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Exam 27: Employment Discrimination

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Question 31

Multiple Choice

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Refer to Fact Pattern 27-3.  To successfully defend against Artur's claim, Banquet will have to show that

A) Artur consistently failed to meet the essential requirements of his job after the new doors were installed .
B) Banquet cannot make changes to the doors without undue hardship.
C) Carter is qualified for Artur's position.
D) the doors were not installed as an act of intentional discrimination.

E) A) and D)
F) C) and D)

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Question 32

True/False

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To succeed in a lawsuit for gender discrimination in the workplace, a plaintiff must show that gender was a determining factor in the employer's action.

A) True
B) False

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Question 33

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Under Title VII of the Civil Rights Act, race is interpreted broadly to apply to the ancestry or ethnic characteristics of a group of persons.

Electric Corporation is a private employer involved in an employment discrimination suit under Title VII of the Civil Rights Act. Punitive damages may be recovered against the employer

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of

Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

Benny files a suit against the state of Colorado, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

Fact Pattern 27-2 Kyla replaces Lomax in his job at Motor City Corporation. Refer to Fact Pattern 27-2. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply

Veronica is a repairperson for Wind Power Company. The job requires traveling to remote areas to make repairs to windmills, transmission towers, and power stations under any conditions.  Veronica has had the job longer than other employees. Veronica applies for a promotion to a supervisory position that requires constant communication with others in the field. Wind Power rejects the application on the ground that Veronica is hearing impaired and she has requested a sign interpreter as an accommodation. Wind Power acknowledges that Veronica is otherwise qualified, but asserts that it "needs someone who does not have a hearing problem." Veronica files a suit against Wind Power under the Americans with Disabilities Act. What is the issue, and what are the relevant considerations on which its resolution depends?

Jon, a paraplegic, applies for a job as a disk jockey with KLKT, a local radio station. The manager says, "You meet all our requirements. But we need someone who can move around the broadcast studio without accommodation." Most likely, Jon could recover from KLKT under

Title VII protects employees against sexual harassment in the workplace.

Under federal law, the definition of gender discrimination includes discrimination based on pregnancy.

Under the Age Discrimination in Employment Act, if an employer offers a legitimate reason for its action, an employee's case is held to be a pretext.

Disparate-impact discrimination occurs when a protected class is adversely affected by the practice or procedure of an employer who intended that result.

Employees who leave their jobs voluntarily cannot claim that they were "constructively discharged" by the employer.

Under the Americans with Disabilities Act, employers must accommodate the needs of persons with disabilities, even if doing so causes undue hardship.

Lisa brings a successful suit against her employer Mold & Die Corporation for employment discrimination. Lisa may be awarded

Ruth is a supervisor for Subs, a restaurant. Tim is a Subs employee. The owner announces that some employees will be discharged. Ruth tells Tim that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

Emily, an employee of Farm Supplies, Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by

Beth complains about the pervasiveness of sexual harassment toward employees at ChemWorks, Inc., where she is also an employee. As a result, the employer demotes her. Beth can file