Exam 7: Gender and Family Issues: Title Vii and Other Legislation

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Which of the following prohibits advertising for male or female employees in help-wanted notices (apart from a few exceptions)or maintaining separate seniority lists for male and female employees?

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A

Prior to the U.S. Supreme Court decision in_______, the federal courts had consistently held that Title VII's prohibition of discrimination based on gender does not extend to discrimination against homosexuals or lesbians.

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B

Explain the provision of the Equal Pay Act.

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The Equal Pay Act prohibits discrimination by an employer between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

A transport company had a policy that required every female employee to go through a mandatory physical examination prior to a promotion. However, the test was not mandatory for male candidates. A group of female candidates filed a lawsuit against the company. In this instance, the court most likely held that the company violated:

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Title VII of the Civil Rights Act protects all individuals from employment discrimination based on sex or gender.

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In City of Los Angeles v. Manhart, a group of female employees filed suit against the department, alleging that the practice of making female employees pay higher contributions to receive equal benefits upon retirement violated Title VII. The trial court held that, the department's practice:

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The Family and Medical Leave Act, allows eligible employees to take up to twelve weeks of unpaid leave in any twelve months.

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The Equal Pay Act does not cover state and local government employees.

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Olivia requested for leave from her supervisor for one week since her daughter fell sick and required home care. The employer refused to grant her leave and as a result Olivia was forced to be absent from work without pay. She later filed a suit against her employer alleging violation of Title VII. Under the assumption that Olivia is a productive employee, the court most likely held that:

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Explain Hostile Environment Harassment.

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A female employee was asked by her male supervisor to sleep with him if she wanted a satisfactory evaluation and recommendation for promotion. When she refused, she was subjected to negative evaluation, disciplinary suspensions, and she was ultimately fired. This action of supervisor can be termed:

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Which of the following reasons is sufficient to support a bona fide occupational qualification (BFOQ)?

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Wendell was fired without sufficient reason by her company once they became aware of her pregnancy. The company assumed that the Wendell was likely to be absent from work for lengthy periods due to her pregnancy and the ensuing responsibilities of parenthood. In this circumstance, Wendell has a remedy under the:

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An employer may require a second or third medical opinion at the employee's expense when the employee applies for leave under serious health condition.

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An employer who places additional requirements on employees of a certain gender but not on employees of the opposite gender does not violate Title VII.

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In Harris v. Forklift Systems, Inc., the Supreme Court used which standard to make its decision?

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What is the provision under Title VII with respect to gender discrimination? Explain "gender-plus" discrimination.

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The Equal Pay Act of 1963 requires that women should be paid more than men even if they perform substantially equal work in same establishment.

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In Fountain v. Safeway Stores, Inc. the court held that men may be required to wear a necktie while women are not.

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What is sexual harassment? Explain employer liability for sexual harassment.

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