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Helene,a disabled person,applies for a job at Industrial Engineering Applications,Inc.,for which she is well qualified,but for which she is rejected.Industrial Engineering continues to seek applicants and eventually fills the position with a person who is not disabled.Helene is most likely to succeed in a suit against Industrial Engineering for discrimination under the Americans with Disabilities Act if she can show that


A) she was not hired solely because of her disabil?ity.
B) she can function well with corrective devices or on medication.
C) her disability causes her undue hardship.
D) she could not perform the job even with reasonable accommodation.

E) None of the above
F) A) and D)

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Most employers can treat their employees more or less favorably based on their religious beliefs or practices.

A) True
B) False

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Fact Pattern 28-1B (Questions B14-B15 apply) Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC) . -Refer to Fact Pattern 28-1B.To succeed with an age-discrimination claim against MVMC,Lomax will have to show that


A) Kyla is not qualified for Lomax's job.
B) Lomax is qualified for his job.
C) MVMC's qualifications for Lomax's job are too high.
D) no one could do Lomax's job as well as he could.

E) C) and D)
F) B) and D)

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Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act of 1964.

A) True
B) False

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The Equal Pay Act and other federal laws prohibit employers from engaging in gender-based wage discrimination.

A) True
B) False

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Satin,Silk & Swimwear,a women's clothing store,employs female attendants who assist customers in the dressing rooms.Toribio,a forty-one-year-old male,applies for an attendant's job,but is not hired.In Toribio's suit against Satin,Silk & Swimwear for employment discrimination under the Civil Rights Act of 1964,the store has


A) no defense.
B) a bona fide occupational qualification defense.
C) a business necessity defense.
D) an affirmative action defense.

E) A) and B)
F) A) and C)

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Sexual harassment occurs when sexual favors are demanded in return for job opportunities,promotions,salary increases,or other benefits.

A) True
B) False

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Free-Flo Pipes & Plumbing Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act of 1964.Punitive damages may be recovered against Free-Flo only if the employer


A) acted with malice or reckless indifference.
B) can easily afford to pay the amount.
C) has one hundred or more employees.
D) consents.

E) B) and C)
F) A) and D)

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Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.

A) True
B) False

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Sweet Air Filtration Products Company,a major supplier of air filters sold throughout the United States,employs one hundred workers at its principal manufacturing plant.The plant is located in Thunder Bay,which has a population that is 50 percent white and 25 percent African American,with the balance Hispanic American,Asian American,and others.Sweet Air requires a high school diploma as a condition of employment for its cleaning crew.Three-fourths of the white population completed high school,compared with only one-fourth of those in the minority groups.Sweet Air has an all-white cleaning crew.Has Sweet Air violated the Civil Rights Act of 1964 Explain.

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Most likely,yes,Sweet Air has violated t...

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The distribution of promotions and other job benefits according to a seniority system is not normally a good defense to a suit for employment discrimination.

A) True
B) False

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Melanie files an employment discrimination suit against Natural Resources Industries Corporation under the Civil Rights Act of 1964 on a disparate-impact theory.To succeed,Melanie must show that members of a protected class are adversely affected by any of the following except the employer's


A) practices.
B) procedures.
C) tests.
D) seniority system.

E) All of the above
F) C) and D)

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If a job applicant or an employee with a disability,with reasonable accommodation,can perform essential job functions,the employer must make the accommodation.

A) True
B) False

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Lisa brings a successful lawsuit against her employer Metal Mold & Die Corporation for unlawful discrimination.Lisa may be awarded


A) back pay,but not retroactive promotions.
B) retroactive promotions,but not back pay.
C) damages,but not back pay.
D) back pay,retroactive promotions,and damages.

E) A) and B)
F) C) and D)

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Elsa participates in an investigation into possible violations of the Civil Rights Act of 1964 at Fabrication Foundry,Inc.,where she works.As a result,Elsa's employer demotes her.Elsa can file a


A) harassment complaint.
B) retaliation claim.
C) constructive discharge claim.
D) disparate-impact discrimination claim.

E) All of the above
F) A) and D)

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Intentional discrimination by an employer against an employee is known as disparate-treatment discrimination.

A) True
B) False

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Iago believes that he is a victim of a form of employment discrimination that falls under the Civil Rights Act of 1964.Compliance with this statute is monitored by


A) employees and job applicants,not an administrative agency.
B) employers and businesses,not an administrative agency.
C) the courts and Congress,not an administrative agency.
D) the Equal Employment Opportunities Commission.

E) B) and D)
F) A) and C)

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


A) reverse discrimination.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

E) A) and C)
F) B) and D)

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Conrad and Delilah are employees of EcoCrop Feed & Seed Corporation.Under the Equal Pay Act,EcoCrop can legitimately pay different wages on the basis of


A) seniority.
B) job descriptions.
C) substantial equality of skill,effort,and responsibility.
D) gender.

E) A) and B)
F) A) and C)

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Lumber Mill Inc.is a private employer with more than twenty employees.Its employment practices do not indicate a past pattern of discrimination.It is located in Metro City,which has recently seen an increase in the number of its citizens who are members of protected classes.Under the Civil Rights Act of 1964,Lumber Mill is


A) required to promote diversity in its workplace,but not to implement an affirmative action policy.
B) not required to implement an affirmative action policy.
C) required to implement an affirmative action policy until the number of its minority employees is proportional to the number of minority individuals in Metro's labor pool.
D) required to implement an affirmative action policy that considers race merely as a plus factor.

E) C) and D)
F) A) and B)

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