WGU C233 EMPLOYMENT LAW ALL 2023 EXAM QUESTIONS. REVIEW RATED 100%

WGU C233 EMPLOYMENT LAW ALL 2023 EXAM QUESTIONS. REVIEW RATED 100% What is judicial review? *** The power of the Supreme Court to consider whether a law comports with the Constitution Which of the following is NOT a purpose or function of law? *Settle private and public disputes *Determine procedures for changing the law *Prevent desirable, or promote undesirable behavior *Facilitate for private arrangements between individuals *** Prevent desirable, or promote undesirable behavior What is a precedent? *** A controlling rule, example, or guide The doctrine of a court following the precedent of an earlier court is knows as: *** Stare decisis What is a judicial view? *** The power of the Supreme Court to consider whether a law comports with the Constitution. Which of the following laws has the least amount of power under the Supremacy Claus? *** State Laws Agency is a ________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his behalf and with the power to bind the principal. *** Contract An employer can be exposed to liability in tort (a civil wrong which causes someone harm) for the acts or omissions of the employee. This employment law is best known as: *** Vicarious Liability Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of the job description is referred to as: *** Scope of Employment In the scope of employment context, which of the following is an example of frolic and detour? *** An employee runs a personal errand while driving to a meeting at a company branch office. "Let the master answer for the servant" applies to which vicarious liability doctrine? *** Respondeat superior Of the following classifications of worker, which causes smallest obligation to the employer? *** Independent Contractor Which of the following is NOT one of the three different tests commonly used to determine if a worker is an employee or an independent contractor? *The economic realities test *The IRS 20-factor analysis *The common law agency test *The working description test *** The working description test What is the main purpose of the economic realities test? *** Determine whether the worker has little freedom to exit the relationship because they are economically dependent on the business The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is NOT a factor? *Integration: How closely the employer's business processes linked to a worker's performance? *Relationship: How many hours per year do the employee and employer spend time together outside of work? *Training: How much training does the employer give? *Instructions: Who controls what, when and how work is to be done? *** Relationship: How many hours per year do the employee and employer spend time together outside of work? TRUE or FALSE: Generally, partners, directors and major shareholders are not employees. *** TRUE What is the definition of an employer? *** An entity that employs another to work on his or her behalf for pay. Operations of two or more employers are considered so intertwined that they can considered a single employer for purposes of both federal statutory coverage and liability. This is knows as: *** Integrated Enterprise When two or more entities, which are not engaged in an integrated exercise, exert control over an employee such that each entity may be considered an employer, this is known as the _______ doctrine. *** Joint Employer A business is a _____ employment agency if it regularly procures employees for at least one covered employer. *** Covered Which of the following is NOT a qualification to fall under federal employment law statutes? *An entity is not engaged in an industry-affecting commerce *An entity maintains a hiring hall which procures employees for at least one covered employer *An entity membership exceeds certain number *An entity represents the employees of an of an employer *** An entity is not engaged in an industry-affecting commerce Under the Employment-At-Will Doctrine, _____. *** An employer may terminate an employee at any time, for any legal reason without incurring liability. The At-Will Doctrine has come under much criticism in the modern age because _____. *** It allows for possible harsh consequences for the employee. Which of the following is NOT recognized exception to at-will doctrine under the common law? *Implied covenant of good faith *Public Policy *Economic sustainability *Implied contract *** *Economic sustainability How many states recognize the the public policy exception? *** 44 If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a *** retaliatory discharge Employees may claim wrongful termination through _____ or constructive discharge. *** tort claims What is the doctrine of Constructive Discharge? *** Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit. When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, _____ has occured. *** Intentional interference with a contract. _____ prohibits termination for anything other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. *** Montana Wrongful Discharge From Employment Act TRUE or FALSE: The Montana Wrongful Discharge from Employment Act limits employee damages for wrongful termination to four years of compensation. *** TRUE ______ is/are the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of 1871 were ineffective in improving the rights of blank Americans? *** Lack of enforcement On June 19, 1963, President John F. Kennedy sent comprehensive civil rights legislation to Congress, asking it to: *** "Make a commitment it has not fully made in this century to the proposition that race has no place in America life or law." The Vll covers employers to have "_____ or more employees for each working day in each of twenty or more calendar weeks in the current preceding calendar year, and any agent such a person." *** 15 TRUE or FALSE: Title Vll does not prevent employers of businesses operated in proximity to Native American reservations from preferring Indians over others for jobs. *** TRUE Which of the following is not a specified protected class under Title Vll? *** Sexual affinity or orientation Which federal agency was created by the Civil Rights act of 1964 and tasked to enforce federal anti-discrimination statutes. *** EEOC During its first few years, the EEOC lacked enforcement authority and had power to only investigate discrimination and then refer meritorious claims to the _____ to pursue through litigation. *** Department of Justice The EEOC has influenced the judicial interpretation of civil rights legislation by helping to define what constitutes _____. *** Discrimination The Age Discrimination in Employment Act of 1967 protects individuals who are over what age? *** 40 Before an employee or job candidate can take a complaint of job discrimination under the Title Vll to court, he/she must first: *** File with the EEOC What is disparate treatment under Title Vll *** The intentional adverse of unequal treatment of an individual based upon a protected class characteristic. Disparate treatment may be established by _____ of discriminatory motive. *** Direct evidence Three employees were caught stealing. The two white employees are fired, but the black employee is not. Being fired for stealing is a perfectly acceptable business practice. Under what disparate treatment discrimination analysis might the white employees show discrimination? *** Comparative evidence What is a bona fide occupational qualification? *** The subject class characteristic is reasonably necessary to the normal operation of that particular business or enterprise. _____ discrimination is when an