Test Three Practice Test Portion One Flashcards
Jill and Sam, recent graduates, are hired as computer analysts for HRJ Enterprises Inc. In a conversation over lunch, Jill discovers that Sam’s salary is 15 percent higher than hers. Assuming that she is being paid less because she is a female, Jill contacts the human resources department, demanding that her salary be increased by 15 percent. After a few days, however, she is informed that Sam had violated company policy by discussing his salary, and his salary would also be reduced by 15 percent to maintain equality. In this scenario, Jill:
A. does not have a discrimination claim under the Equal Pay Act because the company remedied the wage discrepancy by lowering Sam’s salary.
B. has a discrimination claim because the employer violated the Equal Pay Act by reducing Sam’s salary to match Jill’s salary.
C.has a claim under the Equal Pay Act only if she can show that she incurs more monthly expenses than Sam.
D.does not have a claim for discrimination under the Equal Pay Act because HRJ Enterprises is a private employer.
B
Smith Paving Inc. has a contract to construct a new bypass around the city. The project is approximately 23 miles from the employer’s office. Kelly and Portia are hired to keep track of the supplies delivered to the site. They are the only female employees working at this job site. Smith installa a portable restroom at the construction site, but it lacka the necessary facilities required by women and is not safe enough to be used by them. Thus, Kelly and Portia take breaks and drive back to the office to use their office restroom. However, the foreman complains that their breaks are too long. After the complaint, Kelly and Portia ask their employer to install a separate restroom for women. Which of the following is true in this situation?
A.Kelly and Portia’s request for a separate restroom constitutes gender discrimination, and the employer cannot comply without being liable under Title VII of the Civil Rights Act of 1964.
B. Kelly and Portia’s request for a separate restroom should be granted as not taking into consideration legitimate differences between genders can be unlawful.
C. The employer has no legal obligation to provide separate restrooms unless state law requires it.
D.The employer can terminate Kelly and Portia for demanding a separate restroom on the basis of bona fide occupational qualification.
B
The Lilly Ledbetter Fair Pay Act:
A.prohibits differences in wages based on seniority or merit systems.
B.allows an employer to reduce the wage rate of the higher-paid employees in order to comply with the Equal Pay Act.
C.allows the 180-day statute of limitations in the Civil Rights Act of 1964 to start each time a paycheck is issued based on the discriminatory pay.
D.prohibits an employer from using gender as a basis for reasonable grooming codes.
C
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.
C
Harry and Sandra work on the same team for Chemvo Chemical Supply Company. They were both busy over the weekend for different reasons and failed to show up to work the next day. When they returned to work, Harry was only given a verbal warning but Sandra was terminated. Which of the following statements is true in this situation?
A.Sandra has a claim for gender discrimination as it is illegal to discipline one gender for an act for which the other gender is not disciplined.
B.Sally does not have a claim for gender discrimination if Harry belongs to a protected class.
C.Sandra does not have a claim for gender discrimination because of the privileges available to employers under the employee-at-will doctrine.
D.Sandra has a gender discrimination claim only if she has more seniority than Harry at work.
A
Padma works as a sales clerk at Lavy, an upscale cosmetic brand. Hector is also a sales clerk in the same store. They were both hired the same year and have similar experience and qualifications. However, Hector is routinely paid more than Padma. If Padma files a claim under the Equal Pay Act, Padma will lose if Lavy pays:
A.based on the sales generated by each employee, and Hector generates more sales than her.
B.based on the age of an employee, and Hector is older than her.
C.Hector more because he is the only Hispanic male employee.
D. Hector more because he is a male employee, and his family members are dependent on him.
A
Laura applies for the job of a firefighter. She is 5 feet 2 inches tall and weighs 110 pounds. Laura is denied the position because she does not meet the height and weight requirements. The fire department’s height and weight requirements are:
A. discriminatory if it can be shown that the requirements are not directly correlated to ability to do the job.
B.not discriminatory because firefighters have mostly been tall.
C.not discriminatory because Title VII of the Civil Rights Act of 1964 does not cover jobs such as guards, police officers, and firefighters.
D.discriminatory if it can be shown that height and weight requirements are a business necessity.
A
Per the courts, sex discrimination under Title VII of the Civil Rights Act of 1964 excludes:
A.discrimination on the basis of affinity orientation.
B.sexual harassment at the workplace.
C.discrimination due to pregnancy.
D.disparate treatment on the basis of gender.
A
Eric and Jessica are hired as coaches at Herbert High School in the same year. Each has a bachelor’s degree in physical education, and neither has prior teaching experience. Eric coaches the boys’ basketball team, and Jessica coaches the girls’ basketball team. Both of the teams are trained to compete at the state level. However, Eric’s salary as a coach is higher than Jessica’s salary. Jessica complains that her pay is discriminatory. Which of the following statements is true in this scenario?
A.Jessica cannot prevail under the Equal Pay Act because statistically more boys grow up to play sports professionally than girls.
B.Jessica cannot prevail under the Equal Pay Act as the act does not cover employees working for government employers such as a public school.
C.Jessica can prevail under the Equal Pay Act only if she can show that Eric’s and her job titles are the same.
D.Jessica can prevail under the Equal Pay Act as her job is substantially equal to Eric’s.
D
Which of the following is true about gender-based grooming policies at the workplace?
A.Title VII of the Civil Rights Act of 1964 prohibits an employer from using gender as a basis for reasonable grooming codes.
B. A gender-based grooming policy that subjects one gender to different conditions of employment is considered to be legitimate.
C. A gender-based grooming policy will not become legitimate if an employer simply claims that the employees knew about the grooming code when they came into the workplace.
D.Title VII of the Civil Rights Act of 1964 permits an employer to impose a weight restriction policy exclusively on female employees but not on male employees.
C
