112. Under the Age Discrimination in Employment Act employers:
a. are not prohibited from cutting the health care benefits of employees over the age of 65
b. are prohibited from discriminating in employment against persons only over age 65
c. are prohibited from discriminating in employment against persons only over 40
d. may discriminate on the basis of age only if customers of the firm would object to the older employees
e. none of the other choices
113. Under the Age Discrimination in Employment Act employers:
a. are not prohibited from cutting the health care benefits of employees over the age of 65
b. are prohibited from discriminating in employment against persons only over age 65
c. are prohibited from discriminating in employment against persons under age 21
d. may discriminate on the basis of age only if customers of the firm would object to the older employees
e. none of the other choices
114. The Age Discrimination in Employment Act:
a. prohibits discrimination against persons over age 40
b. requires that older employees be given physical exams if they work at jobs where safety is a serious concern
c. applies to employers with 20 or more employees
d. prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees
e. prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees and
requires that older employees be given physical exams if they work at jobs where safety is a serious concern
115. The Age Discrimination in Employment Act:
a. prohibits discrimination against men over age 40
b. prohibits discrimination against women over age 40
c. applies to employers with 20 or more employees
d. prohibits discrimination against women over age 40 and applies to employers with 20 or more employees
e. prohibits discrimination against men and women over age 40 and applies to employers with 20 or more
employees
116. Which of the following is an example of age discrimination:
a. forcing retirement because of age
b. requiring older workers to pass physical examinations as a condition of continued employment
c. indicating an age preference in advertisements for employees
d. choosing to promote a younger worker rather than an older worker, because the older worker may be
retiring in several years
e. all of the other specific choices are correct
117. Forcing retirement because of age is an example of:
a. sex discrimination
b. age discrimination
c. elderly discrimination
d. geriatric discrimination
e. quantitative discrimination
118. Requiring older workers to pass physical examination as a condition of continued employment is an example of:
a. sex discrimination
b. age discrimination
c. elderly discrimination
d. geriatric discrimination
e. quantitative discrimination
119. Indicating an age preference in advertisements for employees is an example of:
a. sex discrimination
b. elderly discrimination
c. age discrimination
d. geriatric discrimination
e. quantitative discrimination
120. Choosing to promote a younger worker rather than an older worker, because the older worker may be retiring in
several years is an example of:
a. sex discrimination
b. elderly discrimination
c. age discrimination
d. geriatric discrimination
e. quantitative discrimination
121. Cutting health care benefits for workers over age 65 because they are eligible for Medicare is an example of:
a. sex discrimination
b. health care discrimination
c. age discrimination
d. geriatric discrimination
e. quantitative discrimination
122. This ad was seen in a publication: “Wanted: Assistant to the President. Great job opportunity for bright, young, hard
working person to work with President of a major private university.” This ad is most likely to violate:
a. disability law because “bright” may discourage applicants with mental problems
b. discrimination law that requires jobs to have clearly stated goals and qualifications, not vague terms
c. age discrimination laws since “young” is probably not over the age of 40
d. sex and race discrimination law since women and minorities are presumed not to be hard working
e. nothing; no violations exist in the ad
123. John and Lisa are candidates for promotions. John is 34, Lisa is 56. John is given the promotion. Management
decided that since Lisa has said she plans to retire in four years, promoting her would make little sense. In this case,
the company:
a. had a legitimate reason for denying the promotion
b. had a compelling reason for denying the promotion
c. engaged in a forced retirement scheme
d. discriminated illegally based on age
e. showed a legal age preference
124. John and Lisa are candidates for promotions. John is 34, Lisa is 56. John is given the promotion. Management
decided that since Lisa has said she plans to retire in four years, promoting her would make little sense. In this case,
the company:
a. had a legitimate reason for denying the promotion
b. had a compelling reason for denying the promotion
c. engaged in a forced retirement scheme
d. had a bona fide occupational qualification exemption for the decision
