Question 1

It is not necessary to prove intentional discrimination to prevail in a disparate impact case.

Accepted Answer

A) True 
 B)False

Question 2

In the Price Waterhouse v.Hopkins case,a female was denied partnership in an accounting firm after being told that to improve her chances for partnership,she should walk more femininely,talk more femininely,dress more femininely,wear make-up,have her hair styled,and wear jewelry.How did the U.S.Supreme Court rule?

Accepted Answer

A)  The employer committed sexual stereotyping constituting illegal discrimination. 
B)  The employer committed sexual stereotyping,but that such stereotyping did not constitute illegal discrimination. 
C)  The employer committed sexual stereotyping but that in such cases,only nominal (minimal)damages are available. 
D)  Despite the sexual stereotyping of such statements,the employer could avoid liability if it could show that it had received client complaints regarding the female's masculine-type qualities. 
A)  The employer committed sexual stereotyping constituting illegal discrimination. 
B)  The employer committed sexual stereotyping,but that such stereotyping did not constitute illegal discrimination. 
C)  The employer committed sexual stereotyping but that in such cases,only nominal (minimal)damages are available. 
D)  Despite the sexual stereotyping of such statements,the employer could avoid liability if it could show that it had received client complaints regarding the female's masculine-type qualities.

Question 3

The two distinct legal theories of discrimination for litigation in traditional Title VII actions are disparate treatment and disparate impact.

Accepted Answer

A) True 
 B)False

Question 4

In general,courts may hold that a one-time incident is not enough to create a hostile environment,except when the conduct was severe.

Accepted Answer

A) True 
 B)False

Question 5

Title VII provides that an employer may lawfully hire an individual on the basis of religion,sex,or national origin if religion,sex,or national origin is a bona fide occupational qualification.

Accepted Answer

A) True 
 B)False

Question 6

Ray is starting a new security service and retains Kai as legal counsel.Ray plans to prohibit all acts of discrimination and harassment but cannot be all places at all times.Ray asks Kai what can be done to limit Ray's liability.What should Kai tell Ray?

Accepted Answer

A)  Kai should tell Ray that there is nothing to worry about because Ray cannot be held liable for acts of supervisors as long as Ray has a rule prohibiting harassment. 
B)  Kai should tell Ray that under the law,Ray is automatically liable for any acts of harassment committed by supervisors 
C)  Kai should tell Ray to institute a policy providing all employees with an offer to correct any offensive conduct,and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help Ray avoid liability. 
D)  Kai should tell Ray to take advantage of a loophole in Title VII that allows business owners to opt out of the harassment provisions of Title VII. 
A)  Kai should tell Ray that there is nothing to worry about because Ray cannot be held liable for acts of supervisors as long as Ray has a rule prohibiting harassment. 
B)  Kai should tell Ray that under the law,Ray is automatically liable for any acts of harassment committed by supervisors 
C)  Kai should tell Ray to institute a policy providing all employees with an offer to correct any offensive conduct,and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help Ray avoid liability. 
D)  Kai should tell Ray to take advantage of a loophole in Title VII that allows business owners to opt out of the harassment provisions of Title VII.

Question 7

Explain the provisions of affirmative action and how it relates to Title VII.

Accepted Answer

Affirmative-action programs,generally vi

Question 8

What is the major provision of the Equal Pay Act of 1963?

Accepted Answer

A)  It mandates equal pay for equal work without regard to gender. 
B)  It mandates equal pay for equal work without regard to gender or age. 
C)  It mandates equal pay for equal work without regard to gender,race,or age. 
D)  It mandates equal pay for equal work without regard to race. 
A)  It mandates equal pay for equal work without regard to gender. 
B)  It mandates equal pay for equal work without regard to gender or age. 
C)  It mandates equal pay for equal work without regard to gender,race,or age. 
D)  It mandates equal pay for equal work without regard to race.

Question 9

In the McKennon v.Nashville Banner Publishing Co.case,after-acquired evidence of the plaintiff-employee's misconduct was introduced in a lawsuit filed under the ADEA.How did the U.S.Supreme Court rule?

Accepted Answer

A)  The court ruled that under such circumstances,the plaintiff's claim should be dismissed. 
B)  The court ruled that under such circumstances,remedies available to the plaintiff should be limited to back pay and should not include reinstatement or front pay. 
C)  The court ruled that under such circumstances,remedies available to the plaintiff should be limited to back pay and front pay and should not include reinstatement. 
D)  The court ruled that such evidence has no effect on the lawsuit or on available remedies. 
A)  The court ruled that under such circumstances,the plaintiff's claim should be dismissed. 
B)  The court ruled that under such circumstances,remedies available to the plaintiff should be limited to back pay and should not include reinstatement or front pay. 
C)  The court ruled that under such circumstances,remedies available to the plaintiff should be limited to back pay and front pay and should not include reinstatement. 
D)  The court ruled that such evidence has no effect on the lawsuit or on available remedies.

Question 10

Many states have passed their own fair employment acts.

