Question 1

Title VII of the Civil Rights Act applies to employers who have ______ or more employees for ______ consecutive weeks within one year and who are engaged in a business that affects commerce.

Accepted Answer

A)   15; 20
B)   50; 20
C)   15; 30
D)   20; 50
E)   20; 52F) C) and D)
G) A) and E)

Question 2

"ADA Blues." Prudence, the Human Resources Manager, at ABC Corporation was encountering a rush of requests under the Americans with Disabilities Act. Samantha, a receptionist, was having a birthday and turning 40. She told Prudence that while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Samantha said that while she was able to engage in her normal activities, her energy level was down. Prudence promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Trevor, asked for a private office. Trevor had been significantly burned. Prudence asked him why he needed a private office. Trevor replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received interfered with his everyday life and work activities. Prudence denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, George, who had undergone knee surgery, asked that Prudence put in another elevator near his work station. Prudence explained that his office could be moved nearer to the existing elevator, but George told her that under the Americans with Disabilities Act, she did not have the right to dictate to him when his doctor said that he should not be climbing stairs. Nevertheless, Prudence denied his request for a second elevator noting that no other employees needed a second elevator. Samantha, Trevor, and George got together and decided to go directly to federal court and sue under the Americans with Disabilities Act to challenge Prudence's decisions.
-Which of the following is true regarding any duty of Prudence to provide Trevor with a private office?

Accepted Answer

A)   She would not have to provide him with a private office because he is not covered by the Americans with Disabilities Act.
B)   She would not have to provide him with a private office because the only accommodation mandated for those with his condition is time off for counseling.
C)   She would not have to provide him with a private office because the act only contemplates accommodation through the placement of additional equipment to assist those with disabilities.
D)   She would absolutely have to provide him with a private office.
E)   She would likely be required to provide him with a private office unless it can be established that the accommodation requested is not reasonable and would place an undue burden on the company.F) B) and E)
G) B) and C)

Question 3

"ADA Blues." Prudence, the Human Resources Manager, at ABC Corporation was encountering a rush of requests under the Americans with Disabilities Act. Samantha, a receptionist, was having a birthday and turning 40. She told Prudence that while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Samantha said that while she was able to engage in her normal activities, her energy level was down. Prudence promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Trevor, asked for a private office. Trevor had been significantly burned. Prudence asked him why he needed a private office. Trevor replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received interfered with his everyday life and work activities. Prudence denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, George, who had undergone knee surgery, asked that Prudence put in another elevator near his work station. Prudence explained that his office could be moved nearer to the existing elevator, but George told her that under the Americans with Disabilities Act, she did not have the right to dictate to him when his doctor said that he should not be climbing stairs. Nevertheless, Prudence denied his request for a second elevator noting that no other employees needed a second elevator. Samantha, Trevor, and George got together and decided to go directly to federal court and sue under the Americans with Disabilities Act to challenge Prudence's decisions.
-Which of the following is true regarding Samantha's claim under the Americans with Disabilities Act?

Accepted Answer

A)   She will lose because mental disabilities are not covered under the act.
B)   She will likely win because mental disabilities are covered under the act, and she had the right to ask for anything that would help her.
C)   She will likely lose because she has no proof of a mental impairment that substantially limits one or more of her major life activities.
D)   She will lose unless she can establish that she has a personality disorder because that is the only type of mental disability covered by the act.
E)   She will lose unless at least until she can establish that she has been in counseling for at least six months because that is required in order to establish a mental disability under the act.F) A) and B)
G) B) and C)

Question 4

The concept of at-will employment excludes the concept that an employee may quit at any time.

Accepted Answer

A) True 
 B)False

Question 5

"ADA Blues." Prudence, the Human Resources Manager, at ABC Corporation was encountering a rush of requests under the Americans with Disabilities Act. Samantha, a receptionist, was having a birthday and turning 40. She told Prudence that while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Samantha said that while she was able to engage in her normal activities, her energy level was down. Prudence promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Trevor, asked for a private office. Trevor had been significantly burned. Prudence asked him why he needed a private office. Trevor replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received interfered with his everyday life and work activities. Prudence denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, George, who had undergone knee surgery, asked that Prudence put in another elevator near his work station. Prudence explained that his office could be moved nearer to the existing elevator, but George told her that under the Americans with Disabilities Act, she did not have the right to dictate to him when his doctor said that he should not be climbing stairs. Nevertheless, Prudence denied his request for a second elevator noting that no other employees needed a second elevator. Samantha, Trevor, and George got together and decided to go directly to federal court and sue under the Americans with Disabilities Act to challenge Prudence's decisions.
-Which of the following is true regarding whether Trevor is covered under the act?

