Chapter 22a An employer’s discrimination against job applicants or employees

1. An employer’s discrimination against job applicants or employees on

certain grounds may violate federal law.

1. The Civil Rights Act of 1964 does not prohibit job discrimination in the

hiring process.

1. Disparate-impact discrimination occurs when a protected group of peo–

ple is adversely affected by an employer’s practices, even though they

do not appear to be discriminatory.

1. Making out a prima facie case of discrimination means that a plaintiff

has met his or her initial burden of proof.

1. The Civil Rights Act of 1964 does not protect against reverse

discrimination.

1. Employers can treat their employees more or less favorably based on

their religious beliefs or practices.

1. Federal law does not prohibit discrimination on the basis of gender in

assessing an employee’s education, training, or experience.

1. A plaintiff alleging wage discrimination must file a complaint within a

certain period of time of the decision that set the discriminatory pay.

1. An employee’s resignation must be the foreseeable result of an em–

ployer’s discriminatory action to support a showing of constructive

discharge.

1. A tangible employment action is a significant change in employment

status or benefits.

1. 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.

1. When the harassment of co-workers creates a hostile working environ–

ment, an employee may have a cause of action against the employer.

1. 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.

1. 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.

1. Under the Age Discrimination in Employment Act of 1967, a plaintiff

must prove that he or she was replaced by a person “outside the pro–

tected class.”

1. State employers are not immune from private suits brought by employ–

ees under the Age Discrimination in Employment Act of 1967.

1. Employers can consider mitigating measures or medications when de–

termining if an individual has a disability that fits the definition in the

Americans with Disabilities Act of 1990.

1. The Americans with Disabilities Act of 1990 requires that employers ac–

commodate the needs of applicants or employees with disabilities who

are not otherwise qualified for the work

1. Employers who do not accommodate the needs of persons with disabili–

ties must demonstrate that the accommodations would cause undue

hardship.

1. An employer may defend against a claim of unintentional discrimination

by asserting that a practice that has a discriminatory effect is a busi–

ness necessity.

1. Origami Paper Products Corporation meets all of the requirements to be

subject to the federal employment discrimination laws. These laws re–

strict the ability of employers to discriminate against workers on the

basis of

a. experience.

b. gender.

c. intelligence.

d. skill.

1. 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.

1. Dakota believes that Credit Services Corporation (CSC) has discrimi-

nated 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.

1. 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.

1. 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.Refer

to Fact Pattern 22-1A. 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.

1. 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.Refer

to Fact Pattern 22–1A. 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.

1. 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.

1. 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.

1. Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs em–

ployee. 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.

1. Fix-It Repair Shop does not take any action to prevent sexual harass–

ment 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. Eton files a suit in a federal district court against Florida, alleging em–

ployment 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.

1. 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.

1. 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.Refer to Fact Pattern 22-2A. 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.

1. 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.Refer to Fact Pattern 22-2A. 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.

1. 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.

1. 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 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.

1. 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 manu–

facturers, 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?

1. 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.

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