62 terms

BLAW 300 Exam 4 (ch. 18)

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The Civil Rights Act of 1964 prohibits job discrimination on the basis of experience.
false
The Civil Rights Act of 1964 does not prohibit job discrimination at all stages of employment.
false
An employer with fewer than fifteen employees is automatically shielded from federal employment discrimination laws.
false
All employers in the United States are subject to federal employment discrimination laws.
false
A victim of alleged discrimination must bring a suit against an employer before
filing a claim with the Equal Employment Opportunity Commission.
false
To bring an action against an employer based on intentional discrimination, a
person must show that he or she is a member of a protected class.
true
To establish a prima facie case of discrimination under Title VII, a plaintiff must show that discriminatory intent motivated an employer's decision.
false
Job requirements that relate to job performance cannot violate employment discrimination laws.
false
Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination.
false
Disparate-impact discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class.
false
Gender can be a determining factor in an employer's decision to hire, fire, or promote an employee.
false
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.
false
A small difference in job content can justify higher pay for one gender.
false
An employer is not liable for the sexual harassment of an employee by the employee's supervisor.
false
It is not unlawful for an employer to retaliate against an employee who has opposed a discriminatory employment practice.
false
An employer can be liable for an employee's sexual harassment of a member of the same gender.
true
An employer is not liable for the sexual harassment of an employee by a co-worker.
false
Title VII does not cover employees' online activities.
false
Damages are available for victims of intentional employment discrimination based on gender, religion, age, or disability.
true
Compensatory damages are only available for victims of intentional employment discrimination.
false
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against persons over eighteen.
false
To establish a prima facie case of discrimination under the Americans with Disabilities Act of 1990, a plaintiff must show that discriminatory intent motivated an employer's decision.
false
An employer must hire a disabled applicant even if he or she lacks necessary job qualifications.
false
Under the Americans with Disabilities Act of 1990, a person with a physical impairment that "substantially limits" everyday activities is disabled.
true
Under the Americans with Disabilities Act of 1990, a person with a mental
impairment that "substantially limits" everyday activities is not disabled.
false
The Americans with Disabilities Act of 1990 defines disabled persons as persons impaired mentally or physically "in any way."
false
Under the Americans with Disabilities Act of 1990, disabled employees are entitled to "reasonable accommodation."
true
An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.
true
Terminating an employee who uses drugs violates the Americans with Disabilities Act of 1990.
false
A good business reason for a practice that has a discriminatory effect may permit an employer to avoid liability for discrimination.
true
Race can be a bona fide occupational qualification.
false
An employer who hires and fires workers according to a fair seniority system may have a good defense to an employment discrimination suit.
true
An employer who discovers an employee's misconduct after discharging the employee may have a good defense to an employment discrimination suit.
false
Under current law, an employer cannot adopt an affirmative action plan.
false
At least one court has held that an affirmative action program violated the U.S. Constitution.
true
Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include
Lee only
Personnel Staffing Corporation meets all of the requirements to be subject to
the federal employment discrimination laws. Among these, the most important
statute prohibiting discrimination against members of protected classes is
Title VII of the Civil Rights Act of 1964.
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
the Equal Employment Opportunities Commission.
Cody believes that Delta Corporation has discriminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that
Cody is a member of a protected class.
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
disparate-impact discrimination
Riki files an employment, gender-based discrimination suit against Superior Corporation under Title VII, on a disparate-impact theory. To succeed, Riki must show that Superior hires fewer women than the percentage of
qualified women in the local labor market.
Olly applies for a job with Petro Company. Petro does not hire Olly because of his ethnicity, or national origin. This is
disparate-treatment discrimination.
United Industrial 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
reverse discrimination
Research Statistics Corporation uses a merit system to pay its employees according to their job performance. Suki, a female, and Troy, a male, are Research employees with comparable jobs. Due to superior performance, Suki is paid more than Troy. This is
not discrimination
Gail is an employee of Home Appliances, Inc., but is unable to perform her job because of her pregnancy. Gail is
entitled to disability leave only if Home treats other temporarily disabled employees similarly.
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
Lloyd's greater production or seniority.
Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is
a constructive discharge on the basis of gender discrimination.
Rona is Stu's administrative assistant and both work for TriCounty Labor Inc. Stu tells Rona that for sexual favors, he will give her an excellent performance review and recommend a raise. This is
quid pro quo harassment.
Marie, an employee of Nickel Tool Company, files a sexual-harassment suit against Owen, her supervisor. Marie wins. Nickel may also be liable if it had effective harassment policies and complaint procedures, and
Marie followed them.
Kyla is a salesperson for Liberty Financial Corporation. Micky is also a Liberty salesperson. Neil is Kyla and Micky's supervisor. Owen is a Liberty customer. Liberty may be liable for sexual harassment to Kyla by
Micky, Neil, or Owen
Cora, a female, and Dom, a male, are employees of Equipment Leasing
Corporation. Cora regularly e-mails sexually explicit images to Dom via
Equipment Leasing's computer network. Dom finds this offensive. This is
hostile-environment harassment.
Mold & Dye Corporation is a private employer involved in a Title VII
employment discrimination suit. Punitive damages may be recovered against Mold & Dye only if the employer
acted with malice or reckless indifference.
Mona files an employment discrimination suit against Nationwide Corporation (NC) under Title VII. If Mona shows that NC acted with malice or reckless indifference, she may recover
compensatory or punitive damages.
Piku files an employment discrimination suit against Quotient Accounting, Inc.,
under Title VII, based on its discharge of Piku. In these circumstances, possible
relief under Title VII includes
damages or job reinstatement.
26. Svetlana, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on
age
Eton files a suit in a federal district court against Florida, alleging employment discrimination under the Age Discrimination in Employment Act of 1967. The state asks the court to dismiss the suit. The court is most likely to rule that
the state is immune from the suit.
Dave has AIDS, Erin is blind, and both work for First Financial Centre. Considered disabled under the Americans with Disabilities Act
are Dave and Erin
Paolo has cerebral palsy, Quincy has kleptomania, and both work for Realty Insurance Company. Considered disabled under the Americans with Disabilities Act
is Paolo only
Dick works for First City Bank. When his spouse Elin is diagnosed with Lou
Gehrig's disease, Dick asks to take temporary leave to care for her. First City discharges him. He files a suit against the bank under the Americans with Disabilities Act of 1990. Most likely, Dick can
recover for association discrimination.
Silky Coordinates, a women's clothing store, employs female attendants to assist customers in the dressing rooms. Radley, a forty-one-year-old male,
applies for an attendant's job, but is not hired. In Radley's suit against Silky for
employment discrimination under Title VII, the store has
a bona fide occupational qualification defense.
Machine Corporation requires its employees to have a high school diploma, claiming a definite connection between a high school education and job performance. In a suit against Machine Corporation under Title VII, this
requirement is shown to have a discriminatory effect. The employer has
a business necessity defense.
Rail Systems Equipment Corporation discharges Porter, who sues Rail
Systems for employment discrimination under Title VII. The defendant learns
that Porter lied on his job application and argues that, had it known of the lie, it would have fired him. This is
no defense