TEST BANK and SOLUTION MANUAL for Employment
Law for Business, 10th Edition by Dawn Bennett-
Alexander
Title VII of the Civil Rights Act of 1964
1) Who does it cover
2) what entities does it apply to
3) what entities are exempt
4) what commission did it create - ANSWER: 1) Covers color, national orgin, race,
religion, and sex
Does NOT protect against disability
Memory Spark: CNRRS
2) Applies to:
---- all public & private employers with 15+ employees
---- public & private educational institutions
---- Federal, State and Local Governments
---- public & private employment agencies
---- labor unions with 15+ members
---- joint labor-management committees
3) EXEMPT
-- Government owned corps.
-- Indian Tribes
-- Bona fide private membership clubs
4) Created the EEOC
5) Reverse Discrimination is illegal under Title VII, you can not hire people with lower
skills just to fill a quota
Title VII: Sexual Harassment
* what are two ways to define sexual harassment - ANSWER: * Time limit to file a
sexual harassment claim is 180 days
* harassment on the basis of sex that:
-- interferes with an employee's performance
-- creates an intimidating or hostile work environment.
* Orgs have a legal obligation to maintain a work environment free of harassment
Unlawful Workplace Harassment
* what 3 laws does harassment fall under
* what types of people are protected from harassment - ANSWER: * Form of
employee discrimination that violates Title VII, ADEA and ADA
,* Can be based on race, color, religion, sex (including pregnancy), national origin, age
(older than 40), disability or genetic information.
Memory Spark: Title 7 plus A, D, G
Quid Pro Quo Sexual Harassment - ANSWER: * "This for that"
* Most obvious type of sexual harassment
* Sexual favors in exchange for a tangible employment action (promotion, raise,
demotion, etc.)
Hostile Work Environment
* Who does hostile work environment take place between - 2 scenarios - ANSWER: *
Sexual or other Discriminatory conduct that does not result in a tangible
employment action
* Supervisor - Sexual harassment does NOT have to result in tangible employment
action
* Non-supervisor - Sexual harassment between co-workers, or between employee
and non-employee
Hostile Work Environment - Harassment
* what are 3 behaviors that create a hostile work environment - ANSWER: *
Interferes with employee's performance
* Creates intimating or humiliating environment
* Affects employees emotional and psychological well-being
Hostile Work Environment - Sexual Harassment
* must be: - ANSWER: * Sexual in nature
* Severe or pervasive
* Unwelcome
Equal Pay Act of 1963 (EPA)
* what is it
* which law did it amend - ANSWER: * Required employers provide equal pay for
"substantially equal" work, regardless of sex. (equal: skills, effort, responsibility,
working conditions in the same establishment)
* Employers can pay men & women differently for substantially equal work as long
as the difference is not based on gender
-- ex. seniority, performance, working in different locations
* Employer cannot reduce the wages of either sex to equalize pay
* Covers all types of pay
,-- salary
-- overtime
-- bonuses
-- pay for time not worked
-- stock options
-- profit sharing plans
* Amended Title VII in 1972
* Amended FLSA
Pregnancy Discrimination Act of 1978 (PDA)
* what is it
* what 3 stages are covered
* who must pregnant employees be treated like
* what law did it amend - ANSWER: * Prohibits sex discrimination based on
pregnancy, childbirth, or related medical conditions
* Employer cannot refuse to hire a pregnant woman because of her pregnancy
* Temporarily disabled employees:
ex: if the employer allows temp. disabled employees to modify tasks, perform
alternative assignments or take disability leave or leave without pay, the employer
must allow pregnant employee to do the same.
* Amendment to Title VII
Age Discrimination in Employment Act of 1967 (ADEA)
1) what age does it protect
2) what employers does it apply to
3) can employers ask about age - ANSWER: 1) Prohibits discrimination against
individuals (employees and applicants) based on their age (40 years of age or older)
* Employers (with very few exceptions) can no longer force an employee to retire
2) Applies to most employers with 20 or more employees.
3) ADEA does not specifically prohibit an employer from asking about an applicants
age or date of birth.
Civil Rights Act of 1991
* what is the law
1) what type of discrimination must take place for an individual to make a claim
under this Act
2) what 2 things did this act allow employees to do
3) Under what 2 types law can someone make this claim
, 4) What is the maximum award for employers of 500+
5) What type of case did it define - ANSWER: * Unlawful employment practice is
established when race, color, religion, sex, or national origin was a motivating factor
for any employment practice, even though other factors also motivated the practice
1) In cases of Disparate Treatment (Intentional)
2) Section 102 allows employees to sue for compensatory and punitive damages
2) Allowed employees the right to a jury trial
3) Applies to claims made under Title VII or the ADA
4) $300,000 for combined compensatory and punitive damages
5) Codified the use of a mixed-motive case
Memory Spark: Civil Rights = Race Related
Memory Spark: Civil Rights Protests happen DownTown (DT = disparate treatment)
Mixed Motive Case - ANSWER: * A case in which an employer had both legitimate
and illegitimate reasons for making an employment decision.
* Unlawful practice is established when the discriminatory factor motivated
employment practice, even if another non-discriminatory factor was present
* Employers cannot avoid guilt or liability by demonstrating they would have taken
the same employment action even without the discriminatory motive.
* USSC ruled that mixed-motive claims are never permissible under the Age
Discrimination in Employment Act (ADEA).
