Question 1

In a disparate impact case, the employer's proof that it did not intend to discriminate is a complete defense.

Accepted Answer

A) True 
 B)False

Question 2

A party claiming discrimination must first file a complaint with a local or state EEOC office before filing a charge with the EEOC.

Accepted Answer

A) True 
 B)False

Question 3

The ADA does not require employers to make any accommodations for individuals with disabilities.

Accepted Answer

A) True 
 B)False

Question 4

Proof of an employer's discriminatory motive is immaterial in a disparate treatment case.

Accepted Answer

A) True 
 B)False

Question 5

The first action generally attempted by the EEOC is:

Accepted Answer

A)  litigation. 
B)  conciliation. 
C)  mediation. 
D)  arbitration. 
A)  litigation. 
B)  conciliation. 
C)  mediation. 
D)  arbitration.

Question 6

In order for an employer to be vicariously liable for sexual harassment, a tangible employment action by the supervisor must have occurred.

Accepted Answer

A) True 
 B)False

Question 7

The Age Discrimination in Employment Act forbids discrimination by employers against persons over 30 years of age.

Accepted Answer

A) True 
 B)False

Question 8

A seniority system is unlawful if:

Accepted Answer

A)  workers with longer years of service are laid off last. 
B)  a union did not agree to the policy. 
C)  it results from an intention to discriminate. 
D)  workers with longer years of service are predominantly from one race. 
A)  workers with longer years of service are laid off last. 
B)  a union did not agree to the policy. 
C)  it results from an intention to discriminate. 
D)  workers with longer years of service are predominantly from one race.

Question 9

Title VII is the only law regulating equal employment opportunities.

Accepted Answer

A) True 
 B)False

Question 10

What is an employer defense to a disparate impact charge?

Accepted Answer

A)  The employer did not intend to discriminate. 
B)  The employment practice is job-related and consistent with business practice. 
C)  The disparate impact was not the result of extreme recklessness or gross negligence on the part of the employer. 
D)  The practice is widespread and accepted in the industry. 
A)  The employer did not intend to discriminate. 
B)  The employment practice is job-related and consistent with business practice. 
C)  The disparate impact was not the result of extreme recklessness or gross negligence on the part of the employer. 
D)  The practice is widespread and accepted in the industry.

Question 11

Title VII protects members of which racial grouping(s)?

Accepted Answer

A)  black only 
B)  black, Native American, and Asian-Pacific 
C)  white only 
D)  all racial groupings 
A)  black only 
B)  black, Native American, and Asian-Pacific 
C)  white only 
D)  all racial groupings

Question 12

Testing of prospective employees:

Accepted Answer

A)  cannot have been developed by one employer and applied by another. 
B)  can be adjusted to favor members of a particular race. 
C)  must bear a relationship to job performance. 
D)  is a BFOQ, regardless of job performance. 
A)  cannot have been developed by one employer and applied by another. 
B)  can be adjusted to favor members of a particular race. 
C)  must bear a relationship to job performance. 
D)  is a BFOQ, regardless of job performance.

Question 13

Generally, what would not be considered a "reasonable accommodation" for persons with disabilities?

Accepted Answer

A)  making an accommodation that would constitute an "undue hardship" for the employer 
B)  making existing facilities accessible to and usable by individuals with disabilities 
C)  modifying work schedules 
D)  restructuring jobs 
A)  making an accommodation that would constitute an "undue hardship" for the employer 
B)  making existing facilities accessible to and usable by individuals with disabilities 
C)  modifying work schedules 
D)  restructuring jobs

Question 14

To survive Title VII scrutiny, employers must prove that employment testing and educational requirements are "job related" requirements for satisfactory job performance.

Accepted Answer

A) True 
 B)False

Question 15

A men's clothing store policy of hiring males to do measurements for suit alterations is not an example of a BFOQ.

Accepted Answer

A) True 
 B)False

Question 16

Hostile work environment sexual harassment:

Accepted Answer

A)  cannot be created by unwelcome sexual flirtation and propositions. 
B)  cannot result in an injunction being granted against offensive conduct. 
C)  does not affect an employee's economic benefits but causes anxiety and "poisons" the work environment for the employee. 
D)  can result in the court ordering the business to be sold, upon proper notice, at a publicly-held auction. 
A)  cannot be created by unwelcome sexual flirtation and propositions. 
B)  cannot result in an injunction being granted against offensive conduct. 
C)  does not affect an employee's economic benefits but causes anxiety and "poisons" the work environment for the employee. 
D)  can result in the court ordering the business to be sold, upon proper notice, at a publicly-held auction.

