Business Law, 8e (Cheeseman)
Chapter 33 Equal Opportunity in Employment
1) The Equal Employment Opportunity Commission is the federal administrative agency that is
responsible for enforcing most federal antidiscrimination laws.
2) The jurisdiction of the EEOC is restricted to investigating charges of discrimination based on
gender.
3) If a person believes that he or she has been discriminated against in the workplace, he or she
cannot immediately file a lawsuit against the employer.
4) The EEOC and a complainant can jointly sue an employer who discriminated against the
complainant.
5) The EEOC will issue a right to sue letter to the complainant even if it does not find a violation
upon investigation of the charge.
6) A complainant cannot file his or her claim of discrimination with the FEPA instead of the
EEOC.
7) A plaintiff can file a claim against an employer within 180 days of the most recent paycheck
violation.
8) Title VII of the Civil Rights Act was intended to eliminate job discrimination based on race,
color, national origin, sex, and religion.
9) Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees.
10) Native American tribes and tax-exempt private clubs are expressly excluded from Title VII
of the Civil Rights Act of 1964.
11) U.S. citizens employed by U.S. companies located in foreign countries are not covered by
Title VII of the Civil Rights Act of 1964.
12) Disparate-treatment discrimination occurs when an employer treats a specific individual less
favorably than others because of that person’s race, color, national origin, sex, or religion.
13) Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral
on its face but is shown to cause an adverse impact on a protected class.
14) If an employer refuses to promote all persons of the Asian race, the company has engaged in
disparate-impact discrimination.
15) A person having origins in any of the original peoples of the Middle East belongs to the
Caucasian racial group.
16) If a light-skinned member of a race refuses to hire a dark-skinned member of the same race,
it constitutes racial discrimination.
17) A private plaintiff can bring an action of employment discrimination under Section 1981
without going through the procedural requirements of Title VII.
18) There is no cap on the recovery of compensatory or punitive damages under Section 1981.
19) The Civil Rights Act of 1866 is unconcerned with national origin employment
discrimination.
20) If an employer refuses to promote a qualified female to a management position because of
her gender, this would be in violation of Title VII.
21) Discrimination because of pregnancy, childbirth, or related medical conditions violates the
Civil Rights Act of 1866.
22) Denying employment to a woman because she is pregnant is a form of quid pro quo sex
discrimination.
23) If an employer denies a salary hike to an employee because she is a woman, the employer is
liable for sexual harassment.
24) Employers are not strictly liable to any of their employees who might have suffered sexual
harassment at the workplace.
25) Labor unions are not covered under Title VII of the Civil Rights Act.
26) Federal workers are not covered under the Equal Pay Act.
27) The ADEA is a federal statute that prohibits age discrimination practices against employees
who are 40 years and older.
28) The ADA is a federal statute that imposes obligations on employers and providers of public
transportation, telecommunications, and public accommodations to accommodate individuals
with disabilities.
29) Employers are obligated to provide reasonable accommodations to physically challenged
employee if they do not incur significant difficulty or expense for the employers.
30) Employees stricken with cancer, diabetes, or epilepsy are considered qualified individuals
with a disability under ADA provisions.
31) The ADAAA is a federal statute that makes it illegal for an employer to discriminate against
job applicants and employees based on genetic information.
32) An affirmative action plan provides that certain job preferences will be given to members of
minority racial and ethnic groups, females, and other protected-class applicants when making
employment decisions.
33) Federal antidiscrimination laws prohibit employers from engaging in retaliation against an
employee for filing a charge of discrimination.
34) The ________ is the federal agency responsible for enforcing most federal antidiscrimination
laws.
A) EEOC
B) FEPA
C) ADEA
D) BFOQ
35) Which of the following is true of the EEOC?
A) It cannot seek injunctive relief.
B) Its members are elected from state legislatures.
C) Its jurisdiction is limited to charges of racial discrimination.
D) A person should file a complaint with EEOC after filing a discriminatory lawsuit against the
employer.
36) A complainant may file his or her employment discrimination claim with the ________
instead of the EEOC.
A) ADA
B) ADEA
C) FEPA
D) BFOQ
37) If the EEOC chooses not to bring suit, it issues a(n) ________ to the complainant.
A) affirmative defense
B) right to sue letter
C) filing date
D) document of claim
38) Which of the following is true of the right to sue letter issued by the EEOC?
A) It is issued when the EEOC chooses to bring suit.
B) It is issued when the EEOC does not find a violation.
C) It is issued when the complainant is found guilty.
D) It is issued only when the discrimination is racial in nature.
39) The ________ is a federal statute that permits a complainant to file an employment
discrimination claim against an employer within 180 days of the most recent paycheck violation.
A) Civil Rights Act of 1968
B) Title II of GINA
C) Civil Rights Act of 1964
D) Lilly Ledbetter Fair Pay Act
40) Gloria’s employer deducted 20 percent of her pay in the month of January due to personal
problems he had with her. Under the Lilly Ledbetter Fair Pay Act, what period of time does
Gloria have to file an employment discrimination claim?
