Business Law (BLaw) Employment Discrimination Questions

2213-prac-quest-empl-discrim-f06

True/False

Indicate whether the sentence or statement is true or false.

____    1.   Title VII of the Civil Rights Act of 1964 prohibits job discrimination on the basis of education and experience.

____    2.   A victim of alleged discrimination must bring a suit against an employer before filing a claim with the Equal Employment Opportunity Commission.

____    3.   Discrimination on the basis of race, color, national origin, religion, and gender is permitted against union members.

____    4.   Title VII prohibits unintentional discrimination.

____    5.   To maintain an action against an employer on the basis of disparate-treatment discrimination, a person must show that he or she is a member of a protected class.

____    6.   Title VII of the Civil Rights Act of 1964 applies to all employers within the United States, regardless of the number of persons employed.

____    7.   A woman affected by pregnancy, childbirth, or a related medical condition may be treated for all employment-related purposes in the same manner as an employer would treat any temporarily disabled employee.

____    8.   Employers are not generally liable for Title VII violations by their managers or supervisors.

____    9.   In a sexual harassment case, an employer may be held liable for the harassing actions of a lower-level employee if the employer knew or should have known of the harassment and failed to take corrective action.

____  10.   Damages are not available for victims of intentional employment discrimination based on gender, religion, age, or disability.

____  11.   Under the Equal Pay Act of 1963, all of the women on an employer's staff must be paid the same as all of the men.

____  12.   The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against individuals thirty-five years of age and older.

____  13.   A disabled person is a person with a mental or physical impairment that "substantially limits one or more of the major life activities" of the individual, according to the Americans with Disabilities Act of 1990.

____  14.   In some instances, a disabled person must be given a job even if he or she cannot perform its essential functions.

____  15.   Terminating an employee who uses drugs violates the Americans with Disabilities Act of 1990.

____  16.   A good defense to an employment discrimination suit exists if an employer can show that promotions or other job benefits are distributed according to a fair seniority system.

____  17.   Gender can be a bona fide occupational qualification.

____  18.   Affirmative action programs are rarely upheld if employers consider factors in addition to race or gender when making employment decisions.

____  19.   State laws provide no more than the same remedies for the same types of employment discrimination as federal laws.

Multiple Choice

Identify the letter of the choice that best completes the statement or answers the question.

Fact Pattern 42-1

Jane works for Butler Warehouse Company. Jane is the only woman on her work crew. The male crew members often tell jokes and play minor pranks on each other. When Jane attempts a prank, the supervisor fires her, saying that "we don't tolerate horseplay at Butler."

____  20.   Refer to Fact Pattern 42-1. If Jane challenges the discharge on the ground of discrimination, she must show that

a.	she is the member of a protected class and she was qualified for the job.
b.	the misconduct she engaged in was only a pretext for her discharge, that discriminatory intent actually motivated Butler's decision.
c.	there was a legitimate, nondiscriminatory reason for the discharge.
d.	both a and b.

____  21.   Refer to Fact Pattern 42-1. Assuming that Jane can establish the ground for a lawsuit against Butler, Butler can defend itself by showing that

a.	Jane is the member of a protected class and she was qualified for the job.
b.	the misconduct Jane engaged in was nearly identical to that engaged in by an employee who is not a member of the protected class and who was not fired.
c.	there was a legitimate, nondiscriminatory reason for the discharge.
d.	both a and b.

____  22.   Helen applies for a job with National Stores, Inc., but is not hired. Helen believes that she was not hired for reasons of discrimination. If Helen files a suit against National Stores and a prima facie case is established, she

a.	wins the suit.
b.	wins the suit only in the absence of a response by National Stores.
c.	wins the suit even if National Stores articulates a legal reason for not hiring her.
d.	loses the suit.

____  23.   Stan, a member of a minority, is denied a promotion by his employer, Consumer Sales Company, when he fails to pass an employer-required test. Few members of minorities have passed the test. The number of promoted employees who are members of minorities does not reflect their percentage in the local labor market. In a suit against Consumer Sales, if Stan can show a connection between the test and the number of promoted minority members,

a.	discriminatory intent must then be proved.
b.	no evidence of discriminatory intent is necessary.
c.	it must then be shown that discrimination was the purpose of the test.
d.	none of the above.

____  24.   Alex, who is Hispanic, applies for a job at Gorden Fixtures Company. The interviewer says that Gorden hires Hispanics, but does not hire African Americans. Making this distinction

a.	constitutes impermissible discrimination on the basis of race.
b.	constitutes discrimination but is permissible at the application stage of employment.
c.	does not constitute discrimination.
d.	none of the above.

____  25.   Abby is a salesperson for Regional Sales, Inc. Ben is also a salesperson. Carl is Abby and Ben's supervisor. Dave is a Regional Sales customer. If Abby is the victim of sexual harassment, Regional Sales may be liable for such harassment by

a.	Ben or Carl only.
b.	Ben or Dave only.
c.	Dave only.
d.	Ben, Carl, or Dave.

____  26.   Mary, an employee of Alpha Tool Company, files a hostile-environment sexual-harassment suit against Nick, a co-worker. Mary wins. Their employer Alpha may also be held liable only if

a.	Alpha knew or should have known about the harassment and failed to take remedial action.
b.	Mary cannot obtain damages or other relief from Nick.
c.	Nick is Mary's manager or supervisor.
d.	all of the above.

____  27.   Mercy Hospital does not take any action to prevent sexual harassment of its employees. Mercy may be liable for such harassment by

a.	a supervisor or employee only.
b.	a customer only.
c.	a supervisor, an employee, or a customer.
d.	none of the above.

