Question 1

Gail is an employee of Home Appliances, Inc., but is un?able to perform her job because of her pregnancy. Gail is

Accepted Answer

Gail may be entitled to disability leave under the Pregnancy Discrimination Act, which prohibits discrimination against pregnant employees. However, the exact terms of the disability leave may depend on how Home Appliances, Inc. treats other temporarily disabled employees. If the company provides similar leave to employees with other conditions that prevent them from working, Gail may be entitled to the same amount of leave.

Question 2

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

Accepted Answer

Disparate-treatment discrimination occurs when someone is treated differently based on their race, ethnicity, or national origin. This is exactly what happened to Olly when Petro Company did not hire him because of his ethnicity, making option C the correct answer. Option A is not a recognized form of discrimination, and option B refers to a situation where a policy or practice unintentionally has a negative impact on a protected group. Option D is also incorrect since not hiring someone based on their ethnicity is illegal discrimination.

Question 3

United Industrial Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is

Accepted Answer

This is an example of reverse discrimination, where preferential treatment is given to members of protected classes, resulting in discrimination against members of the majority. This is not a bona fide occupational practice or business necessity, nor does it involve constructive discharge.

Question 4

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

Accepted Answer

Fix-It Repair may be liable for sexual harassment by both customers and employees if it fails to take reasonable steps to prevent and address harassment in the workplace. Title VII of the Civil Rights Act of 1964, which prohibits harassment on the basis of sex, requires employers to have policies in place to prevent and address harassment, and to take prompt and appropriate action if harassment does occur. If Fix-It Repair does not fulfill these obligations, it can be held liable for sexual harassment by both customers and employees.

Question 5

Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. Among these, the most important statute prohibiting discrimination against members of protected classes is

Accepted Answer

Title VII of the Civil Rights Act of 1964 is the most important statute prohibiting employment discrimination against members of protected classes, including race, color, religion, sex, and national origin. While the other laws listed also protect against discrimination in specific areas, such as age or disability, Title VII is the broadest and most comprehensive anti-discrimination law. Therefore, it is the most important statute for Personnel Staffing Corporation to adhere to in order to avoid violating federal employment discrimination laws.

Question 6

Lloyd and Milly are employees of NuTech Corporation. They have the same job. Under the Equal Pay Act, NuTech can legitimately pay Lloyd more than Milly on the basis of

Accepted Answer

The Equal Pay Act allows for differences in pay based on factors such as production or seniority. Therefore, NuTech can legitimately pay Lloyd more than Milly if he has greater production or seniority.

Question 7

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

When a hiring practice, such as an employment test, has a discriminatory effect on members of a protected class, it is known as disparate-impact discrimination. This is different from disparate-treatment discrimination, which involves intentional discrimination, and desperate-measure discrimination, which is not a recognized form of discrimination. Therefore, option B is the correct answer.

Question 8

Fact Pattern 34-1B 
Kit, manager of Long-Term Care Company's office in Metro City, de?cides to replace the office's male employees with females. Nia, an assis?tant manager transferred from a different Long-Term Care office, refuses to cooperate. Kit retali?ates against Nia, who quits. Within a year, the male employees also quit.
-Refer to Fact Pattern 34-1B. Liability for Kit's conduct most likely rests with

Accepted Answer

Kit's decision to replace male employees with females is a violation of Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. Long-Term Care may be held liable for Kit's conduct because they should have known about the discriminatory actions and taken steps to prevent it. Kit is also liable for retaliating against Nia, who refused to cooperate with the discriminatory actions. The male employees may have a case for discrimination as well, but their decision to quit does not absolve Long-Term Care or Kit of liability. Therefore, the best choice is B.

Question 9

Fact Pattern 34-1A 
Fay works for General Construction Contractors but is the only woman on her shift. The male workers often play minor pranks on each other. Fay at?tempts a prank. Hank, her supervisor, fires her, because "GCC doesn't hold with pranks."
-Refer to Fact Pattern 34-1A. Fay files a suit against GCC under Title VII. To succeed, Fay must show that Hank's statement was

Accepted Answer

Fay must show that Hank's statement about pranks being a reason for her discharge was only a pretext for discrimination based on her gender as the only woman on the shift. This means that Hank used a fake reason to cover up his discriminatory intent.

Question 10

Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with this statute is monitored by

Accepted Answer

Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, and national origin. The Equal Employment Opportunities Commission (EEOC) is responsible for enforcing this law by investigating claims of discrimination and pursuing legal action against employers who violate the law. Therefore, the correct answer is D - the EEOC.

Question 11

Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include

Accepted Answer

The answer of Lee is seventy years old and Mira...

