Ethics Chapter 13
Any religious accommodation imposing more than a de minimis cost on an employer represents an undue hardship and is not required by Title VII of the Civil Rights Act of 1964.
True Under Civil Rights Act of 1964, Title VII's protections against religious discrimination and harassment in the workplace include an employer's duty to reasonably accommodate employees' religious beliefs and practices. Any accommodation imposing more than a de minimis cost on the employer represents an undue hardship and is not required by Title VII.
Eleanor has been recently diagnosed with bipolar disorder, and thus her productivity levels vary significantly. Eleanor's job is protected by the Americans with Disabilities Act (ADA) because the ADA covers psychological disorders.
True Eleanor cannot be terminated from her current job as the Americans with Disabilities Act (ADA) covers disabilities such as epilepsy, hypertension, asthma, diabetes, major depressive disorder, bipolar disorder, and schizophrenia. The ADA emphasizes that "disability" should be defined broadly in offering protection from employment discrimination.
Which of the following statements is true of the antiretaliation provision under Title VII of the Civil Rights Act of 1964? A) It encourages labor unions to engage in closed shop arrangements. B) It discourages exercise of employees' rights. C) It shifts the power in an employment relationship in favor of the employer. D) It protects employees opposing an employment practice that violates Title VII.
D The antiretaliation provision under Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee for engaging in a protected activity. Protected activities include opposing an employment practice that is reasonably believed to violate Title VII or participating in a complaint made under Title VII, such as filing a charge of workplace discrimination.
Under Title VII of the Civil Rights Act of 1964, only women can sue for sexual harassment.
False As a form of sex discrimination actionable under Title VII of the Civil Rights Act of 1964, sexual harassment protection covers both men and women and strives to maintain equal opportunity in the workplace. According to a recent Society for Human Resource Management (SHRM) poll, nearly one-fifth of organizations reported that the sexual harassment complaints were brought by male and female employees equally.
Differences in wages and conditions of employment are never permissible under the Civil Rights Act of 1964 even if those differences are the result of a bona fide seniority system.
False Differences in wages and conditions of employment are permissible under the Civil Rights Act of 1964 where those differences are the result of a bona fide (good faith) seniority system, as long as the system was not intended to hide or facilitate discrimination. Seniority is important because it often determines who is laid off first and who gets promotions, vacations, and so forth.
The Age Discrimination in Employment Act (ADEA) protects employees who are 50 years and older from employment discrimination based on their age.
False The Age Discrimination in Employment Act (ADEA) protects employees who are 40 years and older from employment discrimination based on their age. Disparate treatment and harassment claims may be brought under the ADEA, and a 2005 Supreme Court decision extended ADEA protection to disparate impact claims also.
Current illegal drug use is considered a disability under the Americans with Disabilities Act (ADA) provided the employee is seeking treatment.
False Alcoholism, drug addiction, and AIDS are disabilities under the Americans with Disabilities Act (ADA). However, the ADA excludes from its protection job applicants and employees who currently use illegal drugs. Employees with past drug or alcohol problems are protected by the ADA, as are employees with current alcohol problems who are able to perform the essential functions of the job.
An employer may pay unequal wages if the payments are paid based on a seniority system.
True Unequal wage payments are lawful if paid pursuant to (1) a seniority system, (2) a merit system, (3) a system that measures earnings by quantity or quality of production, or (4) a differential based on "any . . . factor other than sex." The employer seeking to avoid a violation of the Equal Pay Act can adjust its wage structure by raising the pay of the disfavored sex performing equal work. Lowering the pay of the favored sex violates the act.
Which of the following is a feature of the Americans with Disabilities Act (ADA)? A) It seeks to remove employment barriers to provide a full, productive life for individuals with disabilities. B) It protects employees who are subject to a hostile work environment. C) It requires an employer to make workplace accommodations for disabled employees even if it results in an undue hardship for the employer. D) It requires that pregnant employees be treated the same as all other employees with permanent disabilities.
A The Americans with Disabilities Act (ADA) seeks to remove employment barriers to a full, productive life for individuals with disabilities. It forbids discrimination in employment, public accommodations, public services, transportation, and telecommunications. Small businesses with fewer than 15 employees are exempted from the employment portions of the ADA.
