Question 1

At-will employment applied in all states in the U.S.until the year ________.

Accepted Answer

A)  1959
B)  1932
C)  1964
D)  1944
E)  1920F) A) and C)
G) A) and D)

Question 2

are the categories protected by Title VII.

Accepted Answer

A)  Race,color,religion,sex,national origin,and age
B)  Race,color,religion,and sex
C)  Race,color,religion,sex,and national origin
D)  Race and color
E)  Race,color,and religionF) C) and D)
G) B) and E)

Question 3

Under the Pregnancy Discrimination Act of 1987,what type of disability must the employer use as a guideline when it has a pregnant employee?

Accepted Answer

A)  The employer is not required to classify the pregnancy as any type of disability.
B)  The employer must treat the pregnancy the same as a full disability.
C)  The employer must treat the pregnancy the same as a temporary disability.
D)  The employer must treat the pregnancy the same as a permanent disability.
E)  The employer must treat the pregnancy the same as a temporary partial disability.F) A) and E)
G) A) and D)

Question 4

Which of the following amended Title VII to expand the definition of sex discrimination to include discrimination based on pregnancy?

Accepted Answer

A)  Equal Pay Act of 1963
B)  Americans with Disabilities Act
C)  Sex Discrimination Act of 1973
D)  Pregnancy Discrimination Act of 1987
E)  Sex Discrimination and Employment Act of 1967F) B) and C)
G) B) and E)

Question 5

Which of the following acts prohibits employers from refusing to hire,discharging,or discriminating against employees in terms and conditions of employment on the basis of an employee's or applicant's being age 40 or older?

Accepted Answer

A)  Equal Pay Act of 1963
B)  Age Discrimination in Employment Act of 1967
C)  Age Discrimination and Harassment Act
D)  Civil Rights Act of 1964
E)  Americans with Disabilities ActF) C) and D)
G) A) and E)

Question 6

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

Accepted Answer

A)  When the differential is based on any factor other than sex.
B)  When payment is made pursuant to a seniority system.
C)  When the parties sign a waiver.
D)  When payment is made pursuant to a merit system.
E)  When payment is made pursuant to a system which measures earnings by quantity or quality of production.F) C) and E)
G) A) and B)

Question 7

If a company has an at-will employee,it cannot fire him or her for an illegal reason.Which of the following is not an example of an illegal reason?

Accepted Answer

A)  Violation of a state constitution
B)  Violation of federal law
C)  Violation of a state statute
D)  Violation of the company's moral code
E)  Violation of public policyF) C) and D)
G) D) and E)

Question 8

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act?

Accepted Answer

A)  60
B)  40
C)  45
D)  50
E)  35F) B) and E)
G) B) and C)

Question 9

The number of sexual harassment claims filed under Title VII has declined in recent years.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is not available as a remedy under Title VII?

Accepted Answer

A)  Remedial seniority
B)  Court costs
C)  Attorney fees
D)  Reinstatement
E)  Up to three years of back payF) All of the above
G) C) and D)

Question 11

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 12

In states that do not have state EEOCs,an aggrieved party must file a charge with the federal EEOC within ________ days of the alleged discriminatory act.

Accepted Answer

A)  60
B)  90
C)  365
D)  180
E)  30F) B) and C)
G) All of the above

Question 13

Will Cindy,Zeke,and Keanu be able to go directly to federal court with claims against ABC Corporation?

Accepted Answer

A)  No,Cindy,Zeke,and Keanu must all first file a charge with the EEOC or with an appropriate state agency,and they will not be allowed to proceed in federal court without doing so.
B)  Cindy will be able to go straight to court,but Zeke and Keanu will have to first file a charge with the EEOC or an appropriate state agency because only plaintiffs alleging coverage under the act based on a mental disability may go straight to court.
C)  Yes,they will be able to do so.
D)  Only Keanu must first file a charge with the EEOC or an appropriate state agency because his claim is the only claim that would involve a substantial amount of money.
E)  Zeke and Keanu will be able to go straight to court;but plaintiffs alleging coverage based on a mental disability,such as Cindy,must first file a charge with the EEOC or an appropriate state agency.F) A) and B)
G) B) and C)

