Question 1

Which of the following acts prohibits an employer from paying workers of one gender less than the wages paid to employees of the opposite gender for work that requires equal skill,effort,and responsibility?

Accepted Answer

A)  Disabled Discrimination and Employment Act of 1967
B)  Civil Rights Act of 1964
C)  Americans with Disabilities Act
D)  Sex Discrimination and Employment Act of 1967
E)  Equal Pay Act of 1963

Question 2

The issue of whether a hostile work environment exists is only considered by courts in the context of harassment based upon gender.

Accepted Answer

A) True 
 B)False

Question 3

When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

Accepted Answer

A)  At any time after 90 days have elapsed since the filing of the charge.
B)  At any time after the charge is filed.
C)  At any time after 60 days have elapsed since the filing of the charge.
D)  At any time after 180 days have elapsed since the filing of the charge.
E)  The plaintiff does not have the right to request a right-to-sue letter from the EEOC.

Question 4

Which of the following is not a typical accommodation employers provided for employees with a mental disability?

Accepted Answer

A)  Restructured job
B)  Less interaction with coworkers
C)  Flexible work schedule
D)  Time off work for treatment
E)  A private office

Question 5

Under which exemption,if any,may an individual after age 65 be subject to termination under the Age Discrimination in Employment Act if the individual has been employed as a bona fide executive for at least two years immediately before retirement,and on retirement he or she is entitled to non-forfeitable annual retirement benefits of at least $44,000?

Accepted Answer

A)  The retirement exemption
B)  The executive exemption
C)  The guaranteed income stream exemption
D)  The forfeiture exemption
E)  There is no such exemption

Question 6

In response to a plaintiff's prima facie case of discrimination based on disparate treatment,what burden does the defendant have?

Accepted Answer

A)  The defendant does not have a burden,as it is the plaintiff's duty to establish his or her case.
B)  The defendant must show that the alleged "business necessity" is not a mere pretext.
C)  The defendant must articulate why the policy or practice is a "business necessity."
D)  The defendant must articulate a legitimate,nondiscriminatory business reason for the action.
E)  The defendant must articulate a reasonable business reason for the action.

Question 7

Which of the following acts prohibits discrimination against employees and job applicants with disabilities?

Accepted Answer

A)  Equal Pay Act of 1963
B)  Americans with Disabilities Act
C)  Disabled Discrimination Act
D)  Disabled Discrimination and Employment Act of 1967
E)  Disabled Americans Act

Question 8

The Americans with Disabilities Act's definition of disabled individuals includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following statements is true regarding whether employers may discriminate against smokers?

Accepted Answer

A)  There is a federal law specifically prohibiting employers from firing employees who smoke,but it does not address the hiring of those who smoke.
B)  There is no federal law prohibiting employers from firing employees who smoke although some states have laws protecting rights of smokers.
C)  There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke.
D)  There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke,and it also requires that employers have a designated smoking area.
E)  Neither federal nor state laws prohibit employers from firing employees who smoke.

Question 10

What was the holding of the appellate court in Dixon v.University of Toledo,the case in the text in which the plaintiff alleged a violation of the Equal Pay Act?

Accepted Answer

A)  That the plaintiff correctly made out her prima facie case through establishing that there was no basis upon which her termination could be legally based and that the male successor was hired almost immediately following her termination.
B)  That the defendant was entitled to a judgment in its favor because a claim under the Equal Pay Act cannot be based on a male successor's pay rate.
C)  That the defendant was entitled to a judgment in its favor because Title VII subsumed the provisions of the Equal Pay Act,and the plaintiff was required to name Title VII in her complaint.
D)  That the plaintiff correctly made out her prima facie case by alleging the wage differential between her pay at termination and her successor's pay at the onset of his new position.
E)  That the defendant was entitled to a judgment in its favor because it established that the plaintiff was fired for cause.

Question 11

In Title VII cases based on discrimination other than race,which of the following statements is true regarding caps on punitive damages?

Accepted Answer

A)  Punitive damages are capped at $75,000 for employers of between 50 and 200 employees.
B)  Punitive damages are capped at $300,000 for employers of more than 500 employees.
C)  Punitive damages are capped at $50,000 for employers of between 100 and 200 employees.
D)  Punitive damages are capped at $25,000 for employers of between 25 and 50 employees.
E)  There is no cap on punitive damages.

Question 12

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 the act only contemplates accommodation through the placement of additional equipment to assist those with disabilities.
B)  Yes,ABC Corporation would absolutely have to provide Zeke with a private office.
C)  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.
D)  No,ABC Corporation would not have to provide Zeke with a private office because he is not covered by the Americans with Disabilities Act.
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.

Question 13

When evaluating an Equal Pay Act claim,which of the following is not a factor a court will look at to determine if the work is considered equal?

Accepted Answer

A)  Skill
B)  Working conditions
C)  Time
D)  Responsibility
E)  Effort

Question 14

Prima facie is Latin for ________.

Accepted Answer

A)  By a preponderance
B)  A provable case
C)  At first view
D)  Beyond a reasonable doubt
E)  Probable cause

Question 15

Which of the following statements reflects the primary purpose of the Equal Pay Act?

