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Exam 29: Employment Discrimination

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Question 1

Multiple Choice

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Holly files an employment discrimination suit against Industrial Inc. under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, Holly must show in part that she was adversely affected by the employer's

A) practice.
B) any of the choices.
C) business necessity.
D) bona fide occupational qualification.

E) A) and B)
F) A) and C)

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Question 2

True/False

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Under the Age Discrimination in Employment Act, the plaintiff must show that the unlawful discrimination was only one of the reasons for an adverse employment action.

A) True
B) False

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Question 3

Essay

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Veronica is a repairperson for Wind Power Company. The job requires traveling to remote areas to make repairs to windmills, transmission towers, and power stations under any conditions. Veronica has had the job longer than other employees. Veronica applies for a promotion to a supervisory position that requires constant communication with others in the field. Wind Power rejects the promotion on the ground that Veronica is hearing impaired. Wind Power acknowledges that Veronica is otherwise qualified, but asserts that it "needs someone who does not have a hearing problem." Veronica files a suit against Wind Power under the Americans with Disabilities Act. What is the issue, and what are the relevant considerations on which its resolution depends?

Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries

If an employer sued for an adverse employment action on the basis of discrimination articulates a legal reason for the action, the employer wins.

Under the Uniformed Services Employment and Reemployment Rights Act, any person who has served in the military is entitled to more favorable treatment in the workplace than a co-worker who has not served.

Mechanical Engineering Inc. may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by

A worker who is dissuaded from filing a charge of discrimination by an employer's threat to change the benefits of the job has a basis for a claim of retaliation.

Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference.

An affirmative action plan may be found to be unconstitutional because it

Marv files a suit against the state of New Hampshire, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

Olive is a supervisor for Pasta!, a restaurant. Qua is a Pasta! employee. The owner announces that some employees will be discharged. Olive tells Qua that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is

Inez files an employment discrimination suit against Jiffy Delivery Inc. under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes

Sara believes that she was rejected for a position at Tour Agency on the basis of her race. Sara files a suit against Tour under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of

Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

A business necessity is a defense against employment discrimination based on the genuine requirements of a business.

Under the Americans with Disabilities Act, employees with disabilities must reasonably accommodate the needs of their employers.

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file