Question 1

State laws may give employees less, but not more, protection than federal law.

Accepted Answer

A) True 
 B)False

Question 2

The Americans with Disabilities act prohibits discrimination against.

Accepted Answer

A)   current employees only with a disability
B)   employees that become disabled
C)   job applicants that are disabled
D)   job applicants as long as they notify the potential employer of a disability
E)   employees and job applicants with disabilities.F) A) and D)
G) A) and C)

Question 3

When it is necessary to the performance of a job, which of the following protected classes can an employer not use under the bona fide occupational qualification (BFOQ)  defense?

Accepted Answer

A)   gender.
B)   national origin.
C)   religion.
D)   race or color.
E)   all classes are subject to the BFOQ defense.F) C) and E)
G) D) and E)

Question 4

How does a plaintiff in an action under the Age Discrimination in Employment Act establish a prima facie case of age discrimination involving a termination?

Accepted Answer

The plaintiff must establish facts suffi...

Question 5

The ADA is enforced by the EEOC in the same way that Title VII is enforced.

Accepted Answer

A) True 
 B)False

Question 6

In order to establish facts sufficient to create a reasonable inference that age was a determining factor in a termination, a plaintiff in an Age Discrimination in Employment Act case need not prove replacement by someone outside the protected class.

Accepted Answer

A) True 
 B)False

Question 7

Discuss the steps that an employer should take to avoid sexual harassment claims.

Accepted Answer

Student answers may vary. The text refer...

Question 8

In order for a plaintiff to bring a lawsuit under Title VII, they must

Accepted Answer

A)   be employed for a minimum of 6 months.
B)   be a member of a protected class
C)   not be eligible to sue under state laws
D)   have undisputed proof of discrimination
E)   must be a member of a labor unionF) C) and E)
G) B) and E)

Question 9

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class?

Accepted Answer

A)   Disparate-treatment cases
B)   Disparate-impact cases
C)   Sexual harassment cases
D)   All of these
E)   Quid pro quo casesF) A) and B)
G) C) and D)

Question 10

What must plaintiff prove to bring forth a claim of hostile work environment sexual harassment?

Accepted Answer

The definition of hostile-environment se...

Question 11

Which of the following is not considered federal discrimination legislation?

Accepted Answer

A)   Title VII to the Civil Rights Act
B)   Pregnancy Discrimination Act
C)   Equal Opportunity for Employees Wanting to Work Act
D)   Age Discrimination in Employment Act
E)   American's with Disabilities ActF) B) and D)
G) A) and C)

Question 12

What was the holding of the appellate court in Dixon v. University of Toledo, the case in the text in which the plaintiff alleged a violation of the Equal Pay Act?

Accepted Answer

A)   That the defendant was entitled to a judgment in its favor because a claim under the Equal Pay Act cannot be based on a male successor's pay rate.
B)   That the defendant was entitled to a judgment in its favor because Title VII subsumed the provisions of the Equal Pay Act, and the plaintiff was required to name Title VII in her complaint.
C)   That the defendant was entitled to a judgment in its favor because it established that the plaintiff was fired for cause.
D)   That the plaintiff correctly made out her prima facie case by alleging the wage differential between her pay at termination and her successor's pay at the onset of his new position.
E)   That the plaintiff correctly made out her prima facie case through establishing that there was no basis upon which her termination could be legally based and that the male successor was hired almost immediately following her termination.F) C) and D)
G) B) and D)

Question 13

If an employer has a typing speed and proficiency test to assess the skills of their applicant for a word processing specific job, this type of test is known as a(n)  ________ test.

Accepted Answer

A)   content validity
B)   criterion-related validity
C)   construct validity
D)   object validity
E)   performance validityF) A) and C)
G) B) and D)

Question 14

How many employees must have to be subjected to Title VII of the Civil Rights Act?

Accepted Answer

A)   15 or more
B)   20 or more
C)   30 or more
D)   50 or more
E)   all employers are required to comply with Title VIIF) C) and E)
G) A) and B)

Question 15

The issue of whether a hostile work environment exists is only considered by courts in the context of harassment based upon gender.

Accepted Answer

A) True 
 B)False

Question 16

If an employment relationship is one in which the employee can be hired or fired for no reason at all, as long as it is not an illegal reason, this is known as ________.

Accepted Answer

A)   willing employment
B)   at-will employment
C)   two-way employment
D)   loose employment
E)   terminable employmentF) C) and E)
G) A) and B)

Question 17

Will Billy prevail if he contends that because the new rule makes being slender a job requirement for all servers, he can require Julia to take time off work?