employer's policies have the purpose or effect of assigning employees to particular aspects of a business enterprise based upon a protected class characteristic and with no apparent legitimate business necessity. *** Pattern and Practice In the Title Vll disparate impact discrimination claims, the plaintiff charges that: *** The employer's procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class. _____ discrimination is directed at an individual, _____ discrimination is directed at a class of persons. *** Disparate treatment : Disparate impact What was the ruling in the Griggs v. Duke Power? *** Duke Power's standard intelligence test had disparate impact on black employees. Congress passed the _____ to codify the concept of disparate impact discrimination as articulated in Griggs v. Duke Power. *** Civil Rights Act of 1991 Griggs v. Duke Power was the seminal case for establishing *** Disparate impact In disparate impact claim under Title Vll, the plaintiff must establish the following prima facie elements: A. An apparently neutral employer's procedure, policy, or practice which has teh effect of limiting employment opportunities for a particular class. B. The difference in impact is substantial C. The impact is intended to affect a specific group *** Both A and B Which of the following is NOT an example of neutral policy and protected class(es) which may be impacted by the policy? *Physical strength tests - gender *No beard policies - gender/race/national origin/religion *Educational requirements - race;dress codes - gender/religion *Drug testing - national origin *** Drug testing - national origin The EEOC has established a guideline for determining whether a statistical disparity has disparate impact upon a particular protected class or classes known as: *** The four-fifths rule What is a screening device? *** A test or set of hiring criteria Once a plaintiff has established a prima facie case, the burden shifts to the employer to show that neutral policy is job-related and consisted with: *** business necessity In a disparate impact claim, plaintiffs may allege that the employer-offered business reasons for adverse employment action is merely a _____ or cover-up for discrimination. *** Pre-text _____ is the foundation case that establishes the notion of pretextual discrimination. *** McDonnell Douglas, Corp v. Green The rationale of the prima facie case in disparate impact cases is to eliminate the _____ reasons for a job denial and thereby show that discrimination is the most plausible explanation. *** Nondiscriminatory When plaintiffs allege adverse impact discrimination, they must show: *They are a member of a particular protected class *They applied for the job *The job was available *All of the above *** All of the above In adverse impact claim where the employer offers a legitimate reason for the adverse employment action and the burden shifts back to the plaintiff, which of the following does not support the plaintiff's case? *** The reason is important to the business but not the specific employee. What is the term which describes an adverse employer job action based upon an employee's lawful actions? *** retaliation TRUE or FALSE: An employee can be subject to any negative job action for making a frivolous claim of disparate treatment discrimination under Title Vll. *** FALSE Which of the following is NOT a prima facie case for retaliation? *The employee engages in protected activity *The employee suffers some adverse employment action *There is nexus - causal link - between the adverse employment action and the employee's protected activity. *The employee does not suffer from an adverse employment action. *** The employee does not suffer from an adverse employment action. Which of the following is not a form of retaliation? *Limited supervision *Salary reduction *Negative evaluation *Demotion *** Limited supervision The fact that an employee has exercised his or her rights under an anti-discrimination statute does not prevent an employer from taking _____ against that employee if performance lags or discipline is necessary. *** legitimate job action What is the legal term which describes the relief a person may obtain when he/she is successful in establishing discrimination claim under Title Vll? *** Remedy Compensatory damages are a monetary amount necessary to replace what the claimant lost. Which of the following is NOT included? *Ego *Money *Non-monetary losses *Pain *** Ego What if front pay? *** An award of money in lieu of reinstatement An equitable remedy could include a retroactive reinstatement of seniority, or an order requiring a firm to refrain from certain actions. This is known as: *** Injunctive relief TRUE or FALSE: The Civil Rights Act of 1991 amended Title Vll to include compensatory and punitive damages, but placed a cap of damage amounts. *** TRUE What did the U.S.C. Section 1981 provide to all citizens, including those of African descent? *** The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws How long does the application Title Vll continue after a firm has reached a critical mass of 15 employees? *** One Year In 1972, Congress amended Title Vll, by passing the _____ which give the EEOC authority to conduct its own enforcement litigation. *** Equal Employment Opportunity Act What is the main purpose of the Equal Pay Act of 1963? *** Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the: *** Private sector An employer's decision to take some adverse action against an applicant or employee based upon knowledge and consideration of a protected class characteristic which has little or nothing to do with whether a person can perform the essential functions of a job is known as _____. *** Discriminatory intent An employer may claim that 50 percent of employees are non-white minorities or women. However, if the minority employees or women are concentrated in low playing positions, and all the white employees hold high paying managerial positions, this would be best described as: *** Pattern and practice discrimination Which of the following is NOT an unlawful practice under Title VII: *Refusing to hire or discharge an individual based on race, color, religion, sex or national origin *Adversely affecting the status of an employee based on race, religion, sex, or national origin *Limiting, segregating, or classifying employees based on race *Changing time schedules for individuals because of religious conflict *** Changing time schedules for individuals because of religious conflict The seminal case establishing the concept of disparate impact is: *** Griggs v. Duke Power When an employer's facially neutral procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class, they are said to have _____. *** Disparate impact Examples of facially neutral policies and protected classes that may be impacted might include: *Height and weight restrictions - gender/national origin *Language requirements - national origin *Physical strength tests - gender *All of the Above *** All the Above The four-fifths rule provides that a screening device test or other hiring criteria - will be discriminatory if the selection rate of a protected class is less than _____ percent of the majority. *** 80 Which of the following is NOT something a complaining party must show in a case of pretext? *The employer kept looking to fill the position *The complaining party was denied the position *The complaining party was qualified for the position *The complaining party was previously employed by the employer in question *** The complaining party was previously employed by the employer in question TRUE or