Employment Law - Exam 4
A religious organization will generally be exempt from the prohibitions of religious discrimination in Title VII (of the Civil Rights Act of 1964): A) even in instances where the employment is in an area of purely nonsectarian activities. B) unless it is a purely secular organization. C) except in instances where the organization is involved in activities aimed at raising funds. D) if it is relieved of such obligations by the Equal Employment Opportunity Commission (EEOC).
A) even in instances where the employment is in an area of purely nonsectarian activities.
Adam has a mild intellectual disability and a mild form of attention deficit hyperactivity disorder (ADHD). Though other tasks seem difficult to perform, gardening helps Adam relax and focus, so he trained to be a professional gardener during his college days. He applies for a position as a gardener at the Silver Cloud Hotel. He tells the interviewer that despite his impairment, he has been able to work as a gardener in private gardens and estates, and they never have had any issues with his work. However, the interviewer does not hire him, fearing that his disability might affect others' work. Which of the following holds true in this scenario? A) Adam has a valid discrimination claim because even mild impairments can substantially restrict a major life activity and may constitute a disability under the Americans with Disabilities Act. B) Adam will have a valid discrimination claim under the Americans with Disabilities Act only if he can show that his impairment is substantially limiting by proving that he has been suffering from it for more than six months. C) Adam does not have a discrimination claim because mental impairments are not covered under the Americans with Disabilities Act. D) Adam does not have a discrimination claim because only severe impairments are covered under the Americans with Disabilities Act.
A) Adam has a valid discrimination claim because even mild impairments can substantially restrict a major life activity and may constitute a disability under the Americans with Disabilities Act.
Anders is a customer service representative at FlyOurWay Airlines. He confided in one of his co-workers that he tested positive for HIV, but the co-worker spread the news around the office. Soon, several of Anders's co-workers ostracized him and refused to work with him. He was also constantly subjected to verbal abuse by his co-workers. Anders reported these incidents to his supervisor, and his supervisor fired him. Which of the following holds true in this case? A) Anders has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyOurWay took an adverse employment action by firing him. B) Anders does not have a discrimination claim based on hostile work environment under the Americans with Disabilities Act because his disability is not outwardly evident. C) Anders has a claim for hostile work environment harassment under the Americans with Disabilities Act because he did not request any accommodations from his employer. D) Anders does not have a claim for hostile work environment harassment under the Americans with Disabilities Act because the act does not cover employees working for private employers.
A) Anders has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyOurWay took an adverse employment action by firing him.
Cara has been a customer service associate at Dalton Department Store for 10 years. Her role involves providing assistance to customers in the store. She converts to Islam and reports to work wearing a hijab, which is a full-body cloak with a small mesh-like screen to see through. Her employer tells her that wearing a hijab violates the company's dress code for her job profile and asks her to change her attire. Cara refuses to oblige. Her employer, after much deliberation, informs her that she can continue to work in the customer service department and provide assistance over the telephone—a role that requires no face-to-face interaction with a customer. This role change is offered to her without any reduction in pay or other benefits. Which of the following is most likely to be true in this case? A) Dalton Department Store is not liable under Title VII of the Civil Rights Act of 1964 because Cara was offered a reasonable accommodation that allowed her to retain her employment. B) Cara has an actionable claim under Title VII of the Civil Rights Act of 1964 because of the change in her job profile even though it is not considered an adverse employment action. C) Dalton Department Store is not liable for religious discrimination for the sole reason that the conflict did not exist at the time when Cara was hired. D) Cara does not have an actionable claim for religious discrimination because she was aware of the dress code before she decided to convert to Islam.
A) Dalton Department Store is not liable under Title VII of the Civil Rights Act of 1964 because Cara was offered a reasonable accommodation that allowed her to retain her employment.