____  28.   Doug and Patty work in the same job on the line at Assembly Products Company. Their pay is based on the quality and quantity of production. Most of the time, Doug produces more and is paid more than Patty. Under the Equal Pay Act of 1963,

a.	Doug's pay must be reduced to match Patty's pay.
b.	Patty's pay must be increased to match Doug's pay.
c.	either a or b.
d.	none of the above.

____  29.   Ed, a sixty-year-old, is replaced in his job at Gold Manufacturing Company by Hal, a thirty-year-old. Ed files a suit against Gold under the Age Discrimination in Employment Act of 1967. To successfully defend against the suit, Gold must show that Ed

a.	is no longer qualified for the position.
b.	is older than Hal and was paid more than Hal.
c.	both a and b.
d.	none of the above.

Fact Pattern 42-3

Dana, who has a disability, is an employee of Hersch & Company. After the installation of new entry doors, Dana finds it nearly impossible to get into and out of the Hersch building. For repeatedly failing to be on time, Hersch discharges Dana. Dana is replaced by Gert, who does not have a disability. Dana files a claim against Hersch under the Americans with Disabilities Act of 1990.

____  30.   Refer to Fact Pattern 42-3. To succeed, Dana will have to show that

a.	Dana consistently met the essential requirements of her job.
b.	Gert is unqualified for Dana's position.
c.	Hersch refused to make reasonable accommodation for Dana.
d.	all of the above.

____  31.   Refer to Fact Pattern 42-3. To successfully defend against Dana's claim, Hersch will have to show that

a.	Dana consistently failed to meet the essential requirements of her job.
b.	Gert is qualified for Dana's position.
c.	Hersch cannot reasonably accommodate Dana without undue hardship.
d.	all of the above.

____  32.   Ace Manufacturing Company requires its workers to have a high school diploma. In a suit against Ace under Title VII, this requirement is shown to have a discriminatory effect. Ace defends against the suit on the ground that there is a definite connection between a high school education and job performance. This is

a.	an affirmative action defense.
b.	an after-acquired evidence defense.
c.	a bona fide occupational qualification defense.
d.	a business necessity defense.

____  33.   Ann's Retail, a women's clothing store, hires female attendants to assist clients in the store's dressing rooms. Larry, a male, applies for, and is refused, a job as an attendant. Larry then sues Ann's Retail for employment discrimination under Title VII. Against the suit, the store has

a.	an affirmative action defense.
b.	an after-acquired evidence defense.
c.	a bona fide occupational qualification defense.
d.	a business necessity defense.

____  34.   Tech Communications, Inc., gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against majority workers (principally white males). This is

a.	a bona fide occupational practice.
b.	a business necessity.
c.	reverse discrimination.
d.	none of the above.

____  35.   Frank sues General Contractors Corporation for employment discrimination under a state law. When compared to federal law, state law may provide

a.	additional damages.
b.	the same damages.
c.	fewer damages.
d.	no damages.

2213-prac-quest-empl-discrim-f06

Answer Section

TRUE/FALSE

            1.   ANS:  F                    REF:   779                OBJ:   Type: N

            2.   ANS:  F                    REF:   780                OBJ:   Type: N

            3.   ANS:  F                    REF:   780                OBJ:   Type: N

            4.   ANS:  T                    REF:   780                OBJ:   Type: N

            5.   ANS:  T                    REF:   780                OBJ:   Type: =

            6.   ANS:  F                    REF:   780                OBJ:   Type: =

            7.   ANS:  T                    REF:   783                OBJ:   Type: N

            8.   ANS:  F                    REF:   784                OBJ:   Type: =

            9.   ANS:  T                    REF:   785                OBJ:   Type: =

          10.   ANS:  F                    REF:   785                OBJ:   Type: =

          11.   ANS:  F                    REF:   785                OBJ:   Type: +

          12.   ANS:  F                    REF:   786                OBJ:   Type: =

          13.   ANS:  T                    REF:   787                OBJ:   Type: N

          14.   ANS:  F                    REF:   789                OBJ:   Type: N

          15.   ANS:  F                    REF:   790                OBJ:   Type: +

          16.   ANS:  T                    REF:   791                OBJ:   Type: =

          17.   ANS:  T                    REF:   791                OBJ:   Type: N

          18.   ANS:  F                    REF:   791                OBJ:   Type: =

          19.   ANS:  F                    REF:   792                OBJ:   Type: N

MULTIPLE CHOICE

          20.   ANS:  D                    REF:   780                OBJ:   Type: =

          21.   ANS:  C                    REF:   780                OBJ:   Type: =

          22.   ANS:  B                    REF:   780                OBJ:   Type: +

          23.   ANS:  B                    REF:   780                OBJ:   Type: +

          24.   ANS:  A                    REF:   781                OBJ:   Type: =

          25.   ANS:  D                    REF:   784                OBJ:   Type: N

          26.   ANS:  A                    REF:   784                OBJ:   Type: N

          27.   ANS:  C                    REF:   785                OBJ:   Type: +

          28.   ANS:  D                    REF:   785                OBJ:   Type: N

          29.   ANS:  A                    REF:   786                OBJ:   Type: N

          30.   ANS:  C                    REF:   789                OBJ:   Type: =

          31.   ANS:  C                    REF:   789                OBJ:   Type: =

          32.   ANS:  D                    REF:   790                OBJ:   Type: N

          33.   ANS:  C                    REF:   791                OBJ:   Type: N

          34.   ANS:  C                    REF:   791                OBJ:   Type: N

          35.   ANS:  A                    REF:   792                OBJ:   Type: N