e. none of the other choices
125. A plaintiff claims age discrimination. At trial there is a split in the testimony. The plaintiff and a couple other
workers give evidence of discrimination. The defendant has employees who testify that there was no discrimination
and that the plaintiff was incompetent. In such instances:
a. Title VII requires “clear and convincing” evidence for plaintiff to win
b. federal civil procedure requires that plaintiff have “clear and convincing” evidence to win
c. the judge must remove the case from the jury and make the determination under the guidelines set by the
Supreme Court
d. it is up to the jury to decide if the plaintiff has presented enough evidence to show discrimination
e. the jury must find for the plaintiff if he or she has shown a prima facie case
126. A plaintiff claims age discrimination. At trial there is a split in the testimony. The plaintiff and a couple other
workers give evidence of discrimination. The defendant has employees who testify that there was no discrimination
and that the plaintiff was incompetent. In such instances:
a. Title VII requires “clear and convincing” evidence for plaintiff to win
b. federal civil procedure requires that plaintiff have “clear and convincing” evidence to win
c. the judge must remove the case from the jury and make the determination under the guidelines set by the
Supreme Court
d. the jury must find for the plaintiff if he or she has shown a prima facie case
e. none of the other choices
127. Discriminating against an employee on the basis of genetic information that indicates the person may be more likely
than average to have a heart problem is:
a. illegal based on age discrimination
b. illegal based on genetic information discrimination
c. illegal based on medical history discrimination
d. not illegal if the employer can show a work-related issue
e. not illegal because genetic information is not subject to discrimination proceedings
128. Under federal law, if a person wishes to file a discrimination charge they must:
a. file the charge within 10 days of an alleged discriminatory event
b. file the charge within 18 days of an alleged discriminatory event
c. file the charge within 60 days of an alleged discriminatory event
d. file the charge within 180 days of an alleged discriminatory event
e. there is no time limit for filing a discrimination charge
129. Under federal law, if a person wishes to file a discrimination charge they must file within 180 days of an alleged
discriminatory event. State law:
a. often extends this to 300 days
b. often reduces this to 100 days
c. often extends this to 365 days
d. often reduces this to 60 days
e. cannot extend or reduce this time
130. If the EEOC investigates a discrimination claim and finds no reasonable cause:
a. it will dismiss the charge
b. it will pass the charge on to the Supreme Court
c. it will fine the employer, but not send the case to court
d. it will issue a right to sue letter
e. it will fine the plaintiff
131. If the EEOC investigates a discrimination claim and finds no reasonable cause:
a. it will fine the plaintiff
b. it will pass the charge on to the Supreme Court
c. it will fine the employer, but not send the case to court
d. it will issue a right to sue letter
e. none of the other choices are correct
132. If an investigation of a discrimination charge is not settled by the EEOC working with the employer and complaining
employee, to carry the case further, the:
a. employee must file suit against the employer with an EEOC administrative law judge
b. EEOC investigator files suit against the employer with an EEOC administrative law judge
c. EEOC issues a “right-to-sue” letter giving the employee the right to sue the employer
d. EEOC must file suit in federal court on behalf of the employee
e. EEOC turns the case over to the Department of Justice for prosecution
133. If an investigation of a discrimination charge is not settled by the EEOC working with the employer and complaining
employee, to carry the case further, the:
a. employee files suit against the employer with an EEOC administrative law judge
b. EEOC investigator files suit against the employer with an EEOC administrative law judge
c. EEOC turns the case over to the Department of Justice for possible prosecution
d. the complaint is dead because the EEOC would carry it no further
e. none of the other choices
134. The laws against discrimination in employment cover which of the following areas:
a. hiring
b. promotion
c. transfers
d. discipline
e. all of the other specific choices are correct
135. The laws against discrimination in employment cover which of the following areas:
a. pay raises
b. benefits
c. termination
d. discipline
e. all of the other specific choices are correct
136. The laws against discrimination in employment DO NOT cover which of the following areas:
a. pay raises
b. benefits
c. termination
d. discipline
e. all of these areas are covered by laws against discrimination in employment
