Question 1

In a disparate treatment case, the focus is on the employer's intention.

Accepted Answer

In a disparate treatment case, the focus is on whether the employer intentionally discriminated against the employee based on a protected characteristic.

Question 2

Which of the following must be shown in order to establish a prima facie case of   retaliation?
A)that the employee was replaced by someone with differing protected class characteristics
B)that the employee lost an employment opportunity shortly after engaging in protected activity
C)that the employer's action was based on the employee's race, sex, or other protected class characteristic
D)that the employer's action was based on a disagreement with a superior and that the firing was unrelated to quality of the employee's job performance

Accepted Answer

To establish a prima facie case of retaliation, it must be shown that the employee suffered a negative employment action (such as losing an employment opportunity) shortly after engaging in a protected activity (such as filing a discrimination complaint). This demonstrates a possible causal link between the protected activity and the adverse employment action, which is essential for a retaliation claim. Choices A, C, and D relate to discrimination claims based on protected class characteristics or other issues, not specifically to retaliation for engaging in protected activities.

Question 3

A claim for retaliation can be brought only by the person who was retaliated against.

Accepted Answer

A claim for retaliation can also be brought by individuals who were affected by the retaliatory action, even if they were not the direct target of the retaliation. For example, a coworker or family member who faces negative consequences as a result of someone else's complaint or lawsuit could potentially bring a retaliation claim.

Question 4

Which of the following is a type of disparate treatment?
A)adverse impact
B)retaliation
C)reverse impact

Accepted Answer

Disparate treatment involves treating someone differently based on a protected characteristic, such as race, age, or sex. Retaliation is a form of disparate treatment where an employer punishes an employee for engaging in legally protected activity, such as filing a discrimination complaint.

Question 5

For a disparate treatment case involving pretext, which is the correct order of proof?
A)plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent
B)plaintiff's evidence supporting discriminatory intent, defendant's lawful motive, plaintiff's prima facie case
C)plaintiff's primary evidence, defendant's primary evidence, plaintiff's rebuttal showing discriminatory motive

Accepted Answer

In a disparate treatment case involving pretext, the correct order of proof follows a three-step process: (1) the plaintiff must first establish a prima facie case of discrimination, (2) the defendant must then articulate a lawful motive for the action taken, and (3) the plaintiff must then provide additional evidence showing that the defendant's stated motive was a pretext for discrimination.

Question 6

Since the passage of the Civil Rights Act of 1964, employment discrimination has largely disappeared from the workplace.

Accepted Answer

Despite the passage of the Civil Rights Act of 1964, employment discrimination persists in various forms in the workplace, including racial, gender, age, and disability discrimination, among others.

Question 7

Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case?
A)proof that the employer intended to discriminate
B)proof that the employer's stated motive is not credible
C)statistical evidence of discriminatory effects
D)proof that the employer's stated reason for its action is false or incredible

Accepted Answer

In a disparate treatment pretext case, the plaintiff must show that the employer's stated reason for its action is false or incredible, suggesting that the real reason was discriminatory.

Question 8

The key element in disparate treatment is discriminatory intent. In this context, that means that:
A)the decision-maker made the decision with intent to harm
B)the decision-maker made the decision with intent to break the law
C)the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee
D)the decision-maker made the decision with personal animus

Accepted Answer

Disparate treatment involves making employment decisions based on an individual's protected characteristics (such as race, gender, age, etc.), rather than their qualifications or performance. This means the decision was influenced, in whole or in part, by the individual's membership in a protected class, rather than an intent to harm, break the law, or personal animus.

Question 9

In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:
A)there is an alternative practice that would have less discriminatory effects, but the employer declines to use it
B)the employer has engaged in a pattern or practice of discrimination
C)the difference in selection rates across protected class groups is statistically significant
D)the four-fifth's rule has been violated

Accepted Answer

The plaintiff can still win if they demonstrate that there is an alternative employment practice available that would result in less adverse impact and the employer refuses to adopt this less discriminatory alternative. This is in line with the principles of employment law and the enforcement of anti-discrimination statutes.

Question 10

Three employees working for the same company were found to have stolen company cargo.  Two of the employees were white, and one was black.  The two white employees were fired, but not the black employee.  If the white employees sue, the court will most likely decide:
A)for the employer, because the employees were guilty of theft
B)for the employer, because the employees were employees at will
C)for the employee, because the employer treated him differently based on his race
D)for the employee, because his employer was within its discretion to fire some, but not all employees guilty of theft

Accepted Answer

The court will most likely decide for the employee because the employer treated him differently based on his race, which could be seen as discriminatory under employment law.

Question 11

Regarding cases alleging disparate treatment and pretext, it is correct to say:  ​
A)disparate treatment is unintentional or accidental ​
B)evidence in a pretext case can be either direct or circumstantial
C)the employer has violated Title VII if it would not have made the same decision absent the discriminatory motive
D)they are relatively rare and with current legislation are not likely to be significant in the future

Accepted Answer

Evidence in a pretext case can be either direct or circumstantial.

