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Exam 16: Employment Discrimination

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Question 31

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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) C) and D)
F) B) and D)

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Question 32

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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) C) and D)
F) A) and D)

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Question 33

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Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act.If Cady shows that Durable Goods acted with malice or reckless indifference,she may recover

The use of interviews and tests,and minimum educational requirements,to choose among a large number of applicants for job openings is prima facie employment discrimination.

The Americans with Disabilities Act defines disability to include a physical or mental impairment that causes "undue hardship."

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

Workers in the United States generally have less protection against sexual harassment in the workplace than workers in other countries.

Fitness Club employs only female staff to assist its female-only members in the club.Greg,a forty-one-year-old male,applies for a staff job,but is not hired.In his suit against the club under the Civil Rights Act,the club most likely has

Marv files a suit against the state of New Hampshire,alleging employment discrimination under the Age Discrimination in Employment Act.The state asks the court to dismiss the suit.The court is most likely to rule that

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

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

Affirmative action programs are often found to be unconstitutional because they deprive members of protected classes of equal protection.

Sexual harassment occurs when a pattern of sexually offensive conduct runs throughout a workplace and the employer takes no steps to prevent it.

Under the Equal Pay Act,an employer can legitimately pay different wages to male and female employees on the basis of

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc. ,where she is an employee.As a result,the employer demotes her.Beth can file

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

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

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

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

An employer may be able to avoid liability for sexual harassment by taking prompt remedial action.