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20 Key 1. The affirmative act of hiring for a discriminatory reason is illegal. Answer: False The types of employer action in which discrimination is prohibited differs from the law binding employers, where it is unlawful only to fail or refuse to hire on discriminatory grounds—the affirmative act of hiring for a discriminatory reason is apparently not illegal. 2. Race can never be a BFOQ. Answer: True EEOC guidelines on sex discrimination consider sex to be a bona fide occupational qualification, for example, where it is necessary for authenticity or genuineness in hiring an actor or actress. The omission of race and color from this exception must mean that Congress does not feel these two factors are ever bona fide occupational qualifications. 3. Under the Equal Employment Opportunity Act of 1972, the EEOC can file a civil suit in a federal district court and represent a person charging a violation of the Act. Answer: True Under the Equal Employment Opportunity Act of 1972, the EEOC can file a civil suit in a federal district court and represent a person charging a violation of the Act. 4. Even if the plaintiff proves disparate treatment, the defendant can win by showing that all or substantially all members of the plaintiff's class cannot perform the duties of the job. Answer: True Even if the plaintiff proves disparate treatment, the defendant can win by showing that all or substantially all members of the plaintiff's class cannot perform the duties of the job. 5. When enacting the Civil Rights Act of 1964, Congress clearly intended to preempt states' fair employment laws. Answer: False In enacting Title VII of the Civil Rights Act of 1964, Congress made it clear that it did not intend to preempt states' fair employment laws. 6. In a disparate impact suit, the plaintiff must convince the court that the employer intentionally discriminated against the plaintiff. Answer: False In a disparate impact case, the plaintiff must prove that the employer's practices or policies had a discriminatory effect on a group protected by Title VII. 7. The 1991 Civil Rights Act amendments state that the showing of a statistically imbalanced workforce is not enough in itself to establish a violation of Title VII. Answer: True Before the 1991 Civil Rights Act amendments, employees or the EEOC claimed that racial or gender statistical imbalances in a workforce established and showed illegal discrimination, much like disparate impact discrimination, even in the absence of proof of an employer's discriminatory intent. However, the 1991 amendments state that the showing of a statistically imbalanced workforce is not enough in itself to establish a violation of Title VII. 8. Refusing to hire people because of a poor credit rating, when minorities are disproportionately affected, would be an example of disparate impact on race. Answer: True Examples of disparate impact on race include refusing to hire people because of a poor credit rating, when minorities are disproportionately affected. 9. Discrimination against vegetarians could result in successful EEOC religious discrimination suits. Answer: True A growing source of religious discrimination lawsuits concerns employees who for religious reasons refuse to perform some task required by the employer. For example, in one case a vegetarian bus driver refused to distribute hamburger coupons on his bus, asserting religious beliefs. When his employer fired him, he sued. The parties settled the case for $50,000. 10. EEOC guidelines allow employers to classify jobs as male or female, as well as to have male and female seniority lists. Answer: False EEOC guidelines forbid employers to classify jobs as male or female. Similarly, employers may not have separate male and female seniority lists. 11. A charge establishing sexual harassment grounds may exist even if no economic loss is shown. Answer: True The Supreme Court in Meritor Savings Bank v. Vinson ruled that Title VII prohibits "an offensive or hostile working environment," even when no economic loss occurs. 12. Employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions in the same manner as other conditions are covered. Answer: True The Pregnancy Discrimination Act amended the Civil Rights Act in 1978. Under it, employers can no longer discriminate against women workers who become pregnant or give birth. Thus, employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions in the same manner as other conditions are covered. 13. If the employer stops a pregnant employee from working because the employer truly believes that it is in the best interests of the mother and baby, the employer has not violated the Pregnancy Discrimination Act even if the employee is capable and willing to continue working. Answer: False The Pregnancy Discrimination Act amended the Civil Rights Act in 1978. It states that an employer cannot force a pregnant woman to stop working until her baby is born, provided she is still capable of performing her duties properly. 14. Title VII prohibits discrimination against employees based on their sexual orientation. Answer: False Title VII does not prohibit discrimination against employees based on their sexual orientation, or whether they are gay, lesbian, bisexual, transgendered, or heterosexual. 15. Some states have passed laws protecting employees on the basis of sexual orientation; however, none to date have enacted gender identity protections. Answer: False Twenty states and the District of Columbia have laws that currently prohibit sexual orientation discrimination in private employment. Some of these states also specifically prohibit discrimination based on gender identity. 16. Setting a passing score for Asians at 80 out of 100 and a passing score of 60 out of 100 for all other applicants is an example of race norming. Answer: True Race norming is the practice of setting two different cutoff test scores for employment based on race or one of the other Title VII categories. 17. Businesses with fewer than 250 employees and federal contracts under $1 million do not have to prepare written affirmative action plans for hiring women and minorities. Answer: True Firms with fewer than 250 employees and federal contracts of under $1 million no longer must prepare written affirmative action plans for hiring women and minorities. 18. The 1991 Civil Rights Act amendments prohibit the setting of quotas in employment. Answer: True The 1991 Civil Rights Act amendments prohibit the setting of quotas in employment. 19. A successful plaintiff in an Age Discrimination in Employment Act (ADEA) action cannot recover money damages from a state entity. Answer: True Willful violations of the Age Discrimination in Employment Act (ADEA) permit discrimination victims to be awarded double damages. There is an important exception to this general rule about remedies under the ADEA. In accordance with the Supreme Court case Kimel v. Florida Board of Regents (2000), a plaintiff cannot recover money damages against a state entity. 20. Willful violations of the Age Discrimination in Employment Act entitle victims to triple damages. Answer: False Willful violations of the Age Discrimination in Employment Act allow courts to impose double damage awards against employers. 21. Undue hardship can be a reason for an employer not making reasonable accommodation for disabled employees. Answer: True Note that an employer need make only reasonable accommodation for disabled employees. The employer can plead undue hardship, defined as "an action requiring significant difficulty or expense," as a reason for not accommodating the needs of disabled employees. 