Americans with Disabilities Act of 1990 (ADA)
* what does the ACT state and who is covered
1) Who is a qualified individual
2) when is it OK for an employer NOT to make a reasonable accommodation
3) must an employer lower performance standards or stop using tests
4) Can employers ask for a medical exam
5) Can employer ask health related questions
Law for Business, 10th Edition by Dawn Bennett-
Alexander
Title VII of the Civil Rights Act of 1964
1) Who does it cover
2) what entities does it apply to
3) what entities are exempt
4) what commission did it create - ANSWER: 1) Covers color, national orgin, race,
religion, and sex
Does NOT protect against disability
Memory Spark: CNRRS
2) Applies to:
---- all public & private employers with 15+ employees
---- public & private educational institutions
---- Federal, State and Local Governments
---- public & private employment agencies
---- labor unions with 15+ members
---- joint labor-management committees
3) EXEMPT
-- Government owned corps.
-- Indian Tribes
-- Bona fide private membership clubs
4) Created the EEOC
5) Reverse Discrimination is illegal under Title VII, you can not hire people with lower
skills just to fill a quota
Title VII: Sexual Harassment
* what are two ways to define sexual harassment - ANSWER: * Time limit to file a
sexual harassment claim is 180 days
* harassment on the basis of sex that:
-- interferes with an employee's performance
-- creates an intimidating or hostile work environment.
* Orgs have a legal obligation to maintain a work environment free of harassment
Unlawful Workplace Harassment
* what 3 laws does harassment fall under
* what types of people are protected from harassment - ANSWER: * Form of
employee discrimination that violates Title VII, ADEA and ADA
,* Can be based on race, color, religion, sex (including pregnancy), national origin, age
(older than 40), disability or genetic information.
Memory Spark: Title 7 plus A, D, G
Quid Pro Quo Sexual Harassment - ANSWER: * "This for that"
* Most obvious type of sexual harassment
* Sexual favors in exchange for a tangible employment action (promotion, raise,
demotion, etc.)
Hostile Work Environment
* Who does hostile work environment take place between - 2 scenarios - ANSWER: *
Sexual or other Discriminatory conduct that does not result in a tangible
employment action
* Supervisor - Sexual harassment does NOT have to result in tangible employment
action
* Non-supervisor - Sexual harassment between co-workers, or between employee
and non-employee
Hostile Work Environment - Harassment
* what are 3 behaviors that create a hostile work environment - ANSWER: *
Interferes with employee's performance
* Creates intimating or humiliating environment
* Affects employees emotional and psychological well-being
Hostile Work Environment - Sexual Harassment
* must be: - ANSWER: * Sexual in nature
* Severe or pervasive
* Unwelcome
Equal Pay Act of 1963 (EPA)
* what is it
* which law did it amend - ANSWER: * Required employers provide equal pay for
"substantially equal" work, regardless of sex. (equal: skills, effort, responsibility,
working conditions in the same establishment)
* Employers can pay men & women differently for substantially equal work as long
as the difference is not based on gender
-- ex. seniority, performance, working in different locations
* Employer cannot reduce the wages of either sex to equalize pay
* Covers all types of pay
,-- salary
-- overtime
-- bonuses
-- pay for time not worked
-- stock options
-- profit sharing plans
* Amended Title VII in 1972
* Amended FLSA
Pregnancy Discrimination Act of 1978 (PDA)
* what is it
* what 3 stages are covered
* who must pregnant employees be treated like
* what law did it amend - ANSWER: * Prohibits sex discrimination based on
pregnancy, childbirth, or related medical conditions
* Employer cannot refuse to hire a pregnant woman because of her pregnancy
* Temporarily disabled employees:
ex: if the employer allows temp. disabled employees to modify tasks, perform
alternative assignments or take disability leave or leave without pay, the employer
must allow pregnant employee to do the same.
* Amendment to Title VII
Age Discrimination in Employment Act of 1967 (ADEA)
1) what age does it protect
2) what employers does it apply to
3) can employers ask about age - ANSWER: 1) Prohibits discrimination against
individuals (employees and applicants) based on their age (40 years of age or older)
* Employers (with very few exceptions) can no longer force an employee to retire
2) Applies to most employers with 20 or more employees.
3) ADEA does not specifically prohibit an employer from asking about an applicants
age or date of birth.
Civil Rights Act of 1991
* what is the law
1) what type of discrimination must take place for an individual to make a claim
under this Act
2) what 2 things did this act allow employees to do
3) Under what 2 types law can someone make this claim
, 4) What is the maximum award for employers of 500+
5) What type of case did it define - ANSWER: * Unlawful employment practice is
established when race, color, religion, sex, or national origin was a motivating factor
for any employment practice, even though other factors also motivated the practice
1) In cases of Disparate Treatment (Intentional)
2) Section 102 allows employees to sue for compensatory and punitive damages
2) Allowed employees the right to a jury trial
3) Applies to claims made under Title VII or the ADA
4) $300,000 for combined compensatory and punitive damages
5) Codified the use of a mixed-motive case
Memory Spark: Civil Rights = Race Related
Memory Spark: Civil Rights Protests happen DownTown (DT = disparate treatment)
Mixed Motive Case - ANSWER: * A case in which an employer had both legitimate
and illegitimate reasons for making an employment decision.
* Unlawful practice is established when the discriminatory factor motivated
employment practice, even if another non-discriminatory factor was present
* Employers cannot avoid guilt or liability by demonstrating they would have taken
the same employment action even without the discriminatory motive.
* USSC ruled that mixed-motive claims are never permissible under the Age
Discrimination in Employment Act (ADEA).
Americans with Disabilities Act of 1990 (ADA)
* what does the ACT state and who is covered
1) Who is a qualified individual
2) when is it OK for an employer NOT to make a reasonable accommodation
3) must an employer lower performance standards or stop using tests
4) Can employers ask for a medical exam
5) Can employer ask health related questions
