LEGL 2700 ROESSING ACTUAL EXAM QUESTIONS WITH
SOLUTIONS A+ 2025/2026
✔✔Cons of Administrative Agencies - ✔✔Use tax money
Impose compliance costs
Unelected
Distort free market
Adjudication
✔✔Magnetball Litigation - ✔✔In 2012, CPSC imposes recall, then sues to enforce
Buckyballs settles, Zen Magnets fights
In 2016, 10th Circuit vacates CPSC rule
CPSC works to revise rule, fails to get consensus
CPSC currently has 2-2 political split
✔✔Bona Fide Occupational Qualifications (BFOQs) - ✔✔A qualification that permits
discriminatory practices in employment if a person's religion, sex, or national origin is
reasonably related to the normal operation of a particular business
✔✔Disparate Treatment - ✔✔A term of employment litigation that refers to the illegal
discriminatory treatment of an individual in some protected class (e.g., race or sex)
Intentional discrimination
✔✔Disparate Impact - ✔✔A term of employment litigation that refers to the
disproportionate impact of a policy neutral on its face on some protected class (e.g.,
race or sex)
✔✔Business Necessity Defense - ✔✔An affirmative defense under Title VII of the Civil
Rights Act
Raised to disparate impact claims and asserts that a facially neutral but discriminatory
policy is job related
✔✔Retaliation - ✔✔Striking back against someone for what they did to you
Used in labor law, employment discrimination cases, and whistle-blowing as part of a
doctrine prohibiting an employer from firing or taking other adverse actions against
employees for reporting the employer to federal agencies for violating various laws
✔✔Sexual Harassment - ✔✔Under Title VII, for an employer or workplace supervisor to
promise benefits or threaten loss if an employee does not give sexual favors
✔✔Hostile Work Environment - ✔✔Under Title VII, an environment where co-workers
make offensive sexual comments or propositions, engage in suggestive touching, show
nude pictures, or draw sexual graffiti
, ✔✔Comparable Worth - ✔✔Jobs that, although different, produce substantially equal
value for the employer
✔✔Affirmative Action - ✔✔Positive steps taken in order to alleviate conditions resulting
from past discrimination or from violations of a law
✔✔Reverse Discrimination - ✔✔The advancement and recruitment of minority workers
ahead of similarly qualified nonminority workers
✔✔Seniority System - ✔✔A plan giving priority to employees based on the length of
time an employee has worked for an employer
An employer may apply different standards pursuant to a good-faith seniority system if
the differences are not the result for an intention to discriminate
✔✔Section 1981 - ✔✔Provision of the Civil Rights Act of 1866 that forbids racial
discrimination in the making of contracts
✔✔Disability - ✔✔Any physical or mental impairment that substantially limits a major life
activity
✔✔Qualified Disabled - ✔✔A disabled person who can perform the duties of a job
✔✔Reasonable Accommodation - ✔✔The actions that an employer must take under
Title VII of the Civil Rights Act and under the Americans with Disabilities Act to adapt
employment conditions to an employee's religious belief or disability
✔✔Genetic Information Nondiscrimination Act (GINA) - ✔✔Prohibits covered employers
from firing, refusing to hire, or otherwise discriminating against individuals on the basis
of their genetic information or a family member's genetic information
✔✔Thompson v. North American Stainless, LP (2011) - ✔✔Thompson worked for NAS
Supreme Court was asked to determine if firing Thompson constituted unlawful
retaliation and, if so, whether he had a cause of action under Title VII
Court held that as an employee of NAS, Thompson was within the zone of interests of
Title VII and, as such, the statute's anti-retaliation provisions protected him
As such, he has standing to bring a claim against NAS
✔✔Ricci v. DeStefano (2009) - ✔✔New Haven (city) administered a test to firefighters to
determine who qualified for promotion
Results showed that white and Hispanic candidates outperformed minority candidates
Some minority firefighters argued that the test should be disregarded as discriminatory
and that it had a disparate impact on minority firefighters
Firefighters who passed the test argued that the City's failure to certify the test resulted