Question 17

Title VII and the ADA protects U.S. citizens against discrimination in foreign countries:

Accepted Answer

A)  as long as there is no "undue hardship" on the foreign employer. 
B)  if they are employed by American-owned companies. 
C)  if they are employed by foreign-owned companies. 
D)  regardless of what nation controls the company. 
A)  as long as there is no "undue hardship" on the foreign employer. 
B)  if they are employed by American-owned companies. 
C)  if they are employed by foreign-owned companies. 
D)  regardless of what nation controls the company.

Question 18

A plaintiff in a Title VII lawsuit must belong to a protected class.

Accepted Answer

A) True 
 B)False

Question 19

Title VII permits the EEOC to sue employers directly when it has reasonable cause to believe that intentional discrimination was the defendant employer's "standard operating procedure."

Accepted Answer

A) True 
 B)False

Question 20

Title VII requires equal pay for men and women.

Accepted Answer

A) True 
 B)False

Exam 39: Equal Employment Opportunity Law

In a disparate impact case, the employer's proof that it did not intend to discriminate is a complete defense.

A party claiming discrimination must first file a complaint with a local or state EEOC office before filing a charge with the EEOC.

The ADA does not require employers to make any accommodations for individuals with disabilities.

Proof of an employer's discriminatory motive is immaterial in a disparate treatment case.

The first action generally attempted by the EEOC is:

In order for an employer to be vicariously liable for sexual harassment, a tangible employment action by the supervisor must have occurred.

The Age Discrimination in Employment Act forbids discrimination by employers against persons over 30 years of age.

A seniority system is unlawful if:

Title VII is the only law regulating equal employment opportunities.

What is an employer defense to a disparate impact charge?

Title VII protects members of which racial grouping(s)?

Testing of prospective employees:

Generally, what would not be considered a "reasonable accommodation" for persons with disabilities?

To survive Title VII scrutiny, employers must prove that employment testing and educational requirements are "job related" requirements for satisfactory job performance.

A men's clothing store policy of hiring males to do measurements for suit alterations is not an example of a BFOQ.

Hostile work environment sexual harassment:

Title VII and the ADA protects U.S. citizens against discrimination in foreign countries:

A plaintiff in a Title VII lawsuit must belong to a protected class.

Title VII permits the EEOC to sue employers directly when it has reasonable cause to believe that intentional discrimination was the defendant employer's "standard operating procedure."

Title VII requires equal pay for men and women.

The Nature and Sources of Law

The Court System and Dispute Resolution

Business Ethics, Social Forces, and the Law

The Constitution As the Foundation of the Legal Environment

Government Regulation of Competition and Prices

Administrative Agencies

Crimes

Torts

Intellectual Property Rights and the Internet

The Legal Environment of International Trade

Nature and Classes of Contracts: Contracting on the Internet

Formation of Contracts: Offer and Acceptance

Capacity and Genuine Assent

Consideration

Legality and Public Policy

Writing, Electronic Forms, and Interpretation of Contracts

Third Persons and Contracts

Discharge of Contracts

Breach of Contract and Remedies

Personal Property and Bailments

Legal Aspects of Supply Chain Management

Nature and Form of Sales

Title and Risk of Loss

Product Liability: Warranties and Torts

Obligations and Performance

Remedies for Breach of Sales Contracts

Kinds of Negotiable Instruments and Negotiability

Transfers of Negotiable Instruments and Warranties of Parties

Liability of the Parties Under Negotiable Instruments

Checks and Funds Transfers

Nature of the Debtor Creditor Relationship

Consumer Protection

Secured Transactions in Personal Property

Bankruptcy

Insurance

Agency

Third Persons in Agency

Regulation of Employment

Types of Business Organizations

Partnerships

LPs, LLCs, and LLPs

Corporate Formation

Shareholder Rights in Corporations

Securities Regulation

Accountants Liability and Malpractice

Management of Corporations

Real Property

Environmental Law and Land Use Controls

Leases

Decedents Estates and Trusts

Filters