TBCh13F - CHAPTER 13 Civil Rights and Employment...

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C H A P T E R 1 3 Civil Rights and Employment Discrimination T RUE -F ALSE Q UESTIONS 1. Many states have passed their own fair employment acts. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 2. The federal statutes on race, gender and employment discrimination apply both to employees and independent contractors. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 3. A plaintiff claiming disparate impact discrimination based on sex must prove that the employer intentionally discriminated against him or her by denying a benefit or privilege of employment (such as a promotion or pay raise) based upon the individual’s sex. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 4. It is not necessary to prove intentional discrimination to prevail in a disparate impact case. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 5. Plaintiffs in Title VII cases may only bring claims of harassment based on sex. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 6. A claim for sexual harassment may be asserted by either male or female employees. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 7. The U.S. Supreme Court has ruled that a showing of a serious effect on an employee’s psychological well-being is necessary for a hostile work environment claim under Title VII. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 188
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189 MANAGERS AND THE LEGAL ENVIRONMENT 8. A majority of the federal courts of appeals have struck down claims for hostile work environment in so-called paramour cases where coworkers have claimed that an employee has received preferential treatment by a supervisor has a result of having sexual relations with the supervisor. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 9. Legislation to amend Title VII to include sexual orientation has not been enacted. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 10. A report prepared by the Equal Employment Opportunity Commission in 2003 shows a steady decrease in religious discrimination claims under Title VII. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 11. To prevail on a claim for retaliation, a plaintiff does not need to prevail on his or her Title VII discrimination claim. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 12. Under federal law there are no caps on either compensatory or punitive damages when sexual harassment is involved. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 13. The Age Discrimination in Employment Act of 1967 protects all persons over 35. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 14. Gender will qualify as a BFOQ where a gender-based restriction is based on the preferences of coworkers, employers, or customers for one sex or the other. ANSWER:
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TBCh13F - CHAPTER 13 Civil Rights and Employment...

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