The Americans with Disabilities Act (ADA) amended Title VII of the Civil Rights Act of 1964 and required employers to treat pregnant employees the same as all other employees with temporary disabilities.
False The Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act of 1964 so that discrimination with regard to pregnancy is treated as a form of sex discrimination. Broadly, the PDA requires that pregnant employees be treated the same as all other employees with temporary disabilities.
An employer may defend against an age discrimination claim by showing that age is a bona fide occupational qualification (BFOQ).
True An employer may defend against an age discrimination claim by showing that the termination was based on a legitimate, nondiscriminatory reason (such as poor performance) or that age is a bona fide occupational qualification (BFOQ). The Age Discrimination in Employment Act (ADEA) provides that an employer can defeat an age discrimination claim by demonstrating that a "reasonable factor other than age" (like poor attendance) was the actual reason for terminating or otherwise disfavoring an older worker.
Employment discrimination is lawful where sex, color, or race is a bona fide occupational qualification (BFOQ) which is reasonably necessary to the normal operation of a business.
False Often in intentional sex discrimination cases, the key inquiry involves the bona fide occupational qualification (BFOQ) defense provided by Title VII of the Civil Rights Act of 1964. Discrimination is lawful where sex, religion, or national origin is a BFOQ reasonably necessary to the normal operation of that business. The exclusion of race and color from the list suggests Congress thought those categories always unacceptable as bona fide occupational qualifications.
If the Equal Employment Opportunity Commission (EEOC) decides that an employment discrimination complaint does not have merit, the charge will be dismissed and a "right to sue" letter will be issued, thus allowing the charging party to proceed with her or his own litigation.
False In an employment discrimination case, the Equal Employment Opportunity Commission (EEOC) will refer the charging party and employer to its free mediation program. If mediation does not resolve the complaint, then the EEOC will investigate. If the investigation reveals that there is reasonable cause to believe that discrimination has occurred, the EEOC will invite the parties to engage in conciliation. If conciliation fails, the EEOC either files a civil suit on behalf of the charging party or issues a "right to sue" letter. The "right to sue" letter allows the party who filed the EEOC complaint to file a lawsuit.
Kathy worked as a regional sales manager at PharmCo, a pharmaceutical company in Pennsylvania, for over 25 years. At the age of 51, Kathy was denied a promotion because the company decided she was too old for the next-level job position. The new position was later filled by a younger employee whom Kathy had previously supervised. Under the Age Discrimination in Employment Act (ADEA), Kathy should file a(n) A) disparate treatment claim against her employer. B) intersectional discrimination claim against her employer. C) disparate impact claim against her employer. D) retaliation claim against her employer for denying her a promotion.
A Under the Age Discrimination in Employment Act (ADEA), Kathy should file a disparate treatment claim against her employer. The ADEA protects those 40 years and older from employment discrimination based on their age. Disparate treatment and harassment claims may be brought under the ADEA, and a 2005 Supreme Court decision extended ADEA protection to disparate impact claims also.
In the context of employment discrimination, which of the following is a difference between disparate treatment and disparate impact? A) Disparate treatment claims require victims to produce evidence, whereas those claiming disparate impact will automatically prevail upon a prima facie showing of discrimination. B) Title VII of the Civil Rights Act covers disparate impact but not disparate treatment. C) Disparate impact and not disparate treatment can be measured using the Four-Fifths Rule. D) Disparate impact requires proof of the employer's discriminatory intent, whereas disparate treatment does not.
C A disparate treatment claim addresses intentional discrimination by an employer, and disparate impact claims arise from unintentional discrimination. Disparate treatment requires proof of intent, whereas disparate impact does not. The Four-Fifths Rule, which compares results of an employer's selection tool to determine whether the tool creates a disproportionately adverse impact on a group in a protected class.
Discrimination against transsexuals based on sex stereotyping is prohibited under ________. A) the Fair Labor Standards Act B) Section 2-306 of the Uniform Commercial Code C) the Genetic Information Nondiscrimination Act D) Title VII of the Civil Rights Act of 1964
D Several states and the District of Columbia prohibit employment discrimination based on gender identity or expression. On the one hand, Title VII does not protect against discrimination based on sexual orientation. On the other hand, an employer cannot discriminate against an employee who does not meet gender stereotypes or norms. See Henderson v. Labor Finders of Virginia.
