Question 1

Courts have held that sex-plus discrimination violates Title VII of the Civil Rights Act of 1964.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following is true of the EEOC?

Accepted Answer

A)  It can seek injunctive relief. 
B)  Its members are elected from state legislatures. 
C)  Its jurisdiction is limited to charges of racial discrimination. 
D)  A person should file a complaint with EEOC after filing a discriminatory lawsuit against the employer. 
A)  It can seek injunctive relief. 
B)  Its members are elected from state legislatures. 
C)  Its jurisdiction is limited to charges of racial discrimination. 
D)  A person should file a complaint with EEOC after filing a discriminatory lawsuit against the employer.

Question 3

Showing a statistical disparity between the percentages of protected class employees and the percentage of the population that the protected class makes within the surrounding community is enough to prove disparate-impact discrimination.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following statements is true of the Lilly Ledbetter Fair Pay Act of 2009?

Accepted Answer

A)  It provides that each discriminatory pay decision restarts the statutory 180-day clock. 
B)  It provides that a court can award back pay for up to five years preceding the filing of the claim. 
C)  It directs the court to issue a right to sue letter if the EEOC chooses not to bring an action against an employer. 
D)  It forbids employment discrimination because of pregnancy, childbirth, or related medical conditions. 
A)  It provides that each discriminatory pay decision restarts the statutory 180-day clock. 
B)  It provides that a court can award back pay for up to five years preceding the filing of the claim. 
C)  It directs the court to issue a right to sue letter if the EEOC chooses not to bring an action against an employer. 
D)  It forbids employment discrimination because of pregnancy, childbirth, or related medical conditions.

Question 5

The Americans with Disabilities Act does not consider ________ as a disability to be considered for employment qualification.

Accepted Answer

A)  common influenza 
B)  blindness 
C)  muscular dystrophy 
D)  autism 
A)  common influenza 
B)  blindness 
C)  muscular dystrophy 
D)  autism

Question 6

Title I of the Americans with Disabilities Act covers employers with less than 15 employees.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is true of the Age Discrimination in Employment Act (ADEA)?

Accepted Answer

A)  Private plaintiffs cannot sue under the ADEA. 
B)  Persons under 40 are not protected by the ADEA. 
C)  Employees need to be a minimum of 55 years of age to be protected by the ADEA. 
D)  Discrimination in certain employment decisions, like hiring, is permitted under the ADEA. 
A)  Private plaintiffs cannot sue under the ADEA. 
B)  Persons under 40 are not protected by the ADEA. 
C)  Employees need to be a minimum of 55 years of age to be protected by the ADEA. 
D)  Discrimination in certain employment decisions, like hiring, is permitted under the ADEA.

Question 8

The ________ is a federal statute that prohibits age discrimination practices against employees who are 40 years and older.

Accepted Answer

A)  FEPA 
B)  OWBPA 
C)  ADEA 
D)  EEOC 
A)  FEPA 
B)  OWBPA 
C)  ADEA 
D)  EEOC

Question 9

Which of the following elements constitutes an affirmative defense by an employer whose employee has suffered sexual harassment at the workplace?

Accepted Answer

A)  The plaintiff-employee was harassed by other employees who are no longer employed by the employer. 
B)  The employer had no knowledge about the sexual harassment faced by the plaintiff-employee until a court notice was served on the employer. 
C)  The plaintiff-employee failed to take advantage of any preventive or corrective opportunities provided by the employer. 
D)  The plaintiff-employee misinterpreted words or actions by the employer or his employees which were not intended to cause sexual harassment. 
A)  The plaintiff-employee was harassed by other employees who are no longer employed by the employer. 
B)  The employer had no knowledge about the sexual harassment faced by the plaintiff-employee until a court notice was served on the employer. 
C)  The plaintiff-employee failed to take advantage of any preventive or corrective opportunities provided by the employer. 
D)  The plaintiff-employee misinterpreted words or actions by the employer or his employees which were not intended to cause sexual harassment.

Question 10

How can an individual assert that he or she has been discriminated with disparate treatment by an employer?

Accepted Answer

Disparate-treatment discrimination occur

Question 11

How can an employer prove an affirmative defense if he is held vicariously liable for an employee's harassment by a supervisor?

Accepted Answer

If a supervisor harasses an employee but

Question 12

Title VII of the Civil Rights Act of 1964 applies to ________.

Accepted Answer

A)  employers with 15 or more employees 
B)  tax-exempt private clubs 
C)  Native American tribes 
D)  labor unions with less than five members 
A)  employers with 15 or more employees 
B)  tax-exempt private clubs 
C)  Native American tribes 
D)  labor unions with less than five members

Question 13

Under Title VII,an employer is under a duty to reasonably accommodate the religious beliefs of its employees if doing so does not cause an undue hardship on the employer.

