Employment And Labor Law 9th Edition by Patrick J. Cihon – Test Bank

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Employment And Labor Law 9th Edition by Patrick J. Cihon – Test Bank

Chapter 06 Title VII of the Civil Rights Act and Race
Discrimination
TRUEFALSE
1. The payroll method is used to determine the number of employees for coverage of Title VII.
(A) True
(B) False
Answer : (A)
2. Labor unions with at least fifteen members are subject to Title VII.
(A) True
(B) False
Answer : (A)
3. A situation where an employee is treated differently from others due to race, color, religion,
gender or national origin is disparate impact.
(A) True
(B) False
Answer : (A)
4. Content validity is a means of isolating and testing for specific traits or characteristics that are
deemed essential for job performance.
(A) True
(B) False
Answer : (B)
5. Criterion-related validity is a method of demonstrating that an employment selection device
reflects the content of a job for which employees are being selected.
(A) True
(B) False
Answer : (B)
6. Seniority, or the length of service on the job, is frequently used to determine entitlement to
employment benefits, promotions, or transfers, and even job security itself.
(A) True
(B) False
Answer : (A)
7. Title VII only applies to minorities and females.
(A) True
(B) False
Answer : (B)
8. Title VII requires an employer to enact affirmative action plans.
(A) True
(B) False
Answer : (B)
9. Affirmative action programs in employment involve giving some kind of preference in hiring or
promotion to qualified female or minority employees.
(A) True
(B) False
Answer : (A)
10. Remedial affirmative action designed to remedy the effects of past illegal discrimination has not
been endorsed by the courts.
(A) True
(B) False
Answer : (B)
11. The Four-Fifths Rule, is a mathematical formula developed by the EEOC to demonstrate
disparate impact of a facially neutral employment practice on selection criteria.
(A) True
(B) False
Answer : (A)
12. A labor union that operates a hiring hall is covered by Title VII without reference to total
membership.
(A) True
(B) False
Answer : (A)
13. Title VII regulations and guidelines do not require that employers, unions, and employment
agencies post EEOC notices summarizing the act’s requirements.
(A) True
(B) False
Answer : (B)
14. Title VII is administered by the Equal Employment Opportunity Commission (EEOC), a fivemember
commission appointed by the president that works with the commission’s Office of General
Counsel.
(A) True
(B) False
Answer : (A)
15. Section 706(e)(2) added to Title VII by the 1991 amendments, does not address the time limits
for a challenge to a seniority system that allegedly is used intentionally to discriminate in violation of
Title VII.
(A) True
(B) False
Answer : (B)
MULTICHOICE
16. A method of demonstrating that an employment selection device reflects the content of the job
for which employees are being selected is:
(A) constructive validity.
(B) content validity.
(C) disparate impact.
(D) criterion-related validity.
Answer : (B)
17. When an employee is treated differently from others due to race, color, religion, gender, or
national origin it amounts to:
(A) four-fifths treatment rule.
(B) seniority.
(C) disparate impact.
(D) disparate treatment.
Answer : (D)
18. An exception to this civil rights law that allows an employer to hire employees of a specific
gender when business necessity requires it is:
(A) disparate impact.
(B) disparate treatment.
(C) bona fide occupational qualification.
(D) criterion-related validity.
Answer : (C)
19. A mathematical formula developed by the EEOC to demonstrate disparate impact of a facially
neutral employment practice on selection criteria is:
(A) the four-fifths rule.
(B) disparate treatment.
(C) disparate impact.
(D) content validity.
Answer : (A)
20. The programs in employment that involve giving some kind of preference in hiring or promotion
to qualified female or minority employees is a/an:
(A) segregation treatment.
(B) four-fifth’s treatment.
(C) affirmative action.
(D) criterion-related activity.
Answer : (C)
21. Title VII is administered by the:
(A) Securities and Exchange Commission.
(B) Department of Justice.
(C) Supreme Court.
(D) Equal Employment Opportunity Commission.
Answer : (D)
22. A method of demonstrating that an employment selection device that selects employees based
on the traits and characteristics that are required for the job in question is called:
(A) construct validity.
(B) seniority.
(C) content validity.
(D) affirmative action.
Answer : (A)
23. A method of demonstrating that an employment selection device correlates with the skills and
knowledge required for successful job performance is called:
(A) construct validity.
(B) content validity.
(C) disparate impact.
(D) criterion-related validity.
Answer : (D)
24. The suggestion that disparate impact should be measured only at the ______ ignores the fact that
Title VII guarantees these individual respondents the opportunity to compete equally with white
workers on the basis of job-related criteria.
(A) instance when the matter is dragged to court
(B) time of discrimination.
(C) bottom line
(D) top line
Answer : (C)
25. Which case held that the “payroll method” is the appropriate method to determine the number of
employees for purposes of Title VII coverage?
(A) Lanning v. Southeastern Pennsylvania Transportation Authority
(B) United States v. Nixon
(C) Connecticut v. Teal
(D) Walters v. Metropolitan Educational Enterprises, Inc.
Answer : (D)
26. The pass rate in Duke Power Company for the African American employees who took the
Wonderlic Personnel Test and the Bennett Mechanical Comprehension Test was:
(A) 12 percent.
