Leg and Soc: Chapter 13
Why is seniority considered important in employment? It encourages new employees to improve performance by acquiring new skills. It often determines the level of rationality exercised by a company's employees. It often determines the details about who is laid off first and who gets promotions. It often helps in recruiting new employees to an organization.
It often determines the details about who is laid off first and who gets promotions.
Regarding religious discrimination and harassment, which of the following is true of Title VII of the Civil Rights Act of 1964? It forbids employers and employees from speaking about their respective religious beliefs in the workplace. It binds employers to accommodate employees' religious beliefs even if it creates an undue hardship on the workplace. It requires employers to reasonably accommodate employees' religious beliefs. It forbids employees from demanding accommodation their of religious beliefs from employers.
It requires employers to reasonably accommodate employees' religious beliefs.
In 2019, which of the following is correct regarding the unemployment rate for persons with disabilities compared to the unemployment rate for persons without disabilities? It was approximately twice as high. It was approximately 30 percent higher. Thanks to proper compliance with and enforcement of the ADA and the ADAAA, it was about the same. It was approximately 20 percent higher.
It was approximately twice as high.
The Equal Employment Opportunity Commission (EEOC) will first refer the charging party and employer to which of the following? Its conciliation program An investigation council Its free mediation program Its binding arbitration panel
Its free mediation program
Identify the exceptions to the Equal Pay Act of 1963 where unequal wage payments are lawful. (Check all that apply.) A system that determines earnings according to the financial circumstances of individual employees A seniority system A differential based exclusively on the three bona fide factors: education, training, and experience A system that measures earnings by quantity or quality of production A merit system
A seniority system A system that measures earnings by quantity or quality of production A merit system
Which of the following is not an integral part of a prima facie case of retaliation? An employment action disadvantaging the plaintiff Proof of retaliation beyond reasonable doubt Participation in a protected activity A causal connection between the protected activity and the adverse employment action
Proof of retaliation beyond reasonable doubt
An employer falling below the standard of the Four-Fifths Rule must do which of the following? Prove the job-relatedness of the employment practice in question Pay higher taxes to the government in recompense Ensure that it compensates by selecting more employees from any protected class for another job Provide the details regarding the nature of the job
Prove the job-relatedness of the employment practice in question
Which of the following is true of a defendant's case when a plaintiff builds a successful prima facie case? The defendant must prove that most of its employees belong to a protected class. The defendant must raise a legitimate issue of fact disputing the plaintiff's discrimination claim. The defendant must prove that its decision not to hire the plaintiff was based on a legitimate, nondiscriminatory reason. The defendant must prove that the plaintiff does not belong to a protected class.
The defendant must raise a legitimate issue of fact disputing the plaintiff's discrimination claim.
A victim of employment discrimination is usually referred to as which of the following? The third party beneficiary The compensatory party The charging party The defendant
The charging party
Identify the requirements for a valid defense against a disparate impact claim concerning an employment policy. (Check all that apply.) The defendant must demonstrate that the employment policy is job related. The defendant must prove that the policy is consistent with business necessity. The defendant must provide a list of firms who have adopted similar employment policies. The defendant must show employment alternatives available to the plaintiff.
The defendant must demonstrate that the employment policy is job related. The defendant must prove that the policy is consistent with business necessity.
