Question 1

Solar Power Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school edu?ca?tion and job performance. In a suit against Solar Power under the Civil Rights Act of 1964, this is shown to have a discriminatory effect. Solar Power has

Accepted Answer

A)  an affirmative action defense. 
B)  a bona fide occupational qualification defense. 
C)  a business necessity defense. 
D)  no defense.

Question 2

Title VII of the Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males.

Accepted Answer

A) True 
 B)False

Question 3

Buena files a suit against Credit Services Corporation under the Civil Rights Act of 1964, alleging employment discrimination on the basis of gender on a disparate-impact theory. To succeed, Buena must show that Credit Services hires fewer women than the per?centage of

Accepted Answer

A)  qualified women in the local labor market. 
B)  qualified women in the United States. 
C)  women in Credit Services's state. 
D)  women who apply to Credit Services for work.

Question 4

Iago believes that he is a victim of a form of employment discrimination that falls under the Civil Rights Act of 1964. Compliance with this statute is monitored by

Accepted Answer

A)  employees and job applicants, not an administrative agency. 
B)  employers and businesses, not an administrative agency. 
C)  the courts and Congress, not an administrative agency. 
D)  the Equal Employment Opportunities Commission.

Question 5

Sexual harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.

Accepted Answer

A) True 
 B)False

Question 6

Emylee, an employee of Farm Supplies, Inc., files a sexual-harassment suit against Gowan, her supervisor. Emylee wins. Farm Supplies may also be liable if it had effective harassment policies and complaint procedures, and

Accepted Answer

A)  none of the employees followed them. 
B)  Emylee followed them. 
C)  all of the employees were aware of them. 
D)  Gowan followed them.

Question 7

Free-Flo Pipes & Plumbing Corporation is a private employer in?volved in an employment discrimination suit under the Civil Rights Act of 1964. Punitive damages may be recovered against Free-Flo only if the employer

Accepted Answer

A)  acted with malice or reckless indifference. 
B)  can easily afford to pay the amount. 
C)  has one hundred or more employees. 
D)  consents.

Question 8

For an employer to successfully defend against a charge of a supervisor's sexual harassment, the plaintiff-employee must have taken a tangible employment action against the supervisor.

Accepted Answer

A) True 
 B)False

Question 9

Neville, a member of a protected class, applies for a job with Origami Paper Products Corporation, but fails the company's employment test and is not hired. Neville believes that the test has an unintentionally discriminatory effect. If so, this is

Accepted Answer

A)  reverse discrimination. 
B)  disparate-impact discrimination. 
C)  disparate-treatment discrimination. 
D)  not discrimination.

Question 10

Elsa participates in an investigation into possible violations of the Civil Rights Act of 1964 at Fabrication Foundry, Inc., where she works. As a result, Elsa's employer demotes her. Elsa can file a

Accepted Answer

A)  harassment complaint. 
B)  retaliation claim. 
C)  constructive discharge claim. 
D)  disparate-impact discrimination claim.

Question 11

Under the Age Discrimination in Employment Act of 1967 permits private cause of action against employers for age discrimination.

Accepted Answer

A) True 
 B)False

Question 12

Employers can avoid liability for employment discrimination on the basis of after-acquired evidence of an employee's misconduct.

Accepted Answer

A) True 
 B)False

Question 13

Ruta is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some em?ployees will be discharged. Ruta tells Tim that for sexual favors she will give him an excellent performance review and recommend a raise. This is

Accepted Answer

A)  harassment on the basis of sexual orientation. 
B)  hostile-environment harassment. 
C)  not harassment. 
D)  quid pro quo harassment.

Question 14

Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act of 1964.

