Test Bank Docx Ch3 Intentional Discrimination Disparate

Test Bank

Chapter 3

Intentional Discrimination: Disparate Treatment

True/False

1. The burden shifting proof method is the most common method for initiating an unlawful employment practice.

2. The phrase, prima facie, literally means final proof.

3. Currently discrimination on the basis of sexual preference/orientation is the same as discrimination on the basis of sex under Title VII.

4. There is no requirement in Title VII obligating an employer to hire or retain an unqualified employee.

5. Title VII is not violated when the complaining party is denied an employment benefit, which is then given to an applicant from the same protected class who has fewer qualifications.

6. Title VII is not violated when an employer hires an individual who is unqualified because the applicant is a member of a protected class.

7. BFOQs are extremely rare and very limited in their application.

8. BFOQs cover all of the protected classes listed under Title VII.

9. There is a BFOQ for race.

10. BFOQs on the basis of age are permitted under the Age Discrimination in Employment Act.

11. An employer’s legitimate nondiscriminatory reason is pretextual if it is knowingly true.

1. Though usually associated with disparate impact litigation, on rare occasions statistical evidence may be used in establishing pretext.

13. Sometimes the complaining party must wait for a vacancy to occur before he or she is reinstated.

14. For attorneys’ fees and court costs, either party may be held liable if they are caught lying or openly trying to circumvent justice.

15. In the instance of disparate treatment, compensatory and punitive damages can be awarded if the employer is a government agency or political subdivision.

16. A complaining party can establish a prima facie case of retaliation under Title VII by satisfying at least two of the legal criteria.

17. Retaliation is not restricted to complaining parties making Title VII complaints, “indirect retaliation” is also actionable under the Act.

18. Retaliation is limited strictly to the victims of real or perceived discriminatory workplace actions and it does not protect third parties.

19. It is lawful to consider an applicant’s protected class status so long as the manager would have made the same decision based on legitimate business reasons.

20. Managers should fully understand how disparate treatment can occur in the workplace and never use legitimate nondiscriminatory reasons in any employment decision.

Multiple Choice

1. What method of establishing a Title VII violation is set forth in the Supreme Court decision McDonnell Douglas Corp. v. Green decision?

A. hostile environment

B. direct proof

C. the burden shifting method

D. employment attrition

1. Using the burden shifting method, who has the responsibility of providing initial evidence indicating that Title VII may have been violated?

A. witnesses to the alleged violation

B. the complaining party

C. the respondent

D. the EEOC

1. Which is not a criterion which must be satisfied in order to establish a prima facie case under the burden shifting method?

A. member of a protected class

B. qualified for the job position in question

C. filed in a timely manner

D. a similarly-situated individual was treated differently

1. To establish a prima facie case of disparate treatment using the McDonnell Douglas burden shifting method, one must first demonstrate:

A. that he or she works for a covered employer

B. that he or she filed in a timely manner

C. that he or she has enough credible witnesses

D. that he or she is a member of a protected class

1. Under Title VII, it is unlawful to treat employees differently because of:

A. race

B. sex

C religion

D. all of the above

1. __________ employment decision occurs when, during a selection process, both legitimate and illegitimate reasons are used in making the final decision.

A. mixed motive

B. prima facie

C. pretext

D. injunctive relief

1. If mixed motive is proven, and the employer can establish that he or she would have arrived at the same employment decision based on nondiscriminatory reasons, the employer’s liability is limited to:

A. reinstatement, attorney’s fees, and court costs

B. injunctive and declaratory relief, attorneys’ fees, and court costs

C. back pay, front pay and court costs

D. injunctive and declaratory relief, back pay, reinstatement

8. The use of BFOQs in employment decisions is specifically authorized by:

A. The Civil Rights Act of 1964

B. The Civil Rights Act of 1991

C. the Equal Pay Act of 1963

D. The Fair Pay Act of 2009

9. Which court case directly deals with BFOQs?

A. Plessy v. Ferguson

B. Pereira v Schlage Electronics

C. McDonnell Douglas Corp. v. Green

D. Diaz v. Pan American Airways

10. Under which protected class is a BFOQ not permitted?

A. national origin

C. religion

B. sex

D. race

11. When is a violation of Title VII proven?

A. when the complaining party establishes a prima facie case

B. when an EEOC concludes “reasonable cause”

C. when the employer’s rebuttal fails

D. when the complaint was filed in a timely manner

12. An argument made by an employer that the decisions to hire, fire, promote, or layoff any employee is based on sound business rationale and not the individual’s protected class status:

A. bona fide occupational qualification

B. pretext

C. mixed motives

D. legitimate nondiscriminatory reason

13. Which is a legitimate nondiscriminatory reason?

A. job-related education that is applicable to the job in question

B. merit based on subjective criteria

C. Bona Fide Seniority System that was adopted for discriminatory purposes

D. training that is not applicable to the incumbent’s current or future job

14. Which is a legal reason for discharging an employee in a normal employment setting?

A. acquires a handicap that can be reasonably accommodated

B. joins a cult

C. poor performance

D. becomes pregnant

15. __________ means that the employer has tried to hide its unlawful discrimination by fabricating an apparently legitimate justification for its actions.