Accepted Answer

A)  To eliminate situations in which women and also men were not paid equally for doing substantially the same job.
B)  To eliminate situations in which women and men were being paid less that deserved for certain types of work.
C)  To eliminate situations in which men,women,and those of a different national origin were denied overtime compensation and fair working conditions.
D)  To eliminate situations in which both men and women were denied overtime compensation and fair working conditions.
E)  To eliminate situations in which women,working alongside men or replacing men,would be paid lower wages for doing substantially the same job.

Question 16

[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 turning50.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 win on a claim under the Americans with Disabilities Act?

Accepted Answer

A)  No,Cindy will lose unless she can establish that she has a personality disorder because that is the only type of mental disability covered by the act.
B)  No,Cindy will lose because mental disabilities are not covered under the act.
C)  No,Cindy will lose unless at least until she can establish that she has been in counseling for at least six months because that is required in order to establish a mental disability under the act.
D)  Yes,Cindy will likely win because mental disabilities are covered under the act,and she had the right to ask for anything that would help her.
E)  No,Cindy will likely lose because she has no proof of a mental impairment that substantially limits one or more of her major life activities.

Question 17

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

Question 18

The concept of at-will employment excludes the concept that an employee may quit at any time.

Accepted Answer

A) True 
 B)False

Question 19

State laws may give employees less,but not more,protection than federal law.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

Accepted Answer

A)  An employer may only be held liable in such cases if quid pro quo harassment is involved.
B)  An employer may only be held liable in such cases if disparate-impact harassment is involved.
C)  An employer cannot be held liable in such cases because the employer has no control over the nonemployee.
D)  An employer is liable as a matter of law in such cases because an employer has an absolute duty to provide a work environment that is free of harassment.
E)  An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee,yet the employer does nothing to remedy the situation.

Exam 43: Employment Discrimination

Which of the following acts prohibits discrimination against employees and job applicants with disabilities?

Correct Answer
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When evaluating an Equal Pay Act claim,which of the following is not a factor a court will look at to determine if the work is considered equal?

Correct Answer
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When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

Correct Answer
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Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

Correct Answer
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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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Which of the following acts prohibits an employer from paying workers of one gender less than the wages paid to employees of the opposite gender for work that requires equal skill,effort,and responsibility?

Correct Answer
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Correct Answer
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The Americans with Disabilities Act's definition of disabled individuals includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Correct Answer
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Which of the following statements is true regarding whether employers may discriminate against smokers?

Correct Answer
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Prima facie is Latin for ________.

Correct Answer
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Does ABC Corporation have any duty to provide Zeke with a private office?

Correct Answer
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In response to a plaintiff's prima facie case of discrimination based on disparate treatment,what burden does the defendant have?

Correct Answer
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In Title VII cases based on discrimination other than race,which of the following statements is true regarding caps on punitive damages?

Correct Answer
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Which of the following statements reflects the primary purpose of the Equal Pay Act?

Correct Answer
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What was the holding of the appellate court in Dixon v.University of Toledo,the case in the text in which the plaintiff alleged a violation of the Equal Pay Act?

Correct Answer
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Which of the following is not a typical accommodation employers provided for employees with a mental disability?

Correct Answer
verified

The issue of whether a hostile work environment exists is only considered by courts in the context of harassment based upon gender.

Correct Answer
verified

The concept of at-will employment excludes the concept that an employee may quit at any time.

Correct Answer
verified

State laws may give employees less,but not more,protection than federal law.

Correct Answer
verified

Exam 43: Employment Discrimination

Which of the following acts prohibits discrimination against employees and job applicants with disabilities?

Correct AnswerverifiedShow Answer

When evaluating an Equal Pay Act claim,which of the following is not a factor a court will look at to determine if the work is considered equal?

Correct AnswerverifiedShow Answer

When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

Correct AnswerverifiedShow Answer

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

Correct AnswerverifiedShow Answer

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

Which of the following acts prohibits an employer from paying workers of one gender less than the wages paid to employees of the opposite gender for work that requires equal skill,effort,and responsibility?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The Americans with Disabilities Act's definition of disabled individuals includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Correct AnswerverifiedShow Answer

Which of the following statements is true regarding whether employers may discriminate against smokers?

Correct AnswerverifiedShow Answer

Prima facie is Latin for ________.

Correct AnswerverifiedShow Answer

Does ABC Corporation have any duty to provide Zeke with a private office?

Correct AnswerverifiedShow Answer

In response to a plaintiff's prima facie case of discrimination based on disparate treatment,what burden does the defendant have?

Correct AnswerverifiedShow Answer

In Title VII cases based on discrimination other than race,which of the following statements is true regarding caps on punitive damages?

Correct AnswerverifiedShow Answer

Which of the following statements reflects the primary purpose of the Equal Pay Act?

Correct AnswerverifiedShow Answer

What was the holding of the appellate court in Dixon v.University of Toledo,the case in the text in which the plaintiff alleged a violation of the Equal Pay Act?

Correct AnswerverifiedShow Answer

Which of the following is not a typical accommodation employers provided for employees with a mental disability?

Correct AnswerverifiedShow Answer

The issue of whether a hostile work environment exists is only considered by courts in the context of harassment based upon gender.

Correct AnswerverifiedShow Answer

The concept of at-will employment excludes the concept that an employee may quit at any time.

Correct AnswerverifiedShow Answer

State laws may give employees less,but not more,protection than federal law.

Correct AnswerverifiedShow Answer

Correct Answer
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