in disparate-treatment discrimination
SOLUTIONS A+ 2025/2026
✔✔Cons of Administrative Agencies - ✔✔Use tax money
Impose compliance costs
Unelected
Distort free market
Adjudication
✔✔Magnetball Litigation - ✔✔In 2012, CPSC imposes recall, then sues to enforce
Buckyballs settles, Zen Magnets fights
In 2016, 10th Circuit vacates CPSC rule
CPSC works to revise rule, fails to get consensus
CPSC currently has 2-2 political split
✔✔Bona Fide Occupational Qualifications (BFOQs) - ✔✔A qualification that permits
discriminatory practices in employment if a person's religion, sex, or national origin is
reasonably related to the normal operation of a particular business
✔✔Disparate Treatment - ✔✔A term of employment litigation that refers to the illegal
discriminatory treatment of an individual in some protected class (e.g., race or sex)
Intentional discrimination
✔✔Disparate Impact - ✔✔A term of employment litigation that refers to the
disproportionate impact of a policy neutral on its face on some protected class (e.g.,
race or sex)
✔✔Business Necessity Defense - ✔✔An affirmative defense under Title VII of the Civil
Rights Act
Raised to disparate impact claims and asserts that a facially neutral but discriminatory
policy is job related
✔✔Retaliation - ✔✔Striking back against someone for what they did to you
Used in labor law, employment discrimination cases, and whistle-blowing as part of a
doctrine prohibiting an employer from firing or taking other adverse actions against
employees for reporting the employer to federal agencies for violating various laws
✔✔Sexual Harassment - ✔✔Under Title VII, for an employer or workplace supervisor to
promise benefits or threaten loss if an employee does not give sexual favors
✔✔Hostile Work Environment - ✔✔Under Title VII, an environment where co-workers
make offensive sexual comments or propositions, engage in suggestive touching, show
nude pictures, or draw sexual graffiti
, ✔✔Comparable Worth - ✔✔Jobs that, although different, produce substantially equal
value for the employer
✔✔Affirmative Action - ✔✔Positive steps taken in order to alleviate conditions resulting
from past discrimination or from violations of a law
✔✔Reverse Discrimination - ✔✔The advancement and recruitment of minority workers
ahead of similarly qualified nonminority workers
✔✔Seniority System - ✔✔A plan giving priority to employees based on the length of
time an employee has worked for an employer
An employer may apply different standards pursuant to a good-faith seniority system if
the differences are not the result for an intention to discriminate
✔✔Section 1981 - ✔✔Provision of the Civil Rights Act of 1866 that forbids racial
discrimination in the making of contracts
✔✔Disability - ✔✔Any physical or mental impairment that substantially limits a major life
activity
✔✔Qualified Disabled - ✔✔A disabled person who can perform the duties of a job
✔✔Reasonable Accommodation - ✔✔The actions that an employer must take under
Title VII of the Civil Rights Act and under the Americans with Disabilities Act to adapt
employment conditions to an employee's religious belief or disability
✔✔Genetic Information Nondiscrimination Act (GINA) - ✔✔Prohibits covered employers
from firing, refusing to hire, or otherwise discriminating against individuals on the basis
of their genetic information or a family member's genetic information
✔✔Thompson v. North American Stainless, LP (2011) - ✔✔Thompson worked for NAS
Supreme Court was asked to determine if firing Thompson constituted unlawful
retaliation and, if so, whether he had a cause of action under Title VII
Court held that as an employee of NAS, Thompson was within the zone of interests of
Title VII and, as such, the statute's anti-retaliation provisions protected him
As such, he has standing to bring a claim against NAS
✔✔Ricci v. DeStefano (2009) - ✔✔New Haven (city) administered a test to firefighters to
determine who qualified for promotion
Results showed that white and Hispanic candidates outperformed minority candidates
Some minority firefighters argued that the test should be disregarded as discriminatory
and that it had a disparate impact on minority firefighters
Firefighters who passed the test argued that the City's failure to certify the test resulted
in disparate-treatment discrimination
