Question 1

Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries

Accepted Answer

A)   if it acted with reckless indifference to an individual's rights.
B)   if it can easily afford to pay the amount.
C)   if it has one hundred or more employees.
D)   under no circumstances. A

Question 2

Mechanical Engineering Inc. may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by

Accepted Answer

A)   the employee's previous employer.
B)   a company supervisor.
C)   a competitor.
D)   any of the choices. B

Question 3

A business necessity is a defense against employment discrimination based on the genuine requirements of a business.

Accepted Answer

A) True 
 B)False  True

Question 4

Marv files a suit against the state of New Hampshire, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

Accepted Answer

A)   the state is immune from the suit.
B)   the suit can proceed.
C)   the plaintiff is immune from any defense.
D)   the court is immune from the request.

Question 5

A worker who is dissuaded from filing a charge of discrimination by an employer's threat to change the benefits of the job has a basis for a claim of retaliation.

Accepted Answer

A) True 
 B)False

Question 6

Under the Age Discrimination in Employment Act, the plaintiff must show that the unlawful discrimination was only one of the reasons for an adverse employment action.

Accepted Answer

A) True 
 B)False

Question 7

If an employer sued for an adverse employment action on the basis of discrimination articulates a legal reason for the action, the employer wins.

Accepted Answer

A) True 
 B)False

Question 8

Holly files an employment discrimination suit against Industrial Inc. under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, Holly must show in part that she was adversely affected by the employer's

Accepted Answer

A)   practice.
B)   any of the choices.
C)   business necessity.
D)   bona fide occupational qualification.

Question 9

Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is

Accepted Answer

A)   a prima facie case.
B)   a bona fide occupational qualification defense.
C)   a business necessity defense.
D)   disparate-impact discrimination.

Question 10

Under the Uniformed Services Employment and Reemployment Rights Act, any person who has served in the military is entitled to more favorable treatment in the workplace than a co-worker who has not served.

Accepted Answer

A) True 
 B)False

Question 11

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of

Accepted Answer

A)   the primary duties of the jobs.
B)   all of the choices.
C)   a seniority or merit system.
D)   any factor other than gender.

Question 12

Sara believes that she was rejected for a position at Tour Agency on the basis of her race. Sara files a suit against Tour under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

Accepted Answer

A)   she is a member of a protected class.
B)   she applied and was qualified for the job in question.
C)   she was rejected for a position by the employer.
D)   other persons of her race hold similar positions with similar employers.

Question 13

An affirmative action plan may be found to be unconstitutional because it

Accepted Answer

A)   does not attempt to remedy past discrimination.
B)   does not make use of quotas or preferences.
C)   has not succeeded in remedying discrimination.
D)   has succeeded and subsequently been eliminated.

Question 14

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 promotion 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?

Accepted Answer

The answer of Veronica is a repairperson for Wind Power...

Question 15

Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference.

Accepted Answer

A) True 
 B)False

Question 16

Inez files an employment discrimination suit against Jiffy Delivery Inc. under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes

Accepted Answer

A)   imprisonment.
B)   reinstatement.
C)   fines.
D)   an order to close the employer's business.

Question 17

Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

Accepted Answer

A) True 
 B)False

Question 18

Under the Americans with Disabilities Act, employees with disabilities must reasonably accommodate the needs of their employers.

Accepted Answer

A) True 
 B)False

Question 19

Olive is a supervisor for Pasta!, a restaurant. Qua is a Pasta! employee. The owner announces that some employees will be discharged. Olive tells Qua that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

Accepted Answer

A)   employer retaliation.
B)   hostile-environment harassment.
C)   none of the choices.
D)   quid pro quo harassment.

Question 20

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file

Accepted Answer

A)   none of the choices.
B)   a retaliation claim.
C)   a constructive discharge claim.
D)   a disparate-impact discrimination claim.

Exam 29: Employment Discrimination

Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries

Mechanical Engineering Inc. may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by

A business necessity is a defense against employment discrimination based on the genuine requirements of a business.

Marv files a suit against the state of New Hampshire, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

A worker who is dissuaded from filing a charge of discrimination by an employer's threat to change the benefits of the job has a basis for a claim of retaliation.

Under the Age Discrimination in Employment Act, the plaintiff must show that the unlawful discrimination was only one of the reasons for an adverse employment action.

If an employer sued for an adverse employment action on the basis of discrimination articulates a legal reason for the action, the employer wins.

Holly files an employment discrimination suit against Industrial Inc. under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, Holly must show in part that she was adversely affected by the employer's

Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is

Under the Uniformed Services Employment and Reemployment Rights Act, any person who has served in the military is entitled to more favorable treatment in the workplace than a co-worker who has not served.

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of

Sara believes that she was rejected for a position at Tour Agency on the basis of her race. Sara files a suit against Tour under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

An affirmative action plan may be found to be unconstitutional because it

Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference.

Inez files an employment discrimination suit against Jiffy Delivery Inc. under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes

Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

Under the Americans with Disabilities Act, employees with disabilities must reasonably accommodate the needs of their employers.

Olive is a supervisor for Pasta!, a restaurant. Qua is a Pasta! employee. The owner announces that some employees will be discharged. Olive tells Qua that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file