Employment Discrimination Law
Chapter Exam Questions
Course Introduction
Employment Discrimination Law examines the legal principles and frameworks governing workplace discrimination based on race, color, religion, sex, national origin, age, disability, and other protected characteristics under statutes such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. The course explores key legal concepts, the roles of administrative agencies like the Equal Employment Opportunity Commission, the litigation process, defenses available to employers, and evolving issues such as harassment, retaliation, and affirmative action. Students will analyze judicial decisions, statutory interpretation, and practical implications for both employers and employees in various organizational settings.
Recommended Textbook
Employment Law for Business 9th Edition by Dawn D. Bennett-Alexander
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Page 2
Chapter 1: The Regulation of Employment
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Q1) Employers are not liable for most torts committed by an independent contractor within the scope of the working relationship.
A)True
B)False
Answer: True
Q2) Myra provides accounting services as an independent contractor for Great Northern.Because of this relationship,Great Northern is responsible for withholding and paying Myra's employment taxes,including federal unemployment compensation (FUTA),Social Security (FICA)and FICA excise tax.
A)True
B)False
Answer: False
Q3) The provisions of Title VII of the Civil Rights Act of 1964:
A) prohibit individuals with temporary or permanent disabilities from seeking employment.
B) prohibit discrimination in employment based on specified protected class.
C) apply to government-owned corporations.
D) apply to bona fide private membership clubs.
Answer: B
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Page 3
Chapter 2: The Employment Law Toolkit: Resources for Understanding
the Law and Recurring Legal Concepts
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Q1) Which of the following is the function of a motion for summary judgment?
A) If a party wins a motion for summary judgment, the case is remanded to a lower court.
B) If a court grants a motion for summary judgment, it means that it has determined that there is a need for the case to proceed to trial.
C) If a court grants a motion for summary judgment, it means that it will determine the issues and grant a judgment in favor of one of the parties.
D) If a party wins a motion for summary judgment, it means one of the parties did not like the facts found in the court and may appeal based on errors of law.
Answer: C
Q2) Roberta refuses to take her turn in her employer's mandatory overtime schedule,citing family commitments.Roberta's employer could discharge her for failing to meet job requirements without too much concern that a court might question its decision based on public policy reasons.
A)True
B)False
Answer: True
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Page 4
Chapter 3: Title Vii of the Civil Rights Act of 1964
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Q1) The EEOC cannot pursue an employer's violations of Title VII unless an employee files a claim.
A)True
B)False
Answer: False
Q2) If the Equal Employment Opportunity Commission (EEOC)concludes that a workplace discrimination claim does not violate Title VII of the Civil Rights Act of 1964,the employee has no right to pursue the matter further in any court.
A)True
B)False
Answer: False
Q3) The Civil Rights Act of 1964 prohibits:
A) industrialized nations from forming a free trade association among themselves.
B) employees from participating in labor unions.
C) foreign trade with less developed countries.
D) discrimination relating to employment, education, and public accommodations.
Answer: D
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Chapter 4: Legal Construction of the Employment Environment
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Q1) While interviewing Zarah Qazi for the post of marketing manager,the Vice President of Glowing Hair Products Inc.asks Zarah about the origin of her first name,if she is married,and if she plans to have children in the near future.Which of the following holds true in this scenario?
A) These questions are prohibited by federal law because they concern national origin, ethnicity, and marital status.
B) These questions are not prohibited by federal law but they could be used as evidence of discrimination because they are not job related.
C) These questions are not prohibited by federal law but there is a risk of liability if all applicants are asked the same questions.
D) These questions are prohibited by federal law only when an employer is protected under the business necessity defense.
Q2) An employer's use of a psychological test to help screen job applicants is acceptable so long as it is a widely-accepted psychological test.
A)True
B)False
Q3) What is eligibility testing? Why are eligibility tests conducted?
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Page 6
Chapter 5: Affirmative Action
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Q1) Quotas are a necessary part of any affirmative action plan.
A)True
B)False
Q2) The Apex Community Hospital has contracts with the United States Department of Veterans Affairs (VA)to provide health care for veterans.The Office of Federal Contract Compliance Programs (OFCCP)found that the hospital misrepresented the results of its affirmative action plan.Which of the following actions is the Secretary of Labor most likely to take against the Apex Community Hospital?
A) Replace the hospital's current employees with only minorities and women
B) Ask the hospital to introduce permanent employment quotas to correct underrepresentation
C) Ask the Department of Justice to initiate criminal proceedings against the hospital
D) File a lawsuit against the hospital under 42 U.S.C. Section 1983
Q3) Placement goals must be treated as a ceiling or floor for employing certain groups.
