Chapter 30
Employment Discrimination
and Diversity
N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows.
N A question new to this edition of the Test Bank.
+ A question modified from the previous edition of the Test Bank.
= A question included in the previous edition of the Test Bank.
TRUE/FALSE QUESTIONS
1. Title VII of the Civil Rights Act of 1964 does not apply to employers with only
five employees.
2. The Civil Rights Act of 1964 does not prohibit job discrimination in the hiring
process.
3. Any employee, except an undocumented alien, can bring an action for
employment discrimination.
4. Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.
5. Making out a prima facie case of discrimination means that a plaintiff has met
his or her initial burden of proof.
6. Disparate-impact discrimination occurs when a protected class of individuals is
adversely affected by an employer’s practices, even though they do not appear
to be discriminatory.
7. The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of
national origin.
8. The Civil Rights Act of 1964 does not protect against reverse discrimination.
9. The Civil Rights Act of 1964 prohibits job discrimination against majority group
individuals, such as white males.
10. Employers cannot forbid their employees from participating in any religious
activity.
11. Employers can treat their employees more or less favorably based on their
religious beliefs or practices.
12. A plaintiff alleging wage discrimination must file a complaint within a certain
period of time of the decision that set the discriminatory pay.
13. Federal law does not prohibit employers from classifying jobs as male or
female.
14. Federal law does not prohibit employers from engaging in gender-based wage
discrimination.
15. Sexual harassment occurs only if sexual favors are demanded of an employee.
16. An employee’s resignation must be the foreseeable result of an employer’s
discriminatory action to support a showing of constructive discharge.
17. Constructive discharge is a theory that plaintiffs can use to establish any type
of discrimination claims under the Civil Rights Act of 1964.
18. A tangible employment action is a significant change in employment status or
benefits.
19. When the harassment by co-workers creates a hostile working environment, an
employee may have a cause of action against the employer.
4 UNIT FOUR: AGENCY AND EMPLOYMENT LAW
20. An employer may be liable for the harassment by nonemployees if the
employer knew about the harassment and failed to take corrective action.
21. Protection against discrimination under the Civil Rights Act of 1964 does not
extend to situations in which individuals are harassed by members of the same
gender.
22. There is no cap on damages for discrimination in violation of the Civil Rights
Act of 1964.
23. A plaintiff who proves unlawful discrimination may be awarded reinstatement,
back pay, but not retroactive promotions.
24. Under the Age Discrimination in Employment Act of 1967, the plaintiff must
show that unlawful discrimination was the reason for an adverse employment
action.
25. Under the Age Discrimination in Employment Act of 1967, a plaintiff must prove
that he or she was replaced by a person “outside the protected class.”
26. State employers are not immune from private suits brought by employees
under the Age Discrimination in Employment Act of 1967.
CHAPTER 30: EMPLOYMENT DISCRIMINATION AND DIVERSITY 5
27. State employers are not immune from private suits brought by employees
under the Americans with Disabilities Act of 1990.
28. Under the Americans with Disabilities Act of 1990, an employer must hire
unqualified applicants who have disabilities.
29. Employers can consider mitigating measures or medications when determining
if an individual has a disability that fits the definition in the Americans with
Disabilities Act of 1990.
30. If a job applicant or an employee with a disability, with reasonable
accommodation, can perform essential job functions, the employer must make
the accommodation.
31. The Americans with Disabilities Act of 1990 requires that employers
accommodate the needs of applicants or employees with disabilities who are
not otherwise qualified for the work
32. Employers who do not accommodate the needs of persons with disabilities
must demonstrate that the accommodations would cause undue hardship.
33. Gender can be a bona fide occupational qualification.
6 UNIT FOUR: AGENCY AND EMPLOYMENT LAW
34. An employer may defend against a claim of unintentional discrimination by
asserting that a practice that has a discriminatory effect is a business
necessity.
35. Under Title VII of the Civil Rights Act of 1964, most private firms are required to
implement affirmative action policies.
CHAPTER 30: EMPLOYMENT DISCRIMINATION AND DIVERSITY 7
MULTIPLE CHOICE QUESTIONS
1. Lee is seventy years old and Mira is gay. Based on this information, members
of protected classes include
a. Lee and Mira.
b. Lee only.
c. Mira only.
d. neither Lee nor Mira.