22. Under the Americans with Disabilities Act (ADA), compensatory and punitive damages are available for policies that have disparate impact. Answer: False Remedies under the Americans with Disabilities Act (ADA) are basically the same remedies available under the Civil Rights Act, including hiring, reinstatement, back pay, injunctive relief, and compensatory and punitive damages. Compensatory and punitive damages are not available for policies that mere have disparate impact. 23. The Genetic Information Nondiscrimination Act (GINA) establishes a federal baseline for protection against employment discrimination based on genetic information. Answer: True Although many states have already enacted similar legislation, Genetic Information Nondiscrimination Act (GINA) establishes a federal baseline for protection against employment discrimination based on genetic information. 24. The Health Insurance Portability and Accountability Act (HIPAA) primarily prevents discrimination against individual employees in small businesses. Answer: True The Health Insurance Portability and Accountability Act (HIPAA) forbids group plans and issuers from excluding an employee from insurance coverage or requiring different premiums based on the employee's health status, medical condition or history, genetic information, or disability. The Act primarily prevents discrimination against individual employees in small businesses. 25. The Health Insurance Portability and Accountability Act (HIPAA) applies to individuals who purchase individual health insurance. Answer: False The Health Insurance Portability and Accountability Act (HIPAA) forbids group plans and issuers from excluding an employee from insurance coverage or requiring different premiums based on the employee's health status, medical condition or history, genetic information, or disability. However, the Act only applies to prevent discrimination in group health insurance plans. It does not apply to individuals who purchase individual health insurance. 26. Federal laws concerning equal employment opportunity specifically prohibit state laws from imposing additional duties and liabilities. Answer: False Federal laws concerning equal employment opportunity specifically permit state laws imposing additional duties and liabilities. 27. A typical state act makes it an unfair employment practice for any employer to refuse to hire any individual because of his/her ancestry. Answer: True A typical state act makes it an unfair employment practice for any employer to refuse to hire or otherwise discriminate against any individual because of his/her race, color, religion, national origin, or ancestry. 28. The Fair Employment Practices Commission has the power to make rules and regulations and hear and decide charges of violations filed by complainants. Answer: True State acts usually set up an administrative body, generally known as the Fair Employment Practices Commission, which has the power to make rules and regulations and hear and decide charges of violations filed by complainants. 29. State antidiscrimination laws cannot protect categories of persons not stipulated by federal law. Answer: False State antidiscrimination laws sometimes protect categories of persons not protected by federal law. For example, some protect persons from employment discrimination based on weight. 30. Agreements that mandate binding arbitration of discrimination claims as a condition of employment are concordant with the fundamental principles of antidiscrimination laws. Answer: False The EEOC has issued a policy statement concluding that "agreements that mandate binding arbitration of discrimination claims as a condition of employment are contrary to the fundamental principles" of antidiscrimination laws. 31. ________ mark(s) the first significant federal limitation on the relatively unrestricted right of employers to hire and fire. A. The Civil Rights Act of 1866 B. Passage of labor law in the 1920s and 1930s C. The Civil Rights Act of 1964 D. Executive orders from President Franklin Roosevelt E. Executive orders in the 1950s Answer: B. Passage of labor law in the 1920s and 1930s Passage of labor law in the 1920s and 1930s marks the first significant federal limitation on the relatively unrestricted right of employers to hire and fire. 32. A 911 emergency response service needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected due to their poor English-speaking skills. They file a complaint on the grounds of discrimination based on nationality. Their complaint is quashed. Here, the defense of the federal government is on the grounds of: A. undue hardship. B. inculpatory evidence. C. exclusionary rule. D. circumstantial evidence. E. bona fide occupational qualifications. Answer: E. bona fide occupational qualifications. The major purpose of the provisions of Title VII of the Civil Rights Act of 1964 is to eliminate job discrimination based on race, color, religion, sex, or national origin. Discrimination for any of these reasons is a violation of the law, except that employers, employment agencies, and labor unions can discriminate on the basis of religion, sex, or national origin where these are bona fide occupational qualifications (BFOQs) reasonably necessary to normal business operations. 33. Eva has opened a women's-only health spa. She requires 21 employees and has so far hired 20 employees. Sixteen of the hires are women. Four are men who do overnight custodial and maintenance work when the spa is closed. Eva puts an ad in the paper for a locker room attendant and Jack applies for the job. When Eva tells Jack that she will only hire a woman, Jack sues for discrimination based on sex. Which of the following is true? A. Jack wins under Title VII if he can show that he is capable of doing locker room attendant functions. B. Jack wins because men are under represented at the spa and so affirmative action requires that Eva must hire men to set right the imbalance. C. Eva wins because it is her facility and she can hire and fire whoever she wants. D. Eva wins because it is likely that she can show that being female is a BFOQ for the position. E. Jack wins as this act promotes one gender at the cost of the other which is a case of gender discrimination under Title VII. Answer: D. Eva wins because it is likely that she can show that being female is a BFOQ for the position. The major purpose of the provisions of Title VII of the Civil Rights Act of 1964 is to eliminate job discrimination based on race, color, religion, sex, or national origin. Discrimination for any of these reasons is a violation of the law, except that employers, employment agencies, and labor unions can discriminate on the basis of religion, sex, or national origin where these are bona fide occupational qualifications (BFOQs) reasonably necessary to normal business operations. Title VII also permits discrimination if it results unintentionally from a seniority or merit system. 34. Which employers are covered under the Genetic Information Nondiscrimination Act? A. Employers with 15 or more employees B. Government contractors C. Government contractors with 250 employees D. All employers regardless of size or government affiliation E. Private contractors Answer: A. Employers with 15 or more employees The provisions of Title VII of the Civil Rights Act of 1964 apply to employers with 15 or more employees, labor unions, and certain other employers. "Covered employers" is defined as all employers subject to Title VII. 35. Interpreting Congressional intent, which of the following is never a BFOQ? A. Race B. Sex C. Religion D. National origin E. Sexual orientation Answer: A. Race EEOC guidelines on sex discrimination consider sex to be a bona fide occupational qualification. The omission of race and color from this exception must mean that Congress does not feel these two factors are ever bona fide occupational qualifications. 