Test Bank for Employment Law for Business 7th Edition by Bennett Alexander

Test Bank for Employment Law for Business 7th Edition by Bennett Alexander

Chapter 08
Gender Discrimination

True / False Questions

1. (p. 347) Prior to passage of the Civil Rights Act of 1964, it was common for states to have laws that limited or prohibited women from working at certain jobs, under the theory that women needed to be protected by men.
TRUE

Difficulty: 1 Easy

2. (p. 356) Gender Plus discrimination refers to discrimination based on transgenderism.
FALSE

Difficulty: 2 Medium

3. (p. 364) Under the Equal Pay Act, the content of the job, rather than the job title or description, determines the comparison of whether two jobs are substantially the same.
TRUE

Difficulty: 2 Medium

4. (p. 360) Conrad Parker owns Inner Serenity Salon and Day Spa. He also sells a line of cosmetics called Conrad Parker. Conrad requires all makeup artists to wear black. The men must wear black pants and black T-shirts. The women must wear black skirts, black sweaters and high heeled shoes. Conrad believes that the makeup sells better if the females are dressed in a feminine way. He fired Selena for wearing pants to work. She will win her gender discrimination lawsuit.
FALSE

Difficulty: 3 Hard

5. (p. 366) Comparable worth claims, under Title VII, have generally been successful in the federal courts.
FALSE

Difficulty: 2 Medium

6. (p. 368) In Ledbetter v. Goodyear Tire and Rubber Co., the Supreme Court held that Lilly Ledbetter could not sue for gender discrimination in pay because the statute of limitations expired 180 days from the initial discriminatory event, which had occurred years before.
TRUE

Difficulty: 1 Easy

7. (p. 370) Marlene applied for a job as a travel agent. At the time, she was five months pregnant. Agnes, the manager told her that the company was very interested in hiring her because her references were excellent, but she should reapply after she had the baby and had found reliable day care. Marlene has no recourse under Title VII for gender discrimination.
FALSE

Difficulty: 3 Hard

8. (p. 372) If a pregnant employee is unable to perform her job because of her pregnancy, the employer should treat her just as any other employee who is temporarily unable to perform job duties.
TRUE

Difficulty: 1 Easy

9. (p. 353) A 270-pound woman who lost a promotion to a woman who was “thinner and cuter,” can make a case for gender discrimination under Title VII because overweight women are routinely discriminated against in the workplace.
FALSE

Difficulty: 1 Easy

10. (p. 373) Employers can bar women from working in certain areas of the facility in order to guard against potential harm to an unborn fetus or to a female’s reproductive organs without incurring liability for gender discrimination.
FALSE

Difficulty: 2 Medium

Multiple Choice Questions

11. (p. 364) Padma is a seamstress for Lacy’s, a large upscale department store. Hector is a tailor in the same store. They were both hired the same year and have similar experience. However, Hector is routinely paid more than Padma. If Padma files a claim under the Equal Pay Act
A. Padma will lose, if Lacy’s pays based on the number of pieces altered in a week and Hector routinely alters more pieces per week.
B. Padma will lose, if Lacy’s pays Hector more because he is older than Padma.
C. Padma will lose, if Lacy’s pays Hector more because he is the only Hispanic male employee.
D. All of the choices are correct.

Difficulty: 2 Medium

12. (p. 355) Boyd Myers is CEO of Dogwood Enterprises. He is having an affair with Sandra Ralston, the company’s Director of Manufacturing. The Vice-President of Manufacturing position became available and Carlton Mathews applied. Boyd gave the job to Sandra.
A. Carlton can prevail on a claim of gender discrimination because he is of a different gender than the employee who received preferential treatment based upon a romantic relationship.
B. Carlton can prevail on a claim of gender discrimination because the sexual attraction and satisfaction that motivated the discrimination are inseparable from the paramour’s gender.
C. Carlton can prevail on a claim of gender discrimination because it is important to eliminate workplace sexual favoritism.
D. None of the choices are correct.

