CHAPTER 19-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.
Answer: True
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.
Answer: False
3. Discrimination in the workplace on the basis of age is prohibited under Title VII of the
Civil Rights Act of 1964.
Answer: False
4. Discrimination protection under Title VII does not extend to job placement ads or
postemployment references.
Answer: False
5. The plaintiff in a disparate treatment case must prove that an employer or potential
employer discriminated against her because of her sex, race, color, religion, or national
origin.
Answer: False
6. A disparate impact case involves a rule that, on its face, is not discriminatory, but in
practice excludes too many people in a protected group.
Answer: True
7. An employer cannot have a valid Title VII defense that it was using a legitimate seniority
system if such a system perpetuates past discrimination.
Answer: False
8. Affirmative action is required by Title VII to remedy past discrimination.
Answer: False
9. The Age Discrimination in Employment Act would be violated if a company refuses to
interview and hire applicants under twenty years of age.
Answer: False
10. An employer may not disqualify a job applicant because of a disability if they can
perform the essential functions of the job with reasonable accommodation.
Answer: True
11. As with Title VII, a plaintiff under the Americans with Disabilities Act must first file a
charge with the EEOC.
Answer: True
12. Remedies under title VII include unlimited punitive damages.
Answer: False
13. In determining if an accommodation is reasonable, the courts will look at absolute cost.
Answer: False
14. It would be permissible to ask a woman about child care arrangements.
Answer: False
15. The Equal Pay Act prohibits salary differences based upon gender.
Answer: True
MULTIPLE CHOICE
1. Affirmative action programs:
a. are required if needed to overcome specific past discrimination.
b. are permissible only if they have time limits and nondiscriminatory alternatives are not
available.
c. result only from litigation or from Executive Order 11246.
d. were found to be no longer permissible as a result of a 1995 Supreme Court decision.
Answer: B
2. 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 requirement
d. they could not reasonably accommodate Mark.
Answer: C
3. 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.
Answer: B
4. Which of the following may be legitimate nondiscriminatory criteria for selection of an
employee?
a. age.
b. race.
c. color.
d. educational level.
Answer: D
5. ADA reasonable accommodations may include:
a. modification of equipment.
b. ramps for accessibility.
c. flexible work schedules.
d. all of the above.
Answer: D
6. 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.
Answer: B
7. 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.
Answer: C
8. 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.
Answer: A
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 though he works the
same number of hours, female dancers are paid a salary double his. If Larry sues the SillyCone management, who will win?
a. Larry because of the Equal Pay Act.
b. Larry if all the women earn more than he does.
c. Silly-Cone if they consider employee breast-size as a factor of profitability
d. Silly-Cone because employers can discriminate if it is job related.
Answer: C
10. Mackey 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
Mackey’s sex discrimination suit?
a. Wanda will supervise girls.
b. Wanda is more attractive than Mackey.
c. Wanda is stronger than Mackey
d. Wanda studied as a nun.
Answer: A
11. Which of the following is NOT an available remedy for infractions of Title VII?
a. job reinstatement
b. reasonable attorney fees
c. punitive damages up to $1 million
d. retroactive seniority
Answer: C
12. When determining if an accommodation for a disability is reasonable, courts consider:
a. the cost of the accommodation
b. if it imposes undue hardship on the company
c. fairness to other workers
d. the value of the employee
Answer: B
13. It is acceptable to ask a job candidate:
a. How many days were you sick last year?
b. Are you currently using illegal drugs?
c. What prescription medications do you use?
d. What country were you born in?
Answer: B
14. The Equal Pay Act requires:
a. All employees in the same job title to receive equal pay.
b. All employees to receive the same percentage raise each year.
c. Employees of each gender to receive equal pay for equal work.
d. A fair distribution of benefits to all employees.
Answer: C
15. Title VII does NOT prohibit:
a. discrimination in the workplace
b. sexual harassment
c. discrimination because of pregnancy.
d. employment tests.
Answer: D
16. Discrimination under Title VII does NOT include:
a. firing a women after she becomes pregnant
b. refusing to hire a person based on the color of their skin
c. refusing to promote a woman to a position in authority over men
d. refusing to hire a 15 year old boy
Answer: D
17. To prove a disparate treatment case: the plaintiff must:
a. only show a presumption that discrimination occurred.
b. show that any reasoning presented by the defendant is just a pretext, not legitimate reasons
for the treatment.
c. provide a witness who testifies that the defendant intentionally discriminated.
d. prove that the defendant has discriminated similarly in the past.
Answer: B
18. To prove a disparate impact case, the plaintiff must:
a. only show that the employer has a rule that excludes too many people in a protected group.
b. show that any reasoning presented by the defendant is just a pretext, not legitimate reasons
for the treatment.
c. provide a witness who testifies that the defendant intentionally discriminated.
d. prove that the defendant has discriminated similarly in the past.
