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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20292
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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1. Employers may avoid liability for "hostile environment"

Customer Question

1. Employers may avoid liability for "hostile environment" sexual harassment by following a program that includes expressing strong disapproval of such conduct, advising employees how to inform the employer of complaints, and disciplining wrongdoers.
2. A woman affected by pregnancy, childbirth, or a related medical condition may be treated for all employment-related purposes in the same manner as an employer would treat any temporarily disabled employee.
3. The two principal legal theories under which a plaintiff may prove a case of unlawful employment discrimination are disparate treatment and disparate impact.
4. Disparate-treatment discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class.
5. Title VII applies to all employers within the United States.
6. Testing of prospective employees:
A. cannot have been developed by one employer and applied by another.
B. can be adjusted to favor members of a particular race.
C. must bear no relationship to job performance.
D. must be "job related."
7. What is an employer defense to a disparate impact charge?
A. The employer did not intend to discriminate.
B. The employment practice is job related and consistent with business practice.
C. The practice does not have a disparate impact on members of any race or protected group.
D. The practice is widespread and accepted in the industry.
8. Title VII does not prohibit unintentional discrimination.
9. Laws that prohibit defamation, invasions of privacy, and discrimination exist primarily
A. for protection of the person.
B. for protection of public health, safety, and morals.
C. for protection of property.
D. for protection of the state.
10. A valid restrictive covenant will bind future owners of the land if it is
A. published in the Federal Register.
B. stated in a recorded deed.
C. published in a newspaper of general circulation.
D. filed with the attorney general of the state in which the land is located.
11. Which federal agency has primary responsibility for enforcing environmental laws?
A. the Environmental Protection Agency
B. the Council of Environmental Quality
C. the Superfund Panel
D. none of the above
12. The Laura Nash Model for resolving ethical dilemmas
A. seeks to examine the dilemma from multiple perspectives.
B. seeks input from others in order to avoid pressure to yield to consensus.
C. seeks to consider both the perceived dilemma and the "real" dilemma.
D. all of the above
13. Which statement is incorrect concerning restrictive covenants?
A. Restrictive covenants generally are found in deeds
B. Restrictive covenants take precedence over conflicting statutes
C. Restrictive covenants generally impose some limitation on the use of the property
D. A clearly worded restrictive covenant will be enforced by the courts unless there is an important reason to refuse enforcement
14. Evan works for Bobcat Company. In January, Bobcat adopts an "Employee Update Examination," which it requires all employees to take and pass. Evan fails the exam three times and is discharged. Evan files a lawsuit against Bobcat, claiming disparate-impact discrimination.
Refer to Fact Pattern 41-4. Evan must first prove that Bobcat's practice has a disparate impact on a protected class and then
A. Evan must prove that the practice is not a business necessity.
B. Bobcat must prove that the practice is a business necessity.
C. Bobcat must give Evan another opportunity to pass the test.
D. none of the above.
15. Disparate impact exists when facially neutral employment practices:
A. adversely impact a protected group.
B. intentionally discriminate against a protected group.
C. favorably impact a protected group.
D. intentionally impact unfavorably a protected group but the activity is business related.
16. The Pregnancy Discrimination Act does not:
A. require employers to treat pregnancy as other disabilities are treated.
B. require women disabled by pregnancy to be provided with the same benefits as other disabled workers.
C. require an employer to provide paid sick leave benefits to pregnant women if it does not provide them to other disabled workers.
D. apply to sick leave programs.
17. If a state or local Equal Employment Opportunity agency (EEO) exists, a party charging discrimination must first file a complaint with that agency before filing a charge with the EEOC.
18. An employer is not liable for Title VII violations by lower-level employees.
19. Title VII requires that employers make reasonable efforts to accommodate their employees' religious practices.
20. Criteria used to make employment decisions that have a disparate impact on women, for example, height requirements, must be job related.
21. The Blanchard and Peale three-part test for resolving ethical dilemmas consists of the following questions:
A. Is it legal? Is it ethical? Is it moral?
B. Is it legal? Is it balanced? How does it feel?
C. Is it ethical? Is it right? Is it front-page material?
D. Is it right? Is it balanced? Does it smell funny?
22. Under Title VII, whites are protected against discrimination because of race and color.
23. Title VII does not protect members of all nationalities from employment discrimination.
24. Equal employment opportunity laws provide protection for minorities and women, but the disabled are not within the protection of the laws.
25. The Americans with Disabilities Act of 1990 defines disabled persons as persons with a mental or physical impairment that "substantially limits" their everyday activities.
26. An affirmative action plan that "unnecessarily trammels" the interests of nonminority employees:
A. is an example of reverse discrimination.
B. is lawful if women are the favored group.
C. is lawful to aid in the hiring of blacks and Native Americans.
D. is unlawful unless the favored group has been severely disadvantaged.
27. The Americans With Disabilities Act prohibits employers from discriminating against disabled individuals, but does not require that any accommodations be made for such individuals.
28. Title VII of the Civil Rights Act of 1964 prohibits job discrimination on the basis of education and experience.
29. The Equal Pay Act prohibits variation in wage rates paid men and women based solely on gender.
30. Tech Communications, Inc., gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against majority workers (principally white males). This is
A. a bona fide occupational practice.
B. a business necessity.
C. reverse discrimination.
D. none of the above.
Submitted: 5 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 5 years ago.
1. True
2 True
3 True
4 True
5 False
6 D
7 B
8 False
9 A
10 B
11 A
12 D
13 B
14 B
15 A
16 B
17 False
18 False
19 True
20 True
21 A
22 True
23 False
24 False
25 True
26 A
27 False
28 False
29 True
30 C

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