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Resort Company replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is


A) deserving of higher pay than the individual who replaced her.
B) generally more dependable than the individual who replaced her.
C) older than the person who replaced her.
D) qualified for the position.

E) B) and C)
F) A) and D)

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Disparate-impact discrimination occurs when a protected class is adversely affected by the practice or procedure of an employer who intended that result.

A) True
B) False

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Under the Age Discrimination in Employment Act, if an employer offers a legitimate reason for its action, an employee's case is held to be a pretext.

A) True
B) False

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Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that


A) he is a member of a protected class.
B) the employer has no legal defenses against the claim.
C) discriminatory intent motivated the employer's act.
D) no other firm in the industry has committed a discriminatory act.

E) A) and C)
F) All of the above

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Jon, a paraplegic, applies for a broadcaster's job with a radio station. The manager says, "You meet all our requirements. But we need someone who can move around the studio without accommodation." Most likely, Jon could recover from the station under


A) no federal law.
B) Title VII of the Civil Rights Act.
C) the Age Discrimination in Employment Act.
D) the Americans with Disabilities Act.

E) B) and D)
F) None of the above

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An employer can avoid liability under Title VII by showing that the employer's standards for hiring and promoting have a substantial, demonstrable relationship to realistic qualifications for the job at issue.

A) True
B) False

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When Title VII applies to an employer, any employee-including an undocumented worker-can bring an action for employment discrimination.

A) True
B) False

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Under the Americans with Disabilities Act, employers must accommodate the needs of persons with disabilities, even if doing so causes undue hardship.

A) True
B) False

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Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely


A) a constructive discharge.
B) employer retaliation.
C) a voluntary quit.
D) none of the choices.

E) All of the above
F) C) and D)

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Mena, a female, and Neil, a male, are employees of Operation Business Corporation. Mena regularly e-mails sexually explicit images to Neal via Operation's network. Neil finds this offensive. This is most likely


A) hostile work environment harassment.
B) none of the choices.
C) quid pro quo harassment.
D) a constructive discharge.

E) A) and B)
F) B) and D)

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Bib replaces Chloe in her job at Data Sales Corporation. To succeed with an age-discrimination claim against Data, Chloe will have to show that


A) Bib is not qualified for the job.
B) Chloe is qualified for the job.
C) the employer's qualifications for the job are too high.
D) no one could do the job as well as Chloe could.

E) None of the above
F) B) and C)

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A state does not have the inherent power to ban affirmative action within that state.

A) True
B) False

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Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is


A) a constructive discharge.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

E) All of the above
F) A) and D)

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Giso applies for a job with Hobby Company. The employer does not hire him because of his ethnicity, or national origin. This is


A) a constructive discharge.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

E) A) and C)
F) All of the above

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Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is


A) only Ivy.
B) Ivy, Jerold, and Kim.
C) none of the choices.
D) only Ivy and Kim.

E) All of the above
F) B) and C)

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Normally, an employer is liable for a supervisor's sexual harassment only if the supervisor took a tangible employment action against an employee.

A) True
B) False

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Gil and Hera are employees of IT Solutions Inc. Under the Equal Pay Act, IT Solutions can legitimately pay different wages to male and female employees on the basis of


A) merit.
B) marital status.
C) similar work at the same facility.
D) gender.

E) A) and B)
F) B) and D)

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The Age Discrimination in Employment Act prohibits employment discrimination on the basis of age against individuals up to forty years of age.

A) True
B) False

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Compliance with Title VII of the Civil Rights Act is monitored by


A) protected classes.
B) businesses affected by interstate commerce.
C) state and local governing agencies.
D) the Equal Employment Opportunity Commission.

E) A) and B)
F) B) and D)

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Vim applies for a job at Welding Inc. She passes a test to determine which applicants are eligible for hiring, but Welding discards the results, and Vim is rejected. To successfully defend against a claim for discrimination under Title VII of the Civil Rights Act, the employer must show that


A) the practice in question was justified.
B) the employer feared it would be sued if it used the test results.
C) any discriminatory effect was unintended.
D) statistically the practice in question is discriminatory in effect.

E) All of the above
F) None of the above

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