CHAPTER 18 – EMPLOYMENT DISCRIMINATION
TRUE/FALSE
1. Under the Equal Pay Act of 1963 an employee may not be paid at a lesser rate than employees of the
opposite sex for tasks requiring equal skill, effort, and responsibility under similar working conditions.
2. Heather applied for a promotion, but her manager promoted a co-worker because the manager knew
Heather was seven months pregnant. The manager did not want to promote someone who would
probably be taking time off of work for childbirth and child care. The manager has acted legally and
reasonably to protect her company’s interests.
3. Under the Equal Pay Act of 1963 a female employee may be paid at a lesser rate than an male
employee if the male employee has seniority.
4. Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees, making
it illegal to discriminate on the basis of race, color, religion, sex or national origin..
5. In order to be considered sexual harassment, behavior must be so severe that it interferes with an
employee’s ability to work.
6. Quid pro quo sexual harassment cases involve co-workers making offensive jokes, rude comments or
displaying pornographic materials, but not sexual offers or requests.
7. In order to be considered sexual harassment, the questionable behavior must be directed at a co-worker
of the opposite gender.
8. In order to be found guilty of retaliation, an employer must have fired the complaining employee.
9. An employer does not have to give a worker a day off on their religious Sabbath if doing so would
cause an undue hardship for the employer.
10. An established seniority system for promotions and job security is legal even if it perpetrates past
discriminations.
11. Race may be a bona fide occupational qualification when the employee will be working with children
of that same race.
12. An employer can specifically seek to hire a worker over age 40 without fear of younger applicants
suing under the Age Discrimination Employment Act.
13. Brandy is blind, but has excellent hearing and is an excellent swimmer. She applies for a job as a
lifeguard at a city pool. Under the Americans with Disabilities Act, the pool manager must hire her as
a lifeguard despite her blindness.
14. Alice’s mother and two sisters all died of breast cancer at a young age. Alice’s employer knows this,
and will not put Alice in a management position because he fears that she will also develop cancer.
This decision is allowed because it is in the best interest of the company.
15. The Civil Rights Act of 1866 offers plaintiffs the possibility of higher compensatory and punitive
damage awards than plaintiffs who file under the Civil Rights Act of 1964.
MULTIPLE CHOICE
1. The Teresa Harris v. Forklift Systems, Inc. case held:
a.
for there to be sexual harassment, the conduct must affect an employee’s psychological
well-being.
b.
conduct need not affect an employee’s psychological well-being to constitute sexual
harassment.
c.
Title VII does not apply to sexual harassment cases.
d.
Title VII does not apply to same-sex harassment.
2. Which of the following would probably not be required of employers to reasonably accommodate for
religious beliefs?
a.
Flexible scheduling.
b.
Closing the business on Sundays.
c.
Reassigning employees within the company.
d.
Allowing employees to switch work schedules.
3. Laura intends to file a Title VII lawsuit against her employer. Which of the following is true?
a.
Laura is required to first submit her claim to the Equal Employment Opportunity
Commission.
b.
Laura must first submit her claim to a state civil rights commission before she may
proceed with her lawsuit.
c.
If the EEOC determines Laura has no case against her employer, she may not file a
lawsuit.
d.
Laura may initiate a lawsuit or file with the EEOC as she so elects.
4. Maude was denied employment with Trucks R Us as a warehouse worker because she didn‘t meet the
weight requirement of 160 pounds. Trucks argued the weight requirement was reasonable because
warehouse workers often have to lift things weighing up to 100 pounds. If she sues Trucks, she will
probably:
a.
lose, as the weight requirement seems like a reasonable occupational requirement.
b.
lose, as the 160-pound requirement doesn’t discriminate.
c.
win, as the weight requirement is discriminatory and doesn’t appear necessary for the
requirement of lifting 100 pounds.
d.
win, as the employer specifically cannot have a weight requirement.
5. ADA reasonable accommodations may include:
a.
modification of equipment.
b.
ramps for accessibility.
c.
flexible work schedules.
d.
