Chapter 21 Customer preference is a justification for discrimination

subject Type Homework Help
subject Pages 14
subject Words 2915
subject Authors Marianne M. Jennings

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1. The Equal Pay Act addressed only the issue of wage discrimination.
a. True
b. False
2. Sex discrimination complaints are the most common type of employment discrimination complaints.
a. True
b. False
3. The Equal Employment Opportunity Act and the Pregnancy Discrimination Act are amendments to Title VII.
a. True
b. False
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4. Labor unions are exempt from Title VII.
a. True
b. False
5. All employers are covered under Title VII.
a. True
b. False
6. State agencies are covered under Title VII.
a. True
b. False
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7. The Lilly Ledbetter Fair Pay Act states that each paycheck triggers a new 180-day filing period to sue.
a. True
b. False
8. Federal agencies are exempt from Title VII.
a. True
b. False
9. The Ricci case held that the fear of litigation alone can justify an employers reliance on race to discriminate
against other qualified employees.
a. True
b. False
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10. Categories protected against discrimination under Title VII include race, color, sex and sexual orientation.
a. True
b. False
11. Only the hiring process is covered under Title VII.
a. True
b. False
12. Disparate treatment requires proof that there was a discriminatory reason for the employment decision.
a. True
b. False
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13. McDonnell Douglas v. Green was the U.S. Supreme Court case that established the elements of proof for a
disparate treatment case.
a. True
b. False
14. Disparate impact cases require proof of the same elements as disparate treatment cases.
a. True
b. False
15. Pattern or practice of discrimination is discrimination against a group rather than a person.
a. True
b. False
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16. Customer preference is a justification for discrimination on the basis of sex.
a. True
b. False
17. Sexual harassment requires proof of physical contact.
a. True
b. False
18. Under the Pregnancy Discrimination Act, employers are not prohibited from requiring pregnant employees to stop
employment at a certain time during the pregnancy.
a. True
b. False
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19. The Family Medical and Leave Act provides twelve weeks of paid leave in certain circumstances.
a. True
b. False
20. An insurance company that prohibits female employees from working as estimators, but not men has discriminated
by disparate treatment.
a. True
b. False
21. Under the Pregnancy Discrimination Act, a mother returning to work after maternity leave cannot be demoted.
a. True
b. False
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22. Religious discrimination is permitted by churches when they are inter-viewing for a pastor.
a. True
b. False
23. Employers are required to make reasonable accommodations for employees' religious beliefs and practices.
a. True
b. False
24. Affirmative action programs are required under Title VII.
a. True
b. False
25. The BFOQ defense to discrimination charges is very broad.
a. True
b. False
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26. Seniority and merit systems are not subject to Title VII prohibitions.
a. True
b. False
27. Under Title VII, employers cannot use aptitude tests.
a. True
b. False
28. The EEOC is responsible for enforcement of Title VII.
a. True
b. False
29. A right-to-sue letter is given after administrative remedies are exhausted.
a. True
b. False
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30. Title VII remedies include back pay and punitive damages.
a. True
b. False
31. The Age Discrimination Act protects those who are 40 to 75 years old.
a. True
b. False
32. The Rehabilitation Act of 1973 applies to all employers.
a. True
b. False
33. Quota programs are permissible under affirmative action.
a. True
b. False
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34. Title VII provisions do not apply to decisions on admitting employees as partners.
a. True
b. False
35. The Americans with Disabilities Act applies to all employers.
a. True
b. False
36. Seniority systems can still be used under Title VII.
a. True
b. False
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37. The Rehabilitation Act of 1973 applies to all employers.
a. True
b. False
38. The ADA prohibits discrimination on the basis of disability against otherwise qualified applicants.
a. True
b. False
39. Quid pro quo is a form of sexual harassment.
a. True
b. False
40. An atmosphere of harassment can result in employer liability even if the employer is unaware of specific claims.
a. True
b. False
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41. Reasonable accommodation is required of employers when employee's religious beliefs interfere with work
schedules.
a. True
b. False
42. The Family Medical and Leave Act provides for a paid 12-week leave for family illness, birth, or adoption.
a. True
b. False
43. The ADA mandates employer expenses for reasonable accommodations for employees with disabilities.
a. True
b. False
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44. Costco violated Title VII in Cloutier v. Costco by not giving a reasonable accommodation to one of its employees.
a. True
b. False
45. "Can you lift 20 pounds without use of that arm?" is a job interview question that violates the ADA.
a. True
b. False
46. The Family Medical and Leave Act applies only to women.
a. True
b. False
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47. Employee misconduct is a defense to discrimination charges even if the misconduct was not known at the time of
the alleged discrimination.
a. True
b. False
48. Title VII does not apply to U.S. corporations' operations in other countries.
a. True
b. False
49. An employer rule prohibiting female employees from attending law school at night while allowing men to do so is an
example of disparate treatment discrimination.
a. True
b. False
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50. The presence of sexually suggestive e-mails on an employer's e-mail system can be the basis of a claim for
atmosphere of harassment.
a. True
b. False
51. Employers are vicariously liable for the sexual harassment of their employees.
a. True
b. False
52. The only employers required to have affirmative action plans are government agencies.
a. True
b. False
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53. An affirmative action plan is invalid unless approved by a federal district court.
a. True
b. False
54. Title VII discrimination provisions apply only to employers with 50 or more employees.
a. True
b. False
55. Seniority and merit systems are void under Title VII.
a. True
b. False
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56. Lying by an employee on an employment application is a complete defense to a later charge of discrimination by
that employee.
a. True
b. False
57. The statute of limitations on EEOA claims is four years.
a. True
b. False
58. Which statute is not an amendment to Title VII?
a. Equal Pay Act
b. Equal Employment Opportunity Act
c. Pregnancy Discrimination Act
d. All of the above are amendments to Title VII.
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59. Which are not subject to Title VII?
a. employers with at least 15 year-round workers
b. labor unions with a hiring hall
c. labor unions with 15 or more members
d. employment agencies
e. All of the above are subject to Title VII.
60. Which of the following employers are not subject to Title VII?
a. Congress
b. defense contractors
c. religious corporations when hiring clerical personnel
d. None of the above is subject to Title VII.
61. What is required to establish a prima facie case for disparate treatment?
a. plaintiff must belong to a minority group
b. plaintiff must have been qualified for the job
c. a minority was not hired
d. a and b only
e. a, b, and c
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62. A disparate impact case:
a. requires the same proof as a disparate treatment case.
b. does not apply to promotions.
c. requires proof of intent to discriminate.
d. does not apply if a reasonable rule produces the disparate impact.
e. none of the above
63. The pattern or practice of discrimination cases:
a. requires proof of intent to discriminate.
b. places the burden of proof on the employer.
c. often involves statistical comparisons of the general population and the employer's work force.
d. none of the above
64. A bona fide occupational qualification is a defense to discrimination charges if:
a. it can be established that customer preference is the basis for discrimination.
b. the job can be established as too strenuous for women.
c. it is customary for a woman to hold the job.
d. none of the above

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