2. Erica is sixty-year-old woman with cerebral palsy. Erica is a member of
a. one protected class.
b. two protected classes.
c. three protected classes.
d. no protected classes.
3. Personnel Staffing Corporation meets all of the requirements to be subject to
the federal employment discrimination laws. Among these, the most important
statute prohibiting discrimination against members of protected classes is
a. the Age Discrimination in Employment Act of 1967.
b. the Americans with Disabilities Act of 1990.
c. the National Labor Relations Act of 1935.
d. Title VII of the Civil Rights Act of 1964.
4. Title VII of the Civil Rights Act of 1964 applies to which of the following?
a. An employer with five employees
b. An employer with ten employees
c. A labor union with twenty-five members
d. A labor union with twelve members
5. Hu believes that he is a victim of a form of employment discrimination that falls
under Title VII of the Civil Rights Act. Compliance with this statute is monitored
by
a. employees and job applicants, not an administrative agency.
b. employers and businesses, not an administrative agency.
c. the courts and Congress, not an administrative agency.
d. the Equal Employment Opportunity Commission.
6. Origami Paper Products Corporation meets all of the requirements to be
subject to the federal employment discrimination laws. These laws restrict the
ability of employers to discriminate against workers on the basis of
a. experience.
b. gender.
c. intelligence.
d. skill.
7. Dakota believes that Credit Services Corporation (CSC) has discriminated
against her on the basis of gender. She files a suit against CSC under the Civil
Rights Act of 1964. To establish a prima facie case of employment discrimi-
nation, Dakota must show that
a. she is a member of a protected class.
b. CSC has no legal defenses against the claim.
c. discriminatory intent motivated CSC’s act.
d. no other firm in CSC’s industry has committed a discriminatory act.
8. Cody believes that Delta Corporation has discriminated against him on the
basis of gender. Cody files a suit against Delta under Title VII. To establish a
prima facie case of employment discrimination, Cody must show that
a. Cody is a member of a protected class.
b. Delta has no legal defenses against the claim.
c. discriminatory intent motivated Delta’s act.
d. other firms in Delta’s industry have committed discriminatory acts.
9. Sarah believes that she was rejected for a position at Trekking Travel Agency
due to her race. Sarah files a suit against Trekking Travel Agency under Title
VII on the basis of disparate-treatment discrimination. Sarah must show all of
the following except that
a. she is a member of a protected class.
b. she applied and was qualified for the job in question.
c. she was rejected by Trekking Travel Agency.
d. other people of her race hold similar positions with other employers.
10. Truman applies for a job at Skylight Canopy Corporation for which he is well
qualified, but for which he is rejected. Skylight continues to seek applicants and
eventually fills the position with a person who is not a member of a minority.
Truman is most likely to succeed in a suit against Skylight for discrimination if
he is a member of
a. a protected class.
b. a majority group.
c. an employers’ association.
d. a union.
11. Lew, a member of a protected class, applies for a job with Mit-E Construction
Company, but fails Mit-E’s employment test and is not hired. Lew believes that
the test has an unintentionally discriminatory effect. If so, this is
a. reverse discrimination.
b. disparate-impact discrimination.
c. disparate-treatment discrimination.
d. not discrimination.
12. Melanie files an employment discrimination suit against Natural Gas Industries
Corp. under Title VII on a disparate-impact theory. To succeed, Melanie must
show that a protected group of people are adversely affected by any of the
following except the employer’s
a. practices.
b. procedures.
c. tests.
d. seniority system.
13. Olivia applies for a job with Petro Company. Petro does not hire Olivia because
of her ethnicity, or national origin. This is
a. reverse discrimination.
b. disparate-impact discrimination.
CHAPTER 30: EMPLOYMENT DISCRIMINATION AND DIVERSITY 11
c. disparate-treatment discrimination.
d. not discrimination.
14. Erasmus files a suit against Drain-Pro Plumbing & Repair LLC under the Civil
Rights Act of 1964, claiming reverse discrimination. To support this claim,
Erasmus must show that he is a member of
a. a protected class.
b. a majority group.
c. an employers’ association.
d. a union.
15. Conrad and Delilah are employees of AgriBio Feed & Seed Corporation. Under
the Equal Pay Act of 1963, AgriBio can legitimately pay different wages on the
basis of
a. seniority.
b. job descriptions.
c. substantial equality of skill, effort, and responsibility.
d. gender.
