Deck 33: Equal Opportunity in Employment

Question 1

A member of a minority race applies for a promotion to a position advertised as available at his company. The minority applicant, who is qualified for the position, is rejected by the company, which then hires a nonminority applicant for the position. The minority applicant can bring a claim under ________.

A) Title I of Americans with Disabilities Act
B) Title II of Genetic Information Nondiscrimination Act
C) Title VII of the Civil Rights Act
D) Lilly Ledbetter Fair Pay Act

Answer 1

C

Question 2

________ discrimination occurs when an employer discriminates against an entire protected class through the effects of a seemingly neutral policy.

A) Disparate-treatment
B) Disparate-impact
C) Favored-treatment
D) Unfair-impact

Answer 2

B

Question 3

The ________ was intended to eliminate job discrimination based on race, color, national origin, sex, and religion.

A) Lilly Ledbetter Fair Pay Act
B) Fair Employment Practices Act
C) Title II of Genetic Information Nondiscrimination Act
D) Title VII of the Civil Rights Act of 1964

Answer 3

D

Question 4

The ________ is a federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation.

A) Civil Rights Act of 1968
B) Title II of Genetic Information Nondiscrimination Act
C) Civil Rights Act of 1866
D) Lilly Ledbetter Fair Pay Act

Question 5

To bring a claim for disparate-treatment discrimination, the complainant must prove that ________.

A) he or she is disabled
B) he or she was rejected due to over-qualification
C) he or she belongs to a Title VII protected class
D) he or she is covered by Title I of the Americans with Disabilities Act (ADA)

Question 6

Gloria's employer deducted 20 percent of her pay in the month of January due to personal problems he had with her. Under the Lilly Ledbetter Fair Pay Act, what period of time does Gloria have to file an employment discrimination claim?

A) within the month of February the same year
B) by the end of the same year
C) within 180 days of the act that caused the discrimination
D) she cannot file such a claim, as she was not discriminated against.

Question 7

Which of the following is true of employment discrimination as defined under Title VII of the Civil Rights Act of 1964?

A) Disparate-treatment discrimination can be proven through statistical data about an employer's employment practices.
B) Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.
C) Disparate-treatment discrimination occurs when an employer discriminates against an individual of a protected class.
D) Sexual harassment and refusal to hire physically challenged employees are illustrations of disparate-impact discrimination.

Question 8

A complainant may file his or her employment discrimination claim with ________ instead of the Equal Employment Opportunity Commission (EEOC).

A) Americans with Disabilities Agency (ADA)
B) Age Discrimination in Employment Agency (AEDA)
C) a state Fair Employment Practices Agency (FEPA)
D) Bona fide occupational qualification Agency (BFOQA)

Question 9

A success plaintiff in a Title VII court action can recover back pay from an employer but is not allowed to recover attorney's fees.

Question 10

________ discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion.

A) Disparate-treatment
B) Disparate-impact
C) Favored-treatment
D) Unfair-impact

Question 11

Which of the following best describes the scope of Title VII of the Civil Rights Act of 1964?

A) It applies to all employers irrespective of the number of employees.
B) It does not apply to labor unions.
C) It does not cover state and local governments.
D) It does not apply to Native American tribes.

Question 12

Which of the following is an instance of disparate-treatment discrimination?

A) An employer does not promote Kelly because she is about to take maternity leave.
B) Ghalib, who is fluent in English, is not hired as a writer due to his Iraqi heritage.
C) An employer refuses to install a wooden ramp to accommodate Lin who is restricted to a wheelchair.
D) A factory hires 22-year old Jerry over 46-year old Barry, citing age as the reason.
E) All of the above

Question 13

Which of the following is true of the Equal Employment Opportunity Commission (EEOC)?

A) It can seek injunctive relief.
B) Its members are elected from state legislatures.
C) Its jurisdiction is limited to charges of racial discrimination.
D) It can register a complaint from a person who has filed a discriminatory lawsuit against the employer.

Question 14

The jurisdiction of the Equal Employment Opportunity Commission (EEOC) is restricted to investigating charges of discrimination based on sex.

Question 15

The ________ is the federal agency responsible for enforcing most federal antidiscrimination laws.