A)True
B)False
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Chapter 6: Race and Color Discrimination
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Q1) Lighter-toned Hispanics,East Asians,and Asians,among others,all have experienced serious color issues within their cultures.
A)True
B)False
Q2) Title VII's (of the Civil Rights Act of 1964)ban on racial discrimination applies:
A) only to black people.
B) specifically to black and Hispanic people.
C) to all citizens equally.
D) to all member countries of the United Nations.
Q3) Which of the following may constitute national origin discrimination?
A) Dasha is often ill-treated at work because her father is a Ukrainian.
B) Sharonda, a light-complexioned African-American, receives more job offers than her other African-American friends.
C) Nathan is not put on any international assignments because he is not comfortable living in other countries.
D) Mae is often sent on projects to Asia because she knows two to three Asian languages.
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Chapter 7: National Origin Discrimination
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Q1) In the case of Garcia v.Spun Steak Co.,the court followed the Equal Employment Opportunity Commission's (EEOC)guidelines and held that the English-only rule in the workplace violates Title VII of the Civil Rights Act of 1964.
A)True
B)False
Q2) In King v.Township of East Lampeter,the court found that the Amish are a distinct racial group and have a separate ethnic identity beyond religious observance.Thus they were protected under section 1981.
A)True
B)False
Q3) Citizenship and national origin are the same.
A)True
B)False
Q4) The Immigration Reform and Control Act (IRCA)allows discrimination in favor of U.S.Citizens (as opposed to non-U.S.Citizens legally residing in the U.S.)but only so long as the employer can demonstrate that citizenship is a BFOQ.
A)True
B)False
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Page 9
Chapter 8: Gender Discrimination
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Q1) Marcus,a prolific shoe buyer,refuses to be assisted by male store clerks.The owner of Your Shoe Town,therefore,informs his staff that only female employees should attend to Marcus because he does not want to anger a patron of his store.One of the male clerks,Austen,believes that this is illegal gender discrimination.Also,since part of his incentive pay is based on meeting the monthly sales target,he feels that this policy illegally denies him the opportunity to earn incentives because of his gender.Is Austen correct?
A) Yes, because gender can never be a bona fide occupational qualification.
B) No, because gender-based customer preferences are legitimate business concerns.
C) Yes, because customer preference is not a legitimate and protected reason to treat otherwise-qualified employees differently based on gender.
D) No, because Your Shoe Town is a private employer, and Title VII of the Civil Rights Act of 1964 does not apply to private employers.
Q2) A job application question such as,"what is your maiden name" is permissible because the employer needs to verify the applicant's job history.
A)True
B)False
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Page 10
Chapter 9: Sexual Harassment
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Q1) Frank,a maintenance worker at the Breakwater Swimming Club,is physically attracted to Brenda,one of the swimming instructors.Though Brenda has shown no interest in him,he has been stalking her,making lewd comments to her,and making sexual threats.Frank has been careful to keep his behavior very low profile.Brenda does not bring this matter up with the club's management but instead decides to quit her job and file a claim of sexual harassment against the club.Which of the following holds true in this scenario?
A) Breakwater Swimming Club will be liable for Frank's behavior, regardless of its ignorance of Frank's activities.
B) Breakwater Swimming Club can avoid liability if it can be shown that there was no way for it to be made aware that there was an issue resulting in the constructive discharge.
C) Breakwater Swimming Club will not be liable for Frank's behavior under any circumstances because private employers are not covered under Title VII of the Civil Rights Act of 1964.
D) Breakwater Swimming Club will have a cause of action against Brenda if it can be shown that Frank only made threats but did not physically harass her.
Q2) What are the elements of hostile environment sexual harassment?
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Chapter 10: Sexual Orientation and Gender Identity
Discrimination
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Q1) Sexual orientation is different from gender identity in that:
A) gender identity was given protection under Title VII through an EEOC decision, unlike sexual orientation which is not protected under Title VII.
B) sexual orientation can be corrected through gender reassignment surgery, whereas problems related to gender identity cannot be corrected through surgery.
C) unlike gender identity, sexual orientation involves individuals who feel that their body and mind are at odds.
D) employers have greater flexibility in making workplace policies and decisions related to transgenders than they do in making workplace policies and decisions related to homosexuals.
Q2) Discuss what gender identity is and how it came to be protected under Title VII of the Civil Rights Act of 1964.
Q3) Discuss some of the benefits that can be provided to LGBT employees in the workplace.
Q4) Gender identity is another way of referring to sexual orientation.
A)True
B)False
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Chapter 11: Religious Discrimination
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Q1) Title VII includes a duty to reasonably accommodate conflicts arising from which of the following protected categories?
