QUIZZES-LAW10-FALL2011

 

Chp 34 Employment Discrimination 

 

1. Hu believes that he is a victim of a form of employment discrimination

that falls under Title VII of 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 Opportunities Commission.

 

2. Lew, a member of a protected class, applies for a job with Mit-E

Construction Company, but fails Mit-E’s employment test and is not

hired. Lew believes that the test has an unintentionally discriminatory

effect. If so, this is

a. desperate-measure discrimination.

b. disparate-impact discrimination.

c. disparate-treatment discrimination.

d. not discrimination.

 

3. Riki files an employment, gender-based discrimination suit against

Superior Corporation under Title VII, on a disparate-impact theory. To

succeed, Riki must show that Superior hires fewer women than the percentage

of

a. qualified women in the local labor market.

b. qualified women in the United States.

c. women in Superior’s state.

d. women who apply to Imperial for work.

 

4. Gail is an employee of Home Appliances, Inc., but is unable to perform

her job because of her pregnancy. Gail is

a. entitled to disability leave only if Home treats other temporarily

disabled employees similarly.

b. entitled to disability leave under any circumstances.

c. not entitled to disability leave because she cannot perform her job.

d. not entitled to disability leave under any circumstances.

 

5. Research Statistics Corporation uses a merit system to pay its employees

according to their job performance. Suki, a female, and Troy, a male, are

Research employees with comparable jobs. Due to superior performance,

Suki is paid more than Troy. This is

a. disparate-impact discrimination.

b. gender discrimination.

c. not discrimination.

d. reverse discrimination.

 

6. United Industrial Corporation gives preferential treatment in hiring

and promotion to the members of all protected classes. This treatment

results in discrimination against members of the majority. This is

a. a bona fide occupational practice.

b. a business necessity.

c. constructive discharge.

d. reverse discrimination.

 

7. Rona is Stu’s administrative assistant and both work for TriCounty

Labor Inc. Stu tells Rona that for sexual favors, he will give her an

excellent performance review and recommend a raise. This is

a. harassment on the basis of sexual orientation.

b. hostile-environment harassment.

c. not harassment.

d. quid pro quo harassment.

 

Fact Pattern 34-1B (Questions B8–B9 apply)

Kit, manager of Long-Term Care Company’s office in Metro City, decides to

replace the office’s male employees with females. Nia, an assistant manager

transferred from a different Long-Term Care office, refuses to cooperate. Kit

retaliates against Nia, who quits. Within a year, the male employees also quit.

 

8. Refer to Fact Pattern 34-1B. Kit’s conduct is most likely a violation of

a. no law.

b. the Age Discrimination in Employment Act.

c. the Americans with Disabilities Act.

d. Title VII of the Civil Rights Act.

 

9. Refer to Fact Pattern 34-1B. Liability for Kit’s conduct most likely rests

with

a. Long-Term Care male employees, who should have acted

themselves.

b. Long-Term Care, which should have known, and Kit, who acted.

c. Nia, who did not cooperate.

d. no one, because no law was violated.

 

10. Marie, an employee of Nickel Tool Company, files a sexual-harassment

suit against Owen, her supervisor. Marie wins. Nickel may also be liable

if it had effective harassment policies and complaint procedures, and

a. Marie failed to follow them.

b. Marie followed them.

c. Owen failed to follow them.

d. Owen followed them.

 

11. Svetlana, a fifty-five-year-old member of a racial minority with a

disability, believes that she is a victim of employment discrimination.

Potentially the most widespread form of discrimination is based on

a. age.

b. disability.

c. gender.

d. race.

 

12. Mold & Dye Corporation is a private employer involved in a Title VII

employment discrimination suit. Punitive damages may be recovered

against Mold & Dye only if the employer

a. acted with malice or reckless indifference.

b. can easily afford to pay the amount.

c. has one hundred or more employees.

d. none of the choices.

 

Fact Pattern 34-2B (Questions B13–B14 apply)

Lita replaces Manny in his job at Neighborly Business Corporation (NBC).

 

13. Refer to Fact Pattern 34-2B. Manny believes that he has been

discriminated against on the basis of his age. For the Age Discrimination

in Employment Act of 1967 to apply

a. all parties must be forty years of age or younger.

b. Lita must be forty years of age or older.

c. Manny must be forty years of age or older.

d. NBC must have been in existence for at least forty years.

 

14. Refer to Fact Pattern 34-2B. To succeed with an age-discrimination

claim against CBC, Manny will have to show that

a. Lita is not qualified for Manny’s job.

b. Manny is qualified for his job.

c. NBC’s qualifications for Manny’s job are too high.

d. no one could do Manny’s job as well as he could.

 

15. Dan has AIDS, Eve is blind, and both work for First National Bank. Considered

disabled under the Americans with Disabilities Act

a. are Dan and Eve.

b. is Dan only.

c. is Eve only.

d. is neither Dan nor Eve.

 

16. Dick is easily embarrassed, Elin is easily sunburned, and both work for

First City Bank. Considered disabled under the Americans with

Disabilities Act

a. are Dick and Elin.

b. is Dick only.

c. is Elin only.

d. is neither Dick nor Elin.

 

17. Paolo has cerebral palsy, Quincy has kleptomania, and both work for

Reality Insurance Company. Considered disabled under the Americans

with Disabilities Act

a. are Paolo and Quincy.

b. is Paolo only.

c. is Quincy only.

d. is neither Paolo nor Quincy.

 

18. Flynn is an alcoholic. Gert is morbidly obese. Both work for Helpful

Credit Company. Considered disabled under the Americans with

Disabilities Act

a. are Flynn and Gert.

b. is Flynn only.

c. is Gert only.

d. is neither Flynn nor Gert.

 

19. Machine Corporation requires its employees to have a high school

diploma, claiming a definite connection between a high school education

and job performance. In a suit against Machine Corporation under Title

VII, this requirement is shown to have a discriminatory effect. The

employer has

a. an affirmative action defense.

b. a bona fide occupational qualification defense.

c. a business necessity defense.

d. no defense.

 

20. Chris sues Delta, Inc., for employment discrimination under a state law.

When compared to federal law, state law may apply to firms with

a. fewer employees.

b. more employees only.

c. no employees.

d. the same number of employees only.