Chapter 3

Question 1

Before the final passage of the Civil Rights Act of 1964, Virginia Democrat, Senator Howard W. Smith, inserted into the language of the legislation defining the class of persons protected under the anti-discrimination provisions of Title VII the word:

National origin
Race
Sex
Religion

Answer 1

Sex

Question 2

Which of the following is not an element of a prima facie case for gender discrimination?

The employee is the protected class
A person of the same gender received favorable employment action or the employer continues to look for applicants for the position.
The employee is qualified for the position
The employee suffers some adverse employment action

Answer 2

A person of the same gender received favorable employment action or the employer continues to look for applicants for the position.

Question 3

Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees. What is the stipulation to this rule?

The application must be fair and reasonable
The application must be accepted by the entire company
The application must be enforced for five years prior and five years following
Must be signed off by two district judges

Answer 3

The application must be fair and reasonable

Question 4

When an employer classifies employees on the basis of gender, plus another characteristic, this is known as:

Gender Plus discrimination
Pregnancy discrimination
Gender discrimination
Fetal protection discrimination

Answer 4

Gender Plus discrimination

Question 5

The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following?

Similarly situated workers of the same gender, without small children, are treated differently
They have small children
They are qualified for the job
They suffer an adverse employment action

Answer 5

Similarly situated workers of the same gender, without small children, are treated differently

Question 6

If the employer produces a legitimate business reason for the job action, under the _________________ formula, the burden shifts back to the employee to demonstrate that the employer’s proffered reason is pretextual.

Hopkins
McDonnell Douglas
Price Waterhouse
Anderson Cooper

Answer 6

McDonnell Douglas

Question 7

The __________ prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Title VII
Anti-gender discrimination Act
Civil Rights Act
Pregnancy Discrimination Act

Answer 7

Pregnancy Discrimination Act

Question 8

Employees on leave for pregnancy-related issues must be treated the same as other workers on leave. Which of the following is not an example of this?

Accrual of seniority
Promotions to management
Vacation time calculations
Pay increases

Answer 8

Promotions to management

Question 9

Employers may not use gender as the basis for pay considerations on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. What protects this?

PDA
EPA
GPD
CRA

Answer 9

EPA - Equal Pay Act

Question 10

To make a claim of discrimination under the Equal Pay Act – the prima facie case – an employee must show that two employees of the opposite gender are:

Working in the same place
Doing equal work – sufficient commonality of tasks and responsibilities
Receiving different and unequal pay
All of the above

Answer 10

All of the above

Question 11

Some argue that disparity requires remedy and that pay should be equal for employees doing different jobs, but which are of:

Incomparable worth
Comparable demand
Incomparable demand
Comparable worth

Answer 11

Comparable worth

Question 12

Which of the following is always involved in a case of sexual harassment?

Request for sexual favor
Gender harassment
Sexual behavior
Sexual motive

Answer 12

Gender harassment

Question 13

The term sexual harassment applies to:

Sexual harassment
Gender harassment
Both gender harassment and sexual harassment
Both sexual harassment and sexual discrimination

Answer 13

Both gender harassment and sexual harassment

Question 14

While the facts of such cases are always subject to personal interpretation, is it often more clear when quid pro quo sexual harassment occurs because there is traceable __________ action.

Harassment
Tangible Job
Discrimination
Illegal

Answer 14

Tangible Job

Question 15

An aggressive sexual advance is made by a male boss to a female subordinate and rejected. Later the female employee receives a raise. There is no colorable claim of quid pro quo sexual harassment because the “victim” did not suffer a tangible job action.

True or False

Answer 15

False

Question 16

Which of the following is considered an example of hostile working environment sexual harassment?

An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee’s work performance
An environment with sensory overload (loud noise, extreme temperatures, etc)
When an employee is asked to perform sexual favors in exchange for increased pay
When an employee has been asked to leave because he/she is being gender discriminatory

Answer 16

An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee’s work performance

Question 17

Unwelcome conduct is that which is not solicited by the employee and which a ________________ would regard as offensive or unwanted.

Reasonable person
Human resources professional
Harassment lawyer
Employer

Answer 17

Reasonable person

Question 18

What was the court’s ruling in the Meritor case regarding the claimant’s past sexual history?

If there is a voluntary sexual history, the claim cannot be brought before the court
A victim’s sexual history or behavior is immaterial to a sexual harassment claim
If the victim has provoked the bad conduct, she will be prevented from making a claim of sexual harassment.
If there is not a voluntary sexual history, the claim may be brought before the court if both parties will agree upon the details of the occurrence

Answer 18

A victim’s sexual history or behavior is immaterial to a sexual harassment claim

Question 19

In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid liability for supervisor harassment by proving affirmatively that:

The employee’s claim did not seem urgent enough to warrant further investigation
The employer did not have the resources to solve the issue
The employer exercised reasonable care to prevent and correct the harassment – through training and policy enforcement
The employee in question is not favored among employees and was not taken seriously

Answer 19

The employer exercised reasonable care to prevent and correct the harassment – through training and policy enforcement

Question 20

The risks to employers from sexual harassment claims is great, as plaintiffs may claim up to _____________ in compensatory damages, ask for punitive damages, and request jury trials.

$150,000
$500,000
$50,000
$300,000

Answer 20

$300,000