A) religion
B) gender
C) national origin
D) all of the above
Q2) In providing reasonable accommodation,courts have found that it is an undue hardship for the employer if he or she:
A) is required to consider the employee's proposal while deciding on reasonable accommodation.
B) has to pay more than a de minimis cost to replace a worker who has religious conflicts.
C) has harmonious relations with the senior employees who will be party to a valid collective bargaining agreement.
D) comes across another employee who is more than willing to trade places with the employee who has the religious conflict.
Q3) List five ways that an employer can avoid conflicts in the workplace based on religious beliefs.
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Chapter 12: Age Discrimination
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Q1) In the event of a reduction in force,age discrimination is most likely to be proven where:
A) the employer reinstates a discharged or demoted employee covered by the Age Discrimination in Employment Act at the employee's prior salary.
B) the employer hires younger workers when the jobs become available after an employee was discharged at the prior salary of the older worker.
C) the employee being discharged is younger than the employees being retained.
D) the discharged employee is allowed to bump others with less seniority.
Q2) Which of the following statements is true of retaliation claims made under the Age Discrimination in Employment Act (ADEA)?
A) The ADEA prohibits retaliation only if it is in the form of a dismissal.
B) The ADEA does not protect federal employees from retaliation because the public sector language in the ADEA is different from the private sector language.
C) Retaliation claims cannot be made by an employee if the employee has had a negative performance review.
D) Punitive damages are available for retaliation claims.
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Chapter 13: Disability Discrimination
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Q1) If an employee believes that she or he is the subject of discrimination on the basis of disability,the typical first step is to directly file a complaint with the Equal Employment Opportunity Commission (EEOC).
A)True
B)False
Q2) Which of the following might be an ineffective notice to an employer that a reasonable accommodation is needed for a disabled employee?
A) a casual remark by an employee, in the presence of their supervisor, of the existence of a disability
B) a request for the employer to review the employee's medical records
C) a letter from an employee's physician indicating that an accommodation is appropriate
D) a request for accommodation from the employee
Q3) The requirement of reasonable accommodation for a disabled employee means that an employer must create a new job,modify a full-time position to create a part-time position,or modify the essential functions of the job.
A)True
B)False
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Chapter 14: The Employees Right to Privacy and Management of Personal Information
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Q1) Provide a justification for the electronic surveillance of employees that is conducted by an employer.
Q2) To demonstrate a prima facie case for the tort of intrusion into seclusion,a plaintiff-employee must show:
A) That the employer intentionally invaded into a private area; that the employee was entitled to privacy in that area; and that the employee was offended by the intrusion.
B) That the employer intentionally or unintentionally invaded into a private area, that the employee made reasonable attempts to keep the information private or secret; and that the employee was offended by the intrusion.
C) That the employer intentionally invaded into private territory; that the employee was entitled to privacy in that area; and that a person of reasonable sensitivities would be offended by the intrusion.
D) That the employer intentionally invaded into private territory; that the employee was entitled to privacy based on state constitutional protections; and the intrusion is offensive to the employee.
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Page 16
Chapter 15: Labor Law
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Q1) The National Labor Relations Act:
A) defines unfair labor practices for employers
B) defines unfair labor practices for unions
C) defines unfair labor practices for employers and unions
D) does not address unfair labor practices
Q2) The Taft-Hartley Act establishes unfair labor practices on the union side.
A)True
B)False
Q3) A shop steward manages workers on behalf of an employer.
A)True
B)False
Q4) Margo,a unionized civil servant,works for a government agency.She believes that she and her co-workers have been the subject of an unfair labor practice on the part of the agency.Claims of this type are typically handled by the ________.
A) Equal Employment Opportunity Commission
B) Merit Systems Protection Board
C) National Labor Relations Board
D) Federal Labor Relations Authority
Q5) Describe the purpose and the basic provisions of the Landrum-Griffin Act of 1959.
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Chapter 16: Selected Employment Benefits and Protections
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Q1) Which of the following statements is true about the Fair Labor Standards Act (FLSA)?
A) The FLSA requires that domestic workers who reside in the employer's home either permanently or for an extended period of time be eligible for overtime pay.
B) The FLSA requires overtime pay in an amount no more than 1-1/2 (one and one-half) times the employee's regular rate of pay.
C) The FLSA sets the number of hours that constitute a "normal work week" for wage purposes.
D) The FLSA prohibits an employer from requiring an employee to work more than 40 hours a week.
Q2) Welfare benefit plans covered by ERISA include payroll practices from the employer's general assets.
A)True
B)False
Q3) Under what circumstances might an employer NOT be held liable for an employee's workplace injury pursuant OSHA regulations?
Q4) What are the fiduciary standards established by the Employee Retirement Income Security Act (ERISA)?
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