Answer: A
19. Valid defenses to charges of discrimination include all of the following, except:
a. Merit
b. Seniority
c. Test scores
d. Bona fide occupational qualification
Answer: C
20. Affirmative action programs have arisen from all of the following except:
a. Title VII requirements
b. Litigation
c. Voluntary employer action
d. Government contracts
Answer: A
21. Quid pro quo means:
a. “one thing for another”
b. “let the status remain”
c. “for the common good”
d. “fairness in all things”
Answer: A
22. A company is not liable for sexual harrassment committed by its employees if:
a. the victimized employee is still able to work
b. the vitctim was not another employee
c. the victimized employee has not been demoted or had a job-related detriment
d. it used reasonable care to prevent sexual harrassment
Answer: D
23. Which statement is true about procedures for filing a Title VII case?
a. The plaintiff must file within 60 days of the wrongdoing.
b. The plaintiff must exhaust all legal remedies through the courts before filing a case with
the Equal Employment Opportunity Commission.
c. The Equal Employment Opportunity Commission will sue on behalf of the victim and pay
the legal bills.
d. If the EEOC decides not to bring the case, or does not make a decision within three
months, it issues a right to sue letter.
Answer: C
24. The Age Discrimination in Employment Act (ADEA) of 1967 prohibits age
discrimination against employees or job applicants who are:
a. at least 40 years old
b. at least 55 years old
c. under 21 years old
d. younger than any other employee
Answer: A
25. The definition of a major life activity (used in determining if a person is disabled)
includes:
a. walking
b. drug use
c. compulsive gambling
d. sexual disorders
Answer: A
ESSAY
1. Explain the Title VII requirements on affirmative action, and identify three sources of
affirmative action programs.
Answer: Affirmative action is not required by Title VII, nor is it prohibited. Affirmative
action programs have three different sources: litigation, voluntary action, and government
contracts. Courts have the power under Title VII to order affirmative action to remedy the
effects of past discrimination. Employers can voluntarily introduce an affirmative action to
remedy the effects of past practices or to achieve equitable representation of minorities and
women. In 1965, President Johnson signed an executive order prohibiting discrimination by
federal contractors. This order had a profound impact on the American workplace. If an
employer found that women or minorities were underrepresented in its workplace, it was
required to establish goals and timetables to correct the deficiency. In 1995, the Supreme
Court dramatically limited the extent to which the government can require contractors to
establish affirmative action programs. The Court ruled these programs are permissible only if
they serve a “compelling national interest” and are “narrowly tailored” to minimize harm to
white males.
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.
Answer: Though her intent is to find a woman employee who is Christian and who is older,
the ad itself maybe carefully enough worded to keep her out of trouble.
Betty's ad does not violate Title VII since it does not evidence any bias relative to sex, race,
color, religion, or national origin. The fact that Betty is seeking to hire a worker who does not
have young children does not violate the Age Discrimination Act since that act is designed to
protect older workers from being unfairly discriminated against in favor of younger workers.
In this case, Betty is actually looking for an older worker and therefore an older worker
would not have any basis to complain and younger than 40-year-old applicants have no
standing to sue for age discrimination.
The reference to "Christian work ethic" has a secondary, generic meaning and is not enough
to hold Betty liable for religious discrimination. However, how she goes about interviewing
and hiring could make her liable for discrimination.
3. What are three general defenses an employer can raise if sued for violating Title VII of the
Civil Rights Act?
Answer: An employer can defend a Title VII case by establishing that an alleged
discrimination was based on (a) merit, (b) seniority, or (c) a bona fide occupational
qualification. An employer is not liable under Title VII if it shows that the person favored was
the most qualified. Test results, education, or productivity can demonstrate merit if they relate
to the job in question. A legitimate seniority system is legal, even if it perpetuates past
discrimination. An employer may establish discriminatory job requirements if they are
essential to the position in question.
4. Discuss what considerations are made when determining what accommodations are
reasonable?
Answer: An employer may not refuse to hire or promote a disabled person as long as she can,
with reasonable accommodation, perform the essential functions of the job. An
accommodation is not reasonable if it would create undue hardship for the employer. This
includes buying necessary equipment, providing readers or interpreters, or permitting
employees to work a part-time schedule. In determining what this term means, relative cost,
not absolute cost, is the issue. Even an expensive accommodation—such as hiring a full-time
reader—is not considered an undue hardship unless it imposes a significant burden on the
overall finances of the company.
5. What is the Genetic Information Nondiscrimination Act?
Answer: Under the Genetic Information Nondiscrimination Act (GINA), employers (with 15
or more workers) may not require genetic testing or discriminate against workers because of
their genetic makeup. Nor may health insurers use such information to decide coverage or
premiums. Thus, neither employers nor health insurers may require you to provide your
family medical history – who has died of cancer or heart disease, for instance. And if they
find this information out from another source (such as a newspaper obituary) they may not
use it in making an employment decision.
Test Bank For Introduction to Business Law
Jeffrey F. Beatty, Susan S. Samuelson
9781133188155