(B) 8 percent.
(C) 6 percent.
(D) 10 percent.
Answer : (C)
27. In EEOC v. Dial Corp., after the Work Tolerance Screen (WTS) was adopted:
(A) the percentage of new female hires declined.
(B) the percentage of new female hires significantly increased.
(C) the percentage of new hires from minority groups declined.
(D) the percentage of new male hires significantly declined.
Answer : (A)
28. In Clackamas Gastroenterology Associates, P.C. v Wells, the court discussed whether managing
directors or physician-shareholders of professional corporations are employees for the purposes of
determining coverage under:
(A) disparate impact.
(B) content validity.
(C) construct validity.
(D) Title VII.
Answer : (C)
29. In International Brotherhood of Teamsters v. United States, the seniority system was established
between:
(A) employee and the union.
(B) employer and the union.
(C) employee and the employer.
(D) both employer-employee and employee-union.
Answer : (B)
30. Title VII is administered by:
(A) the Equal Employment Opportunity Commission.
(B) the Supreme Court.
(C) the Department of Labor.
(D) None of these answers.
Answer : (A)
31. In University and Community College System of Nevada v. Farmer, in order to remedy the racial
imbalance, the University of Nevada instituted the:
(A) minority bonus policy.
(B) Wonderlic Personnel Test.
(C) Bennett Comprehension Test.
(D) Negative Role Model policy.
Answer : (A)
32. In a manufacturing company, promotions were based on seniority. The company instituted a
policy of high school education, and two aptitude tests were held for the selection of employees. All
employees who had high school diplomas appeared for the test. The pass rate of the white
employees was 85 percent while the pass rate for African American employees was 14 percent. The
African American employees brought a law suit against the company in the District court alleging
that this violated Title VII of the Civil Rights Act of 1964. Based on the above information, it is most
likely that the District Court held that:
(A) the company did not violate the Title VII Act.
(B) the company violated the Title VII Act.
(C) the company had the right to discriminate against African American employees.
(D) the company was unfair in administering the test.
Answer : (A)
33. In Equal Employment Opportunity Commission (EEOC) v. Dial Corp, the trial court held that:
(A) Dial was not in violation of Title VII.
(B) the Work Tolerance Screen (WTS) had a discriminatory effect on female applicants.
(C) Dial had demonstrated that the WTS was a business necessity and had shown criterion validity.
(D) Dial had effectively controlled for other variables that may have caused the decline in injuries.
Answer : (B)
34. A teacher who is required to possess the attribute of “patience,” or an executive who is required
to possess qualities of “leadership” are being measured based on:
(A) content validity.
(B) criterion-related validity.
(C) construct validity.
(D) validity logic.
Answer : (C)
35. Christopher, a white employee was excluded from a training program that imparted specialized
skills required for his role. Under the voluntary affirmative action program, 50 percent of the spaces
in the training program were reserved for minority employees while the remaining 50 percent was
based on seniority. While Christopher was not senior enough to qualify for the seniority-based seats,
he did have more seniority than several of the minority employees admitted under the affirmative
action program. Christopher filed a suit against the employer and the union with EEOC arguing that
excluding him from the training program while admitting less senior employees was race
discrimination prohibited by Title VII. Based on the above information, it is likely the decision ruled
in favor of:
(A) Christopher.
(B) the organization.
(C) the black employees.
(D) both the organization and the black employees.
Answer : (A)
36. In University and Community College System of Nevada v. Farmer, the University was sued
because:
(A) Makoba the black male emigrant was offered a salary well below the advertised salary range.
(B) Yvette Farmer was given preference over Makoba though she was not suitably qualified.
(C) Farmer alleged that because of the University’s affirmative action plan they hired a black male
(Makoba) despite the fact that she was better qualified.
(D) Both Makoba and Farmer were hired for similar positions but Makoba’s salary was significantly
lower than Farmer’s annual pay.
Answer : (C)
37. Disparate Treatment is when an employee is treated differently from others due to:
(A) race.
(B) national origin.
(C) religion.
(D) All of these answers.
Answer : (D)
38. In several cases decided shortly after the adoption of Title VII, courts held that departmental
seniority systems that operated to deter minority employees from transferring out of low-paying or
inferior jobs:
(A) were in violation of Title VII.
(B) were not in violation of Title VII.
(C) were based on the 1991 amendment to Title VII.
(D) did not perpetuate the effects of prior discrimination.
Answer : (A)
39. Robin works as a human resource manager for Banes & Obel. The company asks Robin to ensure
that all suitable candidates including women and minorities are interviewed for open positions, but
instructs her to not hire any minority applicants. When Robin reminds her supervisor that Title VII
prohibits race discrimination she finds herself being removed from the interview process and all
tasks related to the hiring process. In the above case, Banes & Obel:
(A) has not violated Title VII since there was no discrimination during the interview process.
(B) has not violated Title VII if they can prove the open positions in the organization were not
suitable for minority candidates.
(C) has clearly violated Title VII by instructing Robin to not hire minority applicants.
(D) has not violated Title VII since Robin is no longer part of the decision-making process.
