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Exam 28: Employment Discrimination

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Question 31

Multiple Choice

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Elsa participates in an investigation into possible violations of the Civil Rights Act at Foundry,Inc.,where she works.As a result,Elsa's employer demotes her.Elsa can file a 

A)  ​harassment complaint. 
B)  ​retaliation claim. 
C)  ​constructive discharge claim. 
D)  ​disparate-impact discrimination claim.

E) A) and B)
F) A) and C)

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Question 32

Multiple Choice

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Iago believes that he is a victim of a form of employment discrimination that falls under the Civil Rights Act.Compliance with this statute is monitored by 

A)  ​employees and job applicants, not an administrative agency. 
B)  ​employers and businesses, not an administrative agency. 
C)  ​the courts and Congress, not an administrative agency. 
D)  ​the Equal Employment Opportunity Commission.

E) C) and D)
F) B) and C)

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Question 33

True/False

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

Helene,a disabled person,applies for a job at Industrial Engineering Applications Inc.for which she is well qualified,but for which she is rejected.Industrial Engineering continues to seek applicants and eventually fills the position with a person who is not disabled.Helene is most likely to succeed in a suit against Industrial Engineering for discrimination under the Americans with Disabilities Act if she can show that 

Neville,a member of a protected class,applies for a job with Origami Paper Products Corporation,but fails the company's employment test and is not hired.Neville believes that the test has an unintentionally discriminatory effect.If so,this is 

Disparate-treatment discrimination occurs when a protected group of people is adversely affected by an employer's practices,procedures,or tests even though they do not appear to be discriminatory.

Fact Pattern 28-2Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 28-2.Lomax believes that he has been discriminated against on the basis of his age.For the Age Discrimination in Employment Act to apply 

Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act.

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.

If a wage differential is due to any factor other than gender,then it does not violate the Equal Pay Act.

Once a plaintiff succeeds in proving discrimination,the burden shifts to the employer to justify the discriminatory practice.

The Americans with Disabilities Act defines persons with disabilities as persons with physical or mental impairments that  "substantially limit" one or more everyday activities of the affected individuals.

Jerry,a paraplegic,applies for a job as a disk jockey with KLKT,a local radio station.The station's manager says,"Sorry,man.You meet all our requirements.But we need someone who can move around the broadcast studio without accommodation." Most likely,Jerry could recover from the station under 

Women affected by pregnancy must be treated the same as other persons not so affected but similar in ability to work.

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

Machine Fabrication,LLC,may be liable for the sexual harassment of an employee if it knew or should have known about the harassment,failed to take immediate action,and the harassment was committed by 

The Americans with Disabilities Act requires that employers accommodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work 

Qiana is the only female employee in the maintenance department of Rescue Vehicles Sales & Service Inc.Qiana's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit.This is 

Title VII of the Civil Rights Act prohibits job discrimination on the basis of merit.

Fact Pattern 28-2Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 28-2.To succeed with an age-discrimination claim against MVMC,Lomax will have to show that