137. The laws against discrimination in employment DO NOT cover which of the following areas:
a. hiring
b. promotion
c. transfers
d. opportunities
e. all of these areas are covered by laws against discrimination in employment
138. If a person quits their employment because of sexual or racial harassment, it is called:
a. constructive treatment
b. differential impact
c. constructive discharge
d. retaliatory termination
e. none of the other choices
139. Constructive discharge occurs when:
a. a person gains employment due to their family connections
b. a person does not have to take part in an unpleasant part of a job because of their race
c. a person quits their job because of sexual or racial harassment
d. a person sexually or racially harasses a coworker
e. a person is fired based on their race
140. Lucy is the only woman in the police department. Some co-workers make insulting comments about her looks; they
display pornographic materials in the offices; and harass her while she is working. After putting up with this for a
year, Lucy quit in disgust. She may sue under Title VII based on:
a. constructive discharge
b. remedial standards
c. bona fide occupational qualification
d. disparate impact
e. remedial standards and disparate impact
141. Lucy is the only woman in the police department. Some co-workers make insulting comments about her looks; they
display pornographic materials in the offices; and harass her while she is working. After putting up with this for a
year, Lucy quit in disgust. She may sue under Title VII based on:
a. disparate impact
b. remedial standards
c. bona fide occupational qualification
d. remedial standards and disparate impact
e. none of the other choices
142. Disparate treatment (under Title VII) refers to:
a. intentional discrimination
b. unintentional discrimination
c. illegally motivated employment decision
d. intentional discrimination and illegally motivated employment decisions
e. unintentional discrimination and illegally motivated employment decisions
143. When the effect of a hiring or promotion decision is intentionally discriminatory it is called:
a. bona fide occupational qualification.
b. disparate treatment
c. disparate impact
d. pretextual treatment
e. none of the other choices
144. Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer
to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu’s actions
may be illegal:
a. disparate treatment
b. dissolute impact
c. paternalism discrimination
d. mixed motives discrimination
e. despotism
145. Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer
to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu’s actions
may be illegal:
a. BFOQ
b. dissolute impact
c. paternalism discrimination
d. regional differences discriminations
e. none of the other choices
146. Surveys show that people may prefer to deal with members of their own race. A company assigns white
salespersons to white clients and Hispanic salespersons to Hispanic clients. This makes commissions to all the
salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are:
a. illegal disparate treatment under Title VII
b. illegal only if the salespersons earn different wages
c. legal if the salespersons of all races have approved the market division
d. legal since the effect is to raise gross income on the affected group
e. legal since the interests of the customers is the same as the interests of the firm
147. Surveys show that people may prefer to deal with members of their own race. A company assigns white
salespersons to white clients and Hispanic salespersons to Hispanic clients. This makes revenues to all the
salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are:
a. illegal only if the salespersons earn different wages
b. legal since the interests of the customers is the same as the interests of the firm
c. legal if a majority of the salespersons of all races have approved the market division
d. legal as a BFOQ
e. none of the other choices
148. When the effect of a hiring or promotion decision is intentionally discriminatory it is called:
a. mixed motive qualification
b. McDonnell-Douglas discrimination
c. disparate impact
d. pretextual treatment
e. none of the other choices
149. If a person sues their employer under Title VII based on disparate treatment, they must show:
a. the employer committed negligent acts of discrimination
b. the employer is strictly liable for its acts
c. the employer intentionally discriminated
d. both that the employer is strictly liable for its acts and that the employer intentionally discriminated
e. the employee must only prove that the employer’s actions had a bad effect
150. An employee suing an employer for
against them
a. intentional discrimination treatment
b. disparate treatment
c. secondary treatment
d. disparate impact
e. indisparate treatment
under Title VII must show that the employer intentionally discriminated
151. An employee suing an employer for
against them
a. intentional discrimination treatment
b. indisparate treatment
c. secondary treatment
d. disparate impact
