Question 1

In deciding what should be done to reasonably accommodate an individual with a disability, an employer should give primary consideration to the cost.​

Accepted Answer

In deciding what should be done to reasonably accommodate an individual with a disability, an employer should give primary consideration to the needs of the individual, not the cost. The cost of accommodation should only be considered as a secondary factor. This is in accordance with the Americans with Disabilities Act (ADA) and other equal opportunity employment laws.

Question 2

State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act.

Accepted Answer

The answer of State employers are not immune from private...

Question 3

Punitive damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act.

Accepted Answer

Punitive damages are available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act, as well as cases of reckless disregard for an individual's federally protected rights.

Question 4

The Age Discrimination in Employment Act prohibits mandatory retirement for nonmanagerial workers.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) prohibits mandatory retirement for nonmanagerial workers who are age 40 or older.

Question 5

Gina believes that she is a victim of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with Title VII is monitored by

Accepted Answer

Title VII of the Civil Rights Act is monitored by the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for receiving and investigating complaints of employment discrimination based on protected characteristics such as race, gender, age, and religion in the United States. The EEOC also enforces other federal laws that prohibit employment discrimination, such as the Americans with Disabilities Act and the Age Discrimination in Employment Act.

Question 6

The Americans with Disabilities Act requires that employees with disabilities who cannot reasonably accommodate the needs of their employers are not qualified for the work.

Accepted Answer

The Americans with Disabilities Act requires employers to provide reasonable accommodations for employees with disabilities, so not being able to reasonably accommodate an employee's needs does not automatically disqualify them from the work.

Question 7

Under Title VII of the Civil Rights Act, most private firms are required to adopt affirmative action policies.

Accepted Answer

Title VII of the Civil Rights Act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin, but it does not require private firms to adopt affirmative action policies. Affirmative action is a voluntary practice that some companies choose to implement to increase diversity and equity in their workforce. However, there are some government contractors and grantees that may be required to have affirmative action plans under certain circumstances.

Question 8

Race can be a bona fide occupational qualification.

Accepted Answer

There are certain rare circumstances where, in order to preserve the essential nature of an employer's business, race can be considered a bona fide occupational qualification (BFOQ). This may apply when it is necessary for an actor/actress to portray a specific character of a certain race, for example. However, such situations are strictly limited by law and must be necessary for the employer to operate their business effectively.

Question 9

Mitigating measures must be considered when determining whether an individual has a disability protected by the Americans with Disabilities Act.

Accepted Answer

Under the ADA, mitigating measures are not considered when determining if an individual has a disability. The focus is on whether the impairment would substantially limit a major life activity without such measures.

Question 10

The Americans with Disabilities Act defines persons with disabilities as persons with physical or mental impairments that cause them to suffer "undue hardship."

Accepted Answer

The Americans with Disabilities Act defines persons with disabilities as persons with physical or mental impairments that substantially limit one or more major life activities, not as persons causing "undue hardship."

Question 11

Once a plaintiff succeeds in proving discrimination, the burden shifts to the employer to justify the discriminatory practice.

Accepted Answer

The answer of Once a plaintiff succeeds in proving discrimination,...

Question 12

Resource Corporation and the Service Employees International Union are sued by plaintiffs alleging job discrimination in violation of Title VII of the Civil Rights Act. This law applies to employers and labor unions with at least

Accepted Answer

Title VII of the Civil Rights Act applies to employers and labor unions with at least 15 employees or members.

Question 13

Oren believes that Power Utility Corporation (PUC) has discriminated against him on the basis of race. He files a suit against PUC under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

Accepted Answer

To establish a prima facie case of employment discrimination, Oren must show that he is a member of a protected class. This means that he must demonstrate that he belongs to a group of people who have historically been subject to discrimination, such as people of a certain race, gender, or religion. It is not necessary for Oren to prove that PUC had no legal defenses, that discriminatory intent motivated PUC's act, or that no other firm in PUC's industry has committed a discriminatory act at this stage of the lawsuit.

Question 14

In effect, military service and status is a protected class, and members of the class have a right to sue an employer for discrimination on this basis.

Accepted Answer

Members of the military service and status are protected under federal law against discrimination, and can sue an employer for such discrimination on this basis.

Question 15

Under the Age Discrimination in Employment Act, a plaintiff must prove that he or she was replaced by a person of the protected class.

Accepted Answer

Under the Age Discrimination in Employment Act, a plaintiff must prove that he or she was discriminated against based on their age, but they do not necessarily need to show that they were replaced by a younger person. Other evidence of age discrimination, such as derogatory comments or disparate treatment compared to younger colleagues, can also be used to prove a case.

Question 16

The distribution of promotions and other job benefits according to a seniority system is not normally a good defense to a suit for employment discrimination.

Accepted Answer

Seniority systems can sometimes perpetuate past discrimination and may not necessarily be fair to all employees. Therefore, relying solely on a seniority system to distribute promotions and job benefits may not be a valid defense against a claim of employment discrimination. Other factors such as performance and qualifications should also be considered.

Question 17

Deep Sea Fishing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of

Accepted Answer

Gender is a protected category under federal employment discrimination laws, which include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. Discrimination based on experience, intelligence, or skill is not explicitly protected by these laws.

Question 18

Discrimination against persons who have served in the military is permissible if it meets the "legitimate expectations" of the employer and employee.

Accepted Answer

Discrimination against individuals who have served in the military is illegal under US law. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects military service members' rights to employment and prohibits discrimination based on their military service. Legitimate expectations of the employer cannot be used as an excuse to discriminate against individuals who have served in the military.

Question 19

Sara believes that she was rejected for a position at Trek Travel Agency on the basis of her race. Sara files a suit against Trek under Title VII of the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

Accepted Answer

The correct statement is "she was rejected for a position by Trek." The other three requirements to establish a prima facie case of employment discrimination are that the plaintiff is a member of a protected class, applied and was qualified for the job, and was rejected. The fact that other persons of her race hold similar positions with similar employers is not relevant to the establishment of a prima facie case.

Question 20

Employers can legitimately refuse to accommodate the needs of persons with disabilities that substantially limit their everyday activities.

Accepted Answer

This statement is false. Employers are required by law to provide reasonable accommodations to employees with disabilities, as long as it does not cause undue hardship to the employer. The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in employment, housing, public accommodations, and other areas.

Quiz 35: Employment Discrimination