LES 305 FINAL Exam Material questions
with complete solutions
Antidiscrimination statutes bar employers from terminating employees based on _______. - correct
answer ✔✔discriminatory motives
_____ is the first step for a party claiming unlawful employment discrimination. - correct answer
✔✔Filing a complaint with the EEOC
As an administrative agency, the EEOC may use its investigative authority to: _______ - correct answer
✔✔witness statements, obtain documents
The primary federal antidiscrimination statutes are: _____ - correct answer ✔✔ADEA, Title VII, ADA
______ of the Civil Rights Act of 1964 and its amendments make up the centerpiece of
antidiscrimination statutes. - correct answer ✔✔Title VII
Employment discrimination encompassing a broad spectrum of workplace-related discrimination that
includes: _____ - correct answer ✔✔disciplinary actions, the hiring process, promotions
Under Title VII, statutory protection is extended only to those who have been discriminated against
based on ______ - correct answer ✔✔membership in a protected class
The _______ is the administrative agency charged with carrying out federal workplace antidiscrimination
laws. - correct answer ✔✔EEOC
Proponents of recognizing sexual orientation as a protected class argue that it amounts to discrimination
based on _______ which is illegal under federal discrimination statutes. - correct answer ✔✔sex
,The first step in asserting a discrimination claim is _______ at the local office of the EEOC. - correct
answer ✔✔filing a discrimination claim
The three most common theories of discrimination are: _______ - correct answer ✔✔disparate
treatment, disparate impact, mixed motives
Federal antidiscrimination statutes are categorized into two classes, those that _____ - correct answer
✔✔require persons receive special treatment; require persons receive equal treatment
Title VII includes "_______" as a(n) _______ class and federal law extends protection to employees who
are being sexually harassed. - correct answer ✔✔sex, protected
Title VII prohibits discrimination in the workplace on the basis of an employee's: ____ - correct answer
✔✔race, color, religion
Under the _______ theory of sexual harassment, a violation of Title VII occurs when the conduct of the
harasser is of so pervasive in the workplace that it interferes with the victim's ability to perform her job
responsibilities. - correct answer ✔✔hostile work environment
True or false: According to federal antidiscrimination laws not all discrimination is illegal. - correct answer
✔✔True
In the _______ case, the court made clear that since Title VII was gender-neutral, it recognized sexual
harassment as a form of discrimination - regardless of the gender of the victim or the harasser. - correct
answer ✔✔Oncale v. Sundowner Offshore Services
One area of federal antidiscrimination law that has recently developed rapidly is whether _______ may
be a protected class under Title VII. - correct answer ✔✔sexual orientation
In 1998, the U.S. Supreme Court decided the _______ and the _______ cases that extended vicarious
liability to employers for sexual harassment under certain circumstances. - correct answer ✔✔Faragher,
Ellerth
, If sexual harassment is perpetrated by a supervisor the employer is _______ for any sexual harassment
claim, if the harassment culminates in a tangible employment action such as termination. - correct
answer ✔✔strictly liable
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual
nature are considered violations of Title VII if the conduct is ______ or _______ - correct answer
✔✔creates an offensive work environment; the basis for any employment decisions
Title VII provides aggrieved employees with a broad range of remedies including: ___ - correct answer
✔✔injunction, backpay, reinstatement
In the "_______" theory of sexual harassment, the harasser demands sexual favors as a condition of
continued employment or as a prerequisite for a promotion or pay raise. - correct answer ✔✔quid pro
quo
Under the ADEA employers are prohibited from discriminating against employees on the basis of their
age ____ - correct answer ✔✔if the employee is over 40 years old
The plaintiff in an ADEA case must prove that the younger employees are substantially younger which
means at least _____ years younger to qualify. - correct answer ✔✔10
The Faragher and Ellerth cases held that an employer could be held _______ for sexual harassment by
a(n) _______ co-worker if the employee can prove the employer was negligent in responding to a sexual
harassment complaint made to a supervisor. - correct answer ✔✔vicariously liable, nonsupervisory
If sexual harassment does not result in a(n) _______ employment action (e.g., demotion), employers
may avoid liability via the _______ defense by proving that a preventative was in place but the employee
failed to take advantage of it. - correct answer ✔✔tangible, Faragher/Ellerth
The _______ seeks to eliminate discriminatory employment practices against _______ persons that
would prevent otherwise qualified employees from obtaining or continuing employment, being
promoted, or obtaining benefits available to non-disabled employees. - correct answer ✔✔ADA,
