Exam 25: Employment Discrimination

Fact Pattern 25-1 ​Craig applies for a job at Dispatch Transportation & Warehousing, Inc., for which he is well qualified. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Craig is rejected. Dispatch continues to seek applicants. -Refer to Fact Pattern 25-1. To successfully defend itself against Craig's suit, Dispatch must show that ​

Federal law does not prohibit discrimination on the basis of religion in classifying jobs.

Title VII of the Civil Rights Act prohibits only intentional discrimination.

When the harassment of co-workers creates a hostile working environment, an employee may have a cause of action against an employer.

Intentional discrimination by an employer against an employee is known as disparate-treatment discrimination.

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​

Gala and Hoyt are employees of IT Business Solutions, Inc. Under the Equal Pay Act, IT Business Solutions can legitimately pay different wages on the basis of​

An employer's discrimination against employees on certain grounds may violate federal law.

Solar Power 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 Power under the Civil Rights Act, this is shown to have a discriminatory effect. Solar Power has​

Race can be a bona fide occupational qualification.

Eliana and Fausto work on the loading dock for Grange Co-op Crop Storage. Fausto has a disability. Eliana has seniority. Fausto requests a transfer, which would represent an accommodation for his disability. But when an opening occurs, Grange transfers Eliana on the basis of her seniority. Most likely​

Ian is an alcoholic who has completed a supervised substance-abuse rehabilitation program. Jerry is often bored with the repetitiveness of her job. Kit reports to work when she "feels like working." Considered to have a disability under the Americans with Disabilities Act is

Sara believes that she was rejected for a position at Trek n’ Travel Agency on the basis of her race. Sara files a suit against Trek n’ Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

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

An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a business necessity.

Disparate-treatment discrimination occurs when a protected group of people is adversely affected by an employer's practices, procedures, or tests even though they do not appear to be discriminatory.

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

State employers are immune from private suits brought by employees under the Age Discrimination in Employment Act.

A tangible employment action is a significant change in employment status or benefits.

Sexual harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.