A U.S. company employing female U.S. citizens abroad must comply with Title VII, with respect to its female U.S.-citizen employees: Select one:

a. even if the culture of the foreign country does not permit women to work with men, unless doing so would constitute a violation of the foreign country's law.b. regardless of the law or custom of the foreign country in question.c. unless it is culturally taboo to allow American women to work with women in the country in question.d. unless the culture of the foreign country does not permit women to work with men.

 

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The police chief of the city of Healing Springs has suggested that female patrol officers seek transfers away from high crime areas because he has heard rumors that male officers do not want to have female officers present in dangerous situations and might not support the female officers in the event that physical force is needed for policing. Healing Springs female police officers Select one:

a. cannot bring an action for gender discrimination under Title VII because the chief's suggestion is designed to protect the safety of the female officers.b. can bring an action for gender discrimination under Title VII.c. cannot bring an action for gender discrimination under Title VII because the chief's suggestion is designed to protect the safety of the male officers.d. can bring an action under the Equal Pay Act.

 

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Cassidy applies for a job as a combination bartender and server at Victor's Casino and Resort Spa. The interview process includes a tour of one of the bar areas at the casino. Cassidy notices that the male bar tenders and servers are all wearing tuxedos. The female bar tenders and servers, who are also known as "Victor's Vixens," are all wearing thigh length, low cut, tight, black velour dresses and high heeled shoes. Towards the end of the interview, the manager asks Cassidy if she is willing to wear the required velour dress. Cassidy says that would not be a problem. Male and female bartenders and servers are given identical duties and wages. A week after starting the job, Cassidy decides that she doesn't want to wear the velour dress anymore. She complains to her manager about the dress but the manager says it is part of the job and Cassidy agreed to wear it. Select one:

a. Cassidy cannot complain under Title VII because she witnessed the dresses before starting work and agreed to wear one.b. Cassidy has a valid Title VII claim because females are being treated differently than men regarding attire with no explainable job related justification.c. Cassidy cannot complain under Title VII because casino customers prefer to have women dressed provocatively but don't care about the men.d. Cassidy cannot complain under Title VII because being one of "Victor's Vixens" is a BFOQ for female bartenders and servers for this brand of casino.

 

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Boyd Myers is CEO of Dogwood Enterprises. He is having an affair with Sandra Ralston, the company's Director of Manufacturing. The Vice-President of Manufacturing position became available and Carlton Mathews applied. Boyd gave the job to Sandra. Select one:

a. None of the choices are correct.b. Carlton can prevail on a claim of gender discrimination because it is important to eliminate workplace sexual favoritism.c. Carlton can prevail on a claim of gender discrimination because he is of a different gender than the employee who received preferential treatment based upon a romantic relationship.d. Carlton can prevail on a claim of gender discrimination because the sexual attraction and satisfaction that motivated the discrimination are inseparable from the paramour's gender.

 

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The male coaches of the men's baseball and ice hockey teams at Downstate Technological University ("D-Tech") receive bonuses for winning seasons. D-Tech does not have women's softball or ice hockey teams. D-Tech has a women's gymnastic team and a women's volleyball team but no similar teams for men. The female coaches of the women's gymnastic team and the women's volleyball team do not receive bonuses for winning seasons. The coaches of the gymnastic team and the volleyball team allege pay discrimination based on sex/gender. Select one:

a. The coaches of the women's gymnastic team and the women's volleyball team can prevail in a case under the Title VII of the Civil Rights Act only if their jobs are substantially equal to the male coaches for baseball and ice hockey.b. The coaches of the women's gymnastic team and the women's volleyball team cannot prevail in a case under the Equal Pay Act because it is not traditional in the sporting world to pay bonuses for winning seasons in gymnastics and volleyball.c. The coaches of the women's gymnastic team and the women's volleyball team cannot prevail in a case under the Equal Pay Act because each coaching position is unique based on the differences between sports.d. The coaches of the women's gymnastic team and the women's volleyball team can prevail in a case under the Title VII even if their jobs are not substantially equal to the male coaches for baseball and ice hockey.

 

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Ismeralda Marcus, a prolific shoe buyer, refuses to be waited upon by male shoe store clerks. The owner of Your Shoe Town therefore informs all of his male clerks that they may not wait on Ms. Marcus, because he does not want to anger his best customer. One of the male clerks believes that this is illegal gender discrimination, and that since part of his compensation is based on his sales volume, he feels that this policy illegally denies him the opportunity to earn compensation because of his gender. Is he correct? Select one:

a. No, because the shoe business does not affect interstate commerce.b. No, because gender-based customer preferences are legitimate business concerns.c. Yes, because gender-based customer preferences are never legitimate.d. Yes, because gender-based customer preferences are not legitimate unless they implicate a legitimate privacy interest.

 

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Conrad Parker owns Inner Serenity Salon and Day Spa. He also sells a line of cosmetics called Conrad Parker. Conrad requires all makeup artists to wear black. The men must wear black pants and black T-shirts. The women must wear black skirts, black sweaters and high heeled shoes. Conrad believes that the makeup sells better if the females are dressed in a feminine way. He fired Selena for wearing pants to work. She will win her gender discrimination lawsuit. Select one:

a. Trueb. False

 

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Laura Manning applied for a job as a firefighter. She was 5-feet-2-inches tall and weighed 110 lbs. Laura was denied the position because she did not meet the height and weight requirements of 5-feet-4-inches tall and 130 lbs. The fire department's height and weight requirements Select one:

a. are not discriminatory if it can be shown that there is a relationship between the height and weight of the firefighter and her ability to perform the job.b. are not discriminatory because historically, firefighters have always been tall.c. None of the choices are correct.d. are not discriminatory because Title VII only applies to gender discrimination, not long-standing societal traditions.

