Business Law Chapter 27 1 Which The Following Not Advantage Plaintiffs Alleging

Document Type
Test Prep
Book Title
Cengage Advantage Books: Essentials of Business Law 5th Edition
Authors
Jeffrey F. Beatty, Susan S. Samuelson
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1. Under the Equal Pay Act of 1963 an employee may not be paid at a lesser rate than employees of the opposite sex for
tasks requiring equal skill, effort, and responsibility under similar working conditions.
a.
True
b.
False
2. Heather applied for a promotion, but her manager promoted a co-worker because the manager knew Heather was seven
months pregnant. The manager did not want to promote someone who would probably be taking time off of work for
childbirth and child care. The manager has acted legally and reasonably to protect her company’s interests.
a.
True
b.
False
3. The EEOC is the federal agency responsible for enforcing Title VII.
a.
True
b.
False
4. Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees, making it illegal to
discriminate on the basis of race, color, religion, sex or national origin.
a.
True
b.
False
5. In order to be considered sexual harassment, behavior must be so severe that it interferes with an employee’s ability to
work.
a.
True
b.
False
6. Quid pro quo sexual harassment cases involve co-workers making offensive jokes, rude comments or displaying
pornographic materials, but not sexual offers or requests.
a.
True
b.
False
7. In order to be considered sexual harassment, the questionable behavior must be directed at a co-worker of the opposite
gender.
a.
True
b.
False
8. Retaliation means that an employer has done something that would deter a reasonable worker from complaining about
discrimination.
a.
True
b.
False
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9. Generally speaking, an employer does not have to give workers a day off on their religious Sabbath if doing so would
cause an undue hardship for the employer.
a.
True
b.
False
10. A legitimate seniority system is legal even if it perpetrates past discrimination.
a.
True
b.
False
11. Race may be a bona fide occupational qualification when the employee will be working with children of a different
race.
a.
True
b.
False
12. Brian is a police officer. He just turned 54 years old and is worried that he will be forced to retire next year when he
turns 55. The Age Discrimination in Employment Act will protect him if his employer tries to force him to retire early.
a.
True
b.
False
13. Regarding Title VII, the Supreme Court ruled that an employer may only discriminate against a woman if the position
she is seeking has been historically occupied by a male more than 75 percent of the time.
a.
True
b.
False
14. Alice works for a large advertising agency where she is hoping to be promoted to a management position. Alice's
mother and two sisters all died of breast cancer at a young age. Alice’s employer knows this, and will not put Alice in a
management position because he fears that she will also develop cancer. This decision is allowed because it is in the best
interest of the company.
a.
True
b.
False
15. The Civil Rights Act of 1866 offers plaintiffs the possibility of higher compensatory and punitive damage awards than
plaintiffs who file under the Civil Rights Act of 1964.
a.
True
b.
False
16. The Supreme Court in the Teresa Harris v. Forklift Systems, Inc. case held that
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a.
for there to be sexual harassment, the conduct must affect an employee's psychological well-being.
b.
conduct need not affect an employee's psychological well-being to constitute sexual harassment.
c.
Title VII does not apply to sexual harassment cases.
d.
Title VII does not apply to same-sex harassment.
17. Which of the following would probably NOT be required of employers to reasonably accommodate its employees for
religious beliefs?
a.
Flexible scheduling
b.
Closing the business on Sundays
c.
Reassigning employees within the company
d.
Allowing employees to switch work schedules
18. Laura intends to file a Title VII lawsuit against her employer. Which of the following is true?
a.
Laura is required to first submit her claim to the Equal Employment Opportunity Commission.
b.
Laura must first submit her claim to a state civil rights commission before she may proceed with her lawsuit.
c.
If the EEOC determines Laura has no case against her employer, she may not file a lawsuit.
d.
Laura may initiate a lawsuit or file with the EEOC as she so elects.
19. There are four types of illegal activity under Title VII of the Civil Rights Act of 1964. Which of the following is NOT
one of them?
a.
Disparate treatment
b.
Retaliation
c.
Unattactiveness discrimination
d.
Hostile environment
20. Which of the following would be a reasonable accommodation under the ADA?
a.
modifying a job description and job duties to accommodate the disabled worker
b.
assigning a shadow employee to work with the disabled worker
c.
providing part-time schedules to accommodate the disabled worker
d.
creating a new job that the disabled worker can perform
21. Which of the following may be a legitimate, nondiscriminatory criterion for selection of an employee?
a.
Age
b.
Race
c.
Color
d.
Educational level
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22. Mark was refused employment at a Christian bookstore because he was not a "born-again Christian." If Mark brings a
Title VII action against the bookstore, the bookstore's best defense would be
a.
it did not discriminate against a protected category.
b.
Title VII doesn't apply to private businesses.
c.
being a "born-again Christian" is a bona fide occupational qualification.
d.
it could not reasonably accommodate Mark.
23. Under the Americans with Disabilities Act, a person with a disabling illness
a.
is not considered disabled once the illness is being managed with medicines.
b.
is not considered disabled unless there is no known cure.
c.
is considered disabled, but only at times when hospitalization is required for treatment.
d.
is considered disabled, even if the illness is under control.
24. Which of the following statements is TRUE regarding immigration under Title VII?
a.
An interviewer cannot ask an applicant if he or she is authorized to work in the United States.
b.
Once hired, a person must show three forms of evidence proving he or she is authorized to work in the United
States.
c.
It is illegal for employers to discriminate against non-citizens because "national origin" is a protected category.
d.
Once hired, employers must turn I-9 records over to the immigration office.
