National American University

BUSINESS L 3100

Chapter 40-EQUAL EMPLOYMENT OPPORTUNITY LAW

TRUE/FALSE

1)Equal employment opportunity laws provide protection for minorities and women, but the disabled are not within the protection of the laws.

2. Title VII of the Civil Rights Act of 1964, as amended, is the principal law regulating equal employment opportunities.

3. Title VII applies to the hiring process and to discipline, discharge, promotion, and benefits.

4. The two principal legal theories under which a plaintiff may prove a case of unlawful employment discrimination are disparate treatment and disparate impact.

5. Proof of an employer's discriminatory motive is immaterial in a disparate treatment case.

6. A disparate impact exists when an employer's facially neutral employment practices have a significantly adverse impact on a protected group and the practice is not shown to be job-related and necessary.

7. In a disparate impact case, proof that the employer did not intend to discriminate is a complete defense.

8. The Equal Employment Opportunity Commission (EEOC) establishes equal employment opportunity policy under the laws that it administers.

9. If a state or local Equal Employment Opportunity agency (EEO) exists, a party charging discrimination must first file a complaint with that agency before filing a charge with the EEOC.

10. Generally, the EEOC attempts to remedy an unlawful practice through conciliation.

11. To successfully pursue a Title VII lawsuit, the plaintiff generally must belong to a protected class.

12. Under Title VII, whites are not protected against discrimination because of race and color.

13. Title VII requires that employers make reasonable efforts to accommodate their employees' religious beliefs.

14. Religious societies may not grant hiring preferences to members of their religion.

15. Criteria used to make employment decisions that have a disparate impact on women, such as height requirements, must be job-related.

16. Women who are unable to work as a result of pregnancy, childbirth, or related medical conditions must be provided the same benefits as all other workers. Such benefits include temporary disability insurance, long-term disability insurance, and sick leave.

17. An employer cannot be held liable for the sexual harassment of an employee by a supervisor.

18. Employers may avoid liability for "hostile work environment" sexual harassment by following a program that includes expressing strong disapproval of such conduct, advising employees how to inform the employer of complaints, and disciplining wrongdoers.

19. According to the EEOC, claims for retaliation may only be filed under Title VII.

20. Title VII does not protect members of all nationalities from employment discrimination.

21. Unless justified by business necessity, physical standards such as height requirements that tend to exclude people of certain national origins violate Title VII.

22. It is not unlawful for an employer to hire employees on the basis of religion, sex, or national origin in those instances where religion, sex, or national origin is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of a particular enterprise.

23. Employment testing and educational requirements must be “job-related”; that is, employers must prove that employment testing and educational requirements bear a relationship to job performance.

24. "Race norming," a process whereby the results of hiring and promotion tests are adjusted to ensure that a minimum number of minorities are included in application pools, is a lawful form of affirmative action.

25. It is unlawful for employers to undertake special recruiting efforts to hire and train minorities and women in an effort to have a diverse workforce.

26. Pay raises based on seniority generally are considered lawful.

27. To be lawful, affirmative action must be time-limited .

28. The Equal Pay Act prohibits variation in wage rates paid to men and women based solely on gender.

29. The Age Discrimination in Employment Act forbids discrimination by employers against persons over 30 years of age.

30. The Americans With Disabilities Act prohibits employers from discriminating against disabled individuals, but does not require that any accommodations be made for such individuals.

MULTIPLE CHOICE

1. What is the principal law regulating equal employment opportunity in the United States?
   1. Title VII of the Civil Rights Act of 1964
   2. The United States Constitution
   3. The Fair Labor Standards Act
   4. The Equal Pay Act

2. Title VII of the Civil Rights Act of 1964 applies to:
   1. the hiring process.
   2. discipline.
   3. discharge
   4. all of the above.

3. When an employer intentionally treats some employees less favorably than others, the legal theory that applies is:
   1. disparate impact.
   2. affirmative action.
   3. reverse discrimination.
   4. disparate treatment.

4. Disparate impact exists when facially neutral employment practices:
   1. adversely impact a protected group.
   2. intentionally discriminate against a protected group.
   3. favorably impact a protected group.
   4. are shown to be job-relate

5. What is an employer defense to a disparate impact charge?
   1. The employer did not intend to discriminate.
   2. The employment practice is job-related and consistent with business practice.
   3. The disparate impact was not the result of extreme recklessness or gross negligence on the part of the employer.
   4. The practice is widespread and accepted in the industry.

6. The first action generally attempted by the EEOC is:
   1. litigation.
   2. conciliation.
   3. mediation.
   4. arbitration.

7. Title VII protects members of which racial grouping(s)?
   1. black only
   2. black, Native American, and Asian-Pacific
   3. white only
   4. all racial groupings

8. When an employee alleges religious discrimination because of an employee-observed religious practice:
   1. the employer must bypass seniority rules to accommodate the employee.
   2. the employee must honor all bona fide religious practices.
   3. the employer must make reasonable efforts to accommodate religious beliefs.
   4. the employer must call in a substitute worker at additional cost.