A) within the month of July the same year
B) within the end of the financial year
C) within the month of April the same year
D) within the month of January the next year
41) The ________ was intended to eliminate job discrimination based on race, color, national
origin, sex, and religion.
A) Lilly Ledbetter Fair Pay Act
B) Fair Employment Practices Act
C) Title II of GINA
D) Title I of the ADA
42) Which of the following best describes the scope of Title VII of the Civil Rights Act of 1964?
A) It applies to all employers irrespective of the number of employees.
B) It does not apply to labor unions.
C) It does not cover state and local governments.
D) It does not apply to Native American tribes.
43) ________ discrimination occurs when an employer treats a specific individual less favorably
than others because of that person’s race, color, national origin, sex, or religion.
A) Disparate-treatment
B) Disparate-impact
C) Favored-treatment
D) Unfair-impact
44) To claim under disparate-treatment discrimination, the complainant must prove that
________.
A) he or she is physically challenged
B) he or she was rejected due to over-qualification
C) he or she belongs to a Title VII protected class
D) he or she is covered by Title I of the ADA
45) A member of a minority race applies for a promotion to a position advertised as available at
his company. The minority applicant, who is qualified for the position, is rejected by the
company which hires a nonminority applicant for the position. The minority applicant can sue
under ________.
A) Title I of ADA
B) Title II of GINA
C) Title VII of the Civil Rights Act
D) Lilly Ledbetter Fair Pay Act
46) ________ discrimination occurs when an employer discriminates against an entire protected
class.
A) Disparate-treatment
B) Disparate-impact
C) Favored-treatment
D) Unfair-impact
47) Which of the following is true of employment discriminations defined under Title VII?
A) Disparate-treatment discrimination can be proven through statistical data about an employer’s
employment practices.
B) Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral
on its face but is shown to cause an adverse impact on a protected class.
C) Disparate-treatment discrimination occurs when an employer discriminates against an
individual of a protected class.
D) Sexual harassment and refusal to hire physically challenged employees are illustrations of
disparate-impact discrimination.
48) Which of the following is an instance of disparate-treatment discrimination?
A) An employer does not promote Kelly as she is about take maternity leave.
B) Ghalib, who is fluent in English, is not hired as a writer due to his Iraqi heritage.
C) An employer refuses to install a wooden ramp to accommodate Lin who is restricted to a
wheelchair.
D) A factory hires 22-year old Jerry over 46-year old Barry, citing age as the reason.
49) QuickMoney LLC is looking to fill its chief executive officer position, as the current CEO is
retiring soon. QuickMoney receives applications for this position from many persons, including
Joe Thomas, an African-American. Mr. Thomas is the best-qualified applicant for the job. If
QuickMoney does not hire Mr. Thomas because he is an African-American, the company has
engaged in ________ discrimination.
A) genetic information
B) race
C) color
D) national origin
50) Which of the following types of employment discrimination is carried out against a person
because of his or her heritage or cultural characteristics?
A) race discrimination
B) color discrimination
C) national origin discrimination
D) genetic information discrimination
51) If a company does not hire certain employees because of their accents, it has carried out
________ discrimination.
A) genetic information
B) race
C) color
D) national origin
52) If a light-skinned member of a race refuses to hire a dark-skinned member of the same race,
this will constitute as discrimination in violation of ________.
A) Title I of ADA
B) Title II of GINA
C) Title VII of the Civil Rights Act
D) Title IV of GINA
53) Which of the following is true of sex discrimination?
A) It is not the same as gender discrimination.
B) Prohibition against sex discrimination applies only to women, not men.
C) Employment discrimination because of pregnancy is sex discrimination.
D) Sex discrimination is covered by Title II of GINA.
54) Which of the following best describes quid pro quo sex discrimination?
A) employment discrimination because of pregnancy, childbirth or related medical conditions
B) discrimination where sexual favors are requested in order to obtain a job or be promoted
C) discrimination in hiring or promotion based on the gender of the employee under
consideration
D) selective or partial treatment offered to an employee or a group of employees based on their
gender
55) In 1978, the ________ which prohibits employment discrimination because of pregnancy,
childbirth, or related medical conditions was enacted as an amendment to Title VII of the Civil
Rights Act.
A) Pregnancy Discrimination Act
B) Sex Discrimination Act
C) Gender Discrimination Act
D) Sexual Harassment Act
56) Lila Miller who works for a large software firm is four-months pregnant and is due for a
promotion. However, her employer offers the promotion to Harry Oswald, a less-experienced
candidate, as Lila would go on maternity leave soon and would be unable to perform her duties.
Which of the following is true of this scenario?
A) Lila’s employer is liable for disparate-treatment discrimination.
B) Lila’s employer is liable for disparate-impact discrimination.
C) The employer was lawful in denying Lila the promotion.
D) Lila’s employer has violated Title VII of the Civil Rights Act of 1964.