Answer : (C)
40. A telephonic marketing firm is looking at establishing themselves in Florida. Because of the
nature of its work, the firm decides to hire only people who speak fluent English and not to hire any
person who has a noticeable accent or, in the words of the marketing manager, “who have any
native influences to their accent.” The company’s hiring policy:
(A) supports Title VII.
(B) cannot fall under Title VII.
(C) clearly violates Title VII.
(D) does not violate Title VII.
Answer : (C)
41. At Your Home, a service provider offers healthcare assistance for elderly or disabled persons at
their place of residence. Since most of the clients require total physical care including assistance to
get dressed or move around the house, At Your Home screens applicants for employment by using a
strength test. The applicants must be able to lift a dummy weighing 175 pounds. The strength test
disqualifies most female applicants, as well as a majority of Asian male applicants. To avoid violation
of Title VII, At Your Home should use:
(A) construct validity.
(B) content validity.
(C) criterion-related validity.
(D) both construct and content validity.
Answer : (B)
42. In Price Waterhouse v. Hopkins, the Supreme Court held that:
(A) a plaintiff need to demonstrate and prove that the defendant used multiple prohibited factors
(race, color, gender, religion, or natural origin) as a motive for an employment action.
(B) the plaintiff’s demonstration for a “mixed motive” situation can only be made by circumstantial
evidence.
(C) if an employer has considered an illegal factor under Title VII (race, sex, color, religion, or
national origin) in making an employment decision, the employer must demonstrate that it would
have reached the same decision if it had not considered the illegal factor.
(D) the employer violates Title VII when an illegal factor is considered, even though there may have
been other factors also motivating the decision or practice.
Answer : (A)
43. Which section of Title VII prohibits retaliation by the employer against employee because that
person opposed any practice that is prohibited by Title VII?
(A) Section 707(h)
(B) Section 704(a)
(C) Section 706(g)(2)(b)
(D) Section 703(a) and (d)
Answer : (B)
44. The Thompson v. North American Stainless, LP. case focuses on:
(A) content validity.
(B) retaliation in violation of Title VII.
(C) seniority.
(D) gambling.
Answer : (B)
45. Title VII of the Civil Rights Act of 1964 took effect in which year?
(A) 1964
(B) 1963
(C) 1966
(D) 1965
Answer : (D)
46. In Walters v. Metropolitan Educational Enterprises, Inc., the Supreme Court held that the ______
was used to determine the number of employees for coverage of Title VII.
(A) “payroll method”
(B) “statistical method”
(C) content validity
(D) construct validity
Answer : (A)
47. Which of the following statement pertains to criterion-related validity?
(A) It is a means of measuring whether the requirement or test actually evaluates abilities required
on the job.
(B) The specific traits or constructs for the test may be based on observations but cannot be
measured directly.
(C) It concerns the statistical correlation between scores received on tests and job performance.
(D) It is a means of isolating and testing for specific traits or characteristics that are deemed
essential for job performance.
Answer : (C)
48. The Supreme Court held that a plaintiff must “offer statistical evidence of a kind and degree
sufficient to show that the practice in question has caused the exclusion of applicants for jobs or
promotions because of their membership in a protected group” in the case of:
(A) International Brotherhood of Teamsters v. United States.
(B) Watson v. Fort Worth Bank & Trust.
(C) Connecticut v. Teal.
(D) United Steelworkers of America v. Weber.
Answer : (B)
49. ______ compares the selection rates (the rates at which applicants meet the requirements or pass
the test) for the various protected groups under Title VII.
(A) Four-Fifths Rule
(B) Bona fide occupational qualification
(C) Criterion-related validity
(D) Disparate treatment
Answer : (A)
50. The regulation that was adopted by the EEOC and other federal agencies that provide for
methods of demonstrating a disparate impact and for validating employee selection criteria is the:
(A) the Model Employment Act.
(B) Civil Disabilities Act.
(C) Title VII of the Civil Rights Acts
(D) Uniform Guidelines on Employee Selection.
Answer : (D)
ESSAY
51. Who does Title VII of the Civil Rights Act of 1991 cover?
Graders Info :
Title VII applies to employers, labor unions & employment agencies. It prohibits the refusal or
failure to hire any individual, the discharge of any individual, or the discrimination against any
individual with respect to compensation, terms, conditions, or privileges of employment because of
that individual’s race, color, religion, sex, or national origin.
52. How is an employer defined under the Title VII of the Civil Rights Act of 1991?
Graders Info :
An employer under Title VII is a person, partnership, corporation or other entity engaged in an
industry affecting commerce that has 15 or more employees.
53. What is bona fide occupational qualification?
Graders Info :
It is an exception to the civil rights law that allows an employer to hire employees of a specific
gender, religion, or national origin when business necessity-the safe and efficient performance of the
particular job-requires it.
54. List the three classifications of standards developed by the American Psychological Association
for validating job requirements.
Graders Info :
The standards for validating job requirements can be classified into content validity, construct
validity and criterion-related validity.
55. Define construct validity.
Graders Info :
Construct validity is a method of demonstrating that an employment selection and device selects the
employees based on the traits and characteristics that are required for the job in question.