Difficulty: 2 Medium

13. (p. 368) The Equal Pay Act
A. was enacted in 1939 as part of The National Labor Relations Act.
B. was enacted in 1963 as an amendment to the Fair Labor Standards Act.
C. was enacted in 1971 as amendment to Title VII of the Civil Rights Act.
D. None of the choices is correct.

Difficulty: 2 Medium

14. (p. 383) The Foggy Bottom Sheriff’s Department requires all applicants for deputy sheriff to pass a pre-employment agility test. It requires that an applicant to do 30 sit-ups in one minute, 25 pushups with no time limit, run 300 meters in 1 minute 11 seconds and drag a 165 pound dummy for a distance of 40 feet in 1 minute. Lisa McGregor fails the test. There are no female deputy sheriffs in the department.
A. Lisa has a valid claim for gender discrimination because the requirements of the agility test are too strenuous for most women.
B. Lisa has a valid claim for gender discrimination because the requirements of the agility test are just a subterfuge to avoid a claim of discrimination for screening applicants by height and weight.
C. Lisa does not have a valid claim for gender discrimination if the department can show that the agility test, as composed, is job-related and necessary.
D. Lisa does no have a valid claim for gender discrimination because the requirements of the agility test are not too strenuous for some women.

Difficulty: 2 Medium

15. (p. 383) Women who are excluded from positions based on height and weight requirements can prove discrimination
A. unless there was no discriminatory motive behind the challenged policy.
B. unless the height and weight requirements can be proven to be directly correlated to the ability to do the job.
C. unless the height and weight requirements also screen out some men.
D. None of the choices are correct.

Difficulty: 2 Medium

16. (p. 356) Corinna is a sales representative for The Word Was Good, a distributor of religious books. Corrina lives with her boyfriend. She is pregnant. Her sales manager tells her that she cannot keep her job because having an unwed pregnant sales representative, and, later on, an unwed mother, is bad for The Word’s image. Corrina feels that her employer’s action is discriminatory.
A. Corrina cannot bring a case under Title VII because it is a business necessity for sales representatives of The Word Was Good to present a wholesome image.
B. Corrina can bring a case of gender plus discrimination under Title VII.
C. Corrina can bring a case of disparate impact gender discrimination under Title VII because the concept of wholesomeness has an adverse impact on women.
D. Corrina cannot bring a case under Title VII because it is a BFOQ for sales representatives of The Word Was Good to present a wholesome image.

Difficulty: 3 Hard

17. (p. 364) Dahlia is a photography analyst. She reviews photographs for placement in a stock images catalog. Her male colleagues, who review photographs for placement in a stock images catalog, are image technicians. She complains that she is paid less for doing the same work as them.
A. Dahlia will prevail on a claim under the Equal Pay Act if the jobs require equal skill, effort and responsibility.
B. Dahlia will not prevail on a claim under the Equal Pay Act because the wage rates for these jobs have been historically different.
C. Dahlia will not prevail on a claim under the Equal Pay Act because the company hired image technicians before it hired photography analysts so all of the technicians have more years with the company than she does.
D. Dahlia will prevail on her claim under the Equal Pay Act if she can show that her job as a photography analyst is more productive than an image technician is safe from liability under the Equal Pay Act.

Difficulty: 3 Hard

18. (p. 369-370) The local T.V. station has an opening for evening sports caster. Yvonne, a recent graduate with a degree in broadcast journalism, applied for the job. She was told that they had to hire a man because the job required covering the local high school football teams and spending time in the locker rooms. Yvonne was not hired.
A. Yvonne has no claim for gender discrimination because the employer can use BFOQ as a valid defense.
B. Yvonne has a valid claim for gender discrimination and BFOQ cannot be used as a defense because the interviews of the players can take place outside the locker room.
C. Yvonne has no claim for gender discrimination because the employer can hire anyone he wants to represent his T.V. station.
D. None of the choices are correct.

