Exam 35: Employment Discrimination

Fact Pattern 35-2A 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 impossible 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

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 of 1967. To establish a prima facie case, Vera must show, among other things, that she is

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

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

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

Fact Pattern 35-1A Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well qualified. 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

Employers can treat their employees more or less favorably based on their religious beliefs or practices.

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

Nina is a Jew and Odell is a college student. Based on this information, members of protected classes include

Eton files a suit in a federal district court against Florida, alleging employment discrimination under the Age Discrimination in Employment Act of 1967. The state asks the court to dismiss the suit. The court is most likely to rule that

With a couple of new ideas regarding software design, Carol and Ray start a partnership that, with business success, becomes Pacific Applications Company. The company grows to include a staff of twenty-one employees. Over time, Pacific develops a new computer operating system. The firm signs licensing contracts with several computer manufacturers, but needs to double the number of its employees to fulfill those contracts. Is Pacific subject to federal antidiscrimination laws If so, what should it consider in hiring new employees

Fact Pattern 35-1A Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well qualified. 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. Erasmus files a suit against Drain-Pro under the Civil Rights Act of 1964, claiming reverse discrimination. To support this claim, Erasmus must show that he is a member of

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

Protection against discrimination under the Civil Rights Act of 1964 does not extend to situations in which individuals are harassed by members of the same gender.

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

Federal law does not prohibit discrimination on the basis of gender in assessing an employee's education, training, or experience.

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

Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.

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

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.