Question 1

Conrad and Delilah are employees of AgriBio Feed & Seed Corporation.Under the Equal Pay Act of 1963,AgriBio can legitimately pay different wages on the basis of

Accepted Answer

The Equal Pay Act of 1963 allows for wage differences based on seniority, merit, quantity or quality of production, or any factor other than gender.

Question 2

Fact Pattern 35-1A (Questions A5-A6 apply)
Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well quali?fied.He passes a test to determine which applicants are eligible for hiring,but the employer discards the results,and Erasmus is rejected.Drain-Pro continues to seek applicants.
-Refer to Fact Pattern 35-1A.To successfully defend itself against Erasmus's suit,Drain-Pro must articulate

Accepted Answer

To successfully defend itself against Erasmus's suit, Drain-Pro must articulate a legitimate, nondiscriminatory reason for its action. This means that Drain-Pro must have a valid reason for discarding the test results and rejecting Erasmus, such as finding a candidate with more experience or qualifications.

Question 3

Eton files a suit in a federal district court against Florida,alleging em?ployment discrimina?tion under the Age Discrimination in Employment Act of 1967.The state asks the court to dismiss the suit.The court is most likely to rule that

Accepted Answer

The state is immune from the suit under the doctrine of sovereign immunity, which protects states from being sued in federal court without their consent. While there are exceptions to the doctrine, such as when a state waives its immunity or Congress abrogates it, neither applies in this case. Therefore, the court is likely to dismiss the suit against Florida.

Question 4

Greta is the only female employee in the maintenance department of Hydro 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 situation meets the definition of constructive discharge, which occurs when an employer makes working conditions so intolerable that a reasonable person would be forced to resign. In this case, the teasing and tricks from her supervisor and co-workers create a hostile work environment based on Greta's gender, which is a form of discrimination. Therefore, this is a constructive discharge on the basis of gender discrimination.

Question 5

Paolo has cerebral palsy,Quincy has kleptomania,and both work for Reality Insurance Company.Considered disabled under the Americans with Disabilities Act

Accepted Answer

The Americans with Disabilities Act (ADA) considers cerebral palsy a disability, but kleptomania is specifically excluded from being considered a disability under the ADA.

Question 6

Dakota believes that Credit Services Corporation (CSC)has dis?crimi?nated against her on the basis of gender.She files a suit against CSC under the Civil Rights Act of 1964.To es?tablish a prima facie case of em?ployment discrimi?nation,Dakota must show that

Accepted Answer

To establish a prima facie case of employment discrimination under the Civil Rights Act of 1964, the plaintiff must show that she is a member of a protected class, such as gender, race, or religion. So, Dakota should show that she is a female, and CSC is discriminating her based on her gender. Other options are not relevant to the establishment of a prima facie case.

Question 7

United Company replaces Vera,a forty-five-year-old employee,with Wendy.Vera files a suit against United under the Age Discrimination in Employment Act of 1967.To establish a prima facie case,Vera must show,among other things,that she is

Accepted Answer

The answer of United Company replaces Vera,a forty-five-year-old employee,with Wendy.Vera...

Question 8

Mona files an employment discrimination suit against Nationwide Distribution Corporation (NDC)under the Civil Rights Act of 1964.If Mona shows that NDC acted with malice or reckless indifference,she may recover

Accepted Answer

Under the Civil Rights Act of 1964, there are caps on the amount of compensatory and punitive damages that can be awarded in employment discrimination cases, depending on the size of the employer.

Question 9

Fix-It Repair Shop does not take any action to prevent sexual harass?ment of its employees.Fix-It Repair may be liable for such harassment by

Accepted Answer

Fix-It Repair Shop may be liable for sexual harassment by a customer or a co-worker, as they have an obligation to provide a safe and harassment-free workplace for their employees. However, they may not be liable for harassment by an employee's previous employer or spouse as those individuals do not fall under the scope of Fix-It Repair's responsibility as an employer.

Question 10

Ruth is a supervisor for Subs & Suds,a restaurant.Tim is a Subs em?ployee.The owner announces that some em?ployees will be discharged.Ruth tells Tim that if he has sex with her,he can keep his job.This is

Accepted Answer

This is an example of quid pro quo harassment, where a supervisor offers some job benefit (in this case, job security) in exchange for sexual favors. It is a form of sexual harassment and is illegal in the workplace.

Question 11

Fact Pattern 35-1A (Questions A5-A6 apply)
Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well quali?fied.He passes a test to determine which applicants are eligible for hiring,but the employer discards the results,and Erasmus is rejected.Drain-Pro continues to seek applicants.
-Refer to Fact Pattern 35-1A.Erasmus files a suit against Drain-Pro un?der the Civil Rights Act of 1964,claiming reverse discrimination.To support this claim,Erasmus must show that he is a member of

Accepted Answer

The answer of Fact Pattern 35-1A (Questions A5-A6 apply)
Erasmus applies...

Question 12

Cora,a female,and Dom,a male,are employees of Equipment Leasing Corporation.Cora regularly e-mails sexually explicit images to Dom via Equipment Leasing's computer network.Dom finds this offensive.This is

Accepted Answer

Cora's sending of sexually explicit images to Dom via Equipment Leasing Corporation's computer network could create a hostile work environment for him, making this an example of hostile-environment harassment.

Question 13

Pikabo files an employment discrimination suit against Quantitative Analysis,Inc.,under the Civil Rights Act of 1964,based on its discharge of Pikabo.Possible relief includes

Accepted Answer

The best choice is reinstatement, as this would provide Pikabo with the opportunity to return to her position at Quantitative Analysis, Inc. and potentially receive the compensation and benefits she would have earned had she not been wrongfully discharged. Imprisonment, fines, and a shutdown order are not applicable remedies in an employment discrimination suit.

Question 14

Fact Pattern 35-2A (Questions A17-A18 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 35-2A.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 by not addressing the difficulty she faced with the new doors.

Question 15

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws.These laws re?strict the ability of employers to discriminate against workers on the basis of

Accepted Answer

The federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of various categories including gender, race, national origin, religion, age, and disability. Experience, intelligence, and skill are not protected categories under these laws.

Question 16

Jason and Katrina work on the loading dock for Longhaul Transport Company.Jason has a disability.Katrina has seniority.Jason asks for a transfer,which would represent an accommodation for his disability.Longhaul gives the transfer to Katrina on the basis of her seniority.Jason files a suit against Longhaul for discrimination on the basis of his disability.The court is most likely to rule that

Accepted Answer

The answer of Jason and Katrina work on the loading...

Question 17

Olivia applies for a job with Petro Company.Petro does not hire Olivia because of her ethnicity,or national origin.This is

Accepted Answer

This is a clear case of disparate-treatment discrimination, where Olivia was treated differently based on her ethnicity or national origin.

Question 18

Vincenzo is a pilot for Wayfarer Airlines.Wayfarer's policy is to restrict Vincenzo and its other pilots from flight responsibilities after a certain age.This is most likely

Accepted Answer

This is a legitimate bona fide occupational qualification because safety concerns are a legitimate reason for an employer to restrict employees over a certain age from certain job responsibilities, especially in industries like aviation.

Question 19

Fact Pattern 35-2A (Questions A17-A18 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 35-2A.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 to the company.

Question 20

Nina is a Jew and Odell is a college student.Based on this information,members of protected classes include

Accepted Answer

Nina is a member of a protected class because she is a Jew. Odell is not a member of a protected class because being a college student is not a protected characteristic.

Quiz 35: Employment Discrimination