Exam 34: Employment Discrimination

Compensatory damages are only available for victims of in?tentional employment dis?crimination.

Piku files an employment discrimination suit against Quotient Accounting, Inc., under Title VII, based on its discharge of Piku. In these circum?stances, possible relief under Title VII includes

At least one court has held that an affirmative action program violated the U.S. Constitution.

A good business reason for a practice that has a discriminatory effect may permit an employer to avoid liability for discrimination.

To bring an action against an employer based on intentional dis?crimina?tion, a person must show that he or she is a mem?ber of a protected class.

Cora, a female, and Dom, a male, are employees of Equipment Leasing Corporation. Cora regularly e-mails sexually explicit images to Dom via Equipment Leasing's computer network. Dom finds this offensive. This is

Svetlana, 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

An employer is not liable for the sexual harassment of an employee by the employee's supervisor.

Under the Americans with Disabilities Act of 1990, a person with a men?tal impairment that "substantially limits" everyday activities is not disabled.

Rona is Stu's administrative assistant and both work for TriCounty Labor Inc. Stu tells Rona that for sexual favors, he will give her an excellent performance review and recommend a raise. This is

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

Gender can be a determining factor in an employer's decision to hire, fire, or promote an employee.

Fact Pattern 34-1A Fay works for General Construction Contractors but is the only woman on her shift. The male workers often play minor pranks on each other. Fay at?tempts a prank. Hank, her supervisor, fires her, because "GCC doesn't hold with pranks." -Refer to Fact Pattern 34-1A. To successfully defend itself in Fay's suit, GCC must show that Hank's statement was

An em?ployer who hires and fires workers ac?cording to a fair seniority sys?tem may have a good defense to an employment discrimination suit.

Fact Pattern 34-2A Beth, who has a disability, is an employee of Corporate Office Company . 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. -Paolo has cerebral palsy, Quincy has kleptomania, and both work for Reality Insurance Company. Considered disabled under the Americans with Disabilities Act

Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination.

United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files a suit against United under the Age Discrimination in Employment Act. To establish a prima facie case, Vera must show, among other things, that she is

A victim of alleged discrimination must bring a suit against an employer before filing a claim with the Equal Employment Opportunity Commission.

Fix-It Repair Shop does not take any action to prevent sexual harassment of its employees. Fix-It Repair may be liable for such harassment by

It is not unlawful for an employer to retaliate against an employee who has opposed a discriminatory employment practice.