A) Equal Employment Opportunity Commission (EEOC)
B) Fair Employment Practices Agency (FEPA)
C) Age Discrimination in Employment Agency (ADEA)
D) Bona fide occupational qualification Agency (BFOQA)

Question 16

If the Equal Employment Opportunity Commission (EEOC) chooses not to bring suit, it issues a(n) ________ to the complainant.

A) affirmative defense
B) right to sue letter
C) filing date
D) document of claim

Question 17

Which of the following is true of the right to sue letter issued by the Equal Employment Opportunity Commission (EEOC)?

A) It is issued when the Equal Employment Opportunity Commission (EEOC) chooses to bring suit.
B) It is issued when the Equal Employment Opportunity Commission (EEOC) does not find a violation.
C) It is issued when the complainant is found guilty.
D) It is issued only when the discrimination is racial in nature.

Question 18

The Equal Employment Opportunity Commission (EEOC) will issue a right to sue letter to the complainant if it finds a violation upon investigation of the charge.

Question 19

The Equal Employment Opportunity Commission (EEOC) and a complainant can jointly sue an employer who discriminated against the complainant.

Question 20

If a person believes that he or she has been discriminated against in the workplace, he or she cannot immediately file a lawsuit against the employer.

Question 21

A person having origins in any of the original peoples of the Middle East belongs to the Caucasian racial group.

Question 22

Disparate-treatment discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion.

Question 23

A private plaintiff can bring an action of employment discrimination under Section 1981 of the Civil Rights Act of 1866 without going through the procedural requirements of Title VII.

Question 24

Distinguish between disparate-treatment discrimination and disparate-impact discrimination.

Question 25

Disparate-treatment discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.

Question 26

Punitive damages against an employer in a case involving an employer's malice and reckless indifference to federally protected rights can be awarded through the court system.

Question 27

Native American tribes and tax-exempt private clubs are excluded from Title VII of the Civil Rights Act of 1964.

Question 28

Explain the scope and provisions of Title VII of the Civil Rights Act.

Question 29

Title VII of the Civil Rights Act was intended to eliminate job discrimination based on race, color, national origin, sex, and religion.

Question 30

QuickMoney LLC is looking to fill its chief executive officer position, as the current CEO is retiring soon. QuickMoney receives applications for this position from many persons, including Joe Thomas, an African-American. Mr. Thomas is the best-qualified applicant for the job. If QuickMoney does not hire Mr. Thomas because he is African-American, the company has engaged in ________ discrimination.

A) genetic information
B) race
C) color
D) national origin

Question 31

If an employer refuses to hire individuals belonging to a particular community, that would violate ________.

A) Title I of the Americans with Disabilities Act
B) Title II of the Genetic Information Nondiscrimination Act
C) Title VII of the Civil Rights Act of 1964
D) Title IV of the Genetic Information Nondiscrimination Act

Question 32

Labor unions with 15 or more members are covered under Title VII of the Civil Rights Act.

Question 33

A complainant can file his or her claim of discrimination with a state fair employment practices agency instead of the Equal Employment Opportunity Commission (EEOC).

Question 34

If an employer refuses to promote all persons of the Asian race, the company has engaged in disparate-impact discrimination.

Question 35

An employee feels discriminated against by his employer, based on his religion. Who must he approach before filing a lawsuit against the employer? Describe the process.

Question 36

There is no cap on the recovery of compensatory or punitive damages under Section 1981 of the Civil Rights Act of 1866.

Question 37

U.S. citizens employed by U.S. companies located in foreign countries are not covered by Title VII of the Civil Rights Act of 1964.

Question 38

A plaintiff must file a claim against an employer within 180 days of the most recent paycheck violation.

Question 39

Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees.

Question 40

If a light-skinned member of a race refuses to hire a dark-skinned member of the same race, it constitutes racial discrimination.

Question 41

Employment discrimination based on a person's sexual orientation is called gender identity discrimination.

Question 42

________ prohibits any form of sex discrimination where sexual favors are requested in order to obtain a job or be promoted.

A) Title VII of the Civil Rights Act
B) Fair Employment Practices Act
C) Title II of Genetic Information Nondiscrimination Act
D) Title I of the Americans with Disabilities Act

Question 43

Which of the following best describes quid pro quo sexual harassment?

