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80 Cards in this Set

  • Front
  • Back
An employer’s discrimination against job applicants or employees on certain bases may violate both federal and state laws
true
An employer with fewer than fifteen employees is automatically shielded from federal employment discrimination laws.
false
The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of experience.
true
All employers in the United States are subject to federal employment discrimination laws.
false
A victim of alleged discrimination must bring a suit against an employer before filing a claim with the Equal Employment Opportunity Commission
false
To establish a prima facie case of discrimina¬tion under Title VII, a plain¬tiff must show that discriminatory intent motivated an em¬ployer’s decision.
false
To bring an action against an employer based on intentional dis¬crimina¬tion, a person must show that he or she is a mem¬ber of a protected class.
true
Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination.
false
Job requirements that relate to job performance cannot violate employment discrimination laws.
false
Disparate-impact discrimination occurs when an employer intention¬ally discrim¬inates against an employee who is a member of a protected class.
false
A small difference in job content can justify higher pay for one gender.
false
Under the Equal Pay Act of 1963, all of the women on an employer’s staff must be paid the same as all of the men.
false
If an employee can prove discrimination in the formation or enforcement of an employment contract, he or she may obtain a larger damages award.
true
An employer is not liable for the sexual harassment of an employee by the employee’s supervisor.
false
Gender can be a determining factor in an employer’s decision to hire, fire, or promote an employee.
false
It is not unlawful for an employer to retaliate against an employee who has opposed a discriminatory employment practice.
false
An employer is not liable for the sexual harassment of an employee by a co-worker who is not the employee’s supervisor.
false
An employer can be liable for an employee’s sexual harassment of a member of the same gender.
true
Title VII does not cover employees’ online activities.
false
Compensatory damages are only available for victims of in¬tentional employment dis¬crimination.
false
Damages are available for victims of in¬tentional employment dis¬crimi¬nation based on gender, religion, age, or disability.
true
The Age Discrimination in Employment Act of 1967 prohibits employ¬ment discrimi¬nation on the basis of age against persons over twenty-one years old.
false
Many of the same remedies available under Title VII are available under the Americans with Disabilities Act of 1990.
true
An employer must hire a dis¬abled applicant even if he or she lacks neces¬sary job qualifications
false
The Americans with Disabilities Act of 1990 defines disabled persons as persons impaired mentally or physically “in any way.”
false
To establish a prima facie case of discrimina¬tion under the Americans with Disabilities Act of 1990, a plaintiff must show that dis¬criminatory in¬tent motivated an employer’s decision.
false
Under the Americans with Disabilities Act of 1990, disabled employees are entitled to “reasonable accommodation.”
true
Under the Americans with Disabilities Act of 1990, a person with a physi¬cal impairment that “substantially limits” everyday activities is disabled.
true
Under the Americans with Disabilities Act of 1990, disabled job appli¬cants are not entitled to “reasonable accommodation.”
false
Under the Americans with Disabilities Act of 1990, a person with a men¬tal impairment that “substantially limits” everyday activities is not disabled.
false
An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.
true
Terminating an employee who uses drugs violates the Americans with Disabilities Act of 1990.
false
A good business reason for a practice that has a discriminatory effect may permit an employer to avoid liability for discrimination.
true
An em¬ployer who hires and fires workers ac¬cording to a fair seniority sys¬tem may have a good defense to an employment discrimination suit.
true
Race can be a bona fide occupational qualification
false
An employer who discovers an employee’s misconduct after discharging the employee may have a good defense to an employment discrimination suit.
false
Under current law, an employer cannot adopt an affirmative action plan
false
Under current law, an employer cannot adopt an affirmative action plan.
false
After-acquired evidence of an employee’s wrongdoing can shield an employer entirely from liability for employment discrimination.
false
At least one court has held that an affirmative action program violated the U.S. Constitution.
true
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
this does not violate the law of the country in which Jake works.
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
the Equal Employment Opportunities Commission
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
Title VII of the Civil Rights Act of 1964.
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
disparate-impact discrimination
Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include
Lee only.
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
qualified women in the local labor market
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
Cody is a member of a protected class.
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
reverse discrimination
Olly applies for a job with Petro Company. Petro does not hire Olly because of his ethnicity, or national origin. This is
disparate-treatment discrimination
Gail is an employee of Home Appliances, Inc., but is un¬able to perform her job because of her pregnancy. Gail is
entitled to disability leave only if Home treats other temporarily dis-abled employees similarly.