disabled
with complete solutions
Antidiscrimination statutes bar employers from terminating employees based on _______. - correct
answer ✔✔discriminatory motives
_____ is the first step for a party claiming unlawful employment discrimination. - correct answer
✔✔Filing a complaint with the EEOC
As an administrative agency, the EEOC may use its investigative authority to: _______ - correct answer
✔✔witness statements, obtain documents
The primary federal antidiscrimination statutes are: _____ - correct answer ✔✔ADEA, Title VII, ADA
______ of the Civil Rights Act of 1964 and its amendments make up the centerpiece of
antidiscrimination statutes. - correct answer ✔✔Title VII
Employment discrimination encompassing a broad spectrum of workplace-related discrimination that
includes: _____ - correct answer ✔✔disciplinary actions, the hiring process, promotions
Under Title VII, statutory protection is extended only to those who have been discriminated against
based on ______ - correct answer ✔✔membership in a protected class
The _______ is the administrative agency charged with carrying out federal workplace antidiscrimination
laws. - correct answer ✔✔EEOC
Proponents of recognizing sexual orientation as a protected class argue that it amounts to discrimination
based on _______ which is illegal under federal discrimination statutes. - correct answer ✔✔sex
,The first step in asserting a discrimination claim is _______ at the local office of the EEOC. - correct
answer ✔✔filing a discrimination claim
The three most common theories of discrimination are: _______ - correct answer ✔✔disparate
treatment, disparate impact, mixed motives
Federal antidiscrimination statutes are categorized into two classes, those that _____ - correct answer
✔✔require persons receive special treatment; require persons receive equal treatment
Title VII includes "_______" as a(n) _______ class and federal law extends protection to employees who
are being sexually harassed. - correct answer ✔✔sex, protected
Title VII prohibits discrimination in the workplace on the basis of an employee's: ____ - correct answer
✔✔race, color, religion
Under the _______ theory of sexual harassment, a violation of Title VII occurs when the conduct of the
harasser is of so pervasive in the workplace that it interferes with the victim's ability to perform her job
responsibilities. - correct answer ✔✔hostile work environment
True or false: According to federal antidiscrimination laws not all discrimination is illegal. - correct answer
✔✔True
In the _______ case, the court made clear that since Title VII was gender-neutral, it recognized sexual
harassment as a form of discrimination - regardless of the gender of the victim or the harasser. - correct
answer ✔✔Oncale v. Sundowner Offshore Services
One area of federal antidiscrimination law that has recently developed rapidly is whether _______ may
be a protected class under Title VII. - correct answer ✔✔sexual orientation
In 1998, the U.S. Supreme Court decided the _______ and the _______ cases that extended vicarious
liability to employers for sexual harassment under certain circumstances. - correct answer ✔✔Faragher,
Ellerth
, If sexual harassment is perpetrated by a supervisor the employer is _______ for any sexual harassment
claim, if the harassment culminates in a tangible employment action such as termination. - correct
answer ✔✔strictly liable
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual
nature are considered violations of Title VII if the conduct is ______ or _______ - correct answer
✔✔creates an offensive work environment; the basis for any employment decisions
Title VII provides aggrieved employees with a broad range of remedies including: ___ - correct answer
✔✔injunction, backpay, reinstatement
In the "_______" theory of sexual harassment, the harasser demands sexual favors as a condition of
continued employment or as a prerequisite for a promotion or pay raise. - correct answer ✔✔quid pro
quo
Under the ADEA employers are prohibited from discriminating against employees on the basis of their
age ____ - correct answer ✔✔if the employee is over 40 years old
The plaintiff in an ADEA case must prove that the younger employees are substantially younger which
means at least _____ years younger to qualify. - correct answer ✔✔10
The Faragher and Ellerth cases held that an employer could be held _______ for sexual harassment by
a(n) _______ co-worker if the employee can prove the employer was negligent in responding to a sexual
harassment complaint made to a supervisor. - correct answer ✔✔vicariously liable, nonsupervisory
If sexual harassment does not result in a(n) _______ employment action (e.g., demotion), employers
may avoid liability via the _______ defense by proving that a preventative was in place but the employee
failed to take advantage of it. - correct answer ✔✔tangible, Faragher/Ellerth
The _______ seeks to eliminate discriminatory employment practices against _______ persons that
would prevent otherwise qualified employees from obtaining or continuing employment, being
promoted, or obtaining benefits available to non-disabled employees. - correct answer ✔✔ADA,
disabled
