Chapter 24: Discrimination in Employment
1. Paying more money to those who work harder is unjustified discrimination.
2. Members of protected classes are often, but not always, minorities.
3. Justified discrimination is permitted.
4. Federal employment discrimination laws apply to all employers.
5. The U.S. Supreme Court will permit seniority to be used even when it perpetuates past discrimination.
6. Employers often assert business necessity or BFOQ as a reason for intentionally treating members of a
protected class differently from other employees.
7. In instances where a supervisor sexually harasses a subordinate, the employer is strictly liable.
8. If an employer has never discriminated before, the courts may mandate an affirmative action plan.
9. The Equal Pay Act prohibits wage discrimination on account of national origin.
10. The Equal Employment Opportunity Commission (EEOC) has the authority to investigate and conciliate
complaints of job discrimination but it cannot prosecute offenders.
11. For an employer’s action to be considered disparate treatment, it must be
A. gender related.
B. racial in nature.
12. When disparate treatment has occurred, the employer may use the defense of
A. business necessity.
B. bona fide occupational qualification.
13. The employer’s defense that the employee’s skills or work history was the reason for not hiring would be a
C. bona fide seniority system.
D. none of these.
14. The employer’s defense that the job requirement compels discrimination against a protected class would be
a
C. bona fide seniority system.
D. none of these.
15. What form of sexual harassment occurs when one thing is exchanged for another?
C. both a and b.
D. none of these.
16. The Equal Pay Act allows some differences in pay if they are based on
A. merit system.
B. seniority system.
17. The Age Discrimination in Employment Act forbids discrimination against workers
C. over 65.
D. under 65.
18. The Americans with Disabilities Act defines a qualified individual with a disability as
A. one who can perform the essential functions of the job.
B. one who can perform the essential functions of the job with a reasonable accommodation.
19. The Pregnancy Discrimination Act makes it illegal
A. to discriminate because of pregnancy-related medical conditions.
B. to discriminate because of pregnancy and childbirth.
20. In order to prove disparate impact, you first must establish
C. direct evidence.
D. indirect evidence.
21. Which of the following statements regarding employment discrimination is not true?
C. Physically or mentally challenged individuals are a protected class.
D. Reasonable accommodation is not required if it would produce an undue hardship for the employer.
22. Individuals seeking employment loading delivery trucks at the Affiliated Package Service (APS) warehouse
must be able to lift 100 pounds six times in eight minutes. APS believes being able to lift that amount of weight
in the time frame given simulates an applicant’s ability to load and unload trucks at its warehouse. Which of the
C. The qualification is a BFOQ.
D. both a and c
23. Employment discrimination of a protected class
A. means that an employer treats members of a protected class differently from others.
24. Brenda works as a technical support representative answering more service calls and providing better
quality service than her co-workers. Consequently, her employer pays her more than he does the other workers.
This situation is an example of
A. business necessity.
25. Hank operates a small residential retirement facility targeted to meet the needs of wealthy, elderly, white
females. Many of his residents are “uncomfortable” around males, particularly black males. So when hiring
nurses and aids, Hank will not interview or hire any male nurses, especially black male nurses, asserting his
hiring practices are a business necessity. Which of the following is correct?
C. The hiring practice is an example of justified discrimination.
D. both b and c.
26. Which of the following statements is not true?
C. Disparate treatment of protected classes is tolerated if a bona fide seniority system is used in paying or
promoting employees.
D. The U.S. Supreme Court will permit seniority to be used even when it perpetuates past discrimination.
27. Because Mike is the only male employee working at the science museum, he often is the victim or subject of
jokes from his female co-workers. Which of these terms best matches Mark’s situation?
A. causation
28. What federal agency was established to investigate, resolve, and prosecute job discrimination complaints?
A. ADA
B. EPA
29. Although Shanita’s education and experience level matched the job qualifications outlined in Software Inc.’s
advertisement for a software consultant, it did not hire her. As a member of a protected class, Shanita gathered
proof that Software Inc. held the job open for two more weeks and sought other persons with similar
qualifications. What can be said about this alleged disparate treatment?
C. Shanita lacked a BFOQ.
D. none of these
30. Which of the following is an example of unjustified employment discrimination?
C. business necessity
D. all of these
31. Most employers with ____________________ or more employees and engaged in interstate commerce are
subject to federal employment discrimination laws
32. The protected class based on race or color includes all persons who are not ____________________.
33. The Genetic Information Nondiscrimination Act of 2008 is intended to protect individuals from being
adversely affected when it comes to _______________ issues.
34. Sometimes an employer will assert businesses necessity as a cover or ____________________ for
discriminating.
35. The ____________________ defines a qualified individual with a disability as one who can perform the
essential functions of the job or who could perform those functions with a reasonable accommodation.
36. ____________________ treatment means that an employer intentionally treats members of a protected class
different from other employees.
37. A(n) ____________________ is a job requirement that compels discrimination against a protected class.
38. A(n) ____________________ arises when unwelcome sexual comments, gestures, or contact interfere with
an employee’s ability to work.
39. In instances where a(n) ____________________ sexually harasses a subordinate, the employer is strictly
liable.
40. The ____________________ pool consists of those qualified for a job.
41. After Veronica’s husband died, she enrolled in the community college and successfully completed course
work for an associate degree to become a legal secretary. Although she was the top student in her class
possessing outstanding computer skills and knowledge of the law, Veronica is nervous about employment
because she is 48 years old and has not worked outside her home for almost 20 years. After several unsuccessful
attempts at obtaining a legal secretarial job, one employer tells her that the legal profession is a high demand
occupation. It is necessary to their success to hire young people with experience. Although she has good
credentials, he cannot hire her because of her age and lack of experience. Has Veronica received disparate
treatment? Are there any laws designed to help her obtain employment?
Answers may vary. Because of her age and gender Veronica is a member of a “protected class.” Federal law
42. Sedrick’s school district posted a job vacancy for a qualified business teacher with travel industry
experience. Sedrick was not only a certified business teacher, but he also had owned and operated his own
travel agency for several years. He applied for the job, and the personnel administrator interviewed Sedrick.
Because the vacancy existed in a school in a predominantly Hispanic portion of the community, the
administrator rejected Sedrick stating that she felt Hispanic students could best learn from an Hispanic educator.
Further, the program was targeted to train young women for the travel and tourism industry. So, she continued
to keep the vacancy open and eventually hired Lucia Andrade. In addition to hiring Ms. Andrade for the posted
vacancy, the administrator paid for Lucia to receive training necessary to teach the program and provided her
with an additional $5,000 stipend. Did unjustified discrimination occur? Why or why not? What type of action
could Sedrick pursue?
Answers may vary. Sedrick was judged suitable or unsuitable for employment based upon his membership in a