Question 14

What was the ruling of the U.S.Supreme Court in Oncale v.Sundowner Offshore Services,Inc. ,the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

Accepted Answer

A)  That same sex harassment may state a claim under Title VII.
B)  That same sex harassment may state a claim in the male-to-male context but not in the female-to-female context.
C)  That same sex harassment may never state a claim under Title VII.
D)  That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment.
E)  That same sex harassment states a claim under Title VII only if the harasser is a homosexual.F) A) and B)
G) All of the above

Question 15

Does ABC Corporation have any duty to provide Keanu with a second elevator,assuming Keanu can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability?

Accepted Answer

A)  No,ABC Corporation is not required to accommodate Keanu unless the act until his doctor certifies that he has reached maximum medical improvement and will not get any better.
B)  No,ABC Corporation will likely not be required to put in the second elevator because Keanu can move his workstation,and putting in a second elevator would probably be an undue hardship on the employer.
C)  No,ABC Corporation will likely not be required to put in the second elevator because under the act,an employee is not supposed to ask for any accommodation from the employer.
D)  No,ABC Corporation will likely not have to put in a second elevator because it will not benefit other employees,and an employer only has to make a change to a building as an accommodation under the act if the change will benefit a substantial number of employees.
E)  Yes,ABC Corporation must grant Keanu's request regardless of cost,since Keanu is covered under the act with an actual physical disability.F) A) and B)
G) B) and E)

Question 16

Under Title VII,which of the following statements is true regarding an award of attorney fees?

Accepted Answer

A)  Similar to attorney fees in a motor vehicle accident lawsuit,attorney fees are never awarded to the prevailing party in Title VII cases.
B)  Attorney fees are always awarded to the prevailing party in Title VII cases.
C)  Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust;and if it is determined that a plaintiff's action was frivolous,unreasonable,or without foundation,a court may award attorney fees to the prevailing defendant.
D)  Attorney fees are not awarded to a prevailing plaintiff;but if it is determined that a plaintiff's action was frivolous,unreasonable,or without foundation,a court may award attorney fees to the prevailing defendant.
E)  Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust,but attorney fees are not awarded to prevailing defendant.F) All of the above
G) B) and E)

Question 17

Which of the following is not a defense available to employers charged with age discrimination under the Age Discrimination in Employment Act?

Accepted Answer

A)  The bona fide occupational qualification defense
B)  The executive exemption
C)  The qualified but aged defense
D)  That decisions are based on reasonable factors other than age
E)  The operation of a bona fide seniority systemF) C) and E)
G) B) and C)

Question 18

In the text case Baldwin v.Foxx,where the plaintiff claimed he was not selected for a permanent position based on his gender and sexual orientation,the issue was whether plaintiff's claim of discrimination on the basis of sexual orientation stated a claim under Title VII.What was the result in the case?

Accepted Answer

A)  The plaintiff's claim was barred because he initiated his claim more than 180 days after the alleged discrimination.
B)  The plaintiff's discrimination claim was barred because he did not file a timely appeal.
C)  The plaintiff's discrimination claim based on sexual orientation was not protected under Title VII.
D)  The plaintiff's discrimination claim based on sexual orientation did not constitute sex discrimination under Title VII.
E)  The plaintiff's discrimination claim based on sexual orientation fell within the meaning of sex discrimination under Title VII.F) B) and C)
G) A) and B)

Question 19

The Age Discrimination in Employment Act applies to private employers having ________ or more employees.

Accepted Answer

A)  30
B)  20
C)  15
D)  40
E)  50F) A) and B)
G) A) and E)

Question 20

If the EEOC decides not to sue on behalf of a plaintiff,what does the EEOC provide to the plaintiff?

Accepted Answer

A)  A reinstatement letter
B)  A termination of claim letter
C)  A referral letter
D)  A delineation letter
E)  A right-to-sue letterF) D) and E)
G) B) and D)

Exam 43: Employment Discrimination

Which of the following is not a defense available to employers charged with age discrimination under the Age Discrimination in Employment Act?

