Interactive Quiz for alt-12e, Chapter 35

1. The most important federal statute prohibiting employment discrimination against members of protected classes is:

4. 
   The Equal Pay Act of 1963.
   
5. 
   The Americans with Disabilities Act of 1990.
   
6. 
   Title VII of the Civil Rights Act of 1964.
   
7. 
   The Age Discrimination in Employment Act of 1967.
   

Answers:

1. 
   Incorrect. This is not the most important federal statute dealing with employment discrimination.
   
2. 
   Incorrect. This is not considered to be the most important federal statute dealing with employment discrimination.
   
3. 
   Correct. Title VII is considered to be the most important federal statute dealing with employment discrimination.
   
4. 
   Incorrect. The Age Discrimination in Employment Act is not the most important act in this area.
   

2. Min applies for a job as a receptionist at an accounting firm. If she is denied a job because she is of Asian origin, what is this called?

1. 
   Direct-treatment discrimination.
   
2. 
   Disparate-treatment discrimination.
   
3. 
   Primary-treatment discrimination.
   
4. 
   Disparate-impact discrimination.
   

Answers:

1. 
   Incorrect. This is not known as direct-treatment discrimination.
   
2. 
   Correct. This is an example of disparate-treatment discrimination.
   
3. 
   Incorrect. This is not primary-treatment discrimination.
   
4. 
   Incorrect. This is not disparate-impact discrimination.
   

3. Now assume that Min lives in an area with a high percentage of Asian workers. Many of these workers are legal immigrants who have relatively little college training. If, when Min applies for her job, she is given an examination designed for a college graduate, and if she and most Asian applicants fail to pass the test, what problem might the employer have?

1. 
   The employer might be engaged in disparate-harm discrimination.
   
2. 
   The employer might have violated the ADA.
   
3. 
   The employer might be engaged in disparate-impact discrimination.
   
4. 
   The employer has almost certainly done nothing wrong in this case.
   

Answers:

1. 
   Incorrect. There is no disparate-harm discrimination.
   
2. 
   Incorrect. There is not evidence that the employer has violated the Americans with Disabilities Act.
   
3. 
   Correct. The employer might be using the examination as a hiring procedure that has a disparate impact on some nonwhite workers. If, by using the examination, the employer’s work force does not reflect the percentage of Asians in the local labor market, it may be engaged in disparate-impact discrimination.
   
4. 
   Incorrect. The employer may have done something wrong in this case.
   

4. What other federal statute could Min use as a basis for a suit for illegal discrimination?

1. 
   The Equal Age Act.
   
2. 
   42 U.S.C. Section 1981.
   
3. 
   The Civil Rights Act of 1947.
   
4. 
   The National Labor Act.
   

Answers:

1. 
   Incorrect. There is no Equal Age Act.
   
2. 
   Correct. This section was enacted as part of the Civil Rights Act of 1866 and would provide Min with another statutory basis for suit.
   
3. 
   Incorrect. There is no Civil Rights Act of 1947.
   
4. 
   Incorrect. There is no National Labor Act.
   

5. Joe tells Kathy that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, what is this known as?

1. 
   Hostile-environment harassment.
   
2. 
   Quid pro quo harassment.
   
3. 
   Settled harassment.
   
4. 
   Invidious harassment.
   

Answers:

1. 
   Incorrect. Although it is harassment, it is not hostile-environment harassment.
   
2. 
   Correct. This is quid pro quo sexual harassment because Joe is premising Kathy’s raise on her granting him sexual favors.
   
3. 
   Incorrect. This is not known as settled harassment.
   
4. 
   Incorrect. The behavior may be invidious, but it is not known as invidious harassment.
   

6. Assume that Melanie and David both work at comparable jobs at Technology Impact, Inc. Melanie is paid 15 percent less than David, however. Which of the following IS NOT a legitimate defense to this pay inequality?

1. 
   The company has a merit system in place, and David has performed better at his job than Melanie.
   
2. 
   The company has a seniority system, and David has been with the company longer than Melanie.
   
3. 
   The company has a policy of discounting women’s pay because they are typically the second breadwinner.
   
4. 
   The company pays according to quantity, and David produces more.
   

Answers:

1. 
   Incorrect. This is a legitimate defense.
   
2. 
   Incorrect. This is a legitimate defense.
   
3. 
   Correct. This is not a legitimate defense and may constitute a violation of the Equal Pay Act.
   
4. 
   Incorrect. This is a legitimate defense.
   

7. The most widespread potential form of discrimination is:

1. 
   racial discrimination.
   
2. 
   gender discrimination.
   
3. 
   religious discrimination.
   
4. 
   age discrimination.
   

Answers:

1. 
   Incorrect. Age discrimination is potentially more widespread because anyone can be a victim.
   
2. 
   Incorrect. Only half the population could be victimized.
   
3. 
   Incorrect. Religious discrimination does not have the potential to be the most widespread form of discrimination.
   
4. 
   Correct. Because anyone could face age discrimination at some point in their life, it is potentially the most widespread form of discrimination.
   

8. Calvin is blind and would like to work for Dairy Times writing articles on the dairy industry. Calvin works with software that recognizes his voice, and this allows him to dictate his articles directly to his computer. Further, he uses a computer designed for visually impaired individuals. Dairy Times interviews Calvin but offers the job to a sighted person instead. What law may Dairy Times have violated?

1. 
   The ADEA.
   
2. 
   42 U.S.C. Section 1981.
   
3. 
   The ADA.
   
4. 
   The NRA.
   

Answers:

1. 
   Incorrect. This is not an age-discrimination case.
   
2. 
   Incorrect. The discrimination in this case is not based on race or national origin.
   
3. 
   Correct. The Dairy Times may have violated the Americans with Disabilities Act, or ADA.
   
4. 
   Incorrect. This case did not involve the National Rifle Association.
   

9. After-acquired evidence of an employee’s wrongdoing, or misconduct, is:

1. 
   never a defense to employment discrimination.
   
2. 
   a complete defense to employment discrimination.
   
3. 
   at best, can only serve to limit an employer’s liability for employment discrimination.
   
4. 
   evidence that only can be introduced at court by the employee.
   

Answers:

1. 
   Incorrect. In some circumstances, it may be used as a partial defense to limit an employer’s liability for employment discrimination.
   
2. 
   Incorrect. After-acquired evidence of an employee’s wrongdoing can, at best, only serve to limit an employer’s liability for employment discrimination. It is not a complete defense.
   
3. 
   Correct. After-acquired evidence of an employee’s wrongdoing can, at best, only serve to limit an employer’s liability for employment discrimination.
   
4. 
   Incorrect. This type of evidence would be introduced at court by the employer, not the employee.
   

10. When an affirmative action program results in discrimination against “majority” workers, such as white males, what is this called?

1. 
   Inverse discrimination.
   
2. 
   After-acquired discrimination.
   
3. 
   Disparate-impact discrimination.
   
4. 
   Reverse discrimination.
   

Answers:

1. 
   Incorrect. This is not known as inverse discrimination.
   
2. 
   Incorrect. This is not known as after-acquired discrimination.
   
3. 
   Incorrect. This is not a form of disparate-impact discrimination.
   
4. 
   Correct. This is called reverse discrimination.