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Chapter 35
Employment Discrimination
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
A1. An employer’s discrimination against job applicants or employees on certain grounds
may violate federal law.
A2. The Civil Rights Act of 1964 does not prohibit job discrimination in the hiring process.
A3. Disparate-impact discrimination occurs when a protected group of people is adversely
affected by an employer’s practices, even though they do not appear to be
discriminatory.
428 TEST BANK A—UNIT SEVEN: AGENCY AND EMPLOYMENT
A4. Making out a prima facie case of discrimination means that a plaintiff has met his or
her initial burden of proof.
A5. The Civil Rights Act of 1964 does not protect against reverse discrimination.
A6. Employers can treat their employees more or less favorably based on their religious
beliefs or practices.
A7. Federal law does not prohibit discrimination on the basis of gender in assessing an
employee’s education, training, or experience.
A8. A plaintiff alleging wage discrimination must file a complaint within a certain period of
time of the decision that set the discriminatory pay.
A9. An employee’s resignation must be the foreseeable result of an employer’s
discriminatory action to support a showing of constructive discharge.
A10. A tangible employment action is a significant change in employment status or
benefits.
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A11. Protection against retaliation under the Civil Rights Act of 1964 does not extend to an
employee who speaks out about discrimination on his or her own initiative.
A12. When the harassment of co-workers creates a hostile working environment, an
employee may have a cause of action against the employer.
A13. 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.
A14. Under the Age Discrimination in Employment Act of 1967, the plaintiff needs to show
only that the employer was motivated in part by unlawful discrimination.
A15. 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.”
A16. State employers are not immune from private suits brought by employees under the
Age Discrimination in Employment Act of 1967.
430 TEST BANK A—UNIT SEVEN: AGENCY AND EMPLOYMENT
A17. 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.
A18. 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
A19. Employers who do not accommodate the needs of persons with disabilities must
demonstrate that the accommodations would cause undue hardship.
A20. An employer may defend against a claim of unintentional discrimination by asserting
that a practice that has a discriminatory effect is a business necessity.
MULTIPLE CHOICE QUESTIONS
A1. 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.
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A2. Nina is a Jew and Odell is a college student. Based on this information, members of
protected classes include
a. neither Nina nor Odell.
b. Nina and Odell.
c. Nina only.
d. Odell only.
A3. 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 discrimination, 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.
A4. 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.
c. disparate-treatment discrimination.
d. not discrimination.
432 TEST BANK A—UNIT SEVEN: AGENCY AND EMPLOYMENT
Fact Pattern 35–1A (Questions A5–A6 apply)
Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well qualified. He
passes a test to determine which applicants are eligible for hiring, but the employer discards
the results, and Erasmus is rejected. Drain-Pro continues to seek applicants.
A5. Refer to Fact Pattern 35-1A. Erasmus files a suit against Drain–Pro 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.
A6. Refer to Fact Pattern 35–1A. To successfully defend itself against Erasmus’s suit, Drain–
Pro must articulate
a. a legitimate, nondiscriminatory reason for its action.
b. a mere fear that it would be sued if it used the test results.
c. a pretext for its action.
d. a discriminatory basis for its action.
A7. 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.
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A8. Greta is the only female employee in the maintenance department of Hydro
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 on the basis of gender discrimination.
b. a harassing discharge on the basis of treatment discrimination.
c. a voluntary discharge on the basis of impact discrimination.
d. not a discharge or discrimination.
A9. 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.
A10. Fix-It Repair Shop does not take any action to prevent sexual harassment of its
employees. Fix-It Repair 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.
d. none of the choices.
434 TEST BANK A—UNIT SEVEN: AGENCY AND EMPLOYMENT
A11. Cora, a female, and Dom, a male, are employees of Equipment Leasing Corporation.
Cora regularly e–mails sexually explicit images to Dom via Equipment Leasing’s
computer network. Dom finds this offensive. This is
a. hostile-environment harassment.
b. not harassment or any form of discrimination.
c. quid pro quo harassment.
d. reverse discrimination.
A12. Mona files an employment discrimination suit against Nationwide Distribution
Corporation (NDC) under the Civil Rights Act of 1964. If Mona shows that NDC acted
with malice or reckless indifference, she may recover
a. an unlimited amount of compensatory and punitive damages.
b. a limited amount of compensatory and punitive damages.
c. neither compensatory nor punitive damages.
d. compensatory or punitive damages, but not both.
A13. 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.
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A14. United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files
a suit against United under the Age Discrimination in Employment Act of 1967. To
establish a prima facie case, Vera must show, among other things, that she is
a. deserving of higher pay than Wendy.
b. generally more dependable than Wendy.
c. older than Wendy.
d. qualified for the position.
A15. 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.
A16. Paolo has cerebral palsy, Quincy has kleptomania, and both work for Reality Insurance
Company. Considered disabled under the Americans with Disabilities Act
a. are Paolo and Quincy.
b. is Paolo only.
c. is Quincy only.
d. is neither Paolo nor Quincy.
436 TEST BANK A—UNIT SEVEN: AGENCY AND EMPLOYMENT
Fact Pattern 35–2A (Questions A17–A18 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.
A17. Refer to Fact Pattern 35-2A. 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.
A18. Refer to Fact Pattern 35–2A. 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.
A19. Vincenzo is a pilot for Wayfarer Airlines. Wayfarer’s policy is to restrict Vincenzo 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. association discrimination.
d. discrimination on the basis of disability.
A20. 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
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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
A1. With a couple of new ideas regarding software design, Carol and Ray start a
partnership that, with business success, becomes Pacific Applications Company. The
company grows to include a staff of twenty–one employees. Over time, Pacific
develops a new computer operating system. The firm signs licensing contracts with
several computer manufacturers, but needs to double the number of its employees to
fulfill those contracts. Is Pacific subject to federal antidiscrimination laws? If so, what
should it consider in hiring new employees?
438 TEST BANK A—UNIT SEVEN: AGENCY AND EMPLOYMENT
A2. 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.