keywords:
Bookmark and Share



Front Back
An employer’s discrimination against job applicants or employees on cer­tain grounds may violate federal law.
true
The Civil Rights Act of 1964 does not prohibit job discrimination in the hiring process.
false
Disparate-impact discrimination occurs when a protected group of peo­ple is adversely affected by an employer’s practices, even though they do not appear to be discriminatory.
true
Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.
true

making out a prima facie case of discrimination means that the palintiff has met her initial burden of proof and will win unless the employer can present a legally acceptable defense.
The Civil Rights Act of 1964 does not protect against reverse discrimination.
it protects against reverse discrimination, that is, discrimination against majority group individuals, such as white males.
Employers can treat their employees more or less favorably based on their religious beliefs or practices.
false

it is prohibited
Federal law does not prohibit discrimination on the basis of gender in as­sessing an employee’s education, training, or experience.
false
A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.
false
An employee’s resignation must be the foreseeable result of an em­ployer’s discriminatory action to support a showing of constructive discharge.
true
A tangible employment action is a significant change in employment status or benefits.
true

afor an employer to be held liable for a supervisors sexual harassment, the supervisor normally must have taken a tangible employment action against the employee. A tangible employment action is a significant change in employment status or benefits, such as when an employee is fired usw.
Protection against retaliation under the Civil Rights Act of 1964 does not extend to an employee who speaks out about discrimination on his or her own initiative.
false
When the harassment of co-workers creates a hostile working environ­ment, an employee may have a cause of action against the employer.
true
Protection against discrimination under the Civil Rights Act of 1964 does not extend to situations in which individuals are harassed by mem­bers of the same gender.
false

Under the Age Discrimination in Employment Act of 1967, the plaintiff needs to show only that the employer was motivated in part by unlawful discrimination.
false

under the ADEA in contrast a plaintiff must show that the unlawful discrimination was not just a reason but the reason for the adverse employment action.
Under the Age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person “outside the pro­tected class.”
false

a plaintiff must prove only that the discarge was motivated by age bias. The plaintiff does not need to prove that she or he was replaced by a person "outisde the protected class".
State employers are not immune from private suits brought by employ­ees under the Age Discrimination in Employment Act of 1967.
 
false

generally, the states are immune under the Eleventh amendment from lawsuits brought by private individuals in federal court - unless a state consents to the suite.
Employers can consider mitigating measures or medications when de­termining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990.
false

It is prohibited for employers from considering mitigation measures or medication when determining if an individual has a disbility.
The Americans with Disabilities Act of 1990 requires that employers ac­commodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work
false

The ADA does not require that employers accomodate the needs of job applicants or emplyees with disabilities who are not otherwise qualified for the work.
Employers who do not accommodate the needs of persons with disabili­ties must demonstrate that the accommodations would cause undue hardship.
true
An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a busi­ness necessity.
true
Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws re­strict the ability of employers to discriminate against workers on the basis of
a.         experience.
b.         gender.
c.         intelligence.
d.         skill.
 
b.         gender.
Nina is a Jew and Odell is a college student. Based on this information, members of protected classes include
a.         neither Nina nor Odell
b.         Nina and Odell.
c.         Nina only.
d.         Odell only.
c.         Nina only.
Dakota believes that Credit Services Corporation (CSC) has dis­crimi­nated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act of 1964. To es­tablish a prima facie case of em­ployment discrimi­nation, Dakota must show that
a.         she is a member of a protected class
b.         CSC has no legal defenses against the claim.
c.         discriminatory intent motivated CSC’s act.
d.         no other firm in CSC’s industry has committed a discriminatory act.
a.         she is a member of a protected class.
 
prima facie case
making out a prima facie case of discrimination means that the
Olivia applies for a job with Petro Company. Petro does not hire Olivia because of her ethnicity, or national origin. This is
a.         reverse discrimination.
b.         disparate-impact discrimination.
c.         disparate-treatment discrimination.
d.         not discrimination.
c.         disparate-treatment discrimination.   intentional discrimination by an employer against an employee is known as disparate treatment discrimination. To be able to sue, one must show the following: be a member of a protected gorup, was qualified for the job, was rejected by the employer, employer continued to seek applicants after she was rejected
Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well quali­fied. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Erasmus is rejected. Drain-Pro continues to seek applicants.
 
