Question 1

Which of the following was the result in Holcomb v Iona College,the case referenced in the text involving a lawsuit by a white assistant coach of a college basketball team who alleged that he was fired because he was married to an African American woman?

Accepted Answer

A)  The court ruled that Title VII was inapplicable to such claims. 
B)  The court ruled that Title VII was inapplicable because a private college, as opposed to a public college, was involved. 
C)  The court ruled that Title VII protects the parties involved in a racially mixed marriage, but that in other situations, such as dating relationships, Title VII would not apply. 
D)  The court ruled that Title VII protects employees from discrimination based on their association with a person of a different race.

Question 2

Specifically set forth what courts consider in order to determine whether there is a hostile or abusive work environment.

Accepted Answer

The answer of Specifically set forth what courts consider in...

Question 3

Title VII has been successfully used to challenge English-only workplace rules.

Accepted Answer

A) True 
 B)False

Question 4

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 5

Which of the following is generally true regarding an award of lost future earnings in discrimination cases?

Accepted Answer

A)  Damages for lost future earnings are generally available so long as front pay is not awarded. 
B)  Damages for lost future earnings may be awarded in addition to damages for front pay. 
C)  Damages for lost future earnings are not available if either an award of back pay or front pay is given. 
D)  Damages for lost future earnings are not available.

Question 6

A reasonable accommodation for a disabled employee is required whether or not it would impose an undue hardship on the employer.

Accepted Answer

A) True 
 B)False

Question 7

Susan goes to work for Fashion Company,a U.S.company that has a branch in a repressive Middle Eastern country. Susan agrees to transfer to the Middle Eastern country. After working there for several months she notices that men who are less qualified are promoted to managerial jobs for which she has applied. Susan tells her supervisor,Will,that she is going to sue the company under Title VII because she is being discriminated against on the basis of her sex. He tells her to forget it because Title VII does not apply outside the U.S. He also tells her that even if he wanted to promote her,which he does not,the law in the Middle Eastern country prohibits the promotion of women into managerial positions. Susan tells him that he is nuts because she is fully protected as a U.S.citizen working for a U.S.company. Who is right and why?

Accepted Answer

The answer of Susan goes to work for Fashion Company,a...

Question 8

What did the U.S.Supreme Court rule regarding the effect on a Title VII claim of after-acquired evidence meaning evidence found during the course of discovery in a lawsuit that an employee violated company rules?

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.

Question 9

Sneaky opened a new dress shop catering to college aged students. Sneaky advertised for sales associates but would only hire applicants who had been trained in computer skills in high school. Sally,age 50,was denied employment on the basis that although she was highly skilled in computer usage,she obtained her training after high school. Computer training was not available in Sally's high school nor was it typically available in high schools during that time period. Sally sued for age discrimination. Sneaky denied liability pointing out that his advertisement only referred to computer training. It in no way referenced an age requirement. Sneaky claimed that the fact that all his associates were younger was simply a coincidence. Which of the following is true regarding Sally's claim?

Accepted Answer

A)  Sneaky should win because he was entitled to require high-school based computer training. 
B)  Sneaky should win unless Sally can obtain evidence that Sneaky intentionally used the requirement to discriminate based upon age. 
C)  Sally should win under a disparate treatment theory if she can show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act. 
D)  Sally should win under a disparate impact theory if she can show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act.

Question 10

Set forth the categories of individuals classified as disabled under the Americans with Disabilities Act.

Accepted Answer

The answer of Set forth the categories of individuals classified...

Question 11

Under the Americans with Disabilities Act (ADA)a person who is only regarded as having an impairment that substantially limits one or more of that person's major life activities cannot qualify as disabled.

Accepted Answer

A) True 
 B)False

Question 12

Under the EEOC,gender will qualify as a BFOQ where a gender-based restriction is based on

Accepted Answer

A)  assumptions of the comparative employment characteristics of women in general. 
B)  the rights of others to privacy. 
C)  stereotyped characterizations of the sexes. 
D)  sex but not age.

Question 13

The U.S.Supreme Court has ruled that a showing of a serious effect on an employee's psychological well-being is necessary for a hostile work environment claim under Title VII.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following is true regarding the filing of a claim under Title VII?

Accepted Answer

A)  There is no requirement that a claim be filed with the EEOC so long as a complaint is filed by a private lawyer within six months after the alleged unlawful employment practice occurred. 
B)  Although there is not a requirement that a plaintiff first file a charge of discrimination with the EEOC, a plaintiff who does not file a charge may only recover back pay from the date a court action is filed. 
C)  A plaintiff must file a charge with the EEOC, but the plaintiff 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; 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.

