Exam 16: Employment Discrimination

Discrimination based on color has not produced as much litigation as other classes used in discrimination suits.

The Pregnancy Discrimination Act, a part of Title VII, provides protection for which pregnancy-related condition?

In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when a hostile environment is created by a supervisor, the Supreme Court held that:

In reviewing employment discrimination cases, the Supreme Court has noted that the employment relationship is rooted in agency law so vicarious liability can be imposed on the employer for discriminatory practices not properly controlled.

An employer may legally provide differential treatment to its employees based on:

It does not violate the ADA to ask about problems with drug usage in the past, since drugs are an illegal substance, but it is illegal to ask about past problems with alcohol.

A(n) ____ is a deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members, when a particular class is underrepresented in the employer's workforce.

Which of the following questions would not violate the Americans with Disability Act to ask of a job applicant:

Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be?

Denying a woman a job, assignment, or promotion because she is pregnant or has children is:

Under federal law, if a person wishes to file a discrimination charge they must file within 180 days of an alleged discriminatory event. State law:

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. Loretta files a complaint against Minute Cleaners and John based on sexual harassment. John appears to have committed which type(s) of sexual harassment against Loretta?

The Equal Pay Act:

Title VII prohibits discrimination in employment based on sex. This does not include:

As seen in Oncale v. Sundowner Offshore Services, a case concerning male-on-male sexual harassment, same-sex harassment is:

If an employer pays women greater retirement benefits than it pays its male employees, because the employer knows that women, on average, live longer than men, this is likely to be illegal disparate treatment.

Title VII of the Civil Rights Act does not apply to which of the following:

In a few situations, such as modeling clothing, an employer may discriminate on the basis of sex as a bona fide occupational qualification.

Race discrimination is the most common claim made under Title VII.

A person who has a physical or mental impairment which substantially limits one or more of such person's major life activities is defined as ____ by the Rehabilitation Act and the Americans with Disabilities Act.