Accepted Answer

A)   He is not covered under the act because, by his own admission, he has no actual physical disability.
B)   He will only be covered under the act if he can establish that he has a documented mental disability due to the belief of others that he is handicapped.
C)   He would likely be covered under the act because he is regarded as having an impairment so long as he can establish that he is substantially limited in performing a major life activity.
D)   He would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability.
E)   He would not be covered under the act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the act pertaining to perceptions of disability.F) None of the above
G) A) and B)

Question 6

In the area of employee testing, which of the following shows a statistical relationship between test scores and objective criteria of job performance?

Accepted Answer

A)   Content validity
B)   Criterion-related validity
C)   Construct validity
D)   Object validity
E)   Performance validityF) A) and D)
G) C) and D)

Question 7

Which of the following is true regarding discrimination based on sexual orientation?

Accepted Answer

A)   There is a federal law specifically prohibiting discrimination based on sexual orientation providing back pay, attorney fees, and punitive damages as available remedies.
B)   There is no federal law specifically prohibiting discrimination based on sexual orientation, but it is considered by most courts to be included within Title VII's ban of discrimination based on gender.
C)   There is a federal law specifically prohibiting discrimination based on sexual orientation, but it only provides for back pay as an available remedy.
D)   There are no state laws specifically prohibiting discrimination based on sexual orientation nor is there any federal law providing such protection.
E)   While there is no federal law specifically prohibiting discrimination based on sexual orientation, some states do have laws prohibiting discrimination based on sexual orientation.F) None of the above
G) B) and D)

Question 8

What is the first step a plaintiff would establish in order to prove disparate-treatment employment discrimination under Title VII?

Accepted Answer

A)   The plaintiff would demonstrate a prima facie case of discrimination.
B)   The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext.
C)   The plaintiff would prove beyond a reasonable doubt that discrimination occurred.
D)   The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused.
E)   The plaintiff would complain to the Equal Employment Opportunity Commission.F) All of the above
G) C) and D)

Question 9

The Age Discrimination in Employment Act applies to private employers having ______ or more employees.

Accepted Answer

A)   50
B)   40
C)   30
D)   20
E)   15F) C) and D)
G) All of the above

Question 10

Which of the following is false regarding the Americans with Disabilities Act?

Accepted Answer

A)   A person is covered under the law if he or she is regarded as having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
B)   A person is covered under the law if he or she has a record of having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
C)   Claims based on emotional or psychiatric impairments are not allowed.
D)   Typical accommodations for those with mental disabilities include providing a private office, flexible work schedule, restructured job, or time off for treatment.
E)   An employer who has repeatedly violated the act may be subject to fines of up to $100,000.F) D) and E)
G) C) and E)

Question 11

The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is the term for the concept that an employee may be fired for no reason at all?

Accepted Answer

A)   Fire-at-will
B)   At-will employment
C)   No-reason-firing
D)   Without-reason-firing
E)   Unsupported dischargeF) D) and E)
G) A) and E)

Question 13

In states that do not have state EEOCs, the aggrieved party must file the charge with the federal EEOC within ______ days of the alleged discriminatory act.

Accepted Answer

A)   30
B)   60
C)   90
D)   180
E)   365F) None of the above
G) A) and B)

Question 14

"Surprise Arrival." Gracie was surprised and pleased to find that she was pregnant. She worked as a waitress at Good Food and was aware that Groucho, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off work for three months when she ran her personal watercraft into a dock and broke her leg. Gracie, therefore, happily told Groucho about her pregnancy. He very angrily told her that, as set forth in the employee handbook, pregnancy was completely voluntary; that she was not entitled to a dime when she was off work; and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. According to Groucho, being slender was a bona fide occupational qualification for females as well as males. He said that he serves families, and he does not want the kids asking embarrassing questions of their parents regarding Gracie's condition. Gracie was very angry and threatened to sue. Groucho told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII.
-Which of the following is true regarding Groucho's comment that pregnancy-based discrimination is not covered by Title VII?

Accepted Answer

A)   He is correct, and pregnancy-based discrimination is not prohibited by federal law.
B)   He is correct, and pregnancy-based discrimination is not prohibited by Title VII; but it is prohibited by Title IV.
C)   Whether he is correct depends on the number of employees he has. Title VII was amended in 1989 to include pregnancy within its protection, but only for employers with over 50 employees.
D)   He is incorrect because Title VII was amended in 1987 to include pregnancy within its protection.
E)   He is incorrect because Title VII was amended in 1997 to include pregnancy within its protection for all employees other than professional level employees.F) C) and D)
G) A) and B)

Question 15

Currently only one state prohibits discrimination on the basis of sexual orientation.

Accepted Answer

A) True 
 B)False

Question 16

Under which of the following, if any, may an individual after age 65 be subject to termination under the Age Discrimination in Employment Act if the individual has been employed as a bona fide executive for at least two years immediately before retirement, and on retirement he or she is entitled to nonforfeitable annual retirement benefits of at least $44,000?

Accepted Answer

A)   The retirement exemption
B)   The executive exemption
C)   The forfeiture exemption
D)   The guaranteed income stream exemption
E)   There is no such exemptionF) B) and E)
G) All of the above

Question 17

The definition of disabled individuals under the Americans with Disabilities Act includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following are sometimes called "unintentional-discrimination" cases?

