Exam 28: Employment Discrimination and Diversity

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Veronica is a repairperson for Wind Power Company.The job requires traveling to remote areas to make repairs to windmills,transmission towers,and power stations under any conditions.Veronica has had the job longer than other employees.Veronica applies for a promotion to a supervisory position that requires constant communication with others in the field.Wind Power rejects the application on the ground that Veronica is hearing impaired.Wind Power acknowledges that Veronica is otherwise qualified,but asserts that it "needs someone who does not have a hearing problem." Veronica files a suit against Wind Power under the Americans with Disabilities Act.What is the issue,and what are the relevant considerations on which its resolution depends

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The issue is whether hiring a sign interpreter is a reasonable accommodation for an employee or an undue hardship for the employer.The Americans with Disabilities Act (ADA)prohibits employers from refusing to hire (or promote)disabled persons who are otherwise qualified for a particular position.An employer may have to make reasonable accommodations for a disabled applicant,but that will not cause the applicant to be considered unqualified.Reasonable accommodations might include creating new job assignments,and creating or improving training materials and procedures.Employers who do not wish to make such accommodations must demonstrate that the accommodations will cause "undue hardship." The law offers no uniform standards for identifying what is an undue hardship,but there are limits to the employer's obligation to accommodate an employee under the ADA.Accommodation cannot impose a "significant difficulty or expense" on the employer.Also,if a disabled employee can perform the essentials of his or her job without accommodation,then no violation of the ADA has occurred.Besides hiring a sign interpreter to accompany a deaf employee,in some cases a company could train an employee's co-workers in American Sign Language.The basics of sign language can be learned in just a few hours,so the expense to the company would be minimal.In the facts of this question,contact among distant field workers might be accomplished via texting and other visual means.

Under the Age Discrimination in Employment Act of 1967 permits private cause of action against employers for age discrimination.

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If a wage differential is due to any factor other than gender,then it does not violate the Equal Pay Act.

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Insurance Sales Corporation gives preferential treatment in hiring and promotion to the members of all protected classes.This treatment results in discrimination against members of the majority.This is

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Ruta is a supervisor for Subs & Suds,a restaurant.Tim is a Subs employee.The owner announces that some employees will be discharged.Ruta tells Tim that for sexual favors she will give him an excellent performance review and recommend a raise.This is

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The Civil Rights Act of 1964 prohibits job discrimination on the basis of merit.

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For an employer to successfully defend against a charge of a supervisor's sexual harassment,the plaintiff-employee must have taken a tangible employment action against the supervisor.

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Fact Pattern 28-1B (Questions B14-B15 apply) Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC). -Refer to Fact Pattern 28-1B.Lomax believes that he has been discriminated against on the basis of his age.For the Age Discrimination in Employment Act to apply

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Boni,the owner of Café Rico,knows about,but does not take any action to prevent,the sexual harassment of employees.Boni and the café may be liable for such harassment by

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Buena files a suit against Credit Services Corporation under the Civil Rights Act of 1964,alleging employment discrimination on the basis of gender on a disparate-impact theory.To succeed,Buena must show that Credit Services hires fewer women than the percentage of

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Any federal,state,or local affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to strict scrutiny by the courts.

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Employee demotion is one of the least frequently cited reasons for a finding of constructive discharge under Title VII of the Civil Rights Act of 1964.

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Merlin is a drug addict who has completed a supervised drug-rehabilitation program.Nabil used drugs casually in the past.Both work for Omni Insurance & Investments Inc.Considered to have a disability under the Americans with Disabilities Act of 1990

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Title VII of the Civil Rights Act of 1964 applies to employers with fifteen or less employees.

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

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Title VII of the Civil Rights Act of 1964 prohibits job discrimination against majority group individuals,such as white males.

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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 of 1964.To establish a prima facie case of employment discrimination,Sara must show all of the following except that

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Employers can avoid liability for employment discrimination on the basis of after-acquired evidence of an employee's misconduct.

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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 of 1964,this is shown to have a discriminatory effect.Solar Power has

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Employers are not required to modify their job-application and selection process so that those with disabilities can compete for jobs with those who do not have disabilities.

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