16. Greta is the only female employee in the maintenance department of
Hydraulics Inc. Greta’s supervisor and co-workers tease and play tricks on her
so relentlessly that she feels compelled to quit. This is
a. a constructive discharge.
b. a destructive discharge.
c. an instructive discharge.
d. not a discharge.
17. Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee.
The owner announces that some employees will be discharged. Ruth tells Tim
that if he has sex with her, he can keep his job. This is
a. harassment on the basis of sexual orientation.
b. not harassment.
c. quid pro quo harassment.
d. same-gender harassment.
18. The standard for determining whether constructive discharge has occurred is
whether or not
a. a reasonable person in the employee’s position would feel compelled to
quit.
b. the employee’s annual wage rate is fair.
c. a person of another race in the employee’s position would feel
compelled to quit.
d. a person of the opposite gender in the employee’s position would feel
compelled to quit.
19. Elsa participates in a Title VII investigation at the firm where she works. As a
result, Elsa’s employer demotes her. Elsa can file a
a. harassment complaint.
b. retaliation claim.
c. constructive discharge claim.
d. disparate-impact discrimination claim.
20. Vinnie, the owner of Café Rico, knows about, but does not take any action to
prevent, the sexual harassment of employees. Vinnie and the café may be
liable for such harassment by
a. an employee’s previous employer.
b. a customer or a co-worker.
c. an employee’s spouse or other close relative.
d. none of the choices.
21. Pikabo files an employment discrimination suit against Quantitative Analysis,
Inc., under the Civil Rights Act of 1964, based on its discharge of Pikabo.
Possible relief includes
a. imprisonment.
b. reinstatement.
c. fines.
d. an order to shutdown the employer’s business.
22. Lisa brings a lawsuit against her employer for unlawful discrimination. Lisa is
successful in proving that she was unlawfully discriminated against by her
employer. Lisa may be awarded
a. back pay, but not retroactive promotions.
b. retroactive promotions, but not back pay.
c. damages, but not back pay.
d. back pay, retroactive promotions and damages.
23. Svetlana, a fifty-five-year-old member of a racial minority with a disability,
believes that she is a victim of employment discrimination. Potentially the most
widespread form of discrimination is based on
a. age.
b. disability.
c. gender.
d. race.
Fact Pattern 30-1 (Questions 24–25 apply)
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
24. Refer to Fact Pattern 30–1. Manny believes that he has been discriminated
against on the basis of his age. For the Age Discrimination in Employment Act
of 1967 to apply
a. all parties must be forty years of age or younger.
b. Lita must be forty years of age or older.
c. Manny must be forty years of age or older.
d. NBC must have been in existence for at least forty years.
25. Refer to Fact Pattern 30–1. To succeed with an age-discrimination claim
against CBC, Manny will have to show that
a. Lita is not qualified for Manny’s job.
b. Manny is qualified for his job.
CHAPTER 30: EMPLOYMENT DISCRIMINATION AND DIVERSITY 15
c. NBC’s qualifications for Manny’s job are too high.
d. no one could do Manny’s job as well as he could.
26. Eton files a suit in a federal district court against Florida, alleging employment
discrimination under the Age Discrimination in Employment Act of 1967. The
state asks the court to dismiss the suit. The court is most likely to rule that
a. the state is immune from the suit.
b. the suit can proceed.
c. Eton is immune from any defense the state might offer.
d. the court is immune from such request.
27. Paula, a disabled person, applies for a job at Quantity Corporation for which
she is well qualified, but for which she is rejected. Quantity continues to seek
applicants and eventually fills the position with a person who is not disabled.
Paula is most likely to succeed in a suit against Quantity for discrimination
under the Americans with Disabilities Act of 1990 if she can show that
a. she was not hired solely because of her disability.
b. she can function well with corrective devices or on medication.
c. her disability causes her undue hardship.
d. she could not perform the job even with reasonable accommodation.
28. Dick works for First City Bank. When his spouse Elin is diagnosed with Lou
Gehrig’s disease, Dick asks to take temporary leave to care for her. First City
discharges him. He files a suit against the bank under the Americans with
Disabilities Act of 1990. Most likely, Dick can
a. recover for association discrimination.
b. recover for reverse discrimination.
c. recover for disparate-impact discrimination.
d. not recover.