56. What do affirmative action programs usually involve?
Graders Info :
An affirmative action program usually involves giving preferences in hiring or promotion to qualified
female or minority employees.
57. What were the two amendments added to Title VII in 1991?
Graders Info :
The first amendment addresses the ability to challenge affirmative action programs and the second
deals with the practice known as race norming.
58. Described the practice of race-norming.
Graders Info :
Race norming refers to the practice of using different cutoff scores for different racial, gender, or
ethnic group of applicants, or adjusting test scores for otherwise altering test results of employment
related tests on the basis of race, color, religion, sex or national origin.
59. The equal employment opportunity legislation prohibits discrimination based on what criteria?
Graders Info :
The equal employment opportunity legislation prohibits discrimination based on race, color, religion,
gender, and national origin.
60. How is seniority defined under Title VII?
Graders Info :
Seniority is the length of service on the job and is frequently used to determine entitlement to
employment benefits, promotions, or transfers, and even job security itself.
61. Explain the four-fifths rule.
Graders Info :
The four-fifths rule is a mathematical formula developed by EEOC to demonstrate disparate impact
of a facially neutral employment practice on selection criterion. The rule was adopted prior to
Watson and Wards and is stated in the Uniform Guidelines. The rule compares the selection rates for
the various protected groups under Title VII. The rule states that a disparate impact will be
demonstrated if the proportion of applicants from a protected group with the lowest selection rate is
less than 80 percent of the selection rate of the group with the highest selection rate.
62. Can the use of the seniority system for employment decisions be protected under Title VII?
Provide an illustration for your answer.
Graders Info :
The use of seniority for employment decisions is protected under Section 703(h) of Title VII if the
seniority system is bona fide and not intentionally used to discriminate on the prohibited basis. In
International Brotherhood of Teamsters v. United States case the Supreme Court held that the
seniority system was protected by Section 703(h) of Title VII. A seniority system may be bona fide
under Section 703(h) even if it perpetuates the efforts of prior discrimination, as long as it applies
equally to all groups and is not intentionally used to discriminate. The seniority system in this case
may lock employees into non-line driver jobs, but it does for all. All city drivers and servicemen are
equally discouraged from transferring. The placing of line drivers in a separate bargaining unit is
rational, and in accord with industry practice, and consistent with NLRB precedents. The seniority
system did not have its genesis in racial discrimination and it was negotiated and has been
maintained free from any illegal purpose.
63. The Uniform Guidelines set out standards for demonstrating test validity. How are the standards
classified and how do they relate to job requirements?
Graders Info :
The test validity standards are classified into three types: content validity, construct validity and
criterion related validity.
Content validity is a means of measuring whether the job requirement or test actually evaluate
ability required on the job; a method of demonstrating that an employment selection device reflects
the content of the job for which employees are being selected.
Construct validity is a means of isolating and testing for specific traits or characteristics that are
deemed essential for job performance. Such traits, or constructs, may be based on observations but
cannot be measured directly.
Criterion related validity is concerned with the statistical correlation between scores received on
tests and job performance. An employer who administers an IQ test must establish that there is a
high statistical correlation between a successful performance on a test and successful performance
on the job. A method of demonstrating that is an employment selection device which correlates with
the skills and knowledge required for successful job performance.
64. The Supreme Court decision in Adarand Constructors, Inc. v. Pena held that government
affirmative action programs must be justified under the strict scrutiny test and that the court would
examine such justifications closely. Elucidate.
Graders Info :
In Adarand Constructors, Inc. v. Pena, the U.S. Supreme Court held that affirmative action plans by
public sector employers must pass the strict scrutiny test under the U.S. Constitution. Although the
language of the test for the legality of affirmative action under Title VII and the test under the
Constitution is similar, the Supreme Court has emphasized that the tests are distinct and different.
The court in Adarand Constructors, Inc. v. Pena explicitly stated “that federal racial classifications,
like those of a State, must serve a compelling governmental interest, and must be narrowly tailored
to further that interest.”
65. Write a short note on retaliation under Title VII.
Graders Info :
Section 704(a) of Title VII prohibits retaliation by an employer, union, or employment agency against
an employee or applicant because that person has opposed any practice that is prohibited by Title
VII (known as the “opposition clause”) or because that person has taken part in or assisted any
investigation, hearing, or proceeding under Title VII (known as the “participation clause”). To
demonstrate a case of retaliation under Section 704(a), plaintiffs must demonstrate that:
(1) they were engaged in an activity or activities protected under Title VII;
(2) they suffered an adverse employment decision or action; and
(3) there was a causal link between the protected activity and the adverse employment decision.

Chapter 07 Gender and Family Issues Title VII and Other
Legislation
TRUEFALSE
1. Title VII of the Civil Rights Act protects all individuals from employment discrimination based on
sex or gender.
(A) True
(B) False
Answer : (A)
2. Section 703(e)(1) of the Bona Fide Occupational Qualification allows employer to select
employees based on sex and gender in certain instances.
(A) True
(B) False
Answer : (A)
3. An employer who requires women to wear a uniform but has no such requirement for men
violates Title VII of Civil Rights Act.