36. The EEOC was created by the: A. Civil Rights Act of 1964. B. 1972 Equal Employment Opportunity Act. C. Americans with Disabilities Act. D. Age Discrimination in Employment Act. E. Civil Rights Act of 1991. Answer: A. Civil Rights Act of 1964. The Civil Rights Act of 1964 created the Equal Employment Opportunity Commission (EEOC). 37. In 1991, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages per person to be up to: A. $100,000. B. $250,000. C. $300,000. D. $1 million. E. $400,000. Answer: C. $300,000. In 1991, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages of up to $300,000 per person. 38. The members of the Equal Employment Opportunity Commission (EEOC) are: A. appointed by the Senate on the recommendation of the president. B. appointed by the president, with the advice and consent of the House of Representatives. C. elected by the people. D. appointed by the House of Representatives on the recommendation of the president. E. appointed by the president, with the advice and consent of the Senate. Answer: E. appointed by the president, with the advice and consent of the Senate. The EEOC is composed of five members, not more than three of whom may be members of the same political party. They are appointed by the president, with the advice and consent of the Senate, and serve a five-year term. 39. Under the 1991 Civil Rights Act amendments, _______ damages include damages for the pain and suffering of discrimination. A. punitive B. speculative C. nominal D. restitutionary E. compensatory Answer: E. compensatory In 1991, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages of up to $300,000 per person. Compensatory damages include damages for the pain and suffering of discrimination. 40. A supervisor has 10 employees (five men and five women) who have the same job titles and same work responsibilities. He refuses to let the female employees bid on overtime assignments because he thinks they should be home at 5 p.m. to get dinner ready. This is an example of: A. reverse discrimination. B. business necessity defense. C. retaliation. D. disparate impact. E. disparate treatment. Answer: E. disparate treatment. Generally, the plaintiff must prove either disparate (unequal) treatment or disparate impact. In proving disparate treatment, the plaintiff must convince the court that the employer intentionally discriminated against the plaintiff. 41. An employee must file charges of illegal discrimination with the EEOC within _______ days after the unlawful practice occurred. A. 90 B. 120 C. 180 D. 365 E. 60 Answer: C. 180 An employee must file charges of illegal discrimination with the EEOC within 180 days after notice of the unlawful practice. 42. The business necessity defense is a defense to suits: A. alleging disparate treatment. B. alleging disparate impact. C. regarding the ADA. D. arising from HIPAA. E. arising from GINA. Answer: B. alleging disparate impact. In a disparate impact case, the plaintiff must prove that the employer's practices or policies had a discriminatory effect on a group protected by Title VII. The employer can defeat the plaintiff's claim by proving the business necessity defense. This defense requires that the employer prove that the practices or policies used are job related and based on business necessity. 43. An airline has an opening for a pilot for its fleet of jumbo jets. It stipulates that the candidates applying for the job must be at least five feet ten inches tall. The airline states that the aircraft can be safely and efficiently operated only by persons who can easily reach all of the controls in the cockpit. Passenger safety is the prime concern of the airline, and pilots must be a certain height to operate the aircraft. In this case, height is a valid requirement, and using it does not violate the employment discrimination laws. This is an example of: A. disparate treatment. B. disparate impact. C. reverse discrimination. D. affirmative action. E. business necessity defense. Answer: E. business necessity defense. An employer can defeat a plaintiff's claim by proving the business necessity defense. This defense requires that the employer prove that the practices or policies used are job related and based on business necessity. 44. All of the following are steps an employer can take to address allegations of discrimination without triggering a retaliation claim EXCEPT: A. treat complaints seriously as soon as they are made. B. be sure managers and other employees know and follow the company's policies on discrimination. C. follow-up with the complainant, including explaining how the company will address the problem. D. take adverse action against a complainant based on information obtained in the investigation. E. create an atmosphere in which the complainant and others with information feel comfortable coming forward with information. Answer: D. take adverse action against a complainant based on information obtained in the investigation. An employer must never take adverse action against a complainant or witnesses, based on information obtained in the investigation. 45. Halle notices that there are unfair pay practices going on at her company wherein whites are being paid higher than African Americans for the same job. She files a complaint because she feels the company is not following the law. The company does not take kindly to the complaint. Halle is demoted, her staff has been taken away from her, and she is forced to take a salary cut. This is an example of: A. affirmative action. B. disparate impact. C. reverse discrimination. D. retaliation. E. business necessity defense. Answer: D. retaliation. Retaliation is a type of discrimination. It is illegal for employers to retaliate against employees for making discrimination charges, giving testimony in a discrimination case, or in any way participating in a discrimination investigation. 46. Anna files a lawsuit against her employers on the grounds of hostile work environment. Ed, a black co-worker of Anna's, is interviewed by the EEOC to investigate Anna's claim. During the interview, Ed supports Anna's complaint, verifying each of her claims as being true. When management hears that Ed has cooperated with the EEOC and given damning testimony against the company, they transfer him to their facility at International Falls, MN. Ed's salary remains the same as does his job title. The standard of living in International Falls is much lower than where he lives now. Which of the following is true? A. Ed is a victim of disparate treatment. B. Ed is a victim of disparate impact. C. Ed is a victim of retaliation. D. Ed has no cause for action because his salary and job title have not been affected. E. Ed has no cause for action as the organization reserves the right to transfer its employees according to its requirements. Answer: C. Ed is a victim of retaliation. Retaliation is a type of discrimination. It is illegal for employers to retaliate against employees for making discrimination charges, giving testimony in a discrimination case, or in any way participating in a discrimination investigation. 47. With respect to an employee's religious beliefs, an employer must: A. do exactly as the employee expects. B. make reasonable accommodation. C. accommodate the employee even if it creates undue hardship to the employer. D. do nothing; religion is not a workplace issue. E. accommodate the employee even if it means inconveniencing other employees. Answer: B. make reasonable accommodation. Religious corporations can discriminate in all their employment practices on the basis of religion, but not on the basis of race, color, sex, or national origin. Other employers cannot discriminate on the basis of religion in employment practices, and they must make reasonable accommodation to the religious needs of their employees if it does not result in undue hardship to them. 48. Making offensive remarks about looks, telling lewd jokes, or engaging in suggestive touching are all examples of: A. quid pro quo. B. hostile work environment. C. felony. D. prejudice. E. defamation. Answer: B. hostile work environment. Hostile work environment is a type of sexual harassment in which co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti. 49. Maria has filed a sexual harassment suit against her employer. She states in the suit that she is often subjected to jokes about her Hispanic heritage. She has also complained that the male employees are frequently staring at her and commenting on her figure in an offensive and provocative way. Maria's job evaluations have been excellent both before and after her complaints and she has received regular merit raises. Personally, she has trouble sleeping at night, has lost much of her appetite, and is often depressed due to harassment at work. Which of the following is true? A. Maria is a victim of quid pro quo harassment. B. Maria is a victim of hostile environment harassment. C. Maria is a victim of retaliatory treatment. D. Maria has no cause of action because her job has not been impacted. E. Maria is a victim of race norming. Answer: B. Maria is a victim of hostile environment harassment. Hostile work environment is a type of sexual harassment in which co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti. 50. Under Title VII, sexual harassment: A. requires a quid pro quo situation. B. must be between an employee and a supervisor to be actionable. C. can be the creation of a hostile work environment based on unwanted sexual comments. D. can occur only if the people involved are of opposite sexes. E. can occur only if there is the question of economic loss. Answer: C. can be the creation of a hostile work environment based on unwanted sexual comments. Hostile work environment is a type of sexual harassment in which co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti. The Supreme Court in Meritor Savings Bank v. Vinson ruled that Title VII prohibits "an offensive or hostile working environment," even when no economic loss occurs. By so ruling, the Court acknowledged that the work environment itself is a condition of employment covered by Title VII. 51. Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking him to go anywhere. Furthermore, Kathy is always making provocative comments to him, telling dirty jokes, and asking him about his preferences in women which embarrasses him and has caused him to lose sleep. If Mike sues the school for permitting Kathy's behavior: A. the school would win because a woman cannot harass a man and Mike should be flattered rather than upset. B. the school would win because Mike and Kathy are on the same employment level and Mike cannot be truly harassed unless Kathy has the ability to impact his job status, which she does not. C. Mike would win if he had previously complained to the school and they had done nothing to stop the harassment. D. Mike would win because regardless of notice, the employer is per se liable for any improper activity that occurs on the job and it is their responsibility to know what is happening on their premises. E. the school would win because Mike does not suffer from any economic loss due to Kathy's behavior. Answer: C. Mike would win if he had previously complained to the school and they had done nothing to stop the harassment. Courts have ruled that an employer is liable to a plaintiff employee for a hostile working environment created by fellow employees only when the employer knows of the problem and fails to take prompt and reasonable steps to correct it, such as by moving the harassers away from the plaintiff employee. 52. The Pregnancy Discrimination Act: A. covers only married pregnant women. B. provides for medical coverage in case of medical complications arising from voluntary abortions. C. requires than an employer specify how long a leave of absence be taken after childbirth. D. bars a pregnant woman from all other benefits provided for employees if she undergoes an abortion. E. bars the inclusion of the pregnancies of male employees' wives in the employer's health insurance plan. Answer: B. provides for medical coverage in case of medical complications arising from voluntary abortions. Coverage for abortion is not required by the Pregnancy Discrimination Act unless an employee carries to term and her life is endangered or she develops medical complications because of an abortion. The law covers unmarried as well as married pregnant women. The employer cannot specify how long a leave of absence must be taken after childbirth. If a woman undergoes an abortion, though, all other benefits provided for employees must be provided to her. 53. Since the passage of the Pregnancy Discrimination Act, employers with health or disability plans must: A. cover all abortions. B. allow a stated mandatory leave of absence following birth. C. cover the wives of male employees as it does female employees. D. ensure a pay cut for employees availing pregnancy leave. E. cover only voluntary abortions. Answer: C. cover the wives of male employees as it does female employees. Under the Pregnancy Discrimination Act, the Supreme Court ruled unlawful an employer's health insurance plan that covered the pregnancies of female employees but did not cover the pregnancies of male employees' wives. 54. With regard to employer provided health and disability plans: A. an employer that provides childbirth benefits to married women may deny the same to single mothers if the employer finds single motherhood morally objectionable. B. if a female employee undergoes an abortion, the abortion may be excluded from coverage but the employee is still entitled to other benefits such as sick leave. C. an employer's plan that covers childbirth for female employees excludes coverage for wives of male employees. D. an employer is not required to provide abortion coverage even if the employee's life is endangered. E. an employer can specify how long a leave of absence must be taken after childbirth. Answer: B if a female employee undergoes an abortion, the abortion may be excluded from coverage but the employee is still entitled to other benefits such as sick leave. If a woman undergoes an abortion, all other benefits provided for employees, such as sick leave, must be provided to her. 55. Discrimination in pay is allowed if: A. it arises from a piecework production system. B. the discrimination is confidential. C. it is based on personal characteristics. D. the salary is not in U.S. dollars. E. it is based on gender. Answer: A. it arises from a piecework production system. Discrimination is allowed if it arises from a seniority system, a merit system, a piecework production system, or any factor other than sex. 56. With regard to the Equal Pay Act, courts have recognized that "equal" means: A. identical. B. indistinguishable. C. substantially equal. D. vaguely equal. E. similar. Answer: C. substantially equal. Courts have recognized that equal does not mean identical; it means substantially equal. 