Gina was severely burned in a house fire when she was a child. She has extensive disfiguring burn scars on her face and neck. She applied for the position of a cashier at Food End and was not hired, despite her qualifications, because the employer feared that customers would be repulsed by Gina's scars. Which of the following would be the most likely outcome if Gina files a discrimination claim under the Americans with Disabilities Act? A) Food End will be liable under the Americans with Disabilities Act (ADA) because of its perception that Gina was disabled even though she was perfectly capable of performing the job. B) Food End will not be liable under the Americans with Disabilities Act because refusing to hire someone based on their appearance does not violate the act. C) Food End will be liable under the Americans with Disabilities Act only if Gina can show that the employer does not have to provide any reasonable accommodations if she is hired as a cashier. D) Food End will not be liable because the Americans with Disabilities Act does not apply to private employers.
A) Food End will be liable under the Americans with Disabilities Act (ADA) because of its perception that Gina was disabled even though she was perfectly capable of performing the job.
Under the Americans with Disabilities Act (ADA), an individual is disabled: A) if he or she has a physical or mental impairment that substantially limits one or more of the major life activities of an individual. B) only if he or she has a physical impairment that limits activities such as walking or standing. C) if he or she has an impairment resulting from advanced age or exhibits personality traits Chapter 13 - Disability Discrimination such as a quick temper. D) only if he or she has been completely bedridden for three or more years.
A) if he or she has a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
Carlos, who is 22 years old, is employed as a security officer at JJ Security Corp., which is a private firm. The manager of JJ Security intends to retain employees who are older as he feels that they are likely to perform better. He fires Carlos and replaces him with Samuel, who is 54 years old. Which of the following statements is most likely to be true in this case? A) Carlos will win an age discrimination suit under the ADEA against JJ Security as it is illegal to fire an employee on the basis of age. B) Carlos cannot file an age discrimination suit against JJ Security as reverse discrimination is not covered under the ADEA. C) Carlos will win an age discrimination suit under the ADEA against JJ Security as he is a member of the protected class. D) Carlos cannot file an age discrimination suit against JJ Security under the ADEA as it is applicable only to federal employees.
B) Carlos cannot file an age discrimination suit against JJ Security as reverse discrimination is not covered under the ADEA.
Patrick was employed by a church as a cook in its day care center. When Patrick was hired, he promised the pastor that he would regularly attend Sunday Mass held in the church. After three months, his employment was terminated as he failed to keep his promise. Patrick intends to file a case of religious discrimination as he believes that he has the right to change his religious views. Which of the following statements is most likely to be true in this case? A) Patrick has a claim for religious discrimination under Title VII (of the Civil Rights Act of 1964) and the U.S. Constitution's Establishment Clause. B) Patrick does not have a claim for religious discrimination because the church is exempt from prohibitions against religious discrimination under Title VII (of the Civil Rights Act of 1964). C) Patrick has a claim for religious discrimination because his job did not involve religious practices or activities, and he was terminated anyway. D) Patrick does not have a claim for religious discrimination because he worked in the day care center, which involved nonsectarian activities.
B) Patrick does not have a claim for religious discrimination because the church is exempt from prohibitions against religious discrimination under Title VII (of the Civil Rights Act of 1964).
Sofia is a homosexual. She works in the sales department of True Ace Motors, a Delaware-based firm. Her supervisor constantly tells her that she should dress more femininely, wear makeup, and adopt ladylike behavior. After several failed attempts to change Sofia's behavior, True Ace Motors terminates her. Sofia files a discrimination claim with the Discrimination Equal Employment Opportunity Commission (EEOC). In this scenario, Sofia's claim is: A) actionable because discrimination based on sexual orientation is prohibited under Title VII of the Civil Rights Act of 1964. B) actionable because gender stereotyping results in gender discrimination, which is unlawful under Title VII of the Civil Rights Act of 1964. C) not valid because the state laws in Delaware do not prohibit discrimination based on sexual orientation or gender identity. D) not valid because she is an at-will employee, and she can be terminated without a reasonable cause.
B) actionable because gender stereotyping results in gender discrimination, which is unlawful under Title VII of the Civil Rights Act of 1964.
