Chapter 22.

1. All of the following are defenses available to defenses in title 7

cases except:
economic difficulties
2. Which of the following represents of valid BFOQ
its important the the applicants speak fluent Spanish
3. To be valid as a statuary defense to title 7 claim important seniority
system must meet all, except:
it has no desperate impact on the particular ways or gender
4. The following will be considered reasonable accommodations for
religion that a person could request under title 7
requesting hijab (think hijab)
5. Which of the following statements is true about the number of
sexual harassment complains?
they have increased sharply since congress in 1991
6. All of the following are good tips for managers to follow to avoid
sexual harassment charges, except:
focus training on male employees, since male tends to violate more
frequently
7. If the government terms that there is a reasonable cause to believe
that the discriminatory policy has occurred, its first step do which of
the following?
- Attempt to eliminate the discriminatory practice through conciliation
(make a person say that he is not going to do it anymore)
8. Which of the following remedies is not available to plaintiff under
title 7?
punitive damages in excess of $300,000
9. When building a primafacie case for disparate treatment the plaintiff
must establish each of the following facts
- (a primafacie case means each charge has some elements to it.
Where you introduce some evidence on each one of those charges,
doesnt have to be overwhelming, you just got to have some evidence
to avoid being knocked out by the judge before you get to the jury.
10. The following actions are considered sexual harassement, except:
request for someone to run a personal based on the gender of the
person asked
11. The age discrimination in the employment act of 1967 ADEA
protect workers who have reached what age?
40 years
12. Which of the following will constitute a violation of the ADEA of
1967?
an employee lays off workers who have reached the age of 50, and
hires younger workers who are willing to work for less money. (over 50)
13. Which of the following statements is true about remedies available
under the ADEA?

 awards for mental distress

14. The ADEA applies to the following groups, except:
state employers
15.to prove a primafacie case of age discrimination involving a
termination, a plaintiff must establish the following facts, except:
he or she was replaced by someone outside the protective class
16. Which of the following must a plaintiff show in order to prove the
discrimination by an employer?
legal and sufficient evidence of pretext by an employer
17. Which of the following is a statutory defense available to an
employer that requires the defendant employers to establish that he or
she must hire employees
of only a certain age to safely and efficiently operate the business
bonify occupational qualification
18. Which is the best definition of executive exemption, assuming
appropriate annual retirement benefits are paid?
an exemption to the ADEA allows mandatory retirement of executive
at age 65
19. All of the following are TRUE about the rehabilitation? act
(disabilities), except:
it prohibits an employer from termination an employee whos
disability prevent him or her from doing the essential duties of his or
her job.
20. For the purposes of the rehabilitation act of 1973, persons who
exhibit the following handicaps are protected, except:
someone who has significant impairment but he was not limited from
performing any major life activities.
21. ADA( American with Disabilities Act) of 1991. Requires employers
to take which of the following action with the respect to disabled
employees?
made reasonable accommodations for the no disability unless the
accommodation undue burden on the employees business. (handrails
in bathroom)
22. Of all the following, person will be considered as having a disability
for purpose of ADA, except:
person having a record of filing disability claim with EEOC
23. The following are all TRUE about the American with Disabilities Act
(ADA) except:
the 2008 amendments to the ADA substantially known as sculpt?
of the Act(not true, its broader)
24. The following impairments are covered under the definition ADA,
except:
current substance abusers
25. Which of the following questions asked when interviewing a
potential employees will most likely violate the ADA?
-How many days were you sick last year?

26. To pass constitutional muster in affirmative action of plain must

meet all of the following criteria, except:
match percentage higher in figures with population estimates
27. Which of the following is the best definition of reverse
discrimination?
Discrimination in favor of member of that have been previously
discriminated (in other word, you picked this guy because he used to
be discriminated against)
28. The following will be considered in Affirmative Action program,
except:
a program aim? in having a low income Americans obtaining a
higher education
29. Legal claims for a reverse discrimination are usually raised by
which of the following groups of people?
white males
30. All of the following will be considered EEOC (Equal Employment
Opportunities Commision) in determing whether a firm is American,
except:
the name of the company
31.Which of the following statements is TRUE considering the
determination of the companys citizenship where purposes of title 7
at ADEA
no one factors considered determative as all the factors may be
inconsidered.
32. Equal Pay Act of 1963 was design for which of the following
purposes
.sex
33. Equal work-is not related to personality
TRUE or False
1. In all industrial democracies except the US, works are protected by a
law of unjust termination of their employment
T
2. An employment-at-will doctrine replaces the employer at a position
to treat employees arbitrarily
T
3. The public policy exception to the employment-at-will doctrine is
established through the federal regulations
F
4.The employment-at-will doctrine has been expanded through new
state and federal legislations as well as changes in the common law.
F
5. 11 states recognizes and implies company in a good faith and fair
dealing exception
T