9. The Pregnancy Discrimination Act does not:
   1. require employers to treat pregnancy as other disabilities are treated.
   2. require women disabled by pregnancy to be provided with the same benefits as other disabled workers.
   3. require an employer to provide paid sick leave benefits to pregnant women if it does not provide them to other disabled workers.
   4. prevent termination because of pregnancy

10. When supervisors seek sexual favors in return for job benefits, the practice is called:
    1. tangible employment action sexual harassment.
    2. hostile work environment sexual harassment.
    3. res ipsa loquitur sexual harassment.
    4. none of the above.

11. Hostile work environment sexual harassment:
    1. cannot be created by unwelcome sexual flirtation and propositions.
    2. cannot result in an injunction being granted against offensive conduct.
    3. occurs when a supervisor’s conduct does not affect an employee’s economic benefits, but causes anxiety and “poisons” the work environment for the employee.
    4. can result in the court ordering the business to be sold, upon proper notice, at a publicly- held auction.

12. Which of the following scenarios would not qualify as a bona fide occupational qualification exception to Title VII?
    1. a religious school hiring only members of that religion to teach religion
    2. a women's store that sells wedding gowns hiring only women to measure and fit customers
    3. an airline hiring only female flight attendants
    4. all of the above scenarios would qualify as a bona fide occupational qualification exception to Title VII.

13. Testing of prospective employees:
    1. cannot have been developed by one employer and applied by another.
    2. can be adjusted to favor members of a particular race.
    3. must bear a relationship to job performance.
    4. all of the above.

14. A seniority system is unlawful if:
    1. workers with longer years of service are laid off last.
    2. a union did not agree to the policy.
    3. it results from an intention to discriminate.
    4. workers with longer years of service are predominantly from one race.

15. An affirmative action plan:
    1. helps ensure a diverse work force.
    2. is an effective means to avoid litigation costs.
    3. may provide job preferences for minorities and women.
    4. all of the above.

16. An affirmative action plan that "unnecessarily trammels" the interests of nonminority employees:
    1. is an example of reverse discrimination.
    2. is lawful if women are the favored group.
    3. is lawful to aid in the hiring of blacks and Native Americans.
    4. is unlawful unless the favored group has been severely disadvantage

17. The Equal Pay Act:
    1. does not allow variances in wages pursuant to a seniority system.
    2. generally requires that members of both sexes be paid equally for equal work.
    3. prohibits all variations in wage rates paid to men and women.
    4. all of the above.

18. The Age Discrimination in Employment Act forbids discrimination by employers, unions, and employment agencies against persons:
    1. over 40 years of age.
    2. over 50 years of age.
    3. over 60 years of age.
    4. between the ages of 40 and 65.

19. The Americans With Disabilities Act applies to private employers when:
    1. they have federal contracts.
    2. they have demonstrated past practices of discrimination.
    3. they have fifteen (15) or more employees.
    4. they have state contracts.

20. Generally, what would not be considered a "reasonable accommodation" for persons with disabilities?
    1. making an accommodation that would constitute an "undue hardship" for the employer
    2. making existing facilities accessible to and usable by individuals with disabilities
    3. modifying work schedules
    4. restructuring jobs

CASE

1. Marble Industries hired virtually all of its employees from Union High School, which was overwhelmingly white in its racial makeup. Accordingly, there were virtually no nonwhite employees employed by Marble Industries. The work these employees performed was work that any reasonably capable high school graduate could do. When organizations representing nonwhites questioned the policy, the personnel director indicated that Union High School graduates were hired because they had worked successfully for the company and because the president of the company had graduated from that school. There was no evidence that there was any plan or intention to discriminate against nonwhites. Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.

2. Tom was a tall man who operated a successful restaurant that he owned. He believed that tall people commanded more respect in a restaurant. Accordingly, he never hired a waiter or waitress who was less than six feet tall. Because of this, he had seventeen waiters and no waitresses working at the restaurant. Lucinda, a woman less than six feet tall, applied for a job as a waitress and was not hired. Later, Lucinda learned that a man who was over six feet in height was hired to fill the position. After a few inquiries, she learned of Tom's height requirements and alleged that she was the victim of illegal discrimination. Decide.

3. Cameo Industries desired a workplace free from all forms of sexual harassment. Accordingly, Cameo developed guidelines for its workers that specifically forbade sexual harassment. The guidelines gave examples of conduct that would not be tolerated, provided penalties, designated a company official as the proper person to whom complaints should be brought, investigated complaints thoroughly, and maintained an educational policy designed to remind employees of the policy.

Maureen, a Cameo Industries employee, made a complaint of sexual harassment, charging that her supervisor had demanded sexual favors. An investigation was performed and the charge was substantiated. The supervisor was warned not to continue this conduct, but it happened again. The supervisor was again issued a warning. Finally, Maureen brought a court action against the supervisor and Cameo. Cameo defended on the ground that it had done all in its power to rectify the situation.

Decide.