Question 1

The definition of disabled individuals under the Americans with Disabilities Act includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Accepted Answer

A disabled individual, for purposes of ADA, is defined as a person who meets one of the following criteria:
• Has a physical or mental impairment that substantially limits one or more of the major life activities of such individual.
• Has a record of such impairment.
• Is regarded as having such an impairment.

Question 2

Which of the following are the categories protected by Title VII?

Accepted Answer

Title VII prohibits employers from hiring, firing, or otherwise discriminating in terms and conditions of employment and prohibits segregating employees in a manner that would affect their employment opportunities on the basis of their race, color, religion, sex, or national origin.

Question 3

The Americans with Disabilities Act is enforced by the Disability Action Agency,not the Equal Employment Opportunity Commission.

Accepted Answer

ADA is enforced by the EEOC in the same way that Title VII is enforced.

Question 4

The concept of at-will employment excludes the concept that an employee may quit at any time.

Accepted Answer

At-will employment includes the principle that the employee may quit at any time for any reason or no reason at all.

Question 5

What is the first step a plaintiff would establish in order to prove disparate-treatment employment discrimination under Title VII?

Accepted Answer

Proving disparate-treatment discrimination in employment under Title VII is a three-step process with the first step being that the plaintiff (the employee) must demonstrate a prima facie case of discrimination.

Question 6

State laws may give employees less,but not more,protection than federal law.

Accepted Answer

State laws may give employees more, but not less, protection than federal laws.

Question 7

Title VII of the Civil Rights Act applies to employers who have ______ or more employees for ______ consecutive weeks within one year and who are engaged in a business that affects commerce.

Accepted Answer

Title VII of the Civil Rights Act applies to employers who have 15 or more employees for 20 consecutive weeks within one year and who are engaged in a business that affects commerce.

Question 8

Which of the following was decision of the appellate court in Crystal Dixon v.University of Toledo,the case in the text in which the plaintiff alleged a violation of the Equal Pay Act?

Accepted Answer

The court ruled that the plaintiff correctly made out her prima facie case by alleging the wage differential between her pay at termination and her successor's pay at the onset of his new position.

Question 9

The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.

Accepted Answer

Hostile-environment cases have also been used in cases of discrimination based on religion and race.

Question 10

Which of the following is the term for the concept that an employee may be fired for no reason at all?

Accepted Answer

Today, any employee who is not employed under a contract or a collective bargaining agreement is considered to be an at-will employee. This means that the employee may quit at any time for any reason or no reason at all, with no required notice to the employer. Similarly, an employer may fire the employee at any time, with no notice, for almost any reason.

Question 11

Currently only one state prohibits discrimination on the basis of sexual orientation.

Accepted Answer

Twelve states and the District of Columbia prohibit discrimination based on both sexual orientation and gender identity. An additional nine states prohibit discrimination based solely on sexual orientation.

Question 12

Prima facie is Latin for ____.

Accepted Answer

Prima facie is Latin for "at first view."

Question 13

In recent years the number of sexual harassment claims filed under Title VII has been in decline.

Accepted Answer

Since 1995, the number of sexual harassment claims filed has steadily declined.

Question 14

Which of the following was the court's ruling on appeal in Danny Lambert v.Mazer Discount Home Centers Inc.,the case in the text in which the plaintiff alleged age discrimination following a change in management and his discharge?

Accepted Answer

The appellate court affirmed the trial court's grant of summary judgment to the defendant recognizing that the plaintiff failed to establish a prima facie case of age discrimination.

Question 15

In the U.S.at-will employment applied in all states until ____.

Accepted Answer

At-will employment applied in all states with no exceptions until 1959.

Question 16

Title VII does not apply to the overseas operations of American firms.

Accepted Answer

The Civil Rights Act of 1991 extended the protections of Title VII and ADA to U.S. citizens working abroad for American employers or for foreign corporations controlled by a U.S. employer. An exception is made if enforcement of Title VII would violate foreign law.

Question 17

Which title of the Civil Rights Act of 1964 deals with discrimination in employment?

Accepted Answer

The Civil Rights Act (CRA) of 1964 was signed by LBJ and became federal law, assuring everyone in the nation of certain basic rights. The act is divided into sections, called titles. Title VII deals with discrimination in employment.

Question 18

In order to establish facts sufficient to create a reasonable inference that age was a determining factor in a termination,a plaintiff in an Age Discrimination in Employment Act case need not prove replacement by someone outside the protected class.

Accepted Answer

In order to establish facts sufficient to create a reasonable inference that age was a determining factor in a termination, the plaintiff need not prove replacement by someone outside the protected class.

Question 19

Which of the following is not a type of entity that may be covered by Title VII?

Accepted Answer

Title VII of the Civil Rights Act applies to employers who have 15 or more employees.

Question 20

It is usually more difficult to prove disparate impact,as opposed to disparate treatment,in regard to violations of Title VII.

Accepted Answer

While it is very difficult to prove disparate treatment, it is even more difficult to prove disparate impact.

Quiz 43: Employment Discrimination