In 2013, a federal jury awarded which of the following against a North Carolina trucking company on behalf of two former Black truck drivers who were subjected to racial slurs and threats involving nooses? $1,000,000 in compensatory and punitive damages $100,000 in compensatory damages only $200,000 in compensatory and punitive damages $100,000 in punitive damages only
$200,000 in compensatory and punitive damages
Regarding available remedies in Title VII and the Americans with Disabilities Act, combined compensatory and punitive damages are capped at which of the following, depending on the size of the employer's workforce? $25,000 to $100,000 $50,000 to $250,000 $50,000 to $300,000 $100,000 to $500,000
$50,000 to $300,000
The United States Congress applied Title VII of the Civil Rights Act of 1964 to labor unions with how many members? 7 or more 100 or less 15 or more 10 or more
15 or more
The Civil Rights Act of 1964 permits differences in wages and conditions of employment if the differences are the result of which of the following? The national origins of employees Fluctuations in employer income The relative standards of living of employees A bona fide seniority system
A bona fide seniority system
Regarding sexual harassment, identify the requirements of a prima facie case of retaliation. (Check all that apply.) A causal connection between a protected activity and an adverse employment action The employer's denial of a job offer to the plaintiff Participation in a protected activity Employment practices that are job-related An employment action disadvantaging the plaintiff
A causal connection between a protected activity and an adverse employment action Participation in a protected activity An employment action disadvantaging the plaintiff
Identify an example of direct evidence of discrimination provided by an employee or an applicant making a claim of disparate treatment. A company's job advertisement states that only men are welcome to apply for a particular job. A company seeks truck drivers who are at least 21 years of age. An employee describes that he or she belongs to a protected class while applying for a job. A company's job advertisement carries a message that only college degree holders will be considered for a particular position.
A company's job advertisement states that only men are welcome to apply for a particular job.
The issue of whether racially charged workplace conduct rises to the level of unlawful harassment is which of the following? A subject of conflict among state courts A subject of conflict among federal courts Well-settled by state courts as not constituting unlawful harassment Well-settled by federal courts as constituting unlawful harassment
A subject of conflict among federal courts
Which of the following is a way of correcting past and present discriminatory wrongs in a more expeditious and thorough manner than a market might achieve on its own? Punitive action Closing the achievement gap Retaliatory action Affirmative action
Affirmative action
Identify a true statement about the Pregnancy Discrimination Act (PDA). An employer should not force a pregnant employee to quit. An employer can fire an employee for not disclosing her pregnancy. An employer can ask job applicants about pregnancy. An employer can ask an employee for a pregnancy test before selection.
An employer should not force a pregnant employee to quit.
Which of the following is correct regarding the Americans with Disabilities Act (ADA)? An individual who does not have a disability cannot be protected under the ADA, but may be protected by the ADAA under certain circumstances. If an employer incorrectly assumes that an employee is disabled and takes discriminatory action on that basis, the employer has not violated the ADA. An individual who does not have a disability may still be protected under the ADA. An individual who does not have a disability is not protected by the ADA in any circumstances.
An individual who does not have a disability may still be protected under the ADA.
Which of the following does not provide incentives and remove impediments for employers to hire and retain employees with disabilities? Tax credits to provide access to individuals with disabilities Tax credits to hire individuals with disabilities Tax deductions to remove architectural barriers to make employer facilities more accessible Automatic cost of living adjustments in the federal minimum wage
Automatic cost of living adjustments in the federal minimum wage
Often in intentional sex discrimination cases, the key inquiry involves which of the following (BFOQ) defenses provided by Title VII of the Civil Rights Act of 1964? Merit Bona fide occupational Seniority Disparate treatment
Bona fide occupational
TPS Correctional Services, a firm that operates private prisons, posts a job advertisement to hire prison guards for one of its male detention facilities. In its job advertisement, the firm mentions that it seeks only male candidates for the job. In this scenario, the firm may apply which of the following defenses to any potential sex discrimination in employment claims? Equal opportunity harasser Merit Bona fide occupational qualification Initial physical aggressor
Bona fide occupational qualification
As amended by the ADAAA, the ADA emphasizes that "disability" should be defined in what way? According to how a "reasonable employer" would define disability Narrowly in offering protection from employment discrimination According to how a "reasonable employee" would define disability Broadly in offering protection from employment discrimination
Broadly in offering protection from employment discrimination
According to Title VII of the Civil Rights Act of 1964, an employer need not accommodate an employee's religious practice or belief if does which of the following? Creates an undue hardship on the workplace Receives objections from another employer in the same industry Contrasts directly with the employer's own beliefs Receives objections from another employee
Creates an undue hardship on the workplace
Which of the following is not protected by the Americans with Disabilities Act (ADA)? Schizophrenia Current drug use Current alcohol use Major depression
Current drug use
Which of the following types of discrimination does not require a showing of intent to discriminate? Race Disparate impact Disparate treatment Gender
Disparate impact
Which of the following types of claims may be brought under the Age Discrimination in Employment Act (ADEA)? Harassment and disparate impact claims only Disparate treatment, disparate impact, and harassment claims Disparate treatment and harassment claims only Disparate treatment and disparate impact claims only
Disparate treatment, disparate impact, and harassment claims
Which of the following statements are true about Equal Employment Opportunity (EEO) laws? EEO laws protect all employees. EEO laws are restricted to certain groups such as women or racial minorities. EEO laws allow employers to compare, distinguish, and choose among applicants and employees based on any factors of their choice. As diversity grows in the United States, EEO laws may serve to support and sustain a more inclusive and, ultimately, more productive workplace.
