BLTS-10E PRACTICE QUIZ CHAPTER 25: EMPLOYMENT DISCRIMINATION AND DIVERSITY 1. The most important federal statute that works to prohibit employment discrimination against members of protected classes is: a. b. c. d. The Equal Pay Act of 1963. The Americans with Disabilities Act of 1990. Title VII of the Civil Rights Act of 1964. The Age Discrimination in Employment Act of 1967. ANS: a. Incorrect. This is not the most important federal statute dealing with employment discrimination. b. Incorrect. This is not considered to be the most important federal statute dealing with employment discrimination, though it is becoming more important. c. Correct. Title VII is considered to be the most important federal statute dealing with employment discrimination. d. Incorrect. The Age Discrimination in Employment Act is not the most important act in this area. 2. If Min is able to show that she is qualified for the job, and that Tiffany, a Caucasian who is less qualified, is hired instead of her, what has she Min done? a. b. c. d. ANS: a. b. c. d. Made a prima facie case of illegal discrimination. Proved a violation of the FLSA. Proved a violation of the sexual-harassment laws. Made no legal progress. Correct. If Min has made a prima facie case of illegal discrimination. Incorrect. Min does not prove a violation of the Fair Labor Standards Act. Incorrect. Min does not prove a violation of sexual-harassment law. Incorrect. Min has made progress towards a case of illegal discrimination. 3. Now assume that Min lives in an area with a high percentage of Asian workers. Many of these workers are legal immigrants who have relatively little college training. If, when Min applies for her job, she is given an examination designed for a college graduate, and if she and most Asian applicants fail to pass the test, what problem might the employer have? a. The employer might be engaged in disparate-harm discrimination. b. The employer might have violated the ADA. c. The employer might be engaged in disparate-impact discrimination. d. The employer has almost certainly done nothing wrong in this case. ANS: a. Incorrect. There is no disparate-harm discrimination. b. Incorrect. There is not evidence that the employer has violated the Americans with Disabilities Act. c. Correct. The employer might be using the examination as a hiring procedure that has a disparate impact on some nonwhite workers. If, by using the examination, the employer’s workforce does not reflect the percentage of Asians in the local labor market, it may be engaged in disparate-impact discrimination. d. Incorrect. The employer may have done something wrong in this case. 4. Joe tells Kathy that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, what is this known as? a. b. c. d. Hostile-environment harassment. Quid pro quo harassment. Settled harassment. Invidious harassment. ANS: a. Incorrect. Although it is harassment, it is not hostile-environment harassment yet. b. Correct. This is quid pro quo harassment because Joe is premising Kathy's raise on her granting him sexual favors. c. Incorrect. This is not known as settled harassment. d. Incorrect. The behavior may be invidious, but it is not known as invidious harassment. 5. Assume that Melanie and David both work at comparable jobs at Technology Impact, Inc. Melanie is paid 15 percent less than David, however. Which of the following IS NOT a legitimate defense to this pay inequality? a. The company has a merit system in place, and David has performed better at his job than Melanie. b. The company has a seniority system, and David has been with the company longer than Melanie. c. The company has a policy of discounting women's pay because they are typically the second breadwinner. d. The company pays according to quantity and David produces more. ANS: a. Incorrect. This is a legitimate defense. b. Incorrect. This is a legitimate defense. c. Correct. This is not a legitimate defense and may constitute a violation of the Equal Pay Act. d. Incorrect. This is a legitimate defense. 6. The most widespread potential form of discrimination is: a. b. c. d. Racial discrimination. Gender discrimination. Religious discrimination. Age discrimination. ANS: a. Incorrect. Age discrimination is potentially more widespread because anyone can be a victim. b. Incorrect. Only half the population could be victimized. c. Incorrect. Religious discrimination does not have the potential to be the most widespread form of discrimination. d. Correct. Because anyone could face age discrimination, it is potentially the most widespread form of discrimination. 7. Which of the following conditions is not considered to be a disability under the Americas with Disabilities Act (ADA) of 1990? a. b. c. d. Kleptomania. Carpal tunnel syndrome. Acquired immune deficiency syndrome (AIDS). Cerebral palsy. ANS: a. Correct. This condition is specifically excluded from coverage under the ADA. b. Incorrect. The United States Supreme Court has recently held that this can qualify as a disability under the act. c. Incorrect. AIDS is regarded as a disability under the act. d. Incorrect. This is regarded as a disability under the act. 8. People recovering from alcoholism: a. Are protected by the ADA. b. Are not protected by the ADA. c. Must be given first priority in employment applications to further the public policy against substance abuse. d. Need to be accommodated by employers even if they pose a threat to the health or safety of their co-workers. ANS: a. b. c. d. Correct. People recovering from alcoholism are protected by the ADA. Incorrect. People recovering from alcoholism are protected by the ADA. Incorrect. This is not required under the ADA. Incorrect. The ADA does not require employers to hire or retain workers who pose a “direct threat to the health or safety” of their co-workers. 9. Which of the following is not a defense to discrimination under Title VII? a. b. c. d. ANS: a. b. c. d. Bona fide occupational qualification. Seniority system. Disparate treatment. Business necessity. Incorrect. This is a defense that may apply in some cases. Incorrect. This is a defense that may apply in some cases. Correct. This is a form of discrimination, not a defense to discrimination. Incorrect. This is a defense that may apply in some cases. 10. Which of the following statements is not true with respect to state statutes prohibiting employment discrimination? a. State laws often provide protection for certain individuals who are not protected under federal laws. b. State laws may apply to firms with fewer employees than the threshold number required under federal statutes, thus offering protection to a broader number of workers. c. State laws may provide for additional damages, such as damages for emotional distress, which are not provided for under federal statutes. d. State laws governing employment discrimination are uniform throughout the country, thus allowing plaintiffs to enjoy more predictability with respect to the outcomes of their cases in state courts. ANS: a. b. c. d. Incorrect. This is a true statement. Incorrect. This is a true statement. Incorrect. This is a true statement. Correct. This statement is untrue--state laws governing employment discrimination are far from uniform.