Question 1

Which of the following is generally true regarding front pay in discrimination cases?

Accepted Answer

A)  It is a substitute for back pay. 
B)  It is equal to one-half the back pay amount. 
C)  It is a substitute for back pay and is generally awarded in addition to reinstatement. 
D)  It is equal to what the employee would have received had he or she not been discharged and is generally awarded when reinstatement is inappropriate. 
A)  It is a substitute for back pay. 
B)  It is equal to one-half the back pay amount. 
C)  It is a substitute for back pay and is generally awarded in addition to reinstatement. 
D)  It is equal to what the employee would have received had he or she not been discharged and is generally awarded when reinstatement is inappropriate.

Question 2

What is the major provision of the Civil Rights Act of 1866 (Section 1981)?

Accepted Answer

A)  It prohibits racial discrimination by employers of over 50 employees in the making and enforcement of contracts, including employment contracts. 
B)  It prohibits racial discrimination by employers of any size in the making and enforcement of contracts, excluding employment contracts. 
C)  It prohibits racial discrimination by employers of any size in the making and enforcement of contracts, including employment contracts. 
D)  It prohibits racial discrimination by employers of over 25 employees in the making and enforcement of contracts, including employment contracts. 
A)  It prohibits racial discrimination by employers of over 50 employees in the making and enforcement of contracts, including employment contracts. 
B)  It prohibits racial discrimination by employers of any size in the making and enforcement of contracts, excluding employment contracts. 
C)  It prohibits racial discrimination by employers of any size in the making and enforcement of contracts, including employment contracts. 
D)  It prohibits racial discrimination by employers of over 25 employees in the making and enforcement of contracts, including employment contracts.

Question 3

Which of the following was the result in Green v.Franklin National Bank of Minneapolis,the case in the text in which the plaintiff sued the defending bank after a co-worker employee of the bank called her "monkey" and used other slurs?

Accepted Answer

A)  That the statements were sufficient to create a hostile work environment and that the plaintiff could recover regardless of whether the defending employer took prompt and appropriate remedial action against the offending employee. 
B)  That the statements were sufficient to create a hostile work environment but that the plaintiff could not recover because the defending employer took prompt and appropriate remedial action against the offending employee. 
C)  That the statements were insufficient to create a hostile work environment. 
D)  That the statements were insufficient to create a hostile work environment and also that the plaintiff failed to follow the employer's complaint procedure. 
A)  That the statements were sufficient to create a hostile work environment and that the plaintiff could recover regardless of whether the defending employer took prompt and appropriate remedial action against the offending employee. 
B)  That the statements were sufficient to create a hostile work environment but that the plaintiff could not recover because the defending employer took prompt and appropriate remedial action against the offending employee. 
C)  That the statements were insufficient to create a hostile work environment. 
D)  That the statements were insufficient to create a hostile work environment and also that the plaintiff failed to follow the employer's complaint procedure.

Question 4

Gender will qualify as a BFOQ where a gender-based restriction is based on the preferences of coworkers,employers,or customers for one sex or the other.

Accepted Answer

A) True 
 B)False

Question 5

Under the Family and Medical Leave Act,eligible employees are entitled to ____ weeks of leave per year.

Accepted Answer

A)  10 
B)  20 
C)  12 
D)  5 
A)  10 
B)  20 
C)  12 
D)  5

Question 6

Under federal law there are no caps on either compensatory or punitive damages when sexual discrimination is involved.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following does Executive Order 11246 require that federal contractors include in every nonexempt government contract?

Accepted Answer

A)  An agreement not to discriminate in employment on the basis of race, color, religion, sex, or national origin. 
B)  An agreement to hire a certain quota of minorities. 
C)  An agreement to perform audits of discriminatory practices. 
D)  An agreement to hire a certain quota of minorities and an agreement to perform audits of 	discriminatory practices. 
A)  An agreement not to discriminate in employment on the basis of race, color, religion, sex, or national origin. 
B)  An agreement to hire a certain quota of minorities. 
C)  An agreement to perform audits of discriminatory practices. 
D)  An agreement to hire a certain quota of minorities and an agreement to perform audits of 	discriminatory practices.

Question 8

What did the U.S.Supreme Court conclude in Price Waterhouse v.Hopkins,the case referenced in the text in which a female was denied partnership in an accounting firm after being told that to improve her chances for partnership,she should walk more femininely,talk more femininely,dress more femininely,wear make-up,have her hair styled,and wear jewelry?