There is no federal legislation protecting gays and lesbians from employment discrimination. However,: A) employers need to be aware that Title VII of the Civil Rights Act prohibits same-gender sexual harassment based on sexual orientation. B) employers need to be aware of state and local ordinances that prohibit job discrimination against homosexuals. C) they can use the bona fide occupational qualification defense to make a discrimination claim. D) they cannot be prevented by employers from wearing clothing, jewelry, or makeup of their choice.
B) employers need to be aware of state and local ordinances that prohibit job discrimination against homosexuals.
Which of the following categories under Title VII (of the Civil Rights Act of 1964) requires reasonable accommodation? A) Gender B) National origin C) Religion D) Race
C) Religion
Under the Americans with Disabilities Act (ADA), _____. A) the request for a reasonable accommodation for a preemployment test automatically disqualifies an applicant from a job. B) an employee with a disability has more rights to his or her job than do nondisabled applicants. C) an employee who does not have a disability but is perceived to be disabled by others is protected against discrimination based on that misperception. D) the definition of disability is limited to only physical disabilities, and it does not cover HIV-positive employees.
C) an employee who does not have a disability but is perceived to be disabled by others is protected against discrimination based on that misperception.
Carrie is a lesbian who worked as a teacher and a part-time administrative coordinator at a public school for 14 years. Loren, a student, discovered that Carrie was a lesbian and informed her mother. Loren's mother raised the issue with the school's principal, after which Carrie was asked to stop teaching, though she was allowed to continue as an administrative coordinator in the same school. In this scenario, Carrie: A) has a valid cause of action because Title VII prohibits employment discrimination based on sexual orientation. B) has no recourse because she was not fired from her job as an administrative coordinator. C) can file a suit based on the Equal Protection Clause of the U.S. Constitution because she is a local government employee. D) can file a reverse discrimination claim under Title VII of the Civil Rights Act of 1964.
C) can file a suit based on the Equal Protection Clause of the U.S. Constitution because she is a local government employee.
Which of the following statements is true of the Age Discrimination in Employment Act? A) It is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions. B) It only allows employees to pursue a claim if an employer discriminated against all of its older workers. C) It only protects employees over 60 from discrimination. D) It does not provide protection from reverse discrimination.
D) It does not provide protection from reverse discrimination.
LaTonya joins the Freewill Church, and as a member, she is not allowed to wear pants. Her employer, Salo's Seafood, requires all employees to wear coveralls provided by the company for safety reasons. Although LaTonya wore the uniform prior to joining the church, she now refuses to wear the coverall. She explains to Sal, the owner of the restaurant, that wearing pants is against her beliefs. Sal makes an exception in her case and allows her to wear knee-length boots with a protective jacket, but LaTonya refuses to wear the boots. Sal fires her for insubordination. Which of the following holds true in this case? A) Sal is liable for religious discrimination for failing to provide an accommodation that LaTonya would accept. B) Sal is liable for religious discrimination for failing to provide a reasonable alternative. C) Sal is not liable for religious discrimination because LaTonya's religious practice is not followed by any other employee at the company. D) Sal is not liable for religious discrimination because he made an effort to reasonably accommodate LaTonya's religious practice.
D) Sal is not liable for religious discrimination because he made an effort to reasonably accommodate LaTonya's religious practice.
Section 503 of the Vocational Rehabilitation Act requires: A) all employers to provide any possible accommodation requested by employees with disabilities. B) federal employers to create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job to accommodate a disabled employee. C) all employers to provide an employee with a disability more rights to his or her job than those provided to nondisabled applicants. D) federal contractors with contracts that exceed $10,000 annually to take affirmative action to employ and promote qualified disabled individuals.
D) federal contractors with contracts that exceed $10,000 annually to take affirmative action to employ and promote qualified disabled individuals.
Catherine, aged 59, is employed as a makeup artist with a local department store. The company hires a new manager, Ryan. Ryan fires Catherine and gives her job to Katrina, aged 42. Under the Age Discrimination in Employment Act, Catherine: A) does not have a valid claim because Catherine's replacement must be at least 20 years younger than Catherine. B) does not have a valid claim because the person who hired her is not the one who fired her. C) has a valid claim because the employer did not correctly apply the provisions of the Old Workers' Benefit Protection Act. D) has a valid claim even though her replacement is a member of the protected class.