________ is a means of remedying past and present discriminatory wrongs in a more expeditious and thorough manner than the market might achieve on its own. A) The Four-Fifths Rule B) Tangible enforcement action C) Affirmative action D) The Ricci requirement
C Affirmative action is a means of remedying past and present discriminatory wrongs in a more expeditious and thorough manner than the market might achieve on its own. In following an affirmative action plan, employers consciously take positive steps to seek out minorities and women for hiring and promotion opportunities, and they often employ goals and timetables to measure progress toward a workforce that is representative of the qualified labor pool.
The 2013 version of ________ prohibits employers from discriminating on the basis of an employee's actual or perceived sexual orientation. A) the Title VII Act B) the Genetic Information Nondiscrimination Act C) the Employment Non-Discrimination Act D) the Civil Rights Act
C In 2013, the Employment Non-Discrimination Act (ENDA), which would prohibit employers from discriminating on the basis of an employee's actual or perceived sexual orientation was reintroduced after having been proposed but not enacted over the years. It failed to pass Congress, although a 2013 poll showed that a majority of Americans support legal protection against employment discrimination based on sexual orientation.
Most federal courts to date have ruled that victims of sexual harassment seeking recovery under ________ cannot sue the person who actually committed the harassment. A) a tort claim B) a state statute C) Title VII of the Civil Rights Act of 1964 D) Section 2-306 of the Uniform Commercial Code
C Most federal courts to date have ruled that victims of sexual harassment seeking recovery under Title VII of the Civil Rights Act of 1964 cannot sue the person who actually committed the harassment. The victim might be able to sue the wrongdoer under a state statute or by using a tort claim such as assault, but under Title VII, personal liability appears not to be available.
Which of the following federal agencies has the authority to issue regulations and guidelines as well as to receive, initiate, and investigate charges of employment discrimination against employers covered by federal antidiscrimination statutes? A) The Department of Labor B) The Title VII Commission C) The Equal Employment Opportunity Commission D) The Civil Rights Commission
C The Equal Employment Opportunity Commission (EEOC), an independent federal agency, has the authority to issue regulations and guidelines as well as to receive, initiate, and investigate charges of employment discrimination against employers covered by federal antidiscrimination statutes such as Title VII of the Civil Rights Act of 1964. State fair employment practice agencies may serve the same function as the EEOC in enforcing these laws.
________ to the U.S. Constitution provides that no state shall deny to any person life, liberty, or property without due process of law or deny him or her the equal protection of the laws. A) The Fourth Amendment B) The First Amendment C) The Fourteenth Amendment D) The Fifteenth Amendment
C The Fourteenth Amendment to the Constitution provides that no state shall deny to any person life, liberty, or property without due process of law or deny him or her the equal protection of the laws. Thus, citizens are protected from discrimination via state government action.
In the context of employment discrimination, which of the following statements about disparate treatment is true? A) Disparate treatment claims are prima facie illegal, and no evidence to prove discrimination is required. B) Disparate treatment claims are solely restricted to the American with Disabilities Act (ADA). C) Disparate treatment claims occur when an employer makes a good faith attempt not to discriminate; however, unintentional discrimination actually does occur despite the employer's best efforts. D) Employees or applicants who claim disparate treatment must present either direct or indirect evidence which proves their employers actually intended to discriminate against them.
D A disparate treatment claim addresses intentional discrimination by an employer who has purposefully treated an employee or applicant less favorably because of his or her race, color, religion, national origin, gender, or membership in a group under another protected category. Employees or applicants making claims of disparate treatment must prove their employers' intent to discriminate with either direct or indirect evidence.
In the context of employment discrimination, a prima facie case of retaliation requires that A) the disparate impact does not meet the four-fifths rule. B) a causal connection exists between the employee and the employer. C) the discrimination does not violate the Civil Rights Act of 1866. D) the employee engaged in a protected activity.`
D A prima facie case of retaliation requires: (1) participation in a protected activity; (2) an employment action disadvantaging the plaintiff; and (3) a causal connection between the protected activity and the adverse employment action. In order to protect against an employer's abuse of power and to encourage exercise of employees' rights, the antiretaliation provision under Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee for engaging in a protected activity.
Affirmative action efforts can take all but which of the following paths? A) Courts may order the implementation of affirmative action after a finding of wrongful discrimination, B) Employers may voluntarily adopt affirmative action plans. C) Some statutes require affirmative action. D) The federal government can force the public sector to comply.