 

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The City of Lower Iberia pays for all of its firefighters who buy their firefighting gear (i.e., coats, helmets and gloves) from one authorized vendor who gives the city a discount price based on the volume of equipment purchased. There department has 197 males and 11 females in its firefighting corps. The vendor carries only male-designed gear although vendors located in other cities sell firefighting gear made specifically for women. Marcelle Landry and Lula Bourque are female firefighters in Lower Iberia. They complain. Select one:

a. Marcelle and Lula will not prevail in a Title VII case because City of Iberia saves money by having its entire firefighters buy their uniforms from the same vendor.b. Marcelle and Lula will prevail in a Title VII case because requiring female firefighters to buy and wear male firefighting equipment makes it harder for them to do their jobs and subjects them to the risk of burns and injury due to improperly fit male-designed gear.c. Marcelle and Lula will prevail in a Title VII case because the City of Iberia requires its firefighters to buy their gear instead of giving it to them as part of their official equipment.d. Marcelle and Lula will not prevail in a Title VII case because the men and women can buy the same uniforms.

 

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Solid Security Service hires male and female security officers. Solid only assigns the female employees to work at the local mall from 10:00 a.m. to 3:00 p.m. The company's rationale is that the mall is a low risk area for violent crime until 3:00 p.m. Male employees are allowed to work day and night shifts and are assigned to a variety of work sites. Select one:

a. Solid is not liable for gender discrimination because it pays all employees based on the same wage scale, regardless of gender.b. Solid is not liable for gender discrimination because it can use BFOQ as a defense to any claim filed by its female employees.c. Solid is not liable for gender discrimination because it employs men and women.d. Solid is liable for gender discrimination because its male and female employees are being treated differently based on their gender.

 