57) Using a sexually explicit picture or screensaver to mock an employee constitutes ________.
A) gender discrimination
B) quid pro quo sex discrimination
C) sexual harassment
D) physical abuse
58) The U.S. Supreme Court has held that sexual harassment that creates a hostile work
environment violates ________.
A) Title VII of the Civil Rights Act
B) Fair Employment Practices Act
C) Title II of GINA
D) Title I of the ADA
59) Which of the following elements constitutes an affirmative defense by an employer whose
employee has suffered sexual harassment at the work place?
A) The plaintiff-employee was harassed by other employees who are no longer employed by the
employer.
B) The employer had no knowledge about the sexual harassment faced by the plaintiff-employee
until a court notice was served on the employer.
C) The plaintiff-employee failed to take advantage of any preventive or corrective opportunities
provided by the employer.
D) The plaintiff-employee misinterpreted words or actions by the employer or his employees
which were not intended to cause sexual harassment.
60) An employee who believes that he or she is being sexually harassed has a duty to report the
harassment to the ________.
A) EEOC
B) FEPA
C) employer
D) law enforcement authorities
61) Which of the following is true of sexual harassment?
A) Same-sex harassment is not covered under Title VII.
B) An employee being harassed at the workplace is not obligated to report it to the employer.
C) Sending offensive e-mail is considered sexual harassment.
D) Absence of a complaint policy makes an employer liable for disparate-impact discrimination.
62) Jason Smith is a Hispanic scriptwriter from Brazil who works for a television show on an
American cable network. He was fired after the producer came to know that Smith was a
scientologist by faith. The producer’s official reason for this termination was that as Smith was
based in Brazil, communication was a problem. This is an example of ________ discrimination
that violates Title VII of the Civil Rights Act.
A) racial
B) religious
C) national origin
D) disparate-impact
63) Which of the following is true of religious discrimination?
A) Only monotheistic religions are covered under Title VII.
B) An employer need not accommodate religious observances or practices of its employees at the
workplace.
C) An employee who claims religious discrimination cannot sue the employer for any other
violation of Title VII.
D) Religious organizations can give preference in employment to individuals of a particular
religion.
64) Why is proving a bona fide occupational qualification essential?
A) for discrimination to be legal
B) to establish the employer’s violation of Title VII
C) to establish the employee’s claim is fraudulent
D) for an employee to claim being discriminated against by the employer
65) The ________ protects both sexes from pay discrimination based on sex.
A) Lilly Ledbetter Fair Pay Act
B) Fair Employment Practices Act
C) Title VII of Civil Rights Act
D) Equal Pay Act
66) Which of the following is true of the Equal Pay Act?
A) It protects both sexes from pay discrimination based on gender.
B) Federal workers are covered under the Equal Pay Act.
C) Employees cannot bring a private cause of action against an employer for violating the Equal
Pay Act.
D) An employer who has violated the Equal Pay Act must lower the wages of employees whose
wages had been increased.
67) An employer pays higher wages to Shelly—who has worked with the company for six
years—than Samuel, who holds a similar position to Shelly and performs the same functions as
her, and has worked with the company for only five and a half years. Which of the following is
true of this case?
A) The employer has violated the Fair Employment Practices Act.
B) The employer is liable for disparaged-treatment discrimination.
C) The employer is liable for disparaged-impact discrimination.
D) The employer has not violated the Equal Pay Act.
68) The ________ is a federal statute that prohibits age discrimination practices against
employees who are 40 years and older.
A) FEPA
B) OWBPA
C) ADEA
D) EEOC
69) The ________ is a federal statute that prohibits age discrimination regarding employee
benefits.
A) FEPA
B) OWBPA
C) ADEA
D) EEOC
70) The ________ imposes obligations on employers and providers of public transportation,
telecommunications, and public accommodations to accommodate physically challenged
individuals.
A) ADEA
B) OWBPA
C) ADA
D) FEPA
71) Which of the following is considered a major physiological impairment by the ADAAA?
A) undergoing mental stress
B) a history of surgery
C) nursing a temporary but contagious ailment
D) having cancer
72) The ________ is a federal statute that makes it illegal for an employer to discriminate against
job applicants and employees based on genetic information.
A) ADA
B) GINA
C) ADAAA
D) OWBPA
73) A(n) ________ provides that certain job preferences will be given to members of minority
racial and ethnic groups, females, and other protected-class applicants when making employment
decisions.
A) retaliation
B) affirmative defense
C) affirmative action plan
D) reasonable accommodation plan
74) An employee feels discriminated against by his employer, based on his religion. Who must
he approach before filing a lawsuit against the employer? Describe the process.
75) Explain the scope and provisions of Title VII of the Civil Rights Act.
76) Distinguish between disparate-treatment and disparate-impact discrimination.
77) When is an employer required to prove a bona fide occupational qualification? Explain with
an example.
78) Explain the concept of reasonable accommodation of physically challenged employees.
When is an employer not obligated to provide such accommodation?