Ch 16 - Employment Discrimination

Which of the following is not a requirement for proving a prima facie case of disparate-treatment discrimination?

• The plaintiff belongs to a protected class

• The plaintiff was adequately performing the job

• The employer had a clear intent to discriminate

• A similarly situated employee outside the protected class received better treatment

What best defines the concept of constructive discharge?

• The employee was formally terminated by the employer

• The employee resigned because of unworkable and hostile conditions

• The employer offered a voluntary exit package

• The employee was reassigned to a lower position but stayed employed

Which law prohibits age-based discrimination in employment?

• Title VII of the Civil Rights Act

• Americans with Disabilities Act (ADA)

• Age Discrimination in Employment Act (ADEA)

• Fair Labor Standards Act (FLSA)

Which of the following best illustrates disparate-treatment discrimination?

• An employer lays off staff based on seniority

• A qualified woman is denied a promotion while a less qualified man is selected

• A company reduces salaries due to financial difficulties across the board

• A company implements a dress code for all employees

Which of the following is considered an adverse employment action?

• Receiving feedback on work performance

• Being transferred to another department with no change in salary or duties

• Being demoted and experiencing a pay cut

• Attending mandatory training sessions

Which of these is not a valid legal defense against an employment discrimination claim?

• Business necessity

• Bona fide occupational qualification (BFOQ)

• Employer's personal preference

• Seniority system

What must an employer show to successfully use the business necessity defense?

• The practice in question is essential for safety and job performance

• The employer lacked intent to discriminate

• The employee broke workplace rules

• The organization was facing financial difficulties

Why might certain affirmative action programs be ruled unconstitutional?

• They are based on general societal discrimination, not specific past acts

• They are automatically illegal under federal law

• They exclude race or gender as factors

• They increase diversity without any formal policy

Which situation would most likely be considered a valid BFOQ (Bona Fide Occupational Qualification)?

• Only hiring individuals under age 30

• Hiring female staff to work in a women-only locker room

• Refusing to hire applicants from a specific racial background

• Favoring men for leadership roles by default

Which constitutional clause is often referenced when evaluating affirmative action programs?

• First Amendment

• Equal Protection Clause of the Fourteenth Amendment

• Fifth Amendment

• Eighth Amendment