73) The 14th Amendment to the U.S. Constitution led to the establishment of the EEOC.
74) Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers,
including all public or private employers of 15 or more persons.
75) The EEOC receives and investigates job discrimination complaints from aggrieved
individuals.
76) Only an aggrieved individual can file job discrimination charges against a business.
77) The Age Discrimination in Employment Act of 1967 makes it unlawful to discriminate
against employees of federal, state, and local agencies who are between 40 and 65 years of age;
however, the law does not apply to private businesses.
78) In O’Connor v. Consolidated Coin Caterers Corp., the Supreme Court held that an employee
who is over 40 may sue for discrimination if he or she is replaced by a “significantly younger”
employee, even if the replacement is also over 40.
79) If a business offers its employees disability coverage, then pregnancy and childbirth must be
treated like any other disability and included in the plan as a covered condition.
80) Title VII forbids the testing or screening of job applicants because testing systematically
discriminates against certain protected classes.
81) The Civil Rights Act of 1991 makes it more difficult for plaintiffs to sue for monetary
damages in cases of disparate treatment.
82) The Americans with Disabilities Act of 1990 does not list specific disabilities but provides
impairment guidelines instead.
83) Being disabled qualifies an individual for a job.
84) Mental disabilities, such as depression and anxiety disorders, account for the greatest number
of claims brought under the ADA.
85) According to the ADA, firms must employ all disabled individuals who apply for positions
and provide them with job training when necessary.
86) According to GINA, health insurers and employers are prohibited from discriminating based
on people’s genetic information.
87) To prove sexual harassment, it is necessary to show that the harassment had tangible
consequences such as demotion or termination.
88) Research indicates that more women than men find socio-sexual behaviors at work to be
flattering rather than offensive.
89) Under the Civil Rights Act of 1991, disparate impact claims require proof of discriminatory
intent.
90) The McDonnell-Douglas test is a procedure used by federal agencies to assess disparate
impact.
91) The restricted policy approach involves demonstrating that an employer’s hiring practices
either intentionally or unintentionally exclude members of a protected group.
92) Shippers Express is accused of adverse impact on a protected group. Eighty percent of all
male applicants are hired, but only 50% of female applicants are hired. Using the formula for
disparate rejection rates, adverse impact cannot be shown.
93) Utilization analysis compares the percentage of minority employees at a firm with the
number of similarly trained minorities available in the relevant labor market.
94) Employers frequently use a bona fide occupation qualification as a defense against charges
of intentional discrimination based on gender rather than factors such as age or religion.
95) The Age Discrimination in Employment Act prohibits the use of age as a BFOQ for any type
of employment.
96) Under no circumstances may religion be used as a bona fide occupational qualification
(BFOQ).
97) According to federal laws, asking job candidates about their marital status is not illegal;
however, a firm needs to be able to defend the practice as a BFOQ to avoid raising
discrimination issues.
98) Courts have ruled that educational qualifications are illegal when the qualifications are not
job related.
99) According to the Lilly Ledbetter Fair Pay Act, employees must file pay discrimination
claims within 60 days after the alleged incident occurred or a claim cannot be filed.
100) Alternative dispute resolution is a grievance procedure that provides for non-binding
arbitration in employment discrimination claims.
101) Managing diversity means maximizing diversity’s potential benefits while minimizing the
potential problems of diversity that can undermine a firm’s performance.
102) What is the significance of Title VII? What has been the effect of Title VII on the modern
workforce and diversity management?
103) What were the three crucial guidelines affecting equal employment legislation that Chief
Justice Burger identified in his written opinion on Griggs v. Duke Power Company?
104) In a brief essay, describe how the ADA Amendments Act of 2008 affects both employers
and employees.
105) What are the three primary ways that an individual can prove sexual harassment? Name and
describe each one in a brief essay.
106) What are the two primary arguments available to employers when defending against sexual
harassment liability? What two defenses are available to employers fighting discriminatory
practice allegations?
107) What steps can an employee take to address the problem of sexual harassment in the work
place?
108) Compare and contrast disparate treatment and disparate impact.
109) What are the methods an applicant or employee can use to show that an employer’s
procedures (such as a selection test) have an adverse impact on a protected group?
110) How can managers help firms avoid claims of discrimination? What laws are especially
important for managers to understand in order to avoid triggering discrimination claims?