1. Many states have passed their own fair employment acts.
a.
True
b.
False
2. The federal statutes on race, gender and employment discrimination apply both to employees and independent
contractors.
a.
True
b.
False
False
1
Easy
13-1 Overview of Civil Rights Legislation
3. A plaintiff claiming disparate impact discrimination based on sex must prove that the employer intentionally
discriminated against him or her by denying a benefit or privilege of employment (such as a promotion or pay raise) based
upon the individual’s sex.
a.
True
b.
False
False
1
Moderate
13–2a Traditional Discrimination Claims
4. It is not necessary to prove intentional discrimination to prevail in a disparate impact case.
a.
True
b.
False
True
1
Moderate
13–2a Traditional Discrimination Claims
True
1
Easy
13-1 Overview of Civil Rights Legislation
5. Plaintiffs in Title VII cases may only bring claims of harassment based on sex.
a.
True
b.
False
6. A claim for sexual harassment may be asserted by either male or female employees.
a.
True
b.
False
True
1
Moderate
13–2b Harassment
7. In the Harris v. Forklift Systems, Inc. case discussed in the text, the U.S. Supreme Court ruled that a showing of a
serious effect on an employee’s psychological well-being is necessary for a hostile work environment claim under Title
VII.
a.
True
b.
False
False
1
Challenging
13–2b Harassment
8. A majority of the federal courts of appeals have struck down claims for hostile work environment in so-called paramour
cases where coworkers have claimed that an employee has received preferential treatment by a supervisor has a result of
having sexual relations with the supervisor.
a.
True
b.
False
True
1
Challenging
13–2a Traditional Discrimination Claims
False
1
Moderate
13–2b Harassment
9. Federal legislation to amend Title VII to include sexual orientation has not been enacted.
a.
True
b.
False
10. As the court stated in the Suarez v. Pueblo International, Inc. (2000) case, the ADEA guarantees workplaces “free
from the ordinary ebb and flow of power relations and interoffice politics.”
a.
True
b.
False
False
1
Challenging
13-3 Age Discrimination
11. The U.S. Supreme Court ruled that sexual harassment must be committed by a member of the opposite sex in order to
be actionable.
a.
True
b.
False
False
1
Challenging
11–2b Harassment
12. To prevail on a claim for retaliation under Title VII, a plaintiff does not need to prevail on his or her Title VII
discrimination claim.
a.
True
b.
False
True
1
Moderate
13–2d Retaliation
True
1
Moderate
13–2b Harassment
13. According to the Oncale v. Sundowner Offshore Services case referenced in the text, the U.S. Supreme Court rule that
Title VII does not apply to same-sex harassment.
a.
True
b.
False
14. Under federal law there are no caps on either compensatory or punitive damages when sexual discrimination is
involved.
a.
True
b.
False
False
1
Moderate
13–2g Remedies under Title VII
15. Discrimination on the basis of pregnancy is a form of sex discrimination under Title VII.
a.
True
b.
False
True
1
Moderate
13–2E Special Applications of Title VII
16. Gender will qualify as a BFOQ where a gender-based restriction is based on the preferences of coworkers, employers,
or customers for one sex or the other.
a.
True
b.
False
False
1
Moderate
13–2f Defenses under Title VII
False
Moderate
13–2a Traditional Discrimination Claims
17. Under the Americans with Disabilities Act (ADA) a person who is only regarded as having an impairment that
substantially limits one or more of that person’s major life activities cannot qualify as disabled.
a.
True
b.
False
1
Moderate
13–4b Definition of Disability
18. If two individuals aged 25 and 35 apply for the same position, under federal law the employer may not lawfully reject
either applicant on the basis of age.
a.
True
b.
False
False
1
Moderate
13-3 Age Discrimination
19. Title VII has been successfully used to challenge English-only workplace rules.
a.
True
b.
False
True
1
Moderate
13–2e Special Applications of Title VII
20. Title VII provides that an employer may lawfully hire an individual on the basis of religion, sex, or national origin if
religion, sex, or national origin is a bona fide occupational qualification.
a.
