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Exam 21: Employment Discrimination

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Question 31

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

A) True
B) False

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Question 32

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The Americans with Disabilities Act requires that employees with disabilities who cannot reasonably accommodate the needs of their employers are not qualified for the work.

A) True
B) False

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Question 33

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State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act.

Resort Hotel Company replaces Sharon,a forty-five-year-old employee,with Terry.Sharon files a suit against the employer under the Age Discrimination in Employment Act.To establish a prima facie case,she must show,among other things,that she is

Ruth is a supervisor for Subs,a restaurant.Tim is a Subs employee.The owner announces that some employees will be discharged.Ruth tells Tim that for sexual favors,she will give him an excellent performance review and recommend a raise.This is

Laura is the only female employee in the maintenance department of Motor Vehicle Sales & Service Inc.Her supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit.This is

Rachel,a fifty-five-year-old member of a racial minority with a disability,believes that she is a victim of employment discrimination.Potentially the most widespread form of discrimination is based on

Mary applies for a job with Northern States Oil Company.Northern States does not hire her because of her ethnicity,or national origin.This is​

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

Holly files an employment discrimination suit against Industrial Corporation under Title VII of the Civil Rights Act on a disparate-impact theory.To succeed,the plaintiff must show that as a member of a protected class,she was adversely affected by any of the following except the employer's

Carly applies for a job at Data Applications LLC for which she is qualified,but for which she is rejected.The employer continues to seek applicants and eventually fills the position.To succeed in a suit against Data for discrimination under the Americans with Disabilities Act,Carly must show that she

Fact Pattern 21-3 Art,who has a disability,is an employee of Banquet Services,Inc.After the installation of new doors on the entrance to Banquet's hall,Art finds it nearly im-possible to enter and exit.For repeatedly failing to be on time,Banquet replaces Art with Connie,who does not have a disability. -Refer to Fact Pattern 21-3.To successfully defend against Art's claim,Banquet will have to show that

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

Jon,a paraplegic,applies for a job as a disk jockey with KLKT,a local radio station.The station's manager says,"You meet all our requirements.But we need someone who can move around the broadcast studio without accommodation." Most likely,Jon could recover from the station under

Gil and Hera are employees of IT Business Solutions,Inc.Under the Equal Pay Act,IT Business Solutions can legitimately pay different wages on the basis of

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

Fact Pattern 21-2 Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 21-2.To succeed with an age-discrimination claim against MVMC,Lomax will have to show that

Once a plaintiff succeeds in proving discrimination,the burden shifts to the employer to justify the discriminatory practice.

Federal law does not prohibit employers from classifying jobs as male or female.

Under the Age Discrimination in Employment Act,a plaintiff must prove that he or she was replaced by a person of the protected class.