Question 1

Silky Coordinates,a women's clothing store,employs female attendants to as?sist customers in the dressing rooms.Radley,a forty-one-year-old male,ap?plies for an atten?dant's job,but is not hired.In Radley's suit against Silky for em?ployment discrimination under Title VII,the store has

Accepted Answer

Silky can use a bona fide occupational qualification (BFOQ) defense as it is an exception to Title VII's prohibition on discrimination based on sex. In this case, Silky can argue that having female attendants is a BFOQ because women may prefer to have female attendants assist them in the dressing rooms for reasons related to privacy and comfort. However, Silky would need to prove that this requirement is a legitimate business necessity and that no reasonable alternative exists.

Question 2

Fact Pattern 28-1 (Questions 15-16 apply)
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
-Refer to Fact Pattern 28-1.Manny believes that he has been discriminated against on the basis of his age.For the Age Dis?crimination in Employment Act of 1967 to apply

Accepted Answer

The Age Discrimination in Employment Act of 1967 prohibits discrimination against individuals who are forty years of age or older. Therefore, Manny must be forty years of age or older for the act to apply.

Question 3

Fact Pattern 28-1 (Questions 15-16 apply)
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
-Refer to Fact Pattern 28-1.To succeed with an age-discrimination claim against CBC,Manny will have to show that

Accepted Answer

Manny will have to show that he was qualified for his job and that he was replaced by someone younger, which suggests that age was a factor in his termination. The qualifications of Lita or the job requirements are not directly relevant to the age discrimination claim.

Question 4

Greta is the only female employee in the maintenance department of Hydraulics Inc.Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit.This is

Accepted Answer

Greta's experience of relentless teasing and trick-playing from her colleagues has made her feel compelled to quit. This is known as constructive discharge, where the work environment becomes so intolerable that an employee is effectively forced out of their job. The fact that Greta is the only female employee in the maintenance department and is being mistreated by her male colleagues also raises concerns about gender discrimination and harassment in the workplace.

Question 5

During a union election campaign,Autowerks Repair,Inc.,prohibits on-site solicitations by any party,including Mechanics Union,which is seeking the workers' unionization.This violates

Accepted Answer

The answer of During a union election campaign,Autowerks Repair,Inc.,prohibits on-site...

Question 6

David's Diamonds,Inc.is hiring a new clerk and interviews four applicants.Phillip has AIDS,Josie has heart disease,Martha is a kleptomaniac and George has diabetes.Under the Americans with Disabilities Act,all of the applicants are considered disabled except

Accepted Answer

The Americans with Disabilities Act (ADA) does not consider kleptomania as a disability, whereas AIDS, heart disease, and diabetes are recognized as disabilities under the ADA.

Question 7

Machine Corporation requires its employees to have a high school diploma,claiming a definite connection between a high school edu?ca?tion and job performance.In a suit against Machine Corporation under Title VII,this requirement is shown to have a discriminatory effect.The employer has

Accepted Answer

The employer may have a defense of business necessity if they can show that the requirement of a high school diploma is necessary for the job performance. However, if the requirement has a discriminatory effect, the employer must show that the requirement is job-related and consistent with business necessity.

Question 8

Lew,a member of a protected class,applies for a job with Mit-E Construction Company,but fails Mit-E's employment test and is not hired.Lew believes that the test has an unintentionally discriminatory effect.If so,this is

Accepted Answer

Disparate-impact discrimination occurs when an employment practice or policy appears to be neutral, but has a discriminatory effect on a particular protected group. In this case, if Lew belongs to a protected class and the test had a discriminatory impact on that class, then it would be considered disparate-impact discrimination. Desperate-measure discrimination and disparate-treatment discrimination both involve intentional discrimination, which is not the case here. And it is not "not discrimination" if Lew is intentionally or unintentionally being affected by an employment policy.

Question 9

Elsa participates in a Title VII investigation at the firm where she works.As a result,Elsa's employer demotes her.Elsa can file a

Accepted Answer

Elsa's demotion is likely to be perceived as retaliation for her participation in a Title VII investigation. Hence, she can file a retaliation claim under Title VII.

