Question 1

Set forth the definition of sexual harassment stated by the EEOC and accepted by the U.S. Supreme Court.

Accepted Answer

The definition of sexual harassment stat...

Question 2

Which of the following was the primary purpose of the Equal Pay Act?

Accepted Answer

A)   To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job.
B)   To eliminate situations in which women and also men were not paid equally for doing substantially the same job.
C)   To eliminate situations in which women and men were being paid less that deserved for certain types of work.
D)   To eliminate situations in which both men and women were denied overtime compensation and fair working conditions.
E)   To eliminate situations in which men, women, and those of a different national origin were denied overtime compensation and fair working conditions.F) A) and E)
G) All of the above

Question 3

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

Question 4

Which of the following was decision of the appellate court in Crystal 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) A) and C)
G) A) and E)

Question 5

"ADA Blues." Prudence, the Human Resources Manager, at ABC Corporation was encountering a rush of requests under the Americans with Disabilities Act. Samantha, a receptionist, was having a birthday and turning 40. She told Prudence 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. Samantha said that while she was able to engage in her normal activities, her energy level was down. Prudence promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Trevor, asked for a private office. Trevor had been significantly burned. Prudence asked him why he needed a private office. Trevor 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 interfered with his everyday life and work activities. Prudence denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, George, who had undergone knee surgery, asked that Prudence put in another elevator near his work station. Prudence explained that his office could be moved nearer to the existing elevator, but George told her that under the Americans with Disabilities Act, she did not have the right to dictate to him when his doctor said that he should not be climbing stairs. Nevertheless, Prudence denied his request for a second elevator noting that no other employees needed a second elevator. Samantha, Trevor, and George got together and decided to go directly to federal court and sue under the Americans with Disabilities Act to challenge Prudence's decisions.
-Assuming George can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability, which of the following is true regarding any duty of Prudence to provide George with a second elevator?

Accepted Answer

A)   Since he is covered under the act with an actual physical disability, she must grant his request regardless of cost.
B)   She is not required to accommodate him under the act until his doctor certifies that he has reached maximum medical improvement and will not get any better.
C)   She will likely be required to put in the second elevator because under the act, an employee is not supposed to be asked for any accommodation by the employer.
D)   She will likely not be required to put in the second elevator because George can move his office, and putting in a second elevator would probably be an undue hardship on the employer.
E)   She 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.F) A) and C)
G) B) and C)

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

Prima facie is Latin for ____.

Accepted Answer

A)   A provable case
B)   At first view
C)   Probable cause
D)   Beyond a reasonable doubt
E)   By a preponderanceF) B) and E)
G) A) and D)

Question 8

"ADA Blues." Prudence, the Human Resources Manager, at ABC Corporation was encountering a rush of requests under the Americans with Disabilities Act. Samantha, a receptionist, was having a birthday and turning 40. She told Prudence 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. Samantha said that while she was able to engage in her normal activities, her energy level was down. Prudence promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Trevor, asked for a private office. Trevor had been significantly burned. Prudence asked him why he needed a private office. Trevor 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 interfered with his everyday life and work activities. Prudence denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, George, who had undergone knee surgery, asked that Prudence put in another elevator near his work station. Prudence explained that his office could be moved nearer to the existing elevator, but George told her that under the Americans with Disabilities Act, she did not have the right to dictate to him when his doctor said that he should not be climbing stairs. Nevertheless, Prudence denied his request for a second elevator noting that no other employees needed a second elevator. Samantha, Trevor, and George got together and decided to go directly to federal court and sue under the Americans with Disabilities Act to challenge Prudence's decisions.
-Which of the following is true regarding the plan of Samantha, Trevor, and George to go directly to federal court with a claim against Prudence?

Accepted Answer

A)   They will be able to do so.
B)   Trevor and George will be able to go straight to court; but plaintiffs alleging coverage based on a mental disability, such as Samantha, must first file a charge with the EEOC or an appropriate state agency.
C)   Samantha will be able to go straight to court, but Trevor and George 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.
D)   Only George 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)   Samantha, Trevor, and George must all first file a charge with the EEOC or with an appropriate state agency, and they should not be allowed to proceed in federal court without doing so.F) B) and D)
G) A) and E)

Question 9

In the U.S. at-will employment applied in all states until ____.

Accepted Answer

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

Question 10

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

Accepted Answer

A)   An employer cannot be held liable in such cases because the employer has no control over the nonemployee.
B)   An employer is liable as a matter of law in such cases because an employer has an absolute duty to provide a work environment that is free of harassment.
C)   An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee, yet the employer does nothing to remedy the situation.
D)   An employer may only be held liable in such cases if quid pro quo harassment is involved.
E)   An employer may only be held liable in such cases if disparate-impact harassment is involved.F) B) and C)
G) A) and C)

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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 13

Which of the following acts has as its goal preventing employers from discriminating against employees and applicants with disabilities?

Accepted Answer

A)   The Americans with Disabilities Act
B)   The Disabled Citizens Act
C)   The Handicapped Americans Act
D)   The Disabled Americans Act
E)   The Civil Rights Act-Title VIIF) A) and C)
G) A) and E)

Question 14

Which of the following are the categories protected by Title VII?