25. Which of the following is NOT a protected category under Title VII?
a.
Unattractiveness
b.
Race
c.
National origin
d.
Sex
26. Which statute prohibits discrimination on the basis of disability by the federal government, federal contractors, and all
entities that receive federal funds?
a.
The Civil Rights Act of 1866
b.
The Equal Pay Act of 1963
c.
The Rehabilitation Act of 1973
d.
The Family and Medical Leave Act of 1993
27. Marshall wants to work as a security guard. However the employer hires Wanda instead. The primary reason the
employer chose Wanda is her gender. What is the best defense against Marshall’s sex discrimination suit?
a.
Wanda will supervise girls.
b.
Wanda is prettier than Marshall is handsome.
c.
Wanda is stronger than Marshall..
d.
Wanda studied as a nun.
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28. There are four types of illegal activity under the Civil Rights Act of 1964. Which choice lists these four?
a.
disparate treatment, disparate impact, hostile environment, and retaliation
b.
disparate employment, unfair promotions, hostile environment, and unfair firing
c.
false reports, retaliation, prima facie discrimination, sexual harrassment
d.
religious disparaging, racial profiling, sexual harrassment, unfair promotions
29. A rule that is not automatically discriminatory, but which may be discriminatory in practice because it excludes too
many people in a protected group is considered
a.
disparate treatment.
b.
prima facie discrimination.
c.
unbalanced treatment.
d.
disparate impact.
30. Which of the following is NOT an advantage to plaintiffs alleging racial discrimination and filing under the Civil
Rights Act of 1866?
a.
a four-year statute of liminations
b.
unlimited compensatory and punitive damages
c.
assistance in filing from the Equal Employment Opportunity Commission
d.
applicability to all employees, not just those with 15 or more employees
31. Which of the following questions could an interviewer safely ask a candidate in a job interview?
a.
Are you a United States citizen?
b.
When did you graduate from college?
c.
Could you carry a 100-pound weight, as required by this job?
d.
Are you married?
32. An employer would be expected to make reasonable accommodations for a disabled worker, such as
a.
creating a new job that the worker can do.
b.
adapting the work environment for all employees so the disabled worker doesn’t feel segregated or
stigmatized.
c.
providing transportation to and from the worker’s home.
d.
allowing a part-time schedule.
33. Which of the following is TRUE in cases based on claims of disparate treatment?
a.
The plaintiff must prove that the defendant intentionally discriminated.
b.
The defendant must have made a disparaging remark about the plaintiff.
c.
The defendant must prove that the plaintiff is not qualified for the position.
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d.
The plaintiff must prove that he or she was discriminated against because of his or her education level.
34. An employer may be liable for an employee’s sexual harassment if
a.
The supervisor scheduled the plaintiff and defendant to work together.
b.
The defendant showed signs of being distraught over the harassment.
c.
The plaintiff suffered a “tangible employment action” such as firing or demotion.
d.
Any of the above.
35. Which of the following traits is NOT currently protected under Title VII?
a.
National origin
b.
Sexual orientation (homosexual vs. heterosexual)
c.
Gender (male vs. female)
d.
Family responsibility (mothers vs. fathers)
36. Sullivan Consumer Products Co. asks its employees to apply four tests in determining whether their behavior violates
Title VII with respect to sexual harassment. Which of the following is one of the four tests?
a.
Would your friends be impressed with your behavior?
b.
Do you think your behavior is humorous?
c.
Would your behavior help you to get a promotion?
d.
Would you like your behavior reported in your local newspaper?
37. Which of the following is TRUE about Affirmative Action?
a.
Affirmative action is required by Title VII.
b.
Affirmative action is prohibited by Title VII.
c.
Affirmative action is allowed in goverment contracts if it can show the programs are needed to overcome
specific past discrimination.
d.
Affirmative action programs are usually voluntary on the part of employers, since courts have no power to
order remedies for past discrimination.
38. Which of the following are remedies available to a successful plaintiff under Title VII?
a.
Hiring, reinstatement, and back pay
b.
Front pay, reasonable attorney fees
c.
Compensatory and punitive damages
d.
All of the above are remedies under Title VII
39. Alfred has been working for Canyon, Inc. for 12 years, with regular positive performance reviews and promotions.
Roger has only been working for Canyon for 3 years. Alfred also has more management qualifications, yet when a
management position is open, Alfred’s supervisor advises that Alfred should NOT be promoted to that position. His
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reason is that he has recently learned that Alfred regularly attends a Narcotics Anonymous support group. Although
Alfred has been clean for 16 years, there is fear that he could relapse. What is true?
a.
Canyon is allowed to make past drug abuse a barrier to managment positions.
b.
Although Canyon’s behavior is unethical, it is not prohibited.
c.
Canyon’s behavior is prohibited by the Americans with Disabilities Act.
d.
Canyon’s behavior is not prohibited by the Americans with Disabilities Act, but it is prohibited by Title VII of
the Civil Rights Act.
40. Which of the following is NOT considered a major life activity for the purpose of determining if a person has a
disability?
a.
eating
b.
reading
c.
sexual activity
d.
sleeping
41. Explain the Title VII requirements on affirmative action, and identify three sources of affirmative action programs.
42. Discuss the two categories of sexual harassment.
43. What are three general defenses an employer can raise if sued for violating Title VII of the Civil Rights Act?
44. What is the process for filing a suit under Title VII of the Civil Rights Act?
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45. What accommodations might an employer be expected to make for a disabled employee? What standard is used to
determine whether an employer would be expected to make these accommodations?

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