EEO laws protect all employees. As diversity grows in the United States, EEO laws may serve to support and sustain a more inclusive and, ultimately, more productive workplace.
In 2018, the United States Bureau of Labor Statistics reported that the median weekly earnings of American women working full time in 2014 was which of the following percent of that earned by men? Eighty-one (81) Sixty-one (61) Seventy-one (71) Ninety-one (91)
Eighty-one (81)
Under the Americans with Disabilities Act (ADA), the term disability refers to which of the following? Either a physical or a mental impairment that limits one or more major life activities in any discernible way A physical impairment only that substantially limits one or more major life activities A mental impairment only that limits one or more major life activities in any discernible way Either a physical or a mental impairment that substantially limits one or more major life activities
Either a physical or a mental impairment that substantially limits one or more major life activities
Sex discrimination claims under Title VII may arise from which (if any) of the following? Disparate impact only Disparate treatment only Neither disparate treatment nor disparate impact, since such claims arise exclusively from sexual harassment Either disparate treatment or disparate impact
Either disparate treatment or disparate impact
From the late 1980s to the present, which of the following has challenged the legality and the wisdom of affirmative action, at least where the government is involved? Social fallacies Commercial hardships Increasing religious scrutiny Increasing political skepticism
Increasing political skepticism
Identify a true statement about the Genetic Information Nondiscrimination Act (GINA). Employers can terminate the employment of individuals with genetic problems at their own will. Employers are entitled to use an employee's family medical history as the basis for an adverse employment decision. Employers are not allowed to gather genetic information regarding an employee or his family members. It is mandatory for job applicants to provide their genetic information to prospective employers.
Employers are not allowed to gather genetic information regarding an employee or his family members.
Which of the following is correct regarding accommodating individuals with disabilities? An employer must create a new position to reassign an employee who can no longer perform the essential job functions. The ADA requires employers to make reasonable accommodations for disabled employees, but not for disabled applicants. A qualified person is only a person who can perform the essential functions without accommodation. Employers are not required to provide an accommodation that would create an undue hardship.
Employers are not required to provide an accommodation that would create an undue hardship.
Identify the ways in which affirmative action efforts arise. (Check all that apply.) Common people may opt for affirmative action plans. Employers may adopt affirmative action in order to do business with government agencies. Some statutes require affirmative action. Courts may order the implementation of affirmative action. Affirmative action plans may arise out of work-life imbalance. Employers may voluntarily adopt affirmative action plans.
Employers may adopt affirmative action in order to do business with government agencies. Some statutes require affirmative action. Courts may order the implementation of affirmative action. Employers may voluntarily adopt affirmative action plans.
True or false: In a sports team, roughhousing or horseplay between teammates of the same sex normally constitutes same-sex harassment.
False
True or false: Procedurally, the first step in a lawsuit claiming employment discrimination is taken in a courthouse.
