Question 1

The EEOC is a seven-member commission whose members are appointed by the president with approval of the House of Representatives.

Accepted Answer

The EEOC (Equal Employment Opportunity Commission) is a five-member commission whose members are appointed by the President and confirmed by the Senate.

Question 2

During and immediately after the investigation, the EEOC is required by statute to engage in conciliation negotiations.

Accepted Answer

The EEOC is indeed required by statute to engage in conciliation negotiations during and immediately after the investigation as part of its efforts to resolve discrimination complaints without resorting to litigation.

Question 3

One fundamental tenet of federal antidiscrimination laws is that all discrimination is illegal.

Accepted Answer

Federal antidiscrimination laws prohibit discrimination on specific grounds such as race, color, religion, sex, national origin, age, disability, and genetic information, but not all forms of discrimination are covered under these laws.

Question 4

Title VII of the Civil Rights Act of 1964 and its amendments make up the centerpiece of antidiscrimination statutes.

Accepted Answer

Title VII of the Civil Rights Act of 1964, along with its subsequent amendments, is indeed the centerpiece of federal antidiscrimination law in the United States, prohibiting employment discrimination based on race, color, religion, sex, and national origin.

Question 5

The quid pro quo theory is derived from the Latin phrase meaning "something for nothing at all". An example of this theory would be a harasser demanding sexual favors as a condition of continued employment or as a prerequsite for a promotion or pay raise.

Accepted Answer

The Latin phrase "quid pro quo" actually means "something for something," indicating an exchange of goods or services, where one thing is given in return for another.

Question 6

The most common type of sexual harassment takes the form of a hostile work environment.

Accepted Answer

A hostile work environment, characterized by unwelcome comments or conduct based on sex that interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment, is indeed the most common form of sexual harassment.

Question 7

Title VII provides aggrieved employees with a narrow range of remedies to compensate for unlawful discrimination.

Accepted Answer

Title VII of the Civil Rights Act of 1964 provides aggrieved employees with a wide range of remedies for unlawful discrimination, including reinstatement, back pay, compensatory damages, punitive damages, and attorney's fees.

Question 8

Punitive damages (intended to deter future conduct of employers) are available only when a plaintiff proves that a private employer acted with malice, in retaliation, or with reckless disregard for the employment discrimination laws.

Accepted Answer

Punitive damages are indeed designed to punish and deter particularly egregious conduct, such as actions taken with malice, in retaliation, or with reckless disregard for the rights of others, including violations of employment discrimination laws.

Question 9

If a plaintiff is attempting to prove age discrimination based on the fact that younger employees are treated more favorably, then the plaintiff must prove that the younger employees are substantially younger.

Accepted Answer

In age discrimination cases, particularly under the Age Discrimination in Employment Act (ADEA), the plaintiff must demonstrate that the younger employees being treated more favorably are significantly younger, as this helps establish that the differential treatment is indeed due to age rather than other factors.

Question 10

Under the Age Discrimination in Employment Act (ADEA), employers are prohibited from discriminating against employees on the basis of their age once an employee has reached age 45.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against persons 40 years of age or older, not 45.

Question 11

Perhaps the narrowest defense to employment discrimination is when a business can justify discrimination on the basis that it is legitimately necessary to the business operations of the company.

Accepted Answer

The answer of Perhaps the narrowest defense to employment discrimination...

Question 12

Each antidiscrimination statute has its own set of defenses, but there is some level of commonality among employer defenses.

Accepted Answer

The answer of Each antidiscrimination statute has its own set...

Question 13

Statutes do not allow race to be used as a bona fide occupational qualification (BFOQ).

Accepted Answer

The concept of Bona Fide Occupational Qualifications (BFOQ) allows for discrimination based on characteristics like sex, religion, or national origin when they are reasonably necessary to the normal operation of a particular business. However, race is not permitted as a BFOQ under U.S. federal law, specifically under Title VII of the Civil Rights Act of 1964.

Question 14

Each state has its own statutes that are often modeled after the federal statutes.

Accepted Answer

State statutes often mirror federal statutes to ensure consistency and compliance with overarching federal laws, while also allowing for adjustments to meet local needs and conditions.

Question 15

The EEOC is a __________ commission whose members are appointed by the president with approval of the Senate.

Accepted Answer

The EEOC, or Equal Employment Opportunity Commission, is a five-member commission. Members are appointed by the president and must be confirmed by the Senate.

Question 16

Under the term employment discrimination, what is/are considered workplace-related discrimination?

Accepted Answer

Employment discrimination encompasses all aspects of the workplace, including the hiring process, how employees are treated and their work schedules, and disciplinary actions.

Question 17

A standard that is applied to all employees or candidates for employment equally but nevertheless is shown to be discriminatory is called a __________ standard.

Accepted Answer

A facially neutral standard is one that is applied to all employees or candidates equally but can be shown to have a discriminatory impact. This means that, on its face, the standard does not appear to discriminate against any group, but in practice, it results in a disproportionate impact on a particular group.

Question 18

Disparate treatment is analyzed using the __________ standard.

Accepted Answer

The McDonnell Douglas standard is used to analyze claims of disparate treatment under employment discrimination law. It provides a framework for presenting evidence and shifting burdens of proof in discrimination cases.

Question 19

What may be considered violations of Title VII:

Accepted Answer

All of the choices listed (unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature) are considered violations of Title VII as they can contribute to a hostile work environment or quid pro quo harassment, both of which are prohibited under Title VII of the Civil Rights Act of 1964.

Question 20

If the harasser is a supervisor who has the power to hire, fire, demote, promote, transfer, or discipline the employee, and the harassment culminates in a tangible employment action, the employer is __________.

Accepted Answer

When a supervisor with the power to make significant employment decisions engages in harassment that results in a tangible employment action, the employer is strictly liable for the actions of the supervisor. This means the employer is automatically considered responsible without the need for the employee to prove negligence or fault on the part of the employer.

Quiz 41: Employment Discrimination