Question 10

Food Packagers Union represents the workers of Garden Variety,Inc.The company does not require its workers to join the union as a prerequisite to obtaining employment.The union would like the employer to require the workers to join after a specified amount of time on the job.This would violate

Accepted Answer

There is no federal law that mandates employers to require their workers to join a union after a specific period of employment. The National Labor Relations Act protects employees' rights to join or not join a union and prohibits employers from discriminating against workers who decide to join a union. Therefore, the union's request would violate federal labor law if forced upon the employer. However, in Garden Variety, Inc.'s case, since the company does not require union membership as a condition of employment, the union cannot demand that the employer change its policy in violation of any federal employment law.

Question 11

Lisa brings a lawsuit against her employer for unlawful discrimination.Lisa is successful in proving that she was unlawfully discriminated against by her employer.Lisa may be awarded

Accepted Answer

Lisa may be awarded back pay for any lost wages due to the discrimination, retroactive promotions to the position she would have been in if not for the discrimination, and damages for any emotional distress or other harms suffered as a result of the discrimination.

Question 12

Cody believes that Delta Corporation has dis?criminated against him on the basis of gender.Cody files a suit against Delta under Title VII.To es?tablish a prima facie case of employment discrimi?nation,Cody must show that

Accepted Answer

The answer of Cody believes that Delta Corporation has dis?criminated...

Question 13

Svetlana,a fifty-five-year-old member of a racial minority with a disability,believes that she is a victim of employment discrimination.Potentially the most widespread form of discrimination is based on

Accepted Answer

The answer of Svetlana,a fifty-five-year-old member of a racial minority...

Question 14

The standard for determining whether constructive discharge has occurred is whether or not

Accepted Answer

The standard for determining whether constructive discharge has occurred is whether or not a reasonable person in the employee's position would feel compelled to quit. It is not based on race, gender, or annual wage rate.

Question 15

Fact Pattern 28-2 (Questions 18-19 apply)
Beth,who has a disability,is an employee of Corporate Office Company (COC).After the installation of new doors on COC's building,Beth finds it nearly im?possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability.
-Refer to Fact Pattern 28-2. To successfully defend against Beth's claim,COC will have to show that

Accepted Answer

COC must demonstrate that modifying the doors to accommodate Beth's disability would cause undue hardship, which is a key defense in disability discrimination cases under the Americans with Disabilities Act (ADA).

Question 16

Elections for union officers are regulated by

Accepted Answer

The Labor-Management Reporting and Disclosure Act (LMRDA) regulates the election of union officers. The LMRDA requires unions to hold fair and democratic elections, which includes providing equal opportunities for candidates to campaign, allowing all members in good standing to vote, and ensuring that the ballots are counted fairly.

Question 17

Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race.Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination.Sarah must show all of the following except that

Accepted Answer

While it may be helpful for Sarah's case if other people of her race hold similar positions with other employers, it is not necessary for her to prove this in order to show that she was discriminated against by Trekking Travel Agency. The other criteria listed (being a member of a protected class, applying and being qualified for the job, and being rejected by the employer) are all necessary elements for showing disparate-treatment discrimination.

Question 18

Employers are not allowed to interfere with employees' efforts to form or join a union due to the

Accepted Answer

The National Labor Relations Act (NLRA), also known as the Wagner Act, prohibits employers from interfering with or coercing employees who are attempting to form or join a union. The NLRA also protects the rights of employees to engage in collective bargaining and to engage in other concerted activities for the purpose of mutual aid and protection. The other options, Norris-LaGuardia Act, Civil Rights Act, and Labor-Management Relations Act, do not specifically address the issue of unionization and employer interference.

Question 19

Melanie files an employment discrimination suit against Natural Gas Industries Corp.under Title VII on a disparate-impact theory.To succeed,Melanie must show that a protected group of people are adversely affected by any of the following except the employer's

Accepted Answer

The correct answer is D because seniority is often used as a valid defense against a disparate-impact claim under Title VII. The other options, including practices, procedures, and tests, are commonly challenged as having a disparate impact on a protected group of people and are thus potentially discriminatory.

Question 20

Fact Pattern 28-2 (Questions 18-19 apply)
Beth,who has a disability,is an employee of Corporate Office Company (COC).After the installation of new doors on COC's building,Beth finds it nearly im?possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability.
-Refer to Fact Pattern 28-2. To succeed with a claim against COC under the Americans with Disabilities Act,Beth will have to show that

Accepted Answer

Beth will have to show that COC refused to make reasonable accommodation for her disability, specifically with regards to the new doors that were installed.

Quiz 28: Discrimination and Labor Law