(A) True
(B) False
Answer : (A)
4. An employer who places additional requirements on employees of a certain gender but not on
employees of the opposite gender does not violate Title VII.
(A) True
(B) False
Answer : (B)
5. The Equal Pay Act of 1963 requires that women should be paid more than men even if they
perform substantially equal work in same establishment.
(A) True
(B) False
Answer : (B)
6. The Equal Pay Act’s coverage is similar to that of the Fair Labor Standards Act.
(A) True
(B) False
Answer : (A)
7. The Equal Pay Act does not cover state and local government employees.
(A) True
(B) False
Answer : (B)
8. There is no provision for employers’ defense under The Equal Pay Act.
(A) True
(B) False
Answer : (B)
9. When the pay differentials between the male and female employees are due to a seniority system,
a merit pay system, a productivity-based pay system, or “a factor other than sex,” the pay
differentials do not violate Title VII.
(A) True
(B) False
Answer : (A)
10. An organization claiming to act in good faith under Equal Pay Act need not show objective
reason for its belief that it was acting legally as it is not considered as evidence in the court of law.
(A) True
(B) False
Answer : (B)
11. Employers who fire pregnant employees because of the assumption that the employees will
likely be absent from work for lengthy periods is a violation of Title VII.
(A) True
(B) False
Answer : (A)
12. The Family and Medical Leave Act, allows eligible employees to take up to twelve weeks of
unpaid leave in any twelve months.
(A) True
(B) False
Answer : (A)
13. Employees seeking to take a leave under provisions of the FMLA must give notice of the leave to
their employer at least thirty days in advance of the leave when the need for the leave is foreseeable.
(A) True
(B) False
Answer : (A)
14. An employer may require a second or third medical opinion at the employee’s expense when the
employee applies for leave under serious health condition.
(A) True
(B) False
Answer : (B)
15. The EEOC clearly states that sexual harassment does not amount to gender discrimination and
hence does not violate Title VII.
(A) True
(B) False
Answer : (B)
MULTICHOICE
16. Which of the following prohibits advertising for male or female employees in help-wanted
notices (apart from a few exceptions) or maintaining separate seniority lists for male and female
employees?
(A) Bona fide occupational qualification (BFOQ)
(B) Section 703
(C) Equal Pay Act
(D) The Bennett Amendment
Answer : (A)
17. Which of the following reasons is sufficient to support a bona fide occupational qualification
(BFOQ)?
(A) Employer convenience
(B) Customer preference
(C) Co-worker preference
(D) Business necessity
Answer : (D)
18. When an employer places additional requirements on employees of a certain gender, but not on
employees of the opposite gender, this is known as:
(A) leave discrimination.
(B) sexual harassment.
(C) gender-plus discrimination.
(D) equal pay discrimination.
Answer : (C)
19. The provision that men and women performing substantially equal work should be paid equally
is part of the:
(A) the Equal Pay Act.
(B) the Family and Medical Leave Act.
(C) the Pregnancy Discrimination Act.
(D) “Gender-Plus” Discrimination.
Answer : (A)
20. The Equal Pay Act’s coverage is similar to that of the:
(A) National Labor Relation Act.
(B) Pregnancy Discrimination Act.
(C) Fair Labor Standards Act.
(D) Occupational Safety and Health Act.
Answer : (C)
21. An act that amends Title VII by extending the time limit for filing suit for pay discrimination
cases is known as the:
(A) Limitation Act.
(B) Fair Labor Standards Act.
(C) Age Discrimination Act.
(D) Lilly Ledbetter Fair Pay Act.
Answer : (D)
22. The remedies available under a government suit for the violation of Pay Discrimination Act
include:
(A) injunction and back pay with interest.
(B) criminal proceedings and coverage for damages.
(C) criminal proceedings and back pay with interest.
(D) injunction and coverage for damages.
Answer : (A)
23. Pay differentials between employees of different sexes is allowed when the differential is due to
seniority, merit or productivity-based pay system, or factor other than sex under:
(A) Section 704(k) of Title VII.
(B) National Labor Relation Board.
(C) Section 703(e)(1) of Title VII.
(D) Section 703(h) of Title VII.
Answer : (D)
24. Under the Family and Medical Leave Act, the employer may deny leave to employees, who are
designated as:
(A) “employees on probation”.
(B) mandatory employees.
(C) “key employees”.
(D) temporary employees.
Answer : (C)
25. Harassment where the employee’s response to the harassment is considered in granting
employment benefits is called:
(A) hostile environment harassment.
(B) mental harassment.
(C) defamation.
(D) quid pro quo harassment.
Answer : (D)
26. ______ state(s) that employers are liable for sexual harassment by supervisory or managerial
employees or co-workers and may also be liable for harassment by coworkers or even nonemployees
under certain circumstances.
(A) The National Labor Relation Board
(B) The Occupational Safety and Health Act
(C) EEOC guidelines
(D) U.S. Constitution
Answer : (C)
27. In which of the following cases did the court hold that an employer who requires women to wear
a uniform but has no such requirement for men violates Title VII?
(A) Fountain v. Safeway Stores, Inc.
(B) Carroll v. Talman Federal Savings & Loan Assoc.