57. Which of the following specifically prohibit the practice of race norming of employment tests? A. The Civil Rights Act of 1924 B. The Civil Rights Act of 1964 C. The Civil Rights Act amendments of 1991 D. The EEOC through an administrative regulation E. The Civil Rights Act of 1957 Answer: C. The Civil Rights Act amendments of 1991 The Civil Rights Act amendments of 1991 specifically prohibit the race norming of employment tests. 58. Which of the following is an example of "race norming"? A. Setting a quota designed to balance the black/white percentage of an employer's workforce. B. Conducting lessons in the English language for non-English-speaking employees to further effective communications. C. Designing an employment test and setting the passing score for white job applicants at 75 percent and the passing score for the minority job applicants at 65 percent. D. Firing white employees to make room for new African-American hires. E. Providing more promotion opportunities to members of a particular race at the expense of the others. Answer: C. Designing an employment test and setting the passing score for white job applicants at 75 percent and the passing score for the minority job applicants at 65 percent. Race norming is the practice of setting two different cutoff test scores for employment based on race or one of the other Title VII categories. 59. Affirmative action: A. is the same thing as setting a quota. B. is prohibited by the 1991 Civil Rights Act amendments. C. requires that federally contracting employers recruit members of minority groups being underused in the workforce. D. requires that all employers hire members of minority groups being underrepresented in the labor force. E. states that the act of hiring for a discriminatory reason is apparently illegal. Answer: C. requires that federally contracting employers recruit members of minority groups being underused in the workforce. The affirmative action requirement means that federally contracting employers must actively recruit members of minority groups being underused in the workforce. 60. The _________ requirement means that federally contracting employers must hire members of these groups when there are fewer minority workers in a given job category than one could reasonably expect, considering their availability. A. disparate treatment B. affirmative action C. reverse discrimination D. retaliation E. business necessity defense Answer: B. affirmative action The affirmative action requirement means that federally contracting employers must actively recruit members of minority groups being underused in the workforce. That is, employers must hire members of these groups when there are fewer minority workers in a given job category than one could reasonably expect, considering their availability. 61. Mack does not get a job that he is highly qualified for because the company has to appoint an individual from a minority group as part of the federal policy. The person being appointed is less qualified than Mack. This is an example of: A. disparate treatment. B. affirmative action. C. reverse discrimination. D. retaliation. E. business necessity defense. Answer: C. reverse discrimination. Affirmative action programs can give rise to claims of reverse discrimination when minorities or women with lower qualifications or less seniority than white males are given preference in employment or training. 62. California's Proposition 209: A. requires affirmative action in all government hiring. B. prohibits affirmative action in public employment. C. requires affirmative action plans of all businesses engaged in interstate commerce. D. was overturned on appeal by the Supreme Court. E. affects private employer affirmative action plans required by federal law. Answer: B. prohibits affirmative action in public employment. In California, voters approved the controversial Proposition 209. In relevant part it says that "the state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting." 63. Section 1981 of the Civil Rights Act of 1866: A. was repealed by the passing of the Civil Rights Act of 1964. B. addressed the right to contract by all persons. C. was the first attempt to launch affirmative action in the U.S. D. introduced and established the business necessity defense. E. allowed the recovery of compensatory and punitive damages when employers are guilty of intentional discrimination. Answer: B. addressed the right to contract by all persons. An important federal law that complements Title VII of the 1964 Civil Rights Act is the Civil Rights Act of 1866. One provision of that act, known as Section 1981, provides that "all persons . . . shall have the same right to make and enforce contracts as enjoyed by white citizens." 64. Under Section 1981 of the Civil Rights Act of 1866: A. damages are limited to $300,000 per person. B. damages are unlimited. C. a plaintiff must first go through the EEOC to file an employment suit. D. a plaintiff can sue for unlimited damages for discrimination based on sex, religion, national origin, or age. E. damages also include legal fees. Answer: B. damages are unlimited. An advantage to Section 1981 is that under it the courts can award unlimited compensatory and punitive damages. There are no capped limits as there are under Title VII. 65. A person may sue for job discrimination based on age using: A. the 1964 Civil Rights Act. B. the EEOC. C. Section 1981 of the Civil Rights Act of 1866. D. the ADEA. E. the 1875 Civil Rights Act. Answer: D. the ADEA. Neither the Civil Rights Act nor the Equal Employment Opportunity Act forbids discrimination based on age. However, the Age Discrimination in Employment Act (ADEA) does. 66. The ADEA recognizes: A. only claims based on disparate impact. B. only claims based on disparate treatment. C. both disparate impact and disparate treatment claims. D. rules regarding age but not from a discrimination perspective. E. only claims based on retaliation. Answer: C. both disparate impact and disparate treatment claims. The Age Discrimination in Employment Act (ADEA) recognizes both disparate treatment and disparate impact discrimination. 67. Remedies for a violation of the ADEA may include: A. back pay. B. interest on the arrears to be paid for the period of nonemployment. C. a compensatory bonus for the period of nonemployment. D. promotion for an improperly fired employee. E. damages for the psychological trauma of being fired illegally. Answer: E. damages for the psychological trauma of being fired illegally. Courts have disagreed on whether remedies for violation of the ADEA include, in addition to reinstatement and wages lost, damages for the psychological trauma of being fired or forced to resign illegally. One federal district court awarded $200,000 to a victim of age discrimination who was an inventor and scientist, for the psychological and physical effects suffered from being forced into early retirement at age 60. Also awarded were out-of-pocket costs of $60,000 and attorneys' fees of $65,000. 68. A school's police/security force requires that all officers be over six feet tall and weigh over 200 pounds. This requirement creates a: A. disparate treatment regarding men. B. disparate impact regarding men. C. disparate treatment regarding women. D. disparate impact regarding women. E. disparate impact regarding minorities. Answer: D. disparate impact regarding women. Unless bona fide occupational qualifications or business necessity can be proved, federal law prohibits recruiting, hiring, promoting, and other employment practices that involve disparate treatment or produce a disparate impact on the basis of sex, height and weight. 69. The ADA specifies that in evaluating undue hardship, all of the following must be considered EXCEPT: A. the availability of other employment for the disabled person. B. the cost of accommodation. C. the resources of the employer. D. the nature of the business. E. the size of the employer. Answer: A. the availability of other employment for the disabled person. The ADA specifies that in evaluating undue hardship, the cost of the accommodation, the resources of the employer, the size of the employer, and the nature of the employer's business be considered. 70. A cleaning company rotates its staff to different floors on a monthly basis. One crew member has a psychiatric disability. While his mental illness does not affect his ability to perform the various cleaning functions, it does make it difficult to adjust to alterations in his daily routine. The employee has had significant difficulty adjusting to the monthly changes in floor assignments. In view of this difficulty, the employer decides to allow him to stay on one floor permanently. This is an example of: A. disparate treatment. B. affirmative action. C. hostile work environment. D. retaliation. E. reasonable accommodation. Answer: E. reasonable accommodation. Reasonable accommodation is the process of adjusting a job or work environment to fit the needs of disabled employees. 71. The , effective November 2009, prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information. A. Genetic Privacy and Nondiscrimination Act B. Genetic Fairness Act C. Genetic Information Nondiscrimination in Health Insurance Act D. Genetic Confidentiality and Nondiscrimination Act E. Genetic Information Nondiscrimination Act Answer: E. Genetic Information Nondiscrimination Act The Genetic Information Nondiscrimination Act (GINA), effective November 2009, prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information, and from discriminating against employees and applicants on the basis of a family member's genetic information. 72. Which of the following is considered to be a genetic test, the information from which cannot be used for firing, refusing to hire, or otherwise discriminating against individuals, under the federal law? A. Cholesterol test B. Analysis of proteins C. Liver function test D. Complete blood count test E. Newborn screening test Answer: E. Newborn screening test Tests that are considered to be "genetic tests" under GINA include, among others, amniocentesis and newborn screening. 73. The Health Insurance Portability and Accountability Act (HIPAA) applies only to: A. life insurance companies. B. law enforcement agencies. C. agencies that deliver social security and welfare benefits. D. researchers who obtain health data directly from health care providers. E. health insurance companies. Answer: E. health insurance companies. A new act prohibits group health plans and health insurance issuers from discriminating against employees based on certain factors. The Health Insurance Portability and Accountability Act (HIPAA) forbids group plans and issuers from excluding an employee from insurance coverage or requiring different premiums based on the employee's health status, medical condition or history, genetic information, or disability. However, the Act only applies to prevent discrimination in group health insurance plans. 74. Red Head, Inc., is a local beauty salon with three employees. Faye is black, Aimee is Jewish, and Sarah weighs 300 pounds. Statistics show that blacks have a higher rate of sickle cell anemia; Jews have a higher rate of Tay-Sachs Disease, and severely obese people have a higher rate of diabetes than the general population. Based on statistics provided by certified reputable sources regarding the likelihood of contracting the above diseases, the manager/owner of Red Head has set up a health plan in which Aimee pays a higher premium than Faye, with Sarah paying the highest premium. Which of the following is true? A. This arrangement violates COBRA. B. This arrangement violates HIPAA. C. This arrangement violates ERISA. D. Since the data used by the employer is from a certified reputable source, there is no violation of law because the insurance premium reflects the true risk. E. This arrangement violates ADEA. Answer: B. This arrangement violates HIPAA. A new act prohibits group health plans and health insurance issuers from discriminating against employees based on certain factors. The Health Insurance Portability and Accountability Act (HIPAA) forbids group plans and issuers from excluding an employee from insurance coverage or requiring different premiums based on the employee's health status, medical condition or history, genetic information, or disability. The act primarily prevents discrimination against individual employees in small businesses. 75. The 1991 amendments to the Civil Rights Act allow: A. recovery of damages at any time after discrimination is practiced. B. recovery of compensatory and punitive damages when employers are guilty of intentional discrimination. C. recovery of compensatory and punitive damages when employers are guilty of negligent discrimination. D. punitive damages of twice the compensatory damages when negligence is proven. E. speculative damages along with the legal fees. Answer: B. recovery of compensatory and punitive damages when employers are guilty of intentional discrimination. The 1991 revision of the Civil Rights Act to support punitive and compensatory damages has encouraged employees to sue their employers. 76. What are the types of employer action in which discrimination is prohibited? Answer: The types of employer action in which discrimination is prohibited include: • Discharge. • Refusal to hire. • Compensation. • Terms, conditions, or privileges of employment. 77. A restaurant refuses to serve Joe because of the color of his skin. When Joe complains about the issue, the manager of the restaurant tells Joe that the restaurant is only meant for whites and hence non- whites are not served in the restaurant. Will the manager escape liability under the provision in Title VII which allows discrimination under certain conditions? Answer: No. Title VII allows discrimination only on the basis of religion, sex, or national origin, and only where these considerations are bona fide occupational qualifications. The omission of race and color from this exception must mean that Congress does not feel these two factors are ever bona fide occupational qualifications. 78. Under the 1991 Congressional amendment of the Civil Rights Act, what conditions are necessary for damages to be paid? Answer: In 1991, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages of up to $300,000 per person. Compensatory damages include damages for the pain and suffering of discrimination. Punitive damages are appropriate whenever discrimination occurs with "malice or with reckless or callous indifference to the federally protected rights of others." The 1991 amendments allow compensatory and punitive damages only when employers are guilty of intentional discrimination. 79. How did the 1991 amendments affect the Civil Rights Act of 1964? Answer: The 1991 amendments allowed for the recovery of compensatory and punitive damages of up to $300,000 per person for 1964 Civil Rights Act violations. These remedies are in addition to the original remedies of reinstatement and back pay or front pay where applicable. The 1991 amendments also specifically addressed and banned quotas in hiring practices. 80. To win a Title VII case, what must a plaintiff prove? Answer: To win a Title VII case, a plaintiff must show illegal discrimination by the employer. Typically, the plaintiff will show either disparate (intentionally unequal) treatment or disparate impact (discriminatory effect on a protected group of which the plaintiff is a member). 