Exam 35: B: Employment Discrimination

Disparate-impact discrimination occurs when a protected group of peo?ple is adversely affected by an employer's practices,even though they do not appear to be discriminatory.

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

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

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

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 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

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.

A tangible employment action is a significant change in employment status or benefits.

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

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

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."

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

Fact Pattern 35-1A 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.Erasmus files a suit against Drain-Pro un?der the Civil Rights Act of 1964,claiming reverse discrimination.To support this claim,Erasmus must show that he is a member of

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 sys?tem.The firm signs licensing contracts with several computer manu?fac?turers,but needs to double the number of its employees to fulfill those con?tracts.Is Pacific subject to federal antidiscrimination laws? If so,what should it consider in hiring new employees?

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

Fact Pattern 35-1A 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

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

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

Jason and Katrina work on the loading dock for Longhaul Transport Company.Jason has a disability.Katrina has seniority.Jason asks for a transfer,which would represent an accommodation for his disability.Longhaul gives the transfer to Katrina on the basis of her seniority.Jason files a suit against Longhaul for discrimination on the basis of his disability.The court is most likely to rule that

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

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