D Affirmative action efforts arise in four ways: (1) Courts may order the implementation of affirmative action after a finding of wrongful discrimination, (2) employers may voluntarily adopt affirmative action plans, (3) some statutes require affirmative action, and (4) employers may adopt affirmative action in order to do business with government agencies.
After hiring Bruce to work at Holly Lolly Craft Store, the store manager discovered that Bruce was transgender. The store manager promptly fired Bruce and specifically stated that Bruce was being fired because he was transgender. What can Bruce do? A) Bruce can sue the store manager under a Title VII as sexual orientation is now a protected class under Title VII. B) Bruce can sue Holly Lolly Craft Store under a Title VII as sexual orientation is now a protected class under Title VII. C) Bruce can sue Holly Lolly Craft Store under ENDA (Employment Non-Discrimination Act). D) Bruce has no federal cause of action against either Holly Lolly or the store manager.
D At this writing, sexual orientation is not itself a protected category under Title VII. However, federal courts have interpreted Title VII to allow sexual orientation discrimination claims as a "subset" of sex discrimination claims. In 2013, the Employment Non-Discrimination Act (ENDA), which would prohibit employers from discriminating on the basis of an employee's actual or perceived sexual orientation, was reintroduced in Congress, but it failed to pass.
________ has been interpreted to forbid discrimination on the basis of race in employment, which is essentially a contractual relationship. A) The Reconstruction Act B) The Title VII Act C) The Civil Rights Act of 1964 D) The Civil Rights Act of 1866
D The Civil Rights Act of 1866 has been interpreted to forbid discrimination on the basis of race in employment, which is essentially a contractual relationship. However, this legal protection did not prevent discriminatory practices in housing, education, business, and employment.
Which of the following acts provides that U.S. citizens working abroad for American-owned or American-controlled companies are protected from employment discrimination? A) The Civil Rights Act of 1965 B) The Civil Rights Act of 1866 C) The Civil Rights Act of 1964 D) The Civil Rights Act of 1991
D The Civil Rights Act of 1991 provides that U.S. citizens working abroad for American-owned or American-controlled companies are protected from discrimination under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) unless such protection would require the employer to violate the laws of its host nation.
In the context of employment discrimination, all but which of the following are statutory defenses an employer may use against disparate treatment and disparate impact claims under Title VII of the Civil Rights Act of 1964? A) Sexuality B) Employee testing C) Bona fide occupational qualification D) Seniority
A Title VII of the Civil Rights Act of 1964 affords specific exemptions or defenses against disparate treatment and disparate impact claims made by employees, three of which are of particular note: (1) seniority, (2) employee testing, and (3) bona fide occupational qualification. Differences in wages and conditions of employment are permissible under the Civil Rights Act of 1964 where those differences are the result of a bona fide (good faith) seniority system, as long as the system was not intended to hide or facilitate discrimination.
Which of the following statements about Title VII of the Civil Rights Act of 1964 is true? A) It forbids discrimination in hiring, firing, and all aspects of the employment relationship. B) Private-sector employees are not covered under Title VII. C) It prohibits religious organizations from discriminating in employment on the basis of religion. D) Private clubs are not exempt from Title VII.
A Title VII of the Civil Rights Act of 1964 forbids discrimination in employment on the basis of race, color, religion, sex, or national origin. Broadly, Title VII forbids discrimination in hiring, firing, and all aspects of the employment relationship.
To prove sexual harassment, the employee must prove all but which of the following? A) The employer had actual knowledge of the harassment. B) The harassing conduct is unwelcome. C) The harassing conduct is because of sex. D) The harassing conduct was sufficiently severe or pervasive as to create a hostile, abusive work environment.
A To establish a claim for sexual harassment, the victim/employee must prove the following elements: 1) The harassing conduct is unwelcome; 2) The harassing conduct is because of sex; and 3) The harassing conduct resulted in a tangible employment action, or was sufficiently severe or pervasive as to unreasonably alter the conditions of employment and create a hostile, abusive work environment.
Affirmative action efforts arise in all but which of the following ways? A) Courts may order the implementation of an affirmative action plan after a finding of wrongful discrimination, B) Employers must adopt affirmative action plans after a non-binding vote of shareholders at the company's annual meeting. C) Some state statutes require affirmative action, or employers may choose to adopt affirmative action in order to do business with government agencies. D) State governments may pass laws requiring all companies of a certain size to implement affirmative action plans.