Question 11 Not yet answered Points out of 1.0 Flag question Question text Harry and Sally work for Chemco Chemical Supply Company. Harry and Sally attended a concert out of town and failed to show up to work the following day. When they returned to work, Harry was given a verbal warning and Sally was terminated. Select one: a. Sally does not have a claim for gender discrimination if Harry has more seniority. b. Sally does not have a claim for gender discrimination if the company policy provides for termination for unexcused absences from work. c. Sally has a claim for gender discrimination. d. Sally does not have a claim for gender discrimination if she has more seniority.
Question 12 Not yet answered Points out of 1.0 Flag question Question text Eric and Jessica are hired as coaches at Herbert Hoover High School in the same year. Harry coaches boys' tennis and Jessica coaches girls' tennis. The jobs also require them to each teach physical education classes approximately 50% of the time. Both have a bachelor's degree in education and neither had prior teaching experience. Eric hosts a weekly radio show on current events at Hoover. Eric's salary as coach is higher than Jessica's salary as coach. Jessica complains that her pay is discriminatory. Select one: a. Jessica can prevail under the Equal Pay Act or Title VII because she used to be a radio announcer before she became a teacher. b. Jessica cannot prevail under the Equal Pay Act because her job does not require equal skill, effort, and responsibility as Eric's job because she does not also host a radio show for the school. c. Jessica cannot prevail under Title VII of the Civil Rights Act because her job does not require equal skill, effort, and responsibility as Eric's job because she does not also host a radio show for the school. d. Jessica can prevail under the Equal Pay Act or Title VII because Eric is not required to use his radio announcer's skills to perform as a tennis coach.
Question 13 Not yet answered Points out of 1.0 Flag question Question text Stephanie is transgendered. Prior to becoming a woman, she was employed in the accounting department at Wright Brothers, LLC. She was fired after reporting to work dressed as a woman. Select one: a. Stephanie does not have a cause of action under Title VII for gender discrimination because she did not file the action before she became a woman. b. Stephanie does not have a cause of action under Title VII for gender discrimination because discriminating against transgendered persons is not considered gender discrimination. c. Stephanie has a cause of action under Title VII for gender discrimination against her former employer because she was fired for being transgendered. d. Stephanie has a cause of action under Title VII for gender discrimination because she is legally considered a woman.
Question 14 Not yet answered Points out of 1.0 Flag question Question text Marlene applied for a job as a travel agent. At the time, she was five months pregnant. Agnes, the manager told her that the company was very interested in hiring her because her references were excellent, but she should reapply after she had the baby and had found reliable day care. Marlene has no recourse under Title VII for gender discrimination. Select one: a. True b. False
Question 15 Not yet answered Points out of 1.0 Flag question Question text Padma is a seamstress for Lacy's, a large upscale department store. Hector is a tailor in the same store. They were both hired the same year and have similar experience. However, Hector is routinely paid more than Padma. If Padma files a claim under the Equal Pay Act Select one: a. Padma will lose, if Lacy's pays Hector more because he is the only Hispanic male employee. b. All of the choices are correct. c. Padma will lose, if Lacy's pays Hector more because he is older than Padma. d. Padma will lose, if Lacy's pays based on the number of pieces altered in a week and Hector routinely alters more pieces per week.
Question 16 Not yet answered Points out of 1.0 Flag question Question text The Foggy Bottom Sheriff's Department requires all applicants for deputy sheriff to pass a pre-employment agility test. It requires that an applicant to do 30 sit-ups in one minute, 25 pushups with no time limit, run 300 meters in 1 minute 11 seconds and drag a 165 pound dummy for a distance of 40 feet in 1 minute. Lisa McGregor fails the test. There are no female deputy sheriffs in the department. Select one: a. Lisa does not have a valid claim for gender discrimination because the requirements of the agility test are not too strenuous for some women. b. Lisa has a valid claim for gender discrimination because the requirements of the agility test are too strenuous for most women. c. Lisa does not have a valid claim for gender discrimination if the department can show that the agility test, as composed, is job-related and necessary. d. Lisa has a valid claim for gender discrimination because the requirements of the agility test are just a subterfuge to avoid a claim of discrimination for screening applicants by height and weight.
Question 17 Not yet answered Points out of 1.0 Flag question Question text Under the Equal Pay Act, the content of the job, rather than the job title or description, determines the comparison of whether two jobs are substantially the same. Select one: a. False b. True
Question 18 Not yet answered Points out of 1.0 Flag question Question text Katie Fleming is a qualified carpenter just like her father and 4 brothers. She applied for a job with Kent Construction, LLC. Katie was assigned to work on the current project. A number of her co-workers complained saying they did not want to work with a woman and would not work with a woman. The entire crew threatened to walk off the job. Katie was subsequently terminated. Select one: a. Kent Construction is not liable for gender discrimination and can use BFOQ. b. Kent Construction is not liable for gender discrimination because of the business necessity defense. c. Kent Construction is liable for gender discrimination since Katie was fired because she was a woman. d. None of the choices are correct.
Question 19 Not yet answered Points out of 1.0 Flag question Question text The local T.V. station has an opening for evening sports caster. Yvonne, a recent graduate with a degree in broadcast journalism, applied for the job. She was told that they had to hire a man because the job required covering the local high school football teams and spending time in the locker rooms. Yvonne was not hired. Select one: a. Yvonne has no claim for gender discrimination because the employer can hire anyone he wants to represent his T.V. station. b. Yvonne has no claim for gender discrimination because the employer can use BFOQ as a valid defense. c. None of the choices are correct. d. Yvonne has a valid claim for gender discrimination and BFOQ cannot be used as a defense because the interviews of the players can take place outside the locker room.
