Exam 13: civil rights and employment discrimination

Denial of promotion in retaliation for a person's refusal to respond to his or her supervisor's sexual advances is referred to as ________ harassment.

Describe the two types of sexual harassment and what an employee must show to recover.What steps should an employer take to minimize the likelihood of a successful sexual harassment suit? Discuss fully.

Bob,age 60,works at Big Company as an assistant manager and has been approached by his supervisor,Sue,on several occasions for a date.She makes lewd and inappropriate comments to him that are very embarrassing.Bob complained to Selina,the president of Big Company,but no action was taken.In fact,Selina told him that he should feel lucky that Sue was interested in an old guy like him and proceeded to tell several jokes involving age and sexual performance.Again,Bob was humiliated and embarrassed.Bob complained to the Equal Employment Commission regarding what he believed was inappropriate conduct involving the requests for dates,and references to sex and age.Selina was told by the Commission representative that she needed to put a stop to inappropriate behavior.A few days later,Bob was told that he was being demoted.He was replaced by a 25 year old female.What causes of action,if any,would Bob have?

Which of the following will a court consider in determining whether there is a hostile or abusive environment?

An employee may use the Family and Medical Leave Act for

The _________ establishes minimum standards for employees who waive their rights under the Age Discrimination in Employment Act.

A claim for sexual harassment may be asserted by either male or female employees.

Carl is an engineer.Recently he applied for one of ten new positions at Space Co.,Inc.Space Co.is hiring in anticipation of their first large government contract.Carl did not receive a job offer.Carl has learned that Space Co.has a practice of giving preference to minority applicants.He sues for reverse discrimination.Set forth the following: (1)the executive order that would be applicable (2)what it provides (3)the standard of review applied to affirmative action plans,and (4)any additional information that would be helpful in determining if Space Co.,Inc.violated the law.

Affirmative action obligations do not normally apply to

It is not necessary to prove intentional discrimination to prevail in a disparate impact case.

To prove disparate impact,the plaintiff must demonstrate that the specific employment practice,policy,or rule being challenged has caused a statistically significant ________ effect on different groups.

Title VII provides that an employer may lawfully hire an individual on the basis of religion,sex,or national origin if religion,sex,or national origin is a bona fide occupational qualification.

In a job application for employment,a weight requirement may be valid if its purpose can be justified as a ________ by the employer.

Fact pattern 13-1 Sam,who is age 60,was told by Big Company that he was being laid off.Sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act.Sam believed that his age was a factor in the decision to lay him off; but he really needed the money,so he signed an agreement whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age discrimination.Sam was given seven days to consider whether to enter into the agreement,and the agreement provided that it was final the date it was signed. -Refer to fact pattern 13-1.Did the agreement Sam signed comply with the Older Workers' Benefit Protection Act?

What is the major provision of the Equal Pay Act of 1963?

To prevail on a claim for retaliation,a plaintiff does not need to prevail on his or her Title VII discrimination claim.

Fact pattern 13-1 Sam,who is age 60,was told by Big Company that he was being laid off.Sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act.Sam believed that his age was a factor in the decision to lay him off; but he really needed the money,so he signed an agreement whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age discrimination.Sam was given seven days to consider whether to enter into the agreement,and the agreement provided that it was final the date it was signed. -Refer to fact pattern 13-1.Does Sam have any rights to sue Big Company for age discrimination?

Which of the following is true regarding Japan's discrimination protection?

Under the Americans with Disabilities Act (ADA)a person who is only regarded as having an impairment that substantially limits one or more of that person's major life activities cannot qualify as disabled.

Many states have passed their own fair employment acts.