True
b.
False
True
1
Moderate
21. Under federal law, employees may not waive their rights under the Age Discrimination in Employment Act (ADEA).
a.
True
b.
False
False
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13-3 Age Discrimination
Blooms: Moderate
22. A reasonable accommodation for a disabled employee is required whether or not it would impose an undue hardship
on the employer.
a.
True
b.
False
False
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13–4c Reasonable Accommodation
23. What is the major provision of the Civil Rights Act of 1866 (Section 1981)?
a.
It prohibits racial discrimination by employers of over 50 employees in the making and enforcement of
contracts, including employment contracts.
b.
It prohibits racial discrimination by employers of any size in the making and enforcement of contracts,
excluding employment contracts.
c.
It prohibits racial discrimination by employers of any size in the making and enforcement of contracts,
including employment contracts.
d.
It prohibits racial discrimination by employers of over 25 employees in the making and enforcement of
contracts, including employment contracts.
c
1
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Exhibit 13.1 Major Pieces of Federal Civil Rights Legislation
Blooms: Comprehension
24. What is the major provision of the Equal Pay Act of 1963?
a.
It mandates equal pay for equal work without regard to gender.
b.
It mandates equal pay for equal work without regard to gender or age.
c.
It mandates equal pay for equal work without regard to gender, race, or age.
13–2f Defenses under Title VII
Blooms: Comprehension
d.
It mandates equal pay for equal work without regard to race.
25. In the Ricci v. DeStefano case discussed in the text, seventeen white and one Hispanic firefighters sued the City of
New Haven. The plaintiffs alleged the city’s refusal to certify test results of an examination, which would have made them
eligible for promotion, was a violation of Title VII’s ban on disparate treatment. How did the U.S. Supreme Court rule?
a.
That the City of New Haven had engaged in illegal disparate impact discrimination.
b.
That the City of New Haven had engaged in illegal disparate treatment discrimination.
c.
That the City of New Haven had acted appropriately because there was a credible threat of a lawsuit.
d.
That the City of New Haven had acted appropriately both because there was a credible threat of a lawsuit and
because the City had established, using objective facts, that such a lawsuit could not be afforded.
b
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13-7 Affirmative Action
Blooms: Analysis
26. Title VII prohibits discrimination based on which of the following?
a.
Race, color, and religion
b.
Race, color, religion, national origin, sex, or age
c.
Race, color, religion, and sex
d.
Race, color, religion, national origin, or sex
d
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13-2 Title VII
Blooms: Comprehension
27. Which of the following must the plaintiff prove in an Age Discrimination in Employment case?
a.
The plaintiff must prove by a preponderance of direct evidence that age was a motivating factor for the
challenged employer decision.
b.
The plaintiff must prove by a preponderance of the evidence, which may be direct or circumstantial, that age
was a motivating factor for the challenged employer decision.
c.
The plaintiff must prove by a preponderance of direct evidence that age was the but-for cause of the
challenged employer decision.
d.
The plaintiff must prove by a preponderance of the evidence, which may be direct or circumstantial, that age
was the but-for cause of the challenged employer decision.
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Exhibit 13.1 Major Pieces of Federal Civil Rights Legislation
Blooms: Comprehension
28. Which of the following is true regarding the filing of a claim under Title VII?
a.
There is no requirement that a claim be filed with the EEOC so long as a complaint is filed by a private lawyer
within six months after the alleged unlawful employment practice occurred.
b.
Although there is not a requirement that a plaintiff first file a charge of discrimination with the EEOC, a
plaintiff who does not file a charge may only recover back pay from the date a court action is filed.
c.
A plaintiff must file a charge with the EEOC, but the plaintiff may also personally institute a court action to
run concurrently with the EEOC investigation.
d.
A plaintiff is required to file a charge with the EEOC; but in the event the EEOC does not pursue the matter,
the plaintiff may proceed personally after receiving a right–to-sue letter from the EEOC.
d
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13–1a Enforcement
Blooms: Application
29. Which of the following is generally true regarding front pay in discrimination cases?
a.
It is a substitute for back pay.
b.