Question 20 Not yet answered Points out of 1.0 Flag question Question text Dahlia is a photography analyst. She reviews photographs for placement in a stock images catalog. Her male colleagues, who review photographs for placement in a stock images catalog, are image technicians. She complains that she is paid less for doing the same work as them. Select one: a. Dahlia will prevail on her claim under the Equal Pay Act if she can show that her job as a photography analyst is more productive than an image technician is safe from liability under the Equal Pay Act. b. Dahlia will not prevail on a claim under the Equal Pay Act because the company hired image technicians before it hired photography analysts so all of the technicians have more years with the company than she does. c. Dahlia will prevail on a claim under the Equal Pay Act if the jobs require equal skill, effort and responsibility. d. Dahlia will not prevail on a claim under the Equal Pay Act because the wage rates for these jobs have been historically different.
"Love Contracts" are being used by executives when they engage in personal intimate relationships with co-workers Select one: a. to prevent the employee from hiring a lawyer to draft a contract to resolve a sexual harassment claim filed by the employee. b. to defend against sexual harassment claims by having the executive and the employee state that they both have entered into the relationship voluntarily and that they will use the company's sexual harassment policy to resolve any future problems. c. to settle sexual harassment claims after the employee has filed a lawsuit against the employer. d. to settle sexual harassment claims after an employee has filed an official complaint according to the company's sexual harassment policy.
Question 22 Not yet answered Points out of 1.0 Flag question Question text Doug occasionally compliments his secretary when he arrives at the office, saying things like, "Mrs. Woods, you look nice today" or "That's a nice dress." Mrs. Woods would not have a claim for sexual harassment. Select one: a. False b. True
Question 23 Not yet answered Points out of 1.0 Flag question Question text Gregory invariably yells at all of his employees, calling them "stupid," "idiot", "doofus" or similar terms. However, when he shouts at his female staff members, he usually adds an additional word such as "bitch," "whore" or some obscene reference to the female anatomy. Adrianne is fed up with this behavior and decides to file an EEO complaint. Select one: a. Adrianne cannot prevail on a complaint of hostile environment gender discrimination because none of her female colleagues have complained about Gregory's behavior. b. Adrianne can prevail on a complaint of hostile environment gender discrimination because Gregory's hostility has a component specifically directed to women. c. Adrianne cannot prevail on a complaint of hostile environment gender discrimination because Gregory has not asked her for sexual favors. d. Adrianne cannot prevail on a complaint of hostile environment gender discrimination because Gregory is an equal opportunity harasser of both men and women.
Question 24 Not yet answered Points out of 1.0 Flag question Question text Employers are not liable for sexual harassment if the harassing activity takes place outside the workplace. Select one: a. False b. True
Question 25 Not yet answered Points out of 1.0 Flag question Question text Rosalind has been approached a number of times, for dates, by her male coworkers. On one occasion she accepted, and the date became rather intimate. The next day, she rebuffed any further advances by her date from the previous night. On subsequent days, however, she was sometimes receptive to his advances and, at other times, she indicated either ambivalence or disinterest. If Rosalind attempts to make a claim of sexual harassment on the basis of this pattern, the chief flaw in her claim will be that she was sending mixed signals to her suitor and that it was impossible for him to determine whether his advances were unwelcome. Select one: a. True b. False
Question 26 Not yet answered Points out of 1.0 Flag question Question text Rena is a veterinary nurse at Paws Animal Clinic, which has 14 employees. She is working the late shift one night when Omar, a day shift worker, sexually assaults her in the parking lot. I. Rena has a claim against her employer for sexual harassment under Title VII. II. Rena can sue Omar for assault and battery. III. Omar can be prosecuted under criminal law. Select one: a. I b. I, II and III c. I and II d. II and III
Question 27 Not yet answered Points out of 1.0 Flag question Question text In order for the pattern of activity necessary to prove a claim of sexual harassment be demonstrated, the plaintiff: Select one: a. need not show that the complained of activity occurred over a protracted period of time, if it was sufficiently frequent or intensely offensive. b. must show that more than one harasser was involved. c. must show premeditation. d. must demonstrate, by clear and convincing evidence, that he or she was never complicit with any sexually oriented behavior involving the defendant.
Question 28 Not yet answered Points out of 1.0 Flag question Question text Pam worked as a security guard. The other security guards, all men, routinely verbally harassed her because she was doing a "man's work." Additionally, they would hide her badge and keys to the client's doors. Her uniform was greased and motor oil was poured inside her purse while it was in her locker. Pam complained to her supervisor who asked immediately if any of the men had ever touched her. When she said no, the supervisor said there was nothing he could do to stop it, that it was just horseplay. Select one: a. Pam does have a claim for sexual harassment because she is being harassed because she is a woman. b. None of the choices are correct. c. Pam does not have a claim for sexual harassment because no tangible employment action has been taken with regard to Pam's job. d. Pam does not have a claim for sexual harassment because none of the men have touched her in a sexual way.
Question 29 Not yet answered Points out of 1.0 Flag question Question text Maxwell's interest in an intimate relationship with his supervisor, Gloria, was genuine in the beginning, but later cooled, at which point Gloria immediately ceased any pursuit of the relationship. Should Maxwell later have a professional falling out with Gloria, could he successfully assert the behavior that occurred during his relationship with Gloria as evidence of sexual harassment? Select one: a. No, because, at the time it occurred, it was welcome behavior. b. Yes, because any sexual behavior between a supervisor and a subordinate is legally sufficient to prove sexual harassment c. Yes, because any sexual behavior between members of the same workforce is legally sufficient to prove sexual harassment. d. No, because claims of sexual harassment must be asserted before the pattern of complained of activity ceases.
Question 30 Not yet answered Points out of 1.0 Flag question Question text Quid pro quo sexual harassment occurs when the harasser creates an abusive or intimidating work environment. Select one: a. True b. False 