Accepted Answer

A)  That the employer committed sexual stereotyping constituting illegal discrimination. 
B)  That the employer committed sexual stereotyping, but that such stereotyping did not constitute illegal discrimination. 
C)  That the employer committed sexual stereotyping but that in such cases, only nominal (minimal) damages are available. 
D)  That while such statements constituted sexual stereotyping, the employer could avoid liability if it could show that it had received client complaints regarding the female's masculine-type qualities. 
A)  That the employer committed sexual stereotyping constituting illegal discrimination. 
B)  That the employer committed sexual stereotyping, but that such stereotyping did not constitute illegal discrimination. 
C)  That the employer committed sexual stereotyping but that in such cases, only nominal (minimal) damages are available. 
D)  That while such statements constituted sexual stereotyping, the employer could avoid liability if it could show that it had received client complaints regarding the female's masculine-type qualities.

Question 9

Title VII prohibits discrimination based on which of the following?

Accepted Answer

A)  Race, color, and religion. 
B)  Race, color, religion, national origin, sex, or age. 
C)  Race, color, religion, and sex. 
D)  Race, color, religion, national origin, or sex. 
A)  Race, color, and religion. 
B)  Race, color, religion, national origin, sex, or age. 
C)  Race, color, religion, and sex. 
D)  Race, color, religion, national origin, or sex.

Question 10

Many states have passed their own fair employment acts.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following must the plaintiff prove in an Age Discrimination in Employment case?

Accepted Answer

A)  The plaintiff must prove by a preponderance of direct evidence that age was a motivating factor for the challenged employer decision. 
B)  The plaintiff must prove by a preponderance of the evidence, which may be direct or 	circumstantial, that age was a motivating factor for the challenged employer decision. 
C)  The plaintiff must prove by a preponderance of direct evidence that age was the but-for cause of 	the challenged employer decision. 
D)  The plaintiff must prove by a preponderance of the evidence, which may be direct or 	circumstantial, that age was the but-for cause of the challenged employer decision. 
A)  The plaintiff must prove by a preponderance of direct evidence that age was a motivating factor for the challenged employer decision. 
B)  The plaintiff must prove by a preponderance of the evidence, which may be direct or 	circumstantial, that age was a motivating factor for the challenged employer decision. 
C)  The plaintiff must prove by a preponderance of direct evidence that age was the but-for cause of 	the challenged employer decision. 
D)  The plaintiff must prove by a preponderance of the evidence, which may be direct or 	circumstantial, that age was the but-for cause of the challenged employer decision.

Question 12

To prevail on a claim for retaliation under Title VII,a plaintiff does not need to prevail on his or her Title VII discrimination claim.

Accepted Answer

A) True 
 B)False

Question 13

Discuss in detail the response of the EEOC in regard to the protection from discrimination of temporary workers supplied by an employment agency along with remedies available to temporary employees suffering discrimination.

Accepted Answer

The EEOC has responded to the growth in

Question 14

Discrimination on the basis of pregnancy is a form of sex discrimination under Title VII.

Accepted Answer

A) True 
 B)False

Question 15

What did the U.S.Supreme Court rule in Ricci v.DeStefano,the case in the text involving whether an employer,due to fear of disparate impact discrimination litigation,may refuse to certify test results that would make a disproportionate number of white candidates eligible for promotion in comparison with minority candidates ?

Accepted Answer

A)  That the employer had engaged in illegal disparate impact discrimination. 
B)  That the employer had engaged in illegal disparate treatment discrimination. 
C)  That the employer had acted appropriately because there was a credible threat of a lawsuit. 
D)  That the employer had acted appropriately both because there was a credible threat of a lawsuit and because the employer had established, using objective facts, that such a lawsuit could not be afforded. 
A)  That the employer had engaged in illegal disparate impact discrimination. 
B)  That the employer had engaged in illegal disparate treatment discrimination. 
C)  That the employer had acted appropriately because there was a credible threat of a lawsuit. 
D)  That the employer had acted appropriately both because there was a credible threat of a lawsuit and because the employer had established, using objective facts, that such a lawsuit could not be afforded.

Question 16

Richard is starting a new security service. He tells his attorney,Kiera,that while he plans to prohibit all acts of discrimination and harassment,he cannot be all places at all times. Richard asks Kiera if there is anything he can do to limit his liability. What should she tell him?