B Affirmative action efforts arise in four ways: (1) Courts may order the implementation of affirmative action after a finding of wrongful discrimination, (2) employers may voluntarily adopt affirmative action plans, (3) some statutes require affirmative action, and (4) employers may adopt affirmative action in order to do business with government agencies. Federal contractors must meet the affirmative action standards of the Office of Federal Contract Compliance Programs.
________ offers a "foreign law defense" under which an employer would not be required to comply with Title VII of the Civil Rights Act of 1964 if to do so would violate a host country's law. A) The Foreign Law Act B) The Civil Rights Act of 1991 C) The Civil Rights Act of 1964 D) The Foreign Assistance Act
B American managers working abroad must deal with international differences in attitudes toward sexual behavior in the workplace. The Civil Rights Act of 1991 extends Title VII's (Civil Rights Act of 1964) protection to American employees working abroad for such employers, but offers a "foreign law defense" under which an employer would not be required to comply with Title VII if doing so would violate the host country's law.
If the employee selection rate for any protected class of individuals is less than 80 percent of the selection rate for the group with the highest selection rate, then the employment practice in question will be presumed to create a disparate impact. This is referred to as the ________. A) 10/90 gap B) four-fifths rule C) 80/20 principle D) eighty-twenty rule
B If the selection rate (such as the percentage of employees passing a test, being hired, or being promoted) for any protected class is less than 80 percent of the selection rate for the group with the highest selection rate, then the employment practice in question will be presumed to create a disparate impact. An employer falling below that standard must prove the job relatedness of the employment practice in question and demonstrate that a good-faith effort was made to find a selection procedure that lessened the disparate impact on protected classes.
In order to protect against an employer's abuse of power and to encourage exercise of employees' rights, ________ under Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee for engaging in a protected activity. A) the disparate treatment provision B) the antiretaliation provision C) the antidiscrimination provision D) the employee protection provision
B In bringing a discrimination claim, an employee is vulnerable to the employer's retaliatory action. In order to protect against an employer's abuse of power and to encourage exercise of employees' rights, the antiretaliation provision under Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee for engaging in a protected activity.
Recognizing the gravity and nature of injuries caused by intentional discrimination in the workplace, a victim may seek compensatory damages and, in some cases, ________ damages. A) nominal B) punitive C) unlimited D) liquidated
B Recognizing the gravity and nature of injuries caused by intentional discrimination in the workplace, Congress expanded the remedies available for such injury under Title VII and the Americans with Disabilities Act (ADA) to include compensatory damages as well as punitive damages in some cases. Compensatory damages may be sought to redress, for example, emotional pain and suffering, but combined compensatory and punitive damages are capped at $50,000 to $300,000, depending on the size of the employer's workforce. Damages are not capped for front pay (awarded for future earnings) or in cases of intentional discrimination based on race.
Which of the following is true of the Pregnancy Discrimination Act (PDA)? A) It directs that the PDA applies only to pregnant employees who have worked for the company for at least one year and the company must employ more than 50 workers. B) It dictates that pregnant employees be treated the same as all other employees with temporary disabilities. C) It mandates that pregnant employees be put on "light" duty work for the duration of their pregnancy in order to avoid a possible chance of injury. D) It requires an employee to disclose her pregnancy to her current employer when she becomes five months pregnant.
B The Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act of 1964 so that discrimination with regard to pregnancy is treated as a form of sex discrimination. Broadly, the PDA requires that pregnant employees be treated the same as all other employees with temporary disabilities.
In the context of employment discrimination, which of the following statements about disparate impact is true? A) Disparate impact claims may occur if the employee can prove, with direct or indirect evidence, that the employer is using a seemingly legal defense as a pretext to justify the discrimination. B) Disparate impact claims are prima facie illegal, and no evidence to prove discrimination is required. C) Disparate impact claims are solely restricted to the American with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). D) Disparate impact claims may occur when employers use legitimate employment standards that, despite their apparent neutrality, impose a heavier burden on a protected class than on other employees.