Accepted Answer

A)   Race and color
B)   Race, color, and religion
C)   Race, color, religion, and sex
D)   Race, color, religion, sex, and national origin
E)   Race, color, religion, sex, national origin, and ageF) A) and B)
G) None of the above

Question 15

Which of the following was the court's ruling on appeal in Danny Lambert v. Mazer Discount Home Centers Inc., the case in the text in which the plaintiff alleged age discrimination following a change in management and his discharge?

Accepted Answer

A)   That the plaintiff had not established the elements of a prima facie case of age discrimination because he had failed to produce evidence that the employer replaced him with a younger person.
B)   That the plaintiff established the elements of a prima facie case of age discrimination and that there was no requirement that he establish that he was replaced with a younger person, but that the plaintiff failed to rebut the defendant's proffered reason for the discharge.
C)   That the plaintiff established the elements of a prima facie case of age discrimination, that there was no requirement that he establish that he was replaced with a younger person, and that a jury question existed as to whether the plaintiff could sufficiently rebut the defendant's proffered reason for the discharge.
D)   That a jury question existed both as to whether the plaintiff established the elements of a prima facie case of age discrimination and as to whether the plaintiff could sufficiently rebut the defendant's proffered reason for the discharge.
E)   That the plaintiff was entitled to a verdict in his favor as a matter of law because he established a prima facie case and also successfully rebutted the defendant's proffered reason for the discharge.F) None of the above
G) B) and C)

Question 16

Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

Accepted Answer

A)   The plaintiff wins.
B)   The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge.
C)   The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur.
D)   The burden remains with the plaintiff to prove discrimination beyond a reasonable doubt, a special standard in disparate-treatment cases.
E)   The burden remains with the plaintiff to establish damages to a reasonable certainty.F) A) and D)
G) C) and E)

Question 17

Which title of the Civil Rights Act of 1964 deals with discrimination in employment?

Accepted Answer

A)   Title VII
B)   Title VI
C)   Title V
D)   Title IV
E)   Title IIIF) A) and E)
G) A) and C)

Question 18

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

Accepted Answer

A)   Up to three years of back pay
B)   Attorney fees
C)   Remedial seniority
D)   Court costs
E)   ReinstatementF) All of the above
G) None of the above

Question 19

Which of the following is not a type of entity that may be covered by Title VII?

Accepted Answer

A)   Indian tribes
B)   Private clubs
C)   Unions
D)   Employment agencies
E)   Private employers with 10 or less employeesF) B) and D)
G) A) and E)

Question 20

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

Exam 43: Employment Discrimination

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

Correct Answer
verified

Which of the following are the categories protected by Title VII?

Correct Answer
verified

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

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

Correct Answer
verified

Which of the following was decision of the appellate court in Crystal Dixon v. University of Toledo, the case in the text in which the plaintiff alleged a violation of the Equal Pay Act?

Correct Answer
verified

Which of the following was the court's ruling on appeal in Danny Lambert v. Mazer Discount Home Centers Inc., the case in the text in which the plaintiff alleged age discrimination following a change in management and his discharge?

Correct Answer
verified

Which of the following acts has as its goal preventing employers from discriminating against employees and applicants with disabilities?

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

Which of the following is not a type of entity that may be covered 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

Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

Correct Answer
verified

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 Answer
verified
The plaintiff must establish facts suffi...
View Answer

Which of the following was the primary purpose of the Equal Pay Act?

Correct Answer
verified

Set forth the definition of sexual harassment stated by the EEOC and accepted by the U.S. Supreme Court.

Correct Answer
verified
The definition of sexual harassment stat...
View Answer

Prima facie is Latin for ____.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Which title of the Civil Rights Act of 1964 deals with discrimination in employment?

Correct Answer
verified

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

Correct Answer
verified

In the U.S. at-will employment applied in all states until ____.

Correct Answer
verified

Exam 43: Employment Discrimination

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

Correct AnswerverifiedShow Answer

Which of the following are the categories protected by Title VII?

Correct AnswerverifiedShow Answer

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

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

Correct AnswerverifiedShow Answer

Which of the following was decision of the appellate court in Crystal 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

Which of the following was the court's ruling on appeal in Danny Lambert v. Mazer Discount Home Centers Inc., the case in the text in which the plaintiff alleged age discrimination following a change in management and his discharge?

Correct AnswerverifiedShow Answer

Which of the following acts has as its goal preventing employers from discriminating against employees and applicants with disabilities?

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

Which of the following is not a type of entity that may be covered 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

Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

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

Which of the following was the primary purpose of the Equal Pay Act?

Correct AnswerverifiedShow Answer

Set forth the definition of sexual harassment stated by the EEOC and accepted by the U.S. Supreme Court.

Correct AnswerverifiedThe definition of sexual harassment stat...View AnswerShow Answer

Prima facie is Latin for ____.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which title of the Civil Rights Act of 1964 deals with discrimination in employment?

Correct AnswerverifiedShow Answer

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

Correct AnswerverifiedShow Answer

In the U.S. at-will employment applied in all states until ____.

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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The plaintiff must establish facts suffi...
View Answer

Correct Answer
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Correct Answer
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The definition of sexual harassment stat...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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