Accepted Answer

A)  She should tell him that he has nothing to worry about because as long as he has a rule prohibiting harassment, he cannot be held liable for acts of supervisors. 
B)  She should tell him that there is nothing he can do because under the law, he is automatically liable for any acts of harassment committed by supervisors. 
C)  She should tell him that he should have a policy provided to all employees offering to correct any offensive conduct, and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help him avoid liability. 
D)  She should tell him that he should take advantage of a loophole in Title VII that allows business owners to opt out of the harassment provisions of Title VII. 
A)  She should tell him that he has nothing to worry about because as long as he has a rule prohibiting harassment, he cannot be held liable for acts of supervisors. 
B)  She should tell him that there is nothing he can do because under the law, he is automatically liable for any acts of harassment committed by supervisors. 
C)  She should tell him that he should have a policy provided to all employees offering to correct any offensive conduct, and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help him avoid liability. 
D)  She should tell him that he should take advantage of a loophole in Title VII that allows business owners to opt out of the harassment provisions of Title VII.

Question 17

How long must an employee have worked for an employer in order to be eligible for leave provided by the Family and Medical Leave Act?

Accepted Answer

A)  Two years 
B)  Twelve months 
C)  Six months 
D)  120 days 
A)  Two years 
B)  Twelve months 
C)  Six months 
D)  120 days

Question 18

Plaintiffs in Title VII cases may only bring claims of harassment based on sex.

Accepted Answer

A) True 
 B)False

Question 19

Leave under the Family and Medical Leave Act is

Accepted Answer

A)  paid leave. 
B)  unpaid leave. 
C)  paid leave for 3 weeks and then unpaid. 
D)  paid leave for 10 weeks and then unpaid. 
A)  paid leave. 
B)  unpaid leave. 
C)  paid leave for 3 weeks and then unpaid. 
D)  paid leave for 10 weeks and then unpaid.

Question 20

Which of the following was the result in International Union United Automobile,Aerospace & Agriculture Implement Workers of America,UAW,v.Johnson Controls,Inc.,the case referenced in the text before the U.S.Supreme Court involving a fetal-protection policy of an employer barring a woman from jobs involving exposure to lead unless her inability to bear children was medically documented?

Accepted Answer

A)  That the policy was a facially discriminatory policy forbidden under Title VII. 
B)  That the policy was a facially discriminatory policy forbidden under Title VII unless the employer had documented proof that the exposure would likely harm a developing fetus. 
C)  That the policy was allowable under Title VII unless the female employee had documented proof that the exposure would not likely harm a developing fetus. 
D)  That the policy was allowable under Title VII so long as the employer had a good faith belief that the exposure would harm a developing fetus. 
A)  That the policy was a facially discriminatory policy forbidden under Title VII. 
B)  That the policy was a facially discriminatory policy forbidden under Title VII unless the employer had documented proof that the exposure would likely harm a developing fetus. 
C)  That the policy was allowable under Title VII unless the female employee had documented proof that the exposure would not likely harm a developing fetus. 
D)  That the policy was allowable under Title VII so long as the employer had a good faith belief that the exposure would harm a developing fetus.

Exam 13: civil rights and employment discrimination

Which of the following is generally true regarding front pay in discrimination cases?

What is the major provision of the Civil Rights Act of 1866 (Section 1981)?

Which of the following was the result in Green v.Franklin National Bank of Minneapolis,the case in the text in which the plaintiff sued the defending bank after a co-worker employee of the bank called her "monkey" and used other slurs?

Gender will qualify as a BFOQ where a gender-based restriction is based on the preferences of coworkers,employers,or customers for one sex or the other.

Under the Family and Medical Leave Act,eligible employees are entitled to ____ weeks of leave per year.

Under federal law there are no caps on either compensatory or punitive damages when sexual discrimination is involved.

Which of the following does Executive Order 11246 require that federal contractors include in every nonexempt government contract?

Title VII prohibits discrimination based on which of the following?

Many states have passed their own fair employment acts.

Which of the following must the plaintiff prove in an Age Discrimination in Employment case?

To prevail on a claim for retaliation under Title VII,a plaintiff does not need to prevail on his or her Title VII discrimination claim.

Discuss in detail the response of the EEOC in regard to the protection from discrimination of temporary workers supplied by an employment agency along with remedies available to temporary employees suffering discrimination.

Discrimination on the basis of pregnancy is a form of sex discrimination under Title VII.

Richard is starting a new security service. He tells his attorney,Kiera,that while he plans to prohibit all acts of discrimination and harassment,he cannot be all places at all times. Richard asks Kiera if there is anything he can do to limit his liability. What should she tell him?

How long must an employee have worked for an employer in order to be eligible for leave provided by the Family and Medical Leave Act?

Plaintiffs in Title VII cases may only bring claims of harassment based on sex.

Leave under the Family and Medical Leave Act is

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