D Disparate impact analysis involves situations in which employers use legitimate employment standards that, despite their apparent neutrality, impose a heavier burden on a protected class than on other employees. For example, a preemployment test, offered with the best of intentions and constructed to be a fair measurement device, may disproportionately exclude members of a protected class and thus be unacceptable (barring an effective defense).
Under the Genetic Information Nondiscrimination Act (GINA), ________ A) employees working in the private sector are not protected by federal antidiscrimination statutes while federal employees are protected. B) employees with genetic disorders may seek employment, provided they fully comply with an employer's request for "family medical history." C) employers are allowed to gather genetic information about an employee provided the employer does not use that information to discriminate against the employee. D) employers are prohibited from discriminating employees because of genetic information.
D Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating because of genetic information. With few exceptions, employers are not allowed to gather genetic information regarding an employee or the employee's family members.
Which of the following is a protected activity under Title VII's (the Civil Rights Act of 1964) antiretaliation provision? A) An employer discriminating against an employee who opposes an employment practice that violates Title VII B) A victim of sexual harassment at a workplace who seeks recovery under Title VII by suing the person who committed the harassment C) An employer forcing a pregnant employee to take time off or quit D) An employee filing a charge of workplace discrimination
D In order to protect against an employer's abuse of power and to encourage exercise of employees' rights, antiretaliation provision under Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee for engaging in a protected activity. Protected activities include opposing an employment practice that is reasonably believed to violate Title VII, or participating in a complaint made under Title VII, such as filing a charge of workplace discrimination.
Marianne accepts a job of administrative assistant in an automobile repair shop. She is constantly subjected to sexual comments and jokes from her male coworkers. Many of them also prominently display sexually explicit posters at their work stations. Which of the following statements is true about Marianne's legal rights in this scenario? A) Her employer is immune from sexual harassment claims because her co-workers are the ones making sexual comments and displaying the posters. B) Marianne may sue her co-workers based on the theory of quid pro quo harassment. C) Unless Marianne can prove that she was physically harassed, she has no evidence of the harassment such that she could proceed with a lawsuit. D) Marianne may file a cause of action based on hostile work environment.
D Marianne has a hostile environment sexual harassment claim. Hostile work environment (a workplace rendered offensive and abusive by such conduct as sexual comments, pictures, jokes, sexual aggression, and the like where no employment benefit is gained or lost) and quid pro quo ("this for that," such as a sexual favor in exchange for keeping one's job) are the two types of sexual harassment.
Which of the following statements is not true of the Americans with Disabilities Act (ADA)? A) The ADA does not protect those employees who currently use illegal drugs. B) It requires an employer to provide reasonable accommodations for disabled employees. C) The ADA treats drug and alcohol and drug addiction as medical conditions. D) The ADA covers only qualified employees and not qualified applicants who are able to perform the essential job functions.
D The Americans with Disabilities Act (ADA) forbids discrimination in employment, public accommodations, public services, transportation, and telecommunications. Small businesses with fewer than 15 employees are exempted from the employment portions of the ADA. Alcoholism, drug addiction, and AIDS are disabilities under the ADA. However, the ADA excludes from its protection job applicants and employees who currently use illegal drugs.
Which of the following is true about accommodating individuals with disabilities? A) The Americans with Disabilities Act (ADA) allows employers to discriminate in hiring or employing any individual with a disability. B) The Americans with Disabilities Act (ADA) requires disabled employees to create their own reasonable accommodations. C) An employer is required to provide an accommodation for disabled employees even if it would create an undue hardship for the employer. D) An employer should engage in an interactive dialogue with the concerned employee to explore possible reasonable accommodations.
D The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for disabled employees and applicants. The employer should engage in an interactive dialogue with the employee to explore possible reasonable accommodations.
Which of the following is a characteristic of the Equal Pay Act of 1963? A) According to the act, unequal wage payments are lawful if paid pursuant to a differential based on any factor other than national origin. B) It forbids discrimination on the basis of race by paying lower wages to employees of one race than the those paid to employees of a different race when each group performs equal work. C) An employer seeking to avoid a violation of the Equal Pay Act can adjust its wage structure by lowering the wages paid to the favored sex performing equal work rather than raising the wages to paid to the disfavored sex. D) Under the act, unequal wage payments are lawful if they are based on quality or quantity production standards.
