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Exam 21: Employment Discrimination

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Question 31

True/False

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A business necessity is a defense against employment discrimination based on the genuine requirements of a business.

A) True
B) False

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Question 32

Multiple Choice

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Gino 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 B)
F) A) and C)

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Question 33

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Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claim under Title VII and other federal discrimination laws.

Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is

Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries

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.

An employer cannot classify jobs as male or female but can refuse to promote employees based on their gender.

Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference.

Title VII of the Civil Rights Act applies to employers and labor unions with at least

The Americans with Disabilities Act applies to workplaces with at least

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

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of

The Age Discrimination in Employment Act extends to federal government employees but state employers are usually immune from age-based claims.

Many states have their own laws that protect employees against discrimination, but none provide more protection to employees than federal laws.

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

Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

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

A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination, and will win in the absence of a legally acceptable employer defense.

The Equal Pay Act requires equal pay for male and female employees working at the same establishment, regardless of the work they do.