Business Law Chapter 30 Flashcards
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Questions and Answers

Employers may consider arrest records because that is not evidence of wrongdoing.

False

Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees, making it illegal to discriminate on the basis of race, color, religion, sex, or national origin.

False

The EEOC is the federal agency responsible for enforcing Title VII.

True

In order to be considered sexual harassment, the questionable behavior must be directed at a coworker of the opposite gender.

<p>False</p> Signup and view all the answers

As part of the hiring process, it is legal for employers to use any personal information potential employees post on social media.

<p>False</p> Signup and view all the answers

Retaliation means that an employer has done something that would deter a reasonable worker from complaining about discrimination.

<p>True</p> Signup and view all the answers

Race may be a bona fide occupational qualification (BFOQ) when the employee will be working with children of a different race.

<p>False</p> Signup and view all the answers

Under the Equal Pay Act of 1963, an employee may not be paid at a lesser rate than employees of the opposite sex for tasks requiring equal skill, effort, and responsibility under similar working conditions.

<p>True</p> Signup and view all the answers

Alice's employer can refuse her promotion due to her family's health history.

<p>False</p> Signup and view all the answers

Quid pro quo sexual harassment cases involve coworkers making offensive jokes or rude comments or displaying pornographic materials, but not sexual offers or requests.

<p>False</p> Signup and view all the answers

The Civil Rights Act of 1866 offers plaintiffs the possibility of higher compensatory and punitive damage awards than plaintiffs who file under the Civil Rights Act of 1964.

<p>True</p> Signup and view all the answers

Generally speaking, an employer does not have to give workers a day off on their religious Sabbath if doing so would cause an undue hardship for the employer.

<p>True</p> Signup and view all the answers

The manager legally acted to protect the company's interests by not promoting Heather because she is pregnant.

<p>False</p> Signup and view all the answers

Brian is protected by the Age Discrimination in Employment Act if his employer tries to force him to retire early because of his age.

<p>False</p> Signup and view all the answers

In order to be considered sexual harassment, behavior must be so severe that it interferes with an employee's ability to work.

<p>True</p> Signup and view all the answers

Disparate impact applies if the employer has a rule that on its face is not discriminatory, but in practice excludes too many people in a protected group and the rule is not a job-related business necessity.

<p>True</p> Signup and view all the answers

An employer would be expected to make reasonable accommodations for a disabled worker, such as...

<p>allowing a part-time schedule.</p> Signup and view all the answers

Mark was refused employment at a Christian bookstore because he was not a 'born-again Christian.' If Mark brings a Title VII action against the bookstore, the bookstore's best defense would be...

<p>being a 'born-again Christian' is a bona fide occupational qualification.</p> Signup and view all the answers

Which of the following are remedies available to a successful plaintiff under Title VII? (Select all that apply)

<p>All of these are correct</p> Signup and view all the answers

Under the Americans with Disabilities Act, a person with a disabling illness...

<p>is considered disabled, even if the illness is under control.</p> Signup and view all the answers

Under which circumstances would the EEOC consider obesity to be a disability?

<p>if it has an underlying physiological cause and/or if the individual is morbidly obese.</p> Signup and view all the answers

Which Supreme Court case had the most influence on the passage of the Civil Rights Act of 1964?

<p>Brown v. Board of Education.</p> Signup and view all the answers

Which of the following would be a reasonable accommodation under the ADA?

<p>providing part-time schedules to accommodate the disabled worker.</p> Signup and view all the answers

Which federal law protects Americans from being treated unfairly because of differences in their DNA that may affect their health?

<p>The Genetic Information Nondiscrimination Act.</p> Signup and view all the answers

An employer may be liable for an employee's sexual harassment if...

<p>the plaintiff suffered a 'tangible employment action' such as firing or demotion.</p> Signup and view all the answers

Which of the following can never be a bona fide occupational qualification?

<p>Race.</p> Signup and view all the answers

Lamont's employer is engaging in which illegal activity under Title VII?

<p>Disparate treatment.</p> Signup and view all the answers

Which question could an interviewer safely ask a candidate in a job interview?

<p>Could you carry a 100-pound weight, as required by this job?</p> Signup and view all the answers

What is true about Canyon's behavior in hiring Alfred?

<p>Canyon's behavior is prohibited by the Americans with Disabilities Act.</p> Signup and view all the answers

There are four types of illegal activity under the Civil Rights Act of 1964. Which are these four?

<p>Disparate treatment, disparate impact, hostile environment, and retaliation.</p> Signup and view all the answers

Under the ADEA, an employer can win a disparate impact case if it can show that the discriminatory decision was based on a reasonable factor other than...

<p>age.</p> Signup and view all the answers

Study Notes

  • Employers may not use arrest records as evidence since they do not indicate wrongdoing.
  • Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees, prohibiting discrimination based on race, color, religion, sex, or national origin.
  • The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII regulations.
  • Sexual harassment can occur regardless of the gender of the individuals involved.
  • Employers must refrain from using personal social media information for employment decisions without consent.
  • Retaliation occurs when an employer acts to deter workers from reporting discrimination.
  • Race is never a bona fide occupational qualification (BFOQ).
  • Under the Equal Pay Act of 1963, employees must receive equal pay for equal work, regardless of gender.
  • Employers cannot base employment decisions on a worker's family medical history, such as breast cancer in relatives.
  • Quid pro quo sexual harassment includes explicit offers or requests for sexual favors.
  • The Civil Rights Act of 1866 offers higher potential damages than the Civil Rights Act of 1964.
  • Employers must provide religious accommodations unless it causes undue hardship.
  • Employers may not discriminate against pregnant women when making promotion decisions.
  • The Age Discrimination in Employment Act does not protect individuals forced to retire at a specific age.

Understanding Workplace Harassment and Discrimination

  • Sexual harassment is considered severe if it hampers an employee's ability to perform their job.
  • Disparate impact refers to seemingly neutral employment practices that disproportionately affect a protected group.
  • Reasonable accommodations for disabled workers, such as part-time schedules, are required by law.
  • The Americans with Disabilities Act recognizes individuals with manageable conditions as disabled.
  • The EEOC recognizes obesity as a disability only if it has a physiological cause or is classified as morbid.
  • Brown v. Board of Education significantly influenced the Civil Rights Act of 1964, emphasizing the rejection of racial discrimination.
  • Legal actions under Title VII may lead to remedies such as hiring, reinstatement, and compensatory damages.

Affirmative Action and Other Protections

  • Affirmative action is permissible in government contracts when addressing specific past discrimination.
  • The Rehabilitation Act of 1973 prohibits disability discrimination by federal entities and contractors.
  • Filing a Title VII lawsuit requires prior submission to the EEOC.
  • In disparate treatment claims, the plaintiff must demonstrate intentional discrimination.

Employment Practices and Interviewing

  • It is illegal for employers to discriminate based on national origin, which includes non-citizens.
  • Job-related questions that assess a candidate's ability to perform required tasks are permitted in interviews.
  • Employers cannot penalize employees for attending support groups if they are recovering from addiction.

Types of Discrimination

  • The Civil Rights Act of 1964 identifies four types of discrimination: disparate treatment, disparate impact, hostile environment, and retaliation.
  • Employers may defend against disparate impact claims by proving decisions were based on factors other than age.

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Test your knowledge on key concepts from Chapter 30 of Business Law with these flashcards. This quiz covers important topics such as Title VII of the Civil Rights Act and the implications of arrest records for employers. Perfect for students preparing for exams or wanting to strengthen their understanding of business law.

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