Exam 13: Civil Rights and Employment Discrimination.

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.

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

Under the EEOC,gender will qualify as a BFOQ where a gender-based restriction is based on:

The U.S.Supreme Court ruled that sexual harassment must be committed by a member of the opposite sex in order to be actionable.

In thePrice Waterhouse v.Hopkins case referenced in the text,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.How did the U.S.Supreme Court rule?

In theHolcomb v.Iona College case referenced in the text,a white assistant coach of a college basketball team alleged he was fired because he was married to an African American woman,and sued the college for violation of Title VII.How did the court rule?

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.

Title VII has been successfully used to challenge English-only workplace rules.

Under federal law,employees may not waive their rights under the Age Discrimination in Employment Act (ADEA).

The plaintiff in theThompson v.North American Stainless,LP case referenced in the text,alleged he was fired as a retaliatory action because his finance had filed a complaint of discrimination against their mutual employer.The employer alleged he had no cause of action.How did the US.Supreme Court rule?

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.

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

According to the Oncale v.Sundowner Offshore Services case referenced inthetext,the U.S.Supreme Court rule that Title VII does not apply to same-sex harassment.

As the court stated in the Suarez v.Pueblo International,Inc.(2000)case,the ADEA guarantees workplaces "free from the ordinary ebb and flow of power relations and interoffice politics."

Which of the following is true regarding the filing of a claim under Title VII?

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.Did the agreement Sam signed comply with the Older Workers' Benefit Protection Act?

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

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?

Leave under the Family and Medical Leave Act is:

An employee may use the Family and Medical Leave Act for: