59) Employers covered by Title VII include those who have 15 or fewer employees.
60) Disparate impact occurs when one individual is treated less favorably than another because
of color, race, religion, sex, or national origin.
61) The Civil Rights Act of 1964 does not cover Indian tribes, private clubs, unions, and
employment agencies.
62) One of the forms of sexual harassment involves the creation of a hostile environment.
63) What facts must a plaintiff establish in order to build a prima facie case charging the
defendant with disparate treatment in violation of Title VII of the Civil Rights Act of 1964?
What must the defendant establish if the plaintiff‘s initial burden of establishing proof has been
met? What happens to the burden of proof if the defendant establishes a legitimate defense?
64) Describe the two distinct forms of sexual harassment that have been recognized by U.S.
courts.
65) Compare and contrast the sexual harassment laws of the United States and France.
66) Describe the statutory defenses that can be raised by a defendant after a plaintiff has
established a prima facie case of discrimination based on disparate treatment, disparate impact,
or a pattern or practice of discrimination.
67) The Age Discrimination in Employment Act of 1967 protects workers from the age of
or older.
A) 40
B) 72
C) 55
D) 30
68) Which of the following would constitute a violation of the Age Discrimination in
Employment Act of 1967?
A) an employer refusing to allow employees to drive trucks until they reach the age of 25
B) an employer laying off capable workers who have reached the age of 50 and hiring
replacement workers who are under the age of 40
C) an employer paying pensions to workers who have reached the age of 65 but refusing to pay
pensions to younger workers
D) an employer giving special awards to workers who have been with the company for over 20
years
69) Which of the following is true of the Age Discrimination in Employment Act of 1967?
A) It applies to employers having 10 or more employees.
B) It does not apply to industries that affect interstate commerce.
C) It applies to unions that have a maximum of 20 members.
D) It does not apply to state employers.
70) A trier of fact can find unlawful discrimination without additional, independent evidence of
discrimination if a plaintiff establishes a prima facie case of age discrimination and provides
by the employer.
A) sufficient evidence of pretext
B) evidence of “pretext plus”
C) direct evidence of discrimination
D) direct and circumstantial proof of discrimination
71) Which of the following statutory defenses available to an employer requires the employer,
the defendant, to establish that he or she must hire employees of only a certain age to safely and
efficiently operate the business in question?
A) after-acquired evidence of employee misconduct
B) executive exemption
C) bona fide occupational qualification
D) mixed motives case
72) Executive exemption is an exemption to the ADEA that allows mandatory retirement of
executives at age .
A) 50
B) 65
C) 45
D) 55
73) Which of the following statements is true of remedies available under the Age
Discrimination in Employment Act of 1967?
A) Punitive damages are always awarded by the courts.
B) Compensatory damages for items such as mental distress from discrimination are not awarded
by courts.
C) In a private action, a plaintiff is not allowed to recover liquidated damages.
D) If liquidated damages are not granted, the plaintiff is generally entitled to interest on the back
pay.
74) The Age Discrimination in Employment Act of 1967 does not apply to employment agencies
and to unions that have at least 25 members or operate a hiring hall.
75) What facts must a plaintiff establish in order to prove a prima facie case of age
discrimination involving a termination? What must the defendant establish if the plaintiff’s initial
burden of establishing proof has been met?
76) Which of the following is a correct statement regarding the Rehabilitation Act of 1973?
A) It narrowed the class of individuals protected against discrimination.
B) It prohibits affirmative action programs for hiring and promoting the handicapped.
C) A handicapped individual is defined as one who has a physical or mental impairment which
substantially limits one or more of such person’s major life activities.
D) People who are falsely regarded as having a handicap are not protected by the act.
77) Which of the following is an incorrect statement regarding the Rehabilitation Act of 1973?
A) The act applies only to the federal government and employees that have contracts with the
federal government.
B) The applicability of the act is unlimited.
C) The act does not require any employer to hire an unqualified individual.
D) The act requires only the hiring of an individual with a disability who, with reasonable
accommodation for his or her disability, can perform the job at the minimum level of
productivity that would be expected of an individual with no disability.
78) Section 504 of the Rehabilitation Act of 1973 prohibits .
A) discrimination by federal departments and agencies against otherwise qualified workers
because of a handicap
B) employers from refusing to hire and discharging or discriminating in terms and conditions of
employment on the basis of age
C) private employers entering into contracts for property or services from discriminating against
otherwise qualified workers because of a handicap
D) discrimination by parties who administer programs receiving federal assistance
79) The Rehabilitation Act of 1973 applies only to the federal government and employers that
have contracts with the federal government.
80) Describe the Rehabilitation Act of 1973 and its relationship to the Americans with
Disabilities Act of 1991.
81) The Americans with Disabilities Act of 1991 requires employers to .
A) hire applicants with disabilities regardless of their qualifications
B) make a reasonable accommodation of a known disability unless the accommodation imposes
an undue burden on the employer’s business
C) make a special accommodation of a known disability even if the accommodation imposes an
extreme burden on the employer’s business
D) reject applicants with mental disabilities, even if they do not impose an extreme burden on the
employer‘s business
82) According to the Americans with Disabilities Act of 1991, a disability includes all but which
of the following?