Question 31 Not yet answered Points out of 1.0 Flag question Question text Alma worked on the assembly line in the New Satellite Radio Company factory. The reputation of the working atmosphere at New Satellite was so bad that it was considered the last resort of anybody who needed a job. Alma's supervisor, Helena, accused her of having sex with the factory owner, Milos, and suggested that Alma date some of the male employees instead. Helena brought a copy of a tattoo magazine, which included nude photos of Alma, to the factory and showed it to some employees. Milos talked to Alma about sex, asked her to watch pornographic movies with him and asked her for dates. Alma gave Milos excuses rather than direct refusals because she feared the loss of her job. Twice, when Alma asked male co-workers to move boxes of parts for her, they refused and she cursed at them. They responded by calling her vulgar names. They told her that some of the guys at work had plans to see her tattoos in person. Alma quit and filed a complaint of sexual harassment. Select one: a. None of the choices are correct. b. Alma cannot show that she found the behavior in the plant offensive because she posed for nude pictures in a magazine that was circulated in the plant and she cursed at her co-workers. c. Alma cannot show that she found Milos' sexual advances to be unwelcome because she did not tell him. d. Alma cannot complain about her supervisor's comments because her supervisor is female.
Question 32 Not yet answered Points out of 1.0 Flag question Question text When an employee alleges sexual harassment based on a hostile workplace environment Select one: a. the more severe the conduct, the more extensive it should be for it to be found to be hostile. b. the more severe the conduct, the less extensive it need be for it to be found to be hostile. c. the conduct must be severe and extensive over a protracted period of time. d. None of the choices are correct.
Question 33 Not yet answered Points out of 1.0 Flag question Question text At the end of Rex's the first year as an associate, Patty calls him into her office and tells him that he needs to improve his relationship with her. Rex quits, claiming constructive discharge. Rex files a complaint with the EEOC for sexual harassment. Rex did not file a complaint using the company's sexual harassment policy. Select one: a. Cantor & Gallup would be strictly liable for sexual harassment because Patty had insinuated that Rex should be much nicer to her if he wanted to make partner. b. Cantor & Gallup would not be liable because Patty's conduct was not sexual harassment. c. Cantor & Gallup would be strictly liable for sexual harassment because Rex quit claiming constructive discharge due to a hostile work environment d. Cantor & Gallup may not be liable for sexual harassment because they had a reasonable antidiscrimination policy in place and Rex failed to use it.
Question 34 Not yet answered Points out of 1.0 Flag question Question text Claims for sexual harassment do not have to be based on sex, sexual comments or requests for sexual activity. Select one: a. True b. False
Question 35 Not yet answered Points out of 1.0 Flag question Question text Frank works as a cook at the Breakwater Swim and Tennis Club. He is enamored with Brenda, one of the swimming instructors. She has shown no interest in him but he has been stalking her, and making threats and degrading sexually charged comments to her. Frank has been careful to keep his behavior very low-profile. If Brenda can bring a claim of sexual harassment against Frank, Breakwater: Select one: a. will have a cause of action against Frank for intentional infliction of emotional distress. b. will not be liable for Frank's behavior, unless it can be shown that it knew or should have known of Frank's behavior and took no action. c. cannot be held liable for Frank's behavior, under any circumstances, since he was not a supervisory employee of Breakwater. d. will be liable for Frank's behavior, regardless of the state of its knowledge of her activities.
Question 36 Not yet answered Points out of 1.0 Flag question Question text One lawyer called class action sexual harassment cases "a white buffalo" because trials of cases in which there have been multiple victims of sexual harassment at the same workplace are extremely rare. These trials are rare because Select one: a. sexual harassment involving multiple victims is almost unheard of currently. b. employers don't want their cases turned into movies like North Country, Nine to Five, Hostile Advances and Working Girl. c. lawyers who take these cases can "buffalo" (i.e., bamboozle) the jury into believing that there was sexual harassment. d. after the court certifies the case as appropriate for processing as a class action, most defendants prefer to settle rather than face public testimony by numerous employees about pervasive sexual harassment, with an accompanying risk of high damages.
Question 37 Not yet answered Points out of 1.0 Flag question Question text In Ellison v. Brady, the court determined whether the sexual harassment was severe and pervasive enough to constitute hostile work environment by Select one: a. None of the choices are correct. b. asking whether a reasonable person would have found the harasser's conduct offensive c. asking whether a reasonable victim would have found the harasser's conduct offensive d. asking whether anyone would have found the harasser's conduct offensive
Question 38 Not yet answered Points out of 1.0 Flag question Question text Managers investigating sexual harassment claims by employees should Select one: a. let the harassee know that the complaint will be kept confidential to encourage a candid interview. b. inform the complaining employee that the harasser will be notified of the complaint and that the company will not allow the harasser to retaliate against him/her for filing the complaint. c. send out a company wide email informing all employees of the allegations of sexual harassment and asking anyone with information as to the true or falsity of the allegations to send that information via email d. keep the matter confidential and not notify the alleged harasser until the investigation is completed and the company has decided on the corrective action to be taken.
Question 39 Not yet answered Points out of 1.0 Flag question Question text Jason was being asked for sex by his boss, Katrina. She told him if he is nice to her, she will be nice to him, hinting about a promotion. Katrina started to call Jason at home and she insisted that Jason accompany her to lunch where she would fondle his genitals under the table. Jason eventually had sex with Katrina and he got the promotion. When he tried to end the relationship, she fired him. Select one: a. Jason can file a claim for quid pro quo sexual harassment. b. Jason cannot file a claim for sexual harassment because he is a man. c. Jason can file a claim for hostile work environment sexual harassment. d. Jason cannot file a claim for sexual harassment because he participated by going out to lunch with Katrina.
Question 40 Not yet answered Points out of 1.0 Flag question Question text The requirement that complained of behavior be severe and pervasive in order for it to amount to actionable sexual harassment, means Select one: a. that it involves physical, as well as emotional, abuse. b. it must cause severe psychological harm to the victim. c. that it be part of a protracted and determined campaign of harassment. d. it must be more than occasional or it must be very serious in degree.

