Question 1

Disparate impact discrimination cases are ____ than disparate treatment cases.

Accepted Answer

Disparate impact discrimination cases are more complex because they require statistical analysis to prove that an employment practice, policy or procedure has a disproportionate effect on a protected group, even if the discrimination was not intentional. They are also less common than disparate treatment cases because they are harder to prove and require more evidence. Disparate treatment cases involve intentional discrimination, which is easier to prove but may not have a statistically significant impact.

Question 2

In general, to require job applicants to pass an aptitude tests is:

Accepted Answer

Requiring job applicants to pass an aptitude test is valid if it has been shown to be an accurate predictor of the ability to do the job. The bias and discriminatory nature of the test must also be evaluated to ensure that it does not unfairly impact certain groups of applicants. In general, it is necessary to validate that the test measures the skills and abilities that are essential for success in the job.

Question 3

In general, to require job applicants to pass an aptitude tests is:

Accepted Answer

The answer of In general, to require job applicants to...

Question 4

Employment practices that discriminate against some employees must ____ to be legal.

Accepted Answer

Employment practices that discriminate against some employees may be legal if they meet the business necessity test. This means the practice must be necessary for the job and there must not be a less discriminatory alternative that would be effective. This exception applies to certain types of discrimination, such as age or disability discrimination. The other choices are not accurate tests for legal discrimination.

Question 5

In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that:

Accepted Answer

The answer of In EEOC v. Dial Corp., where Dial...

Question 6

In bringing a suit charging an employer with a violation of Title VII, the courts recognize what as the theory of the law?

Accepted Answer

Title VII recognizes both individual instances of disparate treatment or unintentional discrimination and neutral rules that have a disparate impact and are not justified by business necessity. Additionally, Title VII also recognizes neutral rules that perpetuate past discrimination as a violation of the law. Therefore, the best choice is E, which includes all three theories recognized by Title VII.

Question 7

An employer may legally provide differential treatment to its employees based on:

Accepted Answer

Merit and seniority are commonly used systems for determining differential treatment and business necessity can justify certain differential treatment practices. However, it is important that these practices do not result in discrimination based on race or sex. Therefore, D is the best choice as it includes all three valid justifications for differential treatment while avoiding discrimination.

Question 8

Disparate impact discrimination cases are ____ than disparate treatment cases.

Accepted Answer

The answer of Disparate impact discrimination cases are ____ than...

Question 9

Sam owns Speedy Bricklayers, Inc., a company that specializes in bricklaying. To maintain his business's reputation for quick, quality bricklaying, Sam requires that all employees are experienced bricklayers. This discriminates against potential employees who have never laid bricks before. Sam is likely:

Accepted Answer

Sam's requirement of experienced bricklayers is a bona fide occupational qualification (BFOQ) that is reasonably necessary to the normal operation of his business. Therefore, it passes the business necessity test and is not discriminatory under Title VII of the Civil Rights Act.

Question 10

In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that:

Accepted Answer

The appeals court held that Dial Corp. could not convincingly demonstrate that the weight lifting test was sufficiently related to the job's requirements, making it discriminatory and illegal.

Question 11

To select an employee from a group of applicants, employers may not use a selection criteria that results in:

Accepted Answer

Employers should not use selection criteria that results in either disparate treatment (intentional discrimination based on a protected characteristic) or disparate impact (neutral policies that have a disproportionately negative effect on a protected group) because both forms of discrimination are illegal. Additionally, employers should not perpetuate past patterns of discrimination by using selection criteria that have been shown to disproportionately exclude certain protected groups based on historical discrimination. Therefore, the best choice is E, which includes all three forms of discrimination that should be avoided.

Question 12

Which of the following is NOT an issue in a disparate impact discrimination case:

Accepted Answer

Proof of intent to discriminate is not necessary in a disparate impact discrimination case. The focus is on the impact of a rule or practice on members of a protected group, rather than the intent behind it. B, C, D, and E are all issues in a disparate impact discrimination case.

Question 13

In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that:

Accepted Answer

The appeals court held that the weight lifting test used by Dial Corp. was not a good predictor of an individual's ability to perform the job required at the factory, and therefore, the test was discriminatory against women. Thus, the correct choice is C).

