Exam 16: Employment Discrimination

If, at a trial where a person has claimed employment discrimination has occurred, and the employer has offered a rationale for what happened, then:

The preferential treatment of members of protected classes is:

Under the ____, it is illegal to pay men and women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions

Disparate treatment (under Title VII) refers to:

It would be age discrimination for an employer to advertise that it wants to hire a young, dynamic person for a position working with young people that requires a high-level of energy and the ability to relate to teenagers.

Which of the following would not be a violation of the Rehabilitation Act or the Americans with Disabilities Act, because it goes beyond the scope of the legislation?

Charles owns a club whose patrons are mostly African-American. He hires only African-Americans to serve drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue that the reason he denied Li the job is because being African-American is a bona fide occupational qualification, a court would find that Charles:

Fact Pattern 17-1 Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away. John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned. Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. -Refer to Fact Pattern 17-1. If Loretta lived in a jurisdiction that followed the common law only, what would be the result of her suing John for employment discrimination? She would:

According to Title VII, it is ____ to use professionally developed ability tests to determine whether job applicants possess the necessary skills and attributes.

Under Title VII, race includes white, black, Hispanic, Asian and American Indians.

If the EEOC investigates a discrimination claim and finds no reasonable cause:

Which of the following is a reasonable accommodation required of employers under the Americans with Disabilities Act:

In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are:

Title VII of the Civil Rights Act applies to which of the following:

The Equal Pay Act of 1963 was:

Sexual harassment does not appear to include:

There are basically two types of sexual harassment: quid pro quo and aggravated.

In Lewis v. Heartland Inns of America the appeals court held that Lewis presented a prima facie case of discrimination and that Heartland's defense appeared to be a pretext.

When a person believes she or he has been the victim of discrimination covered by Title VII, the first step is to file a complaint with the federal or a state equal employment opportunity agency.

Title VII of the 1964 Civil Rights Act does not protect against discrimination in employment based on religion.