Upon return from leave under the FMLA, the employee:
A. must be allowed to return to his or her job as long as it was not necessary to fill it while the employee was on leave.
B. must be allowed to return to the same or an equivalent job.
C. must be allowed to reapply for his or her prior job.
D. can be reassigned to another position with comparable pay.
Question 2 of 20
Proving more than minor differences between the qualifications of the plaintiff and the successful applicant is necessary to show:
A. a prima facie case.
B. disparate impact.
Question 3 of 20
The courts have generally held that promotion of a paramour:
A. violates Title VII.
B. violates the Equal Pay Act.
C. does not violate the Equal Pay Act.
D. does not violate Title VII.
Question 4 of 20
Equitable remedies under Title VII, or those designed to make the victim whole, include all of the following except:
A. punitive damages.
B. front pay.
D. back pay.
Question 5 of 20
Policies against hiring women with children, married women, women over a certain age, women who have children under a certain age, or unmarried women are examples of:
A. bona fide occupational qualifications.
B. marital discrimination.
C. sex plus discrimination.
D. violations of the Equal Pay Act.
Question 6 of 20
If the employee taking FMLA leave has unused paid vacation or sick leave, the employer may:
A. require the employee to use sick leave toward the FMLA leave, but not vacation.
B. not allow any time to be taken under the FMLA.
C. require the employee to use both sick leave and vacation toward the FMLA leave.
D. require the employee to use vacation toward the FMLA leave, but not sick leave.
Question 7 of 20
The bona fide occupational qualification:
A. operates as a defense to claims for discrimination based on religion, national origin, gender, and age.
B. has been found not to apply to sex discrimination cases.
C. operates as a defense only to claims for discrimination based on gender.
D. cannot operate as a defense to claims for discrimination.
Question 8 of 20
The elderly customers of a restaurant strongly prefer to be waited on by women. Based on this, a man who applies for a wait staff position is rejected in favor of a female applicant. This action is:
A. lawful based on the bona fide occupational qualification defense.
B. unlawful discrimination based on customer preference.
C. lawful based on the customer preference defense.
D. not unlawful if both male and female customers prefer male waiters.
Question 9 of 20
When an employee takes FMLA leave, he or she is:
A. entitled to continuation of health care benefits while on leave if the employee pays the employee's portion of premiums while on leave.
B. not entitled to continuation of health care benefits while on leave.
C. entitled to continuation of health care benefits at the employer's expense.
D. not entitled to continuation of health care benefits until 60 days after returning to work.
Question 10 of 20
To establish a defense to unequal pay under the Equal Pay Act, the employer may show that the difference is based on any of the following except:
C. long-established pay patterns.
Question 11 of 20
The Pregnancy Discrimination Act requires:
A. employers to provide paid maternity leave.
B. employers to provide unpaid maternity leave.
C. that pregnant women be treated the same as other applicants or employees.
D. that pregnant women be treated the same as other employees, but does not apply to applicants.
Question 12 of 20
To prove a hostile work environment in violation of Title VII, courts have not required the victim to prove:
A. psychological harm.
B. severe and pervasive behavior.
C. negative impact on conditions of the victim's employment.
D. unwelcome conduct.
Question 13 of 20
According to the EEOC, sexual harassment of male employees exclusively by a male supervisor is:
A. not a violation of Title VII under any circumstance.
B. a violation of Title VII only if both parties are homosexuals.
C. a violation of Title VII because it is based on the employees' sex.
D. not a violation of Title VII if both the employees and supervisor are homosexual.
Question 14 of 20
The severity of harassment is judged from the perspective of:
A. the victim.
B. the employer.
C. the jury.
D. a reasonable person in the victim's position.
Question 15 of 20
A. was amended in the last few years to prohibit discrimination based on sexual orientation.
B. has been interpreted to prohibit sexual orientation discrimination as a part of the prohibition on sex discrimination.
C. prohibits sexual orientation discrimination, but not discrimination against transsexuals.
D. has been interpreted to exclude sexual orientation as a protected characteristic.
Question 16 of 20
Courts take all of the following into account to determine whether sexual harassment occurred except the:
A. type of employment or work environment.
B. conduct of the victim in the workplace.
C. severity of the conduct.
D. truth of the statements made.
Question 17 of 20
In sexual harassment cases, the affirmative defense to liability is available only if:
A. a hostile work environment cannot be shown.
B. the victim consented to or participated in the conduct.
C. no tangible employment action has been taken.
D. the harasser is not a supervisor.
Question 18 of 20
The two elements of the affirmative defense to a sexual harassment claim are that the employer exercised reasonable care to prevent and correct any harassing behavior and:
A. the victim failed to report the harassment or take advantage of other ways to prevent harm.
B. no tangible employment action occurred.
C. the employer provided training for all employees.
D. the employer provided training for all supervisors.
Question 19 of 20
The centerpiece of any efforts to prevent and correct harassment is:
A. a 24-hour toll-free number for complaints.
B. a strong anti-harassment policy.
C. hiring employees of the same sex only.
D. terminating supervisors for any form of harassment.
Question 20 of 20
Public employers may be sued for discriminating against homosexuals under:
A. Title VII.
B. the U.S. Constitution using equal protection theory.
C. a disparate impact theory.
D. an invasion of privacy theory.