e. none of the other choices are correct
under Title VII must show that the employer intentionally discriminated
152. In McDonnell–Douglas Corp. v. Green, the Supreme Court established a four-part test that a plaintiff must meet
to establish:
a. a prima facie case of employment discrimination
b. a per se case of employment discrimination
c. a rule of reason case of employment discrimination
d. a case of reverse discrimination
e. none of the other choices
153. In McDonnell–Douglas Corp. v. Green, the Supreme Court established a four-part test that a plaintiff must meet
to establish:
a. a pretext of employment discrimination
b. a per se case of employment discrimination
c. a rule of reason case of employment discrimination
d. a case of reverse discrimination
e. none of the other choices
154. Which is not one of the parts of the McDonnell-Douglas test that a plaintiff must establish to carry forward a
hiring discrimination claim against an employer:
a. belongs to a protected class
b. meets job qualifications
c. was rejected
d. employer continued to seek others with similar qualifications
e. all are part of the test
155. Which is not one of the parts of the McDonnell-Douglas test that a plaintiff must establish to carry forward a
claim of hiring discrimination against an employer:
a. plaintiff belongs to a protected class
b. plaintiff meets job qualifications
c. plaintiff was rejected
d. employer had a record of discriminatory behavior
e. all are part of the test
156. The four-part test that the plaintiff in a disparate treatment case must meet to provide a prima facie discrimination
case was established by:
a. the Supreme Court in the McDonnell–Douglas decision
b. the President in the Title VII Amendment of 1992
c. Congress in the McDonnell-Douglas decision
d. Congress in the Title VII Amendment of 1992
e. the Supreme Court in the Swierkiewicz v. Sorema decision
157. The four-part test that the plaintiff in a disparate treatment case must meet to provide a prima facie discrimination
case was established by:
a. the Supreme Court in the Swierkiewicz v. Sorema decision
b. the President in the Title VII Amendment of 1992
c. Congress in the McDonnell-Douglas decision
d. Congress in the Title VII Amendment of 1992
e. none of the other choices are correct
158. A person protected by Title VII applies for a job and is rejected. To prove a prima facie case of discrimination
which of the following points need not be established?
a. the person belongs to a protected class
b. the person applied for a job and met the qualifications
c. the person was rejected
d. the person remained unemployed
e. the employer continued to seek applications from other persons with similar qualifications
159. If a plaintiff establishes a prima facie case of employer discrimination, what happens?
a. the plaintiff wins compensatory damages
b. the plaintiff receives a punitive damages award
c. the burden of proof shifts to the employer
d. the plaintiff wins compensatory damages and can win punitive damages if malice is shown
e. none of the other choices
160. If a plaintiff establishes a prima facie case of employer discrimination, what happens?
a. the plaintiff wins compensatory damages
b. the plaintiff receives a punitive damages award
c. the defendant must offer non-discriminatory reasons for the actions involved
d. the case is returned to the EEOC for further investigation
e. the plaintiff wins compensatory damages and can win punitive damages if malice is shown
161. In a trial where a person has claimed employment discrimination has occurred and the plaintiff has shown a prima
facie case, the employer’s reason for his action must be:
a. legitimate
b. nondiscriminatory
c. clear
d. reasonably specific
e. all of the other choices are necessary
162. If, at a trial where a person has claimed employment discrimination has occurred, and the employer has offered a
rationale for what happened, then:
a. the plaintiff need do no more if a prima facie case had been established; the plaintiff wins
b. the employer wins
c. the court requests testimony from the EEOC about its investigation and opinion of the case
d. the plaintiff must show the employer’s reason is a pretext or excuse for illegal behavior
e. the court usually sends the case to arbitration for resolution
163. If, at a trial for employment discrimination, the employer offers a job-relevant rationale for the decision that was
made that the plaintiff is claiming is in fact discrimination, the plaintiff must show that the employer‘s rationale is
what is called a:
a. prima facie excuse
b. constructive excuse
c. pretext
d. disparate
e. differential
164. If, at a trial for employment discrimination, the employer offers a job-relevant rationale for the decision that was
made that the plaintiff is claiming is in fact discrimination, the plaintiff must show that the employer‘s rationale is
what is called a:
a. prima facie excuse
b. constructive excuse
c. differential
d. disparate
e. none of the other choices