Question 1

Which of the following amended Title VII to expand the definition of sex discrimination to include discrimination based on pregnancy?

Accepted Answer

The Pregnancy Discrimination Act of 1978 (not 1987) amended Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy.

Question 2

After a charge is filed with the EEOC and the EEOC finds reasonable cause, it will first attempt to eliminate the discriminatory practice through which of the following methods?

Accepted Answer

Conciliation is the first method the EEOC attempts to use to eliminate discriminatory practices after finding reasonable cause. This process involves negotiating between the employer and the employee to reach a voluntary agreement.

Question 3

Which type of sexual harassment is defined as a sexual demand by a supervisor on someone of the opposite sex and this demand is reasonably perceived by the employee as a term or condition of employment?

Accepted Answer

Quid pro quo sexual harassment occurs when a supervisor makes a sexual demand on an employee, and the employee perceives compliance with this demand as a condition of their employment. This type of harassment involves a clear power imbalance where job benefits or detriments are directly tied to sexual favors.

Question 4

Which of the following is not considered federal discrimination legislation?

Accepted Answer

C) Equal Opportunity for Employees Wanting to Work Act is not a real piece of federal discrimination legislation, whereas all the other options listed are actual federal laws designed to prevent discrimination in the workplace.

Question 5

Under the Pregnancy Discrimination Act of 1987, an employer must treat the pregnancy ________.

Accepted Answer

The Pregnancy Discrimination Act of 1987 requires employers to treat pregnancy the same as a temporary disability in terms of any benefits, leave, or accommodations provided.

Question 6

The Americans with Disabilities act prohibits discrimination against.

Accepted Answer

The Americans with Disabilities Act (ADA) prohibits discrimination against both employees and job applicants with disabilities, ensuring equal opportunity in job application procedures, hiring, advancement, termination, compensation, job training, and other terms, conditions, and privileges of employment.

Question 7

Which one of the following is not a method a business can use to protect itself from being involved in sexual harassment claims?

Accepted Answer

Refusing to hire women to avoid sexual harassment claims is not a legitimate or legal method to protect a business from sexual harassment claims. It constitutes discrimination and violates equal employment opportunity laws.

Question 8

Corrine is an employee at XEX company. She was given a very generic handbook when she started employment. The handbook says nothing about using social media while at work. She is fired one day and told she was fired based on the employee handbook. If she is an at-will employee, this could be considered ________.

Accepted Answer

A breach of implied contract exception to the at-will rule could be considered in this scenario because the employee handbook, despite being generic and not mentioning social media use, could be seen as creating an implied contract between Corrine and her employer regarding the terms of her employment and the conditions under which termination could occur. Since she was fired for a reason not specified in the handbook, this could potentially be seen as a breach of that implied contract.

Question 9

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene 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. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, 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 from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
-Will Cindy win on a claim under the Americans with Disabilities Act?

Accepted Answer

Cindy is likely to lose because she has not provided proof of a mental impairment that substantially limits one or more of her major life activities, which is a requirement under the Americans with Disabilities Act.

Question 10

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene 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. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, 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 from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
-Will Cindy, Zeke, and Keanu be able to go directly to federal court with claims against ABC Corporation?

Accepted Answer

Under the Americans with Disabilities Act (ADA), individuals must first file a charge with the Equal Employment Opportunity Commission (EEOC) or an appropriate state agency before proceeding to federal court. This process is required for all types of disability claims, not just those based on physical or mental disabilities.

Question 11

When it is necessary to the performance of a job, which of the following protected classes can an employer not use under the bona fide occupational qualification (BFOQ) defense?

Accepted Answer

The bona fide occupational qualification (BFOQ) defense allows employers to make employment decisions based on gender, national origin, and religion when these are reasonably necessary to the normal operation of a particular business. However, race or color cannot be considered as BFOQs under any circumstances according to U.S. federal law.

Question 12

Which of the following acts prohibits an employer from paying workers of one gender less than the wages paid to employees of the opposite gender for work that requires equal skill, effort, and responsibility?

Accepted Answer

The Equal Pay Act of 1963 specifically addresses the issue of gender pay disparity, requiring that men and women in the same workplace be given equal pay for equal work.

Question 13

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene 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. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, 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 from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
-Is Zeke covered under the Americans with Disabilities Act?

Accepted Answer

Zeke would likely be covered under the Americans with Disabilities Act because the act includes protections for individuals who are regarded as having a disability, which can include being treated by others as if they have a disability, even if they do not have a physical impairment. This is based on the provision that protects individuals from discrimination based on perceived disabilities.

Question 14

Which of the following acts prohibits employers from refusing to hire, discharging, or discriminating against employees in terms and conditions of employment on the basis of an employee's or applicant's being age 40 or older?

Accepted Answer

The Age Discrimination in Employment Act of 1967 (ADEA) specifically prohibits employers from refusing to hire, discharging, or discriminating against employees in terms and conditions of employment on the basis of an employee's or applicant's age, specifically for those who are 40 years of age or older.

Question 15

In response to a plaintiff's prima facie case of discrimination based on disparate treatment, what burden does the defendant have?

Accepted Answer

The defendant must articulate a legitimate, nondiscriminatory business reason for the action taken, shifting the burden back to the plaintiff to prove that the reason given is a pretext for discrimination.

Question 16

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene 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. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, 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 from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
-Does ABC Corporation have any duty to provide Keanu with a second elevator, assuming Keanu can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability?

Accepted Answer

The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with disabilities, as long as it does not cause undue hardship on the operation of the employer's business. Moving Keanu's workstation closer to an existing elevator is a reasonable accommodation that does not impose significant difficulty or expense, compared to installing a new elevator.

Question 17

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene 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. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, 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 from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
-Does ABC Corporation have any duty to provide Zeke with a private office?

Accepted Answer

The Americans with Disabilities Act (ADA) covers not only physical disabilities but also mental and psychological disabilities, as well as individuals regarded as having a disability. Zeke's situation, where he is treated as if he has a disability by his coworkers, could fall under this protection. The ADA requires employers to provide reasonable accommodations unless doing so would cause undue hardship. A private office could be considered a reasonable accommodation to prevent harassment or discrimination based on perceived disability.

Question 18

If a company has an at-will employee, it cannot fire him or her for an illegal reason. Which of the following is not an example of an illegal reason?

Accepted Answer

Violating the company's moral code is not necessarily an illegal reason for termination. Illegal reasons typically involve violations of state or federal laws, constitutions, or public policy, not internal company ethics or morals.

Question 19

What was the result in the case text Everson v. Michigan Department of Corrections in which the plaintiffs alleged that gender-based assignments at female correctional facilities violate Title VII of the Civil Rights Act of 1964.

Accepted Answer

The court found that the correctional facility's gender-based assignments were reasonably necessary to the normal operation of its female prisons, thus not violating Title VII.

Question 20

What initial burden does a plaintiff have in order to state a cause of action for discrimination based on disparate impact?

Accepted Answer

The plaintiff must establish statistically that a rule restricts employment for those in a protected class to state a cause of action for discrimination based on disparate impact.

Quiz 43: Employment Discrimination