FALSE: In the McDonnell Douglas, Corp v. Green case, the U.S. Supreme court remanded the matter to the lower court to conduct a hearing under the prima facie standards is established. *** TRUE Unlike disparate treatment based upon _____ characteristics, retaliation involves adverse job action based upon an employee's lawful actions. *** Class In the private employer arena, an employee would have to look to the public policy exceptions and to the _____ to determine if a case of retaliatory discharge is available. *** At-will doctrine TRUE or FALSE: Favorable actions to an employee cannot be seen as retaliation. *** FALSE Remedies can include: A. Money B. A desired action C. An unmerited promotion Both A and B *** Both A and B Money awards may take the form of back pay for up to _____, for the time an employee was not working, *** Two years Monetary damages designed to punish an employer is known as _____. *** Punitive damages Notwithstanding the protection of Title VII, much progress remains to be made as women continue to trail men in: *** Employment compensation and opportunity Title VII prohibits gender discrimination in all aspects of the employment process including: *Hiring *Promotion *Transfers *All of the above *** All of the above Which of the following is an important case addressing grooming and dress in gender discrimination? *** Price Waterhouse v. Hopkins A federal judge found that forcing female, but not male, employees working in a casino to wear makeup was: *** Not a violation of Title VII Why did the Civil rights act of 1964 add the word sex just before signing it into law? *** There existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII What is gender plus discrimination? *** When an employer classifies employees on basis of gender plus another characteristic Which of the following is an example of gender plus discrimination? *** An employer treats an employee different because he/she has young children at home, assuming he/she will have less time to devote to work Gender plus discrimination may also involve age, as in hiring younger women over older women as child care workers or receptionists. In this case, age is the: *** Plus factor Once the prima facie case of gender plus discrimination has been established, the burden of production shifts to the: *** Employer Which of the following is NOT a way an employee claiming gender plus discrimination can discredit an employer's pretext? *Weaknesses *Contradictions *Implausibilities *Consistencies *** Consistencies What is the purpose of the Pregnancy Discrimination Act? *** To prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical conditions If an employees ability to perform the essential functions of a job is temporarily disrupted by pregnancy, employers must treat an employee: *** The same as any other temporarily disabled worker Pregnancy health coverage must be _____ of marital status. *** Independent Workers who are opposing discriminatory practices under the PDA, filing a discrimination charge, testifying, or participating in an investigation, proceeding, or litigation under the Title VII: *** May not be retaliated against for opposing discriminatory employer practices Health insurance provided by the employer must include pregnancy-related conditions at the same cost as other medical conditions. What can be excluded? *** Elective abortions a year before the passage of Title VII, the Equal Pay Act (EPA) was enacted to require almost all employers to: *** Pay women and men equally for the same work Unlike the Title VII, an EPA does not require a complaint to the _____ prior to bringing lawsuit against an employer. *** EEOC To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that _____ employees of the opposite gender are: 1) working in the same place; 2) doing equal work - sufficient commonality of tasks and responsibilities; and 3) receiving different and unequal pay. *** Two _____ refers to the law providing that the 180 - day filing period begins to run on the date of any three events: 1) the adoption of a discriminatory practice or decision to the employee; and most significantly, 3) each time wages, benefits, or compensation is paid under the practice or decision. *** Lilly Ledbetter Fair Pay Act TRUE or FALSE: The Lilly Ledbetter Fair Pay Act also expanded the list of persons aggrieved by the discriminatory pay practice or decision to include family members and children of deceased workers. *** TRUE Title VII contains no language prohibiting "harassment" or "____________," but courts have recognized the claim because harassment is equivalent to discrimination in its employment opportunity limiting effects. *** Sexual harassment At its most basic level, sexual harassment is harassment directed at an employee because of his or her: *** Gender A male nurse who is regularly berated by coworkers for doing a "woman's job" or a female employee who is continually mocked for not being "tough enough" to handle a traditionally male job, like driving a truck or negotiating with a union, are examples of: *** Sexual harassment In a case where gender, but not sexual motive is involved, the harassment is more appropriately named *** Gender harassment TRUE or FALSE: When the harassment is gender-based, no sexual harassment claim is available. *** FALSE Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status is known as ________ sexual harassment. *** Quid pro quo What is Quid Pro Quo sexual harassment? *** Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status What is the meaning of Quid Pro Quo? *** Something for something The possible employment outcomes used as part of the exchange in sexual harassment are called: *** Tangible job actions Which of the following is NOT a significant tangible job action to show harassment? *Demotion *Alteration in pay *Transfer to another job with the same pay, benefits, duties, and opportunity *Termination *** Transfer to another job with the same pay, benefits, duties, and opportunity In a hostile work environment sexual harassment claim, the affected employee alleges that he/she: *** Has been put in an intimidating, hostile, or offensive working environment that unreasonably interferes with his/her work performance What is the seminal case for hostile environment sexual harassment? *** Meritor Savings Bank, FSB v. Vinson Which of the following is not a claim in a prima facie case for a hostile work environment? *** The employer does not know the actions are unwelcome Which of the following could be considered severe or pervasive enough to create a hostile work environment? *Excessive profanity *Offensive touching *Disseminating pornography *All of the above *** All of the above If a claimant provoked or engaged in offensive behavior at work, courts have held that: A. If the victim has provoked the bad conduct, he or she will be prevented from making a claim of sexual harassment B. A victim's sexual history or behavior is immaterial to a sexual harassment claim. C. The severity of the violation is the only thing that can be a deciding factor Both A and B *** Both A and B The Supreme Court has held that an employer is strictly liable for harassment by a supervisor if the harassing behavior culminates in a(n) ___________ employment action such as a termination or demotion. *** Tangible An employer may be held liable for the actions of others which result in the creation of: *** Quid pro quo and hostile work environment sexual harassment When a supervisor, within the scope of his or her employment, engages in sexual harassment: *** The employer must answer for the bad behavior Employers can defend themselves