Scott Murphy was hired as a computer software engineer by Oberon Technology's Chief Computer Scientist, Alicia Monroe. He was 46 at the time he was hired. He worked for the company for 5 years and then was terminated by Alicia for poor performance. Scott filed a claim for age discrimination. Select one: a. Oberon can use the "same actor" defense in this case. b. None of the choices are correct. c. Oberon will be liable because Scott is a member of the class of workers protected by the ADEA. d. Scott will have to offer evidence that other workers over the age of 40 were also terminated in order to prevail.

Question 42 Not yet answered Points out of 1.0 Flag question Question text Casey McDowell is a Senior Vice President of the Dynamic Pharmaceuticals Company. Casey receives a salary of $249,000, plus bonuses and stock options. She has just been notified by the HR department that she will have to retire when she turns 65 next year. Casey will receive an annual pension of $166,000. She has known about the mandatory retirement policy but she feels it is unfair because her division met or exceeded all of its goals last year and she is as productive as she has ever been. Select one: a. Casey can file a complaint under the ADEA because she is neither a police officer nor a firefighter, for whom mandatory retirement is permitted under the ADEA. b. Casey cannot file a complaint under the ADEA because mandatory retirement at age 65 is permitted for high-level employees with substantial executive authority if the individual is paid a salary of at least $100,000. c. Casey cannot file a complaint under the ADEA because mandatory retirement at age 65 is permitted for high-level employees with substantial executive authority if the individual will receive a company pension of $44,000 or more. d. Casey can file a complaint under the ADEA because mandatory retirement at age 65 is now considered age discrimination.
Question 43 Not yet answered Points out of 1.0 Flag question Question text In Gross v. FBL Financial Services, Inc., the Supreme Court held that: Select one: a. None of the choices is correct. b. disparate treatment claims are unavailable under ADEA. c. punitive damages are unavailable under ADEA. d. disparate impact claims are unavailable under ADEA.
Question 44 Not yet answered Points out of 1.0 Flag question Question text The Older Workers' Benefit Protection Act of 1990 was passed by Congress Select one: a. to address the legality and enforcement of early retirement programs that required older workers to waive their rights under the ADEA. b. None of the choices are correct. c. to make early retirement programs that required waivers illegal. d. to force employers to compensate older employees subjected to age discrimination.
Question 45 Not yet answered Points out of 1.0 Flag question Question text Federal and private sector employees enjoy the same protections under ADEA. Select one: a. True b. False
Question 46 Not yet answered Points out of 1.0 Flag question Question text Carlos, age 24, and Samuel, age 47, are employed as security officers for Jackson Security Co. In an effort to retain qualified officers and to be more competitive with the salaries offered by the police department, Jackson developed an incentive plan which provided for higher raises for younger officers. As a result, Jackson gave Carlos a higher raise than Samuel. Samuel filed a claim for age discrimination. Select one: a. Jackson will be liable for age discrimination because Samuel did not file a waiver. b. Jackson will be liable for age discrimination because it treats older workers differently than its younger workers. c. Jackson will not be liable for age discrimination because the ADEA allows for different treatment when it is based on a reasonable factor other than age. d. Jackson will not be liable for age discrimination because Samuel was given a raise and his seniority status was not affected.
Question 47 Not yet answered Points out of 1.0 Flag question Question text Protection against "reverse discrimination" under the Age Discrimination in Employment Act means that Select one: a. None of the choices is correct. b. an employee who is at least 21 but less than 40 years of age can bring a case for discrimination if a person who is 40 or over is treated more favorably. c. an employee who is less than 40 years of age can bring a case for discrimination if a person who is 40 or over is treated more favorably. d. an employee who is over 40 years of age can bring a case for discrimination if a person who is older than the employee is treated more favorably.
Question 48 Not yet answered Points out of 1.0 Flag question Question text Bob Hughes is 57 years old and was employed by the state as a school bus driver. He had an exemplary record, with no accidents in the 27 years he was employed by the state. Bob was replaced by a younger man, age 31. He filed a claim with EEOC for age discrimination. Select one: a. Bob has a valid claim because he can establish all of the elements of a prima facie case. b. Bob is a state employee and must file his pursuant to OWBPA, not with EEOC. c. Bob cannot file a claim for age discrimination because he is a state employee. d. Bob does not have a claim for age discrimination because he was not more qualified than his replacement.
Question 49 Not yet answered Points out of 1.0 Flag question Question text Can an employer lower the amount of benefits it offers its employees without violating the ADEA? Select one: a. All of the choices are correct. b. Yes, if the change is the same for all employees who are similarly situated regardless of age. c. Yes, if different benefits are provided to younger and older workers based on a significant difference in the cost of providing the benefits to the older workers. d. Yes, if the change is made in accordance with the Employee Retirement Income Security Act (ERISA), which is the federal law governing employee benefits.
Question 50 Not yet answered Points out of 1.0 Flag question Question text A trait other than age, which is highly correlated with a particular age or age group, is known as. Select one: a. a proxy for age. b. a disparate impact factor. c. an ageist indicator. d. a BFOQ.
Ricardo applied for a sales position at J Drew, a clothing store. He was not hired and Ricardo thinks it is because he is 44 and older than the other sales people. Select one: a. All of the choices are correct b. Ricardo does not have an actionable claim under ADEA if the person hired instead of Ricardo is 41. c. Ricardo does not have an actionable claim under ADEA if he has no sales experience and J Drew only hires sales people with sales experience. d. Ricardo does not have an actionable claim under ADEA if J Drew has only 14 employees.
Question 52 Not yet answered Points out of 1.0 Flag question Question text Principle enforcement of the ADEA is by: Select one: a. the NLRB. b. the EEOC. c. federal courts. d. state courts.
Question 53 Not yet answered Points out of 1.0 Flag question Question text Gibson Foods, Inc. and Thompson Foods, Inc. have merged to form a new corporation, Better Food, Inc. In the process of consolidating the business, management decides that a reduction in force is necessary to avoid duplication of positions and generally streamline the running of the new company, thereby lowering the operating costs. Paul is a production manager and his job is eliminated. He is 51 years old and believes that he was targeted because of his age. Select one: a. Better Food can defend the claim for age discrimination because a RIF is exempt from ADEA protection. b. Better Food can eliminate its liability having Paul sign a waiver which prevents him from filing a claim with EEOC or participating in EEOC investigations. c. Better Food will automatically be liable for age discrimination if the company retained any employees younger than Paul. d. Better Food can defend the claim for age discrimination if it can provide a reasonable factor other than age for Paul's termination.