False
True or false: The United States Constitution protects citizens of the United States from discrimination via state government action but does not forbid discrimination by the federal government.
False
Under its 2017 Strategic Enforcement Plan, the protection of vulnerable workers including which of the following is one of the Equal Employment Opportunity Commission's (EEOC's) central enforcement priorities? Blue-collar employees Temporary employees Immigrants Blacks
Immigrants
In its 2016 Enforcement Guidance, the Equal Employment Opportunity Commission (EEOC) noted that national origin discrimination may overlap with other forms of discrimination that Title VII protects against, such as religion and race. This is known as which of the following forms of discrimination? Transactional Parallel Intersectional Corollary
Intersectional
If an investigation by the Equal Employment Opportunity Commission (EEOC) reveals that there is reasonable cause to believe discrimination has occurred, the EEOC will do which of the following? Resolve the matter in favor of the charging party Refer the charging party and employer to its paid mediation program Separate itself from all the proceedings Invite the parties to engage in conciliation to resolve the matter
Invite the parties to engage in conciliation to resolve the matter
Identify a true statement about the Civil Rights Act of 1866. It was proposed to eradicate discrimination in hiring and employment on the basis of sexual orientation or gender identity. It was enacted to eradicate discrimination based on disability. It successfully prevented wage disparity based on sex. It did not prevent discriminatory practices in housing, education, business, and employment.
It did not prevent discriminatory practices in housing, education, business, and employment.
Which of the following is correct regarding Family Responsibilities Discrimination (FRD)? It is a recognized component of family law. It is expressly prohibited by the Family Responsibilities Discrimination Act (FRDA). It has achieved less recognition in recent years. It has achieved increased recognition in recent years.
It has achieved increased recognition in recent years.
Identify a true statement about the Equal Employment Opportunity Commission (EEOC). It is a federal agency responsible for creating affirmative action laws. It has the authority to initiate and investigate charges of discrimination against employers covered by federal anti-discrimination statutes. It cannot issue regulations and guidelines against employers covered by federal anti-discrimination statutes. It is a government agency with the primary purpose of investigating sexual harassment in workplaces.
It has the authority to initiate and investigate charges of discrimination against employers covered by federal anti-discrimination statutes.
Identify a true statement about disparate impact discrimination. It shields a protected class of employees from experiencing a work-related burden. It involves situations in which employers use illegitimate employment standards. It requires plaintiffs to provide direct evidence of their employers' intent. It imposes a heavier burden on a protected class than on other employees.
It imposes a heavier burden on a protected class than on other employees.
Regarding sexual harassment, which of the following is correct regarding a hostile work environment? It is characterized by a workplace where men are given higher wages than women for similar jobs. It is created by offensive or abusive conduct such as sexual comments, pictures, and jokes. It involves a workplace where the employees of one sex comprise a significant majority, thus causing discomfort to employees of the other sex. It refers to soliciting a bribe in exchange for keeping one's job.
It is created by offensive or abusive conduct such as sexual comments, pictures, and jokes.
Equal Employment Opportunity (EEO) laws are intended to support and sustain which of the following types of workplace? Less inclusive and more productive More exclusive and more effective More inclusive and more productive More exclusive and more efficient
More inclusive and more productive
The Fourteenth Amendment to the Constitution provides which of the following? Involuntary servitude shall not exist in the United States unless used as a punishment for a party convicted of a crime Citizens shall not be denied voting rights on the basis of their race, religion, or color No individual shall be denied the right to life, liberty, or property by a state without due process of law No person shall suffer from bails and fines that are excessive, nor from punishments that are cruel and usual
No individual shall be denied the right to life, liberty, or property by a state without due process of law
Identify a scenario in which the Americans with Disabilities Act (ADA) can be applied. Jose is denied a job because of his sexual orientation. Richard, a 55-year-old man, is subjected to unfavorable treatment at work due to his age. Patrick, a physically impaired engineering professional, is denied a job in a multinational IT firm because of his condition. Emma is denied a job after her employer asks her for her family's medical history and finds that her mother is a heart patient.
