Exam 36: Equal Opportunity in Employment

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The Age Discrimination in Employment Act makes it illegal for employers to:

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The Equal Pay Act of 1963 prevents discrimination on the basis of:

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What was the result in National Association for the Advancement of Colored People,Newark Branch v.Town of Harrison,New Jersey,involving a claim that a residency requirement for employment violated Title VII,in that it had a disparate impact on African-Americans?

(Multiple Choice)
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Employment laws have been narrowly interpreted by the federal courts,particularly the United States Supreme Court.

(True/False)
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Which of the following items can legally justify paying unequal wages based on gender?

(Multiple Choice)
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Under the Lilly Ledbetter Fair Pay Act of 2009,if the EEOC chooses not to bring suit against the employer on the complainant's behalf,it will issue a "right to sue" letter to the complainant.

(True/False)
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Joe owns a health spa that caters to an exclusive clientele.He loves and tolerates all people,but most of his customers are racists and bigots,and he has often heard his customers make negative remarks about blacks and Jews.Joe needs a receptionist,so he calls the Jobs-for-All employment agency and asks for some applicants to interview.He is worried about customer perceptions of his employees (and the resulting impact such perceptions might have on his profit,)so as he describes the required applicant qualifications,he instructs the manager at Jobs-for-All not to bother sending over any blacks or Jews,because he will not consider them.Even though they have a number of blacks and Jews highly-experienced and qualified for the job,Jobs-for-All sends only non-Jewish white women Has Joe and/or the employment agency violated Title VII?

(Essay)
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The local police department gives a detective test.Everyone who takes the test must have been a police officer for at least five years.The people taking the exam are rated from highest to lowest based on their test scores.If a detective position becomes available,it is filled on the basis of who has the highest score.Which of the following statements best describes this practice?

(Multiple Choice)
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Tom and Jerry both work for Solid Wheels,a full service local bike shop,as bicycle repairmen.Solid Wheels is a small incorporated business with twenty-one employees.Tom is an alcoholic who tries hard to hide his problem.Jerry is a former drug addict who has undergone treatment,but he still has occasional problems with Hallucinogen Persisting Perception Disorder,commonly called "flashbacks," even though he has not used a recreational drug in eight years.Both have approached Mario,the company owner,and have asked for accommodations under the Americans with Disabilities Act.Does the Americans with Disabilities Act apply? Are Tom and Jerry "disabled," and therefore within the scope and coverage of the Americans with Disabilities Act? What must Mario do,if anything,to comply with the Act?

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Under the Americans with Disabilities Act,an employer is under an obligation to make a(n)________ to accommodate an employee's disability.

(Multiple Choice)
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Same-sex discrimination and harassment violates Title VII.

(True/False)
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What is the primary purpose of affirmative action,and how does it work?

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Title VII's prohibition against gender discrimination applies equally to men and women.

(True/False)
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The courts have held that if an affirmative action plan is based on pre-established numbers of percentage quotas for hiring or promoting minority applicants,then it causes illegal retaliatory discrimination.

(True/False)
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Zora is a manager in an accounting firm.She enjoys flirting with the male accountants who are under her supervision.She also enjoys going out on dates with them.Her company,"Accounting Is Our Game," has a policy prohibiting sexual harassment.The company's policy provides that complaints should be made to the company president,Cory.Donnie,an accountant under Zora's supervision,rebuffs her advances and denies her request for a date.After Donnie refuses to go out with her,Zora increases her practice of telling sexually-oriented jokes in his presence,and makes fun of him in front of co-workers because he refuses her advances.Donnie is not aware of the company's anti-sexual harassment policy.Although it is on file,he has never received a copy of the policy.Donnie is not psychologically-distressed over the matter,but he is tired of Zora's conduct.He files a complaint in federal court against Zora pursuant to Title VII.Zora's defense is that Donnie's pay was never reduced,he experienced no psychological injury,and he never complained under company policy.Discuss the merits of his case.

(Essay)
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Whenever an employer enforces an employment policy that discriminates against one or more protected classes,that policy will be automatically considered illegal and unenforceable.

(True/False)
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Title VII applies to hiring and firing,but not to other aspects of employment.

(True/False)
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Often,disparate impact discrimination is proven through statistical data about the employer's employment practices.

(True/False)
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The members of the Equal Employment Opportunity Commission are appointed by the United States Senate.

(True/False)
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The Equal Pay Act was originally written to prohibit racial discrimination in pay.

(True/False)
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