Question 1

The Civil Rights Act of 1964 does not protect against reverse discrimination.

Accepted Answer

A) True 
 B)False  False

Question 2

Fact Pattern 35-2A (Questions A17-A18 apply)
Beth,who has a disability,is an employee of Corporate Office Company (COC).After the installation of new doors on COC's building,Beth finds it nearly im?possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability.
-Refer to Fact Pattern 35-2A.To succeed with a claim against COC under the Americans with Disabilities Act,Beth will have to show that

Accepted Answer

A) Beth consistently met the essential requirements of her job. 
B) COC refused to make reasonable accommodation for Beth. 
C) Dian is unqualified for Beth's position. 
D) the doors were installed as an act of intentional discrimination. 
A) Beth consistently met the essential requirements of her job. 
B) COC refused to make reasonable accommodation for Beth. 
C) Dian is unqualified for Beth's position. 
D) the doors were installed as an act of intentional discrimination. B

Question 3

Gelato Cheese Company,a major processor of cheese sold throughout the United States,employs one hundred workers at its principal processing plant.The plant is located in Heartland Corners,which has a population that is 50 percent white and 25 percent African American,with the bal?ance Hispanic American,Asian American,and others.Gelato 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.Gelato has an all-white cleaning crew.Has Gelato violated the Civil Rights Act of 1964? Explain.

Accepted Answer

An employer can legally impose an educational requirement if the requirement is directly related to,and necessary for,performance of the job.In this situation,the employer is requiring a high school diploma as a condition of employment for its cleaning crew.A high school diploma is not related to,or necessary for,the competent performance of a job on a cleaning crew.Gelato as an employer falls under the Civil Rights Act of 1964.Therefore,if someone were to challenge Gelato's practices,a court would be likely to consider the disparate impact that the educational requirement had on Gelato's hiring of minorities.Gelato's educational requirement resulted in its hiring an all-white cleaning crew in an area in which 75 percent of the pool of qualified applicants were minorities.Therefore,Gelato's educational requirement would likely be considered unintentional (disparate-impact)discrimination against minorities.

Question 4

An employee's resignation must be the foreseeable result of an em?ployer's discriminatory action to support a showing of constructive discharge.

Accepted Answer

A) True 
 B)False

Question 5

Fact Pattern 35-1A (Questions A5-A6 apply)
Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well quali?fied.He passes a test to determine which applicants are eligible for hiring,but the employer discards the results,and Erasmus is rejected.Drain-Pro continues to seek applicants.
-Refer to Fact Pattern 35-1A.To successfully defend itself against Erasmus's suit,Drain-Pro must articulate

Accepted Answer

A) a legitimate,nondiscriminatory reason for its action. 
B) a mere fear that it would be sued if it used the test results. 
C) a pretext for its action. 
D) a discriminatory basis for its action. 
A) a legitimate,nondiscriminatory reason for its action. 
B) a mere fear that it would be sued if it used the test results. 
C) a pretext for its action. 
D) a discriminatory basis for its action.

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

State employers are not immune from private suits brought by employ?ees under the Age Discrimination in Employment Act of 1967.

Accepted Answer

A) True 
 B)False

Question 8

Paolo has cerebral palsy,Quincy has kleptomania,and both work for Reality Insurance Company.Considered disabled under the Americans with Disabilities Act

Accepted Answer

A) are Paolo and Quincy. 
B) is Paolo only. 
C) is Quincy only. 
D) is neither Paolo nor Quincy. 
A) are Paolo and Quincy. 
B) is Paolo only. 
C) is Quincy only. 
D) is neither Paolo nor Quincy.

Question 9

Vincenzo is a pilot for Wayfarer Airlines.Wayfarer's policy is to restrict Vincenzo and its other pilots from flight responsibilities after a certain age.This is most likely

Accepted Answer

A) a legitimate bona fide occupational qualification. 
B) discrimination on the basis of age. 
C) association discrimination. 
D) discrimination on the basis of disability. 
A) a legitimate bona fide occupational qualification. 
B) discrimination on the basis of age. 
C) association discrimination. 
D) discrimination on the basis of disability.

Question 10

Greta is the only female employee in the maintenance department of Hydro Hydraulics Inc.Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit.This is

Accepted Answer

A) a constructive discharge on the basis of gender discrimination. 
B) a harassing discharge on the basis of treatment discrimination. 
C) a voluntary discharge on the basis of impact discrimination. 
D) not a discharge or discrimination. 
A) a constructive discharge on the basis of gender discrimination. 
B) a harassing discharge on the basis of treatment discrimination. 
C) a voluntary discharge on the basis of impact discrimination. 
D) not a discharge or discrimination.

Question 11

Ruth is a supervisor for Subs & Suds,a restaurant.Tim is a Subs em?ployee.The owner announces that some em?ployees will be discharged.Ruth tells Tim that if he has sex with her,he can keep his job.This is

Accepted Answer

A) harassment on the basis of sexual orientation. 
B) not harassment. 
C) quid pro quo harassment. 
D) same-gender harassment. 
A) harassment on the basis of sexual orientation. 
B) not harassment. 
C) quid pro quo harassment. 
D) same-gender harassment.

Question 12

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws.These laws re?strict the ability of employers to discriminate against workers on the basis of

Accepted Answer

A) experience. 
B) gender. 
C) intelligence. 
D) skill. 
A) experience. 
B) gender. 
C) intelligence. 
D) skill.

