to a large extent, through terror and violence.

D: required racial segregation and were enforced, to a large extent, through terror and violence.

When evaluating applicants for a job, an employer should do which of the following? A: verify academic credentials. B: review the applicant's resume for conflicting or overlapping dates. C: avoid the somewhat lengthy process of checking references since no one provides a "bad" reference. D: verify academic credentials and review the applicant's resume for conflicting or overlapping dates.

D: verify academic credentials and review the applicant's resume for conflicting or overlapping dates.

Marc, an African-American, is a chemical engineer with a graduate degree from a reputable university. He applied for the position of an industrial chemist at Verono Company. Although he was qualified for the job and performed well in the job interview, he was not offered the position. Marc saw the job advertised again in the newspaper two weeks after he was rejected. Which of the following holds true in this scenario? A: Marc does not have a cause of action as stare decisis cannot be applied for such cases. B: Marc can offer evidence to satisfy the elements of a prima facie case of disparate treatment. C: Marc can seek remedy under the bona fide occupational qualification defense. D: Marc is not eligible to file a discrimination claim under Title VII of the Civil Rights Act of 1964.

Marc can offer evidence to satisfy the elements of a prima facie case of disparate treatment.

Defamation by an employer may exist in situations where the employer:

Negligently or intentionally communicates false statements to a third party without the employee's consent.

Angus, a recent university graduate of Scottish descent, was refused employment at Barlen Inc. because he failed to achieve a high enough score on a valid, reliable skills test. Believing that he has been the victim of employment discrimination, Angus sues Barlen Inc. He asks the court to order Barlen Inc. to use different cutoff scores for all Scottish-descent test-takers, claiming that no one of Scottish descent had ever achieved a satisfactory score. In this scenario, can the court grant the relief Angus seeks?

No, because the Civil Rights Act of 1991 makes it an unfair employment practice for an employer to use different cutoff scores in an employment-related test on the basis of a protected trait.

The moving force for enactment of Title VII of the Civil Rights Act of 1964 was:

Racial Discrimination

When does the employment relationship usually begin?

Recruitment

Maker Goods Inc. has a published workplace policy. It reads "Promotions to the level of supervisor and higher are limited to individuals with at least a bachelor's degree from an accredited college or university." Which of the following is true of this policy?

This is a facially neutral employment policy.

A district court must follow the decision of a circuit court of appeals in a neighboring jurisdiction. True False

True

Sam filed a discrimination case against his employer with the Equal Employment Opportunity Commission (EEOC). The EEOC sent a notice of the charge to Sam's employer. If the parties refuse mediation, which of the following is most likely to be the immediate next step in the process of bringing a discrimination claim with the EEOC? A: The EEOC will investigate the claim. B: The EEOC will issue a right-to-sue letter to Sam C: Both Sam and his employer will have to offer evidence to the federal district court as soon as the notice of charge is issued. D: The EEOC will defer the claim for 60 days.

The EEOC will investigate the claim.

The U.S. Supreme Court general hears appeals from which court?

The circuit courts

A person who appealed a legal case to the court of appeals is known as the:

appellant

If an employee in an Equal Employment Opportunity Commission (EEOC) case is successful, the employer will be liable for:

back pay of up to two years before filing of the charge with the EEOC

The local hardware store is looking for a qualified person to fill a stock clerk position. A criterion for selection is that the person should be able to lift 100 pounds, the weight of the bags of cement that must be unloaded daily. If a group of female applicants challenges this policy as being discriminatory against females who typically cannot lift as much as males, the company could defend the lifting requirement as a:

business necessity

Hannah was fired by Friendly Catering Company (FCC) without a valid reason. The company's employee handbook stated that employees would only be terminated for good cause. Hannah's job position was later filled by her former supervisor's niece. In this scenario, Hannah:

can file a wrongful discharge lawsuit against FCC even though she is an at-will employee.

Ivan studied voice, opera, and Jewish liturgical music at the Southern Baptist Theological Seminary. After he graduated, he applied for a job as a cantor to lead prayer services at the Nashville Downtown Synagogue. The synagogue refused to consider him for the job because he is not Jewish. If Ivan files an employment discrimination claim against the Nashville Downtown Synagogue, the synagogue can:

defend itself using the ministerial exception to Title VII of the Civil Rights Act of 1964.

Under the Americans with Disabilities Act of 1990, employers are strictly prohibited from asking job applicants with disabilities about:

past experience with workers' compensation and specific health inquiries.

Title VII of the Civil Rights Act of 1964 prohibits discrimination in education, employment, public accommodations, and receipt of federal funds on the basis of:

race, color, gender, religion, and national origin

An effective method to minimize the possibility that the former employer of a prospective employee will refuse to provide a reference on the grounds that a reference can give rise to defamation liability is to:

require all prospective employees to sign a statement that releases his or her former employers from liability for offering references.