Refer to Fact Pattern 21-1A. Fay files a suit against GCC under Title VII. To succeed, Fay must show that Hank’s statement was
only a pretext for Fay’s dis¬charge.
Refer to Fact Pattern 21-1A. To successfully defend itself in Fay’s suit, GCC must show that Hank’s statement was
a legitimate, nondiscriminatory reason for Fay’s discharge.
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
not discrimination
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
quid pro quo harassment
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
Lloyd’s greater production or seniority
Refer to Fact Pattern 21-1B. Kit’s conduct is most likely a violation of
Title VII of the Civil Rights Act.
Refer to Fact Pattern 21-1B. Liability for Kit’s conduct most likely rests with
Long-Term Care, which should have known, and Kit, who acted.
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
a constructive discharge on the basis of gender discrimination.
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
a customer or an employee.
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
Marie followed them.
Kyla is a salesperson for Liberty Financial Corporation. Micky is also a Liberty salesperson. Neil is Kyla and Micky’s supervisor. Owen is a Liberty customer. Liberty may be li¬able for sexual harassment to Kyla by
Micky, Neil, or Owen.
Mold & Dye Corporation is a private employer in¬volved in a Title VII employment discrimination suit. Punitive damages may be recovered against Mold & Dye only if the employer
acted with malice or reckless indifference
Cora, a female, and Dom, a male, are employees of Equipment Leasing Corporation. Cora regularly e-mails sexually explicit images to Dom via Equipment Leasing’s computer network. Dom finds this offensive. This is
hostile-environment harassment
Svetlana, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on
age.
Mona files an employment discrimination suit against Nationwide Corporation (NC) under Title VII. If Mona shows that NC acted with malice or reckless indifference, she may recover
compensatory or punitive damages.
Refer to Fact Pattern 21-2B. Manny believes that he has been discriminated against on the basis of his age. For the Age Dis¬crimination in Employment Act of 1967 to apply
Manny must be forty years of age or older.
Refer to Fact Pattern 21-2B. To succeed with an age-discrimination claim against CBC, Manny will have to show that
Manny is qualified for his job
Piku files an employment discrimination suit against Quotient Accounting, Inc., under Title VII, based on its discharge of Piku. In these circum¬stances, possible relief under Title VII includes
damages or job reinstatement
United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files a suit against United under the Age Discrimination in Employment Act. To establish a prima facie case, Vera must show, among other things, that she is
qualified for the position.
Dan has AIDS, Eve is blind, and both work for First National Bank. Con-sidered disabled under the Americans with Disabilities Act
are Dan and Eve.
Hi-Flite Corporation requires its pilots to have 20/20 vision without glasses. Neither Inez, an African-American female, nor Jock, a fifty-year-old male, can satisfy this requirement. Relief under the Americans with Disabilities Act is available to
neither Inez nor Jock.
Dick is easily embarrassed, Elin is easily sunburned, and both work for First City Bank. Considered disabled under the Americans with Disabilities Act
is neither Dick nor Elin.
Refer to Fact Pattern 21-2A. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that
COC refused to make reasonable accommodation for Beth.
Refer to Fact Pattern 21-2A. To successfully defend against Beth’s claim, COC will have to show that
COC cannot make changes to the doors without undue hardship.
Paolo has cerebral palsy, Quincy has kleptomania, and both work for Reality Insurance Company. Considered disabled under the Americans with Disabilities Act
is Paolo only.
Flynn is an alcoholic. Gert is morbidly obese. Both work for Helpful Credit Company. Considered disabled under the Americans with Disabilities Act
are Flynn and Gert.
Sophisticates, a women’s clothing store, employs female attendants to as¬sist customers in the dressing rooms. Tod, a forty-one-year-old male, ap¬plies for an atten¬dant’s job, but is not hired. In Tod’s suit against Sophisticates for em-ployment discrimination under Title VII, the store has
a bona fide occupational qualification defense
Machine Corporation requires its employees to have a high school diploma, claiming a definite connection between a high school edu¬ca¬tion and job performance. In a suit against Machine Corporation under Title VII, this requirement is shown to have a discriminatory effect. The employer has
a business necessity defense.
Eton sues Funds Investment Company for employment discrimina¬tion under a state law. When compared to federal law, state law may provide
more damages.
Chris sues Delta, Inc., for employment discrimina¬tion under a state law. When compared to federal law, state law may apply to firms with
fewer employees