Question 1

Which of the following is true regarding the European Union's discrimination protection?

Accepted Answer

EU statutory law explicitly prohibits sex discrimination.

Question 2

Sneaky opened a new dress shop catering to college aged students.Sneaky advertised for sales associates but would only hire applicants who had been trained in computer skills in high school.Terry,age 50,was denied employment on the basis that although highly skilled in computer usage,Terry obtained training after high school.Computer training was not available in Terry's high school nor was it typically available in high schools during that time period.Terry sued for age discrimination.Sneaky denied liability,pointing out that the advertisement only referred to computer training.It in no way referenced an age requirement.Sneaky claimed that the fact that all current associates were younger was simply a coincidence.Which of the following is true regarding Terry's claim?

Accepted Answer

Terry should win under a disparate impact theory if able to show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act. Even though the advertisement did not reference an age requirement, the fact that computer training was only available after high school during Terry's time is likely to have a disparate impact on older individuals who did not have access to such training during their high school years. If Terry can show this, then Sneaky would be liable for age discrimination under the disparate impact theory.

Question 3

Which of the following would NOT be considered an adverse employment action?

Accepted Answer

Negative but accurate job evaluations, while potentially harmful to an employee's career, are not considered an adverse employment action as long as they are based on legitimate job-related reasons and made in good faith. Adverse employment actions include actions that have a material impact on an employee's job, such as demotions, termination, and harmful transfers. Requiring an employee to work without a lunch break and soliciting coworkers' negative comments about an employee can also be considered adverse employment actions.

Question 4

Leave under the Family and Medical Leave Act is:

Accepted Answer

Under the Family and Medical Leave Act, employees are entitled to up to 12 weeks of unpaid leave for certain medical and family situations. While some employers choose to provide paid leave, it is not required under the law. Therefore, option B is the best choice as it accurately reflects the unpaid nature of the leave. The other options suggest varying amounts of paid leave under the law, which is incorrect.

Question 5

______includes demotions,reductions in pay,or other actions that affect an employee's status in a tangible manner.

Accepted Answer

Adverse employment action includes demotions, reductions in pay or other actions that affect an employee's status in a tangible manner. Accommodation refers to making changes to a job or workplace to allow an individual to perform the essential duties of their job. Quid pro quo discrimination is a form of sexual harassment where an individual is asked to perform sexual favors in exchange for workplace benefits. Notice of right to sue is a document that informs an individual of their right to file a lawsuit against their employer for discrimination or harassment.

Question 6

In CASE 13.1 Equal Employment Opportunity Commission v.R.G.and G.R.Harris Funeral Homes,Inc.(2016),the EEOC sued Funeral Homes on the basis of sex stereotyping after Funeral Homes fired a worker for coming to work in a skirt and jacket,considered female business attire,rather than pants and jacket.How did the court rule?

Accepted Answer

The court ruled in favor of Funeral Homes, agreeing that applying Title VII in this manner would force the Funeral Homes to violate the sincerely held religious beliefs of its owner, under the federal Religious Freedom Restoration Act (RFRA).

Question 7

Taina,a female manager at ABC Company,was surprised to learn that one of her male employees had accused her of sexual harassment.Taina denied all charges.After a long and expensive battle in court,the jury ruled in favor of ABC Company on all charges.A few days after the trial,Taina's supervisor fired her for no apparent reason.Taina obtained evidence in the form of interoffice memos that she was fired because of the charges brought against her.Taina thought that was unfair because she was completely vindicated by the jury.Are any remedies available to her under Title VII?

Accepted Answer

The situation that Taina faced is a classic example of retaliation, which is prohibited under Title VII. Taina was fired because she was accused of sexual harassment, an act protected under Title VII. Furthermore, the fact that Taina presented evidence in the form of interoffice memos makes her case of retaliation even stronger. At least one court has ruled that Taina has a cause of action under Title VII based upon retaliation. Therefore, Taina can sue her employer for retaliation based on her firing.

Question 8

Discuss in detail the response of the EEOC in regard to the protection from discrimination of temporary workers supplied by an employment agency along with remedies available to temporary employees suffering discrimination.

Accepted Answer

The answer of Discuss in detail the response of the...

Question 9

Explain the provisions of affirmative action and how it relates to Title VII.

Accepted Answer

The answer of Explain the provisions of affirmative action and...

Question 10

An impairment is a disability under the ADA only if it__________ an individual's ability to perform __________ as compared with most people in the general population.