It is equal to one-half the back pay amount.
c.
It is a substitute for back pay and is generally awarded in addition to reinstatement.
d.
It is equal to what the employee would have received had he or she not been discharged and is generally
awarded when reinstatement is inappropriate.
d
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13–1c Remedies
Blooms: Comprehension
30. How long must an employee have worked for an employer in order to be eligible for leave provided by the Family and
Medical Leave Act?
a.
Two years
b.
Twelve months
c.
Six months
d.
120 days
b
1
d
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13-3 Age Discrimination
31. Which of the following is generally true regarding an award of lost future earnings in discrimination cases?
a.
Damages for lost future earnings are generally available so long as front pay is not awarded.
b.
Damages for lost future earnings may be awarded in addition to damages for front pay.
c.
Damages for lost future earnings are not available if either an award of back pay or front pay is given.
d.
Damages for lost future earnings are not available.
b
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13–1c Remedies
Blooms: Comprehension
32. An employee may use the Family and Medical Leave Act for:
a.
the birth of a child.
b.
the care of a parent.
c.
a serious personal health condition rendering the employee unable to do his or her job or the birth of a child.
d.
the birth of a child, the care of a parent, a serious personal health condition rendering the employee unable to
do his or her job.
d
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13-5 Family and Medical Leave Act
Blooms: Comprehension
33. In the McKennon v. Nashville Banner Publishing Co. case referenced in the text, after-acquired evidence of the
plaintiff-employee’s misconduct was introduced in a lawsuit filed under the ADEA. How did the U.S. Supreme Court
rule?
a.
The court ruled that under such circumstances, the plaintiff’s claim should be dismissed.
b.
The court ruled that under such circumstances, remedies available to the plaintiff should be limited to back pay
and should not include reinstatement or front pay.
c.
The court ruled that under such circumstances, remedies available to the plaintiff should be limited to back pay
and front pay and should not include reinstatement.
d.
The court ruled that such evidence has no effect on the lawsuit or on available remedies.
b
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13-5 Family and Medical Leave Act
Blooms: Comprehension
34. CASE 13.2, EEOC v. Abercrombie & Fitch Stores, Inc. (2013) involved a question of whether a clothing retailer
violated Title VII when it refused to hire a Muslim woman-applicant because she wore a head scarf in violation of its
company dress code, and whether the applicant gave proper notice of a religious accommodation. How did the court rule?
a.
That the employer did not violate Title VII because the employer did not have to accommodate the wearing of
the scarf because wearing the scarf involved a cultural practice, not a practice required by the potential
employee’s religion.
b.
That the employer did not violate Title VII because the employer did not have to accommodate the wearing of
the scarf because the employer established that it did not involve a sincerely held religious belief on the part of
the potential employee.
c.
That the employer did not violate Title VII because the employer did not have to accommodate the wearing of
the scarf because such accommodation would place an undue hardship on the employer.
d.
That the employer did not violate Title VII because the applicant failed to give proper notice of a religious
accommodation.
d
1
Challenging
United States – BUSBROG: – Analytic
DISC – AICPA: BB-Legal
13–2e Special Applications of Title VII
Blooms: Analysis
35. In the Holcomb v. Iona College case referenced in the text, a white assistant coach of a college basketball team alleged
he was fired because he was married to an African American woman, and sued the college for violation of Title VII. How
did the court rule?
a.
The court ruled that Title VII was inapplicable to such claims.
b.
The court ruled that Title VII was inapplicable because a private college, as opposed to a public college, was
involved.
c.
The court ruled that Title VII protects the parties involved in a racially mixed marriage, but that in other
situations, such as dating relationships, Title VII would not apply.
d.
The court ruled that Title VII protects employees from discrimination based on their association with a person
of a different race.
d
1
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13–2e Special Applications of Title VII
Blooms: Analysis
36. In the International Union United Automobile, Aerospace & Agriculture Implement Workers of America, UAW v.
Johnson Controls, Inc. case referenced in the text, employer Johnson Controls had a ‘fetal protection policy’ that
essentially barred women from working in unsafe working environments unless the employee could medically document
her inability to bear children. How did the U.S. Supreme Court rule?
a.
