Exam 39: Equal Employment Opportunity Law

Religious societies may not grant hiring preferences to members of their religion.

Under the ______ theory, it is not a defense for an employer to demonstrate that it did not intend to discriminate.

Which of the following scenarios would not qualify as a BFOQ exception to Title VII?

Failing to hire an individual who does not have English language skills violates Title VII unless those language skills have a clear connection to the successful performance of the job to which it is applied.

Women who are unable to work as a result of pregnancy must be provided the same benefits as all other workers.

The two principal legal theories under which a plaintiff may prove a case of unlawful employment discrimination are disparate treatment and disparate impact.

Generally, the EEOC attempts to remedy an unlawful practice through mandatory arbitration.

The Pregnancy Discrimination Act does not:

The Equal Pay Act prohibits variation in wage rates paid to men and women based solely on gender.

Tom was a tall man who operated a successful restaurant that he owned. He believed that tall people commanded more respect in a restaurant. Accordingly, he never hired a waiter or waitress who was less than six feet tall. Because of this, he had seventeen waiters and no waitresses working at the restaurant. Lucinda, a woman less than six feet tall, applied for a job as a waitress and was not hired. Later, Lucinda learned that a man who was over six feet in height was hired to fill the position. After a few inquiries, she learned of Tom's height requirements and alleged that she was the victim of illegal discrimination. Decide.

In a hostile work environment case, the plaintiff must prove severe and pervasive conduct on the supervisor's part to meet the plaintiff's burden of proof.

Unless justified by business necessity, physical standards such as height requirements that tend to exclude people of certain national origins violate Title VII.

To be lawful, affirmative action must be time-limited.