Ch 29 - Employment Discrimination Flashcards
Alvin, age 45, is fired by Akin Enterprises, LLC and is replaced by Simon, age 26. Alvin thinks he was fired because of his age. For the Age Discrimination in Employment Act to apply
A.) Alvin must be sixty-five years of age or older.
B.) Alvin must be seventy-two years of age or older.
C.) Alvin must be forty years of age or older.
D.) It doesn’t matter what age Alvin is; it only matters that Simon was younger.
C.) Alvin must be forty years of age or older.
Under Title VII of the Civil Rights Act, most private firms are required to adopt affirmative action policies.
A.) True
B.) False
B.) False
Marco is an applicant for a job at Roughrider Industries, Inc. He has a physical impairment, but is well qualified for the position. Marco receives a rejection letter for the position, and later notices that Roughrider placed an advertisement seeking additional applicants. The position is eventually filled by a person who does not have a physical impairment. Marco will most likely win a lawsuit under the Americans with Disabilities Act against Roughrider if he can show
A.) he was not hired because of his disability.
B.) he can function well with corrective devices or medication.
C.) his disability causes him undue hardship.
D.) all of the other responses.
A.) he was not hired because of his disability.
Nancy is a member of a protected class. She applied for employment with Bakers Dozen, LLC, but did not pass the company’s employment exam so was therefore not hired. Nancy thinks that the exam has an unintentional discriminatory effect. If that can be shown, it is
A.) a constructive discharge.
B.) disparate-impact discrimination.
C.) disparate-treatment discrimination.
D.) not discrimination in an at will employment state.
B.) disparate-impact discrimination.
Ellen’s boss demotes her for participating in an investigation of possible Title VII/Civil Rights Act violations at their place of employment. Using protections available under Title VII, Ellen can file a
A.) harassment claim.
B.) retaliation claim.
C.) constructive discharge claim.
D.) privacy claim.
B.) retaliation claim.
Sunrise Resorts, Inc. fires employee Emile, age 42, from his management position, and replaces him with Ricardo, age 25. Emile files a suit against Sunrise under the Age Discrimination in Employment Act. To establish a prima facie case, Emile must show he is
A.) deserving of higher pay than Ricardo.
B.) qualified for the position.
C.) older than Ricardo.
D.) all of the other responses.
B.) qualified for the position
The Civil Rights Act of 1964 was signed with
A.) Nearly 100 pens
B.) The same pen as the Emancipation Proclamation
C.) Martin Luther King, Jr.’s pen
D.) John F. Kennedy’s family pen
A.) Nearly 100 pens
Joe is an attorney in a large Delaware law firm. He forwards sexually explicit emails to his colleague Amie on a regular basis, which Amie finds offensive. This is
A.) hostile-environment harassment.
B.) grounds for termination, but not classified as harassment/discrimination.
C.) quid pro quo harassment.
D.) reverse discrimination.
A.) hostile-environment harassment.
If Jin wins a lawsuit against his employer/former employer for employment discrimination, he may be awarded
A.) back pay, but not retroactive promotions.
B.) retroactive promotions, but not back pay.
C.) damages, but not back pay.
D.) back pay, retroactive promotions, and damages.
D.) back pay, retroactive promotions, and damages.
Employees who leave their jobs voluntarily may still claim under Title VII that they were “constructively discharged” by their employer.
A.) True
B.) False
A.) True