That the policy was a facially discriminatory policy forbidden under Title VII because it did not also apply to
the reproductive capacity of male employees.
b.
That the policy was a facially discriminatory policy forbidden under Title VII unless the employer had
13–2f Defenses under Title VII
Blooms: Analysis
documented proof that the exposure would likely harm a developing fetus.
c.
That the policy was allowable under Title VII unless the female employee had documented proof that the
exposure would not likely harm a developing fetus.
d.
That the policy was allowable under Title VII so long as the employer had a good faith belief that the exposure
would harm a developing fetus.
37. In the Price Waterhouse v. Hopkins case referenced in the text, a female was denied partnership in an accounting firm
after being told that to improve her chances for partnership, she should walk more femininely, talk more femininely, dress
more femininely, wear make–up, have her hair styled, and wear jewelry. How did the U.S. Supreme Court rule?
a.
That the employer committed sexual stereotyping constituting illegal discrimination.
b.
That the employer committed sexual stereotyping, but that such stereotyping did not constitute illegal
discrimination.
c.
That the employer committed sexual stereotyping but that in such cases, only nominal (minimal) damages are
available.
d.
That while such statements constituted sexual stereotyping, the employer could avoid liability if it could show
that it had received client complaints regarding the female’s masculine-type qualities.
a
1
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
13-2 Special Applications of Title VII
Blooms: Analysis
38. Denial of promotion in retaliation for a person’s refusal to respond to his or her supervisor’s sexual advances is
referred to as __________ harassment.
a.
sina qua non
b.
quid pro quo
c.
actual
d.
constructive
b
1
Moderate
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
13–2b Harassment
Blooms: Application
39. The plaintiff in the Thompson v. North American Stainless, LP case referenced in the text, alleged he was fired as a
retaliatory action because his finance had filed a complaint of discrimination against their mutual employer. The employer
alleged he had no cause of action. How did the US. Supreme Court rule?
a
1
Challenging
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
13-2 Special Applications of Title VII
Blooms: Analysis
a.
The case was dismissed because the man was not personally subjected to discrimination.
b.
The case was dismissed because the man was not personally subjected to discrimination and was not married
to the person discriminated against.
c.
The Court ruled that the man was in the “zone of interests” and could sue for retaliation, but that his remedies
were limited to reinstatement.
d.
The Court ruled that the man was in the “zone of interests” and could sue for retaliation without limitation to
his remedies.
40. In the Chevron USA, Inc. v. Echazabal case discussed in the text, the plaintiff claimed Chevron violated his rights
under the ADA when it refused to allow him to work in its refinery because of plaintiff’s liver disease and concerns
regarding his health. How did the U.S. Supreme Court rule?
a.
The Court ruled that under the ADA an employer is authorized to refuse to hire an individual if the individual’s
performance on the job would endanger his or her own health owing to a disability.
b.
The Court ruled that under the ADA an employer is only authorized to refuse to hire an individual if the
individual’s performance on the job would in any manner endanger another employee’s health.
c.
The Court ruled that under the ADA an employer is only authorized to refuse to hire an individual if he or she
has a communicable disease.
d.
The Court ruled that under the ADA an employer may not take into consideration a health condition that
would present a problem to the applicant or others. The employer may only consider whether the applicant has
the skills to do the job.
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13–4d Defenses under the ADA
Blooms: Analysis
41. The __________ is the primary enforcer of civil rights legislation in the United States.
a.
Department of Commerce
b.
Department of the Treasury
c.
Equal Employment Opportunity Commission (EEOC)
d.