A5.      Refer to Fact Pattern 22-1A. Erasmus files a suit against Drain-Pro un­der the Civil Rights Act of 1964, claiming reverse discrimination. To support this claim, Erasmus must show that he is a member of
a.         a protected class
b.         a majority group.
c.         an employers’ association.
d.         a union.
b.         a majority group.
 
reverse discrimination: discrimination against majority group individuals, such as white males.
Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well quali­fied. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Erasmus is rejected. Drain-Pro continues to seek applicants.
Refer to Fact Pattern 22-1A. To successfully defend itself against Erasmus’s suit, Drain-Pro must articulat
a.         a legitimate, nondiscriminatory reason for its action
b.         a mere fear that it would be sued if it used the test results.
c.         a pretext for its action.
d.         a discriminatory basis for its action.
            a.         a legitimate, nondiscriminatory reason for its action.
Conrad and Delilah are employees of AgriBio Feed & Seed Corporation. Under the Equal Pay Act of 1963, AgriBio can legitimately pay different wages on the basis of
a.         seniority.
b.         job descriptions.
c.         substantial equality of skill, effort, and responsibility.
d.         gender.
a.         seniority.
Greta is the only female employee in the maintenance department of Hydro Hydraulics Inc. Greta’s supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is
a.         a constructive discharge on the basis of gender discrimination.
b.         a harassing discharge on the basis of treatment discrimination.
c.         a voluntary discharge on the basis of impact discrimination.
d.         not a discharge or discrimination.
a.         a constructive discharge on the basis of gender discrimination.   constructive discharge: occurs when the eomplyoer cuases the employees working conditions to be so intoerlable that a resonable person in the employees position would feel compelled to quit.
Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs em­ployee. The owner announces that some em­ployees will be discharged. Ruth tells Tim that if he has sex with her, he can keep his job. This is
a.         harassment on the basis of sexual orientation.
b.         not harassment.
c.         quid pro quo harassment.
d.         same-gender harassment.
c.         quid pro quo harassment.   quid pro quo: harassment and hostile environment harassment. quid pro quo is a lating phrase that is often translated as "something in exchange for something else". it occurs when sexual favors are demanded in return fr job opportunities, promotions, etc.
Fix-It Repair Shop does not take any action to prevent sexual harass­ment of its employees. Fix-It Repair may be liable for such harassment by   a.         an employee’s previous employer. b.         a customer or a co-worker. c.         an employee’s spouse. d.         none of the choices.
b.         a customer or a co-worker.   suppose that gordon, who owns and manges a restaurant, knows that one of his regualr customers, dean, repeatedly harasses sharon, a wiatress. If Gordon does nothing and permits the harassment to continue, he may be liable under the Title VII even tough Dean is not an employee of the restaurant
Cora, a female, and Dom, a male, are employees of Equipment Leasing Corporation. Cora regularly e-mails sexually explicit images to Dom via Equipment Leasing’s computer network. Dom finds this offensive. This is
a.         hostile-environment harassment.
b.         not harassment or any form of discrimination.
c.         quid pro quo harassment.
d.         reverse discrimination.
a.         hostile-environment harassment.   Racial jokes, ethnic slurs, or other comments contained in email, text or instatn messages, and blog postst can become the basis for a claim of hostile environment harassment or other form of discrimination.
Mona files an employment discrimination suit against Nationwide Distribution Corporation (NDC) under the Civil Rights Act of 1964. If Mona shows that NDC acted with malice (absicht) or reckless indifference, she may recover
a.         an unlimited amount of compensatory and punitive damages.
b.         a limited amount of compensatory and punitive damages.
c.         neither compensatory nor punitive damages.
d.         compensatory or punitive damages, but not both.
b.         a limited amount of compensatory and punitive damages.
Pikabo files an employment discrimination suit against Quantitative Analysis, Inc., under the Civil Rights Act of 1964, based on its discharge of Pikabo. Possible relief includes
a.         imprisonment.
b.         reinstatement.
c.         fines.
d.         an order to shutdown the employer’s business.
            b.         reinstatement.   employer liability under Title VII may be extensive. If the plaintiff successfully proves that unlawful discrimination occurred, he or she may be awarded reinstatment, back pay, retroactive promotions, and damages.
United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files a suit against United under the Age Discrimination in Employment Act of 1967. To establish a prima facie case, Vera must show, among other things, that she is
a.         deserving of higher pay than Wendy.
b.         generally more dependable than Wendy.
c.         older than Wendy.
d.         qualified for the position.
d.         qualified for the position.
 
