Chapter 3
OVERVIEW OF EMPLOYMENT DISCRIMINATION
Test Bank Questions, 5e
MULTIPLE CHOICE QUESTIONS
1. Which of the following is true regarding discrimination?
a. the number of discrimination claims filed has decreased over the past decade as
employers have paid more attention to promoting diversity in the workplace
b. discrimination has become more subtle and difficult to eliminate in recent years
c. the main challenge in confronting discrimination is to get women and persons of
color into workplaces; they can take it from there
d. discrimination occurs anytime that persons are treated unequally or unfairly in the
workplace
e. none of the above
2. Which of the following is a protected class characteristic?
a. religion
b. height
c. intelligence
d. management status
e. all of the above
3. Which of the following is true? Title VII of the Civil Rights Act:
a. protects employees against discrimination based on race, sex, national origin, and
disability
b. applies to employers that have 15 or more employees
c. protects employees against discrimination based on sexual orientation
d. protects employees against discrimination based on height, weight and physical
appearance
e. all of the above
4. In disparate treatment cases:
a. the focus is on proving the employer’s discriminatory intent
b. the focus is on showing the discriminatory effects of the employer’s actions
c. the focus is on showing that unfair treatment occurred
d. the focus is on showing that the employer holds racist or sexist views
e. the focus is on showing that the employer was trying to get back at the employee
for something the employee did
5. Which of the following must be shown in order to establish a prima facie case of
retaliation?
a. that the employee was replaced by someone with differing protected class
characteristics
b. that the employee lost an employment opportunity shortly after engaging in
protected activity
c. that the employer’s action was based on the employee’s race, sex, or other
protected class characteristic
d. that the employer’s action was based on a disagreement with a superior and that
the firing was unrelated to quality of the employee’s job performance
e. all of the above
6. Three employees working for the same company were found to have stolen company
cargo. Two of the employees were white, and one was black. The two white employees
were fired, but not the black employee. If the white employees sue, the court will most
likely decide:
a. for the employer, because the employees were guilty of theft
b. for the employer, because the employees were employees at will
c. for the employee, because the employer treated him differently based on his race
d. for the employee, because his employer was within its discretion to fire some, but
not all employees guilty of theft
7. Regarding cases alleging disparate treatment and pretext, it is correct to say:
a. disparate treatment is unintentional or accidental
b. evidence in a pretext case can be either direct or circumstantial
c. the employer has violated Title VII if it would not have made the same decision
absent the discriminatory motive
d. they are relatively rare and with current legislation are not likely to be significant
in the future
8. Which of the following is among the things that a plaintiff must show in order to
establish a prima facie case of disparate treatment in a pretext case?
a. proof that the employer intended to discriminate
b. proof that the employer’s stated motive is not credible
c. statistical evidence of discriminatory effects
d. all of the above
e. none of the above
9. The key element in disparate treatment is discriminatory intent. In this context, that
means that:
a. the decision-maker made the decision with intent to harm
b. the decision-maker made the decision with intent to break the law
c. the decision-maker made the decision in whole or in part based on the protected
class characteristic of the employee
d. none of these
10. A firm had been sued and found guilty of religious discrimination against people who
practiced Judaism, and managers were instructed to be very careful to avoid another
similar suit. To that end, Jewish employees, but not others, were given raises. Of the
following, what is the most correct assessment of this policy?
a. the policy is sound, both legally and ethically
b. the policy is sound legally, but not ethically
c. the policy is neither legally nor ethically sound
d. none of these
11. Which of the following is a type of disparate treatment?
a. adverse impact
b. retaliation
c. both of the above
d. none of the above
12. In an adverse impact case, if an employer can show that a challenged employment
practice is job related and consistent with business necessity, the plaintiff can still win by
showing that:
a. there is an alternative practice that would have less discriminatory effects, but the
employer declines to use it
b. the employer has engaged in a pattern or practice of discrimination
c. the difference in selection rates across protected class groups is statistically
significant
d. the four-fifth’s rule has been violated
e. there is additional evidence of a discriminatory motive
13. Which of the following is a neutral requirement that is likely to result in adverse impact?
a. race
b. language requirement
c. physical strength test
d. b and c
e. all of the above
14. Protected activity in a retaliation claim under Title VII includes:
a. peaceful protests opposing an employer’s alleged discrimination
b. testifying in court about another employee’s discrimination claim
c. knowingly filing a false discrimination charge against an employer
d. all of the above
e. none of the above
15. For a disparate treatment case involving pretext, which is the correct order of proof?
a. plaintiff’s prima facie case, defendant’s lawful motive, plaintiff’s additional
evidence supporting discriminatory intent
b. plaintiff’s evidence supporting discriminatory intent, defendant’s lawful motive,
plaintiff’s prima facie case
c. plaintiff’s primary evidence, defendant’s primary evidence, plaintiff’s rebuttal
showing discriminatory motive
d. none of these
16. Of the elements necessary to prove a case of disparate treatment involving pretext, which
of the following is NOT required?
a. plaintiff applied for the employment opportunity
b. plaintiff was qualified for the employment opportunity
c. plaintiff was not hired for the employment opportunity
d. plaintiff was as qualified for the employment opportunity as the person hired
17. In disparate impact cases:
a. the focus is on proving the employer’s discriminatory intent
b. the focus is on showing the discriminatory effects of the employer’s actions
c. the focus is on showing that unfair treatment occurred
d. the focus is on showing that the employer holds racist or sexist views
e. the focus is on showing that the employer was trying to get back at the employee
for something the employee did
18. An experienced female crane operator just hired by a new firm was told it was company
policy that crane operators urinate over the side of their cranes rather than stop work.
The same policy applied to male crane operators. She objected to the policy, was offered
alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim
for sex discrimination?
a. No, because practice is neutral, and therefore non-discriminatory.
b. No, because she was offered alternative positions.
c. Yes, because the practice was a form of disparate impact.
d. Yes, because the firm did not create a different rule for bathroom breaks for her.
19. Of the following, the most effective way for an employer to respond to an employee’s
claim of retaliation would be:
a. to show that the employee is lying
b. to show that the employee was not retaliated against, but rather disciplined for
poor performance or the like
c. to show that the employee should never have been hired in the first place.
d. none of these
20. Sam and Sarah, husband and wife, both worked for an aluminum siding firm, doing
similar work in production. Their co-worker, Ahmed, who was a Muslim, was
systematically harassed by their supervisor, who called him a terrorist, denied him the
right to pray, and generally made his life at work very difficult. Sarah spoke up on his
behalf, and the supervisor demoted Sam, her husband. Which of the following statements
is most correct?
a. Ahmed has a cause of action against the employer for retaliation, but Sam does
not
b. Sarah has a cause of action against the employer for retaliation, but Sam does not
c. Sam has a cause of action against the employer for retaliation
d. There are no causes of action arising from this set of facts
ESSAY QUESTIONS
1. Why is each of the following good legal advice?
a. Employers must not make employment decisions based, in whole or in part, on the
protected class characteristics of employees.
b. Employers should have policies and be consistent in how they apply and enforce them.
c. Employment requirements and practices should be scrutinized for their potential to
disadvantage protected class groups and for evidence of their job relatedness and business
necessity.
d. Employers need to exercise particular care in making employment decisions regarding
employees that have filed charges or spoken out about discrimination.
e. Employers need to maintain good documentation and be prepared to explain why
particular employment decisions were made.
2. Certain protected classes are recognized under various state law but not under federal
law. Name them.