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Exam 35: Employment Discrimination

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Question 1

True/False

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State employers are not immune from private suits brought by employ?ees under the Age Discrimination in Employment Act of 1967.

A) True
B) False

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Question 2

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The Civil Rights Act of 1964 does not protect against reverse discrimination.

A) True
B) False

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False

Question 3

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Protection against retaliation under the Civil Rights Act of 1964 does not extend to an employee who speaks out about discrimination on his or her own initiative.

An employer's discrimination against job applicants or employees on cer?tain grounds may violate federal law.

Gelato Cheese Company,a major processor of cheese sold throughout the United States,employs one hundred workers at its principal processing plant.The plant is located in Heartland Corners,which has a population that is 50 percent white and 25 percent African American,with the bal?ance Hispanic American,Asian American,and others.Gelato requires a high school diploma as a condition of employment for its cleaning crew.Three-fourths of the white population completed high school,compared with only one-fourth of those in the minority groups.Gelato has an all-white cleaning crew.Has Gelato violated the Civil Rights Act of 1964? Explain.

Fact Pattern 35-2A (Questions A17-A18 apply) Beth,who has a disability,is an employee of Corporate Office Company (COC) .After the installation of new doors on COC's building,Beth finds it nearly im?possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability. -Refer to Fact Pattern 35-2A.To successfully defend against Beth's claim,COC will have to show that

Fact Pattern 35-1A (Questions A5-A6 apply) Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well quali?fied.He passes a test to determine which applicants are eligible for hiring,but the employer discards the results,and Erasmus is rejected.Drain-Pro continues to seek applicants. -Refer to Fact Pattern 35-1A.To successfully defend itself against Erasmus's suit,Drain-Pro must articulate

An employee's resignation must be the foreseeable result of an em?ployer's discriminatory action to support a showing of constructive discharge.

The Civil Rights Act of 1964 does not prohibit job discrimination in the hiring process.

The Americans with Disabilities Act of 1990 requires that employers ac?commodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work

Vincenzo is a pilot for Wayfarer Airlines.Wayfarer's policy is to restrict Vincenzo and its other pilots from flight responsibilities after a certain age.This is most likely

An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a busi?ness necessity.

Paolo has cerebral palsy,Quincy has kleptomania,and both work for Reality Insurance Company.Considered disabled under the Americans with Disabilities Act

A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.

Greta is the only female employee in the maintenance department of Hydro Hydraulics Inc.Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit.This is

Ruth is a supervisor for Subs & Suds,a restaurant.Tim is a Subs em?ployee.The owner announces that some em?ployees will be discharged.Ruth tells Tim that if he has sex with her,he can keep his job.This is

Under the Age Discrimination in Employment Act of 1967,a plaintiff must prove that he or she was replaced by a person "outside the pro?tected class."

Fact Pattern 35-2A (Questions A17-A18 apply) Beth,who has a disability,is an employee of Corporate Office Company (COC) .After the installation of new doors on COC's building,Beth finds it nearly im?possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability. -Refer to Fact Pattern 35-2A.To succeed with a claim against COC under the Americans with Disabilities Act,Beth will have to show that

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws.These laws re?strict the ability of employers to discriminate against workers on the basis of

Employers can consider mitigating measures or medications when de?termining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990.