A) a potential physical or mental impairment
B) a physical or mental impairment which substantially limits one or more of the major life
activities of an individual
C) a record of a physical or mental impairment which substantially limits one or more of the
major life activities of an individual
D) being regarded as having a physical or mental impairment which substantially limits one or
more of the major life activities of an individual
83) Which of the following parties is not a covered individual under the Americans with
Disabilities Act of 1991?
A) an employee who is currently a substance abuser and whose abuse would affect job
performance
B) a person who suffers from alcoholism but is not currently drinking
C) a person who is a former drug addict
D) a person infected with the human immunodeficiency virus (HIV) but not yet symptomatic
84) Which of the following is an incorrect statement regarding the Americans with Disabilities
Act Amendments (ADAAA) of 2008?
A) The ADAAA effectively repealed the ADA.
B) The ADAAA provides that “major life activities” include caring for oneself.
C) The ADAAA provides that “major life activities” include eating.
D) The ADAAA provides that “major life activities” include bending.
85) Which of the following is true of the Americans with Disabilities Act of 1991?
A) It does not cover individuals with terminal cancer.
B) It covers individuals who have HIV and are symptomatic.
C) It covers individuals who have heart disease.
D) It does not cover epilepsy patients.
86) Ted has been working as a security guard for a finance company for the past six months. He
is in his mid-forties and was a substance abuser in his twenties. During employee verification,
his history as an addict came to the attention of his employer. As a result, Ted was fired. This
scenario depicts the violation of the .
A) Americans with Disabilities Act of 1991
B) Age Discrimination in Employment Act of 1967
C) Civil Rights Act of 1964
D) Civil Rights Act of 1991
87) Carla works as a secretary at a well-known law firm. Due to a bad blood transfusion, Carla is
HIV positive but not yet symptomatic. When the firm was informed of this by the health
insurance officials, she was fired from her job. This scenario depicts the violation of the
.
A) Civil Rights Act of 1991
B) Age Discrimination in Employment Act of 1967
C) Civil Rights Act of 1964
D) Americans with Disabilities Act of 1991
88) An employee who is currently a substance abuser and whose abuse would affect job
performance is protected by the Americans with Disabilities Act of 1991.
89) With reference to the Americans with Disabilities Act of 1991, define the term “disability,”
and mention the individuals covered by this act.
90) A(n) is a program adopted by employers to increase the representation of women
and minorities in the workplace.
A) quota system
B) affirmative action plan
C) protected category compliance plan
D) reverse discrimination initiative
91) Any affirmative action plan that can withstand constitutional muster must .
A) be reviewed by an appellate court in the federal court system (including the U.S. Supreme
Court)
B) balance the workforce by decreasing employment of minorities
C) attempt to remedy past discrimination
D) decrease the representation of women in the workforce
92) Ever since employers began to try to create balanced workforces by focusing on increasing
their employment of minorities, there have been cries that such actions constitute ,
which is a violation of the Clause of the U.S. Constitution.
A) quotas; Due Process
B) reverse discrimination; Equal Protection
C) quotas; Privileges and Immunities
D) reverse discrimination; Commerce
93) Reverse discrimination is discrimination .
A) against the major dominant group in a region or country
B) in favor of members of groups that have been previously discriminated against
C) against those individuals who file an affirmative action suit
D) in favor of members of groups that have never been discriminated against
94) Which of the following groups of people usually raise claims for reverse discrimination?
A) Latino females
B) African American males
C) White males
D) Asian females
95) Which of the following is an affirmative action plan?
A) decreasing the employment of the minority group
B) decreasing the representation of women in the workforce
C) increasing the employment of the majority group
D) increasing the representation of women in the workforce
96) Any affirmative action plan that can likely withstand constitutional muster must do all but
which of the following?
A) establish a quota system for a protected class of individuals
B) attempt to remedy past discrimination
C) not use preferences
D) end or change once it has met its goal of remedying past discrimination
97) According to EEOC guidelines, an affirmative action plan does not violate Title VII of the
Civil Rights Act of 1964 if .
A) the employer has an articulable basis for determining that the affirmative action plan is
appropriate and the affirmative action plan is quantifiable
B) the employer has an articulable basis for determining that the affirmative action plan is
appropriate and the affirmative action plan is reasonable
C) the employer has a reasonable basis for determining that the affirmative action plan is
appropriate and the affirmative action plan is quantifiable
D) the employer has a reasonable basis for determining that the affirmative action plan is
appropriate and the affirmative action plan is reasonable
98) Discuss the Grutter v. Bollinger affirmative action case.
99) The extended the protection of Title VII of the Civil Rights Act of 1964 and the
Americans with Disabilities Act to U.S. citizens working abroad for U.S. employers.
A) Americans with Disabilities Act Amendments of 2008 (ADAAA)
B) Civil Rights Act of 1991
C) Taft-Hartley Act
D) Davis-Bacon Act
100) Which of the following statements is true with respect to determining a company’s
citizenship for the purpose of being covered by Title VII and the Age Discrimination in
Employment Act of 1967?
A) No one factor is considered determinative since many factors are relevant.
B) The company’s principal place of business is determinative.
C) The nationality of the controlling shareholders is determinative.
D) The nationality and location of management is determinative.