Patrick, a physically impaired engineering professional, is denied a job in a multinational IT firm because of his condition.
The United States Congress has expanded the available remedies in Title VII and the Americans with Disabilities Act to include compensatory damages, as well as which of the following? Punitive damages in all cases Liquidated damages in some cases Liquidated damages in all cases Punitive damages in some cases
Punitive damages in some cases
An employer who seeks to comply with the Equal Pay Act can adjust the wage structure of employees performing equal work by doing which of the following? Lowering the pay of the disfavored sex Raising the pay of the favored sex Raising the pay of the disfavored sex Lowering the pay of the favored sex
Raising the pay of the disfavored sex
In intentional sex discrimination cases, the bona fide occupational qualification (BFOQ) defense is applicable to which of the following situations? Individuals are required to work for longer periods of time Specific inherent characteristics are required for the job The job position involves handling a large amount of money Organizational policies dictate hiring people of certain races
Specific inherent characteristics are required for the job
Which of the following is at the heart of sex discrimination litigation generally and does not support a bona fide occupational qualification (BFOQ) defense? Seniority Inclusivity Merit Stereotyping
Stereotyping
According to the Americans with Disabilities Act (ADA), which of the following constitute a reasonable accommodation to be made available by an employer? (Check all that apply.) Increase in wage structure Structural changes in the workplace Cancellation of preemployment tests Job restructuring
Structural changes in the workplace Job restructuring
According to the 2016 Equal Employment Opportunity Commission (EEOC) guidelines, an "English-only" rule at certain times is permissible if justified by which of the following? An exclusive corporate culture Any business reason Substantial business reasons An inclusive corporate culture
Substantial business reasons
Which of the following legislation protects individuals who are 40 years and older from employment discrimination based on their age? The Age Discrimination in Employment Act Title VII of the Civil Rights Act of 1964 The Age Discrimination Act of 1975 The Equal Pay Act
The Age Discrimination in Employment Act
Which of the following legislation protects individuals with disabilities from discrimination in employment, public accommodations, public services, transportation, and telecommunications? The Civil Rights Act of 1991 The Americans with Disabilities Act Title VII of the Civil Rights Act of 1964 The Equal Employment Opportunity Act
The Americans with Disabilities Act
Which of the following legislation was enacted in the Reconstruction Era to eliminate discrimination on the basis of race in employment, which was essentially a contractual relationship? The Civil Rights Act of 1866 The Civil Rights Act of 1964 The Rehabilitation Act of 1973 The Civil Rights Act of 1991
The Civil Rights Act of 1866
Which of the following laws extends Title VII's protection to American employees working abroad for a United States-based company or a foreign employer controlled by an American company? The Employee Non-Discrimination Act of 1984 The Civil Rights Act of 1964 The Civil Rights Act of 1991 The Employee Non-Discrimination Act of 1978
The Civil Rights Act of 1991
Which of the following laws protects United States citizens working abroad for American-owned or American-controlled companies from discrimination under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990, unless such protection would require the employer to violate the laws of its host nation? The Family and Medical Leave Act of 1993 The Workplace Democracy Act of 1999 The Civil Rights Act of 1991 The Small Business Job Protection Act of 1996
The Civil Rights Act of 1991
An employment practice will be presumed to create a disparate impact if the selection rate for any protected class is less than 80 percent of the selection rate for the group with the highest selection rate. This is known as which of the following? The moderation rule The Four-Fifths Rule A neutral employment practice A statutory defense
The Four-Fifths Rule
Which of the following legislation prohibits employers from discriminating against employees based on access to genetic information? The Rehabilitation Act of 1973 The Genetic Information Services Act The Genetic Information Nondiscrimination Act The Americans with Disabilities Act
The Genetic Information Nondiscrimination Act
Which of the following laws requires that pregnant employees be treated the same as all other employees with temporary disabilities? The Americans with Disabilities Act Executive Order 1478 The Pregnancy Discrimination Act The Family and Medical Leave Act of 1993
The Pregnancy Discrimination Act
Which of the following laws protects public sector workers with disabilities from employment discrimination? The Rehabilitation Act of 1973 The Civil Rights Act of 1991 The Equal Pay Act of 1963 The Fair Employment Act of 1941
The Rehabilitation Act of 1973
Identify a requirement that validates employee testing as a valid statutory defense against a disparate impact claim. The employer must show that the test in question was performed by a member of the same class as the plaintiff. The employer must show that the test in question is job-related and is consistent with business necessity. The employer must prove that the subject test was designed with an emphasis on protected categories of individuals. The employer must prove that the test in question is not unique in comparison with other places of employment.