to establish a prima facie case, the palintiff must show that she or he
1. was a member of the protected age group
2. was qualified for the position form which she or he was discharged
3. was discharged becasue of age discrimnation
Eton files a suit in a federal district court against Florida, alleging em­ployment discrimina­tion under the Age Discrimination in Employment Act of 1967. The state asks the court to dismiss the suit. The court is most likely to rule that
a.         the state is immune from the suit.
b.         the suit can proceed.
c.         Eton is immune from any defense the state might offer.
d.         the court is immune from such request.
a.         the state is immune from the suit.
Paolo has cerebral palsy, Quincy has kleptomania, and both work for Reality Insurance Company. Considered disabled under the Americans with Disabilities Act
a.         are Paolo and Quincy.
b.         is Paolo only.
c.         is Quincy only.
d.         is neither Paolo nor Quincy.
b.         is Paolo only.
 
 
Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC’s building, Beth finds it nearly im­possible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability.
 
A17.    Refer to Fact Pattern 22-2A.  To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that
a.         Beth consistently met the essential requirements of her job.
b.         COC refused to make reasonable accommodation for Beth.
c.         Dian is unqualified for Beth’s position.
d.         the doors were installed as an act of intentional discrimination.
b.         COC refused to make reasonable accommodation for Beth.
Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC’s building, Beth finds it nearly im­possible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability.
Refer to Fact Pattern 22-2A.  To successfully defend against Beth’s claim, COC will have to show that
a.         Beth consistently failed to meet the essential requirements of her job.
b.         COC cannot make changes to the doors without undue hardship.
c.         Dian is qualified for Beth’s position.
d.         the doors were not installed as an act of intentional discrimination.
b.         COC cannot make changes to the doors without undue hardship.
Vincenzo is a pilot for Wayfarer Airlines. Wayfarer’s policy is to restrict Vincenzo and its other pilots from flight responsibilities after a certain age. This is most likely
a.         a legitimate bona fide occupational qualification.
b.         discrimination on the basis of age.
c.         association discrimination.
d.         discrimination on the basis of disability.
a.         a legitimate bona fide occupational qualification.
 
another defense applies hwne discrimination against a protected class is essential to a job - tha is, when a particular trais is a bona fide occupational qualification. Generally, courts have restricted the BFOQ defense to instances in which the employees gender or religion is essential to the job. For exmaple, a womens clothing store might legitimately hire only female salepersons if part of a salespersons job involves assisting cliets in the stores dressing rooms.
Jason and Katrina work on the loading dock for Longhaul Transport Company. Jason has a disability. Katrina has seniority. Jason asks for a transfer, which would represent an accommodation for his disability. Longhaul gives the transfer to Katrina on the basis of her seniority. Jason files a suit against Longhaul for discrimination on the basis of his disability. The court is most likely to rule that
a.         Katrina’s seniority is a good defense.
b.         Jason’s disability is a sufficient basis for relief.
c.         Longhaul’s action was a business necessity.
d.         Longhaul’s action was a reasonable accommodation.
a.         Katrina’s seniority is a good defense.
x of y cards