Exam 13: civil rights and employment discrimination

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Which of the following was the result in EEOC v.Abercrombie & Fitch Stores,Inc.,the case in the text involving whether a clothing retailer whose image is based on the look of its sales personnel,was required to make an exception for a potential employee who for religious reasons insisted on wearing a head scarf inconsistent with the company's dress code?

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D

If two individuals aged 25 and 35 apply for the same position,under federal law the employer may not lawfully reject either applicant on the basis of age.

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Verified

False

The ________ is the primary enforcer of civil rights legislation in the United States.

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Verified

C

Federal legislation to amend Title VII to include sexual orientation has not been enacted.

(True/False)
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A majority of the federal courts of appeals have struck down claims for hostile work environment in so-called paramour cases where coworkers have claimed that an employee has received preferential treatment by a supervisor has a result of having sexual relations with the supervisor.

(True/False)
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Which of the following is true regarding India's discrimination protection?

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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.

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Under federal law,individuals under the age _____ have no protection from discrimination based on age.

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Trudy,a female manager at ABC Company,was surprised to learn that one of her male employees had accused her of sexual harassment. Trudy denied all charges. After a long and expensive battle in court,the jury ruled in favor of ABC Company on all charges. A few days after the trial,Trudy's supervisor fired her for no apparent reason. Trudy obtained evidence in the form of interoffice memos that she was fired because of the charges brought against her. Trudy thought that was unfair because she was completely vindicated by the jury. Are any remedies available to her under Title VII?

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Miranda is a cashier at Super Store. Saturday is their busiest day. She tells her supervisor Sam that she needs to be off every Saturday because that is the religious holiday for the religion to which she has recently converted. What are Sam's obligations to Miranda?

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The federal statutes on race,gender and employment discrimination apply both to employees and independent contractors.

(True/False)
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Which of the following is true regarding Japan's discrimination protection?

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

(True/False)
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What is the major provision of the Equal Pay Act of 1963?

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The principal federal law prohibiting discrimination in employment on the basis of age is

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A plaintiff claiming disparate impact discrimination based on sex must prove that the employer intentionally discriminated against him or her by denying a benefit or privilege of employment (such as a promotion or pay raise)based upon the individual's sex.

(True/False)
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An employee may use the Family and Medical Leave Act for

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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?

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In quid pro quo sexual harassment cases and hostile environment cases,the employer is always vicariously liable under the ______ standard when a supervisor takes a tangible employment action against a subordinate.

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

(True/False)
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