Test 3 : CH 33

Question 1

Is discrimination allowed when hiring someone?

Answer 1

• Discrimination is generally allowed unless the law specifically protects a class

Question 2

Equal Opportunity in Employment

Answer 2

• The rights of all employees and job applicants to be treated without discrimination and be able to sue employers if they are discriminated against

Question 3

EEOC

Answer 3

• Equal Employment Opportunity Commission

- The federal administrative agency that is responsible for enforcing most federal antidiscrimination laws

Question 4

What statute outlawed employment discrimination against certain classes?

Answer 4

• Title VII of the Civil Rights Act of 1964

Question 5

Title VII of Civil Rights Act of 1964

Answer 5

• Enacted to eliminate job discrimination based on race, color, religion, sex, and national origin

Question 6

Name the Big Five

Answer 6

• race
• color
• religion
• sex
• national origin

Question 7

True or False: Employers with 14 employees are under the coverage of Title VII

Answer 7

• False, the law applies to employers with 15+ employees

Question 8

Does Title VII apply to all employment agencies?

Answer 8

• Yes

Question 9

Disparate-Treatment Discrimination

Answer 9

• employer discriminates against a specific individual based on the person’s race, color, religion, sex, or national origin
• obvious discrimination

Question 10

Disparate-Impact Discrimination

Answer 10

• employer discriminates against huge portion of a protected class
• non-obvious discrimination

Question 11

Pregnancy Discrimination Act

Answer 11

• forbids discrimination due to pregnancy, childbirth, or medical conditions

Question 12

Hostile Working Environment

Answer 12

• outrageous acts, lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature

Question 13

Quid Pro Quo

Answer 13

• illegal demand for sexual favor in the workplace

Question 14

True or False: Same-sex harassment does not violate Title VII

Answer 14

• false, same-sex harassment violates Title VII

Question 15

What are some employer defenses against Title VII?

Answer 15

• exercised care to prevent and correct behavior

- plaintiff/employee failed to take advantage of preventive measures

Question 16

Religious Discrimination

Answer 16

• discrimination based on a person’s religion or religious practices

Question 17

True or False: An employee has to accommodate all religious observances, practices, and beliefs of employees

Answer 17

• false, illegal religious acts are not protected at all

- employer has to /reasonably/ accommodate

Question 18

Bona Fide Occupational Qualification

Answer 18

• fundamental constraint

- job related and a business necessity

Question 19

Equal Pay Act

Answer 19

• protects both sexes from pay discrimination based on gender

Question 20

Equal pay prohibits difference in pay for jobs that require these conditions

Answer 20

• equal skill
• equal effort
• equal responsibility
• similar working conditions

Question 21

Four Criteria that Justify Different Wages

Answer 21

• seniority
• merit
• quantity/quality of product
• any factor other than sex

Question 22

Age Discrimination

Answer 22

• prohibits age discrimination against employees who are 40+

Question 23

True or False: Someone who is 39 cannot be discriminated against under the BFOQ law.

Answer 23

• False, they are not protected because they are not yet 40 years old or more

Question 24

Qualified Individual with a Disability

Answer 24

• prohibits discrimination against individual who has physical or mental impairment that limits a major life activity

Question 25

Limits on Employer Question

Answer 25

• limits employer’s ability to inquire about an applicant’s disabilities

Question 26

Reasonable Accommodation for Disability

Answer 26

• employer is obliged to reasonably accommodate an individual’s disability

Question 27

Undue Hardship

Answer 27

• employers are not obligated to provide accommodations that impose undue hardship on employer

Question 28

Uncovered Conditions

Answer 28

• certain conditions of disability, like temporary impairments, and users of illegal drugs and alcohol are not covered by the act

Question 29

Affirmative Action Plan

Answer 29

• job preferences given to minority groups and other protected-class applicants when making employment decisions
• only occurs if there is existing problem
• only temporary

Question 30

Reverse Discrimination

Answer 30

• discrimination against majority group

- majority group may sue under Title VII

Question 31

What does Protection from Retaliation prevent an employer from doing?

Answer 31

• dismissing, demoting, harassing, etc an employee