Question 14

A labor union had once been whites only but is now integrated. Its membership rules used to state that to obtain employment through the union you had to be related to or recommended by a union member. Such a rule would now be:

Accepted Answer

The rule stating that one must be related to or recommended by a union member to obtain employment through the union would be illegal because it would perpetuate past intentional discrimination, violating Title VII of the Civil Rights Act of 1964. This discrimination was based off of race and would now prevent equal opportunities for minority workers joining the union. Therefore, the rule would be considered invalid and discriminatory.

Question 15

____ involve employment practices that appear to be neutral on their face but in fact have a disproportionately adverse impact on an employee or group of employees who are members of a protected class.

Accepted Answer

Disparate impact cases involve employment practices that appear neutral but disproportionately affect members of a protected class. None of the provided options accurately describe this concept, making E the correct choice.

Question 16

____ involve employment practices that appear to be neutral on their face but in fact have a disproportionately adverse impact on an employee or group of employees who are members of a protected class.

Accepted Answer

Disparate impact cases involve employment practices that may not be intentionally discriminatory but have a disparate impact on a particular protected group. These practices may appear neutral on their face, but the impact they have on the group is disproportionate and can be discriminatory. Disparate treatment cases, on the other hand, involve intentional discrimination based on protected characteristics such as race or gender. Age discrimination cases involve discrimination based on age, while whole class and partial class discrimination refer to discrimination against an entire or subset of workers, respectively, based on a protected characteristic.

Question 17

An employer may legally provide differential treatment to its employees based on:

Accepted Answer

Providing differential treatment based on merit, seniority, or business necessity is legal under federal anti-discrimination laws. Merit-based differentiations are based on employee performance, whereas seniority-based differentiation is based on employee's length of service. Business necessity is sizeable job-related criteria that affects the company's operation, such as having a certain level of education or skill set. It is essential to note that discrimination in any form on the basis of race, gender, age, religion, or anything protected by the law is illegal.

Question 18

When employment practices can be shown to discriminate against some employees:

Accepted Answer

When employment practices are shown to discriminate against some employees, the burden of proof is on the employer to prove that the challenged practices are justified as a business necessity and are job-related. This is mandated by Title VII of the Civil Rights Act of 1964.

Question 19

Sam owns Speedy Bricklayers, Inc., a company that specializes in bricklaying. To maintain his business's reputation for quick, quality bricklaying, Sam requires that all employees are experienced bricklayers. This discriminates against potential employees who have never laid bricks before. Sam is likely:

Accepted Answer

Requiring employees to have experience in bricklaying for a bricklaying job is a legitimate business necessity, focusing on the skills needed for the job rather than discriminating based on age, gender, or other protected characteristics.

Question 20

In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that:

Accepted Answer

The answer of In EEOC v. Dial Corp., where Dial...

Quiz 16: Employment Discrimination

Disparate impact discrimination cases are ____ than disparate treatment cases.

In general, to require job applicants to pass an aptitude tests is:

In general, to require job applicants to pass an aptitude tests is:

Employment practices that discriminate against some employees must ____ to be legal.

In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that:

In bringing a suit charging an employer with a violation of Title VII, the courts recognize what as the theory of the law?

An employer may legally provide differential treatment to its employees based on:

Disparate impact discrimination cases are ____ than disparate treatment cases.

In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that:

To select an employee from a group of applicants, employers may not use a selection criteria that results in:

Which of the following is NOT an issue in a disparate impact discrimination case:

In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that:

A labor union had once been whites only but is now integrated. Its membership rules used to state that to obtain employment through the union you had to be related to or recommended by a union member. Such a rule would now be:

____ involve employment practices that appear to be neutral on their face but in fact have a disproportionately adverse impact on an employee or group of employees who are members of a protected class.

____ involve employment practices that appear to be neutral on their face but in fact have a disproportionately adverse impact on an employee or group of employees who are members of a protected class.

An employer may legally provide differential treatment to its employees based on:

When employment practices can be shown to discriminate against some employees:

In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that: