Question 1

Regarding Roscoe's claim of sexual harassment, which of the following is a true statement?

Accepted Answer

A)   He will recover if Seth is able to recover because their claims will be reviewed as a group.
B)   He will not be able to prevail because Astrid did not require that he take any action toward her in order to receive a work-related benefit or avoid a work-related detriment.
C)   A recovery by Seth does not establish that Roscoe should recover because Roscoe would need to show that he subjectively found Astrid's conduct personally offensive.
D)   Astrid's actions would be reviewed only on an objective basis, and what Roscoe subjectively thought is irrelevant.
E)   Roscoe will be able to recover only if he can establish that he did not benefit through favors at work based upon Astrid's actions.F) A) and B)
G) None of the above

Question 2

Which of the following statements is false regarding the Americans with Disabilities Act?

Accepted Answer

A)   A person is covered under the law if he or she is regarded as having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
B)   A person is covered under the law if he or she has a record of having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
C)   Claims based on emotional or psychiatric impairments are not allowed.
D)   Typical accommodations for those with mental disabilities include providing a private office, flexible work schedule, restructured job, or time off for treatment.
E)   An employer who has repeatedly violated the act may be subject to fines of up to $100,000.F) None of the above
G) A) and B)

Question 3

Only one state prohibits discrimination on the basis of sexual orientation.

Accepted Answer

A) True 
 B)False

Question 4

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
-Does ABC Corporation have any duty to provide Keanu with a second elevator, assuming Keanu can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability?

Accepted Answer

A)   Yes, ABC Corporation must grant Keanu's request regardless of cost, since Keanu is covered under the act with an actual physical disability.
B)   No, ABC Corporation is not required to accommodate Keanu unless the act until his doctor certifies that he has reached maximum medical improvement and will not get any better.
C)   No, ABC Corporation will likely not be required to put in the second elevator because under the act, an employee is not supposed to ask for any accommodation from the employer.
D)   No, ABC Corporation will likely not be required to put in the second elevator because Keanu can move his workstation, and putting in a second elevator would probably be an undue hardship on the employer.
E)   No, ABC Corporation will likely not have to put in a second elevator because it will not benefit other employees, and an employer only has to make a change to a building as an accommodation under the act if the change will benefit a substantial number of employees.F) C) and D)
G) C) and E)

Question 5

When bringing an age discrimination claim, what must the plaintiff show in order to create the inference that age was a determining factor in the termination?

Accepted Answer

A)   He or she belongs to a protected class and was terminated under circumstances giving rise to an inference of discrimination.
B)   He or she belongs to a protected class, the termination was based under circumstances giving rise to an inference of discrimination, and he or she was replaced by someone outside the protected class.
C)   He or she belongs to a protected class, the termination was based under circumstances giving rise to an inference of discrimination, and he or she was qualified for the position held.
D)   He or she belongs to a protected class and was qualified for the position held.
E)   He or she was qualified for the position held and he or she was replaced by someone outside of the protected class.F) A) and C)
G) A) and E)

Question 6

Gavin and Abby worked for Mega Grocery, a chain of grocery stores. Gavin was a manager, and Abby was a cashier. Gavin was angry with Abby because she would not go on a date with him. Mega Grocery set up, maintained, and allowed employees to use an online forum to post suggestions and complaints. Gavin and some other employees posted derogatory comments regarding Abby, criticized her for refusing to go out with Gavin, and poked fun at her appearance. Abby complained to Mega Grocery's human resource manager who told her that the forum was open to all employees, that Mega Grocery had a policy of not interfering, and that Abby should just post a reply. Discuss whether Mega Grocery should be required to intervene or whether Mega Grocery is allowed to have an open forum. Also, discuss what you ethically believe the law should be in this area.

Accepted Answer

Mega Grocery would have a duty to interv...

Question 7

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
-Does ABC Corporation have any duty to provide Zeke with a private office?

Accepted Answer

A)   No, ABC Corporation would not have to provide Zeke with a private office because he is not covered by the Americans with Disabilities Act.
B)   No, ABC Corporation would not have to provide Zeke with a private office because the only accommodation mandated for those with his condition is time off for counseling.
C)   No, ABC Corporation would not have to provide Zeke with a private office because the act only contemplates accommodation through the placement of additional equipment to assist those with disabilities.
D)   Yes, ABC Corporation would absolutely have to provide Zeke with a private office.
E)   Yes, ABC Corporation would likely be required to provide Zeke with a private office unless the accommodation requested is not reasonable and would place an undue burden on the company.F) A) and D)
G) A) and B)

Question 8

In response to a Title VII action, an employer may raise the bona fide occupational qualification defense, which allows an employer to discriminate in certain circumstances when doing so is necessary for the performance of the job.

Accepted Answer

A) True 
 B)False

Question 9

In order to prove disparate treatment employment discrimination under Title VII, what is the first showing a plaintiff must make?

Accepted Answer

A)   The plaintiff would demonstrate a prima facie case of discrimination.
B)   The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext.
C)   The plaintiff would prove beyond a reasonable doubt that discrimination occurred.
D)   The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused.
E)   The plaintiff would show that other people were also being discriminated against.F) C) and D)
G) A) and E)

Question 10

Is Seth's statement true concerning the need for psychological counseling to prevail on a sexual harassment claim?

Accepted Answer

A)   No, a plaintiff is not required to show a tangible psychological injury in order to prevail on a sexual harassment claim.
B)   Yes, a plaintiff is required to show a tangible psychological injury in order to prevail on any sexual discrimination or sexual harassment claim.
C)   Yes, a plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless an independent witness can corroborate on an objective basis that sexual harassment actually occurred.
D)   Yes, a plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless the plaintiff can show that the harassment caused the plaintiff monetary harm in the form of lost wages because of inability to work.
E)   Yes, a plaintiff is only excused from showing a tangible psychological injury in a claim involving sexual harassment if the plaintiff can prove beyond a reasonable doubt that severe and pervasive harassment frequently occurred.F) B) and E)
G) A) and B)

Question 11

Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

Accepted Answer

A)   The plaintiff wins.
B)   The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge.
C)   The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur.
D)   The burden remains with the plaintiff to prove discrimination beyond a reasonable doubt, a special standard in disparate-treatment cases.
E)   The burden remains with the plaintiff to establish damages to a reasonable certainty.F) A) and D)
G) C) and E)

Question 12

At-will employment principles are only considered a right that an employer or potential employer has, not an employee.

Accepted Answer

A) True 
 B)False

Question 13

Shawn is a 52 year old professor who believes he has been discriminated against because of his age. He asks his friend Michelyn if he has any recourse under the ADEA since he is 52. Michelyn says the act does not apply to him. Is she correct?

Accepted Answer

A)   Yes, the ADEA only applies to those over 65.
B)   Yes, the ADEA only applies to females.
C)   Yes, the ADEA only to those who are retired.
D)   No, the ADEA would apply to Shawn since he is age 40 or older.
E)   The ADEA does not apply to age but to disability.F) None of the above
G) B) and C)

Question 14

A corporation that is clearly a foreign corporation and not controlled by an American entity is not subject to U.S. equal employment laws.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following measures a psychological trait needed to perform a job?

Accepted Answer

A)   Content validity
B)   Criterion-related validity
C)   Construct validity
D)   Object validity
E)   Performance validityF) B) and E)
G) A) and B)

Question 16

________ of the Civil Rights Act of 1964 deals with discrimination in employment.

Accepted Answer

A)   Title VII
B)   Title VI
C)   Title V
D)   Title IV
E)   Title IIIF) B) and E)
G) A) and E)

Question 17

[Pregnancy Peril] Julia, a server at Café Sunshine, found out she was pregnant. She was aware that Billy, her employer, had allowed employees who were ill for reasons unrelated to work to take paid time off. For example, Raul, another server, was off with pay for two months after suffering a mild heart attack, and Audrey, a cook, was off work for three months when she ran her personal watercraft into a dock and broke her leg. Julia, therefore, happily told Billy about her pregnancy. He angrily replied that as set forth in the employee handbook, pregnancy was completely voluntary; that she was not entitled to a dime when she was off work; and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. According to Billy, being slender was a bona fide occupational qualification for all servers. He said that because the restaurant serves families, he was concerned that kids would ask embarrassing questions of their parents regarding Julia's condition. Julia was angry and threatened to sue. Billy told her, however, that he had taken a business law class back in 1980 and learned that discrimination based on pregnancy is not covered by Title VII.
-Is Julia entitled to be paid for time she is medically required to be off work because of her pregnancy?

Accepted Answer

A)   No, courts have ruled that while an employer cannot fire a pregnant employee based on the pregnancy, employers do not have to pay the employee for time off because pregnancy is a voluntary condition; Julia is, therefore, not entitled to paid time off.
B)   All employers covered by Title VII must pay employees for the time they are off work for pregnancy and for twelve weeks after delivery; It does not matter whether Julia's time off is medically required.
C)   Yes, all employers covered by Title VII must pay employees half their pay for the time they are medically required to be off work for pregnancy; Julia is, therefore, entitled to at least some paid time off.
D)   Yes, employers under Title VII must treat temporary disability caused by pregnancy the same as any other temporary disability; since Billy paid employees who were off work based upon other temporary disabilities, he should be required to pay Julia as well.
E)   No, courts have ruled that employers only have to pay employees for time they are medically required to be off work for pregnancy if the employee handbook provides for such payments; Julia is, therefore, not entitled to paid time off.F) A) and C)
G) A) and B)

Question 18

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
-Will Cindy, Zeke, and Keanu be able to go directly to federal court with claims against ABC Corporation?

Accepted Answer

A)   Yes, they will be able to do so.
B)   Zeke and Keanu will be able to go straight to court; but plaintiffs alleging coverage based on a mental disability, such as Cindy, must first file a charge with the EEOC or an appropriate state agency.
C)   Cindy will be able to go straight to court, but Zeke and Keanu will have to first file a charge with the EEOC or an appropriate state agency because only plaintiffs alleging coverage under the act based on a mental disability may go straight to court.
D)   Only Keanu must first file a charge with the EEOC or an appropriate state agency because his claim is the only claim that would involve a substantial amount of money.
E)   No, Cindy, Zeke, and Keanu must all first file a charge with the EEOC or with an appropriate state agency, and they will not be allowed to proceed in federal court without doing so.F) C) and D)
G) A) and B)

Question 19

Which of the following amended Title VII to expand the definition of sex discrimination to include discrimination based on pregnancy?

Accepted Answer

A)   Equal Pay Act of 1963
B)   Americans with Disabilities Act
C)   Sex Discrimination and Employment Act of 1967
D)   Pregnancy Discrimination Act of 1987
E)   Sex Discrimination Act of 1973F) B) and C)
G) A) and E)

Question 20

Under which federal law is sexual orientation specifically prohibited as a reason an employer cannot discriminate.

Accepted Answer

A)   Title VII of the Civil Rights Act
B)   The EEOC Employment Act
C)   The American's with Disabilities Act
D)   All states have antidiscrimination laws that protect sexual orientation.
E)   While there is no federal law specifically prohibiting discrimination based on sexual orientation, some states do have laws prohibiting discrimination based on sexual orientation.F) B) and D)
G) A) and E)

Exam 43: Employment Discrimination

Shawn is a 52 year old professor who believes he has been discriminated against because of his age. He asks his friend Michelyn if he has any recourse under the ADEA since he is 52. Michelyn says the act does not apply to him. Is she correct?

Correct Answer
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Mega Grocery would have a duty to interv...
View Answer

Correct Answer
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In order to prove disparate treatment employment discrimination under Title VII, what is the first showing a plaintiff must make?

Correct Answer
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Regarding Roscoe's claim of sexual harassment, which of the following is a true statement?

Correct Answer
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A corporation that is clearly a foreign corporation and not controlled by an American entity is not subject to U.S. equal employment laws.

Correct Answer
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Which of the following statements is false regarding the Americans with Disabilities Act?

Correct Answer
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Which of the following measures a psychological trait needed to perform a job?

Correct Answer
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Which of the following amended Title VII to expand the definition of sex discrimination to include discrimination based on pregnancy?

Correct Answer
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________ of the Civil Rights Act of 1964 deals with discrimination in employment.

Correct Answer
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At-will employment principles are only considered a right that an employer or potential employer has, not an employee.

Correct Answer
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Is Seth's statement true concerning the need for psychological counseling to prevail on a sexual harassment claim?

Correct Answer
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In response to a Title VII action, an employer may raise the bona fide occupational qualification defense, which allows an employer to discriminate in certain circumstances when doing so is necessary for the performance of the job.

Correct Answer
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Only one state prohibits discrimination on the basis of sexual orientation.

Correct Answer
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Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

Correct Answer
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Correct Answer
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Under which federal law is sexual orientation specifically prohibited as a reason an employer cannot discriminate.

Correct Answer
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When bringing an age discrimination claim, what must the plaintiff show in order to create the inference that age was a determining factor in the termination?

Correct Answer
verified

Exam 43: Employment Discrimination

Shawn is a 52 year old professor who believes he has been discriminated against because of his age. He asks his friend Michelyn if he has any recourse under the ADEA since he is 52. Michelyn says the act does not apply to him. Is she correct?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedMega Grocery would have a duty to interv...View AnswerShow Answer

Correct AnswerverifiedShow Answer

In order to prove disparate treatment employment discrimination under Title VII, what is the first showing a plaintiff must make?

Correct AnswerverifiedShow Answer

Regarding Roscoe's claim of sexual harassment, which of the following is a true statement?

Correct AnswerverifiedShow Answer

A corporation that is clearly a foreign corporation and not controlled by an American entity is not subject to U.S. equal employment laws.

Correct AnswerverifiedShow Answer

Which of the following statements is false regarding the Americans with Disabilities Act?

Correct AnswerverifiedShow Answer

Which of the following measures a psychological trait needed to perform a job?

Correct AnswerverifiedShow Answer

Which of the following amended Title VII to expand the definition of sex discrimination to include discrimination based on pregnancy?

Correct AnswerverifiedShow Answer

________ of the Civil Rights Act of 1964 deals with discrimination in employment.

Correct AnswerverifiedShow Answer

At-will employment principles are only considered a right that an employer or potential employer has, not an employee.

Correct AnswerverifiedShow Answer

Is Seth's statement true concerning the need for psychological counseling to prevail on a sexual harassment claim?

Correct AnswerverifiedShow Answer

In response to a Title VII action, an employer may raise the bona fide occupational qualification defense, which allows an employer to discriminate in certain circumstances when doing so is necessary for the performance of the job.

Correct AnswerverifiedShow Answer

Only one state prohibits discrimination on the basis of sexual orientation.

Correct AnswerverifiedShow Answer

Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Under which federal law is sexual orientation specifically prohibited as a reason an employer cannot discriminate.

Correct AnswerverifiedShow Answer

When bringing an age discrimination claim, what must the plaintiff show in order to create the inference that age was a determining factor in the termination?

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Mega Grocery would have a duty to interv...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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