All of the above.
6. Which of the following may be a legitimate, nondiscriminatory criterion for selection of an employee?
a.
Religion.
b.
Race.
c.
Color.
d.
None of the above.
7. Mark was refused employment at a Christian Bookstore because he was not a “born-again Christian.”
If Mark brings a Title VII action against the bookstore, its best defense would be:
a.
they did not discriminate against a protected category.
b.
Title VII doesn’t apply to private businesses.
c.
being a “born-again Christian” is a bona fide occupational qualification.
d.
they could not reasonably accommodate Mark.
8. Under the Americans with Disabilities Act, a person with a disabling illness:
a.
is not considered disabled once the illness is being managed with medicines.
b.
is not considered disabled unless there is no known cure.
c.
is considered disabled, but only at times when hospitalization is required for treatment.
d.
is considered disabled, even if the illness is under control.
9. Larry works as an exotic dancer at Silly-Cone, an adult nightclub. Though he gets tips from the
patrons, Larry is paid a weekly salary. Larry discovers that after six months, while he was not given a
raise, the female dancers were. If Larry alleges that Silly-Cone management engages in gender
discrimination what is not true?
a.
Larry has the burden prove the gender discrimination.
b.
Larry has to prove his damages.
c.
Silly-Cone has the burden to show its policy is not discriminatory.
d.
Silly-Cone must prove that it did not intend to discriminate.
10. Daisy worked at a gambling casino as a bartender. Her employer demanded that she wear make-up,
because she is a woman. What is the casino’s best argument against a suit for violating Title VII
protections?
a.
The Casino requires both male and female employee to groom him or herself.
b.
The Casino demanded that male bartenders have short hair, though female bartenders
could have long hair.
c.
The Casino did not dictate how much make-up female bartenders had to apply, so long as
it was some.
d.
The Casino mandated the female employees to wear lipstick but forbade male employees
from using lipstick.
11. Mackey works at General Eclectic, a conglomerate that manufactures weapons. After Mackey
converts to Christianity, he decides that he can no longer work as a riveter on any military projects for
GE. Mackey demands a transfer and is fired. What is GE’s strongest argument that Mackey’s firing
was not in violation of his religious principals?
a.
GE has no duty to placate Mackey’s personal values.
b.
GE has no duty to accommodate Mackey’s wish.
c.
Mackey’s religious demand would cause a hardship on GE profits.
d.
Mackey did not truly convert to Christianity.
12. Marshall wants to work as a security guard. However the employer hires Wanda instead. The primary
reason the employer chose Wanda is her gender. What is the best defense against Marshall’s sex
discrimination suit?
a.
Wanda will supervise girls.
b.
Wanda is prettier than Marshall is handsome.
c.
Wanda is stronger than Marshall..
d.
Wanda studied as a nun.
13. There are four types of illegal activity under the Civil Rights Act of 1964. Which choice lists these
four?
a.
disparate treatment, disparate impact, hostile environment, and retaliation
b.
disparate employment, unfair promotions, hostile environment, and unfair firing
c.
false reports, retaliation, prima facie discrimination, sexual harassment
d.
religious disparaging, racial profiling, sexual harassment, unfair promotions
14. A rule that is not automatically discriminatory, but which may be discriminatory in practice because it
excludes too many people in a protected group is considered:
a.
disparate treatment
b.
prima facie discrimination
c.
unbalanced treatment
d.
disparate impact
15. Which of the following is not available to plaintiffs alleging racial discrimination and filing under the
Civil Rights Act of 1866:
a.
a four-year statute of limitations
b.
unlimited compensatory and punitive damages
c.
assistance in filing from the Equal Employment Opportunity Commission.
d.
applicability to all employees, not just those with 15 or more employees.
16. An interviewer would be safe to ask a candidate for a job:
a.
Are you a United States citizen?
b.
When did you graduate from college?
c.
Could you carry a 100-pound weight, as required by this job?
d.