Fact Pattern 30-2 (Questions 29–30 apply)
Beth, who has a disability, is an employee of Corporate Office Company (COC). After
the installation of new doors on COC’s building, Beth finds it nearly impossible to get
in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who
does not have a disability.
29. Refer to Fact Pattern 30-2. To succeed with a claim against COC under the
Americans with Disabilities Act, Beth will have to show that
a. Beth consistently met the essential requirements of her job.
b. COC refused to make reasonable accommodation for Beth.
c. Dian is unqualified for Beth’s position.
d. the doors were installed as an act of intentional discrimination.
30. Refer to Fact Pattern 30–2. To successfully defend against Beth’s claim, COC
will have to show that
a. Beth consistently failed to meet the essential requirements of her job.
b. COC cannot make changes to the doors without undue hardship.
c. Dian is qualified for Beth’s position.
d. the doors were not installed as an act of intentional discrimination.
31. Flynn is a drug addict who has completed a supervised drug-rehabilitation
program. Gert used drugs casually in the past. Heath reports to work while
CHAPTER 30: EMPLOYMENT DISCRIMINATION AND DIVERSITY 17
under the influence of alcohol. Considered to have a disability under the
Americans with Disabilities Act of 1990 is
a. Flynn.
b. Gert.
c. Heath.
d. all of the choices.
32. Silky Coordinates, a women’s clothing store, employs female attendants to as–
sist customers in the dressing rooms. Radley, a forty-one-year-old male, ap-
plies for an attendant’s job, but is not hired. In Radley’s suit against Silky for
employment discrimination under Title VII, the store has
a. no defense.
b. a bona fide occupational qualification defense.
c. a business necessity defense.
d. a seniority systems defense.
33. Machine Corporation requires its employees to have a high school diploma,
claiming a definite connection between a high school education and job
performance. In a suit against Machine Corporation under Title VII, this
requirement is shown to have a discriminatory effect. The employer has
a. no defense.
b. a bona fide occupational qualification defense.
c. a business necessity defense.
d. a seniority systems defense.
34. Valerie is a pilot for Wayfarer Airlines. Wayfarer’s policy is to restrict Valerie
and its other pilots from flight responsibilities after a certain age. This is most
likely
a. a legitimate bona fide occupational qualification.
b. discrimination on the basis of age.
c. reverse discrimination.
18 UNIT FOUR: AGENCY AND EMPLOYMENT LAW
d. discrimination on the basis of disability.
35. Jason and Katrina work on the loading dock for Longhaul Transport Company.
Jason has a disability. Katrina has seniority. Jason asks for a transfer, which
would represent an accommodation for his disability. Longhaul gives the
transfer to Katrina on the basis of her seniority. Jason files a suit against
Longhaul for discrimination on the basis of his disability. The court is most likely
to rule that
a. Katrina’s seniority is a good defense.
b. Jason’s disability is a sufficient basis for relief.
c. Longhaul’s action was a business necessity.
d. Longhaul’s action was a reasonable accommodation.
ESSAY QUESTIONS
1. Gelato Cheese Company, a major processor of cheese sold throughout the
United States, employs one hundred workers at its principal processing plant.
The plant is located in Heartland Corners, which has a population that is 50
percent white and 25 percent African American, with the balance Hispanic
American, Asian American, and others. Gelato requires a high school diploma
as a condition of employment for its cleaning crew. Three-fourths of the white
population completed high school, compared with only one-fourth of those in
the minority groups. Gelato has an all-white cleaning crew. Has Gelato violated
the Civil Rights Act of 1964? Explain.
2. For twenty years, Ozzie works for Players Paradise, a destination for
vacationers from across the United States, maintaining golf carts. After a
steady stream of positive job evaluations and merit pay raises, Ozzie is
promoted to the position of supervisor of golf-cart maintenance at three of
Players’s courses. Five years later, a new employee, Quentin, is hired to
oversee operations at all ten of Players’s courses. Quentin demotes Ozzie,
who is now over the age of forty, to running only one of the three cart facilities,
and freezes his salary. Quentin demotes five other employees over the age of
forty and places one of Ozzie’s former facilities under the supervision of Richie,
who is twenty-three. Ozzie overhears Richie say, “We’re going to have to do
away with these old, senile men.” Less than a year later, Quentin
reconsolidates the three cart facilities’ operations under Richie’s charge. Ozzie
quits and files a suit against Players for employment discrimination. Should he
prevail? Explain.