(C) Baker v. California Land Title Co.
(D) Willingham v. Macon Tel. Publishing Co.
Answer : (B)
28. According to ___________ is it lawful for women to be permitted to wear long hair while males are
not permitted to have hair below the collar in a workplace.
(A) Title VII.
(B) the U.S. Constitution.
(C) Occupational Safety and Health Act.
(D) National Labor Relation Board’s regulations.
Answer : (A)
29. In Price Waterhouse v. Ann B. Hopkins, Ann Hopkins, a senior manager in an office of Price
Waterhouse, was proposed for partnership. When the partners in her office refused to repropose her
partnership, she sued the firm. The Supreme Court held that employment decisions may constitute
sex discrimination in violation of Title VII, if the decision is based on:
(A) age discrimination.
(B) sex stereotypes.
(C) grounds of pregnancy.
(D) sexual harassment.
Answer : (B)
30. In which of the following cases did the court hold that abuse and ridicule by coworkers and
managers directed at a male employee because he appeared effeminate and did not conform to a
male stereotype was discrimination “because of sex” for the purposes of establishing a claim under
Title VII?
(A) Price Waterhouse v. Hopkins.
(B) Willingham v. Macon Tel. Publishing Co.
(C) Baker v. California Land Title Co.
(D) Nichols v. Azteca Restaurant Entreprises, Inc.
Answer : (D)
31. In Kouba v. Allstate Insurance Co., the U.S. Court of Appeals for the Ninth Circuit held that
using an employee’s prior salary to determine pay for employees in a training program was not
precluded by the:
(A) Equal Pay Act.
(B) Gender Discrimination Act.
(C) National Labor Relation Act.
(D) Occupational Safety and Health Act.
Answer : (A)
32. In Laffey v. Northwest Airlines, Laffey filed a class action suit against NWA, claiming that the
refusal to hire females as pursers violated Title VII and that the differential pay scale and allowances
for male pursers and female attendants violated Title VII and the:
(A) Equal Pay Act.
(B) Sarbanes-Oxley Act.
(C) National Labor Relations Act.
(D) Gender Discrimination Act.
Answer : (A)
33. Plaintiffs often file suit under both ______ and the Equal Pay Act.
(A) the Sarbanes-Oxley Act
(B) Title VII
(C) the National Labor Relations Act
(D) the Executive Order
Answer : (B)
34. In Spalding v. University of Washington and A.F.S.C.M.E. v. State of Washington, the U.S. Court
of Appeals for the Ninth Circuit held that a plaintiff bringing a Gunther-type claim under Title VII
must establish the evidence of:
(A) validity of job requirement.
(B) comparable worth.
(C) disparate treatment.
(D) disparate impact.
Answer : (C)
35. In City of Los Angeles v. Manhart, a group of female employees filed suit against the
department, alleging that the practice of making female employees pay higher contributions to
receive equal benefits upon retirement violated Title VII. The trial court held that, the department’s
practice:
(A) amounted to discrimination on the basis of age.
(B) amounted to illegal sex discrimination.
(C) was legal under the BFQQ exception of Title VII.
(D) amounted to discrimination based on nationality.
Answer : (B)
36. Identify the case in which the Supreme Court held that the organization’s refusal to cover
pregnancy or related conditions under its sick-pay plan, in spite of having male-specific disabilities
such as vasectomies covered, did not violate Title VII?
(A) Newport News Shipbuilding and Dry Dock Co. v. EEOC.
(B) Goss v. Exxon Office Systems Co.
(C) General Electric v. Gilbert.
(D) U.A.W. v. Johnson Controls, Inc.
Answer : (C)
37. In Nevada Dept. of Human Resources v. Hibbs, the Supreme Court held that the Eleventh
Amendment of the Constitution does not grant the states immunity from suits for damages by
employees under which of the following acts?
(A) National Labor Relation Board
(B) Family and Medical Leave Act
(C) Equal Pay Act
(D) Gender Discrimination Act
Answer : (B)
38. In Novak v. Metrohealth Medical Center, Donna Novak was terminated from her employment
because the MetroHealth determined that Novak’s March absences did not qualify for the FMLA
leave. Novak filed suit against MetroHealth, alleging interference with her FMLA rights and
retaliation under the FMLA. The Court of Appeals held that:
(A) Novak was not entitled to FMLA leave.
(B) Metro violated Title VII by terminating her.
(C) Novak was entitling to FMLA leave with pay.
(D) Metro should reinstate Novak.
Answer : (A)
39. In Harris v. Forklift Systems, Inc., Teresa Harris sued Forklift, claiming that Forklift’s president
Hardy’s conduct had created an abusive work environment for her because of her:
(A) seniority.
(B) age.
(C) gender.
(D) race.
Answer : (C)
40. In ______ the court held that a proliferation of pornographic material featuring nude women did
create a hostile working environment for female employees.
(A) Scott v. Sears, Roebuck & Co.
(B) Harris v. Forklift Systems
(C) Barbetta v. Chemlawn Services Corp.
(D) None of these answers.