The employer must show that the test in question is job-related and is consistent with business necessity.
Under which of the following defenses would an employer not be required to comply with Title VII if doing so would violate the host country's law? The global reciprocity defense The sovereign immunity defense The foreign law defense The bona fide occupational qualification (BFOQ) defense
The foreign law defense
Which of the following is one of the elements the plaintiff must prove to establish a sexual harassment claim? The harassing conduct did not alter the conditions of employment The harassing conduct was motivated by personal vengeance The harassing conduct resulted in a tangible employment action The behavior was motivated by mutual admiration for the same sex
The harassing conduct resulted in a tangible employment action
Which of the following are elements the plaintiff must prove to establish a sexual harassment claim? (Check all that apply.) The harassing conduct was unwelcome The harassing conduct was the result of antisocial desires. The harassing conduct was because of sex The behavior was motivated by animosity toward a protected class.
The harassing conduct was unwelcome The harassing conduct was because of sex
Identify the requirements for a successful disparate impact claim. (Check all that apply.) The plaintiff must prove that the employment practice or policy in question was a pretext to engage in discrimination. The plaintiff must identify the specific employment practice or policy that caused the alleged disparate impact on a protected class. The plaintiff must prove that a protected class is suffering an adverse impact because of the employment practice or policy in question. The plaintiff must prove that he or she was denied a job because of the employer's intentional discriminatory measures.
The plaintiff must identify the specific employment practice or policy that caused the alleged disparate impact on a protected class. The plaintiff must prove that a protected class is suffering an adverse impact because of the employment practice or policy in question.
Regarding disparate treatment discrimination, identify the ingredients of a plaintiff's prima facie case. (Check all that apply.) The plaintiff proving that he or she belongs to a protected class The plaintiff proving that he or she is an active member of the workforce The plaintiff proving that he or she is qualified for but was denied the job The defendant proving that the job position the plaintiff applied for was already closed The plaintiff proving that the position remained open and that the employer continued to seek applicants
The plaintiff proving that he or she belongs to a protected class The plaintiff proving that he or she is qualified for but was denied the job The plaintiff proving that the position remained open and that the employer continued to seek applicants
Identify the factors that will be used to evaluate the legality of an affirmative action plan in employment cases. (Check all that apply.) The plan is based exclusively on state anti-discrimination law. The plan is based exclusively on federal anti-discrimination law. The plan addresses a compelling interest such as remedying past or present discrimination. The plan is narrowly tailored to minimize layoffs and other burdens. The plan is temporary.
The plan addresses a compelling interest such as remedying past or present discrimination. The plan is narrowly tailored to minimize layoffs and other burdens. The plan is temporary.
Identify the factors that will be used to evaluate the legality of an affirmative action plan in employment cases. (Check all that apply.) The plan is temporary. The plan is based exclusively on federal anti-discrimination law. The plan is based exclusively on state anti-discrimination law. The plan addresses a compelling interest such as remedying past or present discrimination. The plan is narrowly tailored to minimize layoffs and other burdens.
The plan is temporary. The plan addresses a compelling interest such as remedying past or present discrimination. The plan is narrowly tailored to minimize layoffs and other burdens.