Section 1981 requirement
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13–1a Enforcement
Blooms: Comprehension
d
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13–2d Retaliation
Blooms: Analysis
42. In quid pro quo sexual harassment cases and hostile environment cases, the employer is always vicariously liable
under the __________ standard when a supervisor takes a tangible employment action against a subordinate.
a.
negligence-in-support-relation
b.
aided-in-the-agency-relation
c.
federal-directive
d.
assisted-in-the-creation
43. Under the EEOC, gender will qualify as a BFOQ where a gender-based restriction is based on:
a.
assumptions of the comparative employment characteristics of women in general.
b.
the rights of others to privacy.
c.
stereotyped characterizations of the sexes.
d.
sex but not age.
b
1
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13–2f Defenses under Title VII
Blooms: Application
44. The principal federal law prohibiting discrimination in employment on the basis of age is:
a.
Title VII.
b.
ADEA.
c.
OWBPA.
d.
EEOC.
b
1
Easy
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13-1 Overview of Civil Rights Legislation
Blooms: Compehension
45. Under federal law, individuals under the age _____ have no protection from discrimination based on age.
a.
40
b.
50
c.
55
d.
60
a
b
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13–2b Harassment
Blooms: Application
46. Leave under the Family and Medical Leave Act is:
a.
paid leave.
b.
unpaid leave.
c.
paid leave for 3 weeks and then unpaid.
d.
paid leave for 10 weeks and then unpaid.
b
1
Moderate
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
13-5 Family and Medical Leave Act
Blooms: Comprehension
47. __________ includes demotions, reductions in pay or other actions that affect an employee’s status in a tangible
manner.
a.
Accommodation
b.
Quid pro quo
c.
Notice of right to sue
d.
Adverse employment action
d
1
Moderate
NATIONAL STANDARDS:
United States – BUSPROG: – ANALYTIC
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
13–1b Definition of Adverse Employment Action
Blooms: Application
48. Under the Family and Medical Leave Act, eligible employees are entitled to _____ weeks of leave per year.
a.
10
b.
20
c.
12
d.
5
c
1
Easy
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
13-5 Family and Medical Leave Act
Blooms: Comprehension
1
Moderate
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
Exhibit 13.1 Major Pieces of Federal Legislation
Blooms: Knowledge
49. In CASE 13.1 Green v. Franklin National Bank of Minneapolis (2006), plaintiff sued her employer-Bank after a co–
worker repeatedly called her “monkey” and used other slurs. In its decision, the court held for the __________, ruling that
__________.
a.
plaintiff, the statements were sufficient to create a “racially hostile”work environment and that the plaintiff
could recover regardless of whether the defending employer took prompt and appropriate remedial action
against the offending employee.
b.
plaintiff, the statements were sufficient to create a “racially hostile” work environment but that the plaintiff
could not recover because the defending employer took prompt and appropriate remedial action against the
offending employee.
c.
bank, the statements were insufficient to create a “racially hostile” work environment.
d.
bank, the statements were insufficient to create a “racially hostile” work environment and also that the plaintiff
failed to follow the employer’s complaint procedure.
50. Which of the following does Executive Order 11246 require that federal contractors include in every nonexempt
government contract?
a.
An agreement not to discriminate in employment on the basis of race, color, religion, sex, or national origin.
b.
An agreement to hire a certain quota of minorities.
c.
An agreement to perform audits of discriminatory practices.
d.
An agreement to hire a certain quota of minorities and an agreement to perform audits of discriminatory
practices.
a
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13-7 Affirmative Action
Blooms: Comprehension
51. An impairment is a disability under the ADA only if it__________ an individual’s ability to perform __________ as
compared with most people in the general population.
a.
completely prohibits, a major life activity
b.
excludes, a major life activity
c.
substantially limits, a major life activity
d.
impairs in any way, any life activity
c
1
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
13–4b Definition of Disability
b
1
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
13–2b Harassment
Blooms: Analysis
52. Which of the following is true regarding India’s discrimination protection?
a.
Indian anti-discrimination law has developed quickly since the implementation of the Indian Constitution.
b.
Because of strongly held citizen beliefs, the Indian government has not taken action in regard to the
employment of lower caste members.
c.
The Indian Supreme Court recognized sexual harassment in the workplace as a personal injury to the affected
woman and a violation of her fundamental human rights.
d.
While India has not indicated a significant interest in protecting the rights of women, the India Supreme Court
issued a specific directive prohibiting age discrimination.
