Exam Prep Chapter.5 Discrimination Based On Sex 2nd Edition

Test Bank

Chapter 5

Discrimination Based on Sex

True/False

1. As an actionable Title VII claim, discrimination on the basis of sex can only result from disparate treatment.

2. Treating an individual differently based on the individual’s sexual orientation/preference is an unlawful employment practice under Title VII.

3. Overt sex discrimination can occur in any employment decision.

4. It is perfectly legal for employers to utilize dress codes, provided the codes are imposed on both male and female employees.

5. The method used to discipline employees can result in a sex discrimination charge.

6. An employer should avoid imposing employee dress codes and appearance policies because it is impossible to hold male and female employees to the same standards since the clothing worn by each sex is so different.

7. Statistical employment imbalances on the basis of sex can establish a Title VII complaint through disparate impact.

8. On an employment application, asking for information about emergency contacts is no longer recommended.

9. Sex stereotyping results in actionable discrimination because the Supreme Court has ruled that it violates Title VII’s basic requirement that gender must be irrelevant to employment decisions.

10. It is important to note that mixed motive and pretexual motive are interchangeable words.

11. The Pregnancy Discrimination Act is that Title VII views pregnancy as a medical condition.

12. Pregnant female employees must be permitted to work at all times during their pregnancies so long as they are able to perform their jobs.

13. Federal courts have ruled that only married female employees were entitled to medical benefits for pregnancy.

14. The Lilly Ledbetter Fair Pay Act of 2009 protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.

15. The Supreme Court allows the use of sex-based actuarial tables in calculating pension contributions or retirement annuities.

16. The first three legal proofs required to substantiate quid pro quo sexual harassment and hostile environment sexual harassment are the same.

17. Hostile environment sexual harassment occurs when an individual’s acceptance or rejection of unwanted conduct of a sexual nature affects a tangible job benefit.

18. The fourth proof for establishing a prima facie case of sexual harassment determines whether it is a hostile environment or quid pro quo sexual harassment.

19. In a hostile environment claim, the pool of potential harassers is limited to supervisors/managers.

20. Titles are never a sufficient indicator of management status; this is determined by duties, responsibilities, and authority.

Multiple Choice

1. The second largest source of Title VII violations is:

A. religious discrimination

B. race discrimination

C. sex discrimination

D. national origin discrimination

2. The term _______ under Title VII refers to a biological condition and not an activity or preference.

A. color

B. sex

C. sexual orientation

D. race

3. Treating individuals differently because they do not conform to society’s expectations of appropriate gender-related behavior is ________.

A. mixed motive

B. overt sex discrimination

C. sex stereotyping

D. pretextual discrimination

4. Sex is one of the ____________ protected classes in which BFOQ defenses are permitted.

A. two

B. three

C. four

D. five

5. Which is an example of an instance in which male sex has been a BFOQ?

A. A janitor in a men’s bathroom

B. A flight attendant

C. Salesperson in a lingerie department

D. High school teacher

6. Which is not an instance in which female sex has been ruled to be a BFOQ?

A. counselor in a rape crisis center

B. flight attendant

C. model for a lingerie company

D. actress

7. In most instances, HR professionals will need to ensure employment decisions are predicated on ____________.

A. mixed motives

B. a constructive discharge

C. BFOQs

D. a legitimate nondiscriminatory rationale

8. Which answer best completes the following statement? Applications and interviews have been declared “tests” by ____________.

A. Uniform Guidelines

B. court decisions

C. Uniform Guidelines and court decisions

D. none of the above

9. Which question is permissible during pre-employment interviews?

A. Number of children

B. Marital status

C. Who to contact in an emergency

D. Relevant work experience

10. A generalized belief about behaviors or characteristics attributed to a certain sex is:

A. sex stereotyping

B. sex discrimination

C. constructive discharge

D. quid pro quo sexual harassment

11. Price Waterhouse v. Hopkins is an example of a court case based on a ____________ employment decision.

A. mixed motives

B. constructive discharge

C. BFOQ

D. legitimate nondiscriminatory

12. Since mixed motive is analyzed as a/an ____________, the employer is exposed to a broader range of liabilities.

A. disparate impact case

B. adverse impact case

C. disparate treatment case

D. separate theory of discrimination

13. Phillips v Martin Marietta Corp. is an example of a court case based on ____________.

A. sex-plus discrimination

B. quid pro quo sexual harassment

C. mixed motives

D. hostile environment sexual harassment

14. The Pregnancy Discrimination Act of 1978 amended ____________ to include discrimination on the basis of pregnancy, childbirth, or related medical conditions.

A. the Fair Pay Act

B. the Equal Pay Act

C. Title VII

D. the Norris-LaGuardia Act

15. An employer cannot terminate a female employee for:

A. becoming pregnant.

B. refusing to adhere to the standard dress code for all employees

C. consistent tardiness because she is taking her children to school

D. failure to follow through on sales calls

16. In order to establish a prima facie case of pregnancy discrimination, which is not a requirement?

A. That she was pregnant.

B. That she was qualified for the job.

C. That she was subjected to an adverse employment decision.

D. That she is married.

17. The statute making it unlawful to differentiate pay on the basis of sex for individuals in the workplace is

A. the Fair Pay Act

B. the Norris LaGuardia Act

C. the Equal Pay Act

D. the Civil Rights Act of 1991

18. The prohibition on discrimination in compensation on the basis of sex is enforced by the:

A. EEOC

B. ADEA

C. OFCCP

D. NLRB

19. Differences in pay because of national origin violate ____________ rather than the Equal Pay Act.

A. the National Labor Relations Act

B. the Lilly Ledbetter Fair Pay Act

C. the Civil Rights Act of 1991

D. Title VII

20. By fiscal year 2013 sexual harassment complaints had come to represent ____________ of all harassment charges filed under Title VII.

