Exam 16: Employment Discrimination

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:

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

Affirmative action programs often require extra pay to be given to minority workers compared to the white workers to do the same work.

The Equal Pay Act:

The Supreme Court has held that the 1964 Civil Rights Act protects white males against employment discrimination based on race.

Violations of the Equal Pay Act can result in what corrective action? Employees:

Discrimination based on religion does not include coverage for persons who do not believe in God.

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:

Executive Order 11246 requires all:

Cutting health care benefits for workers over age 65 because they are eligible for Medicare is an example of:

A standardized employment test that tends to screen out people with disabilities is likely to be illegal under the Americans with Disabilities Act.

Besides regular private employers, Title VII applies to which of the following?

In EEOC v. Dial Corp. the EEOC found that the strength test used by Dial violated the rule against disparate impact in workplace requirements.

Compared to the United States, antidiscrimination laws in Europe and Japan:

The pay that an employee would have earned from the date the discrimination began or the difference between the pay received and what should have been received is known as:

Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services:

In Lewis v. Heartland Inns of America the appeals court held that Lewis failed to provide adequate evidence of retaliation by her employer as the employer's defense was not a mere pretext.

In general, employers may not use standardized aptitude tests for employees because they are discriminatory.

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. Suppose Loretta files a complaint against Hour for discrimination, based on the fact that Hour hires only men. To establish a prima facie case against Hour, Loretta would need to prove all of the following except that:

A person who has which of the following conditions is not protected under the Americans with Disabilities Act?