Question 1

Actions that are reasonable and necessary to perform duties are considered an apparent authority.

Accepted Answer

Apparent authority refers to a situation where a third party reasonably believes that an agent has the authority to act on behalf of the principal, even if the agent does not have the actual authority to do so. Actions that are reasonable and necessary to perform duties typically relate to actual authority, not apparent authority.

Question 2

Discrimination is always illegal.

Accepted Answer

Discrimination is not always illegal. There are certain types of discrimination that are legal, such as affirmative action programs or discrimination based on job requirements (such as requiring a certain degree or certification). However, discrimination based on certain protected characteristics (such as race, gender, religion, age, or disability) is illegal under various federal and state laws.

Question 3

Companies are not required to undertake affirmative action programs.

Accepted Answer

While some companies may choose to implement affirmative action programs to promote diversity and equal opportunity, there is no universal legal requirement for all companies to do so. The requirement for affirmative action programs typically applies to government contractors and employers who fall under certain federal regulations.

Question 4

A duty to obey instructions is a legal duty owed to an agent by a principal.

Accepted Answer

A duty to obey instructions is a legal duty owed by an agent to a principal, not the other way around. Agents must follow the lawful instructions provided by their principals as part of their fiduciary duty.

Question 5

Title VII creates only four protected classes.

Accepted Answer

Title VII of the Civil Rights Act of 1964 creates several protected classes including race, color, national origin, religion, and sex.

Question 6

Under Supreme Court precedent,a plaintiff wishing to demonstrate disparate treatment has to first make out a prima facie case of discrimination,which involves demonstrating that he or she is a member of a protected class of workers.

Accepted Answer

This statement is true. The Supreme Court has established that in cases of disparate treatment, the plaintiff must first establish a prima facie case of discrimination, which typically involves showing that the plaintiff is a member of a protected class under discrimination law.

Question 7

Most Title VII cases fall into the disparate treatment category because it is so rare to find proof of the intentional discrimination required in disparate impact cases.

Accepted Answer

Disparate treatment cases involve allegations of intentional discrimination, whereas disparate impact cases concern policies that apply to everyone but disproportionately affect members of a protected class. Disparate impact does not require proof of intentional discrimination, making it incorrect to say that most Title VII cases fall into the disparate treatment category because of the rarity of finding proof of intentional discrimination required in disparate impact cases.

Question 8

Title VII prohibits all discrimination.

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex, and national origin in employment, but it does not prohibit all forms of discrimination in all contexts. For example, it does not address discrimination based on age, disability, or sexual orientation.

Question 9

Passage of the Employment Non-Discrimination Act ENDA)in 2013 prohibited employment discrimination on the basis of sexual orientation or gender identity.

Accepted Answer

As of my last update in 2023, the Employment Non-Discrimination Act (ENDA) has not been passed into law. Instead, the U.S. Supreme Court ruled in 2020 that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because of their sexual orientation or gender identity.

Question 10

The vast majority of workers in the United States are covered by the at-will doctrine.

Accepted Answer

The at-will doctrine is the default employment relationship in the United States, meaning that most workers are covered by it. This means that either the employer or employee can terminate the employment relationship at any time, for any reason, as long as it is not discriminatory or in violation of a contract or law. There are some exceptions to at-will employment, such as for employees covered by a collective bargaining agreement or those with an employment contract specifying a certain duration or employment conditions.

Question 11

A company that carefully screens employees and creates worker education programs are exempt from liability if an employee commits a tort.

Accepted Answer

A company can still be held liable for an employee's tortious actions, regardless of how carefully they screened and educated the employee. This is known as vicarious liability, which holds employers responsible for the actions of their employees while performing job-related duties.

Question 12

Business policies that raise suspicions for disparate impact include educational qualifications.

Accepted Answer

Business policies that require specific educational qualifications may disproportionately affect certain protected classes, leading to a disparate impact.

Question 13

In an agency,an agent is hired by a principal to work on their behalf and represent them in transactions.

Accepted Answer

This statement accurately describes the role of an agent in an agency.

Question 14

Title VII applies to employers with more than 10 employees.

Accepted Answer

Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees.

Question 15

Customer preference is a basis for bona fide occupational qualification BFOQ).

Accepted Answer

Customer preference cannot be used as a basis for BFOQ as it would lead to the legitimization of discrimination based on personal taste or stereotypes. BFOQ can only be used in specific, limited circumstances where an employer can prove that a certain protected characteristic (such as gender or age) is necessary for the job's performance.

Question 16

The caps on punitive damages start at $50,000 for employers with less than one hundred employees.

Accepted Answer

This is generally true for many states in the US, but there can be exceptions depending on the state laws.

Question 17

A "no beard" policy could potentially be seen as discriminatory to some races.

Accepted Answer

Some races have cultural or religious traditions that require or encourage the growth of facial hair, so a "no beard" policy could disproportionally impact individuals belonging to those groups. This could be seen as discriminatory.

Question 18

Any Equal Employment Opportunity Commission EEOC)complaint must be filed within 90 days of the alleged discriminatory act taking place.

Accepted Answer

An EEOC complaint must generally be filed within 180 days from the day the discrimination took place. However, this deadline can be extended to 300 days if the charge also is covered by a state or local anti-discrimination law.

Question 19

Companies can fire employees who say anything negative about their bosses or the company,even on a private Facebook page.

Accepted Answer

Most companies have policies and codes of conduct that prevent employees from speaking negatively about the company or their bosses in public forums or on social media, even on private pages. If an employer becomes aware of such conduct, they may choose to terminate the employee.

Question 20

A car dealer would be an example of an agent in a business relationship.

Accepted Answer

The answer of A car dealer would be an example...

Quiz 12: Employment Discrimination