Answer : (C)
41. In Smith v. City of Salem, Ohio, Greenamyer suspended Smith for one twenty-four hour shift,
based on his alleged infraction of a City and/or Fire Department policy. Smith filed suit in the federal
district court alleging:
(A) pay discrimination in violation of Title VII.
(B) sex discrimination and retaliation in violation of Title VII.
(C) violation of National Relation Board by Greenamyer.
(D) violation of Title VII by discriminating her on the basis of religion.
Answer : (B)
42. James and Cameron applied for the position of an assistant professor at Luthans University.
Though Cameron had more experience and was better qualified, her job application was rejected by
the University Board. The Board felt that as a woman, Cameron would not be able to maintain
discipline in her class since most of the students were male. James’ job application was considered
and he was later hired. In this case, the University Board:
(A) violated the provisions of Title VII of the Civil Rights Act.
(B) does not violate Title VII since they could demonstrate a BFOQ exception.
(C) does not violate Title VII but violates EEOC.
(D) does not violate either Title VII or EEOC since gender was part of the required skills.
Answer : (A)
43. Scarlett applied for a job as personal shopper in a boutique for exclusive menswear. The
boutique rejected her application since the job also required assisting male customers in the fitting
rooms which was a business necessity and was inappropriate for a female employee. In this case, the
department is justified under:
(A) public policy exception.
(B) bona fide occupational qualification.
(C) employment-at-will.
(D) gender stereotyping.
Answer : (B)
44. A transport company had a policy that required every female employee to go through a
mandatory physical examination prior to a promotion. However, the test was not mandatory for male
candidates. A group of female candidates filed a lawsuit against the company. In this instance, the
court most likely held that the company violated:
(A) Title VII, on the basis of gender stereotyping.
(B) Title VII, on the basis of gender-plus discrimination.
(C) Title VII, on the basis of national origin.
(D) National Labor Relation Act.
Answer : (B)
45. Central Airlines decided to give 30 percent pay hike to stewards and 15 percent pay hike to
stewardesses, even though they were performing substantially similar kind of work. In this case, the
airlines has most likely violated the:
(A) Wage and Compensation Act.
(B) Sarbanes-Oxley Act.
(C) National Labor Relation Board.
(D) Equal Pay Act.
Answer : (D)
46. Jack and Adam were the employees of Steel Co. Inc. Both of them performed equal work in the
industry, however, the company decided to give a 40 percent hike to Jack because he was senior to
Adam, whereas Adam was only given a 20 percent pay hike to his salary. In this scenario, the
company wage differential is justified under the:
(A) Bennett Amendment.
(B) discretionary power of company.
(C) public policy exception.
(D) Lilly Ledbetter Fair Pay Act.
Answer : (A)
47. Wendell was fired without sufficient reason by her company once they became aware of her
pregnancy. The company assumed that the Wendell was likely to be absent from work for lengthy
periods due to her pregnancy and the ensuing responsibilities of parenthood. In this circumstance,
Wendell has a remedy under the:
(A) Equal Pay Act.
(B) National Labor Relation Act.
(C) Pregnancy discrimination Act.
(D) Occupational Safety and Health Act.
Answer : (C)
48. Olivia requested for leave from her supervisor for one week since her daughter fell sick and
required home care. The employer refused to grant her leave and as a result Olivia was forced to be
absent from work without pay. She later filed a suit against her employer alleging violation of Title
VII. Under the assumption that Olivia is a productive employee, the court most likely held that:
(A) the employer did not violate Title VII.
(B) Olivia is entitled for leave under FMLA.
(C) Olivia was not entitled to the leave.
(D) Olivia violated Title VII by filing suit against employer.
Answer : (B)
49. A female employee was asked by her male supervisor to sleep with him if she wanted a
satisfactory evaluation and recommendation for promotion. When she refused, she was subjected to
negative evaluation, disciplinary suspensions, and she was ultimately fired. This action of supervisor
can be termed:
(A) hostile environment harassment.
(B) sex discrimination.
(C) quid pro quo harassment.
(D) regional discrimination.
Answer : (C)
50. Samantha worked as an ocean lifeguard for the Marine Safety Section of the Parks and
Recreation Department. Her immediate supervisor was Bruce. Bruce repeatedly touched Samantha
without invitation and passed sexual comments on her. In this case, Samantha has a legal remedy in
the form of:
(A) injunction.
(B) imprisonment.
(C) liquidated damages.
(D) specific performance.
Answer : (A)
ESSAY
51. What is gender discrimination?
Graders Info :
Gender discrimination is segregation, or classifying employees or applicants in any way that would
deprive individuals of employment opportunities or otherwise adversely affect their status as
employees because of their sex.
52. What is Bona Fide Occupational Qualification?
Graders Info :
Bona fide Occupational Qualification is an exception to the civil rights law that allows an employer to
hire employees of a specific gender, religion, or national origin when business necessity and the safe
and efficient performance of the particular job require it.
53. Explain the provision of the Equal Pay Act.
Graders Info :
The Equal Pay Act prohibits discrimination by an employer between employees on the basis of sex by
paying wages to employees in such establishment at a rate less than the rate at which he pays wages
to employees of the opposite sex for equal work on jobs the performance of which requires equal
skill, effort, and responsibility, and which are performed under similar working conditions.