Question 13

The Americans with Disabilities Act of 1990 requires that employers ac?commodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work

Accepted Answer

A) True 
 B)False

Question 14

The Civil Rights Act of 1964 does not prohibit job discrimination in the hiring process.

Accepted Answer

A) True 
 B)False

Question 15

A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.

Accepted Answer

A) True 
 B)False

Question 16

Protection against retaliation under the Civil Rights Act of 1964 does not extend to an employee who speaks out about discrimination on his or her own initiative.

Accepted Answer

A) True 
 B)False

Question 17

An employer's discrimination against job applicants or employees on cer?tain grounds may violate federal law.

Accepted Answer

A) True 
 B)False

Question 18

Under the Age Discrimination in Employment Act of 1967,a plaintiff must prove that he or she was replaced by a person "outside the pro?tected class."

Accepted Answer

A) True 
 B)False

Question 19

Fact Pattern 35-2A (Questions A17-A18 apply)
Beth,who has a disability,is an employee of Corporate Office Company (COC).After the installation of new doors on COC's building,Beth finds it nearly im?possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability.
-Refer to Fact Pattern 35-2A.To successfully defend against Beth's claim,COC will have to show that

Accepted Answer

A) Beth consistently failed to meet the essential requirements of her job. 
B) COC cannot make changes to the doors without undue hardship. 
C) Dian is qualified for Beth's position. 
D) the doors were not installed as an act of intentional discrimination. 
A) Beth consistently failed to meet the essential requirements of her job. 
B) COC cannot make changes to the doors without undue hardship. 
C) Dian is qualified for Beth's position. 
D) the doors were not installed as an act of intentional discrimination.

Question 20

Employers can consider mitigating measures or medications when de?termining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990.

Accepted Answer

A) True 
 B)False

Exam 35: Employment Discrimination

The Civil Rights Act of 1964 does not protect against reverse discrimination.

An employee's resignation must be the foreseeable result of an em?ployer's discriminatory action to support a showing of constructive discharge.

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

State employers are not immune from private suits brought by employ?ees under the Age Discrimination in Employment Act of 1967.

Paolo has cerebral palsy,Quincy has kleptomania,and both work for Reality Insurance Company.Considered disabled under the Americans with Disabilities Act

Vincenzo is a pilot for Wayfarer Airlines.Wayfarer's policy is to restrict Vincenzo and its other pilots from flight responsibilities after a certain age.This is most likely

Greta is the only female employee in the maintenance department of Hydro Hydraulics Inc.Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit.This is

Ruth is a supervisor for Subs & Suds,a restaurant.Tim is a Subs em?ployee.The owner announces that some em?ployees will be discharged.Ruth tells Tim that if he has sex with her,he can keep his job.This is

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws.These laws re?strict the ability of employers to discriminate against workers on the basis of

The Americans with Disabilities Act of 1990 requires that employers ac?commodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work

The Civil Rights Act of 1964 does not prohibit job discrimination in the hiring process.

A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.

Protection against retaliation under the Civil Rights Act of 1964 does not extend to an employee who speaks out about discrimination on his or her own initiative.

An employer's discrimination against job applicants or employees on cer?tain grounds may violate federal law.

Under the Age Discrimination in Employment Act of 1967,a plaintiff must prove that he or she was replaced by a person "outside the pro?tected class."

Employers can consider mitigating measures or medications when de?termining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990.

Introduction to Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Court Procedures

Constitutional Authority to Regulate Business

Ethics and Business Decision Making

Intentional Torts and Privacy

Negligence and Strict Liability

Intellectual Property and Internet Law

Criminal Law and Cyber Crime

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Mistakes, fraud, and Voluntary Consent

The Statute of Frauds

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

The Formation of Sales and Lease Contracts

Title, risk, and Insurable Interest

Performance Breach of Sales Lease Contracts

Warranties and Product Liability

International Law in a Global Economy

The Function Creation of Negotiable Instruments

Transferability and Holder in Due Course

Liability,defenses,and Discharge

Checks and Banking in the Digital Age

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Mortgages Foreclosures After the Recession

Agency Formation and Duties

Agency Liability and Termination

Employment,immigration,and Labor Law

Sole Proprietorships and Franchises

Partnerships and Limited Liability Partnerships

Limited Liability Companies Special Business Forms

Corporate Formation and Financing

Corporate Directors,officers, Shareholders

Corporate Merger, consolidation, Termination

Securities Law Corporate Governance

Law for Small Business

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

Professional Liaility and Accountability

Personal Property and Bailments

Real Property Landlord-Tenant Relationships

Insurance

Wills and Trusts

Legal and Ethical Considerations in Sustainability, Discovery, and Corporate Behavior

Legal and Ethical Issues in Contemporary Society

Contracts and Agreements

Legal Issues in Iowa's Video Game Labeling Statute, National Export Initiative, and Contract Law

Banking and Loan Liability

Bankruptcy and Agricultural Credit: Debts, Reporting, and Risk

Legal and Ethical Issues in Employment and Agency Relationships

Legal Issues in Business Franchising, LLC Management, Tax Collection, Director Liability, and Securities Regulations

Compliance and Ethics Issues in Business Operations

Risk Assessment, Virtual Property, Property Rights, and Building Moratoriums

Filters