A) harassment discrimination because of pregnancy, childbirth or related medical conditions
B) harassment where sexual favors are requested in order to obtain a job or be promoted
C) harassment in hiring or promotion based on the sex of the employee under consideration
D) selective or partial treatment offered to an employee or a group of employees based on their sex

Question 44

The U.S. Supreme Court has held that sexual harassment that creates a hostile work environment violates ________.

A) Title VII of the Civil Rights Act
B) Fair Employment Practices Act
C) Title II of Genetic Information Nondiscrimination Act
D) Title I of the Americans with Disabilities Act

Question 45

In 1978, the ________ which prohibits employment discrimination because of pregnancy, childbirth, or related medical conditions was enacted as an amendment to Title VII of the Civil Rights Act.

A) Pregnancy Discrimination Act
B) Sex Discrimination Act
C) Gender Discrimination Act
D) Sexual Harassment Act

Question 46

Which type of discrimination is based on a person's heritage or cultural characteristics?

A) race discrimination
B) color discrimination
C) national origin discrimination
D) genetic information discrimination

Question 47

Color discrimination cases are brought more often than are cases involving other forms of discrimination.

Question 48

Which of the following is true of sex discrimination?

A) It is not the same as gender discrimination.
B) Prohibition against sex discrimination applies only to women, not men.
C) Employment discrimination because of pregnancy is sex discrimination.
D) Sex discrimination is covered by Title II of Genetic Information Nondiscrimination Act.

Question 49

Using a sexually explicit picture or screen saver to mock an employee constitutes ________.

A) sex discrimination
B) quid pro quo sex discrimination
C) sexual harassment
D) emotional abuse

Question 50

Only federal laws can be written that prohibit employers from discriminating against employees and job applicants based on their sexual orientation or gender identity; state laws and city and county ordinances do not apply to sexual orientation or gender identity discrimination.

Question 51

Which of the following is true of sexual harassment?

A) Same-sex harassment is not covered under Title VII.
B) An employee being harassed at the workplace is not obligated to report it to the employer.
C) Sending offensive e-mail may be considered sexual harassment.
D) The absence of a complaint policy may make an employer liable for disparate-impact discrimination.

Question 52

Discrimination because of pregnancy, childbirth, or related medical conditions violates the Civil Rights Act of 1866.

Question 53

Which of the following elements constitutes an affirmative defense by an employer to a claim of sexual harassment at the work place?

A) The employee was harassed by other employees who are no longer employed by the employer.
B) The employer had no knowledge about the sexual harassment faced by the plaintiff-employee until a court notice was served on the employer.
C) The employee failed to take advantage of any preventive or corrective opportunities provided by the employer.
D) The employee misinterpreted words or actions by the employer or his employees which were not intended to be sexual harassment.

Question 54

To whom a person is romantically, sexually or emotionally attracted to is referred to as ________.

A) sexual orientation
B) gender identity
C) transgender
D) LGBTQ

Question 55

If a company does not hire certain employees because of their accents, it has committed ________ discrimination.

A) genetic information
B) sex
C) color
D) national origin

Question 56

If an employer denies a salary hike to an employee because she is a woman, the employer is liable for sexual harassment.

Question 57

If an employer refuses to promote a qualified female to a management position because of her sex, this would be in violation of Title VII.

Question 58

Denying employment to a woman because she is pregnant is a form of quid pro quo sex discrimination.

Question 59

Lila Miller who works for a large software firm is four months pregnant and is due for a promotion. However, her employer offers the promotion to Harry Oswald, a less-experienced candidate, as Lila would go on maternity leave soon and would be unable to perform her duties. Which of the following is true of this scenario?

A) Lila's employer is not liable for disparate-treatment discrimination.
B) Lila's employer is liable for disparate-impact discrimination.
C) The employer was justified in denying Lila the promotion.
D) Lila's employer may have violated Title VII of the Civil Rights Act of 1964.

Question 60

The EEOC interprets the prohibition in Title VII against sex discrimination to include employment discrimination based on sexual orientation or gender identity.

Question 61

Employees stricken with cancer, diabetes, or epilepsy are considered individuals with a disability under Americans with Disabilities Act (ADA) provisions.

