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Under the ____, it is illegal to pay men and women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions


A) Equal Conditions Act
B) Equal Compensation Act
C) Equal Pay Act
D) Civil Rights Act
E) Common Wage Act

F) C) and E)
G) A) and E)

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Title VII of the 1964 Civil Rights Act does not protect against discrimination in employment based on religion.

A) True
B) False

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When a person believes she or he has been the victim of discrimination covered by Title VII, the first step is to file a complaint with the federal or a state equal employment opportunity agency.

A) True
B) False

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It would be age discrimination for an employer to advertise that it wants to hire a young, dynamic person for a position working with young people that requires a high-level of energy and the ability to relate to teenagers.

A) True
B) False

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Sexual harassment does not appear to include:


A) commenting on physical attributes
B) asking a co-worker to go on a date
C) using crude or offensive language directed at a woman
D) deliberate, unsolicited touching of a sexual nature
E) all of the other choices may be included

F) B) and E)
G) B) and C)

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In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are:


A) non-existent
B) more protective of women and minorities
C) less protective of women, but more protective of minorities
D) less protective of minorities, but more protective of women
E) none of the other choices

F) A) and E)
G) B) and C)

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Charles owns a club whose patrons are mostly African-American. He hires only African-Americans to serve drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue that the reason he denied Li the job is because being African-American is a bona fide occupational qualification, a court would find that Charles:


A) is wrong; he has illegally discriminated
B) is wrong, based on the merit system doctrine
C) is correct, minority employers can take into account customer preferences as a BFOQ
D) is correct, based on affirmative action
E) is correct, based on the Fourteenth Amendment

F) C) and D)
G) A) and E)

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The Equal Pay Act of 1963 was:


A) the last in a series of federal employment discrimination statutes
B) the most recent federal employment discrimination statute
C) the first state employment discrimination statute
D) a major setback for supporters of antidiscrimination legislation
E) none of the other choices are correct

F) C) and D)
G) B) and C)

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Which of the following is a reasonable accommodation required of employers under the Americans with Disabilities Act:


A) making existing facilities accessible
B) job restructuring
C) providing readers to blind employees
D) modifying equipment
E) all of the other specific choices are reasonable accommodations

F) All of the above
G) B) and C)

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Fact Pattern 17-1 Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired, her boss, John, began to make suggestive comments to her. He complemented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away. John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to "put out." He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn't get along with him, he would fire her and tell people it was because she came to work stoned. Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. -Refer to Fact Pattern 17-1. If Loretta lived in a jurisdiction that followed the common law only, what would be the result of her suing John for employment discrimination? She would:


A) win because John created a hostile work environment
B) win because John broke his employment contract with her
C) lose because she violated the Statute of Frauds by not informing John of her past drinking problems
D) lose because of at-will employment
E) lose because women were not permitted to work under the common law

F) A) and B)
G) C) and D)

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If, at a trial where a person has claimed employment discrimination has occurred, and the employer has offered a rationale for what happened, then:


A) the plaintiff need do no more if a prima facie case had been established; the plaintiff wins
B) the employer wins
C) the court requests testimony from the EEOC about its investigation and opinion of the case
D) the plaintiff must show the employer's reason is a pretext or excuse for illegal behavior
E) the court usually sends the case to arbitration for resolution

F) A) and D)
G) A) and E)

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Which of the following would not be a violation of the Rehabilitation Act or the Americans with Disabilities Act, because it goes beyond the scope of the legislation?


A) using standardized tests that screen out people with disabilities
B) refusing to hire job applicants because they have a history of drug abuse
C) asking job applicants if they have disabilities
D) not hiring a disabled person because the bathrooms cannot accommodate wheelchairs
E) all of the other choices are likely illegal

F) A) and D)
G) A) and B)

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Under Title VII, race includes white, black, Hispanic, Asian and American Indians.

A) True
B) False

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There are basically two types of sexual harassment: quid pro quo and aggravated.

A) True
B) False

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The preferential treatment of members of protected classes is:


A) reverse discrimination
B) irrational discrimination
C) legal discrimination
D) equalizing discrimination
E) guilt-driven discrimination

F) C) and E)
G) D) and E)

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If the EEOC investigates a discrimination claim and finds no reasonable cause:


A) it will dismiss the charge
B) it will pass the charge on to the Supreme Court
C) it will fine the employer, but not send the case to court
D) it will issue a right to sue letter
E) it will fine the plaintiff

F) A) and C)
G) C) and D)

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According to Title VII, it is ____ to use professionally developed ability tests to determine whether job applicants possess the necessary skills and attributes.


A) never legal
B) legal as long as there is statistical validation of the tests
C) legal as long as the company has used the test before
D) illegal without a special court issued dispensation
E) none of the other choices are correct

F) B) and D)
G) C) and D)

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Disparate treatment (under Title VII) refers to:


A) intentional discrimination
B) unintentional discrimination
C) illegally motivated employment decision
D) intentional discrimination and illegally motivated employment decisions
E) unintentional discrimination and illegally motivated employment decisions

F) None of the above
G) A) and B)

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Title VII of the Civil Rights Act applies to which of the following:


A) private employers with 15 or more employees
B) employment agencies
C) labor unions in the private sector
D) labor unions in the public sector
E) Title VII applies to all of the other specific choices

F) A) and D)
G) All of the above

Correct Answer

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In Lewis v. Heartland Inns of America the appeals court held that Lewis presented a prima facie case of discrimination and that Heartland's defense appeared to be a pretext.

A) True
B) False

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