Accepted Answer

A) True 
 B)False

Question 11

______includes demotions,reductions in pay,or other actions that affect an employee's status in a tangible manner.

Accepted Answer

A)  Accommodation 
B)  Quid pro quo discrimination 
C)  Notice of right to sue 
D)  Adverse employment action 
A)  Accommodation 
B)  Quid pro quo discrimination 
C)  Notice of right to sue 
D)  Adverse employment action

Question 12

The plaintiff in Thompson v.North American Stainless,LP,alleged he was fired as a retaliatory action because his fiancée had filed a complaint of discrimination against their mutual employer.The employer alleged he had no cause of action.How did the US.Supreme Court rule?

Accepted Answer

A)  The case was dismissed because the man was not personally subjected to discrimination. 
B)  The case was dismissed because the man was not personally subjected to discrimination and was not married to the person discriminated against. 
C)  The Court ruled that the man was in the "zone of interests" and could sue for retaliation,but that his remedies were limited to reinstatement. 
D)  The Court ruled that the man was in the "zone of interests" and could sue for retaliation. 
A)  The case was dismissed because the man was not personally subjected to discrimination. 
B)  The case was dismissed because the man was not personally subjected to discrimination and was not married to the person discriminated against. 
C)  The Court ruled that the man was in the "zone of interests" and could sue for retaliation,but that his remedies were limited to reinstatement. 
D)  The Court ruled that the man was in the "zone of interests" and could sue for retaliation.

Question 13

Under federal law,employees may not waive their rights under the Age Discrimination in Employment Act (ADEA).

Accepted Answer

A) True 
 B)False

Question 14

In Chevron USA,Inc.v.Echazabal,the plaintiff claimed Chevron violated his rights under the ADA when it refused to allow him to work in its refinery because of the plaintiff's liver disease and concerns regarding his health.How did the U.S.Supreme Court rule?

Accepted Answer

A)  The Court ruled that under the ADA,an employer is authorized to refuse to hire an individual if the individual's performance on the job would endanger his or her own health owing to a disability. 
B)  The Court ruled that under the ADA,an employer is only authorized to refuse to hire an individual if the individual's performance on the job would in any manner endanger another employee's health. 
C)  The Court ruled that under the ADA,an employer is only authorized to refuse to hire an individual if he or she has a communicable disease. 
D)  The Court ruled that under the ADA,an employer may not take into consideration a health condition that would present a problem to the applicant or others.The employer may only consider whether the applicant has the skills to do the job. 
A)  The Court ruled that under the ADA,an employer is authorized to refuse to hire an individual if the individual's performance on the job would endanger his or her own health owing to a disability. 
B)  The Court ruled that under the ADA,an employer is only authorized to refuse to hire an individual if the individual's performance on the job would in any manner endanger another employee's health. 
C)  The Court ruled that under the ADA,an employer is only authorized to refuse to hire an individual if he or she has a communicable disease. 
D)  The Court ruled that under the ADA,an employer may not take into consideration a health condition that would present a problem to the applicant or others.The employer may only consider whether the applicant has the skills to do the job.

Question 15

Federal legislation to amend Title VII to include sexual orientation has not been enacted.

Accepted Answer

A) True 
 B)False

Question 16

CASE 13.2,EEOC v.Abercrombie & Fitch Stores,Inc.(2015)involved a question of whether a clothing retailer violated Title VII when it refused to hire a Muslim woman-applicant because she wore a head scarf in violation of its company dress code,and whether the applicant gave proper notice of a religious accommodation.How did the court rule?

Accepted Answer

A)  The employer violated Title VII because an employer may not make an applicant's religious practice,confirmed or otherwise,a factor in employment decisions. 
B)  The employer violated Title VII because it cannot institute work dress code policies. 
C)  The employer did not violate Title VII because the employer did not have to accommodate the wearing of the scarf because such accommodation would place an undue hardship on the employer. 
D)  The employer did not violate Title VII because the applicant failed to give proper notice of a religious accommodation. 
A)  The employer violated Title VII because an employer may not make an applicant's religious practice,confirmed or otherwise,a factor in employment decisions. 
B)  The employer violated Title VII because it cannot institute work dress code policies. 
C)  The employer did not violate Title VII because the employer did not have to accommodate the wearing of the scarf because such accommodation would place an undue hardship on the employer. 
D)  The employer did not violate Title VII because the applicant failed to give proper notice of a religious accommodation.

Question 17

As the court stated in the Suarez v.Pueblo International,Inc.(2000)case,the ADEA guarantees workplaces "free from the ordinary ebb and flow of power relations and interoffice politics."​

Accepted Answer

A) True 
 B)False

Question 18

Under the Americans with Disabilities Act (ADA),a person who has a mental impairment that substantially limits only one of that person's major life activities cannot qualify as disabled.

Accepted Answer

A) True 
 B)False

Question 19

Neel is a cashier at Super Store.Saturday is the store's busiest day.Neel tells the supervisor Sammy that every Saturday is the religious holiday for the religion to which Neel has recently converted,and Neel will need to be off on Saturday to observe it.What are Sammy's obligations to Neel?

