1. The Civil Rights Act of 1964 prohibits job discrimination on the basis of
intelligence.
1. Any employee, except an undocumented alien, can bring an action for
employment discrimination.
1. Disparate-treatment discrimination occurs when an employer intentionally
discriminates against an employee who is a member of a protected
class.
1. The Civil Rights Act of 1964 does not prohibit job discrimination on
the basis of national origin.
1. The Civil Rights Act of 1964 prohibits job discrimination against majority
group individuals, such as white males.
1. Employers cannot forbid their employees from participating in any relig–
ious activity.
1. Federal law does not prohibit employers from engaging in gender–
based wage discrimination.
1. Each time a person is paid discriminatory wages, benefits, or other
compensation, a cause of action arises.
1. Constructive discharge is a theory that plaintiffs can use to establish
any type of discrimination claims under the Civil Rights Act of 1964.
1. Sexual harassment occurs when sexual favors are demanded in return
for job opportunities, promotions, salary increases, or other benefits.
1. 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.
1. An employer may be liable for the harassment of nonemployees if the
employer knew about the harassment and failed to take corrective
action.
1. There is no cap on damages for discrimination in violation of the Civil
Rights Act of 1964.
1. Under the Age Discrimination in Employment Act of 1967, a plaintiff
must show only that unlawful discrimination was the reason for an ad-
verse employment action.
1. 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.
1. State employers are not immune from private suits brought by employ–
ees under the Americans with Disabilities Act of 1990.
1. The Americans with Disabilities Act of 1990 defines persons with
disabilities as persons with physical or mental impairments that
“substantially limit” their everyday activities.
1. If a job applicant or an employee with a disability, with reasonable ac–
commodation, can perform essential job functions, the employer must
make the accommodation.
1. 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.
1. Under current law, an employer must adopt an affirmative action plan.
1. 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 stat–
ute 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. Kit, manager of Long-Term Care Company’s office in Metro City, de–
cides 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.Refer to Fact Pattern 22–1B. 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.
1. Kit, manager of Long-Term Care Company’s office in Metro City, de–
cides 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.Refer to Fact Pattern 22-1B.
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.
1. 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.
1. Svetlana, a fifty-five-year-old member of a racial minority with a disabil–
ity, 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.
1. Ida replaces Hector in his job at Grocers Market Corporation (GMC).
Refer to Fact Pattern 22-2B. Hector believes that he has been discrimi–
nated 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.
1. Ida replaces Hector in his job at Grocers Market Corporation
(GMC). Refer to Fact Pattern 22-2B. 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.
1. Paula, a disabled person, applies for a job at Quantity Corporation for
which she is well qualified, but for which she is rejected. Quantity con–
tinues 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.
1. 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.
1. 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.
1. 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.
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. 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.
1. 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.
1. 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 communica–
tion 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?
1.#