MGMT 200 QUIZ 4 QUESTIONS WITH
100% CORRECT ANSWERS
2 types of discrimination lawsuits - Answer-1. Disparate Treatment = intentional
discrimination
2. Disparate Impact
Disparate Treatment (discrimination lawsuit) - Answer-intentional discrimination -
treating an employee differently because of RACE
Disparate Impact - Answer-"unintentional discrimination" - a condition in which
employment practices are seemingly neutral yet disproportionately exclude a protected
group from employment opportunities. It is irrelevant whether the employer "intended"
the policy to discriminate
Constructive Discharge - Answer-A termination of employment brought about by making
the employee's working conditions so intolerable (harassment) that it causes resignation
of the employee
Disparate Treatment Cases - Answer-Brought by an individual plaintiff-employee and is
fact-specific to the employee. Plaintiff presents evidence first and must prove:
(A) was a member of a protected class who
(B) met job qualifications, and
(C) suffered an adverse employment action
(D) and as a result, the employer's action give rise to an inference of discrimination
How do Disparate Treatment Cases unfold? - Answer-1. Plaintiff presents evidence first
and proves the discrimination
2. Defendant then will argue that there was a legitimate, non-discriminatory, clear and
specific reason(s) for employment decision taken.
3. Plaintiff will then try to show defendant's "reason" was just a pretext (fake reason)
When is unequal pay allowed? (hint: 4 exceptions) - Answer-1. seniority
2. merit
3. a pay scale that measures quality or quantity of output; or
4. any other factor other than gender (e.g. working the less desirable night-shift, etc.)
National Origin - Answer-Unlawful to discriminate based upon national origin.
Employers cannot ask "where were you born?"
, Religion - Answer-Illegal to discriminate in employment based upon religion status. Title
VII includes religion as a protected class.
Religion Discrimination Test - Answer-1. Plaintiff/employee must be a member of a
protected class (has religion beliefs)
2. Qualified to do the job
3. Suffered some adverse employment action as result of their status
4. Defendant can show other reason for action
T/F: employers must make "reasonable accommodations" for religious beliefs unless
such accommodations create an "undue hardship" for the business - Answer-True: e.g.
Hertz drivers at Sea-Tac sued for religion discrimination against their Muslim beliefs.
The drivers lost the case because it created an undue hardship for Hertz - there weren't
enough drivers driving around when given their religious accommodation
Sexual Harassment - Answer-Major Title VII violation. Sexual harassment applies in
same sex situations
Quid Pro Quo - Answer-Job benefits in exchange for sexual favors OR an employee
would be retaliated against if they refused with such requests
Hostile Environment & Test - Answer-Occurs when unwelcome sexual conduct has the
effect of interfering with job performance or creating a hostile working environment
1. Verbal/physical
2. Frequency
3. Hostile or patently offensive
4. Co-worker or supervisor
5. Did others join in, participating in the objectionable conduct?
6. Was the conduct directed at more than 1 person?
US Supreme Court's Guidance to Protect Businesses from Sexual Harassment Claims
(limit businesses' liability) - Answer-The business's defense must show that they have in
place:
1. Clear business standards forbidding sexual harassment, which all employees should
sign, AND
2. A complaint system that allows employees to file grievances + prompt follow-up
Retaliation Lawsuit - Answer-a separate underlying claim of harassment, the plaintiff
must show:
1. Plaintiff was engaged in protected conduct (had a reasonable, good faith belief
concerning making a Title VII complaint)
2. Was subject to an adverse employment action
3. There was a causal connection between the protected conduct and the adverse
action
100% CORRECT ANSWERS
2 types of discrimination lawsuits - Answer-1. Disparate Treatment = intentional
discrimination
2. Disparate Impact
Disparate Treatment (discrimination lawsuit) - Answer-intentional discrimination -
treating an employee differently because of RACE
Disparate Impact - Answer-"unintentional discrimination" - a condition in which
employment practices are seemingly neutral yet disproportionately exclude a protected
group from employment opportunities. It is irrelevant whether the employer "intended"
the policy to discriminate
Constructive Discharge - Answer-A termination of employment brought about by making
the employee's working conditions so intolerable (harassment) that it causes resignation
of the employee
Disparate Treatment Cases - Answer-Brought by an individual plaintiff-employee and is
fact-specific to the employee. Plaintiff presents evidence first and must prove:
(A) was a member of a protected class who
(B) met job qualifications, and
(C) suffered an adverse employment action
(D) and as a result, the employer's action give rise to an inference of discrimination
How do Disparate Treatment Cases unfold? - Answer-1. Plaintiff presents evidence first
and proves the discrimination
2. Defendant then will argue that there was a legitimate, non-discriminatory, clear and
specific reason(s) for employment decision taken.
3. Plaintiff will then try to show defendant's "reason" was just a pretext (fake reason)
When is unequal pay allowed? (hint: 4 exceptions) - Answer-1. seniority
2. merit
3. a pay scale that measures quality or quantity of output; or
4. any other factor other than gender (e.g. working the less desirable night-shift, etc.)
National Origin - Answer-Unlawful to discriminate based upon national origin.
Employers cannot ask "where were you born?"
, Religion - Answer-Illegal to discriminate in employment based upon religion status. Title
VII includes religion as a protected class.
Religion Discrimination Test - Answer-1. Plaintiff/employee must be a member of a
protected class (has religion beliefs)
2. Qualified to do the job
3. Suffered some adverse employment action as result of their status
4. Defendant can show other reason for action
T/F: employers must make "reasonable accommodations" for religious beliefs unless
such accommodations create an "undue hardship" for the business - Answer-True: e.g.
Hertz drivers at Sea-Tac sued for religion discrimination against their Muslim beliefs.
The drivers lost the case because it created an undue hardship for Hertz - there weren't
enough drivers driving around when given their religious accommodation
Sexual Harassment - Answer-Major Title VII violation. Sexual harassment applies in
same sex situations
Quid Pro Quo - Answer-Job benefits in exchange for sexual favors OR an employee
would be retaliated against if they refused with such requests
Hostile Environment & Test - Answer-Occurs when unwelcome sexual conduct has the
effect of interfering with job performance or creating a hostile working environment
1. Verbal/physical
2. Frequency
3. Hostile or patently offensive
4. Co-worker or supervisor
5. Did others join in, participating in the objectionable conduct?
6. Was the conduct directed at more than 1 person?
US Supreme Court's Guidance to Protect Businesses from Sexual Harassment Claims
(limit businesses' liability) - Answer-The business's defense must show that they have in
place:
1. Clear business standards forbidding sexual harassment, which all employees should
sign, AND
2. A complaint system that allows employees to file grievances + prompt follow-up
Retaliation Lawsuit - Answer-a separate underlying claim of harassment, the plaintiff
must show:
1. Plaintiff was engaged in protected conduct (had a reasonable, good faith belief
concerning making a Title VII complaint)
2. Was subject to an adverse employment action
3. There was a causal connection between the protected conduct and the adverse
action