by proving that 1) the employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement; and 2) the plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities that the employer provided. What is this tactic called? *** Ellerth/Faragher affirmative defense How has the Supreme Court defined a supervisor? *** A managing employee who has power to take tangible employment actions against the victim Before the final passage of the Civil Rights Act of 1964, Virginia Democrat, Senator Howard W. Smith, inserted into the language of the legislation defining the class of persons protected under the anti-discrimination provisions of Title VII the word: *** Sex Which of the following is NOT an element of a prima facie case for gender discrimination? *The employee is the protected class *The employee is qualified for the position *The employee suffers some adverse employment action *A person of the same gender received favorable employment action or the employer continues to look for applicants for the position. *** A person of the same gender received favorable employment action or the employer continues to look for applicants for the position. Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees. What is the stipulation to this rule? *** The application must be fair and reasonable When an employer classifies employees on the basis of gender, plus another characteristic, this is known as: *** Gender Plus discrimination The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following? *** Similarly situated workers of the same gender, with small children, are treated more favorably If the employer produces a legitimate business reason for the job action, under the _________________ formula, the burden shifts back to the employee to demonstrate that the employer's proffered reason is pretextual. *** McDonnell Douglas The __________ prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. *** Pregnancy Discrimination Act Employees on leave for pregnancy-related issues must be treated the same as other workers on leave. Which of the following is NOT an example of this? *Vacation time calculations *Accrual of seniority *Promotions to management *Pay increases *** Promotions to management Employers may not use gender as the basis for pay considerations on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. What protects this? *** EPA To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that two employees of the opposite gender are: *Working in the same place *Doing equal work - sufficient commonality of tasks and responsibilities *Receiving different and unequal pay *All of the above *** All of the above Some argue that disparity requires remedy and that pay should be equal for employees doing different jobs, but which are of: *** Comparable worth Which of the following is always involved in a case of sexual harassment? *** Gender harassment The term sexual harassment applies to: *** Both gender harassment and sexual harassment While the facts of such cases are always subject to personal interpretation, is it often more clear when quid pro quo sexual harassment occurs because there is traceable __________ action. *** Tangible Job TRUE or FALSE: An aggressive sexual advance is made by a male boss to a female subordinate and rejected. Later the female employee receives a raise. There is no colorable claim of quid pro quo sexual harassment because the "victim" did not suffer a tangible job action. *** FALSE Which of the following is considered an example of hostile working environment sexual harassment? *** An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee's work performance Unwelcome conduct is that which is not solicited by the employee and which a ________________ would regard as offensive or unwanted. *** Reasonable person What was the court's ruling in the Meritor case regarding the claimant's past sexual history? *** A victim's sexual history or behavior is immaterial to a sexual harassment claim In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid liability for supervisor harassment by proving affirmatively that: *** The employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement The risks to employers from sexual harassment claims is great, as plaintiffs may claim up to _____________ in compensatory damages, ask for punitive damages, and request jury trials. *** $300,000 What is happening to the number of people who continue to work after the age of 55? *** The number of people continuing to work after the age of 55 is rising The amount of women in the workforce: *** Has increased This rise in older workers remaining in the workplace longer carries with it a concomitant rise in ______________claims. *** Age discrimination Which of the following is not a reason employers benefit from retaining and hiring older employees? *** Higher health costs While individual older employees can have higher health care costs than other employees, in one respect they have lower health costs. Why would that be? *** Fewer dependents How is age considered in Title VII of the Civil Rights Act of 1964? *** It is not considered in the civil rights act Congress first directed the secretary of labor to investigate age discrimination. The Secretary found that age discrimination against older workers was prevalent, with the bulk of the problem stemming from employers setting __________ age maximums *** Arbitrary The Age Discrimination in Employment Act protects workers that are ____ and older. *** 40 TRUE of FALSE: If two people apply for the same position, and one is 42 and other 52, the employer may not lawfully turn down either on the basis of age, but must make such a decision on the basis of some other factor. *** TRUE The court case of General Dynamics Land Systems, Inc v. Cline found that: *** Employers may always favor the old over the young, even when both candidates are 40 years of age and older Which of the following is not required in establishing a claim of age discrimination under the ADEA? *** Was made to feel old because the majority of employees are younger In order to establish a prima facie case for age discrimination under the ADEA, the claimant might provide that he/she was treated less favorably than another younger employee. What qualifies as a younger employee? *** Substantially younger than the complaining employee To establish an ADEA claim, the burden of proof falls squarely on the ___________ to show that "but for" age discrimination the negative job action would not have occurred. *** Plaintiff The most common employer defense to ADEA disparate treatment claims is: *** Bona fide occupational qualification This defense is applied when the same employer hires and then fires the 40 years or older plaintiff employee claiming discrimination. The courts have concluded that if the employer was willing to hire a person 40 years of age or older, a permissible inference is present that age was not a motivating factor in the ultimate termination of that same employee. *** Same actor defense The employer defense to disparate impact claims is that the employment practice: *** Includes a reasonable factor other than age Which of the following is not a guideline in determining if an employment rule is a RFOA? *** Whether the rule was designed to discriminate against older employees Unlike the "business necessity test" in Title VII cases, when an employer makes a reasonable business decision impacting older workers, the employer is __________ to search for, or employ, another less-discriminatory practice for achieving the legitimate business purpose. *** Not required Which of the following statements is true based on this scenario? An employer asked managers to identify the least productive employees without providing any guidance about how to do so. As a result, older workers were disproportionately rated as least productive. *** The design and administration of the practice was not reasonable because it decreased the likelihood that the employer's stated goal would be achieved and increased the likelihood that older workers would be disadvantaged. Age discrimination may also be established when an employee shows that a facially-neutral company policy has a ___________effect on employees covered by the ADEA. *** Negative When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs, this is referred to as: *** Reduction in force Courts will not review whether the termination of an older worker was ________, but rather whether it was based upon clear procedures, objective budgetary considerations, and actual position elimination. *** Fair TRUE or FALSE: The ADEA prohibits elimination of an older worker's position for budgetary reasons *** FALSE Which of the following is not a reason a RIF plan would be seen as discriminatory? *** Eliminates one or more positions as part of a strategic business plan The Supreme Court in Hazen Paper Co. v. Biggins, 507 U.S. 604, held that age and seniority are ________________ from each other in the ADEA context. *** Analytically distinct Which of the following is an exception to the ADEA's prohibition of mandatory retirement ages? A. Firefighters and police officers B. A small number of corporate executives who carry substantial discretionary authority and will have a company pension of at least $44,000 C. Non-pension employees that have turned 70 years of age in a government position Both A and B *** Both A and B To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections through the use of aggressive retirement pressures, in 1990 Congress passed: *** OWBPA How should ADEA waivers be written? *** In a manner calculated to be understood by the individual, or by the average individual eligible to participate in a workforce reduction plan A workforce reduction plan must contain language recommending consultation with an attorney and has to include both ____-day consideration and ___-day rescission periods. *** 21 : 7 Most of the time, retirement incentives and accompanying ADEA waivers are: *** Made to numerous employees at the same time Age discrimination claims: *** Are on the rise Author Dave Bernard, in a 2012 U.S. News and World Report article, argues that older workers are better workers because: *** They possess abundant knowledge and experience What factors are causing employees to work until they are older than 55 years old? *Increased desire to work longer *The need for workers to accumulate adequate retirement resources *People living longer lives *All of the above *** All of the above Employment policies made it difficult for older workers to retain employment and find new employment after termination. In response, Congress passed the: *** ADEA The ADEA applies to public and private employers and unions with more than _______ employees. *** Twenty Suppose two people apply for the same position, and one is 42 and other 52. What action can the employer take? *** The employer may not lawfully turn down either on the basis of age, but must make the decision on the basis of some other factor How old must an employee be to claim age discrimination under the ADEA? *** Must be over the age of 40 In age discrimination, what is the meaning of a mixed motive? *** The many factors which come into play in discrimination cases Which of the following is not a typical position that can be defended by the BFOQ defense? *** Cook Under the ADEA, there is no _______________ for age. Moreover, the condition of being over 40 is not a disability. *** Reasonable accommodation The EEOC states that an "employment practice is based on a _______ when it was reasonably designed and administered to achieve a legitimate business purpose in light of the circumstances, including its potential harm to older workers." *** RFOA A nursing home decided to reduce costs by terminating its highest-paid and least-productive employees. To ensure that supervisors accurately assessed productivity and did not base evaluations on stereotypes, the employer instructed supervisors to evaluate productivity in light of objective factors such as the number of patients served, errors attributed to the employee, and patient outcomes. Which of the following is true of this example? *** Even if the practice did have a disparate impact on older employees, the employer could show that the practice was based on a RFOA TRUE or FALSE: In unlawful age discrimination claims, the employer's consideration of the harmful impact of an employment practice and its efforts to mitigate it will be relevant to a successful defense of the rule or policy. *** TRUE In general employment terms, what is a reduction in force (RIF)? *** When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs Courts will find a RIF plan discriminatory if: *Downsizing is used as an opportunity to eliminate older workers *The selection of which employees will be terminated is based on subjective criteria *The RIF is initiated as pretext to avoid ADEA concerns *All of the above *** All of the above The Supreme Court in Hazen Paper Co. v. Biggins held that a paper company's decision to terminate an employee because his pension was about to "vest" was: *** Not in violation of the ADEA The ADEA was designed to eliminate practices based upon the negative and unsupported _______________ of reduced performance and competence. *** Age stereotypes What is the purpose of the Older Worker Benefit Protection Act? *** To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections In exchange for offering retirement incentives, employers require an assurance from the retiring employee that he or she will not make a personal claim against the employer under the ADEA, through so-called: *** ADEA waivers TRUE or FALSE: The so-called ADEA waiver prevents a retiree from personally suing under the ADEA, but does not prevent him or her from making an age discrimination claim with the EEOC. *** TRUE TRUE or FALSE: In 1964 Congress did not include religion as a protected class under Title VII. *** FALSE EEOC reports the largest percentage of employee complaints, based on religious discrimination, involve bias against _______. *** Muslims The majority of United States citizens identify themselves as _________ . *** Christian What is considered a possible explanation for increased religious discrimination claims? *** Increased immigration by individuals with religious beliefs that have not been traditionally present in the U.S. TRUE of FALSE: A majority of white evangelical Protestants believe that discrimination against them in the workplace is a problem. *** TRUE TRUE or FALSE: When first passed in 1964, Title VII did not define religion. *** TRUE TRUE or FALSE: Under Title VII, singular philosophies regarding social, political, and economic concerns and personal preferences are considered religious beliefs. *** FALSE According to the EEOC, religious beliefs are: *** Moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views Why is vegetarianism not considered a religion, while Jainism, which espouses vegetarianism, is? *** Vegetarianism is an isolated precept while Jainism is a comprehensive belief system. Religious observances include: *Meditation *Donning garb *Formal meeting attendance *All of the above *** All of the above TRUE or FALSE: Religion is more than what a person believes but also