Accepted Answer

According to the ADA, an impairment is considered a disability only if it substantially limits an individual's ability to perform a major life activity, such as walking, hearing, seeing, speaking, breathing, learning, or working, as compared with most people in the general population. It does not have to completely prohibit or exclude the individual from the activity, but it must have a significant impact on their ability to perform it. Choice A and B are incorrect because they use absolute terms that do not reflect the nuanced language of the ADA. Choice D is incorrect because it is too broad and does not reflect the specific criteria outlined by the ADA for what constitutes a disability.

Question 11

Under the EEOC,gender will qualify as a BFOQ where a gender-based restriction is based on:

Accepted Answer

The Equal Employment Opportunity Commission (EEOC) allows gender to qualify as a Bona Fide Occupational Qualification (BFOQ) in very limited circumstances, such as when the job requires privacy considerations that necessitate the employee be of a specific gender. This does not extend to assumptions, stereotypes, or restrictions not directly related to the job's essential requirements.

Question 12

List the categories of individuals classified as disabled under the Americans with Disabilities Act.

Accepted Answer

The answer of List the categories of individuals classified as...

Question 13

Which of the following is true regarding Japan's discrimination protection?

Accepted Answer

Article 14 of the Japanese Constitution provides explicit protection against discrimination on the basis of race, creed, sex, social status, or family origin. Although Japan ranks high on the Global Gender Gap Index, the country still faces issues of discrimination and unequal treatment towards women in certain areas. While there are some laws regarding discrimination based on race or national origin, they are not as extensive as those regarding sex discrimination.

Question 14

Under the Family and Medical Leave Act,eligible employees are entitled to _____ weeks of leave per year.

Accepted Answer

Eligible employees are entitled to 12 weeks of leave per year under the FMLA.

Question 15

Ray is starting a new security service and retains Kai as legal counsel.Ray plans to prohibit all acts of discrimination and harassment but cannot be all places at all times.Ray asks Kai what can be done to limit Ray's liability.What should Kai tell Ray?

Accepted Answer

Kai should advise Ray to institute a policy that provides employees with an offer to correct any offensive conduct and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help Ray avoid liability. This policy is known as a "corrective action" policy and can minimize Ray's liability if an employee complains about harassment or discrimination. The policy should clearly establish guidelines for reporting offensive behavior, investigation procedures, and remedial measures that will be taken if an incident is substantiated.

Question 16

Executive Order 11246 requires that federal contractors include an agreement _____ in every nonexempt government contract.

Accepted Answer

Executive Order 11246 requires federal contractors to include an affirmative action clause in every nonexempt government contract, which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. The order does not require hiring a certain quota of minorities or performing audits of discriminatory practices.

Question 17

The major provisions of the ADEA prohibit discrimination in employment on the basis of:

Accepted Answer

The ADEA, or Age Discrimination in Employment Act, specifically prohibits discrimination in employment on the basis of age. It does not cover disability, gender, or race (which are covered under other federal anti-discrimination laws).

Question 18

In quid pro quo sexual harassment cases and hostile environment cases,the employer is always vicariously liable under the __________ standard when a supervisor takes a tangible employment action against a subordinate.

Accepted Answer

In quid pro quo sexual harassment cases and hostile environment cases where a supervisor takes a tangible employment action against a subordinate, the employer is vicariously liable under the "aided-by-the-agency-relation" standard. This standard recognizes the power dynamic and authority a supervisor has over a subordinate, which can facilitate the harassment.

Question 19

Neel is a cashier at Super Store.Saturday is the store's busiest day.Neel tells the supervisor Sammy that every Saturday is the religious holiday for the religion to which Neel has recently converted,and Neel will need to be off on Saturday to observe it.What are Sammy's obligations to Neel?

Accepted Answer

Under Title VII of the Civil Rights Act, employers are obligated to make reasonable accommodations for their employees' religious practices unless doing so would cause undue hardship on the business. Neel has recently converted to a new religion and is requesting time off on the busiest day of the week to observe a religious holiday. Neel's request for time off is likely a reasonable accommodation, and it would be up to Sammy to evaluate whether granting the time off would cause undue hardship for the business on that day. Option A is incorrect because an employer is not required to prove whether an employee's religious beliefs are genuine or being used as an excuse. Option B is incorrect because an employer must make reasonable accommodations for an employee's religious practices, even if it happens to be on the busiest day of the week. Option C is incorrect because an employer must make reasonable accommodations for an employee's religious practices, but it is not necessary for the employee to establish that they will be doomed by not attending worship services regularly.

Question 20

GINA prohibits employers with at least 15 employees from using _____ to make decisions about hiring,firing,or compensation.

Accepted Answer

GINA (Genetic Information Nondiscrimination Act) prohibits employers from using genetic information to make decisions about hiring, firing, or compensation.

Quiz 13: Civil Rights and Employment Discrimination