Question 12

Which of the following is true regarding discrimination?
A)the number of discrimination claims filed has decreased over the past decade as employers have paid more attention to promoting diversity in the workplace
B)discrimination has become more subtle and difficult to eliminate in recent years
C)the main challenge in confronting discrimination is to get women and persons of color into workplaces; they can take it from there
D)discrimination occurs anytime that persons are treated unequally or unfairly in the workplace

Accepted Answer

Discrimination has become more subtle and difficult to eliminate in recent years, as overt acts of discrimination have decreased but more covert and systemic forms persist.

Question 13

Protected activity in a retaliation claim under Title VII includes:
A)violent protests opposing an employer's alleged discrimination
B)testifying in court about another employee's discrimination claim
C)filing a discrimination charge against an employer
D)refusing to assist in the investigation of a discrimination claim

Accepted Answer

The answer of Protected activity in a retaliation claim under...

Question 14

Which of the following is true? Title VII of the Civil Rights Act:
A)protects employees against discrimination based on race, sex, national origin, and disability
B)applies to employers that have 15 or more employees
C)protects employees against discrimination based on sexual orientation
D)protects employees against discrimination based on height, weight and physical appearance

Accepted Answer

Title VII of the Civil Rights Act applies to employers with 15 or more employees and protects against discrimination based on race, color, religion, sex, and national origin, but not disability, sexual orientation, or physical appearance.

Question 15

In a disparate impact case, the focus is on the employer's intention.

Accepted Answer

In a disparate impact case, the focus is on the outcomes of the employer's practices, not on the employer's intention.

Question 16

A firm had been sued and found guilty of religious discrimination against people who practiced Judaism, and managers were instructed to be very careful to avoid another similar suit.  To that end, Jewish employees, but not others, were given raises. Of the following, what is the most correct assessment of this policy?
A)the policy is sound, both legally and ethically
B)the policy is sound legally, but not ethically
C)the policy is neither legally nor ethically sound
D)the policy is sound ethically, but not legally

Accepted Answer

The policy is discriminatory because it favors employees of a specific religion over others, which is both legally and ethically unsound. Discrimination, even if well-intentioned, violates principles of equality and fairness, and likely contravenes laws against workplace discrimination.

Question 17

Of the elements necessary to prove a case of disparate treatment involving pretext, which of the following is NOT required?
A)plaintiff applied for the employment opportunity
B)plaintiff was qualified for the employment opportunity ​
C)plaintiff was not hired for the employment opportunity
D)plaintiff was as qualified for the employment opportunity as the person hired

Accepted Answer

To prove a case of disparate treatment involving pretext, it is not required to show that the plaintiff was as qualified for the employment opportunity as the person hired. The focus is on whether the employer's stated reason for not hiring the plaintiff is a pretext for discrimination.

Question 18

In disparate treatment cases:
A)the focus is on proving the employer's discriminatory intent
B)the focus is on showing the discriminatory effects of the employer's actions
C)the focus is on showing that unfair treatment occurred
D)the focus is on showing that the employer holds racist or sexist views

Accepted Answer

Disparate treatment cases specifically focus on proving that an employer intentionally discriminated against an employee or a group of employees based on a protected characteristic, such as race, gender, or age.

Question 19

Which of the following is a protected class characteristic?
A)religion
B)height
C)intelligence
D)management status

Accepted Answer

Religion is considered a protected class characteristic under various anti-discrimination laws, including those in the United States, such as the Civil Rights Act of 1964, which prohibits discrimination on the basis of religion in employment, education, and access to public services.

Question 20

Which of the following is a neutral requirement that is likely to result in adverse impact?
A)race
B)language requirement
C)physical strength test
D)language requirement and physical strength test

Accepted Answer

Language requirements and physical strength tests, when not directly related to job necessities, can inadvertently disadvantage certain groups, leading to adverse impact. These criteria can exclude individuals based on characteristics that may not be essential for job performance, thus affecting fairness and diversity in employment.

Quiz 3: Overview of Employment Discrimination

In a disparate treatment case, the focus is on the employer's intention.

Which of the following must be shown in order to establish a prima facie case of retaliation?

A claim for retaliation can be brought only by the person who was retaliated against.

Which of the following is a type of disparate treatment?

For a disparate treatment case involving pretext, which is the correct order of proof?

Since the passage of the Civil Rights Act of 1964, employment discrimination has largely disappeared from the workplace.

Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case?

The key element in disparate treatment is discriminatory intent. In this context, that means that:

In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:

Three employees working for the same company were found to have stolen company cargo. Two of the employees were white, and one was black. The two white employees were fired, but not the black employee. If the white employees sue, the court will most likely decide:

Regarding cases alleging disparate treatment and pretext, it is correct to say: ​

Which of the following is true regarding discrimination?

Protected activity in a retaliation claim under Title VII includes:

Which of the following is true? Title VII of the Civil Rights Act:

In a disparate impact case, the focus is on the employer's intention.

Of the elements necessary to prove a case of disparate treatment involving pretext, which of the following is NOT required?

In disparate treatment cases:

Which of the following is a protected class characteristic?

Which of the following is a neutral requirement that is likely to result in adverse impact?

Regarding cases alleging disparate treatment and pretext, it is correct to say: