Question 1

Which of the following would be a reasonable accommodation under the ADA?

Accepted Answer

Providing part-time schedules is a reasonable accommodation under the ADA, as it involves adjusting work hours to meet the needs of a disabled worker without fundamentally altering the job.

Question 2

In order to be considered sexual harassment,the questionable behavior must be directed at a coworker of the opposite gender.

Accepted Answer

Sexual harassment can occur between people of the same gender, and can include other forms of behaviour such as unwanted touching, explicit language or gestures, and offensive images or jokes. It is not limited to interactions between individuals of different genders.

Question 3

Race may be a bona fide occupational qualification when the employee will be working with children of a different race.

Accepted Answer

The concept of race as a bona fide occupational qualification (BFOQ) is generally not accepted under U.S. law, as it violates principles of non-discrimination. Employers cannot use race as a criterion for employment decisions except in very rare and specific instances, which do not include working with children of a different race.

Question 4

Quid pro quo sexual harassment cases involve coworkers making offensive jokes or rude comments or displaying pornographic materials,but not sexual offers or requests.

Accepted Answer

Quid pro quo sexual harassment involves an employee being offered or threatened with a benefit or punishment in exchange for sexual favors, not just offensive jokes or comments. Offensive behavior alone falls under the category of hostile work environment harassment.

Question 5

The EEOC is the federal agency responsible for enforcing Title VII.

Accepted Answer

The EEOC (Equal Employment Opportunity Commission) is indeed the federal agency responsible for enforcing Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, national origin, sex, and religion in employment practices.

Question 6

Brian is a police officer.He just turned 54 years old and is worried that he will be forced to retire next year when he turns 55.The Age Discrimination in Employment Act will protect him if his employer tries to force him to retire early.

Accepted Answer

The answer of Brian is a police officer.He just turned...

Question 7

Under the Equal Pay Act of 1963,an employee may not be paid at a lesser rate than employees of the opposite sex for tasks requiring equal skill,effort,and responsibility under similar working conditions.

Accepted Answer

This statement accurately describes the provisions of the Equal Pay Act of 1963.

Question 8

Laura intends to file a Title VII lawsuit against her employer.Which of the following is true?

Accepted Answer

Under Title VII, before an employee can file a lawsuit against their employer, they must first exhaust administrative remedies by filing a complaint with the Equal Employment Opportunity Commission (EEOC). Once the EEOC investigates the complaint and makes a determination, the employee may then file a lawsuit if they choose to do so.

Question 9

Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees,making it illegal to discriminate on the basis of race,color,religion,sex,or national origin.

Accepted Answer

Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees, not to those with any number of employees.

Question 10

The Civil Rights Act of 1866 offers plaintiffs the possibility of higher compensatory and punitive damage awards than plaintiffs who file under the Civil Rights Act of 1964.

Accepted Answer

The Civil Rights Act of 1866 allows for uncapped compensatory and punitive damages, whereas the Civil Rights Act of 1964 has a cap on compensatory and punitive damages. Therefore, plaintiffs who file under the Civil Rights Act of 1866 have the potential for higher damage awards.

Question 11

Which Supreme Court case had the most influence on the passage of the Civil Rights Act of 1964?

Accepted Answer

Brown v. Board of Education was the most influential Supreme Court case in the passage of the Civil Rights Act of 1964. The court's unanimous decision that segregation in public schools was unconstitutional sparked a nationwide movement towards integration and civil rights. The momentum from the Brown v. Board of Education decision paved the way for the Civil Rights Act of 1964, which aimed to end segregation in public places and prohibit employment discrimination based on race, color, religion, sex, or national origin.

Question 12

As part of the hiring process,it is legal for employers to use any personal information potential employees post on social media.

Accepted Answer

Employers must comply with anti-discrimination laws and respect privacy rights when using information from social media in the hiring process.

Question 13

Heather applied for a promotion,but her manager promoted a coworker because the manager knew Heather was seven months pregnant.The manager did not want to promote someone who would probably be taking time off of work for childbirth and child care.The manager has acted legally and reasonably to protect her company's interests.

Accepted Answer

The manager's decision to promote someone else based on Heather's pregnancy is illegal discrimination based on pregnancy. It is a violation of Title VII of the Civil Rights Act of 1964. Employers cannot discriminate against employees or job applicants because of their pregnancy or potential for pregnancy.

Question 14

Regarding Title VII,the Supreme Court ruled that an employer may only discriminate against a woman if the position she is seeking has been historically occupied by a male more than 75 percent of the time.

Accepted Answer

The Supreme Court has not set a specific percentage threshold for historical occupation by one gender to justify discrimination under Title VII. Such discrimination is generally prohibited unless an employer can establish a bona fide occupational qualification.

Question 15

In order to be considered sexual harassment,behavior must be so severe that it interferes with an employee's ability to work.

Accepted Answer

Sexual harassment is considered severe when it creates a hostile or intimidating work environment that interferes with an employee's ability to perform their job.

Question 16

Under which circumstances would the EEOC consider obesity to be a disability?

Accepted Answer

According to the EEOC, obesity may be considered a disability if it has an underlying physiological cause or if the individual is morbidly obese. However, other factors such as the impact of the obesity on the individual's daily life and the opinions of medical experts may also be considered. Being overweight on its own is not considered a disability under any circumstances.

Question 17

Generally speaking,an employer does not have to give workers a day off on their religious Sabbath if doing so would cause an undue hardship for the employer.

Accepted Answer

According to the Equal Employment Opportunity Commission (EEOC), an employer is required to provide reasonable accommodations to employees' religious practices, including time off for religious observances, unless doing so would cause an undue hardship for the employer. If providing time off for an employee's religious observance would cause an undue hardship, the employer must explore alternative accommodations. Ultimately, whether providing time off for a religious observance would cause undue hardship depends on the specific circumstances of each case.

Question 18

Alice works for a large advertising agency where she is hoping to be promoted to a management position.Alice's mother and two sisters all died of breast cancer at a young age.Alice's employer knows this,and will not put Alice in a management position because he fears that she will also develop cancer.This decision is allowed because it is in the best interest of the company.

Accepted Answer

Alice's employer's decision is discriminatory and not allowed under anti-discrimination laws, such as the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). It is not in the best interest of the company to make decisions based on unfounded assumptions about an employee's medical history or family history.

Question 19

Lamont is an African-American male.His employer tends to give him low-level tasks at work because he does not believe African-Americans are as skilled as other ethnic groups.Under Title VII,Lamont's employer is engaging in which illegal activity?

Accepted Answer

Disparate treatment is the act of treating an individual differently from others because of their race, color, religion, sex, or national origin. In this scenario, Lamont is being given low-level tasks at work because of his race, which is a clear example of disparate treatment.

Question 20

Retaliation means that an employer has done something that would deter a reasonable worker from complaining about discrimination.

Accepted Answer

Retaliation is a type of discrimination that occurs when an employer takes adverse action against an employee for complaining about discrimination or participating in an investigation or lawsuit related to discrimination. The action must be significant enough to deter a reasonable worker from making a complaint or participating in the process.

Quiz 30: Employment Discrimination