Accepted Answer

A)   Disparate-treatment cases
B)   Disparate-impact cases
C)   Sexual harassment cases
D)   All of these
E)   Disparate-treatment cases and disparate-impact cases, but not sexual harassment cases.F) A) and B)
G) B) and D)

Question 19

"Styling Shenanigans." Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there who was one of her employees. He paid her no attention. Finally, Candy told him that if he wanted to keep his job and get the new professional blow dryer he requested, he needed to take her on a date and give her a kiss. Bruce reluctantly did so. After the date, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert, another of her employees, was cute; and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that Candy's attention never personally bothered him, but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim, that such substantiation is necessary, and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. He says that while he found Candy entertaining, he should be able to recover if Bruce recovers.
-Which of the following is true regarding Robert's claim of sexual harassment?

Accepted Answer

A)   He will recover if Bruce is able to recover because their claims will be reviewed as a group.
B)   He will not be able to prevail because Candy did not require that he take any action toward her in order to receive a work-related benefit or avoid a work-related detriment.
C)   A recovery by Bruce does not establish that Robert should recover because Robert would need to show that he subjectively found Candy's conduct personally offensive.
D)   Candy's actions would be reviewed only on an objective basis, and what Robert subjectively thought is irrelevant.
E)   Robert will be able to recover only if he can establish that he did not benefit through favors at work based upon Candy's actions.F) B) and D)
G) A) and C)

Question 20

When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

Accepted Answer

A)   At any time after the charge is filed.
B)   At any time after 180 days have elapsed since the filing of the charge.
C)   At any time after 90 days have elapsed since the filing of the charge.
D)   At any time after 60 days have elapsed since the filing of the charge.
E)   The plaintiff does not have the right to request a right-to-sue letter from the EEOC.F) All of the above
G) B) and C)

Exam 43: Employment Discrimination

Which of the following is true regarding discrimination based on sexual orientation?

Correct Answer
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Currently only one state prohibits discrimination on the basis of sexual orientation.

Correct Answer
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When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

Correct Answer
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Correct Answer
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What is the first step a plaintiff would establish in order to prove disparate-treatment employment discrimination under Title VII?

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Which of the following is false regarding the Americans with Disabilities Act?

Correct Answer
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The definition of disabled individuals under the Americans with Disabilities Act includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Correct Answer
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The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.

Correct Answer
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In the area of employee testing, which of the following shows a statistical relationship between test scores and objective criteria of job performance?

Correct Answer
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Correct Answer
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Correct Answer
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Title VII of the Civil Rights Act applies to employers who have or more employees for consecutive weeks within one year and who are engaged in a business that affects commerce.

Correct Answer
verified

The Age Discrimination in Employment Act applies to private employers having ______ or more employees.

Correct Answer
verified

In states that do not have state EEOCs, the aggrieved party must file the charge with the federal EEOC within ______ days of the alleged discriminatory act.

Correct Answer
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Which of the following are sometimes called "unintentional-discrimination" cases?

Correct Answer
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Which of the following is the term for the concept that an employee may be fired for no reason at all?

Correct Answer
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The concept of at-will employment excludes the concept that an employee may quit at any time.

Correct Answer
verified

Exam 43: Employment Discrimination

Which of the following is true regarding discrimination based on sexual orientation?

Correct AnswerverifiedShow Answer

Currently only one state prohibits discrimination on the basis of sexual orientation.

Correct AnswerverifiedShow Answer

When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

What is the first step a plaintiff would establish in order to prove disparate-treatment employment discrimination under Title VII?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is false regarding the Americans with Disabilities Act?

Correct AnswerverifiedShow Answer

The definition of disabled individuals under the Americans with Disabilities Act includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

Correct AnswerverifiedShow Answer

The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.

Correct AnswerverifiedShow Answer

In the area of employee testing, which of the following shows a statistical relationship between test scores and objective criteria of job performance?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Title VII of the Civil Rights Act applies to employers who have ______ or more employees for ______ consecutive weeks within one year and who are engaged in a business that affects commerce.

Correct AnswerverifiedShow Answer

The Age Discrimination in Employment Act applies to private employers having ______ or more employees.

Correct AnswerverifiedShow Answer

In states that do not have state EEOCs, the aggrieved party must file the charge with the federal EEOC within ______ days of the alleged discriminatory act.

Correct AnswerverifiedShow Answer

Which of the following are sometimes called "unintentional-discrimination" cases?

Correct AnswerverifiedShow Answer

Which of the following is the term for the concept that an employee may be fired for no reason at all?

Correct AnswerverifiedShow Answer

The concept of at-will employment excludes the concept that an employee may quit at any time.

Correct AnswerverifiedShow Answer

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Title VII of the Civil Rights Act applies to employers who have or more employees for consecutive weeks within one year and who are engaged in a business that affects commerce.

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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