6. Employees can be fired if they file a complain testifying cause

regarding
the pay of minimal wage, equal pay
F
7. Federal anti-discrimination statues passed by the congress were
actually unnecessary because discrimination already prohibited by US
constitution
F
8. The 14 amendment abolished slavery
F (its 13 amendment)
9. The civil rights act of 1866 guarantees to all persons in US have
same rights, have full and equal benefits.
T
10. A claim under the 1866 can not be added to a claim under
another anti-discrimination statue
F (you can mix and match)
11. The civil rights act of 1866 an 1871 do not have specific provisions
for remedies
T
12. The civil rights act of 1866 an 1871 require a plaintiff to first of
any discrimination problems through administrative procedures
F
13. The equal pay act of 63 prohibits any employer from discriminate
between employees on the bases of race salaries and wages
F(equal pay=equal sex, not race)
14. A person whos been a subject to equal pay act violation may
recover back pay in the amountdifferential pay of the member of the
opposite sex
T (in other word boost them up
15. The equal pay actin the time when the average wages of woman
were less than 60% of those men
T
16. Effort is defined as experience, education, training, ability require
in doing a job
F(you can have it but if you dont do anything with it, its not
effort)
17. A wage differential is justified if it is based on system
T
18. Circumstances such as greater viability in females and your
willingness to work for lower wages constitute factors other than sex.
T
19. Employers are not covered by the civil rights act of 1964 if they
have fewer than 15 employees
T

20. Discrimination in hiring on the bases of race and sex is illegal, but
discrimination in hiring on the bases of national origin is legal under
the law.
F (if you are not a US citizen, you can discriminate)
21. Disparate treatment occurs when one individual is treated less
favorably than another, because of color, race, religion, sex, national
origin)
T
22. A patter of poor performance, theft or excess of absentees is
generally a legitimate business reason for terminating an employee,
regardless their race, color, gender, national origin or religion
T
23. A burden of proof in a disparate treatment discrimination case is
initially on the defended.
F
24. Sexual harassment law do not apply to same sex harassment
T
25. Hostile environment relates to sexual harassment not to cases of
discrimination involving race, religion or age.
F
26. This, For, That Sexual harassment occurs when a supervisor
make sexual demands on someone of the opposite sex which is
reasonably perceived by as a condition of an employment (meet me at
the holiday inn example)
T
27. If an employer knows that a customer is harassing an employee
but does nothing to remedy the situation, an employer will usually not
be liable
F
28. In the US(unlike France), sexual harassment is part of the criminal
code
F
29. Only three classes (sex, race, religion) are protected under title 7
F
30. The seniority system may be lawful in some cases under title 7,
even though its operation has a disparate impact on a protective class
T
31. An employer who refuses to hire a non-US citizen has committed a
violation of title 7
F
32. An employers training session of sexual harassment should focus
on males, since males
F(focus on everybody)
33. Once a EEO receives a charge, it must notify violator with the
charge within 10 days.
T

34. The plaintiff under title 7 actions must obtain a right to sue letter
EEOC before filing a private action against violator
T(unless 6 months go by)
35.Courts may not award attorneys fee to plaintiffs in title 7 cases
F
36. Under title 7, an employer can refuse to hire some non-US citizens
F
37. Under EEOC, once the EEOC receives a charge under title 7, it must
notify the eligible violator of the charge within 20 days.
F(its 10)
38. The Age Discrimination of Employment Act) prohibits employers
from requiring
that certain employees must be 21 years old to apply for certain
position
F
39. The ADEA applies to all private sector employees and all levels of
federal state and local government
F
40. Law suits based on age discrimination must be brought under
disparate treatment theory
F
41. It may be permissible for an employer to force employee to retire
at the age of 65 if an employee is an executive in title do not
forfeitable annual retirement benefits of at least $44K
T
42. The successful ADEA plaintiff is entitled to back pay for up to 2
years.
T
43. Discrimination under the ADEA may be proved in the same way the
discrimination is proved under title 7
T
44. Decisions promised on an operation of the bonifier? seniority
system are unlawful.if there is a discriminatory impact.
F
45.Rehabilitation Act of 73 and American Disability Act, both require
employers to reasonably accommodate individuals who are otherwise
unqualified to perform the essential duties of their position
F
46. Rehabilitation Act of 73 applies to the federal government, as well
as a private sector employee
F
47. The rehabilitation act of 73 requires that covered employers have a
qualified affirmative action program for hiring and promoting the
handicapped
T(covered=more than 15)

48. A wide variety of impairments are captured under the definition of

disability as
described in the American with Disabilities Act
T
49. If person who wears hearing aid is considered disabled under ADEA
F
50. Firm should establish diversity policy in order to meet facially
required racial
and ethnical .
F
51. are declared legal by 1991 supreme court decision
F
52. US citizens working abroad are protected by title 7 ADEA if they
work for US
employers
T