Test Bank Ch6 Discrimination Based On Religion, Age And

Test Bank

Chapter 6

Discrimination Based on Religion, Age and Disability

True/False

1. Compared to the other protected classes, Title VII complaints based upon religious discrimination are quite common.

2. Religious organizations are permitted to make hiring and discharge decisions based on an applicant’s or employee’s religious affiliation as long as there is a connection between the religion and the job in question.

3. The religious exemption clause (§ 702) under the Civil Rights Act of 1964 permits preferential treatment to bona fide religious organizations.

4. If an organization in question is owned by a religious institution, it is automatically eligible for a religious exemption.

5. Section 702 exemption permits religious institutions to discriminate on the basis of race.

6. A religious accommodation becomes an undue hardship if it results in changing a bona fide seniority system at the organization in question.

7. The Age Discrimination in Employment Act is an amendment to the Civil Rights Act of 1964.

8. Under the ADEA, jury trials may be requested only when a complaining party seeks compensatory or punitive damages.

9. Some BFOQs permit employers to use age as a disqualifier in employment searches.

10. The same employers who are covered under Title VII of the Civil Rights Act of 1964 must also comply with Title I of the ADA.

11. There are different degrees of disabilities.

12. An employee who has had an amputated foot replaced with a prosthetic one, which permits her full mobility, is not covered by the ADA.

13. An employer can violate the ADA by assuming a nondisabled individual is disabled.

14. Undue hardship is often determined on a case-by-case basis.

15. The ADAA of 2008 decreased the number and scope of major life activities from seventeen to nine.

16. Under the ADAA of 2008, mitigated conditions like epilepsy, diabetes, and high blood pressure would now constitute disabilities under the ADA.

17. Most disclosures of employee medical records are likely to result in ADA violations.

18. Most employers do not choose to keep employee medical information files confidential.

19. The ADA protects both past and current substance abusers.

20. Employers are permitted to conduct pre-employment drug screenings.

Multiple Choice

1. Which of the Title VII protected classes generates the fewest Title VII complaints per year?

A. religion

B. race

C. sex

D. national origin

2. The Vocational Rehabilitation Act of 1973 contains virtually the same language and requirements as the:

A. Civil Rights Act of 1991

B. Civil Rights Act of 1964

C. Americans with Disabilities Act

D. National Labor Relations Act

3. What section under the Civil Rights Act of 1964 permits bona fide religious organizations to engage in preferential employment treatment of members of their own sect?

A. 701

B. 702

C. 703

D. 706

4. To be eligible for religious exemption, religious organizations must show a connection between:

A. that they are both secular and religious

B. the candidate for the job and the religion

C. the community and the religion

D. the job position and the religion

5. In some instances, religious organizations are permitted to discriminate on the basis of __________.

A. race

B. sex

C. color

D. none of the above

6. Section ______ makes it unlawful for secular organizations to discriminate on the basis of religion.

A. 701

B. 702

C. 703

D. 706

7. Employers may find themselves in violation of Title VII when they fail to make ___________ for an employee’s religious practices.

A. constructive discharges

B. religious exemptions

C. religious accommodations

D. vicarious liabilities

8. ____________ enable employers to defend three grooming policies and dress codes challenged for religious accommodation.

A. Customer preferences

B. Safety concerns

C. Community tradition

D. Cultural sensitivity

9. ___________ means a requested accommodation is unreasonable.

A. A direct liability

B. An undue hardship

C. A vicarious liability

D. An exemption

10. An employer’s ___________ may show that a requested accommodation would impose an undue hardship on the employer.

A. complaining party

B. constructive discharge

C. rebuttal

D. direct liability

11. Which of the following Supreme Court cases dealt with union dues and religious accommodation?

A. Tooley v Martin Marietta Corp

B. Killinger v. Samford University

C. O’Connor v Consolidated Coin Caterers, Corp.

D. General Dynamics Land Systems, Inc. v. Cline

12. Which of the following is not an amendment to the Fair Labor Standards Act?

A. ADEA

B. religious accommodation

C. Equal Pay Act

D. none of the above

13. Employees do not have to pay ___________ if it is against their religion. However, they must pay an equivalent amount to a mutually agreed upon charity.

A. office premiums

B. insurance rates

C. tithes

D. union dues

14. In O’Connor v. Consolidated Coin Caters, the Supreme Court held that the ADEA mandates that ___________.

A. age discrimination applies to employees under 40

B. age discrimination includes disparate impact

C. age discrimination only applies to employees over 40

D. age discrimination includes mixed motive discrimination

15. The Age Discrimination in Employment Act does not protect employees:

A. under the age of forty.

Bbetween forty and 70 years old.

C. between forty and sixty-five years old.

D. aged forty years and older.

16. What is the current upper age limit protected by the ADEA?

A. 65 years

B. 70 years

C. 75 years

D. there is no upper age limit

17. Under the ADEA, which, if any, are possible?

A. disparate impact claims only

B. disparate treatment claims only

C. both disparate impact and disparate treatment claims

D. neither disparate impact or disparate treatment claims

18. Under the ADA, ___________ protects only qualified individuals with a disability from employment discrimination?

A. Title I

B. Title II

C. Title III

D. Title V

19. Among the employers required to comply with the ADA are private-sector employers with ____ or more employees.

A. 15

B. 20

C. 25

D. 30

20. The ADA protects the ___________ of individuals.

A. age

B. race

C. disabilities

D. ethnicity

21. When assessing whether an individual candidate or employee is protected under the ADA, ____ questions must be answered.

A. two

B. three

C. four

D. five

22. Which of these is true about medical examinations under the ADA?

A. Pre-job offer medical examinations are permitted if kept confidential

B. Pre-job offer medical examinations are permitted if given to all candidates

C. Only individuals with apparent disabilities have to submit to medical examinations

D. Post-job offer medical examinations are permitted

23. Which is not something the employer should consider modifying when attempting to reasonably accommodate an individual under the ADA?

A. the job application process

B. the work environment

C. a bona fide seniority system

D. the benefits and privileges of employment

24. Which is an example of a disability under the Americans with Disabilities Amendment Act (ADAA)?

A. a person with diabetes, even though it is controlled by insulin

B. a person who uses a wheelchair for mobility

C. a person with high blood pressure that is controlled by medication

D. all of these are disabilities covered by the ADA

25. Which of the following is not protected under the ADA?

A. a person who is currently enrolled in a drug rehabilitation program

B. a current substance abuser

C. a person who has completed a drug rehabilitation program

D. all of the above

Essay

1. How do you establish a prima facie case for religious discrimination?

2. Identify and define the major objectives of the Americans with Disabilities Act. Which is of particular concern to HR managers and why?

3. In making pre-employment inquiries under the ADA, what should employers not ask the candidate? What is acceptable to ask the candidate?

4. Provide the four (4) of religious entities that are afforded religious exemptions under ‘ 702 of the Civil Rights Act of 1964? Under what circumstances can a private sector company discriminate on the basis of religion?

5. What three circumstances would constitute an “individual with a disability” under the Americans with Disabilities Act of 1990? How is a “qualified individual with a disability” determined? What is the direct threat to self-defense?

a. • Has a physical or mental impairment which substantially limits one or more of an individual’s major life activities;

• Has a record of such impairment;

• Is regarded as having an impairment.

b. Must be able to perform the essential job functions (TDR), with or without reasonable accommodation.

c. A worker’s disability on the job would pose a direct threat to his or her health if hired.

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