what he or she "does." *** TRUE Once an employer becomes aware of a work-religion conflict, and the employee asks for an accommodation, the employer must determine first: *** If the conflict is indeed a religious one An employer may not have a duty to accommodate religious beliefs if: *The employee has behaved in a way that is manifestly inconsistent with a religious belief *The employee appears to be seeking a secular benefit by using religion as a pretext *The employee makes the request at a time that is suspect *All of the above *** All of the above Which of the following is not correct? When looking at whether an accommodation is a hardship, courts look to the employer's: *** Number of employees accommodated in the past A young Native American man working at a fast food chain has been asked to tuck in his long hair to adhere to dress code standards. The young man refuses to cover his hair because of religious reasons. The young man is terminated from the position. Which of the following is correct? *** He has no case against the fast food company because he would not adhere to the dress standards TRUE or FALSE: Employers must provide reasonable accommodation for an employee who seeks to display icons or religious messages at work stations, engage in regular discussions of religious beliefs, pray at work stations, overtly read scripture, hand out literature to co-workers, or use religious phrases in greeting others. *** TRUE To determine whether a religious request is an undue hardship, employers may consider all of the following except: *The potential disruption *Co-workers and customers *Business operations *Religious practicality *** Religious practicality The federal government has adopted a policy that provides for employee religious speech at public facilities, but with reasonable restrictions on time, manner, and place, as well as consideration for: *** Co-workers who have made it clear the speech is unwelcome The Society of Human Resource Management (SHRM) reports the most common religion-related complaint at work is: *** Employees proselytizing TRUE or FALSE: Employees proselytizing to customers can be a cause of undue hardship. *** TRUE TRUE or FALSE: It was permissible for a Jesuit university to deny a qualified Jewish philosophy professor a teaching position at the university on the basis of his religion. *** TRUE TRUE or FALSE: Title VII contains, at section 702, an exemption to its anti-discrimination protections for religion, but applies only when religion is in no way connected with the job qualifications. *** FALSE The Church of Jesus Christ of Latter-day Saints maintained a policy that all of its employees be required to meet a strict standard of personal commitment to the church principles represented by a worthiness certificate. Amos, a janitor at a church-owned gymnasium, failed to obtain the certificate and was terminated from employment. The Supreme Court in the case of the Corp. of Presiding Bishop v. Amos 483 U.S. 327 (1987) found that: *** The Section 702 exemption covered all Latter-day Saint employees because of the church's broad range of activities, which included providing health care, education, and ranching services. A religious exemption may be applied to all positions within a religious organization: *** whether or not the position is ecclesiastical What is the definition of Bona Fide? *** In good faith TRUE or FALSE: The majority of workers say Muslims face more religious discrimination in the workplace than any other group. *** TRUE TRUE to FALSE: When employees need religious "reasonable accommodations," they are not protected under Title VII. *** TRUE TRUE or FALSE: Given that the request is legitimate, an employer has the duty to provide the employee with a reasonable accommodation, even if undue hardship is caused to the business. *** FALSE TRUE or FALSE: It is generally bad policy to ban all private religious communication at work. *** TRUE TRUE or FALSE: Before 1964, it was uncommon to see overt religious discrimination in the workplace. *** FALSE The Courts have found that "religion" includes: *** Traditional organized religions as well as new, informal, small, or personal religions For Title VII purposes, religious beliefs cover: *** The ultimate ideas about life, purpose, and death A clear definition of religion has proved elusive because: *** Religious beliefs are so diverse and uniquely personal Title VII requires employers to accommodate only religious practices arising out of _______ beliefs. *** Sincerely-held Under reasonable accommodation, an employer is not required to: *change its shift management schedule *order other employees to work alternate shifts *violate seniority rules to accommodate an employee *All of the above *** All of the above The level of reasonable accommodation has been characterized by the courts as "de minimus," meaning *** Not very much Which of the following is a good example of accommodating a request for religious advocacy? *** Provide for a time and place for religious discussions before and after work and on breaks. Religious communication can create undue hardship on an employer if it disrupts the work of other employees or: *** Constitutes unlawful harassment Over the past two decades, _________ immigration has been on the rise and _________ immigration has declined. *** Islam : Christian Which religious groups have seen the largest increase in workplace discrimination over the past decade? *** Muslims and Hindus Religious observances include a broad range of activities that could include: *formal meeting attendance *public praying *proselytizing or abstinence from some common practices *All of the above *** All of the above In cases where an employee's religious practice conflicts with a work assignment, Title VII requires that the employer: *** Make a reasonable accommodation When looking at whether an accommodation is an undue hardship, courts look to: *The employer's efforts *The cost of accommodation *The size of the employer *All of the above *** All of the above In the Hewlett-Packard Company case, an employee who objected to the firm's diversity policy posted anti-gay verses from the Bible at his desk. The court that ultimately heard that case found an undue hardship because: *** It was impossible for HP to accommodate religiously-motivated expressions that violated its core human resource philosophy. Why was it permissible for a Jesuit university to deny a qualified Jewish philosophy professor a teaching position at the university on the basis of his religion? *** The requirement that a professor also be a Jesuit was wholly consistent with the university's mission to expose students to education in the context of the Jesuit tradition. John F. Kennedy believed that getting/using ___________________ was the only way for the American society to eliminate inequality. *** Congress and state legislative bodies to act Congress responded to Kennedy's pleas for equality by including _____ and __________ in Title VII of the Civil Rights Act of 1964. *** Race : Color What is the most common discrimination claim made to the EEOC? *** Race discrimination The problem of continued race discrimination is evident by reference to the labor market itself, with persons of color being much more likely to work in __________ jobs than whites. *** Low-paying TRUE or FALSE: Title VII provides for race and color protections for all races: Whites, Blacks, Asians, Latinos, Arabs, American Indians and Alaska Natives, Native Hawaiians and Pacific Islanders, and mixed-race persons. *** TRUE The EEOC and case law have allowed for which of the following