Question 62

When is an employer required to prove a bona fide occupational qualification? Explain with an example.

Question 63

The ________ is a federal statute that prohibits discriminating against employees who are 40 years old and older.

A) Fair Employment Practices Agency (FEPA)
B) Older Workers Benefit Protection Act (OWBPA)
C) Age Discrimination in Employment Act (ADEA)
D) Equal Employment Opportunity Commission (EEOC)

Question 64

Which of the following is true of the Equal Pay Act?

A) It protects both sexes from pay discrimination based on sex.
B) Federal workers are covered under the Equal Pay Act.
C) Employees cannot bring a private cause of action against an employer for violating the Equal Pay Act.
D) An employer who has violated the Equal Pay Act must lower the wages of employees whose wages had been increased.

Question 65

An employer pays higher wages to Shelly-who has worked with the company for six years-than Samuel, who holds a similar position to Shelly and performs the same functions as her and has worked with the company for only five and a half years. Which of the following is true of this case?

A) The employer has violated the Fair Employment Practices Act.
B) The employer is liable for disparaged-treatment discrimination.
C) The employer is liable for disparaged-impact discrimination.
D) The employer may not have violated the Equal Pay Act.

Question 66

The ________ protects both sexes from pay discrimination based on sex.

A) Lilly Ledbetter Fair Pay Act
B) Fair Employment Practices Act
C) Title VII of Civil Rights Act
D) Equal Pay Act

Question 67

Explain the concept of reasonable accommodation of disabled employees. When is an employer not obligated to provide such accommodation?

Question 68

Title VII prohibits workplace or job segregation based on religion.

Question 69

The ________ is a federal statute that prohibits age discrimination regarding employee benefits.

A) Fair Employment Practices Agency (FEPA)
B) Older Workers Benefit Protection Act (OWBPA)
C) Age Discrimination in Employment Act (AEDA)
D) Equal Employment Opportunity Commission (EEOC)

Question 70

The ________ is a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.

A) Americans with Disabilities Act (ADA)
B) Genetic Information Nondiscrimination Act (GINA)
C) Americans with Disabilities Act (ADAAA)
D) Older Workers Benefit Protection Act (OWBPA)

Question 71

The Age Discrimination in Employment Act (AEDA) is a federal statute that prohibits age discrimination practices against employees who are 40 years old and older.

Question 72

Jason Smith is a Hispanic scriptwriter from Brazil, located in Brazil, who works for a television show on an American cable network. He was fired after the producer came to know that Smith was a scientologist by faith. The producer's official reason for this termination was that as Smith was based in Brazil, communication was a problem. This is an example of ________ discrimination that violates Title VII of the Civil Rights Act.

A) racial
B) religious
C) national origin
D) disparate-impact

Question 73

Employers are obligated to provide reasonable accommodations to employees with disabilities if the accommodations do not cause significant difficulty or expense for the employers.

Question 74

Inadvertent discovery of genetic information and voluntary submission of genetic information to an employer violates Title II of GINA.

Question 75

Why is proving a bona fide occupational qualification essential?

A) for discrimination to be legal
B) to establish the employer's violation of Title VII
C) to establish the employee's claim is fraudulent
D) for an employee to claim being discriminated against by the employer

Question 76

Which of the following is true of religious discrimination?

A) Only monotheistic religions are covered under Title VII.
B) An employer must reasonably accommodate religious observances or practices of its employees at the workplace.
C) An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII.
D) Religious organizations can give preference in employment to individuals of a particular religion.

Question 77

Employers are never strictly liable to any of their employees who might have suffered sexual harassment at the workplace.

Question 78

Which of the following is considered a major physiological impairment by the Americans with Disabilities Act Amendments Act (ADAAA)?

A) undergoing mental stress
B) a history of surgery
C) nursing a temporary but contagious ailment
D) having cancer

Question 79

The ________ imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate disabled individuals.

A) Age Discrimination in Employment Act (AEDA)
B) Older Workers Benefit Protection Act (OWBPA)
C) Americans with Disabilities Act (ADA)
D) Fair Employment Practices Agency (FEPA)

Question 80

The Americans with Disabilities Act Amendments Act (ADAAA) is a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.