Exam 36: Equal Opportunity in Employment

The Americans with Disabilities Act has resulted in a large number of claims filed by persons claiming to be covered under the Act for conditions such as a weak back.Who did the United States Congress intend to protect by way of its passage of the Americans with Disabilities Act in 1990? Is the Act being abused? If so,how can this abuse be reduced?

To be successful in a disparate impact case,the employer's intent to discriminate must be proven.

Starting in the 1930s,the United States Congress began enacting a comprehensive set of federal laws that eliminated major forms of employment discrimination.

In a Title VII case,a court can award punitive damages to the plaintiff if the employer negligently disregarded the plaintiff's federally protected rights.

Which of the following is a correct statement regarding the legal requirements for a bona fide occupational qualification?

A policy that applies equally to members of both sexes can violate Title VII because of its overall impact on a particular gender.

Title VII of the Civil Rights Act of 1964 prohibits two (2)major forms of employment discrimination: disparate treatment discrimination and disparate impact discrimination.

Learned University is an exclusive Boston-area university.The private school admitted only women until 1990,when it became a coeducational institution.Two of the factors contributing to the school's success and reputation have been its focus on student service,and hiring only its own graduates whenever possible.The school has tripled in size since it became a coeducational institution.Because of the increased number of graduates available to work,the school has made being a graduate of its institution a requirement for most of its positions.Discuss the employment discrimination aspects of this policy.

According to the Lilly Ledbetter Fair Pay Act of 2009,a plaintiff can file a claim against an employer within 180 days of the most recent paycheck violation.

The United States Supreme Court has held that sexual harassment that creates a hostile work environment violates Title VII of the Civil Rights Act of 1964.

Title VII of the Civil Rights Act of 1964 applies to all employers,regardless of the number of employees.

Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face,but is shown to cause an adverse impact on a protected class.

A thirty-five-year-old employee who is fired because his employer incorrectly believes he is too old to do his job does not have a valid age discrimination claim under the Age Discrimination in Employment Act.

Under the Lilly Ledbetter Fair Pay Act of 2009,the EEOC has the opportunity to sue the employer on the complainant's behalf.

Which of the following are protected classes under Title VII of the Civil Rights Act of 1964?

In addition to not discriminating on the basis of religion in its hiring practices,an employer is required to:

Under Title VII of the Civil Rights Act of 1964,employers must accommodate all religious observances of their employees.

The Age Discrimination in Employment Act applies only to employees who are fifty years old or older.

United States citizens employed by U.S.-controlled companies in foreign countries are covered by Title VII of the Civil Rights Act of 1964.

The Lilly Ledbetter Fair pay Act of 2009 affirmed the United States Supreme Court decision in Ledbetter v.Goodyear Tire & Rubber Co.,Inc.