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63. The Age Discrimination in Employment Act prohibits discrimination in employment against individuals over the age
of 50.
a. True
b. False
64. The Age Discrimination in Employment Act provides weaker protections and remedies for people discriminated
against in employment on the basis of age, than are provided to the classes protected under Title VII.
a. True
b. False
65. A person age 19 may not claim protection under the Age Discrimination in Employment Act.
a. True
b. False
66. To require employees to retire at age 70 would usually violate the Age Discrimination in Employment Act.
a. True
b. False
67. Because of common health problems among older people, an employer may require older employees to have annual
physical exams as a condition of employment.
a. True
b. False
68. It would be age discrimination for an employer to advertise that it wants to hire a young, dynamic person for a
position working with young people that requires a high-level of energy and the ability to relate to teenagers.
a. True
b. False
69. Choosing to promote a younger person rather than an older person, because the older person is likely to retire in
several years, may violate the Age Discrimination in Employment Act.
a. True
b. False
70. The EEOC enforces a law prohibiting discrimination in employment based on genetic information.
a. True
b. False
71. Employers may not discriminate in employment based on genetic information.
a. True
b. False
72. When a person believes she or he has been the victim of discrimination covered by Title VII, the first step is to file
a complaint with the federal or a state equal employment opportunity agency.
a. True
b. False
73. EEOC offices file suits against employers after a complaint of discrimination covered by Title VII has been sworn
out by a protected person.
a. True
b. False
74. If the EEOC believes a Title VII complaint has at least some merit, they give the person bringing the complaint a
"right-to-sue" letter.
a. True
b. False
75. A person who thinks they have been the victim of discrimination in employment must file a complaint within 100
days or lose the right.
a. True
b. False
76. The EEOC receives almost 22,000 Title VII complaints each year.
a. True
b. False
77. If the EEOC, responding to a complaint, does not file a discrimination suit, the employee has lost the chance to have
the matter considered in court.
a. True
b. False
78. Employers are permitted to differentiate among job applicants to make hiring decisions. The constraint the federal
government puts on this process is that it limits the grounds upon which an employer may differentiate.
a. True
b. False
79. If an employer pays women greater retirement benefits than it pays its male employees, because the employer
knows that women, on average, live longer than men, this is likely to be illegal disparate treatment.
a. True
b. False
80. If an employer makes an employee's working conditions "intolerable" due to racial harassment, so the employee
resigns, there may be a Title VII discrimination suit that is called disparate treatment.
a. True
b. False
81. Employers may legally make employment decisions that result in disparate treatment so as to protect women
employees.
a. True
b. False
82. If an employee is "driven away" from their job and quits due to discriminatory abuse, there is said to be constructive
discharge that may be actionable under Title VII.
a. True
b. False
83. If an employee files a complaint about discrimination, and the complaint is not valid, then if the employer inflicts
punishment for filing the complaint, there are no grounds for a claim of retaliation.
a. True
b. False
84. If a plaintiff meets the discrimination test announced by the Court in McDonnell-Douglas, the plaintiff has a prima
facie case of discrimination.
a. True
b. False
85. To prove discrimination under Title VII, a plaintiff must prove, among other elements of proof, that he or she is a
member of a protected class, and that there was an adverse job action.
a. True
b. False
86. If a plaintiff proves a prima facie case of employment discrimination, they have won their suit as there is no
defense for prima facie discrimination.
a. True
b. False
87. If a plaintiff, who has filed a Title VII case, proves a prima facie case of discrimination, the burden is on the
defendant to present evidence that the claim is untrue or that there is a legitimate reason for the action taken.
a. True
b. False
88. If an employer offers a defense to a prima facie case of discrimination, the plaintiff must then prove that the
defense is only a pretext.
a. True
b. False
89. If an employee makes a prima facie case of employment discrimination, the employer must give a
nondiscriminatory reason for the decision that was made.
a. True
b. False
90. If an employer offers a pretext as a defense to a prima facie case of discrimination, the employer will win.
a. True
b. False
91. If an employee makes a prima facie case, but the employer gives a good business reason for the action involved,
then it may be necessary for the jury to review the entire situation to understand if discrimination dominated the
employment decision.
a. True
b. False
92. If a discrimination suit involves mixed evidence about discrimination and job performance, the Supreme Court has
held that the jury must give the benefit of doubt to the plaintiff.
a. True
b. False
93. In Lewis v. Heartland Inns of America the court held that there was "no clear evidence" of sex discrimination, so
plaintiff could not prevail.
a. True
b. False
94. In Lewis v. Heartland Inns of America the appeals court held that Lewis presented a prima facie case of
discrimination and that Heartland's defense appeared to be a pretext.
a. True
b. False
95. In Lewis v. Heartland Inns of America the appeals court held that Lewis failed to provide adequate evidence of
retaliation by her employer as the employer's defense was not a mere pretext.
a. True
b. False
96. In reviewing employment discrimination cases, the Supreme Court has noted that the employment relationship is
rooted in agency law so vicarious liability can be imposed on the employer for discriminatory practices not properly
controlled.
a. True
b. False
97. According to the Supreme Court, in Burlington Industries v. Ellerth, an employer is not liable for hostile
environment discrimination by a supervisor if the employee suffered no adverse job consequence.
a. True
b. False
98. According to the Supreme Court, in Burlington Industries v. Ellerth, an employer is much less likely to be liable
for sexual harassment by a supervisor if the employer had an effective program in place to handle discrimination
complaints by employees.
a. True
b. False
99. According to the Supreme Court, in Burlington Industries v. Ellerth, an employer is not liable for a complaint of
sexual harassment by a supervisor if the employee never complained to superiors about the problem.
a. True
b. False
100. According to the Supreme Court, in Pennsylvania State Police v. Suders, vicarious liability is not likely to be
imposed on an employer for employment discrimination if an employee who suffered discrimination failed to take
advantage of a quality complaint process that existed within the organization before bringing suit.
a. True
b. False
101. Under Title VII, it is illegal to perpetuate a past pattern of intentional employment discrimination.
a. True
b. False
102. Neutral business rules that happen to perpetuate the effects of discriminatory practices that have been ended are
not violations of Title VII.
a. True
b. False
103. Disparate impact employment discrimination is based on intentional discriminatory policies by an employer.
a. True
b. False
104. Disparate impact employment discrimination is based on unintentional actions that cause employment discrimination.
a. True
b. False
105. In EEOC v. Dial Corp. the EEOC found that the strength test used by Dial was neutral in its impact in that it was
part of the job requirement and more men happen to be stronger than women.
a. True
b. False
106. In EEOC v. Dial Corp. the EEOC found that the strength test used by Dial violated the rule against disparate
impact in workplace requirements.
a. True
b. False
107. In EEOC v. Dial Corp. the EEOC found that the strength test used by Dial did not meet the business necessity
defense as it was not related to job performance.
a. True
b. False
108. In EEOC v. Dial Corp., where an employer used a test of strength to screen job applicants for ability to do the job,
the appeals court held that the test was a non-discriminatory way to select employees that happened to be hard for
women to pass.
a. True
b. False
109. In EEOC v. Dial Corp., where an employer used a test of strength to screen job applicants for ability to do the job,
the appeals court held that the test was not a valid way to select employees and served to discriminate against
women.
a. True
b. False
110. You would expect that it would be illegal for an employer to have an education requirement, such as a high school
diploma, unless there could be shown to be a business necessity behind the requirement.
a. True
b. False