Are you married?
17. An employer would be expected to make reasonable accommodations for a disabled worker, such as:
a.
Creating a new job that the worker can do.
b.
Adapting the work environment for all employees so the disabled worker doesn’t feel
segregated or stigmatized.
c.
Providing transportation to and from the worker’s home.
d.
Allowing a part-time schedule.
18. Which of the following is true in cases based on claims of disparate treatment?
a.
The plaintiff must prove that the defendant intentionally discriminated.
b.
The defendant must have made a disparaging remark about the plaintiff.
c.
The defendant must prove that the plaintiff is not qualified for the position.
d.
None of the above.
19. An employer may be liable for an employee’s sexual harassment if:
a.
The supervisor scheduled the plaintiff and defendant to work together.
b.
The defendant showed signs of being distraught over the harassment.
c.
The plaintiff suffered a “tangible employment action” such as firing or demotion.
d.
Any of the above.
20. Which of the following traits is not currently protected under Title VII?
a.
Gender identity (being transgender)
b.
Sexual orientation (homosexual vs. heterosexual)
c.
Gender (male vs. female)
d.
Parenthood status
21. In which of the following situations is it NOT acceptable to consider gender in hiring?
a.
Privacy (such as a man staffing a women’s dressing room)
b.
Safety (such as a woman guard working in a male prison)
c.
Authenticity (such as a man playing the role of a woman in a drama)
d.
Ethnicity (such as a non-native Spanish speaker teaching Hispanic children)
22. What is true about Affirmative Action?
a.
Affirmative Action is required by Title VII.
b.
Affirmative Action is prohibited by Title VII.
c.
Affirmative Action is allowed in government contractors only if it serves a “compelling
governmental interest.”
d.
Affirmative Action is designed to make the ratio of minority and non-minority employees
equal.
23. Remedies available to a successful plaintiff under Title VII include:
a.
hiring, retroactive seniority, and back pay
b.
front pay, reasonable attorney fees
c.
compensatory and punitive damages
d.
all of the above
24. Alfred has been working for Canyon, Inc. for 12 years, with regular positive performance reviews and
promotions. Roger has only been working for Canyon for 3 years. Alfred also has more
management qualifications, yet when a management position is open, Alfred’s supervisor advises that
Alfred should NOT be promoted to that position. His reason is that he has recently learned that
Alfred regularly attends a Narcotics Anonymous support group. Although Alfred has been clean for
16 years, there is fear that he could relapse. What is true?
a.
Canyon is allowed to make past drug abuse a barrier to management positions.
b.
Although Canyon’s behavior is unethical, it is not prohibited.
c.
Canyon’s behavior is prohibited by the Americans with Disabilities Act.
d.
Canyon’s behavior is not prohibited by the Americans with Disabilities Act, but it is
prohibited by Title VII of the Civil Rights Act.
25. Which of the following is not considered a major life activity for the purpose of determining if a
person has a disability?
a.
eating
b.
reading
c.
sexual activity
d.
sleeping
ESSAY
1. Explain the Title VII requirements on affirmative action, and identify three sources of affirmative
action programs.
2. Betty wants to hire a secretary who is “mature.” In particular, she wants to hire a woman with
experience and whose children are grown (so she will not have to be staying home with sick children,
etc.). She also wants to make sure the woman is of “sound, Christian character, with solid morals.”
To find such an employee, she ran the following ad in the newspaper: “Secretary. Excellent Pay. Quiet
professional office. Must not have young children. Must not be opposed to Christian work ethic.
References required. 555-1111 or write to P.O. Box 114, Ourtown, USA.”
Discuss the legal issues raised by Betty’s ad.
3. What are three general defenses an employer can raise if sued for violating Title VII of the Civil
Rights Act?
4. What is the process for filing a suit under Title VII of the Civil Rights Act?
5. What accommodations might an employer be expected to make for a disabled employee? What
standard is used to determine whether an employer would be expected to make these
accommodations?