Accepted Answer

A)   If he can prove that he also requires males to be of a certain type, then that is a bona fide occupational qualification; and Billy can require that of Julia with a resulting discharge.
B)   Billy will only prevail on a defense of bona fide occupational qualification if he can establish that he has an established history of requiring skinny servers and that he did not single out Julia.
C)   Billy will only prevail on a defense of bona fide occupational qualification if he can establish that Julia was attempting to voluntarily get pregnant.
D)   Billy will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only.
E)   Billy will lose because pursuant to the Pregnancy Discrimination Act (PD
A)   of 1987, an employer may not force a woman to take time off work during her pregnancy.F) A) and C)
G) A) and D)

Question 18

What is the name of the defense an employer can raise in response to a Title VII action, which allows the employer to give preferential treatment to employees based on their length of service?

Accepted Answer

A)   Seniority system defense
B)   Merit defense
C)   Bona fide occupational qualification defense
D)   Time served defense
E)   Loyalty defenseF) B) and E)
G) C) and D)

Question 19

Which of the following acts prohibits an employer from paying workers of one gender less than the wages paid to employees of the opposite gender for work that requires equal skill, effort, and responsibility?

Accepted Answer

A)   Americans with Disabilities Act
B)   Equal Pay Act of 1963
C)   Disabled Discrimination and Employment Act of 1967
D)   Sex Discrimination and Employment Act of 1967
E)   Civil Rights Act of 1964F) B) and E)
G) A) and B)

Question 20

It is common for employers to use social media, such as Facebook and LinkedIn, to find positional applicants. What is the problem with this using these platforms?

Accepted Answer

A)   If the applicant does not authorize the employer's use of social media, it is an invasion of privacy.
B)   It allows the employer access to information it could not ask the applicant in an interview.
C)   Facebook and LinkedIn users often do not list valid credentials.
D)   Facebook and LinkedIn users do not represent the U.S. or global job-applicant pool.
E)   It is against federal law for employers to use social media prior to receiving interest from an applicant.F) B) and C)
G) A) and D)

Exam 43: Employment Discrimination

Which of the following is not considered federal discrimination legislation?

Correct AnswerverifiedShow Answer

Which of the following acts prohibits an employer from paying workers of one gender less than the wages paid to employees of the opposite gender for work that requires equal skill, effort, and responsibility?

Correct AnswerverifiedShow Answer

It is common for employers to use social media, such as Facebook and LinkedIn, to find positional applicants. What is the problem with this using these platforms?

Correct AnswerverifiedShow Answer

The ADA is enforced by the EEOC in the same way that Title VII is enforced.

Correct AnswerverifiedShow Answer

How many employees must have to be subjected to Title VII of the Civil Rights Act?

Correct AnswerverifiedShow Answer

Will Billy prevail if he contends that because the new rule makes being slender a job requirement for all servers, he can require Julia to take time off work?

Correct AnswerverifiedShow Answer

In order for a plaintiff to bring a lawsuit under Title VII, they must

Correct AnswerverifiedShow Answer

In order to establish facts sufficient to create a reasonable inference that age was a determining factor in a termination, a plaintiff in an Age Discrimination in Employment Act case need not prove replacement by someone outside the protected class.

Correct AnswerverifiedShow Answer

State laws may give employees less, but not more, protection than federal law.

Correct AnswerverifiedShow Answer

How does a plaintiff in an action under the Age Discrimination in Employment Act establish a prima facie case of age discrimination involving a termination?

Correct AnswerverifiedThe plaintiff must establish facts suffi...View AnswerShow Answer

If an employer has a typing speed and proficiency test to assess the skills of their applicant for a word processing specific job, this type of test is known as a(n) ________ test.

Correct AnswerverifiedShow Answer

The Americans with Disabilities act prohibits discrimination against.

Correct AnswerverifiedShow Answer

The issue of whether a hostile work environment exists is only considered by courts in the context of harassment based upon gender.

Correct AnswerverifiedShow Answer

If an employment relationship is one in which the employee can be hired or fired for no reason at all, as long as it is not an illegal reason, this is known as ________.

Correct AnswerverifiedShow Answer

What is the name of the defense an employer can raise in response to a Title VII action, which allows the employer to give preferential treatment to employees based on their length of service?

Correct AnswerverifiedShow Answer

When it is necessary to the performance of a job, which of the following protected classes can an employer not use under the bona fide occupational qualification (BFOQ) defense?

Correct AnswerverifiedShow Answer

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class?

Correct AnswerverifiedShow Answer

What must plaintiff prove to bring forth a claim of hostile work environment sexual harassment?

Correct AnswerverifiedThe definition of hostile-environment se...View AnswerShow Answer

What was the holding of the appellate court in Dixon v. University of Toledo, the case in the text in which the plaintiff alleged a violation of the Equal Pay Act?

Correct AnswerverifiedShow Answer

Discuss the steps that an employer should take to avoid sexual harassment claims.

Correct AnswerverifiedStudent answers may vary. The text refer...View AnswerShow Answer

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The plaintiff must establish facts suffi...
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The definition of hostile-environment se...
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Student answers may vary. The text refer...
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