433
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
B1. The Civil Rights Act of 1964 prohibits job discrimination on the basis of intelligence.
B2. Any employee, except an undocumented alien, can bring an action for employment
discrimination.
B3. Disparate-treatment discrimination occurs when an employer intentionally discrim-
inates against an employee who is a member of a protected class.
434 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B4. The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of
national origin.
B5. The Civil Rights Act of 1964 prohibits job discrimination against majority group
individuals, such as white males.
B6. Employers cannot forbid their employees from participating in any religious activity.
B7. Federal law does not prohibit employers from engaging in gender-based wage
discrimination.
B8. Each time a person is paid discriminatory wages, benefits, or other compensation, a
cause of action arises.
B9. Constructive discharge is a theory that plaintiffs can use to establish any type of
discrimination claims under the Civil Rights Act of 1964.
B10. Sexual harassment occurs when sexual favors are demanded in return for job
opportunities, promotions, salary increases, or other benefits.
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B11. Protection against retaliation under the Civil Rights Act of 1964 does not extend to an
employee who answers questions during an employer’s internal investigation of
another employee’s complaint.
B12. An employer may be liable for the harassment of nonemployees if the employer knew
about the harassment and failed to take corrective action.
B13. There is no cap on damages for discrimination in violation of the Civil Rights Act of
1964.
B14. Under the Age Discrimination in Employment Act of 1967, a plaintiff must show only
that unlawful discrimination was the reason for an adverse employment action.
B15. Under the Age Discrimination in Employment Act of 1967, when an older worker is
laid off as part of a restructuring, he or she must present evidence that the layoff was
motivated by age bias.
B16. State employers are not immune from private suits brought by employees under the
Americans with Disabilities Act of 1990.
436 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B17. The Americans with Disabilities Act of 1990 defines persons with disabilities as
persons with physical or mental impairments that “substantially limit” their everyday
activities.
B18. If a job applicant or an employee with a disability, with reasonable accommodation,
can perform essential job functions, the employer must make the accommodation.
B19. Employers are not required to modify their job-application and selection process so
that those with disabilities can compete for jobs with those who do not have
disabilities.
B20. Under current law, an employer must adopt an affirmative action plan.
MULTIPLE CHOICE QUESTIONS
B1. Hu believes that he is a victim of a form of employment discrimination that falls under
the Civil Rights Act of 1964. 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 Opportunities Commission.
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B2. 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.
B3. Riki files a suit against Stevedore Shipping Corporation under the Civil Rights Act of
1964, alleging employment discrimination on the basis of gender on a disparate–
impact theory. To succeed, Riki must show that Stevedore hires fewer women than
the percentage of
a. qualified women in the local labor market.
b. qualified women in the United States.
c. women in Stevedore’s state.
d. women who apply to Stevedore for work.
B4. 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.
438 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B5. United Industrial Corporation gives preferential treatment in hiring and promotion to
the members of all protected classes. This treatment results in discrimination against
members of the majority. This is
a. a bona fide occupational practice.
b. a business necessity.
c. constructive discharge.
d. reverse discrimination.
B6. Research Statistics Corporation uses a merit system to pay its employees according to
their job performance. Suki, a female, and Troy, a male, are Research employees with
comparable jobs. Due to superior performance, Suki is paid more than Troy. This is
a. disparate-impact discrimination.
b. gender discrimination.
c. not discrimination.
d. reverse discrimination.
B7. Rona is Stu’s administrative assistant and both work for TriCounty Labor Inc. Stu tells
Rona that for sexual favors, he will give her an excellent performance review and
recommend a raise. This is
a. harassment on the basis of sexual orientation.
b. hostile-environment harassment.
c. not harassment.
d. quid pro quo harassment.
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B8. Marie, an employee of Nickel Tool Company, files a sexual-harassment suit against
Owen, her supervisor. Marie wins. Nickel may also be liable if it had effective
harassment policies and complaint procedures, and
a. none of the employees followed them.
b. Marie followed them.
c. all of the employees were aware of them.
d. Owen followed them.
Fact Pattern 35-1B (Questions B9–B10 apply)
Kit, manager of Long-Term Care Company’s office in Metro City, decides to replace the
office’s male employees with females. Nia, an assistant manager transferred from a different
Long-Term Care office, refuses to cooperate. Kit retaliates against Nia, who quits. Within a
year, the male employees also quit.
B9. Refer to Fact Pattern 35-1B. Kit’s action against Nia is most likely
a. not discrimination.
b. discrimination on the basis of gender.
c. discrimination on the basis of experience or skill.
d. discrimination on the basis of effort and responsibility.
B10. Refer to Fact Pattern 35-1B. Liability for Kit’s conduct most likely rests with
a. Long-Term Care male employees, who should have acted themselves.
b. Long-Term Care, which should have known, and Kit, who acted.
c. Nia, who did not cooperate.
d. no one, because no law was violated.
440 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B11. Mold & Dye Corporation is a private employer involved in an employment
discrimination suit under the Civil Rights Act of 1964. Punitive damages may be
recovered against Mold & Dye only if the employer
a. acted with malice or reckless indifference.
b. can easily afford to pay the amount.
c. has one hundred or more employees.
d. consents.
B12. 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 35-2B (Questions B13–B14 apply)
Ida replaces Hector in his job at Grocers Market Corporation (GMC).
B13. Refer to Fact Pattern 35-2B. Hector 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. Ida must be forty years of age or older.
c. Hector must be forty years of age or older.
d. GMC must have been in existence for at least forty years.
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B14. Refer to Fact Pattern 35-2B. To succeed with an age-discrimination claim against GMC,
Hector will have to show that
a. Ida is not qualified for Hector’s job.
b. Hector is qualified for his job.
c. GMC’s qualifications for Hector’s job are too high.
d. no one could do Hector’s job as well as he could.
B15. 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.
B16. Dan has AIDS, Eve is blind, and both work for First National Bank. Considered disabled
under the Americans with Disabilities Act
a. are Dan and Eve.
b. is Dan only.
c. is Eve only.
d. is neither Dan nor Eve.
442 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B17. Flynn is a drug addict who has completed a supervised drug-rehabilitation program.
Gert used drugs casually in the past. Both work for Home Credit Company. Considered
to have a disability under the Americans with Disabilities Act of 1990
a. are Flynn and Gert.
b. is Flynn only.
c. is Gert only.
d. is neither Flynn nor Gert.
B18. 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.
B19. 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.
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B20. Marvel 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 Marvel under the Civil Rights Act of 1964, this requirement is shown
to have a discriminatory effect. Marvel has
a. an affirmative action defense.
b. a bona fide occupational qualification defense.
c. a business necessity defense.
d. no defense.
ESSAY QUESTIONS
B1. 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.
444 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B2. Sara is a repairperson for Telecommunications Company (TC). The job requires driving
to remote areas to make repairs under any conditions. Sara has had the job longer
than other employees. Sara applies for a promotion to a supervisory position that
requires constant communication with others in the field. TC rejects the application
on the ground that Sara is hearing impaired. TC acknowledges that Sara is otherwise
qualified, but asserts that it “needs someone who does not have a hearing disability.”
Sara files a suit against TC under the Americans with Disabilities Act of 1990. What is
the issue in this problem, and what are the relevant considerations on which its
resolution depends?