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Will Billy prevail if he contends that because the new rule makes being slender a job requirement for all servers,he can require Julia to take time off work?


A) Billy will lose because pursuant to the Pregnancy Discrimination Act (PDA) of 1987,an employer may not force a woman to take time off work during her pregnancy.
B) If he can prove that he also requires males to be of a certain type,then that is a bona fide occupational qualification;and Billy can require that of Julia with a resulting discharge.
C) Billy will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only.
D) Billy will only prevail on a defense of bona fide occupational qualification if he can establish that he has an established history of requiring skinny servers and that he did not single out Julia.
E) Billy will only prevail on a defense of bona fide occupational qualification if he can establish that Julia was attempting to voluntarily get pregnant.

F) B) and E)
G) A) and B)

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A

Title VII is not applicable to American firms' overseas operations.

A) True
B) False

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After a charge is filed with the EEOC and the EEOC finds reasonable cause,it will first attempt to eliminate the discriminatory practice through which of the following methods?


A) Conciliation
B) Mediation
C) Litigation
D) Intervention
E) Arbitration

F) B) and D)
G) D) and E)

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Set forth the definition of sexual harassment stated by the EEOC and accepted by the U.S.Supreme Court.

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The definition of sexual harassment stat...

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________ of the Civil Rights Act of 1964 deals with discrimination in employment.


A) Title III
B) Title IV
C) Title VII
D) Title VI
E) Title V

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

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What initial burden does a plaintiff have in order to state a cause of action for discrimination based on disparate impact?


A) The plaintiff must show that the alleged "business necessity" is a mere pretext.
B) The plaintiff must demonstrate a prima facie case of discrimination.
C) The plaintiff must show that the reason given by the employer is a mere pretext.
D) The plaintiff must establish statistically that a rule restricts employment for those in a protected class.
E) The plaintiff must provide specific examples of the employer's discrimination.

F) B) and D)
G) B) and C)

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Which of the following measures a psychological trait needed to perform a job?


A) Performance validity
B) Content validity
C) Construct validity
D) Criterion-related validity
E) Object validity

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

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Title VII of the Civil Rights Act applies to employers who have ________ or more employees for ________ consecutive weeks within one year and who are engaged in a business that affects commerce.


A) 50;20
B) 20;50
C) 15;30
D) 15;20
E) 20;52

F) B) and C)
G) B) and D)

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D

Gavin and Abby worked for Mega Grocery,a chain of grocery stores.Gavin was a manager,and Abby was a cashier.Gavin was angry with Abby because she would not go on a date with him.Mega Grocery set up,maintained,and allowed employees to use an online forum to post suggestions and complaints.Gavin and some other employees posted derogatory comments regarding Abby,criticized her for refusing to go out with Gavin,and poked fun at her appearance.Abby complained to Mega Grocery's human resource manager who told her that the forum was open to all employees,that Mega Grocery had a policy of not interfering,and that Abby should just post a reply.Discuss whether Mega Grocery should be required to intervene or whether Mega Grocery is allowed to have an open forum.Also,discuss what you ethically believe the law should be in this area.

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Mega Grocery would have a duty to intervene.As discussed in the text,employers have a duty to remedy online harassment when they have notice that employees are engaged in a pattern of retaliatory harassment using a work-related online forum.Student answers may vary regarding what responsibilities they believe employers should have in this area.

What is the name of the defense an employer can raise in response to a Title VII action,which allows the employer to give preferential treatment to employees based on their length of service?


A) Loyalty defense
B) Merit defense
C) Time served defense
D) Bona fide occupational qualification defense
E) Seniority system defense

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

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Is Zeke covered under the Americans with Disabilities Act?


A) No,Zeke will not be covered under the act because he cannot establish that he has a documented mental disability.
B) No,Zeke would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability.
C) No,Zeke is not covered under the act because,by his own admission,he has no actual physical disability.
D) No,Zeke would not be covered under the act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the act pertaining to perceptions of disability.
E) Yes,Zeke would likely be covered under the act because he is regarded as having an impairment so long as he can establish that he is substantially limited in performing a major life activity.

F) B) and C)
G) A) and B)

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are not a type of entity that may be covered by Title VII.


A) Private employers with 10 or fewer employees
B) Indian tribes
C) Unions
D) Employment agencies
E) Private clubs

F) A) and B)
G) A) and C)

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Employers cannot use social media in making employment decisions because it is against federal law.

A) True
B) False

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________ occurs when a supervisor makes a sexual demand on someone of the opposite sex and this demand is reasonably perceived by the employee as a term or condition of employment.


A) Hostile work environment
B) Unwelcome sexual advances
C) Offensive work environment
D) Workplace sexual contact
E) Quid pro quo

F) B) and E)
G) A) and B)

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What did the U.S.Supreme Court rule in Harris v.Forklift Systems,Inc. ,the case in the text involving Title VII and whether psychological injury is necessary in order for a plaintiff to prevail?


A) That tangible psychological injury is necessary in order to prevail in a sexual harassment case under Title VII.
B) That whether the conduct at issue is physically threatening is the determining factor on the issue of whether psychological damages are available.
C) That whether the victim subjectively perceived the work environment to be abusive and suffered psychological injury is irrelevant to whether a violation of Title VII based on sexual harassment occurred.
D) That courts should apply a precise mathematical test as prescribed in the case in order to determine whether psychological damages are available.
E) That so long as the environment would reasonably be perceived,and is perceived,as hostile or abusive,there is no need for it also to be psychologically injurious.

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

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Federal law is considered as a[n] level of protection for all workers.


A) Equal
B) Minimum
C) Maximum
D) Greater
E) Lesser

F) A) and D)
G) D) and E)

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is the term for the principle that an employee may be fired for no reason at all?


A) Unsupported discharge
B) Fire-at-will
C) Without-reason-firing
D) At-will employment
E) No-reason-firing

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

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An employee who is employed under a collective bargaining agreement is considered to be an at-will employee.

A) True
B) False

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Which of the following acts has as its goal preventing employers from discriminating against employees and applicants with disabilities?


A) The Civil Rights Act-Title VII
B) The Handicapped Americans Act
C) The Americans with Disabilities Act
D) The Disabled Citizens Act
E) The Disabled Americans Act

F) None of the above
G) B) and D)

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In the area of employee testing,which of the following shows a statistical relationship between test scores and objective criteria of job performance,in the area of employee testing?


A) Content validity
B) Performance validity
C) Object validity
D) Construct validity
E) Criterion-related validity

F) A) and B)
G) B) and D)

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