Exam 40: Equal Employment Opportunity Law

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Title VII does not protect members of all nationalities from employment discrimination.

(True/False)
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A seniority system is unlawful if:

(Multiple Choice)
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To successfully pursue a Title VII lawsuit,the plaintiff generally must belong to a protected class.

(True/False)
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The Equal Pay Act:

(Multiple Choice)
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If a state or local Equal Employment Opportunity agency (EEO)exists,a party charging discrimination must first file a complaint with that agency before filing a charge with the EEOC.

(True/False)
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An affirmative action plan:

(Multiple Choice)
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The Americans With Disabilities Act prohibits employers from discriminating against disabled individuals,but does not require that any accommodations be made for such individuals.

(True/False)
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Criteria used to make employment decisions that have a disparate impact on women,such as height requirements,must be job-related.

(True/False)
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"Race norming," a process whereby the results of hiring and promotion tests are adjusted to ensure that a minimum number of minorities are included in application pools,is a lawful form of affirmative action.

(True/False)
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Marble Industries hired virtually all of its employees from Union High School,which was overwhelmingly white in its racial makeup.Accordingly,there were virtually no nonwhite employees employed by Marble Industries.The work these employees performed was work that any reasonably capable high school graduate could do.When organizations representing nonwhites questioned the policy,the personnel director indicated that Union High School graduates were hired because they had worked successfully for the company and because the president of the company had graduated from that school.There was no evidence that there was any plan or intention to discriminate against nonwhites.Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.

(Essay)
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Cameo Industries desired a workplace free from all forms of sexual harassment.Accordingly,Cameo developed guidelines for its workers that specifically forbade sexual harassment.The guidelines gave examples of conduct that would not be tolerated,provided penalties,designated a company official as the proper person to whom complaints should be brought,investigated complaints thoroughly,and maintained an educational policy designed to remind employees of the policy. Maureen,a Cameo Industries employee,made a complaint of sexual harassment,charging that her supervisor had demanded sexual favors.An investigation was performed and the charge was substantiated.The supervisor was warned not to continue this conduct,but it happened again.The supervisor was again issued a warning.Finally,Maureen brought a court action against the supervisor and Cameo.Cameo defended on the ground that it had done all in its power to rectify the situation.Decide.

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The two principal legal theories under which a plaintiff may prove a case of unlawful employment discrimination are disparate treatment and disparate impact.

(True/False)
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Generally,what would not be considered a "reasonable accommodation" for persons with disabilities?

(Multiple Choice)
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It is not unlawful for an employer to hire employees on the basis of religion,sex,or national origin in those instances where religion,sex,or national origin is a bona fide occupational qualification (BFOQ)reasonably necessary to the normal operation of a particular enterprise.

(True/False)
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Employers may avoid liability for "hostile work environment" sexual harassment by following a program that includes expressing strong disapproval of such conduct,advising employees how to inform the employer of complaints,and disciplining wrongdoers.

(True/False)
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What is an employer defense to a disparate impact charge?

(Multiple Choice)
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The Equal Employment Opportunity Commission (EEOC)establishes equal employment opportunity policy under the laws that it administers.

(True/False)
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The Americans With Disabilities Act applies to private employers when:

(Multiple Choice)
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Disparate impact exists when facially neutral employment practices:

(Multiple Choice)
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Title VII of the Civil Rights Act of 1964,as amended,is the principal law regulating equal employment opportunities.

(True/False)
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