Question 54 Not yet answered Points out of 1.0 Flag question Question text Some circuit courts have recognized a cause of action under the ADEA based on hostile work environment discrimination. Select one: a. True b. False
Question 55 Not yet answered Points out of 1.0 Flag question Question text A BFOQ defense against a claim of age discrimination, based on the fact that some people over a certain age have a trait which cannot be ascertained except by reference to age, can be established by Select one: a. None of the choices are correct. b. requiring all employees over a certain age to take a psychological examination. c. requiring all employees over a certain age to go to vocational rehabilitation. d. requiring all employees or applicants over the certain age to take a medical examination.
Question 56 Not yet answered Points out of 1.0 Flag question Question text If an employer uses the BFOQ as a defense to an age discrimination claim, EEOC requires the employer to prove: Select one: a. that based on the job, it would either be dangerous or inefficient to hire the older worker. b. that substantially all older workers are unable to perform the job. c. that some of the individuals over a certain age have disqualifying traits that cannot be ascertained except by age. d. None of the choices are correct.
Question 57 Not yet answered Points out of 1.0 Flag question Question text In the event of a RIF, age discrimination may be proven if Select one: a. None of the choices are correct. b. the employer allows a discharged or demoted employee covered by the ADEA to bump others with less seniority. c. when jobs become available after the RIF, the employer hires younger workers at the same salary as the employee who was discharged or demoted. d. the employee was fired in order to prevent his pension from vesting.
Question 58 Not yet answered Points out of 1.0 Flag question Question text Connie, aged 47, is a supervisory field agent for the Federal Bureau of Investigation. She has been transferred from a field office in Ohio to FBI headquarters in Washington, DC. She believes that her transfer was based on her age. Even if she is correct, she will have no claim for age discrimination because Select one: a. a transfer from one city to another is not an adverse employment action for which a complaint can be filed. b. None of the choices is correct. c. the ADEA applies to federal government employers but not to employees who work in law enforcement. d. the ADEA applies to employees of private employers, but not to federal government employers.
Question 59 Not yet answered Points out of 1.0 Flag question Question text Monica, aged 39, is terminated. Her employer tells her that changes in their selling environment have made older, more mature individuals better suited for her job. Monica will have no claim for age discrimination because the ADEA applies only to employees at least 40 years of age. Select one: a. False b. True
Question 60 Not yet answered Points out of 1.0 Flag question Question text A statutory defense to a prima facie case of age discrimination is accomplished by Select one: a. the employer's demonstration that the adverse decision complained of by the plaintiff was motivated by any reasonable factor other than age. b. reliance on the BFOQ provisions of ERISA. c. the employer's demonstration that the adverse decision complained of by the plaintiff was motivated by any factor other than age. d. proof that the employer's complained of actions were not premised on age, but were, instead, premised on a proxy for age.
Marie was severely burned as a child in a house fire. She has extensive disfiguring scars on her face and neck. She applied for a job as a cashier at Food Mart and was not hired even though she had worked as a cashier at her father's store for 7 years before he retired. She filed a claim under the ADA. Select one: a. Food Mart is not liable because the facial scars are not severe and pervasive. b. Food Mart is not liable under the ADA because refusing to hire someone based on their appearance does not violate the ADA. c. Food Mart is liable under the ADA because it failed to offer Marie a job stocking shelves after the store closed as an accommodation. d. Food Mart is liable under the ADA because of its perception that Marie's facial scars constitute an impairment that substantially limits a major life activity.
Question 62 Not yet answered Points out of 1.0 Flag question Question text Louise has been subject to extensive verbal abuse and teasing at work because she has a speech impediment and stutters. Louise wants to bring a complaint of workplace harassment under the ADA. Select one: a. Louise cannot bring a claim of workplace harassment under the ADA because her problem at work is not related to her ability to perform the essential functions of her job. b. Louise cannot bring a claim of workplace harassment under the ADA because some people have been able to use corrective measures to deal with their stuttering. c. Louise can bring a claim for workplace harassment under the ADA because, in German, her name means "famous warrior." d. Louise can bring a claim for workplace harassment under the ADA if she can show that her speech impediment and stuttering affect a major life activity or if she is regarded as disabled.
Question 63 Not yet answered Points out of 1.0 Flag question Question text Under the ADA, an individual: Select one: a. can establish a rebuttable presumption of disability by presenting a letter from a trained medical professional. b. is disabled if the individual has an impairment that substantially limits one or more of the major life activities. c. is disabled only if the individual has an impairment that substantially limits all major life activities. d. is disabled if he has an impairment resulting from any medically recognized disorder.
Question 64 Not yet answered Points out of 1.0 Flag question Question text As yet the federal government and no state governments have passed laws prohibiting genetic discrimination in employment. Select one: a. False b. True
Question 65 Not yet answered Points out of 1.0 Flag question Question text Reasonable accommodation may require Select one: a. All of the choices are correct. b. the redesign of a job in order to eliminate non-essential functions. c. reassignment or reallocation of any some but not all essential functions. d. lowering the standards of performance.
Question 66 Not yet answered Points out of 1.0 Flag question Question text When determining the essential functions of a job, an employer must look to the desired outcome, not the means by which the outcome will be achieved. Select one: a. True b. False
Question 67 Not yet answered Points out of 1.0 Flag question Question text The courts have been unanimous in ruling that an employer who has terminated an employee because of alcohol related misconduct has not violated ADA. Select one: a. False b. True
Question 68 Not yet answered Points out of 1.0 Flag question Question text In a disparate treatment case of disability discrimination, the employer can defend with a bona fide occupational qualification. Select one: a. False b. True
Question 69 Not yet answered Points out of 1.0 Flag question Question text Malouf is afflicted with chronic hepatitis, a communicable disease, and an acknowledged disability. A prospective employer learns of Malouf's hepatitis and is unwilling to hire him, fearing that the disease will be communicated to others in the workplace. In making the decision about whether to hire Malouf: Select one: a. the employer must make the decision in the absence of any specific request for accommodation by Malouf. b. the employer must consider the cost of curing the disease. c. the employer is allowed to view the threat posed by a disability as distinct from the disability itself. d. the employer is not allowed to view the threat posed by a disability as distinct from the disability itself.