81. Mohan is a first-generation immigrant from India. He works as an engineer in a software company in the United States. He is a good worker and friendly by nature. However, he becomes the target of racial slurs and jokes of his colleagues. Does the law give Mohan the right to protect himself from such behavior of his colleagues? Answer: Yes. Title VII's prohibition against national origin discrimination protects various ethnic groups in the workplace. 82. According to a lawsuit filed by the EEOC a year ago, Asif Jamal, a Muslim who worked as a security officer for a nonprofit group in California, was fired after he refused the company's request to donate money to a Catholic school because the school's religious mission was different from his own beliefs. Is the nonprofit group liable to be sued for promoting religious discrimination? Answer: Yes. Religious corporations, associations, or societies can discriminate in all their employment practices on the basis of religion, but not on the basis of race, color, sex, or national origin. However, other employers cannot discriminate on the basis of religion in employment practices, and they must make reasonable accommodation to the religious needs of their employees if it does not result in undue hardship to them. 83. Jessica Hopkins is the marketing manager of a firm. She has a stellar employment record with the firm. Jessica has won very large contracts for the firm and also is at the top of the list for billable hours. In addition, she has impeccable integrity and is considered to be one of the most intelligent members of the firm. The committee responsible for promotions felt that Jessica was not ladylike enough. Jessica was told that in order to be promoted, she needed to "dress more femininely, wear makeup, have her hair styled, and wear jewelry." Can Jessica sue the firm? Answer: Yes. Jessica can sue the firm for violating her rights under Title VII, which forbids discrimination against individuals on the basis of gender. A woman's gender nonconformity was insufficient grounds to bar her from promotion. 84. Stella is an automobile engineer and she works in one of the plants of an automobile giant. The women in the plant are routinely fondled, verbally abused, and subjected to obscene jokes, behavior, and graffiti. Stella is denied promotion when she refuses to grant sexual favors. She makes a complaint against such behavior. The company defends itself by saying that the behavior of the male workers is normal and that Stella is simply overreacting. Does Stella have any legal recourse in such a situation? Answer: Yes. She can file a suit of sexual harassment against the company under Title VII. This conduct violated Title VII because Stella belonged to a protected category. She was subject to unwelcome sexual harassment, the harassment was based on sex, it affected a term or condition of her employment, and the employer knew about the harassment and failed to take remedial action. 85. A shipyard company employed a female welder who was harassed by her male employees. The men wrote obscene graffiti directed at the victim all over the plant. The men also made numerous suggestive and offensive remarks to the victim concerning her body and the pictures posted on the walls. The victim complained about this atmosphere of harassment. The company's supervisory personnel immediately transfered the erring employees to another department. After this, the victim is seen talking to the erring employees and having lunch with them. A few days later, she sues the company for creating a hostile working environment. Does the company have any defense against the charges? Answer: Yes. Courts have ruled that an employer is liable to a plaintiff employee for a hostile working environment created by fellow employees only when the employer knows of the problem and fails to take prompt and reasonable steps to correct it, such as by moving the harassers away from the plaintiff employee. The shipyard company, in this case, does that. It exercised reasonable care to prevent and correct promptly any sexually harassing behavior. The plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer as she became friends with the same employees who she had charged with harassment. 86. Mena Vaska is an employee at Bill's Department Store for approximately 10 years as an assistant manager. Despite her supervisors' assurances that she is among the top candidates for a promotion, she is repeatedly passed over. Five store manager positions are given to less-experienced and less- qualified men within a two-month period, as well as to women with no children or to women who assure their bosses they would have no more children. Mena has one kid and is pregnant again. Mena thinks that her motherhood is the reason for her being passed over for promotion. What legal course does Mena have? Answer: Mena can file a suit alleging discrimination on the grounds of pregnancy. She could sue Bill's Department Store for failing to promote her and punishing her for becoming pregnant. The Pregnancy Discrimination Act amended the Civil Rights Act in 1978. Under it, employers can no longer discriminate against women workers who become pregnant or give birth. Thus, employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions in the same manner as other conditions are covered. 87. Tom is a cop and has a reputation for being one of the toughest men in the precinct. He regularly hangs out with the guys and flirts with the women. After two years, he announces that he is gay and always has been. A week later, he is fired when his lieutenant announces that he cannot trust a gay person and feels too uncomfortable around him. If Tom files a discrimination complaint with the EEOC, what will be the outcome? Answer: "Sex" under Title VII refers to being male or female. Sexual preference is not protected by any federal laws or regulations. Hence, gay, lesbian, bisexual, transgender, and heterosexual men and women are not covered. Tom may have a cause of action on the state or local level if his state or city is one of the few that have enacted laws protecting sexual preference as a protected group. 88. What effect did the Supreme Court case of Adarand Constructors, Inc. v. Pena have in defining affirmative action? Answer: In Adarand Constructors, Inc. v. Pena, the court emphasized that government-imposed affirmative action plans are subject to strict judicial scrutiny under equal protection guarantees of the Fifth and Fourteenth Amendments. To be constitutional, such plans must be supported by a compelling interest. 89. What is the difference between affirmative action and the setting of quotas? Answer: Affirmative action tries to remedy historical work force imbalances by favoring previously discriminated against employees. Often, target goals are pursued for a limited time. Employers are expected to prove a bona fide attempt to recruit and hire qualified employees from underrepresented groups. Quotas set rigid standards for various groups by requiring that particular percentages of employees must be hired from a certain group. Quotas are illegal following the passage of the 1991 Civil Rights Act amendments. 90. What is a seniority system and what does it affect? Answer: A seniority system places longer employed employees ahead of more recently hired employees in pay, pensions, vacations, and other fringe benefits. The last employees hired will be the first fired, last paid, and the last to receive any job benefits. 91. What protections are afforded to employees under the Age Discrimination in Employment Act (ADEA)? Answer: As its name implies, the Age Discrimination in Employment Act (ADEA) was enacted to address age- related discrimination in the workplace. It prohibits employment discrimination against employees ages 40 and older. Another result of the ADEA is that it abolished mandatory retirement ages in all but a few situations. Certain executives and high-ranked policy makers in private companies may be subject to mandatory retirement. Mandatory retirement may also be imposed when there is a necessity to protect the public. Therefore, police, airline pilots, and other occupations that deal with the public are included. 92. What advantages exist in using Section 1981 instead of Title VII as the basis of a lawsuit? Answer: There are two major advantages of suing under Section 1981 instead of Title VII: 1) there are no procedural requirements for bringing the suit, whereas Title VII can have fairly complex procedural requirements, such as filing charges with the EEOC before a suit can be filed; and 2) courts can award unlimited compensatory and punitive damages in Section 1981 case. Title VII has capped damages. As a practical matter, most plaintiffs use both Section 1981 and Title VII. 93. Eastern Airlines allowed younger pilots who had become disabled to transfer automatically to the position of flight engineer, but did not allow pilots and co-pilots past the age of 60 to do the same. Which law does Eastern Airlines violate? Answer: Eastern Airlines violated the Age Discrimination in Employment Act (ADEA). The airline must give the same opportunity to retiring pilots and co-pilots as it had given to younger disabled pilots. ADEA prohibits employment discrimination against employees ages 40 and older, and it prohibits the mandatory retirement of these employees. The ADEA also invalidates retirement plans and labor contracts that violate the law. 94. What are the remedies available to plaintiffs under the Age Discrimination in Employment Act (ADEA)? Answer: Courts have disagreed on whether remedies for violation of the Age Discrimination in Employment Act (ADEA) include, in addition to reinstatement and wages lost, damages for the psychological trauma of being fired or forced to resign illegally. One federal district court awarded $200,000 to a victim of age discrimination who was an inventor and scientist, for the psychological and physical effects suffered from being forced into early retirement at age 60. Also awarded were out-of-pocket costs of $60,000 and attorneys' fees of $65,000. Willful violations of the Act permit discrimination victims to be awarded double damages. There is an important exception to this general rule about remedies under the ADEA. In accordance with the Supreme Court case Kimel v. Florida Board of Regents (2000), a plaintiff cannot recover money damages against a state entity. State law, however, may offer additional remedies for age discrimination perpetrated by a state. 95. What kinds of impairments are covered under the Americans with Disabilities Act (ADA) and what are not? Answer: An Americans with Disabilities Act (ADA) disability is defines as "any physical or mental impairment that substantially limits one or more of an individual's major life activities." "Physical and mental impairment" includes physical disorders or conditions, disease, disfigurement, amputation affecting a vital body system, psychological disorders, mental retardation, mental illness and learning disabilities. "Major life activities" include such things as "performing manual tasks, walking, talking, learning, and working." There are specific exclusions under the ADA such as homosexuality, compulsive gambling, kleptomania, sexual behavior disorders, and disorders resulting from current drug or alcohol use. Recovering or recovered drug or alcohol users are covered. 96. What kind of alterations would an employer expect to make to accommodate a disabled employee? Answer: Accommodations for a disabled employee may include the following: increased accessibility and usability; restructuring jobs or modifying work schedules; purchasing new equipment or modifying old equipment for use by the disabled; and, providing appropriate training materials or assistance modified to fit the needs of disabled employees. 97. A cashier easily becomes fatigued because she can make only partial use of one of her legs. As a result, she has difficulty making it through her shift. The employee requests a stool because sitting greatly reduces the fatigue. Is she justified in making such a request? Discuss. Answer: Yes. This accommodation is reasonable because it is a common-sense solution to remove a workplace barrier being required to stand when the job can be effectively performed sitting down. This "reasonable" accommodation is effective because it addresses the employee's fatigue and enables her to perform her job. The ADA requires employers to make reasonable accommodation so that qualified disabled employees can succeed in the workplace. Reasonable accommodation is the process of adjusting a job or work environment to fit the needs of disabled employees. 98. A cleaning crew works in an office building. Mike is a member of the crew. He wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. The marginal functions of a second crew member include cleaning the small kitchen in the employee's lounge, which is something that Mike can perform. Mike requests his employers to allow him to clean the kitchen rather than sweeping the steps. His employer refuses the request. Is the employer legally right in doing so? Answer: No. The ADA requires employers to make reasonable accommodation so qualified disabled employees can succeed in the workplace. Reasonable accommodation is the process of adjusting a job or work environment to fit the needs of disabled employees. Restructuring jobs is one of the ways in which an employer can make reasonable accommodation for a qualified disabled employee. Mike should be the recipient of the reasonable accommodation. 99. What do the final regulations published by EEOC, while implementing Title II of Genetic Information Nondiscrimination Act (GINA), intend to do? Answer: The EEOC regulations, which became effective on January 11, 2011, are intended to: • Prohibit the use of genetic information in employment decisions. • Restrict employers from requesting, requiring, or purchasing genetic information. • Require that genetic information be maintained as a confidential medical records and place strict limits on the disclosure of genetic information. • Provide remedies for individuals whose genetic information is acquired, used, or disclosed in violation of Genetic Information Nondiscrimination Act (GINA). 100. What should be the main consideration of employers who wish to have employment disputes arbitrated? Answer: Employers who wish to have employment disputes, including discrimination disputes, arbitrated should consider the following: • Paying employees separately from the employment contract to sign arbitration agreements. • Ensuring that arbitration agreements allow for the same range of remedies contained in the antidiscrimination laws. • Allowing limited discovery in arbitration, which traditionally has no discovery process. • Permitting employees to participate in selecting neutral, knowledgeable professional arbitrators instead of using an industry arbitration panel. • Not requiring the employee to pay arbitration fees and costs. Test Bank for The Legal and Regulatory Environment of Business O. Lee Reed, Marisa Pagnattaro, Daniel Cahoy, Peter Shedd, Jere Morehead 9780073524993, 9780077437336, 9781260161793