Accepted Answer

A)  Sammy has an absolute obligation under the law to let Neel off every Saturday unless able to prove that Neel is not using the time for religious observance. 
B)  Sammy cannot fire Neel based on her religious beliefs,but Sammy has no duty to let Neel off on the busiest day of the week. 
C)  Under the law,Sammy must allow Neel to be off as requested,but only if Neel can establish that under the tenets of religious beliefs Neel is doomed by not attending worship services regularly. 
D)  Sammy must make reasonable accommodations for Neel unless doing so would cause undue hardship on the business. 
A)  Sammy has an absolute obligation under the law to let Neel off every Saturday unless able to prove that Neel is not using the time for religious observance. 
B)  Sammy cannot fire Neel based on her religious beliefs,but Sammy has no duty to let Neel off on the busiest day of the week. 
C)  Under the law,Sammy must allow Neel to be off as requested,but only if Neel can establish that under the tenets of religious beliefs Neel is doomed by not attending worship services regularly. 
D)  Sammy must make reasonable accommodations for Neel unless doing so would cause undue hardship on the business.

Question 20

When an individual has experienced discrimination under Title VII,how is that violation addressed?

Accepted Answer

A)  A claim must be filed with the EEOC by a private lawyer within six months after the alleged unlawful employment practice occurred. 
B)  A plaintiff may institute a court action,but a plaintiff who does not file a charge of discrimination with the EEOC within a specified period may only recover back pay from the date a court action is filed. 
C)  A plaintiff must file a charge with the EEOC,but may also personally institute a court action to run concurrently with the EEOC investigation. 
D)  A plaintiff is required to file a charge with the EEOC within a specified period; but in the event the EEOC does not pursue the matter,the plaintiff may proceed personally after receiving a right-to-sue letter from the EEOC. 
A)  A claim must be filed with the EEOC by a private lawyer within six months after the alleged unlawful employment practice occurred. 
B)  A plaintiff may institute a court action,but a plaintiff who does not file a charge of discrimination with the EEOC within a specified period may only recover back pay from the date a court action is filed. 
C)  A plaintiff must file a charge with the EEOC,but may also personally institute a court action to run concurrently with the EEOC investigation. 
D)  A plaintiff is required to file a charge with the EEOC within a specified period; but in the event the EEOC does not pursue the matter,the plaintiff may proceed personally after receiving a right-to-sue letter from the EEOC.

Exam 13: Civil Rights and Employment Discrimination

It is not necessary to prove intentional discrimination to prevail in a disparate impact case.

The two distinct legal theories of discrimination for litigation in traditional Title VII actions are disparate treatment and disparate impact.

In general,courts may hold that a one-time incident is not enough to create a hostile environment,except when the conduct was severe.

Title VII provides that an employer may lawfully hire an individual on the basis of religion,sex,or national origin if religion,sex,or national origin is a bona fide occupational qualification.

Ray is starting a new security service and retains Kai as legal counsel.Ray plans to prohibit all acts of discrimination and harassment but cannot be all places at all times.Ray asks Kai what can be done to limit Ray's liability.What should Kai tell Ray?

Explain the provisions of affirmative action and how it relates to Title VII.

What is the major provision of the Equal Pay Act of 1963?

In the McKennon v.Nashville Banner Publishing Co.case,after-acquired evidence of the plaintiff-employee's misconduct was introduced in a lawsuit filed under the ADEA.How did the U.S.Supreme Court rule?

Many states have passed their own fair employment acts.

______includes demotions,reductions in pay,or other actions that affect an employee's status in a tangible manner.

The plaintiff in Thompson v.North American Stainless,LP,alleged he was fired as a retaliatory action because his fiancée had filed a complaint of discrimination against their mutual employer.The employer alleged he had no cause of action.How did the US.Supreme Court rule?

Under federal law,employees may not waive their rights under the Age Discrimination in Employment Act (ADEA).

In Chevron USA,Inc.v.Echazabal,the plaintiff claimed Chevron violated his rights under the ADA when it refused to allow him to work in its refinery because of the plaintiff's liver disease and concerns regarding his health.How did the U.S.Supreme Court rule?

Federal legislation to amend Title VII to include sexual orientation has not been enacted.

As the court stated in the Suarez v.Pueblo International,Inc.(2000)case,the ADEA guarantees workplaces "free from the ordinary ebb and flow of power relations and interoffice politics."​

Under the Americans with Disabilities Act (ADA),a person who has a mental impairment that substantially limits only one of that person's major life activities cannot qualify as disabled.

Neel is a cashier at Super Store.Saturday is the store's busiest day.Neel tells the supervisor Sammy that every Saturday is the religious holiday for the religion to which Neel has recently converted,and Neel will need to be off on Saturday to observe it.What are Sammy's obligations to Neel?

When an individual has experienced discrimination under Title VII,how is that violation addressed?

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As the court stated in the Suarez v.Pueblo International,Inc.(2000)case,the ADEA guarantees workplaces "free from the ordinary ebb and flow of power relations and interoffice politics."