Chapter 2 Flashcards
What did the U.S.C. Section 1981 provide to all citizens, including those of African descent?
A. The right to have segregation between people of different racial backgrounds
B. The banishment of all segregation for the purpose of creating equality among all people
C. The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws
D. The abolishment of slavery
C. The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws
How long does the application Title VII continue after a firm has reached a critical mass of 15 employees?
A. One year
B. Five years
C. Title VII application will only continue if the firm has more than fifteen employees
D. Two years
A. One year
In 1972, Congress amended Title VII, by passing the _______________________ which give the EEOC authority to conduct its own enforcement litigation.
A. National Labor Relations Act
B. Equal Employment Opportunity Act
C. Anti-Segregation Act
D. Anti-Trust Act
B. Equal Employment Opportunity Act
What is the main purpose of the Equal Pay Act of 1963?
A. Protect qualified individuals with disabilities who work in the federal government
B. Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination
C. Protect children being forced to perform labor under minimum wage
D. Protect people of different racial backgrounds from being discriminated against
B. Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the:
A. Public sector
B. Public sector and federal government employers
C. Private sector and state and local government employers
D. Private sector
C. Private sector and state and local government employers
An employer’s decision to take some adverse action against an applicant or employee based upon knowledge and consideration of a protected class characteristic which has little or nothing to do with whether a person can perform the essential functions of a job is known as __________.
A. Disparate impact
B. Discriminatory intent
C. Retaliation
D. Racism
B. Discriminatory intent
An employer may claim that 50 percent of employees are non-white minorities or women. However, if the minority employees or women are concentrated in low paying positions, and all the white employees hold high paying managerial positions, this would be best described as:
A. Discriminatory intent
B. Pattern and practice discrimination
C. Practice intent
D. Disparate treatment
B. Pattern and practice discrimination
Which of the following is not an unlawful practice under Title VII:
A. Changing time schedules for individuals because of religious conflict
B. Limiting, segregating, or classifying employees based on race
C. Refusing to hire or discharge an individual based on race, color, religion, sex or national origin
D. Adversely affecting the status of an employee based on race, religion, sex, or national origin
A. Changing time schedules for individuals because of religious conflict
The seminal case establishing the concept of disparate impact is:
A. Duke Power v. Anderson
B. Blouwer v. Power Corp
C. Anderson v. Biggs Financial
D. Griggs v. Duke Power
D. Griggs v. Duke Power
When an employer’s facially neutral procedures, policies, or practices are “not job-related and consistent with a business necessity” and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class, they are said to have __________________.
A. Adverse treatment
B. Disparate impact
C. Intentional racism
D. Disparate treatment
B. Disparate impact
Examples of facially neutral polices and protected classes that may be impacted might include:
A. Height and weight restrictions - gender/national origin
B. Language requirements - national origin
C. Physical strength tests – gender
D. All of the Above
D. All of the Above
The four-fifths rule provides that a screening device – test or other hiring criteria – will be discriminatory if the selection rate of a protected class is less than ____ percent of the majority.
A. 50
B. 80
C. 10
D. 100
B. 80
Which of the following is not something a complaining party must show in a case of pretext?
A. The complaining party was denied the position
B. The complaining party was previously employed by the employer in question
C. The employer kept looking to fill the position
D. The complaining party was qualified for the position
B. The complaining party was previously employed by the employer in question
In the McDonnell Douglas, Corp. v. Green case, the U.S. Supreme court remanded the matter to the lower court to conduct a hearing under the prima facie standards it established.
True or False
TRUE
Unlike disparate treatment based upon __________ characteristics, retaliation involves adverse job action based upon an employee’s lawful actions.
A. Class
B. Industry
C. Personal
D. Job
A. CLASS