Difficulty: 3 Hard

19. (p. 361) Based on a case study in The American Journal of Forensic Psychiatry in which it was found that a jury would consider a female defense attorney as bolstering the credibility of a male defendant, John, a defendant in a case involving allegations of sexual harassment and rape insists that the firm of Elliot and Ness put a female attorney in charge of his criminal case. The firm has 11 attorneys (four female and 11 male). One of the male attorneys feels that he is more qualified to handle the case and objects to assigning a female attorney based on John’s preference. If the law firm assigns a female attorney to John’s case, it is
A. not a violation of Title VII because it is a BFOQ based on the case study.
B. a violation of Title VII because it is based on customer preference.
C. not a violation of Title VII because John can articulate a legitimate nondiscriminatory reason for his preference.
D. a violation of Title VII because the law firm has more than twice as many male attorneys as female attorneys.

Difficulty: 3 Hard

20. (p. 348) Stephanie is transgendered. Prior to becoming a woman, she was employed in the accounting department at Wright Brothers, LLC. She was fired after reporting to work dressed as a woman.
A. Stephanie has a cause of action under Title VII for gender discrimination against her former employer because she was fired for being transgendered.
B. Stephanie does not have a cause of action under Title VII for gender discrimination because discriminating against transgendered persons is not considered gender discrimination.
C. Stephanie does not have a cause of action under Title VII for gender discrimination because she did not file the action before she became a woman.
D. Stephanie has a cause of action under Title VII for gender discrimination because she is legally considered a woman.

Difficulty: 3 Hard

21. (p. 346) The 1991 Civil Rights act created the “Glass Ceiling Commission”
A. to determine why black men were more likely to be promoted in spite of the glass ceiling.
B. to determine whether a “glass ceiling” exists.
C. to investigate the barriers to female and minority advancement in the workplace.
D. None of the choices are correct.

Difficulty: 3 Hard

22. (p. 351) Mr. Tompkins, of Tompkins, Lawlor & Tompkins, Attorneys at law, was conducting an interview for a first year associate. He asked Misty Rabon if she was married and when she intended, if ever, to have children. His second interview was with Scott Naylor. He did not ask Scott either of these questions.
A. Misty Rabon has a claim for gender discrimination.
B. Misty Rabon does not have a claim for gender discrimination because she was never employed by the law firm.
C. Misty Rabon does not have a claim for gender discrimination because she was the only person that heard Mr. Tompkins ask the questions.
D. None of the choices are correct.

Difficulty: 2 Medium

23. (p. 352) Harry and Sally work for Chemco Chemical Supply Company. Harry and Sally attended a concert out of town and failed to show up to work the following day. When they returned to work, Harry was given a verbal warning and Sally was terminated.
A. Sally has a claim for gender discrimination.
B. Sally does not have a claim for gender discrimination if the company policy provides for termination for unexcused absences from work.
C. Sally does not have a claim for gender discrimination if Harry has more seniority.
D. Sally does not have a claim for gender discrimination if she has more seniority.

Difficulty: 2 Medium

24. (p. 352) Solid Security Service hires male and female security officers. Solid only assigns the female employees to work at the local mall from 10:00 a.m. to 3:00 p.m. The company’s rationale is that the mall is a low risk area for violent crime until 3:00 p.m. Male employees are allowed to work day and night shifts and are assigned to a variety of work sites.
A. Solid is not liable for gender discrimination because it can use BFOQ as a defense to any claim filed by its female employees.
B. Solid is not liable for gender discrimination because it employs men and women.
C. Solid is liable for gender discrimination because its male and female employees are being treated differently based on their gender.
D. Solid is not liable for gender discrimination because it pays all employees based on the same wage scale, regardless of gender.