D The Equal Pay Act of 1963 directly forbids discrimination on the basis of sex by paying lower wages to employees of one sex than those wages paid to employees of the opposite sex for equal work on jobs requiring equal skill, effort, and responsibility and performed under similar working conditions (equal has been interpreted to mean "substantially equal"). The act provides for certain exceptions. Unequal wage payments are lawful if paid pursuant to (1) a seniority system, (2) a merit system, (3) a system that measures earnings by quantity or quality of production, or (4) a differential based on "any . . . factor other than sex." An employer seeking to avoid a violation of the Equal Pay Act can adjust its wage structure by raising the pay of the disfavored sex performing equal work.
Which of the following statements is true of the sex discrimination law? A) Sexual harassment claims are not considered sex discrimination and are covered under the Harassment in the Workplace Act. B) Class-action lawsuits are prohibited in sex discrimination cases. C) Federal statutes related to sex discrimination at workplace cover only women who work for the federal government. D) Employers are prohibited from asking job applicants about pregnancy or plans for starting a family as such questions can be considered a form of sex discrimination.
D The Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act of 1964 so that discrimination with regard to pregnancy is treated as a form of sex discrimination. In general, an employer should not ask job applicants about pregnancy, and applicants have no duty to reveal that pregnancy. Additionally, an employer cannot discriminate against female applicants or employees because they might start a family.
Employment quotas and affirmative action are justified broadly by "societal discrimination" and considered constitutional.
False Affirmative action is a means of remedying past and present discriminatory wrongs in a more expeditious and thorough manner than the market might achieve on its own. However, both quotas and affirmative action, justified broadly by "societal discrimination," are unconstitutional.
A bona fide seniority system that perpetuates past wrongs must be changed in accordance with Title VII.
False Differences in wages and conditions of employment are permissible under the Civil Rights Act of 1964 where those differences are the result of a bona fide (good faith) seniority system, as long as the system was not intended to hide or facilitate discrimination. The Supreme Court has made it clear, however, that a bona fide seniority system which perpetuates past wrongs is illegal only if discriminatory intent is proven.
The 2013 version of the Employment Non-Discrimination Act (ENDA) was the first piece of federal legislation passed by Congress that included protection against gender identity discrimination.
False Several states and the District of Columbia prohibit employment discrimination based on gender identity or expression. The 2013 version of the Employment Non-Discrimination Act (ENDA) includes protection against gender identity discrimination. It failed to pass Congress, although a 2013 poll showed that a majority of Americans support legal protection against employment discrimination based on sexual orientation.
The employment portions of the Americans with Disabilities Act (ADA) extend to small businesses with fewer than 15 employees.
False The Americans with Disabilities Act (ADA) forbids discrimination in employment, public accommodations, public services, transportation, and telecommunications. Small businesses with fewer than 15 employees are exempted from the employment portions of the ADA.
The Equal Employment Opportunity Commission (EEOC) allows employers to impose a blanket ban on employees speaking their primary language in the workplace.
False The Equal Employment Opportunity Commission (EEOC) guidelines prohibit employers from imposing a blanket ban on employees speaking their primary language in the workplace, but an English-only rule at certain times is permissible if justified by business necessity and if adequately explained to the employees. Employers argue that the rules are necessary when dealing with customers, to maintain job safety, and to encourage congenial worker relations.
Personal liability for sexual harassment appears not to be available under Title VII of the Civil Rights Act.
True Most federal courts to date have ruled that victims of sexual harassment seeking recovery under Title VII of the Civil Rights Act of 1964 cannot sue the person who actually committed the harassment. The victim might be able to sue the wrongdoer under a state statute or by using a tort claim such as assault, but under Title VII, personal liability appears not to be available. The victim, therefore, can seek damages from the employer as the responsible party.
Private clubs are exempt from Title VII of the Civil Rights Act of 1964.
True Private clubs are exempt from Title VII of the Civil Rights Act of 1964, and religious organizations may discriminate in employment on the basis of religion. Broadly, Title VII forbids discrimination in hiring, firing, and all aspects of the employment relationship.
The Americans with Disabilities Act (ADA) covers employees who take medication or use a prosthetic device to overcome an impairment.
True The Americans with Disabilities Act (ADA) emphasizes that "disability" should be defined broadly in offering protection from employment discrimination. Taking medication or using a prosthetic device to overcome an impairment does not exclude an individual from the ADA's protection.