Exam 35: A: Employment Discrimination

Research Statistics Corporation uses a merit system to pay its employees according to their job performance.Suki,a female,and Troy,a male,are Research employees with comparable jobs.Due to superior performance,Suki is paid more than Troy.This is

The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of national origin.

Each time a person is paid discriminatory wages,benefits,or other compensation,a cause of action arises.

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

Under the Age Discrimination in Employment Act of 1967,when an older worker is laid off as part of a restructuring,he or she must present evidence that the layoff was motivated by age bias.

Marvel Machine Corporation requires its employees to have a high school diploma,claiming a definite connection between a high school edu?ca?tion and job performance.In a suit against Marvel under the Civil Rights Act of 1964,this requirement is shown to have a discriminatory effect.Marvel has

For twenty years,Ozzie works for Players Paradise,a destination for vacationers from across the United States,maintaining golf carts.After a steady stream of positive job evaluations and merit pay raises,Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players's courses.Five years later,a new employee,Quentin,is hired to oversee operations at all ten of Players's courses.Quentin demotes Ozzie,who is now over the age of forty,to running only one of the three cart facilities,and freezes his salary.Quentin demotes five other employees over the age of forty and places one of Ozzie's former facilities under the supervision of Richie,who is twenty-three.Ozzie overhears Richie say,"We're going to have to do away with these old,senile men." Less than a year later,Quentin reconsolidates the three cart facilities' operations under Richie's charge.Ozzie quits and files a suit against Players for employment discrimination.Should he prevail? Explain.

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

Fact Pattern 35-2B Ida replaces Hector in his job at Grocers Market Corporation (GMC). -Refer to Fact Pattern 35-2B.To succeed with an age-discrimination claim against GMC,Hector will have to show that

United Industrial 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

State employers are not immune from private suits brought by employees under the Americans with Disabilities Act of 1990.

Paula,a disabled person,applies for a job at Quantity Corporation for which she is well quali?fied,but for which she is rejected.Quantity continues to seek applicants and eventually fills the posi?tion with a person who is not disabled.Paula is most likely to succeed in a suit against Quantity for discrimination under the Americans with Disabilities Act of 1990 if she can show that

Under current law,an employer must adopt an affirmative action plan.

Federal law does not prohibit employers from engaging in gender-based wage discrimination.

Fact Pattern 35-1B Kit,manager of Long-Term Care Company's office in Metro City,de?cides to replace the office's male employees with females.Nia,an assis?tant manager transferred from a different Long-Term Care office,refuses to cooperate.Kit retali?ates against Nia,who quits.Within a year,the male employees also quit. -Refer to Fact Pattern 35-1B.Liability for Kit's conduct most likely rests with

If a job applicant or an employee with a disability,with reasonable accommodation,can perform essential job functions,the employer must make the accommodation.

Protection against retaliation under the Civil Rights Act of 1964 does not extend to an employee who answers questions during an employer's internal investigation of another employee's complaint.

There is no cap on damages for discrimination in violation of the Civil Rights Act of 1964.

Sexual harassment occurs when sexual favors are demanded in return for job opportunities,promotions,salary increases,or other benefits.

Sara is a repairperson for Telecommunications Company (TC).The job requires driving to remote areas to make repairs under any conditions.Sara has had the job longer than other employees.Sara applies for a promotion to a supervisory position that requires constant communica?tion with others in the field.TC rejects the application on the ground that Sara is hearing impaired.TC acknowledges that Sara is otherwise quali?fied,but asserts that it "needs someone who does not have a hear?ing dis?ability." Sara files a suit against TC under the Americans with Disabilities Act of 1990.What is the issue in this problem,and what are the relevant considerations on which its resolution depends?