Question 1

In 1991, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages per person to be up to:

Accepted Answer

A)  $100,000. 
B)  $250,000. 
C)  $300,000. 
D)  $1 million. 
E)  $400,000.

Question 2

State antidiscrimination laws cannot protect categories of persons not stipulated by federal law.

Accepted Answer

A) True 
 B)False

Question 3

Refusing to hire people because of a poor credit rating, when minorities are disproportionately affected, would be an example of disparate impact on race.

Accepted Answer

A) True 
 B)False

Question 4

The Genetic Information Nondiscrimination Act (GINA) establishes a federal baseline for protection against employment discrimination based on genetic information.

Accepted Answer

A) True 
 B)False

Question 5

What kinds of impairments are covered under the Americans with Disabilities Act (ADA) and what are not?

Accepted Answer

The answer of What kinds of impairments are covered under...

Question 6

A successful plaintiff in an Age Discrimination in Employment Act (ADEA) action cannot recover money damages from a state entity.

Accepted Answer

A) True 
 B)False

Question 7

What is a seniority system and what does it affect?

Accepted Answer

The answer of What is a seniority system and what...

Question 8

A shipyard company employed a female welder who was harassed by her male employees. The men wrote obscene graffiti directed at the victim all over the plant. The men also made numerous suggestive and offensive remarks to the victim concerning her body and the pictures posted on the walls. The victim complained about this atmosphere of harassment. The company's supervisory personnel immediately transfered the erring employees to another department. After this, the victim is seen talking to the erring employees and having lunch with them. A few days later, she sues the company for creating a hostile working environment. Does the company have any defense against the charges?

Accepted Answer

The answer of A shipyard company employed a female welder...

Question 9

Discrimination in pay is allowed if:

Accepted Answer

A)  it arises from a piecework production system. 
B)  the discrimination is confidential. 
C)  it is based on personal characteristics. 
D)  the salary is not in U.S. dollars. 
E)  it is based on gender.

Question 10

The 1991 amendments to the Civil Rights Act allow:

Accepted Answer

A)  recovery of damages at any time after discrimination is practiced. 
B)  recovery of compensatory and punitive damages when employers are guilty of intentional discrimination. 
C)  recovery of compensatory and punitive damages when employers are guilty of negligent discrimination. 
D)  punitive damages of twice the compensatory damages when negligence is proven. 
E)  speculative damages along with the legal fees.

Question 11

The _____ requirement means that federally contracting employers must hire members of these groups when there are fewer minority workers in a given job category than one could reasonably expect, considering their availability.

Accepted Answer

A)  disparate treatment 
B)  affirmative action 
C)  reverse discrimination 
D)  retaliation 
E)  business necessity defense

Question 12

The _____, effective November 2009, prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information.

Accepted Answer

A)  Genetic Privacy and Nondiscrimination Act 
B)  Genetic Fairness Act 
C)  Genetic Information Nondiscrimination in Health Insurance Act 
D)  Genetic Confidentiality and Nondiscrimination Act 
E)  Genetic Information Nondiscrimination Act

Question 13

All of the following are steps an employer can take to address allegations of discrimination without triggering a retaliation claim EXCEPT:

Accepted Answer

A)  treat complaints seriously as soon as they are made. 
B)  be sure managers and other employees know and follow the company's policies on discrimination. 
C)  follow-up with the complainant, including explaining how the company will address the problem. 
D)  take adverse action against a complainant based on information obtained in the investigation. 
E)  create an atmosphere in which the complainant and others with information feel comfortable coming forward with information.

Question 14

Under the Americans with Disabilities Act (ADA), compensatory and punitive damages are available for policies that have disparate impact.

Accepted Answer

A) True 
 B)False

Question 15

With regard to the Equal Pay Act, courts have recognized that "equal" means:

Accepted Answer

A)  identical. 
B)  indistinguishable. 
C)  substantially equal. 
D)  vaguely equal. 
E)  similar.

Question 16

According to a lawsuit filed by the EEOC a year ago, Asif Jamal, a Muslim who worked as a security officer for a nonprofit group in California, was fired after he refused the company's request to donate money to a Catholic school because the school's religious mission was different from his own beliefs. Is the nonprofit group liable to be sued for promoting religious discrimination?

Accepted Answer

The answer of According to a lawsuit filed by the...

Question 17

If the employer stops a pregnant employee from working because the employer truly believes that it is in the best interests of the mother and baby, the employer has not violated the Pregnancy Discrimination Act even if the employee is capable and willing to continue working.

Accepted Answer

A) True 
 B)False

Question 18

What is the difference between affirmative action and the setting of quotas?

Accepted Answer

The answer of What is the difference between affirmative action...

Question 19

A cleaning company rotates its staff to different floors on a monthly basis. One crew member has a psychiatric disability. While his mental illness does not affect his ability to perform the various cleaning functions, it does make it difficult to adjust to alterations in his daily routine. The employee has had significant difficulty adjusting to the monthly changes in floor assignments. In view of this difficulty, the employer decides to allow him to stay on one floor permanently. This is an example of:

Accepted Answer

A)  disparate treatment. 
B)  affirmative action. 
C)  hostile work environment. 
D)  retaliation. 
E)  reasonable accommodation.

Question 20

Under Title VII, sexual harassment:

Accepted Answer

A)  requires a quid pro quo situation. 
B)  must be between an employee and a supervisor to be actionable. 
C)  can be the creation of a hostile work environment based on unwanted sexual comments. 
D)  can occur only if the people involved are of opposite sexes. 
E)  can occur only if there is the question of economic loss.

Exam 20: Discrimination in Employment

In 1991, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages per person to be up to:

State antidiscrimination laws cannot protect categories of persons not stipulated by federal law.

Refusing to hire people because of a poor credit rating, when minorities are disproportionately affected, would be an example of disparate impact on race.

The Genetic Information Nondiscrimination Act (GINA) establishes a federal baseline for protection against employment discrimination based on genetic information.

What kinds of impairments are covered under the Americans with Disabilities Act (ADA) and what are not?

A successful plaintiff in an Age Discrimination in Employment Act (ADEA) action cannot recover money damages from a state entity.

What is a seniority system and what does it affect?

Discrimination in pay is allowed if:

The 1991 amendments to the Civil Rights Act allow:

The _____ requirement means that federally contracting employers must hire members of these groups when there are fewer minority workers in a given job category than one could reasonably expect, considering their availability.

The _____, effective November 2009, prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information.

All of the following are steps an employer can take to address allegations of discrimination without triggering a retaliation claim EXCEPT:

Under the Americans with Disabilities Act (ADA), compensatory and punitive damages are available for policies that have disparate impact.

With regard to the Equal Pay Act, courts have recognized that "equal" means:

If the employer stops a pregnant employee from working because the employer truly believes that it is in the best interests of the mother and baby, the employer has not violated the Pregnancy Discrimination Act even if the employee is capable and willing to continue working.

What is the difference between affirmative action and the setting of quotas?

Under Title VII, sexual harassment: