Topic 2

Question 1

Enacted in 1964, it prohibits race discrimination in employment.

Answer 1

Civil Rights Act of 1964

Question 2

Protects all races from discrimination.

Answer 2

Title VII of the Civil Rights Act of 1964

Question 3

the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of 1871 were ineffective in improving the rights of black Americans

Answer 3

The lack of enforcement

Question 4

Title VII covers employers who have “__________ or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person.”

Answer 4

15

Question 5

Title VII does not prevent employers of businesses operated in proximity to Native American reservations from preferring Indigenous Americans over others for jobs. (T/F)

Answer 5

True

Question 6

Protected classes under Title VII

Answer 6

Race, color, sex

Question 7

The federal agency that enforces federal anti-discrimination laws and oversees all federal equal opportunity in employment regulations.

Answer 7

Equal Employment Opportunity Commission (EEOC)

Question 8

Protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

Answer 8

The Equal Pay Act of 1963 (EPA)

Question 9

Protects individuals who are 40 years of age or older

Answer 9

The Age Discrimination in Employment Act of 1967 (ADEA)

Question 10

Prohibit disability discrimination in the private sector

Answer 10

The Americans with Disabilities Act of 1990 (ADA) (Title I and Title V), and its 2008 Amendments (ADAAA)

Question 11

Prohibit discrimination against qualified individuals with disabilities who work in the federal government

Answer 11

The Rehabilitation Act of 1973 (Sections 501 and 505)

Question 12

Allows for compensatory and punitive damages for violations of Title VII

Answer 12

The Civil Rights Act of 1991

Question 13

Protects military personnel from employment discrimination

Answer 13

The Uniformed Services Employment and Re-employment Rights Act (USERRA)

Question 14

Which federal agency was created by the Civil Rights Act of 1964 and tasked to enforce federal anti-discrimination statutes

Answer 14

EEOC

Question 15

During its first few years, the EEOC lacked enforcement authority and had power only to investigate discrimination and then refer meritorious claims to the _________________ to pursue through litigation.

Answer 15

Department of Justice

Question 16

The EEOC has influenced the judicial interpretation of civil rights legislation by helping to define what constitutes __________.

Answer 16

Discrimination

Question 17

Before an employee or job candidate can take a complaint of job discrimination under Title VII to court, he/she must first

Answer 17

File with the EEOC

Question 18

Real, clear evidence of discrimination that requires no inference or consideration to prove its existence.

Answer 18

Direct Evidence

Question 19

Evidence of discrimination that is found by comparing two similarly situated employees who were treated differently because of a class characteristic.

Answer 19

Comparative Evidence

Question 20

A reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees.

Answer 20

Bona Fide Occupational Qualification (BFOQ)

Question 21

When an employer’s policies have the effect of discrimination for no legitimate business necessity.

Answer 21

Pattern and Practice

Question 22

The intentional adverse or unequal treatment of an individual based upon a protected class characteristic.

Answer 22

disparate treatment under Title VII

Question 23

Disparate treatment may be established by _____________ of discriminatory motive.

Answer 23

Direct evidence

Question 24

Discrimination in which a plaintiff claims not that the employer intentionally discriminated, but rather the employer’s procedures, policies, or practices have the effect of creating an unnecessary obstacle to employment opportunity for a protected class.

Answer 24

Disparate Impact Discrimination

Question 25

Theory of discrimination based on different treatment given to individuals because of their race, color, religion, sex, national origin, age or disability status

Answer 25

Disparate Treatment

Question 26

______________ discrimination is directed at an individual, _____________ discrimination is directed at a class of persons.

Answer 26

Disparate treatment : disparate impact

Question 27

Duke Power’s standard intelligence test had disparate impact on black employees

Answer 27

The ruling in the Griggs v. Duke Power

Question 28

Congress passed the ________________ to codify the concept of disparate impact discrimination as articulated in Griggs v. Duke Power.

Answer 28

Civil Rights Act of 1991

Question 29

(Latin for “at first sight”) Evidence based on the first impression.

Answer 29

Prima Facie

Question 30

A legitimate business purpose that justifies an employment decision as effective and necessary.

Answer 30

Business Necessity

Question 31

The simplest and most common way of estimating adverse impact by ruling a screening device as discriminatory if its selection rates of a protected class are less than 80% of the majority.

Answer 31

Four-fifths Rule

Question 32

A test or set of hiring criteria

Answer 32

Screening device

Question 33

In a disparate impact claim, plaintiffs may allege that the employer-offered business reasons for adverse employment action is merely a _______ or cover-up for discrimination.

Answer 33

Pretext

Question 34

_______________is the foundational case that establishes the notion of pretextual discrimination.

Answer 34

McDonnell Douglas, Corp. v. Green

Question 35

The rationale of the prima facie case in disparate impact cases is to eliminate the _____________ reasons for a job denial and thereby show that discrimination is the most plausible explanation.

Answer 35

Disparate

Question 36

A negative job action that results from an employee’s lawful actions.

Answer 36

Adverse Job Action

Question 37

A complaint filed by an employee who feels he or she was discriminated against in violation of the law.

Answer 37

Retaliation Claim

Question 38

An adverse employer job action based upon an employee’s lawful actions

Answer 38

Retaliation

Question 39

The fact that an employee has exercised his or her rights under an anti-discrimination statute does not prevent an employer from taking _______________ against that employee if performance lags or discipline is necessary.

Answer 39

Limited job action

Question 40

A desired action resulting from a successful lawsuit.

Answer 40

Remedies

Question 41

Monetary compensation for a plaintiff’s lost earnings.

Answer 41

Back Pay

Question 42

Monetary compensation necessary to replace a plaintiff’s losses.

Answer 42

Compensatory Damages

Question 43

Monetary damages designed to punish an employer who acted maliciously or recklessly.

Answer 43

Punitive Damages

Question 44

A remedy in which a former employee returns to his or her job.

Answer 44

Reinstatement

Question 45

Monetary compensation in lieu of reinstatement.

Answer 45

Front Pay

Question 46

A court order that prohibits a defendant from certain actions.

Answer 46

Injunctive Relief

Question 47

The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws

Answer 47

U.S.C. Section 1981

Question 48

How long does the application Title VII continue after a firm has reached a critical mass of 15 employees?

Answer 48

One year

Question 49

In 1972, Congress amended Title VII, by passing the _______________________ which give the EEOC authority to conduct its own enforcement litigation.

Answer 49

Equal Employment Opportunity Act

Question 50

Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

Answer 50

Main purpose of the Equal Pay Act of 1963

Question 51

Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the:

Answer 51

Private and public sectors

Question 52

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.

Answer 52

80

Question 53

Unlike disparate treatment based upon __________ characteristics, retaliation involves adverse job action based upon an employee’s lawful actions.

Answer 53

Class

Question 54

In the private employer arena, an employee would have to look to the public policy exceptions and to the _____________to determine if a case for retaliatory discharge is available.

Answer 54

At-will doctrine

Question 55

Money awards may take the form of back pay for up to ________, for the time an employee was not working,

Answer 55

2 years