Employment Discrimination

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ELE-4E PRACTICE QUIZ
CHAPTER 17: EMPLOYMENT DISCRIMINATION
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 bread winner.
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.
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.
Bona fide occupational qualification.
Seniority system.
Disparate treatment.
Business necessity.
ANS:
a. Incorrect. This is a defense that may apply in some cases.
b. Incorrect. This is a defense that may apply in some cases.
c. Correct. This is a form of discrimination, not a defense to discrimination.
d. Incorrect. This is a defense that may apply in some cases.
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