1
United States – AACSB: Diversity
DISC: – AICPA: BB-Legal
Global View: Globalization, Cultural Norms, and Workplace Discrimination
Blooms: Comprehension
53. Which of the following is true regarding Japan’s discrimination protection?
a.
The Japanese constitution does not address discrimination.
b.
Japanese statutory law prohibits discrimination on the basis of race and national origin.
c.
Japanese statutory law prohibits sex discrimination.
d.
Japanese law does not address employment discrimination in regard to hiring based on age.
1
United States – AACSB: Diversity
DISC: – AICPA: BB-Legal
Global View: Globalization, Cultural Norms, and Workplace Discrimination
Blooms: Comprehension
54. Richard is starting a new security service. He tells his attorney, Kiera, that while he plans to prohibit all acts of
discrimination and harassment, he cannot be all places at all times. Richard asks Kiera if there is anything he can do to
limit his liability. What should she tell him?
a.
She should tell him that he has nothing to worry about because as long as he has a rule prohibiting harassment,
he cannot be held liable for acts of supervisors.
b.
She should tell him that there is nothing he can do because under the law, he is automatically liable for any
acts of harassment committed by supervisors.
c.
She should tell him that he should have a policy provided to all employees offering to correct any offensive
conduct, and that an unreasonable failure by an employee to take advantage of corrective opportunities offered
through the policy would help him avoid liability.
d.
She should tell him that he should take advantage of a loophole in Title VII that allows business owners to opt
out of the harassment provisions of Title VII.
1
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
Blooms: Application
55. Miranda is a cashier at Super Store. Saturday is their busiest day. She tells her supervisor Sam that she needs to be off
every Saturday because that is the religious holiday for the religion to which she has recently converted. What are Sam’s
obligations to Miranda?
a.
He has an absolute obligation under the law to let her off every Saturday unless he can prove that she is not
using the time for religious observance.
b.
He cannot fire her based on her religious beliefs, but he has no duty to let her off on the busiest day of the
week.
c.
Under the law, he must allow her to be off as requested, but only if she can establish that under the tenants of
her religious beliefs she is doomed if she does not attend worship services regularly.
d.
He must make reasonable accommodations for her unless doing so would cause undue hardship on the
business.
c
1
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
13–2c Duty to Accommodate Religious Beliefs
Blooms: Analysis
56. Trudy, a female manager at ABC Company, was surprised to learn that one of her male employees had accused her of
sexual harassment. Trudy denied all charges. After a long and expensive battle in court, the jury ruled in favor of ABC
Company on all charges. A few days after the trial, Trudy’s supervisor fired her for no apparent reason. Trudy obtained
evidence in the form of interoffice memos that she was fired because of the charges brought against her. Trudy thought
that was unfair because she was completely vindicated by the jury. Are any remedies available to her under Title VII?
a.
No remedies are available to her under Title VII because it only protects victims of discrimination and
harassment along with witnesses testifying in support.
b.
Trudy can sue under Title VII only if she can establish that men had been treated differently when accused of
harassment.
c.
Trudy can sue under Title VII only if she can establish the existence of an employment contract whereby she
can only be discharged for just cause.
d.
At least one court has ruled that Trudy has a cause of action under Title VII based upon retaliation.
d
1
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
13–2d Retaliation
Blooms: Analysis
Fact Pattern 13-1
Sam, who is age 60, was told by Big Company that he was being laid off. Sam was offered a severance package of $5,000
if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act. Sam believed
that his age was a factor in the decision to lay him off; but he really needed the money, so he signed an agreement
whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age
Responsible Manager: Honoring Employees’ Civil Rights
Blooms: Application
57. Refer to Fact Pattern 13–1. Did the agreement Sam signed comply with the Older Workers’ Benefit Protection Act?
a.
No, because it did not give Sam at least twenty–one days to consider whether to enter into the agreement.
b.
No, because it did not give Sam at least seven days following execution of the agreement during which he
could revoke it.
c.
No, because it did not give Sam at least twenty–one days to consider whether to enter into the agreement, and
also because it did not give Sam at least seven days following execution of the agreement during which he
could revoke it.
d.
