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62. Kim, a CPA, works for a small accounting firm consisting of two managing partners, six accountants and four secretaries. During a skiing vacation, Kim has a serious fall and is paralyzed from the waist down. While she cannot walk, her mind is not affected and she is 100% capable of performing her accounting duties. She has asked the firm to widen the aisles between cubicles so she can maneuver her wheel chair and to provide a special desk that is wheel chair friendly. These accommodations would cost less than $1,000. A. under provisions of the Americans with Disability Act her requests should be granted because they are reasonableB. under provisions of the Americans with Disability Act her requests would not be granted because they are not reasonableC. since she can still do her job she is not deemed to have suffered a limitation to a majorlife activityD. the company is not required to make or offer any accommodations to Kim
63. Once the plaintiff has established a prima facie case under the McDonnell Douglas standard and the defendant has presented justification for the actions taken, the plaintiff must now prove any of the following except: A. the defendant's stated reasons had no basis in fact.B. the stated reasons were not the true and accurate reasons.C. the stated reasons were insufficient to explain the defendant's actions.D. the stated reasons contain a mixed motive.64. The Equal Pay Act is an amendment to: A. the Civil Rights Act of 1964.B. the Fair Labor Standards Act.C. the National Labor Relations Act.D. the Social Security Act.65. In Enriquez v. West Jersey Health Systems, the plaintiff began an external transformation from male to female. When her contract was not renewed she brought suit claiming discrimination. A. the plaintiff was not entitled to protection under federal law but was protected by New Jersey state lawB. although there was a New Jersey law protecting Enriquez, because the federal law excluded the plaintiff the state law was deemed preempted and could not be enforcedC. changing sex or changing sexual appearance is intended to be covered by Title VII so Enriquez had a valid suitD. the discomfort of the majority of the plaintiff's coworkers outweighed any rights that the plaintiff might have because the majority should be able to dictate policy
66. In Ricci v. DeStefano, Ricci, a white firefighter, took and passed the City of New Haven firefighter's test, required of all applicants for promotion in the city's fire department. The test was thrown out when it was discovered that minorities scored poorly and the city feared a disparate impact based law suit. A. even though the test was prepared by a professional testing organization, the city has the right to reject the test results if minorities do not score adequatelyB. deliberately oversampling minorities to seek to create a fair test is irrelevant if the testresults show that minorities still scored poorlyC. Ricci, as a member of the white majority, had no grounds to sue when the city was