C233 EMPLOYMENT ACTUAL LAW EXAM COMPLETE
REAL EXAM QUESTIONS AND CORRECT VERIFIED
ANSWERS (A NEW UPDATED VERSION) |GUARANTEED
PASS A+ (BRAND NEW!!)
Title VII of the Civil Rights Act
1964 - ANSWER: Employers cannot discriminate based on race, color, religion, sex, or
national origin
Applies to all public or private employers with 15+ employees; private and public
educational institutions; federal, state, and local governments; public and private
employment agencies; labor unions with 15+ members; and joint labor-management
committees
Created EEOC
Title VII: Sexual Harassment - ANSWER: Defined sexual harassment as harassment on
the basis of sex that interferes with an employee's performance or that creates an
intimidating or hostile work environment
Orgs have a legal obligation to maintain a work environment free of harassment
Types of sexual harassment - ANSWER: Quid pro quo
Hostile work environment by supervisors
Hostile work environment by nonsupervisors
Quid pro quo sexual harassment - ANSWER: "This for that"
Ex. a supervisor might request sexual favors in exchange for a tangible employment
action
Hostile work environment by supervisors - ANSWER: Sexual harassment does not
have to result in a tangible employment action
Sexual harassment can occur if the behavior of a supervisor:
1. Interferes with an employee's performance
2. Creates an intimidating or humiliating environment
3. Affects an employee's emotional and psychological well-being
Hostile work environment by nonsupervisors - ANSWER: Sexual harassment does not
take place only between a supervisor and a subordinate; can also occur between co-
workers or employee/nonemployee
Sexual harassment can occur if the behavior creates an environment that:
1. Interferes with an employee's performance
2. Creates an intimidating or humiliating environment
3. Affects an employee's emotional and psychological well-being
Hostile work environment - ANSWER: Harassment must be:
1. Sexual in nature
,2. Severe or pervasive
3. Unwelcome
Executive Orders 11246 and 11375 - ANSWER: Issued by President Johnson
Require federal contractors to take affirmative action to ensure equal employment
opportunity
Affirmative action does not require or allow quotas, but rather represents efforts to
ensure that women and minorities do not face barriers to employment and to take
steps to ensure they are not underutilized
ADEA - Age Discrimination in Employment Act of 1967 - ANSWER: Prohibits
discrimination of people 40+ years of age
Rehabilitation Act of 1973 - ANSWER: Prohibits discrimination against individuals
with disabilities by federal contractors and the federal government
Requires federal contractors to take affirmative action for individuals with disabilities
Civil Rights Act
1991 - ANSWER: Allowed employees to sue for compensatory or punitive damages,
plus right to a jury trial in disparate treatment (intentional)
Codified the use of a mixed-motive case
- Unlawful practice is established when discriminatory factor motivated practice,
even if another motive was present
ADA - Americans with Disabilities Act
1990 - ANSWER: Prohibits discrimination against a qualified individual with
disabilities
Protects individuals with any physical or mental impairment that substantially limits
one or more major life activity
Includes any physiological disorder or condition, cosmetic disfiguration or anatomical
loss affecting one or more body system, or any mental disorder
Defined and required reasonable accommodation
Restricts medical exams and inquiries
Qualified individual (ADA) - ANSWER: One who, with or without reasonable
accommodation, can carry out the essential functions of a job
Reasonable accommodation (ADA) - ANSWER: 1. Modifications to a job application
process to enable an applicant to be considered
2. Modifications to the work environment under which the position is customarily
performed that enable individual to perform the essential functions
3. Modifications that enable an employee to enjoy equal benefits and privileges
enjoyed by other similarly situated employees without disabilities
Employer obligations (ADA) - ANSWER: Must make a reasonable accommodation
unless it would result in undue hardship
Not required to lower existing performance standards or stop using tests for a job
, May ask pre-employment questions about essential job functions but cannot make
inquiries about disability
Medical exams/testing must be job-related
Job application forms, interview procedures, and job descriptions must be reviewed
for illegal questions and statements and adjusted accordingly
Defenses (ADA) - ANSWER: - Disability poses a direct threat
- Qualification standards are job-related and consistent with business necessity
Employers are not required to tolerate misconduct or erratic performance, even if
the behaviors can be attributed to an employee's disability
Employers do not have to create a new job for a disabled worker or reassign that
person to a light-duty position for an indefinite period unless such a position exists
ADAAA - Americans with Disabilities Act Amendment Act
2008 - ANSWER: Broadened the scope and specified more of what should be
considered a disability
Expanded definition of "major life activities" into two non-exhaustive lists including
job activities and major bodily functions
Clarified that mitigating measures other than ordinary eyeglasses or contacts shall
not be considered in assessing whether an individual has a disability
Specified that an impairment that is episodic or in remission is a disability if it would
substantially limit a major life activity when active
McDonnell-Douglas - ANSWER: Lays out the framework for proving a disparate
treatment (intentional discrimination) case
Griggs v. Duke Power Company - ANSWER: Burden of proof that employment
practices are job related lies on employer
Intent or lack thereof is irrelevant
Created "business necessity" defense
Albemarle Paper Company v. Moody - ANSWER: Performance standards must be
clear and unambiguous
If a test is used, job duties must be analyzed
Disparate or adverse impact - ANSWER: Unintentional discrimination
Refers to how neutral employer policies and procedures may negatively affect the
employment, placement, or promotion of people in protected groups
How to determine adverse impact - ANSWER: 1. Population comparisons
2. Disparate rejection rates (4/5th rule)
Population comparison (adverse impact) - ANSWER: Examines the percentage of the
protected group and majority workers in the organization and compares that
information with the percentage of the corresponding groups in the labor market