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Exam 43: Employment Discrimination

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Question 31

Multiple Choice

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How many employees does an employer need to have before the ADEA applies?

A) 10 or more employees
B) 15 or more employees
C) 20 or more employees
D) 30 or more employees
E) 50 or more employees

F) None of the above
G) B) and D)

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Question 32

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[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions. -Will Cindy win on a claim under the Americans with Disabilities Act?

A) No, Cindy will lose because mental disabilities are not covered under the act.
B) Yes, Cindy will likely win because mental disabilities are covered under the act, and she had the right to ask for anything that would help her.
C) No, Cindy will likely lose because she has no proof of a mental impairment that substantially limits one or more of her major life activities.
D) No, Cindy will lose unless she can establish that she has a personality disorder because that is the only type of mental disability covered by the act.
E) No, Cindy will lose unless at least until she can establish that she has been in counseling for at least six months because that is required in order to establish a mental disability under the act.

F) C) and D)
G) A) and D)

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Question 33

Multiple Choice

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How many days does a party have to file a charge with the federal EEOC if the aggrieved party is in a state that does not have a state EEOC?

[Hairstyle Headaches] Astrid owned a hair and nail salon. She had a crush on Seth, a stylist and one of her employees. He paid her no attention. Finally, Astrid told him that if he wanted to keep his job and get the new professional blow dryer he'd requested, he needed to take her on a date and give her a kiss. Seth reluctantly did so. After the date, Astrid proceeded to make suggestive comments to Seth in front of other employees and to request that he rub her shoulders. When she passed Seth's station, she would caress him while he worked. Astrid also decided that Roscoe, another of her employees, was cute. She showered him with the same type of attention. Roscoe enjoyed the attention. Seth filed a claim against Astrid for sexual harassment. Seth asked Roscoe to join in the claim. Roscoe said that Astrid's attention never personally bothered him, but that if Seth could collect, then he wanted in on the action. Seth told Roscoe that he was going to see a psychologist to substantiate his claim, that such substantiation is necessary, and that Roscoe should consider doing likewise. Roscoe told him that he had no interest in seeing a psychologist but that his case was as strong as Seth's. He said that while he found Astrid entertaining, he should be able to recover if Seth recovered. -Which type of harassment, if any, was involved when Astridt old Seth that if he wanted to get a new blow dryer and keep his job, then he needed to take her out on a date?

When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

What was the result in the case text Everson v. Michigan Department of Corrections in which the plaintiffs alleged that gender-based assignments at female correctional facilities violate Title VII of the Civil Rights Act of 1964.

Corrine is an employee at XEX company. She was given a very generic handbook when she started employment. The handbook says nothing about using social media while at work. She is fired one day and told she was fired based on the employee handbook. If she is an at-will employee, this could be considered ________.

________ is the difference between the amount of money the plaintiff earned since the discriminatory act and the amount of money she or he would have earned had the discriminatory act never occurred.

Title VII is applicable to foreign corporations that are controlled by a U.S. employer.

Describe the circumstances under which a seniority system would be a defense to a charge of discrimination under Title VII.

Tentino successfully won his discrimination suit against his company. Which of the following is not a remedy that is available to him under Title VII?

Which of the following type of discrimination is sometimes called "unintentional discrimination" cases?

________ are not a type of entity that may be covered by Title VII.

With regard to employee testing, ________ is the statistical relationship between test scores and objective criterion of job performance.

The Americans with Disabilities Act's definition of disabled individuals includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

An employee who is employed under a collective bargaining agreement is considered to be an at-will employee.

Which of the following is not a requirement to prove a hostile-environment sexual harassment claim?

After a charge is filed with the EEOC and the EEOC finds reasonable cause, it will first attempt to eliminate the discriminatory practice through which of the following methods?

A court is evaluating an equal pay claim brought by Sarena against her company. Sarena claims that she does the substantially same job as Leland who was brought in two months earlier than Sarena but into the exact same position. Which of the following will the court not evaluate when assessing if there is a violation of the Equal Pay Actin regard to equal work?

Which of the following is not a situation under which men and women may be paid different wages under the Equal Pay Act?