Q&A Hero

Q: Eton files a suit in a federal district court against Florida, alleging employment discrimination under the Age Discrimination in Employment Act of 1967. The state asks the court to dismiss the suit. The court is most likely to rule that a. the state is immune from the suit. b. the suit can proceed. c. Eton is immune from any defense the state might offer. d. the court is immune from such request.

Q: Lita replaces Manny in his job at Neighborly Business Corporation (NBC). To succeed with an age-discrimination claim against CBC, Manny will have to show that a. Lita is not qualified for Manny's job. b. Manny is qualified for his job. c. NBC's qualifications for Manny's job are too high. d. no one could do Manny's job as well as he could.

Q: Lita replaces Manny in his job at Neighborly Business Corporation (NBC). Manny believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply a. all parties must be forty years of age or younger. b. Lita must be forty years of age or older. c. Manny must be forty years of age or older. d. NBC must have been in existence for at least forty years.

Q: Svetlana, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on a. age. b. disability. c. gender. d. race.

Q: Lisa brings a lawsuit against her employer for unlawful discrimination. Lisa is successful in proving that she was unlawfully discriminated against by her employer. Lisa may be awarded a. back pay, but not retroactive promotions. b. retroactive promotions, but not back pay. c. damages, but not back pay. d. back pay, retroactive promotions and damages.

Q: Pikabo files an employment discrimination suit against Quantitative Analysis, Inc., under the Civil Rights Act of 1964, based on its discharge of Pikabo. Possible relief includes a. imprisonment. b. reinstatement. c. fines. d. an order to shutdown the employer's business.

Q: Vinnie, the owner of Caf Rico, knows about, but does not take any action to prevent, the sexual harassment of employees. Vinnie and the caf may be liable for such harassment by a. an employee's previous employer. b. a customer or a co-worker. c. an employee's spouse or other close relative. d. none of the choices.

Q: Elsa participates in a Title VII investigation at the firm where she works. As a result, Elsa's employer demotes her. Elsa can file a a. harassment complaint. b. retaliation claim. c. constructive discharge claim. d. disparate-impact discrimination claim.

Q: The standard for determining whether constructive discharge has occurred is whether or not a. a reasonable person in the employee's position would feel compelled to quit. b. the employee's annual wage rate is fair. c. a person of another race in the employee's position would feel compelled to quit. d. a person of the opposite gender in the employee's position would feel compelled to quit.

Q: Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some employees will be discharged. Ruth tells Tim that if he has sex with her, he can keep his job. This is a. harassment on the basis of sexual orientation. b. not harassment. c. quid pro quo harassment. d. same-gender harassment.

Q: Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is a. a constructive discharge. b. a destructive discharge. c. an instructive discharge. d. not a discharge.

Q: Conrad and Delilah are employees of AgriBio Feed & Seed Corporation. Under the Equal Pay Act of 1963, AgriBio can legitimately pay different wages on the basis of a. seniority. b. job descriptions. c. substantial equality of skill, effort, and responsibility. d. gender.

Q: Erasmus files a suit against Drain-Pro Plumbing & Repair LLC under the Civil Rights Act of 1964, claiming reverse discrimination. To support this claim, Erasmus must show that he is a member of a. a protected class. b. a majority group. c. an employers' association. d. a union.

Q: Olivia applies for a job with Petro Company. Petro does not hire Olivia because of her ethnicity, or national origin. This is a. reverse discrimination. b. disparate-impact discrimination. c. disparate-treatment discrimination. d. not discrimination.

Q: Melanie files an employment discrimination suit against Natural Gas Industries Corp. under Title VII on a disparate-impact theory. To succeed, Melanie must show that a protected group of people are adversely affected by any of the following except the employer's a. practices. b. procedures. c. tests. d. seniority system.

Q: Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is a. reverse discrimination. b. disparate-impact discrimination. c. disparate-treatment discrimination. d. not discrimination.

Q: Truman applies for a job at Skylight Canopy Corporation for which he is well qualified, but for which he is rejected. Skylight continues to seek applicants and eventually fills the position with a person who is not a member of a minority. Truman is most likely to succeed in a suit against Skylight for discrimination if he is a member of a. a protected class. b. a majority group. c. an employers' association. d. a union.

Q: Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race. Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination. Sarah must show all of the following except that a. she is a member of a protected class. b. she applied and was qualified for the job in question. c. she was rejected by Trekking Travel Agency. d. other people of her race hold similar positions with other employers.

