QUESTIONS AND ANSWERS GUARANTEE A+
✔✔What did the U.S.C. Section 1981 provide to all citizens, including those of African
descent?
The right to have segregation between people of different racial backgrounds
The banishment of all segregation for the purpose of creating equality among all people
The right to make and enforce contracts, to sue, be parties, give evidence, and to the
full and equal benefit of all laws
The abolishment of slavery - ✔✔The right to make and enforce contracts, to sue, be
parties, give evidence, and to the full and equal benefit of all laws
✔✔How long does the application Title VII continue after a firm has reached a critical
mass of 15 employees?
Two years
Title VII application will only continue if the firm has more than fifteen employees
One year
Five years - ✔✔One year
✔✔In 1972, Congress amended Title VII, by passing the _______________________
which give the EEOC authority to conduct its own enforcement litigation.
Anti-Trust Act
Anti-Segregation Act
Equal Employment Opportunity Act
National Labor Relations Act - ✔✔Equal Employment Opportunity Act
✔✔What is the main purpose of the Equal Pay Act of 1963?
Protect men and women who perform substantially equal work in the same
establishment from sex-based wage discrimination
Protect people of different racial backgrounds from being discriminated against
Protect children being forced to perform labor under minimum wage
Protect qualified individuals with disabilities who work in the federal government -
✔✔Protect men and women who perform substantially equal work in the same
establishment from sex-based wage discrimination
✔✔Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008
Amendments (ADAAA) prohibit disability discrimination in the:
Federal contractors
Private sector
Public sector
Public and private sector - ✔✔Private sector
,✔✔An employer's decision to take some adverse action against an applicant or
employee based upon knowledge and consideration of a protected class characteristic
which has little or nothing to do with whether a person can perform the essential
functions of a job is known as __________.
Racism
Retaliation
Discriminatory intent
Disparate impact - ✔✔Discriminatory intent
✔✔An employer may claim that 50 percent of employees are non-white minorities or
women. However, if the minority employees or women are concentrated in low paying
positions, and all the white employees hold high paying managerial positions, this would
be best described as:
Practice intent
Discriminatory intent
Disparate treatment
Pattern and practice discrimination - ✔✔Pattern and practice discrimination
✔✔Which of the following is not an unlawful practice under Title VII:
Limiting, segregating, or classifying employees based on race
Refusing to hire or discharge an individual based on race, color, religion, sex or
national origin
Changing time schedules for individuals because of religious conflict
Adversely affecting the status of an employee based on race, religion, sex, or national
origin - ✔✔Changing time schedules for individuals because of religious conflict
✔✔The seminal case establishing the concept of disparate impact is:
Anderson v. Biggs Financial
Blouwer v. Power Corp
Duke Power v. Anderson
Griggs v. Duke Power - ✔✔Griggs v. Duke Power
✔✔When an employer's facially neutral procedures, policies, or practices are "not job-
related and consistent with a business necessity" and have the effect of creating an
unnecessary obstacle to employment opportunity for a specific protected class, they are
said to have __________________.
Intentional racism
Disparate treatment
Adverse treatment
Disparate impact - ✔✔Disparate impact
✔✔Examples of facially neutral polices and protected classes that may be impacted
might include:
Height and weight restrictions - gender/national origin
Language requirements - national origin
, Physical strength tests - gender
All of the Above - ✔✔All of the Above
✔✔The four-fifths rule provides that a screening device - test or other hiring criteria - will
be discriminatory if the selection rate of a protected class is less than ____ percent of
the majority.
10
50
80
100 - ✔✔80
✔✔Which of the following is not something a complaining party must show in a case of
pretext?
The complaining party was qualified for the position
The employer kept looking to fill the position
The complaining party was previously employed by the employer in question
The complaining party was denied the position - ✔✔The complaining party was
previously employed by the employer in question
The complaining party must show:
1) he or she is a member of a particular protected class; 2) he or she applied for the job;
3) the job was available;
4) he or she was qualified for the position;
5) he or she was denied the position; and
6) the employer kept looking to fill the position.
✔✔In the McDonnell Douglas, Corp. v. Green case, the U.S. Supreme court remanded
the matter to the lower court to conduct a hearing under the prima facie standards it
established.
TRUE or FALSE - ✔✔True
Sometimes employers offer a reasonable explanation for the alleged discrimination.
Indeed, most employers are sophisticated enough not to be blatant in stating
discriminatory intent. In these cases the plaintiffs may allege that the supposed
legitimate reasons for adverse employment action is merely a pretext or cover-up for
discrimination. The foundational case that established the notion of pretextual
discrimination is McDonnell Douglas, Corp. v. Green.
✔✔Unlike disparate treatment based upon __________ characteristics, retaliation
involves adverse job action based upon an employee's lawful actions.
Class
Industry
Personal
Job - ✔✔Class