Identify the valid motivations that must be shown by plaintiffs in same-sex harassment cases. (Check all that apply.) The victim's failure to conform to sexual stereotypes Personal vengeance General attraction to members of the same sex Sexual desire
The victim's failure to conform to sexual stereotypes Sexual desire
Sex discrimination claims constituted approximately what percent of the charges filed with the Equal Employment Opportunity Commission (EEOC) from 1997 to 2019? Thirty (30) Forty-five (45) Ten (10) Twenty (20)
Thirty (30)
Which of the following types of affirmative action plans are unconstitutional? (Check all that apply.) Those based exclusively on gender Those in which quotas are involved Those justified exclusively by "societal discrimination" Those based exclusively on race
Those in which quotas are involved Those justified exclusively by "societal discrimination"
Which of the following movements has brought attention to issues of gender inequality in the workplace? Females United Time's Up Clock's Ticking Women Are Worthy
Time's Up
True or false: To avoid a disparate impact caused by employee testing, employers must evaluate an individual's skills as they relate to the relevant employment opportunity.
True
FRD claims may be based on existing statutes such as which of the following? The Family Recognition and Development Act The Family Responsibilities Discrimination Act State family anti-discrimination laws Title VII of the Civil Rights Act
Title VII of the Civil Rights Act
Which of the following forbids discrimination in employment based on race, color, religion, sex, or national origin? Title VI of the Fair Employment Act of 1941 The Age Discrimination Act of 1975 Title VII of the Civil Rights Act of 1964 Executive Order 1478
Title VII of the Civil Rights Act of 1964
Which of the following is the core of Equal Employment Opportunity (EEO) laws in the United States? Title III of the Americans with Disabilities Act of 1990 Title VII of the Civil Rights Act of 1964 Title V of the Americans with Disabilities Act of 1990 Title IV of the Employment Non-Discrimination Act of 2013
Title VII of the Civil Rights Act of 1964
Employers argue that "English only" rules are necessary for all but which of the following? To encourage congenial worker relations To maintain job safety To communicate with customers To promote an exclusive corporate culture
To promote an exclusive corporate culture
True or false: From the late 1980s to the present, a series of judicial decisions has challenged the legality of affirmative action, at least where the government is involved?
True
True or false: If an employer incorrectly assumes that an applicant has a disability and then takes discriminatory action on that basis, the employer has violated the Americans with Disabilities Act (ADA).
True
True or false: Sexual harassment includes requests for sexual favors that become a basis for employment decisions.
True
True or false: State fair employment practice agencies may serve the same function as the Equal Employment Opportunity Commission (EEOC) in enforcing discrimination laws.
True
In which of the following cases did the United States Supreme Court, in 1979, set out perhaps its most detailed "recipe" for those qualities that would allow a voluntary affirmative action plan in the private sector to withstand scrutiny? United Steelworkers of America v. the United States of America United Steelworkers of America v. Weber Johnson v. Transportation Agency Weber v. Transportation Agency
United Steelworkers of America v. Weber
In Johnson v. Transportation Agency, the United States Supreme Court approved the extension of affirmative action to which of the following? Disabled people Blacks only Women Minorities
Women
An employee provides the recording of a company president's remark that women are not competent enough to do a particular job. This is an example of _____ evidence of discrimination. unconstitutional secondary corollary direct
direct
According to Title VII of the 1964 Civil Rights Act, claims arising from unintentional discrimination where an employment practice seems neutral but adversely affects a particular group under a protected category more than it affects other groups are known as which of the following types of claims? harassment disparate impact negligence disparate treatment
disparate impact
According to Title VII of the 1964 Civil Rights Act, an intentional act of discrimination by an employer who has purposefully treated an employee less favorably because of his or her race, color, religion, gender, or national origin is addressed by which of the following types of claims? harassment adverse impact disparate impact disparate treatment
disparate treatment