Question 1

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

Accepted Answer

State laws can provide more protections than federal law, but they cannot provide less. States are allowed to enact laws that offer greater rights or benefits to employees than those provided under federal statutes.

Question 2

If an employee is considered at-will, how much notice must the employee give their employer if they are leaving their job?

Accepted Answer

In an at-will employment arrangement, neither the employer nor the employee is required to give advance notice before terminating the employment relationship. This means an employee can leave their job at any time without providing notice, just as an employer can terminate the employee without notice.

Question 3

What is the name of the defense an employer can raise in response to a Title VII action, which allows the employer to give preferential treatment to employees based on their length of service?

Accepted Answer

The seniority system defense allows an employer to give preferential treatment to employees based on their length of service, which is considered lawful under Title VII as long as the system is not designed to discriminate on the basis of race, color, religion, sex, or national origin.

Question 4

A corporation that is clearly a foreign corporation and not controlled by an American entity is not subject to U.S. equal employment laws.

Accepted Answer

A foreign corporation that is not controlled by an American entity is not subject to U.S. equal employment laws.

Question 5

An employee who is employed under a collective bargaining agreement is considered to be an at-will employee.

Accepted Answer

An employee under a collective bargaining agreement typically has protections and terms of employment that are negotiated between the employer and the union, which often include specific conditions for termination and therefore do not classify as at-will employment.

Question 6

The issue of whether a hostile work environment exists is only considered by courts in the context of harassment based upon gender.

Accepted Answer

Courts consider the issue of a hostile work environment in the context of harassment based on various protected characteristics, not just gender. This includes race, religion, national origin, age, disability, and sexual orientation, among others, as protected by laws such as Title VII of the Civil Rights Act of 1964 and other federal and state statutes.

Question 7

At-will employment principles are only considered a right that an employer or potential employer has, not an employee.

Accepted Answer

At-will employment allows either the employer or the employee to terminate employment at any time, for any reason, except for reasons that are illegal or against public policy. This means both parties have rights under at-will employment principles.

Question 8

What was the holding of the appellate court in Dixon v. University of Toledo, the case in the text in which the plaintiff alleged a violation of the Equal Pay Act?

Accepted Answer

The appellate court held that the plaintiff made out her prima facie case under the Equal Pay Act by alleging a wage differential between her pay at termination and her male successor's pay at the start of his position, indicating potential gender-based pay discrimination.

Question 9

The ADA is enforced by the EEOC in the same way that Title VII is enforced.

Accepted Answer

The Americans with Disabilities Act (ADA) is enforced by the Equal Employment Opportunity Commission (EEOC) in a manner similar to how it enforces Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex, and national origin. The EEOC investigates complaints, mediates disputes, and can bring lawsuits against employers for violations under both laws.

Question 10

The Americans with Disabilities Act's definition of disabled individuals includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Accepted Answer

The Americans with Disabilities Act (ADA) defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

Question 11

________ of the Civil Rights Act of 1964 deals with discrimination in employment.

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin.

Question 12

Employers cannot use social media in making employment decisions because it is against federal law.

Accepted Answer

Employers can use social media in making employment decisions, but they must comply with federal laws such as the Fair Credit Reporting Act and nondiscrimination laws to ensure they do not use information in a way that is discriminatory or violates privacy rights.

Question 13

Disparate treatment is regarded as intentional discrimination and disparate impact is regarded as unintentional discrimination.

Accepted Answer

Disparate treatment involves intentional discrimination against individuals based on protected characteristics, while disparate impact refers to policies or practices that result in unintentional discrimination against a particular group.

Question 14

If an employment relationship is one in which the employee can be hired or fired for no reason at all, as long as it is not an illegal reason, this is known as ________.

Accepted Answer

At-will employment refers to the arrangement where either the employer or the employee can terminate the employment relationship at any time for any reason, except for an illegal one, such as discrimination based on race, religion, or gender.

Question 15

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

Accepted Answer

The number of sexual harassment claims filed under Title VII has declined in recent years due to a number of factors, including increased awareness of the issue, more effective prevention and response measures, and changes in the legal landscape.

Question 16

It is usually more difficult to prove disparate impact, as opposed to disparate treatment, in regard to violations of Title VII.

Accepted Answer

Disparate impact involves policies, practices, rules, or other systems that appear to be neutral but result in a disproportionate impact on a protected group. It's often harder to prove because it requires statistical evidence and analysis to show that an employer's practices have a negative impact on a specific group, whereas disparate treatment involves more direct evidence of discrimination based on race, color, religion, sex, or national origin.

Question 17

Title VII is applicable to foreign corporations that are controlled by a U.S. employer.

Accepted Answer

Title VII of the Civil Rights Act of 1964 applies to foreign corporations that are controlled by a U.S. employer if the discriminatory act takes place within the United States or if the American employer controls the corporation in a way that the discrimination can be effectively addressed by the U.S. employer.

Question 18

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

Under the Age Discrimination in Employment Act (ADEA), a plaintiff can establish a prima facie case of discrimination without necessarily proving that they were replaced by someone outside the protected age group (40 years and older). The focus is on whether age was a determining factor in the employment decision, not solely on the age of the replacement.

Question 19

Only one state prohibits discrimination on the basis of sexual orientation.

Accepted Answer

Multiple states in the United States have laws that prohibit discrimination on the basis of sexual orientation, not just one.

Question 20

In response to a Title VII action, an employer may raise the bona fide occupational qualification defense, which allows an employer to discriminate in certain circumstances when doing so is necessary for the performance of the job.

Accepted Answer

The bona fide occupational qualification (BFOQ) defense under Title VII of the Civil Rights Act of 1964 allows employers to engage in what would otherwise be considered illegal discrimination if it is necessary for the performance of specific job duties. This exception is narrowly interpreted and typically applies to cases involving gender, religion, or national origin, but not race or color.

Quiz 43: Employment Discrimination