If there are both legitimate and illegitimate reasons for discrimination then it amounts to: Mixed motive cases Disparate impact cases Disparate treatment cases Consumer...

If there are both legitimate and illegitimate reasons for discrimination then it amounts to:

1. Mixed motive cases

2. Disparate impact cases

3. Disparate treatment cases

4. Consumer cases

Where a plaintiff establishes illegal discrimination, not on the basis of intentional discriminatory but on the basis of statistical evidence that an employer practice has an adverse impact on a protected class, then it amounts to:

1. Disparate treatment analysis

2. Disparate impact analysis

3. Mixed motive cases

4. None

The employer’s subjective intent to discriminate is required in a:

1. Mixed motive case 555

2. Disparate impact case

3. Disparate treatment case 236, 307

4. Antidiscrimination case

Interview questions must be linked to:

1. Job analysis and performance criterion data

2. Interpretation of federal laws

3. Equal Employment Opportunity commissions guidelines

4. A particular international treaty

The Congress in 1991 provided that Anthe employees who face discrimination at work place; in a disparate treatment case may recover:

1. Only compensatory damages

2. Only punitive damages

3. Only the other form of relief provided by the Act

4. Compensatory and punitive damages and other relief under the Act

After the 1991 amendments in the Civil Rights Act, plaintiffs can now request that a case be tried before a jury-a major benefit to:

1. Minorities

2. Immigrants

3. Employers

4. Employees

If a secretary doing high-level administrative work for a company is paid less than a custodial engineer working for the same company; the Equal Pay Act:

1. Helps the secretary alter the pay inequity

2. Would not help the secretary change the pay inequity

3. Mandates the company to give equal pay to both of them

4. Mandates dismissal of the secretary for raising the issue of pay inequity

Forms of equal pay legislation that were meant to address the discrimination were grounded in the principle of:

1. Inequality at work

2. Women and equal pay

3. Equal pay for equal work

4. Equal pay for women

When an employee believes that her boss fired her on the basis of gender, she must produce evidence under Civil Rights Act that the firing was:

1. Not according to the employment agreement

2. Based on illegal discrimination using the disparate treatment analysis

3. Based on the conspiracy done by a colleague

4. Based on the ulterior wrongful motive of the employer

To succeed under Civil Rights Act, women must present evidence that the employer uses criteria for decision making (whether for hiring, promotions, or other use) that have a disproportionately greater:

1. Natural impact on a women

2. Impact on men and women

3. Negative impact on women

4. Positive impact on women

It is unnecessary to prove discriminatory intent in a:

1. Disparate impact case

2. Racial discrimination case

3. Sexual discrimination case

4. Discrimination based on their color

An employer facing a disparate impact case can defend itself by producing evidence that the practices or policies that have an adverse impact on a protected class are:

1. Harmful to the business and are not job-related

2. Necessary to the business and are job related

3. Optional to the business and job related

4. Conditional to the business and are job related

The accommodation requirement to similar to, but not as restrictive as, the accommodation requirement of the Americans with:

1. Disabilities act

2. Equality act

3. Civil rights act

4. Human rights act

Employers must take into consideration the need of employees and make whatever reasonable changes and modification are necessary to make it possible for employees to continue to work for the employer.  This principle is known as:

1. Rehabilitation

2. Accommodation

3. Consideration

4. Adjustment of status

Employers are advised to establish rules for all request for religious accommodation which are:

1. Incoherent

2. Consistent

3. Mandatory

4. Confusing

Legal problems can be avoided by honestly evaluating a requested accommodation to determine whether it is reasonable and whether it presents more than a minimal burden on the:

1. Employee

2. Judiciary

3. Company

4. Financial health

One of the benefits of a collective bargaining agreement is that the rights of the workers are spelled out clearly in a comprehensive and detailed

1. Discussion

2. Argument

3. Written contract

4. Speech

According to the Equal Employment Opportunity Commission guidelines, religious accommodations for employees can be made:

1. With undue hardship on the conduct of the employer’s business

2. Without undue hardship on the conduct of the employer’s business

3. With benefit to the conduct of the employer’s business

4. With development of the employer’s business

A person who has a record of impairment can meet one of the criteria of a person with:

1. Disability

2. Ability

3. Liability

4. Capacity

Under the American with Disabilities Act, an impairment caused by the current use of illegal drugs ____________________ for the purposes of law.

1. Could be a disability

2. Shall be a liability

3. Would not be a disability

4. Shall not a liability

Under ADA an employer making “inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability” is:

1. Instructed

2. Mandatory

3. Prescribed

4. Prohibited

Essential functions of the job of an individual are defined by the:

1. Contractor

2. Employee

3. Manager

4. Employer

In a disability discrimination case, once the petitioner had made a prima facie showing of discrimination, the next question for the courts would be whether respondent offered a legitimate, _____________ reason for its action

1. Discriminatory

2. Nondiscriminatory

3. Appropriate

4. Pertinent

An employer may have a defense if he maintains that the employee was dismissed due to inappropriate behavior.  This situation may arise frequently in cases involving:

1. Physical inability

2. Mental disability

3. Financial disability

4. Fiscal inability

Explain briefly the remedies available under the Civil Rights Act of 1991.

Tom, the supervisor of a company offered Rita, a female employee a promotions if she agreed to a sexual relationship with him.  While Rita initially refused, she relented when Tom threatened to fire her because she did not go along.  Later, she initiated action against both Tom and the employer.  Is the employer liable?

What is reasonable accommodation?  State the factors that determine undue hardship.  Reasonable accommodation is any type of adjustment or modification to a job or the work environment that will cause a qualified employee or applicant with a disability to participate in the application process or perform certain jobs necessary.  It also includes any type of adjustments to assure that the qualified person with any disability is treated the same and equal to anyone else.

How does the American with Disabilities Act (ADA) define an individual with disability?  51, 566, 38, 145