as a legitimate factor to use when determining race? *Culture - dress, grooming practices, accent, or manner of speech *Employer perception of a person's race *Association - race determined by who a person is married to or to whom he or she is related *All of the above *** All of the above According to the EEOC, color is commonly understood to mean: *** Pigmentation, complexion, or skin shade or tone The situation wherein an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race is referred to as: *** Racial Animus What is racial animus in the employment discrimination context? *** A situation where an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race An employer hires a Black salesperson, but assigns the person to territories with a high percentage of Black people or gives him/her only Black person's accounts. What is this an example of? *** Steering assignments Which of the following has no effect on causing a workplace to become polluted with actionable race discrimination under Title VII? *** Pedestrians passing in front of the establishment Which of the following is a trigger for race-based harassment liability? A. The conduct must be unwelcome B. The conduct must be sufficiently severe or pervasive to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim's position C. The victim must show discomfort of some form Both A and B *** Both A and B When addressing cases of race-based harassment, the EEOC looks at the: *** Totality of the circumstances What is the best workplace policy regarding workplace joking? *** Prohibit workplace race and color joking Generally, however, _________________ claims develop over time. *** Hostile work environment Protections from Title VII of the Civil Rights Act of 1964 extend to: *** All workers in the U.S., whether or not born in the U.S. and irrespective of citizenship When an employer makes an adverse employment decision against an individual because the person, or his/her ancestor, is from a certain country or place, he/she may have committed _________________. *** Nation of origin employment discrimination In a disparate treatment case, it is an employer's belief about someone's nation of origin - ________________________ - which is the focus of whether or not discrimination has occurred. *** Manifested by adverse action Nation of origin discrimination applies not only to a country but to a group of people who share a common: *Language *Culture *Ancestry *All of the above *** All of the above TRUE or FALSE: Employers are required to accommodate religious diversity, but have no corresponding duty under Title VII to accommodate cultural or nation of origin work conflicts. *** TRUE As with other protected classes, ___________ prohibits harassment related to nation of origin. *** Title VII Conduct that includes offensive comments about a person's birthplace, ethnicity, culture, or accent, as well as ethnic slurs or workplace graffiti, is an example of: *** Nation of origin harassment Which of the following is not examined when determining a case of nation of origin harassment? *How often the conduct occurred *If the claimant seemed bothered by the conduct at the time *Whether the behavior was threatening or intimidating *What circumstances surrounded the complained-of actions *** If the claimant seemed bothered by the conduct at the time If an employer takes no action to check co-workers who constantly refer to a Samoan-American using ethnic slurs, instead of her real name, and even go so far as to embarrass her in front of customers, what might result? *** It may create a hostile work environment for the employee Occasionally calling someone lazy, making fun of an accent, or accusing someone of stealing "American jobs": *** May not be enough to qualify as harassment; however, that behavior can be harassment if it becomes unrelenting The majority of Americans speak: *** Only English Language is very closely related to employee or job applicant national origin affinity and, therefore, employers must pay special attention to avoid ________ discrimination and establishing unnecessarily strict English fluency or English-only rules in the workplace. *** Accent The amount of complaints the EEOC receives from persons claiming employment discrimination based on so-called "English-only" rules is: *** Increasing Which of the following is NOT considered a business necessity for applying an English-only rule? *A majority employee vote for the rule to be instated *To communicate effectively with co-workers *To address safety requirements *To protect employees in emergency situations *** A majority employee vote for the rule to be instated In cases where a second language is a bona fide occupational qualification, an employer does not violate Title VII by assigning specific employees to: *** Work with customers of a certain language group If a construction company hires lawful non-citizen Mexican nationals for laborer positions, but requires U.S. citizenship for managerial posts, then: *** The firm will have violated Title VII The unequal treatment of resident aliens versus U.S. citizens is: *** Unlawful Requesting specific documents from aliens to establish work eligibility, but allowing U.S. citizens to choose which documents will support the right to work is: *** Discriminatory Most federal civil service positions require ____________ for public policy reasons. *** U.S. citizenship The Supreme Court established the _____________ doctrine, which holds that Title VII is not violated when citizenship is a requirement for non-elected governmental positions when those positions require formulation, execution, or review of public policy issues. *** Political function If an illegal immigrant is working in the United States, then: *** Federal law prohibits employers from discriminating against him/her The ___________ and its protections against overwork and illegally-low compensation apply to all undocumented workers. *** Fair Labor Standards Act What is the estimated number of illegal immigrants in the United States? *** Greater than 10 million An employer who knowingly hires illegal workers cannot use the defense of their illegal status as a basis for _________________ employment actions. *** Adverse discriminatory TRUE or FALSE: While an employer may not discriminate against undocumented workers in the conditions of employment, a worker's illegal status is a legitimate reason to terminate employment. *** TRUE John F. Kennedy made the proposition to Congress that race had no place in: *** American life or law What did the University of Chicago and MIT find about people with names that are generally found in Black communities? *** They were less likely to be invited for a job interview Which of the following is NOT included in the EEOC's definition of race? *Ancestry - racial or ethnic background *Physical characteristics - a person's color, hair, facial features, height, and weight *Race-associated illnesses - diabetes, obesity, and sickle-cell anemia affect some races more than others *Intelligence - known intellectual strengths of different races *** Intelligence - known intellectual strengths of different races TRUE or FALSE: Under Title VII, an employer may favor Blacks from the U.S. over Blacks from Africa or vice versa. *** FALSE The factors examined to determine disparate treatment in a color and race discrimination case include all of the following except: *** Explained deviations from policy In the race and color context, virtually all race-based conduct may be eventually considered unwelcome even if the claimant is: *** Participating in joking and banter Which of the following