A. less than half

B. over half

C. roughly one quarter

D. roughly three quarters

21. The form of actionable harassment that occurs by withholding or granting of tangible employment benefits in exchange for sexual favors is:

A. sex-plus discrimination

B. quid pro quo sexual harassment

C. mixed motives

D. hostile environment sexual harassment

22. ____________ occurs when job conditions have become so unpleasant that a reasonable person would have felt compelled to resign.

A. A mixed motive

B. Constructive discharge

C. Direct liability

D. Legitimate nondiscrimination

23. A hostile work environment could conceivably be created by which of the following?

A. supervisor

B. coworker

C. vendor

D. all of the above

24. Since the perpetrator is often a supervisor who relies on actual or apparent authority to extort sexual considerations from victims, ____________ claims usually result in an automatic application of employer liability for sexual harassment.

A. hostile

B. quid pro quo

C. mixed motives

D. sex-plus

25. Under the concept of ________, an employer is liable for the sexual harassment of its agent only if the employer knew, or should have known, that the harassment was occurring and failed to take immediate and appropriate corrective action.

A. direct liability

B. indirect liability

C. constructive discharge

D. vicarious liability

26. Vicarious liability is sometimes referred to as:

A. assumptive liability

B. intentional discrimination

C. direct liability

D. strict liability

27. When hostile environment has been committed by a supervisor, the employer will be held to which level of liability?

A. direct liability

B. indirect liability

C. vicarious liability

D. vicarious liability with an affirmative two-part defense

28. In which circumstances the employer can escape liability if a supervisor’s conduct has resulted in quid pro quo sexual harassment, ____________.

A. took immediate action to stop the harassment and prevent its recurrence

B. the victim unreasonably failed to take advantage of the employer’s anti-harassment policy

C. A and B

D. none of the above

29. Which of the following criteria alone cannot be used to determine if someone is a supervisor?

A. has authority to initiate employment actions

B. has authority to recommend employment actions.

C. has temporary authority to direct an employee’s work activities

D. carries the title of manager

30. Which of the following explicitly excludes sexual orientation/preference from EEO protection?

A. Civil Rights Act of 1964, Title VII

B. State employment laws

C. Municipal ordnances

D. All of the above

Essay

1. Identify the remedies available under a mixed motive court decision.

2. What are the proofs needed to establish a prima facie case for quid pro quo sexual harassment?

3. Describe employer liability for both forms of sexual harassment committed by supervisory and nonsupervisory personnel. What are the two parts of the Faragher/Ellerth affirmative defense?

4. Emily, an attractive 23-year-old secretary works for Cover-the-Earth Enterprises, a regional sales company employing over 200 employees. In late 2008, Emily is reassigned to work for Dan, a 60 year-old district sales manager. Dan often makes joking remarks to Emily about meeting after work at the Empty Arms Hotel to “get to know each other a little better.” Emily is amused and laughs at Dan’s suggestive remarks, retorting that he is much too old for that nonsense, or that “even if I did agree, you’d probably chicken out.”

5. The Pocono Electric and Gas Company, (PEGC) a privately owned, nonprofit utility company employing 76 fulltime and 43 part-time employees, hired Ms. Elvira Enochs in April 2012. She progressed through the company to better jobs until May 7, 2015. At that time she began working as the administrative assistant for Mr. Stanley Gibson.

On May 20, 2015, she was asked to have lunch with Mr. Gibson, ostensively to discuss her career at PEGC. At lunch, Mr. Gibson made sexual advances toward Ms. Enochs and suggested that she should periodically have sex with him (no more than two or three times a week) in order to maintain a good working relationship. Ms. Enochs attempted to leave, but he physically restrained her. Mr. Gibson also intimated that nobody in the company would assist her if she filed a complaint. After all, the owner, Mike McLaughlin, is an old fraternity buddy of Mr. Gibson.

Ms. Enochs did file an internal complaint and demanded that Mike either fire Stanley or give her an immediate transfer. Mike gave Ms. Enochs a transfer after she threatened to go to the EEOC. The next day she was assigned to a comparable paying job in Stroudsburg, PA. In the Stroudsburg facility she continued to receive good evaluations, received a merit pay increase, and was promoted to office manager in November of that year. That month Ms. Enochs decided nonetheless to file an EEO complaint claiming sex discrimination. Assume that all information presented in the case is factual.

a. Can the complaining party establish a prima facie case under Title VII? Why (you must justify your answer based on your knowledge of EEO laws)?

Yes. She can establish all four proofs for hostile environment sexual harassment.

b. If so, identify the type (i.e., racial harassment, mixed motive, sex-plus, quid pro quo sexual harassment, etc.).

Hostile environment sexual harassment by a supervisor [notice that she did not suffer the loss of any tangible job benefits (she continued to receive good evaluations, receive a merit pay increase, and was promoted to office manager)]

c. If liable, at what level of liability can the employer be held? Why or why not.

Vicarious liability with an affirmative defense [the level of liability for Hostile environment sexual harassment by a supervisor established in Faragher v. City of Boca Raton and Ellerth v. Burlington Industries]

Pages: 134-139