Exam 36: Equal Opportunity in Employment

The key in determining whether the Equal Pay Act applies to two workers is if their jobs are equal and similar.

The Americans with Disabilities Act provides significant legal protections in addition to protection from employment discrimination.

Under the Equal Pay Act of 1963,what must be shown for the law to apply and require equal pay for two jobs?

Merely being regarded as disabled is sufficient to invoke the protections of the Americans with Disabilities Act.

Title II of the Genetic Information Nondiscrimination Act (GINA)makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.

Suppose a qualified African-American applies for a particular job and is rejected for that job simply because of his race.Assume further that the employer keeps the position open and hires an equally-qualified white person.This would be a case of which of the following types of discrimination?

Race and color are separate protected classes under Title VII of the Civil Rights Act of 1964.

Since it is not a private party,the EEOC cannot seek injunctive relief.

If a state has a Fair Employment Practice Agency (FEPA),to complainant may file his or her claim with the FEPA instead of the EEOC.

Age is not a protected class under Title VII.

Cindy is thirty-six years old,and she works as a sales representative for a small manufacturer.Cindy and her husband have been married for twelve years.They have no children,because initially they wanted to establish their careers before taking on the obligations of raising a family.Cindy has been trying to get pregnant for approximately two years,without success.Cindy feels that she needs to reduce her working hours in order to reduce her stress level,and thereby increase her ability to get pregnant.Cindy currently works about sixty hours per week,and she wants to reduce her hours to about forty hours per week.Cindy's employer refuses to change her responsibilities,but her employer will allow her to work fewer hours per week,provided that she completes all of her work.Cindy tries to accomplish her work in fewer hours per week,and has some success,reducing her average workweek to approximately fifty hours.However,she still does not get pregnant,and she becomes depressed as a result.She tells a co-worker about the depression,and news of this reaches Cindy's supervisor.Her supervisor quits,but does tells the personnel manager about Cindy's depression before he leaves.Cindy is eligible for promotion to her supervisor's position.The personnel manager does not promote Cindy,because he believes that all depressed persons are incapable of working.In fact,Cindy began taking medication that is addressing her depression favorably to the point that it is not affecting her work at all.Cindy brings a claim under the Americans with Disabilities Act on the grounds that her inability to get pregnant is a covered disability.She also sues over being denied the promotion.Discuss the strengths and weaknesses of Cindy's case.

Race is considered a bona fide occupational qualification for certain positions.

Disparate impact discrimination occurs when an employer discriminates against an entire protected class.

Which is true about the two kinds of discrimination that are actionable under Title VII?

Disparate treatment discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race,color,national origin,sex,or religion.

To be lawful,an affirmative action plan must be narrowly tailored to achieve some compelling interest.

Punitive damages are not recoverable for violations of Title VII.

To prove a disparate impact discrimination case,the complainant must prove that (1)he or she belongs to a Title VII protected class,(2)he or she applied for and was qualified for the employment position,(3)he or she was rejected despite this,and (4)the employer kept the position open and sought applications from persons with the complainant's qualifications.

Your university's police/security force requires that all officers be six feet tall or taller,and one hundred and ninety pounds or heavier.This requirement creates:

The Equal Employment Opportunity Commission is empowered to conduct investigations,interpret the antidiscrimination statutes,encourage conciliation between employees and employers,and bring suits to enforce the law.