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Exam 25: Employment Discrimination

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Question 31

Multiple Choice

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Mirena, a female, and Neil, a male, are employees of Operational Tech Processes Corporation. Mirena regularly e-mails sexually explicit images to Neal via Operational Tech's network. Neil finds this offensive. This is​

A) ​hostile-environment harassment.
B) ​not harassment or any form of discrimination.
C) ​quid pro quo harassment.
D) ​same-gender harassment.

E) B) and D)
F) A) and D)

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Question 32

Multiple Choice

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Iago believes that he is a victim of a form of employment discrimination that falls under the Civil Rights Act. Compliance with this statute is monitored by

A) employees and job applicants, not an administrative agency.
B) employers and businesses, not an administrative agency.
C) the courts and Congress, not an administrative agency.
D) the Equal Employment Opportunity Commission.

E) B) and D)
F) A) and D)

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Question 33

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Under the Age Discrimination in Employment Act, a plaintiff must prove that he or she was replaced by a person "outside the protected class."​

If a job applicant or an employee with a disability, with reasonable accommodation, can perform essential job functions, the employer must make the accommodation.

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

Sweet Air Filtration Products Company, a major supplier of air filters sold throughout the United States, employs one hundred workers at its principal manufacturing plant. The plant is located in Thunder Bay, which has a population that is 50 percent white and 25 percent African American, with the balance Hispanic American, Asian American, and others. Sweet Air requires a high school diploma as a condition of employment for its cleaning crew. Three-fourths of the white population completed high school, compared with only one-fourth of those in the minority groups. Sweet Air has an all-white cleaning crew. Has Sweet Air violated the Civil Rights Act? Explain.

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. 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?​

Fact Pattern 25-2 ​Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 25-2. To succeed with an age-discrimination claim against MVMC, Lomax will have to show that​

Most employers can treat their employees more or less favorably based on their religious beliefs or practices.

In a retaliation claim, plaintiffs must prove that the challenged action adversely affected their workplace or employment.

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover​

Muriel applies for a job with Northern States Oil Company. Northern States does not hire Muriel because of her ethnicity, or national origin. This is​

Free-Flo Pipes & Plumbing Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Free-Flo only if the employer​

Resource Forestry Corporation and the Service Employees International Union are sued by plaintiffs alleging job discrimination in violation of Title VII of the Civil Rights Act. This law applies to employers and labor unions with at least

The Americans with Disabilities Act defines persons with disabilities as persons with physical or mental impairments that "substantially limit" one or more everyday activities of the affected individuals.

Employers are not required to modify their job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.

Fact Pattern 25-2 ​Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 25-2. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply​

Neville, a member of a protected class, applies for a job with Origami Paper Products Corporation, but fails the company's employment test and is not hired. Neville believes that the test has an unintentionally discriminatory effect. If so, this is​

There is no way for an employer to avoid liability for online harassment.

The distribution of promotions and other job benefits according to a seniority system is not normally a good defense to a suit for employment discrimination.