Question 1

A disparate impact exists when the employment practice in question is not shown by the employer to be job related and consistent with business necessity.

Accepted Answer

This is the definition of disparate impact as per Title VII of the Civil Rights Act of 1964. If the employment practice is not job-related or necessary for the business, it can result in unintentional discrimination against a protected group, leading to a disparate impact.

Question 2

Generally, the EEOC attempts to remedy an unlawful practice through mandatory arbitration.

Accepted Answer

Generally, the EEOC attempts to remedy an unlawful practice through voluntary mediation or conciliation rather than mandatory arbitration.

Question 3

Religious societies may not grant hiring preferences to members of their religion.

Accepted Answer

Religious societies, such as churches or religious schools, may be exempt from certain anti-discrimination laws that apply to other employers. This exemption allows them to consider religion as a factor in their hiring decisions. However, they are still subject to other anti-discrimination laws that prohibit discrimination based on age, race, sex, national origin and disability. It's important to note that even if a religious society is exempt, they are not required to give hiring preference to members of their own religion.

Question 4

A plaintiff in a Title VII lawsuit must belong to a protected class.

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Therefore, a plaintiff in a Title VII lawsuit must belong to one of the protected classes covered under the law.

Question 5

In order for an employer to be vicariously liable for sexual harassment, a tangible employment action by the supervisor must have occurred.

Accepted Answer

A tangible employment action is not required for an employer to be vicariously liable for sexual harassment.

Question 6

A party claiming discrimination must first file a complaint with a local or state EEOC office before filing a charge with the EEOC.

Accepted Answer

This is true. Before filing a charge with the federal Equal Employment Opportunity Commission (EEOC), a party claiming discrimination must first file a complaint with a local or state EEOC office. This process is known as exhausting administrative remedies. Only after going through this process can the party file a charge with the EEOC.

Question 7

Title VII applies to the hiring process and to discipline, discharge, promotion, and benefits.

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment, which includes the hiring process, disciplining, discharging, promoting, and benefits. Therefore, the statement is true.

Question 8

If an employee's religious beliefs prohibit working on Saturday, an employer's obligation under Title VII is to try to find a volunteer to cover for the employee on Saturdays.

Accepted Answer

Under Title VII of the Civil Rights Act of 1964, employers are required to make reasonable accommodations for an employee's sincerely held religious beliefs that may conflict with job requirements, unless doing so would cause an undue hardship for the employer. If an employee's religious beliefs prohibit working on Saturday, the employer's obligation is to attempt to find a reasonable accommodation, which may include finding a volunteer to cover the employee's Saturday shifts.

Question 9

An employer is liable for the sexual harassment of non-supervisors only when it knew, or should have known, of the misconduct - and failed to take prompt remedial action.

Accepted Answer

An employer is generally liable for sexual harassment in the workplace when it has been committed by non-supervisors if the employer knew or should have known about the harassment and failed to take appropriate and prompt action to stop it.

Question 10

Title VII requires equal pay for men and women.

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin, but it does not specifically require equal pay for men and women. The Equal Pay Act of 1963 is the law that requires equal pay for equal work regardless of sex.

Question 11

Women who are unable to work as a result of pregnancy must be provided the same benefits as all other workers.

Accepted Answer

This is true under the Pregnancy Discrimination Act (PDA) which prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. This means that pregnant workers must be treated the same as other employees with similar abilities or limitations. They must be provided with the same benefits as other workers, including disability leave, leave without pay, health insurance, and other job-related benefits.

Question 12

An employer can prove its affirmative defense to hostile work environment by demonstrating a sexual harassment policy and notification procedures

Accepted Answer

The answer of An employer can prove its affirmative defense...

Question 13

Proof of an employer's discriminatory motive is immaterial in a disparate treatment case.

Accepted Answer

Proof of an employer's discriminatory motive is essential in a disparate treatment case. In order to prove disparate treatment, an employee must show that they were treated differently than other employees based on a protected characteristic, and that the difference in treatment was intentional and motivated by discriminatory animus.

Question 14

Title VII is the only law regulating equal employment opportunities.

Accepted Answer

Title VII is one of several laws that regulate equal employment opportunities. Other laws include the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and the Equal Pay Act (EPA), among others.

Question 15

In a disparate impact case, the employer's proof that it did not intend to discriminate is a complete defense.

Accepted Answer

In a disparate impact case, an employer's proof of lack of discriminatory intent is not a complete defense. The employer must also prove that the challenged employment practice is job-related and consistent with business necessity.

Question 16

Title VII permits the EEOC to sue employers directly when it has reasonable cause to believe that intentional discrimination was the defendant employer's "standard operating procedure."

Accepted Answer

Title VII does permit the EEOC to sue employers directly when it has reasonable cause to believe that intentional discrimination was the defendant employer's "standard operating procedure." This is known as a "pattern or practice" lawsuit.

Question 17

Criteria used to make employment decisions that have a disparate impact on women, such as height requirements, must be job-related.

Accepted Answer

This statement is true. The Equal Employment Opportunity Commission (EEOC) requires that employment criteria that have a disparate impact on a protected class, such as women, must be job-related and consistent with business necessity. This means that the criteria must be necessary for the performance of the job and must not exclude a disproportionate number of members of the protected class. Height requirements, for example, may be job-related for certain positions, such as airline pilots, but may not be necessary for other positions, such as sales representatives.

Question 18

In a hostile work environment case, the plaintiff must prove severe and pervasive conduct on the supervisor's part to meet the plaintiff's burden of proof.

Accepted Answer

In a hostile work environment case, the plaintiff must prove severe and pervasive conduct on the part of the supervisor or employer to establish a hostile work environment. This includes conduct that is discriminatory based on a protected class (e.g. race, gender, religion, age, disability), and the behavior must be severe and frequent enough to create an intimidating, hostile, or offensive work environment.

Question 19

Under Title VII, whites cannot be discriminated against because they are the majority race in this country.

Accepted Answer

Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex, or national origin. It applies to all individuals, regardless of their race, and prohibits discrimination against both minorities and majorities.

Question 20

The two principal legal theories under which a plaintiff may prove a case of unlawful employment discrimination are disparate treatment and disparate impact.

Accepted Answer

This statement is true. Disparate treatment refers to intentional discrimination against an individual based on protected characteristics such as race, gender, or religion. Disparate impact refers to a policy or practice that appears neutral on its face but has a disproportionate and negative effect on a protected group. Both theories can be used to prove unlawful employment discrimination.

Quiz 39: Equal Employment Opportunity Law