is not part of the EEOC's investigation for a discrimination claim? *** The impact on the organization's performance What two groups represent the largest number of immigrants living in the United States? *** Asian and Latino Which of the following is NOT a guideline for determining nation of origin employment discrimination? *An adverse employment decision against an individual because the person or his/her ancestor is from a certain country or place *An adverse employment decision against an individual because the person or his/her ancestor belongs to, or identifies with, a national, cultural, or ethnic group *An adverse employment decision against an individual because the person or his/her ancestor associates with a person from a national, cultural, or ethnic group *An adverse employment decision against an individual because the person or his/her ancestor had a negative interaction with the employer in the past *** An adverse employment decision against an individual because the person or his/her ancestor had a negative interaction with the employer in the past Nation of origin employment discrimination is often linked to ________ and ____________ discrimination because those factors are closely associated with a specific country or ethnic group and often the same set of facts support the varied claims. *** Race : religion If an employer takes an action based on the discriminatory practices of clients or customers ____________: *** The employer is also discriminating Certain nationals may be discriminated against in employment in situations of: *** National security, under federal statute or Executive Order Which of the following is an example of nation of origin harassment? *** Ethnic slurs in the workplace TRUE or FALSE: Like racist comments, all rude or offensive behavior directed at an individual because of nation of origin characteristics is harassment. *** FALSE Which is NOT a legitimate business reason for basing employment decisions on English language skills? *English is the national language *Most of the world does business in English *English is a universal language *The majority of citizens speak multiple languages *** The majority of citizens speak multiple languages Language is very closely related to employee or job applicant national origin affinity and, therefore, employers must pay special attention to avoid: *accent discrimination *establishing unnecessarily strict English fluency rules *English-only rules in the workplace *All of the above *** All of the above Title VII allows for English-only rules under certain circumstances where there is: *** No discriminatory purpose or effect A telemarketing firm is forced to terminate an employee because no one can understand him on the phone. Which of the following is true? *** The employer has not violated Title VII If an English-only rule is adopted, an employer should ensure, by reasonable means, that non-English speaking employees are apprised of the rule: *** In their native language The Immigration Reform and Control Act prohibits employment discrimination on the basis of citizenship in firms with: *** Four or more employees Part of the increase in disability discrimination complaints to the EEOC is caused by: *** The slowness of employers to modify negative stereotypical thinking about disabled employees TRUE or FALSE: Disabled persons have a higher employment rate than non-disabled persons. *** FALSE According to the U.S. Census Bureau, the largest claim for disability comes from: *** Difficulty walking or climbing stairs Across the United States there has been a(n) _________ in workplace disability discrimination claims. *** Increase What is the name of the movement which has worked to take disabled persons out of isolation and institutions and place them squarely in the mainstream community of school and employment? *** Independent living movement TRUE or FALSE: The Rehabilitation Act of 1973 expanded previous federal responsibilities for research and training programs with respect to disabled persons. *** TRUE The Rehabilitation act of 1973 defines an "individual with a disability" as: *A person who has a physical impairment *A person with a mental impairment which substantially limits one or more of his or her major life activities *A disabled person with a record of such impairment and/or perceived as having such an impairment. *All of the Above *** All of the Above TRUE or FALSE: Only federal contractors doing over $50,000 in business have to take affirmative action to hire qualified disabled persons. *** FALSE - $10,000 The Rehabilitation Act requires all employers to make reasonable accommodations for employees unless the accommodation would cause: *** Undue hardship In School Board of Nassau v. Arline, a school board fired a school teacher who had recently recovered from a documented third bout of tuberculosis for fear that the disease would return and pose a risk to school children. Which of the following statements is true? *** The courts held that the teacher was protected under The Rehabilitation Act of 1973 because allowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of the Act Under the Americans with Disabilities Act, it is illegal for a company with ____ or more employees to discriminate in employment against qualified persons with disabilities. *** 15 The effect of the Americans with Disabilities Act was to standardize and nationalize employment protections for the qualified disabled employee in the _________ sector. *** Both public and private The ADA required employers to take affirmative steps to provide ________ for qualified disabled workers, absent undue hardship. *** Reasonable accommodations Which of the following is not considered a "major life activity" by the EEOC and the Supreme Court's definition? *** Sitting TRUE or FALSE: If the disabled person's condition constitutes a direct threat to the safety of others at work, he or she is considered not qualified for the job. *** TRUE What factors drove Congress to pass the ADA Amendments Act? *** Response to several United States Supreme Court cases that narrowly construed the definition of disability Which of the following was not added to the EEOC's definition of impairment? Any physiological disorder or condition affecting one or more of the following systems: *** Cosmetic The ADAAA requires that the determination of whether an employee has a disability be ___________ and _____________. *** Particularly simple and straightforward : not require extensive analysis How many life activities must an impairment limit to be considered a disability? *** At least one Disabilities that are covered by the ADAAA are: *** Permanent or temporary TRUE or FALSE: An employer may discriminate in employment on qualifications. *** TRUE Determining what constitutes the ________, and not _______, functions of the job is an important task for an employer to undertake for both practical and risk management considerations. *** Essential : marginal What is the ADA's definition of an essential function? *** The fundamental duties of the employment position the individual with a disability holds or desires The calculation of whether a task is essential to a job is relative to: *** The firm and the job From a risk management point of view, an employer should be able to defend an interpretation of: *** Essential job functions Contrary to some misconceptions, reasonable accommodation under the ADA does not require: *** an employer to lower job standards Which group has the duty to seek accommodations if needed? *** The employee The law prohibits the employer from making ________ decisions a