Question 12

Rona is Stu's administrative assistant and both work for TriCounty Labor Inc. Stu tells Rona that for sexual favors, he will give her an excellent performance review and recommend a raise. This is

Accepted Answer

This is a classic example of quid pro quo harassment, where Stu is demanding sexual favors in exchange for employment benefits like a good performance review and a raise.

Question 13

Fact Pattern 34-1B 
Kit, manager of Long-Term Care Company's office in Metro City, de?cides to replace the office's male employees with females. Nia, an assis?tant manager transferred from a different Long-Term Care office, refuses to cooperate. Kit retali?ates against Nia, who quits. Within a year, the male employees also quit.
-Refer to Fact Pattern 34-1B. Kit's conduct is most likely a violation of

Accepted Answer

Kit's conduct is most likely a violation of Title VII of the Civil Rights Act, which prohibits employment discrimination based on gender. By intentionally replacing male employees with female ones, Kit engaged in gender-based discrimination. Retaliating against Nia for refusing to cooperate with this discriminatory practice also constitutes a violation. The fact that the male employees later quit further supports the claim that discrimination took place.

Question 14

Fact Pattern 34-1A 
Fay works for General Construction Contractors but is the only woman on her shift. The male workers often play minor pranks on each other. Fay at?tempts a prank. Hank, her supervisor, fires her, because "GCC doesn't hold with pranks."
-Refer to Fact Pattern 34-1A. To successfully defend itself in Fay's suit, GCC must show that Hank's statement was

Accepted Answer

GCC must show that Hank's statement about not approving of pranks was a legitimate, nondiscriminatory reason for Fay's discharge. This means that GCC must prove that it was not because she was a woman, but because of the company's policy against pranks. If GCC can prove this, they can successfully defend against Fay's suit.

Question 15

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

Cody must show that he is a member of a protected class to establish a prima facie case of employment discrimination under Title VII.

Question 16

Riki files an employment, gender-based discrimination suit against Superior Corporation under Title VII, on a disparate-impact theory. To succeed, Riki must show that Superior hires fewer women than the per?centage of

Accepted Answer

To succeed in a disparate-impact employment discrimination based on gender under Title VII, Riki must show that Superior Corporation hires fewer women than the percentage of qualified women in the local labor market. The local labor market is the relevant labor pool generally available to the employer and may include a variety of sources, such as local employment agencies, classified ads, and word of mouth. Therefore, A is the best choice.

Question 17

Marie, an employee of Nickel Tool Company, files a sexual-harassment suit against Owen, her supervisor. Marie wins. Nickel may also be liable if it had effective harassment policies and complaint procedures, and

Accepted Answer

Even if Marie followed the harassment policies and complaint procedures, Nickel Tool Company may still be liable for Owen's actions. This is because the company has a responsibility to prevent and address sexual harassment in the workplace, regardless of whether the victim ultimately chooses to file a complaint or not. If the company has effective policies and procedures in place, but fails to enforce them or take appropriate action when harassment is reported, it can still be held responsible for the supervisor's behavior. Therefore, if Marie followed the policies and procedures set forth by the company, and Nickel Tool Company failed to take appropriate action, they may still be held liable.

Question 18

Research Statistics Corporation uses a merit system to pay its employees according to their job performance. Suki, a female, and Troy, a male, are Research employees with comparable jobs. Due to superior performance, Suki is paid more than Troy. This is

Accepted Answer

The scenario describes how Suki is paid more than Troy due to her superior job performance. This is not discrimination, rather it is a result of the merit system employed by the company. There is no indication that Suki's higher pay is due to any discriminatory factors such as her gender, race or any other protected characteristic.

Question 19

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 being teased and tricked by her colleagues and supervisor is a form of harassment and discriminatory behavior based on her gender. The constant mistreatment has created a hostile work environment that has compelled Greta to quit. This is what is known as a constructive discharge, where an employee quits their job because the workplace has become intolerable due to discriminatory behavior. In this case, Greta has quit her job because of gender discrimination in the form of harassment. Therefore, the best choice is A.

Question 20

Jake is a U.S. citizen working abroad for Kettle Corporation, which is a U.S. firm. Jake is protected by U.S. employment discrimination laws only if

Accepted Answer

As Jake is working abroad for a U.S. firm, he may be protected by U.S. employment discrimination laws if it does not violate the law of the country in which he works. This means that if the country in which he works has its own employment discrimination laws, Jake may be covered by either the U.S. laws or the local laws, depending on which one provides him with greater protection. However, if complying with both sets of laws would result in a violation of one or the other, the employer would need to comply only with the laws of the country in which Jake works.

Quiz 34: Employment Discrimination