Accepted Answer

A) True 
 B)False

Question 15

Fact Pattern 35-1B (Questions B14-B15 apply)
Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC).
-Refer to Fact Pattern 35-1B. To succeed with an age-discrimination claim against MVMC, Lomax will have to show that

Accepted Answer

A)  Kyla is not qualified for Lomax's job. 
B)  Lomax is qualified for his job. 
C)  MVMC's qualifications for Lomax's job are too high. 
D)  no one could do Lomax's job as well as he could.

Question 16

Insurance Sales Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is

Accepted Answer

A)  disparate-impact discrimination. 
B)  gender discrimination. 
C)  not discrimination. 
D)  reverse discrimination.

Question 17

Any federal, state, or local affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to strict scrutiny by the courts.

Accepted Answer

A) True 
 B)False

Question 18

The Americans with Disabilities Act of 1990 defines persons with disabilities as persons with physical or mental impairments that "substantially limit" one or more everyday activities of the affected individuals.

Accepted Answer

A) True 
 B)False

Question 19

Melanie files an employment discrimination suit against Natural Resources Industries Corporation under the Civil Rights Act of 1964 on a disparate-impact theory. To succeed, Melanie must show that members of a protected class are adversely affected by any of the following except the employer's

Accepted Answer

A)  practices. 
B)  procedures. 
C)  tests. 
D)  seniority system.

Question 20

The Civil Rights Act of 1964 prohibits job discrimination on the basis of merit.

Accepted Answer

A) True 
 B)False

Exam 35: Employment Discrimination and Diversity

Solar Power Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school edu?ca?tion and job performance. In a suit against Solar Power under the Civil Rights Act of 1964, this is shown to have a discriminatory effect. Solar Power has

Title VII of the Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males.

Buena files a suit against Credit Services Corporation under the Civil Rights Act of 1964, alleging employment discrimination on the basis of gender on a disparate-impact theory. To succeed, Buena must show that Credit Services hires fewer women than the per?centage of

Iago believes that he is a victim of a form of employment discrimination that falls under the Civil Rights Act of 1964. Compliance with this statute is monitored by

Sexual harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.

Emylee, an employee of Farm Supplies, Inc., files a sexual-harassment suit against Gowan, her supervisor. Emylee wins. Farm Supplies may also be liable if it had effective harassment policies and complaint procedures, and

Free-Flo Pipes & Plumbing Corporation is a private employer in?volved in an employment discrimination suit under the Civil Rights Act of 1964. Punitive damages may be recovered against Free-Flo only if the employer

For an employer to successfully defend against a charge of a supervisor's sexual harassment, the plaintiff-employee must have taken a tangible employment action against the supervisor.

Neville, a member of a protected class, applies for a job with Origami Paper Products Corporation, but fails the company's employment test and is not hired. Neville believes that the test has an unintentionally discriminatory effect. If so, this is

Elsa participates in an investigation into possible violations of the Civil Rights Act of 1964 at Fabrication Foundry, Inc., where she works. As a result, Elsa's employer demotes her. Elsa can file a

Under the Age Discrimination in Employment Act of 1967 permits private cause of action against employers for age discrimination.

Employers can avoid liability for employment discrimination on the basis of after-acquired evidence of an employee's misconduct.

Ruta is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some em?ployees will be discharged. Ruta tells Tim that for sexual favors she will give him an excellent performance review and recommend a raise. This is

Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act of 1964.

Fact Pattern 35-1B (Questions B14-B15 apply) Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 35-1B. To succeed with an age-discrimination claim against MVMC, Lomax will have to show that

Insurance Sales Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is

Any federal, state, or local affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to strict scrutiny by the courts.

The Americans with Disabilities Act of 1990 defines persons with disabilities as persons with physical or mental impairments that "substantially limit" one or more everyday activities of the affected individuals.

Melanie files an employment discrimination suit against Natural Resources Industries Corporation under the Civil Rights Act of 1964 on a disparate-impact theory. To succeed, Melanie must show that members of a protected class are adversely affected by any of the following except the employer's

The Civil Rights Act of 1964 prohibits job discrimination on the basis of merit.