Correct Answer
verified

are the categories protected by Title VII.

Correct Answer
verified

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

Correct Answer
verified

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act?

Correct Answer
verified

Does ABC Corporation have any duty to provide Keanu with a second elevator,assuming Keanu can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability?

Correct Answer
verified

If the EEOC decides not to sue on behalf of a plaintiff,what does the EEOC provide to the plaintiff?

Correct Answer
verified

Will Cindy,Zeke,and Keanu be able to go directly to federal court with claims against ABC Corporation?

Correct Answer
verified

The Age Discrimination in Employment Act applies to private employers having ________ or more employees.

Correct Answer
verified

Which of the following acts prohibits employers from refusing to hire,discharging,or discriminating against employees in terms and conditions of employment on the basis of an employee's or applicant's being age 40 or older?

Correct Answer
verified

If a company has an at-will employee,it cannot fire him or her for an illegal reason.Which of the following is not an example of an illegal reason?

Correct Answer
verified

In states that do not have state EEOCs,an aggrieved party must file a charge with the federal EEOC within ________ days of the alleged discriminatory act.

Correct Answer
verified

Which of the following is not available as a remedy under Title VII?

Correct Answer
verified

What was the ruling of the U.S.Supreme Court in Oncale v.Sundowner Offshore Services,Inc. ,the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

Correct Answer
verified

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 Answer
verified

The number of sexual harassment claims filed under Title VII has declined in recent years.

Correct Answer
verified

Under Title VII,which of the following statements is true regarding an award of attorney fees?

Correct Answer
verified

At-will employment applied in all states in the U.S.until the year ________.

Correct Answer
verified

Correct Answer
verified

Which of the following amended Title VII to expand the definition of sex discrimination to include discrimination based on pregnancy?

Correct Answer
verified

Under the Pregnancy Discrimination Act of 1987,what type of disability must the employer use as a guideline when it has a pregnant employee?

Correct Answer
verified

Exam 43: Employment Discrimination

Which of the following is not a defense available to employers charged with age discrimination under the Age Discrimination in Employment Act?

Correct AnswerverifiedShow Answer

are the categories protected by Title VII.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act?

Correct AnswerverifiedShow Answer

Does ABC Corporation have any duty to provide Keanu with a second elevator,assuming Keanu can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability?

Correct AnswerverifiedShow Answer

If the EEOC decides not to sue on behalf of a plaintiff,what does the EEOC provide to the plaintiff?

Correct AnswerverifiedShow Answer

Will Cindy,Zeke,and Keanu be able to go directly to federal court with claims against ABC Corporation?

Correct AnswerverifiedShow Answer

The Age Discrimination in Employment Act applies to private employers having ________ or more employees.

Correct AnswerverifiedShow Answer

Which of the following acts prohibits employers from refusing to hire,discharging,or discriminating against employees in terms and conditions of employment on the basis of an employee's or applicant's being age 40 or older?

Correct AnswerverifiedShow Answer

If a company has an at-will employee,it cannot fire him or her for an illegal reason.Which of the following is not an example of an illegal reason?

Correct AnswerverifiedShow Answer

In states that do not have state EEOCs,an aggrieved party must file a charge with the federal EEOC within ________ days of the alleged discriminatory act.

Correct AnswerverifiedShow Answer

Which of the following is not available as a remedy under Title VII?

Correct AnswerverifiedShow Answer

What was the ruling of the U.S.Supreme Court in Oncale v.Sundowner Offshore Services,Inc. ,the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

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

The number of sexual harassment claims filed under Title VII has declined in recent years.

Correct AnswerverifiedShow Answer

Under Title VII,which of the following statements is true regarding an award of attorney fees?

Correct AnswerverifiedShow Answer

At-will employment applied in all states in the U.S.until the year ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following amended Title VII to expand the definition of sex discrimination to include discrimination based on pregnancy?

Correct AnswerverifiedShow Answer

Under the Pregnancy Discrimination Act of 1987,what type of disability must the employer use as a guideline when it has a pregnant employee?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified