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Exam 12: Employment Discrimination

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Question 41

Multiple Choice

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Nell, a member of a protected class, applies for a job with Origami Paper Corporation, but fails the company's employment test and is not hired. Nell believes that the test has an unintentionally discriminatory effect. If so, this is

A) ​a constructive discharge.
B) ​disparate-impact discrimination.
C) ​disparate-treatment discrimination.
D) ​not discrimination.

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Question 42

Multiple Choice

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Small Enterprise LLC is sued by its sole employee Tomas, who alleges job discrimination in violation of the Uniformed Services Employment and Reemployment Act. This law applies to employers with at least

A) ​fifteen employees.
B) ​five employees.
C) ​ten employees.
D) ​one employee.

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Question 43

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Fact Pattern 12-2 Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 12-2.To succeed with an age-discrimination claim against MVMC, Lomax will have to show that

Discrimination against persons who have served in the military is permissible if it meets the "legitimate expectations" of the employer and employee.

Deep Sea Fishing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemWorks, Inc., where she is an employee. As a result, the employer demotes her. Beth can file

Solar Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school education and job performance. In a suit against Solar under Title VII of the Civil Rights Act, this is shown to have a discriminatory effect. Solar has

Fact Pattern 12-2 Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 12-2.Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply

Employees who leave their jobs voluntarily may still claim under Title VII that they were "constructively discharged" by their employer.

Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act.

Fact Pattern 12-1 Craig applies for a job at Dispatch Transportation, Inc., for which he is well qualified. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Craig is rejected. Dispatch continues to seek applicants. -Refer to Fact Pattern 12-1.To successfully defend itself against Craig's suit, Dispatch must show that

The Equal Pay Act and other federal laws permit employers to engage in gender-based wage discrimination.