Question 70 Not yet answered Points out of 1.0 Flag question Question text In order to establish that a requested accommodation constitutes an undue hardship under the ADA, an employer must show that the accommodation Select one: a. will require the employer to incur a significant cost or obligation. b. is not readily achievable. c. will require the employer to incur more than a de minimis cost. d. will result in inconvenience to other employees.
Question 71 Not yet answered Points out of 1.0 Flag question Question text Sara has applied for a job as a stock clerk, at Danny Boy's Supermarket. During her interview, she reveals to the interviewer that at some point in the next ten months she will need to undergo surgery to remove a tumor in one of her vertebrae, and that even if the surgery is successful, her post-operative range of movement could be severely limited. The job for which Sara is applying requires a good deal of lifting and a wide range of movement, in order to place goods on the shelves? Select one: a. The possibility of future disability is, under the ADA, equal to a present disability, regardless of the probability of a disability materializing. b. Danny Boy's may decline to hire her if it is reasonably certain that, within the near future, she will be unqualified for the job she currently seeks. c. Danny Boy's must offer her the job, even though she may soon be rendered unqualified, if she agrees to defray the cost of any accommodation that may be necessary. d. Even though it appears that the surgery may result in Sara being not otherwise qualified for the job, Danny Boy's may not decline to offer her a job if, at the time of the interview, she is otherwise qualified.
Question 72 Not yet answered Points out of 1.0 Flag question Question text Health insurers and employers are prohibited from discriminating against people for flaws or disease risks revealed by genetic testing under the provisions of the Select one: a. Genetic Information Nondiscrimination Act b. Stem Cell Research Enhancement Act c. Americans with Disabilities Act d. Genomics and Personalized Medicine Act
Question 73 Not yet answered Points out of 1.0 Flag question Question text If the disability claimed by the employee is based on a disease, the court will determine if the employee is "otherwise qualified" by Select one: a. ascertaining whether the disease is psychological or physiological. b. comparing the employee's ability to perform the essential functions of the job with other disabled applicants. c. assessing the level of risk the employee poses to herself or to her co-workers. d. determining how long the employee will be capable of performing the essential functions of the job before the disease renders her totally disabled.
Question 74 Not yet answered Points out of 1.0 Flag question Question text If an employee needs an accommodation and the cost constitutes an undue burden, the employer must give the employee the option to pay part of the cost of the accommodation. Select one: a. True b. False
Question 75 Not yet answered Points out of 1.0 Flag question Question text TrentCo accidentally discovered that Sara routinely adds a little vodka to her morning coffee and that she is an alcoholic. Her manager realized that Sara's alcoholism must be the reason for Sara's absenteeism and he informed her of the availability of counseling services, giving her a choice between treatment and discipline. TrentCo also offered out-patient treatment and Sara participated in the program without success. When out-patient treatment failed, TrentCo offered to provide inpatient treatment and Sara refused. TrentCo fired Sara. According to the Court Select one: a. Sara has a valid claim under the ADA. b. Sara does not have a claim under the ADA because she is a functioning alcoholic and therefore her disability does not substantially limit a major life activity. c. TrentCo is liable under the ADA because it failed to offer time off from work after Sara refused to be admitted to an inpatient care facility. d. TrentCo is not liable under the ADA because it offered a reasonable accommodation and Sara refused.
Question 76 Not yet answered Points out of 1.0 Flag question Question text In Huber v. Wal-Mart Stores, Inc., the U.S. Court of Appeals for the Eight Circuit stated that it would follow Select one: a. the EEOC's enforcement guidance that a disabled employee, who can no longer perform the essential functions of her own position, should be reassigned to a vacant position for which she is minimally qualified. b. the Tenth Circuit's approach that reassignment under the ADA results in automatically awarding a position to a qualified disabled employee regardless whether other better qualified applicants are available, and despite an employer's policy to hire the best applicant. c. the Seventh Circuit's approach that ADA reassignment does not require an employer to reassign a qualified disabled employee to a job for which there is a more qualified applicant, if the employer has a policy to hire the most qualified applicant. d. the EEOC's enforcement guidance that a disabled employee, who can no longer perform the essential functions of her own position, should be reassigned to a vacant position only if she was the most qualified candidate for the vacant position.
Question 77 Not yet answered Points out of 1.0 Flag question Question text An individual requiring accommodation in order to perform the essential functions of a job is not otherwise qualified. Select one: a. True b. False
Question 78 Not yet answered Points out of 1.0 Flag question Question text Hugo is a sales representative for ChillOut Inc., a company that supplies frozen foods to supermarkets. His duties require that he travel to the stores to view inventory and talk to store managers. Due to multiple sclerosis, Hugo has become progressively weaker in his shoulder and elbows but he has strong hands. Hugo has requested that the company install a one-handed control system on one of its minivan so that he can drive it. The cost will be $35,000 to $45,000. Based on the size and financial position of the company, this is more than it can afford. ChillOut should tell Hugo that Select one: a. it cannot make the requested reasonable accommodation due to undue hardship and he should find another job. b. he should get another medical opinion to see whether there is another accommodation that is more affordable. c. it cannot make the requested reasonable accommodation due to undue hardship and ask him whether he is willing to pay the portion of the cost that constitutes an undue hardship. d. he should equip his personal vehicle with adaptive technology and use it for work.
Question 79 Not yet answered Points out of 1.0 Flag question Question text Which of the following would not be a reasonable accommodation required of an employer? Select one: a. adjustment or modifications of examinations used for promotion purposes. b. creating a new position that fits the abilities of the disabled person. c. providing a "sign language" interpreter for a deaf employee. d. reassignment of the disabled employee to a vacant position.
Question 80 Not yet answered Points out of 1.0 Flag question Question text According to EEOC guidelines, a reasonable accommodation includes: (I) Providing interpreters or readers for the disabled employee (II) Making the facilities usable by individuals with disabilities (III) Restructuring the job by lowering the standards for disabled employees (IV) Modifying work schedules Select one: a. All of the choices are correct. b. I & II c. I, II & III d. I, II & IV