Question 1

Once a plaintiff succeeds in proving discrimination, the burden shifts to the employer to justify the discriminatory practice.

Accepted Answer

A) True 
 B)False

Question 2

Women affected by pregnancy must be treated the same as other persons not so affected but similar in ability to work.

Accepted Answer

A) True 
 B)False

Question 3

Race can be a bona fide occupational qualification.

Accepted Answer

A) True 
 B)False

Question 4

The Americans with Disabilities Act defines persons with disabilities as persons with physical or mental impairments that cause them to suffer "undue hardship."

Accepted Answer

A) True 
 B)False

Question 5

Lisa brings a successful suit against her employer Metal Mold Corporation for employment discrimination. Lisa may be awarded

Accepted Answer

A)  ​back pay, but not retroactive promotions. 
B)  ​retroactive promotions, but not back pay. 
C)  ​damages, but not back pay. 
D)  ​back pay, retroactive promotions, and damages. 
A)  ​back pay, but not retroactive promotions. 
B)  ​retroactive promotions, but not back pay. 
C)  ​damages, but not back pay. 
D)  ​back pay, retroactive promotions, and damages.

Question 6

A plaintiff who sues on the basis of disparate-treatment discrimination does not need to make out a prima facie case.

Accepted Answer

A) True 
 B)False

Question 7

Plaintiffs can use constructive discharge to establish only discrimination claims under Title VII of the Civil Rights Act.

Accepted Answer

A) True 
 B)False

Question 8

Employees who leave their jobs voluntarily may still claim under Title VII that they were "constructively discharged" by their employer.

Accepted Answer

A) True 
 B)False

Question 9

Under Title VII of the Civil Rights Act, most private firms are required to adopt affirmative action policies.

Accepted Answer

A) True 
 B)False

Question 10

Rachel, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on

Accepted Answer

A)  ​age. 
B)  ​disability. 
C)  ​gender. 
D)  ​race. 
A)  ​age. 
B)  ​disability. 
C)  ​gender. 
D)  ​race.

Question 11

The distribution of promotions and other job benefits according to a seniority system is not normally a good defense to a suit for employment discrimination.

Accepted Answer

A) True 
 B)False

Question 12

Holly files an employment discrimination suit against Industrial Corporation under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, the plaintiff must show that as a member of a protected class, she was adversely affected by any of the following except the employer's

Accepted Answer

A)  ​practices. 
B)  ​procedures. 
C)  ​tests. 
D)  ​seniority system. 
A)  ​practices. 
B)  ​procedures. 
C)  ​tests. 
D)  ​seniority system.

Question 13

Under the Age Discrimination in Employment Act, a plaintiff must prove that he or she was replaced by a person of the protected class.

Accepted Answer

A) True 
 B)False

Question 14

Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act.

Accepted Answer

A) True 
 B)False

Question 15

State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act.

Accepted Answer

A) True 
 B)False

Question 16

Oren believes that Power Utility Corporation (PUC) has discriminated against him on the basis of race. He files a suit against PUC under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

Accepted Answer

A)  ​he is a member of a protected class. 
B)  ​PUC has no legal defenses against the claim. 
C)  ​discriminatory intent motivated PUC's act. 
D)  ​no other firm in PUC's industry has committed a discriminatory act. 
A)  ​he is a member of a protected class. 
B)  ​PUC has no legal defenses against the claim. 
C)  ​discriminatory intent motivated PUC's act. 
D)  ​no other firm in PUC's industry has committed a discriminatory act.

Question 17

Solar Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school education and job performance. In a suit against Solar under Title VII of the Civil Rights Act, this is shown to have a discriminatory effect. Solar has

Accepted Answer

A)  ​a seniority system defense. 
B)  ​a bona fide occupational qualification defense. 
C)  ​a business necessity defense. 
D)  ​no defense. 
A)  ​a seniority system defense. 
B)  ​a bona fide occupational qualification defense. 
C)  ​a business necessity defense. 
D)  ​no defense.

Question 18

There is no way for an employer to avoid liability for online harassment.

Accepted Answer

A) True 
 B)False

Question 19

Gina believes that she is a victim of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with Title VII is monitored by

Accepted Answer

A)  ​employees and job applicants, not an administrative agency. 
B)  ​employers and businesses, not an administrative agency. 
C)  ​the courts and Congress, not an administrative agency. 
D)  ​the Equal Employment Opportunity Commission. 
A)  ​employees and job applicants, not an administrative agency. 
B)  ​employers and businesses, not an administrative agency. 
C)  ​the courts and Congress, not an administrative agency. 
D)  ​the Equal Employment Opportunity Commission.

Question 20

Fact Pattern 35-2
Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC).
-Refer to Fact Pattern 35-2. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply

Accepted Answer

A)  ​Kyla must be forty years of age or younger. 
B)  ​Kyla must be forty years of age or older. 
C)  ​Lomax must be forty years of age or older. 
D)  ​Lomax must have been MVMC's employee for at least forty years. 
A)  ​Kyla must be forty years of age or younger. 
B)  ​Kyla must be forty years of age or older. 
C)  ​Lomax must be forty years of age or older. 
D)  ​Lomax must have been MVMC's employee for at least forty years.

Exam 35: Employment Discrimination

Once a plaintiff succeeds in proving discrimination, the burden shifts to the employer to justify the discriminatory practice.

Women affected by pregnancy must be treated the same as other persons not so affected but similar in ability to work.

Race can be a bona fide occupational qualification.

The Americans with Disabilities Act defines persons with disabilities as persons with physical or mental impairments that cause them to suffer "undue hardship."

Lisa brings a successful suit against her employer Metal Mold Corporation for employment discrimination. Lisa may be awarded

A plaintiff who sues on the basis of disparate-treatment discrimination does not need to make out a prima facie case.

Plaintiffs can use constructive discharge to establish only discrimination claims under Title VII of the Civil Rights Act.

Employees who leave their jobs voluntarily may still claim under Title VII that they were "constructively discharged" by their employer.

Under Title VII of the Civil Rights Act, most private firms are required to adopt affirmative action policies.

Rachel, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on

The distribution of promotions and other job benefits according to a seniority system is not normally a good defense to a suit for employment discrimination.

Holly files an employment discrimination suit against Industrial Corporation under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, the plaintiff must show that as a member of a protected class, she was adversely affected by any of the following except the employer's

Under the Age Discrimination in Employment Act, a plaintiff must prove that he or she was replaced by a person of the protected class.

Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act.

State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act.

Oren believes that Power Utility Corporation (PUC) has discriminated against him on the basis of race. He files a suit against PUC under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

Solar Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school education and job performance. In a suit against Solar under Title VII of the Civil Rights Act, this is shown to have a discriminatory effect. Solar has

There is no way for an employer to avoid liability for online harassment.

Gina believes that she is a victim of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with Title VII is monitored by

Fact Pattern 35-2 Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC). -Refer to Fact Pattern 35-2. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply

Law and Legal Reasoning

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Internet Law, Social Media, and Privacy

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