Question 15

Fact Pattern 13-1
Sam, who is age 60, was told by Big Company that he was being laid off. Sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act. Sam believed that his age was a factor in the decision to lay him off; but he really needed the money, so he signed an agreement whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age discrimination. Sam was given seven days to consider whether to enter into the agreement, and the agreement provided that it was final the date it was signed.
-Refer to fact pattern 13-1. Did the agreement Sam signed comply with the Older Workers' Benefit Protection Act?

Accepted Answer

A)  No, because it did not give Sam at least twenty-one days to consider whether to enter into the agreement. 
B)  No, because it did not give Sam at least seven days following execution of the agreement during which he could revoke it. 
C)  No, because it did not give Sam at least twenty-one days to consider whether to enter into the agreement, and also because it did not give Sam at least seven days following execution of the agreement during which he could revoke it. 
D)  Yes, it complied with the act.

Question 16

The U.S.Supreme Court ruled that sexual harassment must be committed by a member of the opposite sex in order to be actionable.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following was the result in the U.S.Supreme Court case in the text,Thompson v.North American Stainless,LP,involving whether a man could sue for retaliation under Title VII after he was fired because his fiancée had filed a complaint of discrimination against their mutual employer?

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 could sue for retaliation but that his remedies were limited to reinstatement. 
D)  The court ruled that the man could sue for retaliation and did not limit his remedies.

Question 18

What did the U.S.Supreme Court rule in Echazabal v.Chevron USA,Inc.,in which the plaintiff sued under the Americans with Disabilities Act (ADA)after the defendant refused to allow the plaintiff to work in its refinery because of his liver disease and concerns regarding his health?

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.

Question 19

Bob,age 60,works at Big Company as an assistant manager and has been approached by his supervisor,Sue,on several occasions for a date. She makes lewd and inappropriate comments to him that are very embarrassing. Bob complained to Selina,the president of Big Company,but no action was taken. In fact,Selina told him that he should feel lucky that Sue was interested in an old guy like him and proceeded to tell several jokes involving age and sexual performance. Again,Bob was humiliated and embarrassed. Bob complained to the Equal Employment Commission regarding what he believed was inappropriate conduct involving the requests for dates,and references to sex and age. Selina was told by the Commission representative that she needed to put a stop to inappropriate behavior. A few days later,Bob was told that he was being demoted. He was replaced by a 25 year old female. What causes of action,if any,would Bob have?

Accepted Answer

The answer of Bob,age 60,works at Big Company as an...

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 13: civil rights and employment discrimination

Which of the following was the result in Holcomb v Iona College,the case referenced in the text involving a lawsuit by a white assistant coach of a college basketball team who alleged that he was fired because he was married to an African American woman?

Specifically set forth what courts consider in order to determine whether there is a hostile or abusive work environment.

Title VII has been successfully used to challenge English-only workplace rules.

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.

Which of the following is generally true regarding an award of lost future earnings in discrimination cases?

A reasonable accommodation for a disabled employee is required whether or not it would impose an undue hardship on the employer.

What did the U.S.Supreme Court rule regarding the effect on a Title VII claim of after-acquired evidence meaning evidence found during the course of discovery in a lawsuit that an employee violated company rules?

Set forth the categories of individuals classified as disabled under the Americans with Disabilities Act.

Under the Americans with Disabilities Act (ADA)a person who is only regarded as having an impairment that substantially limits one or more of that person's major life activities cannot qualify as disabled.

Under the EEOC,gender will qualify as a BFOQ where a gender-based restriction is based on

The U.S.Supreme Court has ruled that a showing of a serious effect on an employee's psychological well-being is necessary for a hostile work environment claim under Title VII.

Which of the following is true regarding the filing of a claim under Title VII?

The U.S.Supreme Court ruled that sexual harassment must be committed by a member of the opposite sex in order to be actionable.

Which of the following was the result in the U.S.Supreme Court case in the text,Thompson v.North American Stainless,LP,involving whether a man could sue for retaliation under Title VII after he was fired because his fiancée had filed a complaint of discrimination against their mutual employer?

What did the U.S.Supreme Court rule in Echazabal v.Chevron USA,Inc.,in which the plaintiff sued under the Americans with Disabilities Act (ADA) after the defendant refused to allow the plaintiff to work in its refinery because of his liver disease and concerns regarding his health?

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