Question 1

Mold & Dye Corporation is a private employer in?volved in a Title VII employment discrimination suit. Punitive damages may be recovered against Mold & Dye 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)  none of the choices.

Question 2

Fact Pattern 34-2B 
Lita replaces Manny in his job at Neighborly Business Corporation .
-Refer to Fact Pattern 34-2B. To succeed with an age-discrimination claim against CBC, Manny will have to show that

Accepted Answer

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

Question 3

A small difference in job content can justify higher pay for one gender.

Accepted Answer

A) True 
 B)False

Question 4

Eton sues Funds Investment Company for employment discrimina?tion under a state law. When compared to federal law, state law may provide

Accepted Answer

A)  less damages only. 
B)  more damages. 
C)  no damages. 
D)  the same damages only.

Question 5

Refer to Fact Pattern 34-2A. To successfully defend against Beth's claim, COC will have to show that

Accepted Answer

A)  Beth consistently failed to meet the essential requirements of her job. 
B)  COC cannot make changes to the doors without undue hardship. 
C)  Dian is qualified for Beth's position. 
D)  the doors were not installed as an act of intentional discrimination.

Question 6

Jake is a U.S. citizen working abroad for Kettle Corporation, which is a U.S. firm. Jake is protected by U.S. employment discrimination laws only if

Accepted Answer

A)  Jake also works in the United States. 
B)  Kettle agrees to comply. 
C)  there is no such law in the country in which Jake works. 
D)  this does not violate the law of the country in which Jake works.

Question 7

Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include

Accepted Answer

A)  Lee and Mira. 
B)  Lee only. 
C)  Mira only. 
D)  neither Lee nor Mira.

Question 8

Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is

Accepted Answer

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

Question 9

Fact Pattern 34-2B 
Lita replaces Manny in his job at Neighborly Business Corporation .
-Refer to Fact Pattern 34-2B. Manny believes that he has been discriminated against on the basis of his age. For the Age Dis?crimination in Employment Act of 1967 to apply

Accepted Answer

A)  all parties must be forty years of age or younger. 
B)  Lita must be forty years of age or older. 
C)  Manny must be forty years of age or older. 
D)  NBC must have been in existence for at least forty years.

Question 10

To establish a prima facie case of discrimina?tion under Title VII, a plain?tiff must show that discriminatory intent motivated an em?ployer's decision.

Accepted Answer

A) True 
 B)False

Question 11

An employer can be liable for an employee's sexual harassment of a member of the same gender.

Accepted Answer

A) True 
 B)False

Question 12

Fact Pattern 34-1B 
Kit, manager of Long-Term Care Company's office in Metro City, de?cides to replace the office's male employees with females. Nia, an assis?tant manager transferred from a different Long-Term Care office, refuses to cooperate. Kit retali?ates against Nia, who quits. Within a year, the male employees also quit.
-Refer to Fact Pattern 34-1B. Kit's conduct is most likely a violation of

Accepted Answer

A)  no law. 
B)  the Age Discrimination in Employment Act. 
C)  the Americans with Disabilities Act. 
D)  Title VII of the Civil Rights Act.

Question 13

Under the Equal Pay Act of 1963, all of the women on an employer's staff must be paid the same as all of the men.

Accepted Answer

A) True 
 B)False

Question 14

An employer with fewer than fifteen employees is automatically shielded from federal employment discrimination laws.

Accepted Answer

A) True 
 B)False

Question 15

Lloyd and Milly are employees of NuTech Corporation. They have the same job. Under the Equal Pay Act, NuTech can legitimately pay Lloyd more than Milly on the basis of

Accepted Answer

A)  Lloyd's greater production only. 
B)  Lloyd's greater production or seniority. 
C)  Lloyd's greater seniority only. 
D)  neither Lloyd's greater production nor his greater seniority.

Question 16

Under the Americans with Disabilities Act of 1990, a person with a physi?cal impairment that "substantially limits" everyday activities is disabled.

Accepted Answer

A) True 
 B)False

Question 17

An employer is not liable for the sexual harassment of an employee by a co-worker who is not the employee's supervisor.

Accepted Answer

A) True 
 B)False

Question 18

Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act. 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 19

Disparate-impact discrimination occurs when an employer intention?ally discrim?inates against an employee who is a member of a protected class.

Accepted Answer

A) True 
 B)False

Question 20

Fact Pattern 34-2A 
Beth, who has a disability, is an employee of Corporate Office Company . After the installation of new doors on COC's building, Beth finds it nearly im?possible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability.
-Refer to Fact Pattern 34-2A. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that

Accepted Answer

A)  Beth consistently met the essential requirements of her job. 
B)  COC refused to make reasonable accommodation for Beth. 
C)  Dian is unqualified for Beth's position. 
D)  the doors were installed as an act of intentional discrimination.

Exam 34: Employment Discrimination

Mold & Dye Corporation is a private employer in?volved in a Title VII employment discrimination suit. Punitive damages may be recovered against Mold & Dye only if the employer

Fact Pattern 34-2B Lita replaces Manny in his job at Neighborly Business Corporation . -Refer to Fact Pattern 34-2B. To succeed with an age-discrimination claim against CBC, Manny will have to show that

A small difference in job content can justify higher pay for one gender.

Eton sues Funds Investment Company for employment discrimina?tion under a state law. When compared to federal law, state law may provide

Refer to Fact Pattern 34-2A. To successfully defend against Beth's claim, COC will have to show that

Jake is a U.S. citizen working abroad for Kettle Corporation, which is a U.S. firm. Jake is protected by U.S. employment discrimination laws only if

Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include

Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is

Fact Pattern 34-2B Lita replaces Manny in his job at Neighborly Business Corporation . -Refer to Fact Pattern 34-2B. Manny believes that he has been discriminated against on the basis of his age. For the Age Dis?crimination in Employment Act of 1967 to apply

To establish a prima facie case of discrimina?tion under Title VII, a plain?tiff must show that discriminatory intent motivated an em?ployer's decision.

An employer can be liable for an employee's sexual harassment of a member of the same gender.

Under the Equal Pay Act of 1963, all of the women on an employer's staff must be paid the same as all of the men.

An employer with fewer than fifteen employees is automatically shielded from federal employment discrimination laws.

Lloyd and Milly are employees of NuTech Corporation. They have the same job. Under the Equal Pay Act, NuTech can legitimately pay Lloyd more than Milly on the basis of

Under the Americans with Disabilities Act of 1990, a person with a physi?cal impairment that "substantially limits" everyday activities is disabled.

An employer is not liable for the sexual harassment of an employee by a co-worker who is not the employee's supervisor.

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

Disparate-impact discrimination occurs when an employer intention?ally discrim?inates against an employee who is a member of a protected class.