Q: Cody believes that Delta Corporation has discriminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that a. Cody is a member of a protected class. b. Delta has no legal defenses against the claim. c. discriminatory intent motivated Delta's act. d. other firms in Delta's industry have committed discriminatory acts.

Q: Dakota believes that Credit Services Corporation (CSC) has discriminated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act of 1964. To establish a prima facie case of employment discrimination, Dakota must show that a. she is a member of a protected class. b. CSC has no legal defenses against the claim. c. discriminatory intent motivated CSC's act. d. no other firm in CSC's industry has committed a discriminatory act.

Q: Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of a. experience. b. gender. c. intelligence. d. skill.

Q: Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of 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.

Q: Title VII of the Civil Rights Act of 1964 applies to which of the following? a. An employer with five employees b. An employer with ten employees c. A labor union with twenty-five members d. A labor union with twelve members

Q: Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. Among these, the most important statute prohibiting discrimination against members of protected classes is a. the Age Discrimination in Employment Act of 1967. b. the Americans with Disabilities Act of 1990. c. the National Labor Relations Act of 1935. d. Title VII of the Civil Rights Act of 1964.

Q: Erica is sixty-year-old woman with cerebral palsy. Erica is a member of a. one protected class. b. two protected classes. c. three protected classes. d. no protected classes.

Q: Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include a. Lee and Mira. b. Lee only. c. Mira only. d. neither Lee nor Mira.

Q: Under Title VII of the Civil Rights Act of 1964, most private firms are required to implement affirmative action policies.

Q: An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a business necessity.

Q: Gender can be a bona fide occupational qualification.

Q: Employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship.

Q: The Americans with Disabilities Act of 1990 requires that employers accommodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work

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

Q: Employers can consider mitigating measures or medications when determining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990.

Q: Under the Americans with Disabilities Act of 1990, an employer must hire unqualified applicants who have disabilities.

Q: State employers are not immune from private suits brought by employees under the Americans with Disabilities Act of 1990.

Q: State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act of 1967.

Q: Under the Age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person "outside the protected class."

Q: Under the Age Discrimination in Employment Act of 1967, the plaintiff must show that unlawful discrimination was the reason for an adverse employment action.

Q: A plaintiff who proves unlawful discrimination may be awarded reinstatement, back pay, but not retroactive promotions.

Q: There is no cap on damages for discrimination in violation of the Civil Rights Act of 1964.

Q: Protection against discrimination under the Civil Rights Act of 1964 does not extend to situations in which individuals are harassed by members of the same gender.

Q: An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action.

Q: When the harassment by co-workers creates a hostile working environment, an employee may have a cause of action against the employer.

Q: A tangible employment action is a significant change in employment status or benefits.

Q: Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964.

Q: An employee's resignation must be the foreseeable result of an employer's discriminatory action to support a showing of constructive discharge.

Q: Sexual harassment occurs only if sexual favors are demanded of an employee.

Q: Federal law does not prohibit employers from engaging in gender-based wage discrimination.

Q: Federal law does not prohibit employers from classifying jobs as male or female.

Q: A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.

Q: Employers can treat their employees more or less favorably based on their religious beliefs or practices.

Q: Employers cannot forbid their employees from participating in any religious activity.

Q: The Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males.

Q: The Civil Rights Act of 1964 does not protect against reverse discrimination.

Q: The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of national origin.

Q: Disparate-impact discrimination occurs when a protected class of individuals is adversely affected by an employer's practices, even though they do not appear to be discriminatory.

Q: Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.

Q: Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.

Q: Any employee, except an undocumented alien, can bring an action for employment discrimination.

Q: The Civil Rights Act of 1964 does not prohibit job discrimination in the hiring process.

Q: Title VII of the Civil Rights Act of 1964 does not apply to employers with only five employees.

Q: Healthy Harvest Company runs a candy and fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Occasionally, a position opens for an individual with highly specialized skills, particularly to operate and maintain the company's inventory and sales control systems. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? Can the company hire a noncitizen with special skills for certain jobs? If so, what procedures must the employer follow in both situations to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

Q: Borealis Power Company is subject to mandatory workers' compensation laws in the states in which it does business. Chad and Dex work for Borealis as part of a crew that travels to remote locations to repair downed power lines and other damaged equipment. At a distant site, Chad is injured in an accident that is entirely Dex's fault. Chad files a claim for workers' compensation. Should the claim be granted? What would be Borealis's best defense against it?

