Question 1

A/an __________ is a Title VII remedy which results in a court order to cease engaging in a particular unlawful practice or an order compelling a party to act.

Accepted Answer

An injunction is a court order that either restrains a party from engaging in a specific activity or compels them to undertake a particular action, often used as a remedy in Title VII cases to address unlawful practices.

Question 2

__________ damages could be in the form of back pay for the aggrieved employee.

Accepted Answer

Compensatory damages are intended to compensate the aggrieved party for their loss, which can include back pay for lost wages due to wrongful termination or discrimination.

Question 3

__________ damages 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 awarded in cases where the defendant's conduct is found to be especially harmful, and they are intended to punish the defendant and deter similar conduct in the future. In the context of employment discrimination, punitive damages would be available if the employer acted with malice, in retaliation, or with reckless disregard for the laws.

Question 4

If the employee makes a __________ case, then the employer must present a nondiscriminatory reason for the adverse employment action.

Accepted Answer

A prima facie case is a legal concept that refers to a case in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. In the context of employment law, if an employee makes a prima facie case of discrimination, the burden shifts to the employer to articulate a legitimate, nondiscriminatory reason for the adverse employment action.

Question 5

Who(m) may be excluded from a prohibition on mandatory retirement policies?

Accepted Answer

Pilots, federal law enforcement officers, and firefighters may be excluded from prohibitions on mandatory retirement policies due to the specific physical and safety requirements of their jobs.

Question 6

The Americans with Disabilities Act does not require an employer to provide accommodations that constitute a(n) __________ on the employer

Accepted Answer

The Americans with Disabilities Act requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause an undue hardship on the operation of the employer's business.

Question 7

The ADA was originally passed in 1990, but it was amended in 2008 in order to settle some of the more __________ interpretations by courts related to the definition of a disability.

Accepted Answer

The ADA was amended in 2008 to address and clarify controversial interpretations by courts regarding what constitutes a disability, aiming to ensure broader protection for individuals with disabilities.

Question 8

The ADA defines __________ as a physical or mental impairment that substantially limits a person's ability to participate in major life activities.

Accepted Answer

The ADA (Americans with Disabilities Act) defines "disability" as a physical or mental impairment that substantially limits one or more major life activities of an individual.

Question 9

As the narrow interpretation of ADA solidified in federal courts, Congress passed an amendment to the ADA that effectively __________ the Supreme Court's efforts to read the disabilities category as a narrow class of ailments.

Accepted Answer

Congress passed amendments to the ADA to reverse the Supreme Court's narrow interpretation of what constitutes a disability, thereby expanding protections.

Question 10

The ADA Amendments Act of 2008 (ADAAA) __________ the statutory protections to specifically cover disabilities that had been excluded from coverage by virtue of the Supreme Court's ADA case law.

Accepted Answer

The ADA Amendments Act of 2008 (ADAAA) expanded the statutory protections to include disabilities that had previously been excluded due to interpretations by the Supreme Court, thereby broadening the scope of what is considered a disability under the ADA.

Question 11

Even if an individual does not meet the definitional requirements of disability under the ADA, employees still may be protected by the ADA under an alternative theory of the act known as the __________.

Accepted Answer

The "regarded-as" test under the ADA protects individuals who may not meet the ADA's definition of disability but are perceived by their employer as having a disability. This provision ensures protection against discrimination based on misconceptions, stereotypes, or assumptions about an individual's condition.

Question 12

The Americans with Disabilities Act defines a __________ individual as someone who, with or without reasonable accommodation, can perform the "essential functions" of the employment position that such individual holds or desires.

Accepted Answer

The Americans with Disabilities Act uses the term "qualified" to describe an individual who, with or without reasonable accommodation, can perform the essential functions of the job they hold or desire.

Question 13

The Faragher/Ellerth defense is a __________ created affirmative defense whereby an employer may avoid vicarious liability by proving that a system was in place that was intended to deter, prevent, report, and correct any harassment.

Accepted Answer

The Faragher/Ellerth defense is a judicially created affirmative defense, established by the Supreme Court in the cases of Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth. This defense allows employers to avoid vicarious liability for harassment by demonstrating they have effective measures in place to prevent and correct harassment and that the employee unreasonably failed to take advantage of these measures.

Question 14

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

Accepted Answer

The correct term is "legitimately necessary" to the business operations, which means the discrimination can be justified if it is genuinely required for the functioning of the business. This is a legal standard used in employment law to assess the validity of certain discriminatory practices when they are essential for the role or business operations.

Question 15

A bona fide occupational qualification (BFOQ) that is reasonably necessary to the normal operation of that particular business or enterprise is

Accepted Answer

BFOQ is a legal term that allows employers to hire employees based on specific qualities or attributes that are essential to the job. This can include factors like age, sex, or religion, but does not include race, as race is never considered a BFOQ under U.S. law.

Question 16

Affirmative action in employment began during __________ when President Franklin D. Roosevelt issued an executive order banning racial, religious, and gender discrimination in the defense industry.

Accepted Answer

Affirmative action in employment began during World War II when President Franklin D. Roosevelt issued Executive Order 8802 in 1941, which banned racial, religious, and gender discrimination in the defense industry.

Question 17

__________ action does not require absolute equality.

Accepted Answer

Affirmative action refers to policies that take factors including "race, color, religion, sex, or national origin" into consideration in order to benefit an underrepresented group "in areas of employment, education, and business", usually justified as countering the effects of a history of discrimination. It does not require absolute equality but rather aims at leveling the playing field for minorities and underrepresented groups.

Question 18

One of the most __________ issues under affirmative action involves quotas.

Accepted Answer

One of the most misunderstood issues under affirmative action involves quotas, as the concept and implementation of quotas are often confused with broader affirmative action policies, leading to misconceptions about their purpose and legality.

Question 19

Carter is a brand representative at an exclusive shopping store that requires male brand representatives to have long hair. After a 90-day evaluation with his boss, it is clear that Carter has refused to stop cutting his hair in accordance with the standards. He is fired on the spot. Which of the following is true?

Accepted Answer

Title VII protects against discrimination based on race, color, religion, sex, and national origin, not hair length.

Quiz 41: Employment Discrimination