Exam 13: Civil Rights and Employment Discrimination.

Under the Americans with Disabilities Act (ADA)a person who is only regarded as having an impairment that substantially limits one or more of that person's major life activities cannot qualify as disabled.

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?

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

A reasonable accommodation for a disabled employee is required whether or not it would impose an undue hardship on the employer.

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

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?

Which of the following is generally true regarding an award of lost future earnings in discrimination cases?

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

Bob,age 60,works at Big Company as an assistant manager and has been approached by his supervisor,Sue,on several occasions for a date.She makes lewd and inappropriate comments to him that are very embarrassing.Bob complained to Selina,the president of Big Company,but no action was taken.In fact,Selina told him that he should feel lucky that Sue was interested in an old guy like him and proceeded to tell several jokes involving age and sexual performance.Again,Bob was humiliated and embarrassed.Bob complained to the Equal Employment Commission regarding what he believed was inappropriate conduct involving the requests for dates,and references to sex and age.Selina was told by the Commission representative that she needed to put a stop to inappropriate behavior.A few days later,Bob was told that he was being demoted.He was replaced by a 25 year old female.What causes of action,if any,would Bob have?

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

Which of the following is true regarding Japan's discrimination protection?

Set forth the categories of individuals classified as disabled under the Americans with Disabilities Act.

__________ includes demotions,reductions in pay or other actions that affect an employee's status in a tangible manner.

In theRicci v.DeStefanocase discussed in the text,seventeen whiteandone Hispanic firefighters sued the City of New Haven.The plaintiffs alleged the city's refusal to certify test results of an examination,which would have made them eligible for promotion,was a violation of Title VII's ban on disparatetreatment.How did the U.S.Supreme Court rule?

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?

Many states have passed their own fair employment acts.

In the Harris v.Forklift Systems,Inc.case discussed in the text,the U.S.Supreme Court ruled that a showing of a serious effect on an employee's psychological well-being is necessary for a hostile work environment claim under Title VII.

Susan goes to work for Fashion Company,a U.S.company that has a branch in a repressive Middle Eastern country.Susan agrees to transfer to the Middle Eastern country.After working there for several months she notices that men who are less qualified are promoted to managerial jobs for which she has applied.Susan tells her supervisor,Will,that she is going to sue the company under Title VII because she is being discriminated against on the basis of her sex.He tells her to forget it because Title VII does not apply outside the U.S.He also tells her that even if he wanted to promote her,which he does not,the law in the Middle Eastern country prohibits the promotion of women into managerial positions.Susan tells him that he is nuts because she is fully protected as a U.S.citizen working for a U.S.company.Who is right and why?

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.

What is the major provision of the Equal Pay Act of 1963?