Yes, it complied with the act.
c
1
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
13–3b Older Workers’ Benefit Protection Act
Blooms: Analysis
58. Refer to Fact Pattern 13–1. Does Sam have any rights to sue Big Company for age discrimination?
a.
No.
b.
Yes, because although the agreement complied with the Older Workers’ Benefit Protection Act, Sam has six
months in which to renounce the agreement and sue for age discrimination.
c.
Yes, because the agreement did not comply with the Older Workers’ Benefit Protection Act, Sam can sue the
company for age discrimination but only if he returns the severance payment.
d.
Yes, because the agreement did not comply with the Older Workers’ Benefit Protection Act, Sam can sue the
company for age discrimination without having to return the severance payment.
d
1
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
13–3d Remedies under the ADEA
Blooms: Analysis
59. Sneaky opened a new dress shop catering to college aged students. Sneaky advertised for sales associates but would
only hire applicants who had been trained in computer skills in high school. Sally, age 50, was denied employment on the
basis that although she was highly skilled in computer usage, she obtained her training after high school. Computer
training was not available in Sally’s high school nor was it typically available in high schools during that time period.
Sally sued for age discrimination. Sneaky denied liability pointing out that his advertisement only referred to computer
training. It in no way referenced an age requirement. Sneaky claimed that the fact that all his associates were younger was
simply a coincidence. Which of the following is true regarding Sally’s claim?
a.
Sneaky should win because he was entitled to require high-school based computer training.
b.
Sneaky should win unless Sally can obtain evidence that Sneaky intentionally used the requirement to
discriminate based upon age.
c.
Sally should win under a disparate treatment theory if she can show that the requirement systematically
excludes individuals protected by the Age Discrimination in Employment Act.
d.
Sally should win under a disparate impact theory if she can show that the requirement systematically excludes
individuals protected by the Age Discrimination in Employment Act.
60. Discuss in detail the response of the EEOC in regard to the protection from discrimination of temporary workers
supplied by an employment agency along with remedies available to temporary employees suffering discrimination.
compensatory and punitive damages.
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Analysis
61. Set forth the categories of individuals classified as disabled under the Americans with Disabilities Act.
more of that person’s major life activities, or (3) a person who is regarded as having such
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Comprehension
62. Specifically set forth what courts consider in order to determine whether there is a hostile or abusive work
environment.
whether it is physically threatening or humiliating, or merely an offensive utterance; and
(3) whether it unreasonably interferes with the employee’s work performance.
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
United States – BUSPROG: – ANALYTIC
Blooms: Analysis
63. Bob, age 60, works at Big Company as an assistant manager and has been approached by his supervisor, Sue, on
several occasions for a date. She makes lewd and inappropriate comments to him that are very embarrassing. Bob
complained to Selina, the president of Big Company, but no action was taken. In fact, Selina told him that he should feel
lucky that Sue was interested in an old guy like him and proceeded to tell several jokes involving age and sexual
performance. Again, Bob was humiliated and embarrassed. Bob complained to the Equal Employment Commission
regarding what he believed was inappropriate conduct involving the requests for dates, and references to sex and age.
Selina was told by the Commission representative that she needed to put a stop to inappropriate behavior. A few days
later, Bob was told that he was being demoted. He was replaced by a 25 year old female. What causes of action, if any,
would Bob have?
64. Susan goes to work for Fashion Company, a U.S. company that has a branch in a repressive Middle Eastern country.
Susan agrees to transfer to the Middle Eastern country. After working there for several months she notices that men who
are less qualified are promoted to managerial jobs for which she has applied. Susan tells her supervisor, Will, that she is
going to sue the company under Title VII because she is being discriminated against on the basis of her sex. He tells her to
forget it because Title VII does not apply outside the U.S. He also tells her that even if he wanted to promote her, which
he does not, the law in the Middle Eastern country prohibits the promotion of women into managerial positions. Susan
tells him that he is nuts because she is fully protected as a U.S. citizen working for a U.S. company. Who is right and
why?