Exam 16: Employment Discrimination

The Supreme Court has held that, when reviewing sexual harassment cases, one should use the perspective of a reasonable person in the same circumstances.

Discriminating in fringe benefits, such as in the structure of health insurance benefits, to discourage women of childbearing age from working is:

In a few situations, such as in hospitals, an employer may discriminate on the basis of race as a bona fide occupational qualification.

Under the Equal Pay Act, men and women may be paid different wages if:

Surveys show that people may prefer to deal with members of their own race. A company assigns white salespersons to white clients and Hispanic salespersons to Hispanic clients. This makes commissions to all the salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are:

It is not a violation of the ADA to ask an employee if a work assignment might be modified to help accommodate their disability.

In bringing a suit charging an employer with a violation of Title VII, the courts recognize what as the theory of the law?

Under Title VII, workers discriminated against may collect punitive damages.

In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when an employee claimed she was subject to sexual harassment by her supervisor, but never reported the matter to superiors, the Supreme Court held that:

When the effect of a hiring or promotion decision is intentionally discriminatory it is called:

Which of the following is NOT an example of a disability covered by the Rehabilitation Act and the Americans with Disabilities Act:

An employee who works at a grocery store for many years as a checkout clerk becomes unable to operate the cash register because of pain in her fingers that has developed from pushing keys on the cash register for so long. Unqualified for any other job at the store, she is dismissed and sues for disability discrimination. Most likely she will:

In cases of affirmative action, the courts have held that discrimination in favor of qualified women or minority workers may be legal.

Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by:

Employers who do $50,000 or more of business with the federal government are required to study their workforce to determine if the mix of employees in job categories by sex and by race are reflective of the relevant hiring pools the employers draw from. This is called:

If a court finds that a worker suffered illegal discrimination in employment, in addition to back wages the worker may be granted artificial seniority.

In cases of affirmative action, the courts have held that discrimination in favor of persons of certain religions may be legal.

The possible remedies that an injured party may sue for under Title VII include:

Seniority can legally be used to determine which of the following:

In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court held that: