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Exam 27: Employment Discrimination

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Question 1

Multiple Choice

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Sara believes that she was rejected for a position at Travel Agency on the basis of her race. Sara files a suit against Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

A) she is a member of a protected class.
B) she applied and was qualified for the job in question.
C) she was rejected for a position by the employer.
D) other persons of her race hold similar positions with similar employers.

E) C) and D)
F) A) and D)

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Question 2

Multiple Choice

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Inez files an employment discrimination suit against Jiffy Delivery Service, Inc., under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes

A) imprisonment.
B) reinstatement.
C) temporary suspension of business operations.
D) an order to shutdown the employer's business.

E) C) and D)
F) A) and D)

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Question 3

True/False

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Employers can refuse to promote employees based on their gender.

The Age Discrimination in Employment Act prohibits employment discrimination on the basis of age against individuals up to forty years of age.

The Age Discrimination in Employment Act extends to federal government employees.

Mena, a female, and Neil, a male, are employees of Operation Business Corporation. Mena regularly e-mails sexually explicit images to Neal via Operation's network. Neil finds this offensive. This is most likely

Sexual harassment occurs when a pattern of sexually offensive conduct permeates a workplace sufficiently to create an abusive environment.

If an employer sued for an adverse employment action on the basis of discrimination identifies a legal reason for the action, the case is won.

A constructive discharge does not qualify as a tangible employment action.

Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

The Americans with Disabilities Act defines disability to include a physical or mental impairment that causes "undue hardship."

In addition to intentional discrimination, Title VII of the Civil Rights Act prohibits unintentional discrimination.

Fact Pattern 27-1 Craig applies for a job at Dispatch Transport, Inc., for which he is well qualified. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Craig is rejected. Dispatch continues to seek applicants. Refer to Fact Pattern 27-1. To successfully defend itself against Craig's suit, Dispatch must show that

Sweet Air Filtration Products Company, a major supplier of air filters sold throughout the United States, employs one hundred workers at its principal manufacturing plant. The plant is located in Thunder Bay, which has a population that is 50 percent white and 25 percent African American, with the balance Hispanic American, Asian American, and others. Sweet Air requires a high school diploma as a condition of employment for its cleaning crew. Three-fourths of the white population completed high school, compared with only one-fourth of those in the minority groups. Sweet Air has an all-white cleaning crew. Has Sweet Air violated the Civil Rights Act? Explain.

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is

Resort Company replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is

State employers can be immune from private suits brought by employees under the Age Discrimination in Employment Act.

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover

Under the Age Discrimination in Employment Act, the plaintiff must show that the unlawful discrimination was only one of the reasons for an adverse employment action.

The Equal Pay Act requires equal pay for male and female employees working at the same establishment, regardless of the work they do.