54. What is the procedure to file suit under Equal Pay Act?
Graders Info :
The Equal Pay Act is administered by the Equal Employment Opportunity Commission. There is no
requirement that an individual filing a suit under the Equal Pay Act must file first with the EEOC. If
the EEOC has filed a suit, it precludes individual suits on the same complaint. An individual suit
must be filed within two years of the alleged violation.
55. Define the Bennett Amendment.
Graders Info :
The provision of Section 703(h) of Title VII is known as the Bennett Amendment. It allows pay
differentials between employees of different sexes when the pay differential is due to seniority, merit
pay, productivity-based pay, or a factor other than sex.
56. What is the provision relating to pregnant women working in hazardous condition?
Graders Info :
An employer wishing to avoid potential health problems for female employees and their offspring
may prohibit women of childbearing age from working in jobs that involve exposure to hazardous
substances.
57. What are the important aspects of the Family and Medical Leave Act?
Graders Info :
The Family and Medical Leave Act was signed into law by President Clinton in 1993. It allows an
eligible employee to take up to twelve weeks’ unpaid leave in any twelve months because of:
• the birth, adoption, or foster care of a child;
• the need to care for a child, spouse, or parent with a serious health condition; or
• the employee’s own serious health condition that makes the employee unable to perform functions
of his or her job.
58. When should an employee give notice for leave under FMLA?
Graders Info :
Employees seeking to take a leave under any provisions of the FMLA must give notice of the leave to
their employer at least thirty days in advance of the leave when the need for the leave is foreseeable.
59. Which state legislation provides pregnancy leave?
Graders Info :
The California Fair Employment and Housing Act Law requires employers to provide pregnant
employees up to four months of unpaid pregnancy leave and to reinstate female employees returning
from pregnancy leave to the job they held prior to the leave.
60. Explain Hostile Environment Harassment.
Graders Info :
Harassment which may not result in economic detriment to the victim, but which subjects the victim
to unwelcome conduct or comments and may interfere with the employee’s work performance is
known as hostile environment harassment.
61. What is the provision under Title VII with respect to gender discrimination? Explain “genderplus”
discrimination.
Graders Info :
Title VII prohibits any discrimination in terms or conditions of employment because of an employee’s
sex. Title VII protects all individuals from employment discrimination based on sex or gender; this
means both men and women are protected from sex discrimination in employment. Employers who
refuse to hire an individual for a particular job because of that individual’s gender violate Title VII.
Gender-Plus Discrimination means an employer who places additional requirements on employees of
a certain gender but not on employees of the opposite gender, and, thereby, violates Title VII.
62. Explain the coverage of the Equal Pay Act.
Graders Info :
The Equal Pay Act’s coverage is similar to that of the Fair Labor Standards Act. The act applies to all
employers “engaged in commerce (interstate commerce),” and it applies to all employees of an
“enterprise engaged in commerce.” Virtually all substantial business operations are covered. The act
also covers state and local government employees. The Congressional Accountability Act of 1995
extended the coverage of Fair Labor Standards Act, including the Equal Pay Act, to federal
employees of the following offices:
• House of Representatives
• Senate
• Capitol Guide Service
• Capitol Police
• Congressional Budget Office
• Office of the Architect of the Capitol
• Office of the Attending Physician
• Office of Technology Assessment
63. Explain the leave provision under FMLA.
Graders Info :
Under FMLA, leave may be taken all at once, or in certain cases, intermittently, or the employee
may work at a part-time schedule. An employee or the employer may choose to substitute paid leave
such as vacation or sick leave for part or all of the FMLA leave if the employee is entitled to such
paid leave. The employee’s ability to substitute paid leave is determined by the terms of the
employer’s normal leave policy. Under certain circumstances, the employee may take the leave on
an intermittent basis. If the leave is for planned medical treatment, the employee must make a
reasonable effort to schedule the medical treatment in order to avoid unduly disruption of the
employer’s operation. If both parents are employed by the same employer, the leave because of
childbirth or to care for a sick child may be limited to a total of twelve weeks between both parents.
64. What is sexual harassment? Explain employer liability for sexual harassment.
Graders Info :
Sexual harassment is unwelcome sexual advances, requests for sexual favors, or other verbal or
physical conduct of a sexual nature that the employee is required to accept as a condition of
employment, the employee’s response to such conduct is used as a basis for employment decisions.
The EEOC Guidelines state that employers are liable for sexual harassment by supervisory or
managerial employees and may also be liable for harassment by co-workers or even nonemployees
under certain circumstances.
65. What are the conditions to receive family temporary disability insurance benefits?
Graders Info :
Workers who take time off to care for a seriously ill child, spouse, domestic partner, or who take
time off to bond with a newborn child, adopted child or child, placed through foster care are eligible
for up to six weeks of “family temporary disability insurance benefits.” The worker must make a
claim for the benefits with the state Disability Insurance Program, and will begin receiving benefits
after a seven-day waiting period. No more than six weeks of benefits may be received within any
twelve-month period. Workers who are already receiving unemployment compensation, state
disability benefits, or any other temporary disability benefits under state or federal law are not
eligible to receive family temporary disability insurance benefits.