Civil Rights and Employment Discrimination

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CHAPTER 13

Civil Rights and Employment Discrimination
TRUE-FALSE QUESTIONS
1.

Many states have passed their own fair employment acts.
ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

2.

The federal statutes on race, gender and employment discrimination apply both to employees and independent contractors.
ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

3.

A plaintiff claiming disparate impact discrimination based on sex must prove that the employer intentionally discriminated against him or her by denying a benefit or privilege of employment (such as a promotion or pay raise) based upon the individual’s sex. ANSWER: False

SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

4.

It is not necessary to prove intentional discrimination to prevail in a disparate impact case. ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

5.

Plaintiffs in Title VII cases may only bring claims of harassment based on sex. ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

6.

A claim for sexual harassment may be asserted by either male or female employees. ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

7.

The U.S. Supreme Court has ruled that a showing of a serious effect on an employee’s psychological well-being is necessary for a hostile work environment claim under Title VII. ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

188

189

8.

MANAGERS AND THE LEGAL ENVIRONMENT

A majority of the federal courts of appeals have struck down claims for hostile work environment in so-called paramour cases where coworkers have claimed that an employee has received preferential treatment by a supervisor has a result of having sexual relations with the supervisor. ANSWER: True

SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

9.

Legislation to amend Title VII to include sexual orientation has not been enacted. ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

10.

A report prepared by the Equal Employment Opportunity Commission in 2003 shows a steady decrease in religious discrimination claims under Title VII. ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

11.

To prevail on a claim for retaliation, a plaintiff does not need to prevail on his or her Title VII discrimination claim.
ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

12.

Under federal law there are no caps on either compensatory or punitive damages when sexual harassment is involved.
ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

13.

The Age Discrimination in Employment Act of 1967 protects all persons over 35. ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

14.

Gender will qualify as a BFOQ where a gender-based restriction is based on the preferences of coworkers, employers, or customers for one sex or the other. ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

15.

Under the Americans with Disabilities Act (ADA) a person who is only regarded as having an impairment that substantially limits one or more of that person’s major life activities cannot qualify as disabled.

ANSWER: False

CHAPTER 13

CIVIL RIGHTS AND EMPLOYMENT DISCRIMINATION

190

SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal
16.

If two individuals aged 25 and 35 apply for the same position, under federal law the employer may not lawfully reject either applicant on the basis of age. ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

17.

Title VII has been successfully used to challenge English-only workplace rules. ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

18.

Title VII provides that an employer may lawfully hire an individual on the basis of religion, sex, or national origin if religion, sex, or national origin is a bona fide occupational...
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