A. Bona fide occupational qualification

B. Pretext

C. Mixed motives

D. Legitimate nondiscriminatory reason

16. __________ is the means by which a court prevents the violation of a legal right, or compensates for the violation of that right.

A. Remedy

B. Pretext

C. Injunctive relief

D. Back pay

17. When the court orders an employer to cease and desist unlawful practices, this is:

A. remedy

B. pretext

C. injunctive relief

D. back pay

18. __________ refers to instances where a court orders an employer to hire an applicant who was unlawfully discriminated against.

A. Prima facie

B. Reinstatement

C. Front pay

D. Back pay

19. __________ is money awarded by a court for lost compensation during the period between judgment and actual reinstatement, or instead of the reinstatement.

A. Punitive damages

B. Front pay

C. Back pay

D. Litigation

20. Compensatory and punitive damages are restricted to cases involving:

A. BFOQs

B. disparate impact

C. disparate treatment

D. pretext

21. These remedies are imposed by a court to punish the respondent and discourage future violations:

A. punitive damages

B. compensatory damages

C. injunctive relief

D. dismissals

22. A __________ is the maximum monetary award that federal judges may impose for compensatory and punitive damages for each aggrieved party.

A. injunctive relief

B. back pay

C. front pay

D. ceiling

23. __________ are individuals who apply for positions of employment for the sole purpose of determining whether an employer is engaging in discriminatory hiring practices.

A. Testers

B. Candidates

C. Employees

D. Scammers

24. The term for an employee who reports his or her employer’s violation of some statute or regulation:

A. tester

B. seniority award

C. protected class

D. whistleblower

25. Employees who oppose what they reasonably believe was unlawful discrimination and are then punished for their opposition have been subjected to:

A. conciliation

B. injunctive relief

C. retaliation

D. disparate impact

26. An employer’s defense in a retaliation allegation would be :

A. Stating the complaining was punished for excessive tardiness

B. Stating that the complaining party was punished for poor performance

C. documenting that the complaining party was punished for excessive tardiness

D. denying that the complaining party was subjected to an adverse employment action

27. Which is a common myth about Title VII?

A. Sexual orientation may be protected under state law

B. You should treat all applicants the same, whether in a protected group or not

C. You must hire unqualified protected group members

D. White males are afforded the same protection as Asian females under Title VII

28. Indirect retaliation occurs when:

A. An employee is demoted for filing a Title VII complaint

B. An employee is fired for threatening to file a Title VII complaint

C. An employee is fired for complaining about another employee being fired for filing a Title VII complaint

D. All of the above are examples of indirect retaliation

29. There are two basic theories of discrimination under Title VII:

A. direct proof and the burden shifting method

B. disparate treatment and disparate impact

C. prima facie and conciliation

D. direct proof and disparate impact

30. Which is not the result of proper job analysis?

A. performance standards

B. retaliation

C. job description

D. job specifications

Essay

1. Describe the burdens of proof for both the complaining party and the respondent under the disparate treatment theory of discrimination.

Establish the Prima Facie Case under Burden Shifting Method:

Complaining party member is a member of a protected class,

Complaining party was qualified for the job in question,

Complaining party suffered from an adverse employment action, and

A similarly situated individual (one with equal or fewer qualifications than the complaining party) from another class was treated differently.

Respondent’s Rebuttal:

The respondent’s actions are based on legitimate nondiscriminatory reasons, and/or

The respondent’s actions are based on a bona fide occupational qualification.

Complaining Party’s Rebuttal:

The respondent’s legitimate nondiscriminatory reasons are a pretext (a reason given to hide the respondent’s real reason for the employment action).

Page: 67 (see Figure 3.1)

1. Identify and describe both the traditional remedies and additional remedies available to the complaining party through disparate treatment under Title VII.

Traditional Remedies:

Injunctive relief: An order by the court for the employer to cease and desist unlawful practices.

Reinstatement: if the complaining party lost his or her job, the employer will have to give the job back

The employer may be required to pay the attorneys’ fees and court costs.

Front pay: Money awarded for lost compensation during the period between judgment and reinstatement, or in lieu of the reinstatement

Back pay: The complaining party is entitled to wages (plus interest) that accrues from the time the discrimination first occurs to the date of ordered reinstatement

Additional Remedies:

Compensatory damages: Damages imposed by a court to compensate a complaining party for monetary and nonmonetary harm suffered as a result of discrimination.

Punitive damages: Damages awarded to a complaining party that are imposed to punish and to be a painful reminder to an employer of the consequences of blatantly violating Title VII.

Page: 75 (see Figure 3.3)

1. What is retaliation? What are the elements of a retaliation claim?

Retaliation occurs when an employer punishes an employee for reporting a violation of some statute or regulation, or for being a third party associated with the situation. The employee has to establish that he or she engaged in a protected activity, suffered an adverse employment action, and show that there was a causal connection between the adverse action and the protected activity.

Page: 82 (see Figure 3.4)