D) has a valid claim even though her replacement is a member of the protected class.
A dress code that prohibits men from wearing makeup in the workplace violates Title VII of the Civil Rights Act of 1964.
False
Atheism cannot be considered the equivalent of a religion for the purposes of Title VII (of the Civil Rights Act of 1964).
False
If an employee believes that she or he is the subject of discrimination on the basis of disability, the typical first step is to directly file a complaint with the Equal Employment Opportunity Commission (EEOC).
False
If there is more than one reasonable accommodation available to accommodate an employee's religious practices, an employer must select the accommodation that is the most reasonable.
False
In a disability discrimination case, an employer can use the bona fide occupational qualification (BFOQ) defense.
False
In addition to awarding back pay or front pay that adequately compensates a successful plaintiff in an age discrimination action, courts also grant equitable relief such as injunctions, reinstatement, and promotions.
False
Lara is a lesbian. She is subjected to verbal abuse at work because of her sexual orientation. The harassment includes calling her a "dyke" and introducing her to new employees as "the resident lesbian." Lara has spoken to her supervisor, and nothing has changed. Lara has a cause of action under Title VII of the Civil Rights Act of 1964.
False
Research has shown that the performance of a disabled worker, when properly placed, is always lower than that of an able-bodied worker.
False
The Age Discrimination in Employment Act does not allow the defense of bona fide occupational qualification to be used by employers.
False
The Age Discrimination in Employment Act is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions.
False
The Equal Employment Opportunity Commission (EEOC) has included gender identity as a part of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964.
False
The duty to accommodate only applies to religious beliefs, not religious practices.
False
The prohibition against discrimination on the basis of religion, under Title VII of the Civil Rights Act of 1964, is absolute.
False
The requirement of reasonable accommodation for a disabled employee means that an employer must create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job.
False
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation.
False
When a claim is pretextual, it means that it is the true reason for an action, that there is no underlying motivation.
False
When establishing a prima facie case to proceed with a claim of religious discrimination, an employee need not establish that he has informed an employer of the conflict.
False
Under the Age Discrimination in Employment Act, a firm may only offer different benefits to older and younger workers if it costs a significant amount more to provide those benefits to older workers.
True
When determining the essential functions of a job, an employer must look to the function desired to be accomplished and not to the means of performing that function.
True
After an employee undergoes gender reassignment surgery, the safest thing for an employer is to treat the employee consistently with the way the employee presents his or her identity.
True
An employer violates Title VII of the Civil Rights Act of 1964 if he or she discriminates against men based on effeminacy but does not discriminate against women based on masculinity.
True
Disability is determined on the basis of the effect the impairment has on the disabled person's life.
True
In almost half the states. state employees are not able to sue their state employers under the ADEA.
True
The Age Discrimination in Employment Act makes it unlawful to publish a job advertisement indicating any preference based on age.
True
The size of an employer's workforce is one of the factors considered when determining whether the employer has successfully borne the burden of reasonably accommodating an employee's religious conflict.
True
Sexual harassment of an employee by someone of the same gender is prohibited under Title VII of the Civil Rights Act of 1964 unless it can be shown that the discrimination was based on sexual orientation.
True Feedback: In the Oncale v. Sundowner Offshore Services, Inc. case, the U.S. Supreme Court preserved Title VII's (of the Civil Rights Act of 1964) exclusion of discrimination on the basis of sexual orientation by holding that the sexual harassment of an employee by someone of the same gender can give rise to a cause of action for sexual harassment as long as it is clear that the basis for the harassment is not because the harassee is gay or lesbian. If a harassee is a lesbian and the harassment is in the form of something such as constantly calling her a lesbian, "dyke," or other terms related to her orientation, or persistently asking for dates or making sexual comments based strictly on her status as a lesbian, then the harassee would not have a cause of action under Title VII.