Q: The employee union at Top Tech Toys decides to go on strike. Their strike will be legal if a. the strikers form a picket line. b. the strikers form a massed barrier and deny management and nonunion workers access to Top Tech Toys' plant. c. the strikers stay in Top Tech Toys' plant without working. d. the strikers violently attack management.

Q: Dag is an employee of Ridge Mining Company. Under federal labor law, Dag and other employees have the right to a. bargain collectively with Eagle through their representatives. b. insist that Ridge require union membership as a condition of work. c. interfere with the efforts of others to form labor organizations. d. refuse to bargain with Ridge through their representatives.

Q: Following a union election campaign by Service Employees International Union among the employees of Quality Hotels & Resorts, Inc., the union does not obtain a majority vote in the election. This most likely violates a. federal labor law. b. federal elections law. c. federal employment discrimination law. d. no federal law.

Q: During a union election campaign, Sapphire Blue Finance Company prohibits on-site solicitations by Credit Workers Union, which is seeking the workers' unionization, while permitting charities to solicit the same workers. This violates a. federal labor law. b. federal elections law. c. federal employment discrimination law. d. no federal law.

Q: During a union election campaign, Autowerks Repair, Inc., prohibits on-site solicitations by any party, including Mechanics Union, which is seeking the workers' unionization. This violates a. federal labor law. b. federal elections law. c. federal employment discrimination law. d. no federal law.

Q: Elections for union officers are regulated by a. the Labor-Management Relations Act. b. the Civil Rights Act. c. the Labor-Management Reporting and Disclosure Act. d. no federal law.

Q: Clerical Workers Union represents the employees of Miracle Medical Research Company. The management of the firm refuses to bargain with the union over the hiring of unnecessary workers. This violates a. federal labor law. b. state right-to-work laws. c. federal employment discrimination law. d. no federal or state law.

Q: Food Packagers Union represents the workers of Garden Variety, Inc. The company does not require its workers to join the union as a prerequisite to obtaining employment. The union would like the employer to require the workers to join after a specified amount of time on the job. This would violate a. federal labor law. b. federal full employment law. c. federal employment discrimination law. d. no federal law.

Q: Employers are not allowed to interfere with employees' efforts to form or join a union under a. the Norris-LaGuardia Act. b. the National Labor Relations Act. c. the Labor-Management Reporting and Disclosure Act. d. the Labor-Management Relations Act.

Q: Finance Professionals Union represents the workers of Business & Commerce Banking Corporation. The management of the firm refuses to bargain with the union. This violates a. federal labor law. b. state right-to-work laws. c. federal wage and hour laws. d. no federal or state law.

Q: Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Fruits & Vegetables can hire illegal immigrants a. if either the employer or the immigrants file special forms. b. only if the employer files a special form. c. only if the immigrants file special forms. d. under no circumstances.

Q: Hu, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by a. the employer. b. the individuals. c. the individuals' countries of origin. d. the U.S. Citizenship and Immigration Services.

Q: Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for a. a random selection of new hires. b. every other new hire. c. new hires with certain racial or ethnic characteristics. d. each new hire.

Q: Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico. Due to the location, it would be easier for Southwestern to employ noncitizens. With respect to persons not authorized to work in the United States, an employer can a. hire them. b. recruit them. c. refer them for a fee. d. not hire them, recruit them, or refer them for a fee.

Q: Sunny Energy Company wants to genetically test its workers for potentially significant, future health problems. Sunny may a. discharge employees who test "positive." b. discriminate against job applicants who test "positive." c. deny group health insurance for its employees who test "positive." d. not make employment decisions based on genetic testing.

Q: Nimble Numbers Accounting Corporation, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly prohibits Nimble from subjecting its employees to a. job-skills tests. b. monitoring of business communications. c. drug tests. d. lie-detector tests.

Q: The Employee Polygraph Protection Act of 1988 prohibits most private employers from doing all of the following except a. requiring or causing employees or job applicants to take lie-detector tests. b. using, accepting, or referring to, or asking about the results of lie-detector tests taken by employees or applicants. c. taking or threatening negative employment-related action against employees or applicants based on results of lie-detector tests. d. using lie-detector tests to investigate losses due to theft.