Accepted Answer

A) True 
 B)False

Question 14

When a supervisor harasses an employee by causing a tangible employment action,the employer can raise a defense to avoid liability.

Accepted Answer

A) True 
 B)False

Question 15

Discuss with an example how discrimination of a protected class other than race or color is permitted.

Accepted Answer

Discrimination based on protected classe

Question 16

An employer must not base an employment decision on an employee's foreign accent in spite of it being a hindrance to the employee's job performance.

Accepted Answer

A) True 
 B)False

Question 17

Using a sexually explicit picture or screensaver to mock an employee constitutes ________.

Accepted Answer

A)  gender discrimination 
B)  quid pro quo sex discrimination 
C)  sexual harassment 
D)  physical abuse 
A)  gender discrimination 
B)  quid pro quo sex discrimination 
C)  sexual harassment 
D)  physical abuse

Question 18

If an employer refuses to hire or promote all persons of a racial class,then the company has engaged in employment discrimination in violation of Title VII.

Accepted Answer

A) True 
 B)False

Question 19

An employer pays higher wages to Shelly-who has worked with the company for six years-than Samuel,who holds a similar position to Shelly and performs the same functions as her,and has worked with the company for only five and a half years.Which of the following is true of this case?

Accepted Answer

A)  The employer has violated the Fair Employment Practices Act. 
B)  The employer is liable for disparaged-treatment discrimination. 
C)  The employer is liable for disparaged-impact discrimination. 
D)  The employer has not violated the Equal Pay Act. 
A)  The employer has violated the Fair Employment Practices Act. 
B)  The employer is liable for disparaged-treatment discrimination. 
C)  The employer is liable for disparaged-impact discrimination. 
D)  The employer has not violated the Equal Pay Act.

Question 20

Which of the following is true of the Equal Pay Act?

Accepted Answer

A)  It protects both sexes from pay discrimination based on gender. 
B)  Federal workers are covered under the Equal Pay Act. 
C)  Employees cannot bring a private cause of action against an employer for violating the Equal Pay Act. 
D)  An employer who has violated the Equal Pay Act must lower the wages of employees whose wages had been increased. 
A)  It protects both sexes from pay discrimination based on gender. 
B)  Federal workers are covered under the Equal Pay Act. 
C)  Employees cannot bring a private cause of action against an employer for violating the Equal Pay Act. 
D)  An employer who has violated the Equal Pay Act must lower the wages of employees whose wages had been increased.

Exam 36: Equal Opportunity in Employment

Courts have held that sex-plus discrimination violates Title VII of the Civil Rights Act of 1964.

Which of the following is true of the EEOC?

Showing a statistical disparity between the percentages of protected class employees and the percentage of the population that the protected class makes within the surrounding community is enough to prove disparate-impact discrimination.

Which of the following statements is true of the Lilly Ledbetter Fair Pay Act of 2009?

The Americans with Disabilities Act does not consider ________ as a disability to be considered for employment qualification.

Title I of the Americans with Disabilities Act covers employers with less than 15 employees.

Which of the following is true of the Age Discrimination in Employment Act (ADEA)?

The ________ is a federal statute that prohibits age discrimination practices against employees who are 40 years and older.

Which of the following elements constitutes an affirmative defense by an employer whose employee has suffered sexual harassment at the workplace?

How can an individual assert that he or she has been discriminated with disparate treatment by an employer?

How can an employer prove an affirmative defense if he is held vicariously liable for an employee's harassment by a supervisor?

Title VII of the Civil Rights Act of 1964 applies to ________.

Under Title VII,an employer is under a duty to reasonably accommodate the religious beliefs of its employees if doing so does not cause an undue hardship on the employer.

When a supervisor harasses an employee by causing a tangible employment action,the employer can raise a defense to avoid liability.

Discuss with an example how discrimination of a protected class other than race or color is permitted.

An employer must not base an employment decision on an employee's foreign accent in spite of it being a hindrance to the employee's job performance.

Using a sexually explicit picture or screensaver to mock an employee constitutes ________.

If an employer refuses to hire or promote all persons of a racial class,then the company has engaged in employment discrimination in violation of Title VII.

An employer pays higher wages to Shelly-who has worked with the company for six years-than Samuel,who holds a similar position to Shelly and performs the same functions as her,and has worked with the company for only five and a half years.Which of the following is true of this case?

Which of the following is true of the Equal Pay Act?

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