Exam 12: Employment Discrimination

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

Race can be a bona fide occupational qualification.

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

The distribution of promotions and other job benefits according to a seniority system is not normally a good defense to a suit for employment discrimination.

Sexual harassment occurs when sexual favors are demanded in return for job opportunities.

Women affected by pregnancy must be treated the same as other persons not so affected but similar in ability to work.

Federal law does not prohibit employers from classifying jobs as male or female.

Gina believes that she is a victim of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with Title VII is monitored by

Fact Pattern 12-3 Art, who has a disability, is an employee of Banquet Services, Inc. After the installation of new doors on the entrance to Banquet's hall, Art finds it nearly im-possible to enter and exit. For repeatedly failing to be on time, Banquet replaces Art with Connie, who does not have a disability. -Refer to Fact Pattern 12-3.To succeed with a claim against Banquet under the Americans with Disabilities Act, Art will have to show that

In effect, military service and status is a protected class, and members of the class have a right to sue an employer for discrimination on this basis.

Under Title VII of the Civil Rights Act, most private firms are required to adopt affirmative action policies.

Plaintiffs can use constructive discharge to establish only discrimination claims under Title VII of the Civil Rights Act.

Mena, a female, and Neil, a male, are employees of Operational Processes Corporation. Mena regularly e-mails sexually explicit images to Neal via Operational's network. Neil finds this offensive. This is

Title VII of the Civil Rights Act prohibits unintentional discrimination.

Carly applies for a job at Data Applications LLC for which she is qualified, but for which she is rejected. The employer continues to seek applicants and eventually fills the position. To succeed in a suit against Data for discrimination under the Americans with Disabilities Act, Carly must show that she

Sweet Air Company, a major supplier of air filters sold throughout the United States, employs one hundred workers at its principal manufacturing plant. The plant is located in Thunder Bay, which has a population that is 50 percent white and 25 percent African American, with the balance Hispanic American, Asian American, and others. Sweet Air requires a high school diploma as a condition of employment for its cleaning crew. Three-fourths of the white population completed high school, compared with only one-fourth of those in the minority groups. Sweet Air has an all-white cleaning crew. Has Sweet Air violated the Civil Rights Act? Explain.

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

Holly files an employment discrimination suit against Industrial Corporation under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, the plaintiff must show that as a member of a protected class, she was adversely affected by any of the following except the employer's

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

Resource Corporation and the Service Employees International Union are sued by plaintiffs alleging job discrimination in violation of Title VII of the Civil Rights Act. This law applies to employers and labor unions with at least