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When the harassment of co-workers creates a hostile working environ?ment,an employee may have a cause of action against the employer.

A) True
B) False

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True

Employers who do not accommodate the needs of persons with disabili?ties must demonstrate that the accommodations would cause undue hardship.

A) True
B) False

Correct Answer

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Fact Pattern 35-2A Beth,who has a disability,is an employee of Corporate Office Company (COC) .After the installation of new doors on COC's building,Beth finds it nearly im?possible to get in and out.For repeatedly failing to be on time,COC replaces Beth with Dian,who does not have a disability. -Refer to Fact Pattern 35-2A.To succeed with a claim against COC under the Americans with Disabilities Act,Beth will have to show that


A) Beth consistently met the essential requirements of her job.
B) COC refused to make reasonable accommodation for Beth.
C) Dian is unqualified for Beth's position.
D) the doors were installed as an act of intentional discrimination.

E) All of the above
F) A) and B)

Correct Answer

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B

An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a busi?ness necessity.

A) True
B) False

Correct Answer

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Mona files an employment discrimination suit against Nationwide Distribution Corporation (NDC) under the Civil Rights Act of 1964.If Mona shows that NDC acted with malice or reckless indifference,she may recover


A) an unlimited amount of compensatory and punitive damages.
B) a limited amount of compensatory and punitive damages.
C) neither compensatory nor punitive damages.
D) compensatory or punitive damages,but not both.

E) A) and D)
F) B) and D)

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Conrad and Delilah are employees of AgriBio Feed & Seed Corporation.Under the Equal Pay Act of 1963,AgriBio can legitimately pay different wages on the basis of


A) seniority.
B) job descriptions.
C) substantial equality of skill,effort,and responsibility.
D) gender.

E) All of the above
F) C) and D)

Correct Answer

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Under the Age Discrimination in Employment Act of 1967,the plaintiff needs to show only that the employer was motivated in part by unlawful discrimination.

A) True
B) False

Correct Answer

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Olivia applies for a job with Petro Company.Petro does not hire Olivia because of her ethnicity,or national origin.This is


A) reverse discrimination.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

E) A) and D)
F) None of the above

Correct Answer

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Eton files a suit in a federal district court against Florida,alleging em?ployment discrimina?tion under the Age Discrimination in Employment Act of 1967.The state asks the court to dismiss the suit.The court is most likely to rule that


A) the state is immune from the suit.
B) the suit can proceed.
C) Eton is immune from any defense the state might offer.
D) the court is immune from such request.

E) B) and C)
F) A) and D)

Correct Answer

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Paolo has cerebral palsy,Quincy has kleptomania,and both work for Reality Insurance Company.Considered disabled under the Americans with Disabilities Act


A) are Paolo and Quincy.
B) is Paolo only.
C) is Quincy only.
D) is neither Paolo nor Quincy.

E) All of the above
F) B) and C)

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Employers can treat their employees more or less favorably based on their religious beliefs or practices.

A) True
B) False

Correct Answer

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Protection against retaliation under the Civil Rights Act of 1964 does not extend to an employee who speaks out about discrimination on his or her own initiative.

A) True
B) False

Correct Answer

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Cora,a female,and Dom,a male,are employees of Equipment Leasing Corporation.Cora regularly e-mails sexually explicit images to Dom via Equipment Leasing's computer network.Dom finds this offensive.This is


A) hostile-environment harassment.
B) not harassment or any form of discrimination.
C) quid pro quo harassment.
D) reverse discrimination.

E) C) and D)
F) B) and C)

Correct Answer

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Gelato Cheese Company,a major processor of cheese sold throughout the United States,employs one hundred workers at its principal processing plant.The plant is located in Heartland Corners,which has a population that is 50 percent white and 25 percent African American,with the bal?ance Hispanic American,Asian American,and others.Gelato requires a high school diploma as a condition of employment for its cleaning crew.Three-fourths of the white population completed high school,compared with only one-fourth of those in the minority groups.Gelato has an all-white cleaning crew.Has Gelato violated the Civil Rights Act of 1964? Explain.

Correct Answer

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An employer can legally impose an educat...

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United Company replaces Vera,a forty-five-year-old employee,with Wendy.Vera files a suit against United under the Age Discrimination in Employment Act of 1967.To establish a prima facie case,Vera must show,among other things,that she is


A) deserving of higher pay than Wendy.
B) generally more dependable than Wendy.
C) older than Wendy.
D) qualified for the position.

E) C) and D)
F) A) and B)

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Ruth is a supervisor for Subs & Suds,a restaurant.Tim is a Subs em?ployee.The owner announces that some em?ployees will be discharged.Ruth tells Tim that if he has sex with her,he can keep his job.This is


A) harassment on the basis of sexual orientation.
B) not harassment.
C) quid pro quo harassment.
D) same-gender harassment.

E) B) and D)
F) B) and C)

Correct Answer

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A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.

A) True
B) False

Correct Answer

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Pikabo files an employment discrimination suit against Quantitative Analysis,Inc. ,under the Civil Rights Act of 1964,based on its discharge of Pikabo.Possible relief includes


A) imprisonment.
B) reinstatement.
C) fines.
D) an order to shutdown the employer's business.

E) A) and C)
F) None of the above

Correct Answer

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The Civil Rights Act of 1964 does not prohibit job discrimination in the hiring process.

A) True
B) False

Correct Answer

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False

The Americans with Disabilities Act of 1990 requires that employers ac?commodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work

A) True
B) False

Correct Answer

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