Difficulty: 2 Medium

25. (p. 383) Laura Manning applied for a job as a firefighter. She was 5-feet-2-inches tall and weighed 110 lbs. Laura was denied the position because she did not meet the height and weight requirements of 5-feet-4-inches tall and 130 lbs. The fire department’s height and weight requirements
A. are not discriminatory if it can be shown that there is a relationship between the height and weight of the firefighter and her ability to perform the job.
B. are not discriminatory because historically, firefighters have always been tall.
C. are not discriminatory because Title VII only applies to gender discrimination, not long-standing societal traditions.
D. None of the choices are correct.

Difficulty: 2 Medium

26. (p. 359) The dress code for Bright View Home Decorating required employees to report for work dressed in “smart casual clothes.” This meant that male employees could wear open collar sport shirts and women could wear slacks. However, when the district manager was scheduled to visit the Village of Upper Edge location, the Upper Edge store manager told the male employees to wear ties “because the district manager likes a professional look” and told female employees to wear skirts or dresses “because the district manager likes to see some leg.” Under Title VII, female employees at the Upper Edge store
A. cannot complain because an employer has the right to set the workplace dress code.
B. cannot complain because both make and female employees have to dress to please the district manager.
C. can complain because it is harder to select an appropriate skirt or dress than an appropriate tie.
D. can complain because the difference in attire is based on gender and has no business necessity.

Difficulty: 1 Easy

27. (p. 361) Katie Fleming is a qualified carpenter just like her father and 4 brothers. She applied for a job with Kent Construction, LLC. Katie was assigned to work on the current project. A number of her co-workers complained saying they did not want to work with a woman and would not work with a woman. The entire crew threatened to walk off the job. Katie was subsequently terminated.
A. Kent Construction is not liable for gender discrimination because of the business necessity defense.
B. Kent Construction is not liable for gender discrimination and can use BFOQ.
C. Kent Construction is liable for gender discrimination since Katie was fired because she was a woman.
D. None of the choices are correct.

Difficulty: 1 Easy

28. (p. 385-386) Smith Paving, Inc. has a contract to construct a new bypass around the city. The project is approximately 23 miles from Smith’s office. Kelly O’Neal and Portia Davis were hired to keep track of the supplies delivered to the site. They were the only females working at this job site. Smith has installed portable restrooms at the construction site. Initially, Kelly and Portia would take breaks and drive back to the office to use the restroom because the on site restrooms were unsanitary. However, the foreman complained that these breaks took too much time. Kelly and Portia asked Smith to install a portable “female only” restroom because the others were unsanitary and could lead to urinary tract infections in females.
A. Kelly and Portia’s request for a separate restroom constitutes gender discrimination and Smith cannot comply without being liable under Title VII.
B. Kelly and Portia’s request for a separate restroom should be granted unless installing the separate portable restroom would be an unreasonable financial burden to Smith.
C. Smith has no legal obligation to provide separate restrooms unless state law requires him to do so.
D. Smith can terminate Kelly and Portia for leaving the job site to use the restroom.

Difficulty: 2 Medium

29. (p. 364) Jill and Seth, recent graduates, were hired as computer analysts for HRJ Enterprises. In a conversation over lunch, Jill discovered that Seth’s salary was 15% higher than hers. Assuming that she was being paid less because she was a female, Jill contacted the human resources department demanding that her salary be increased by 15%. She was told that Seth had violated company policy by discussing his salary. Seth told Jill later that the company lowered his salary by 15%.
A. Jill does not have a claim for discrimination under the Equal Pay Act because the company remedied the wage discrepancy by lowering Seth’s salary.
B. Jill does have a claim for discrimination under the Equal Pay Act because the company remedied the wage discrepancy by lowering Seth’s salary.
C. Jill would only have a claim under the Equal Pay Act because Title VII does not address gender discrimination relating to compensation.
D. Jill does not have a claim for discrimination because employers are free to set initial salaries without incurring liability under the Equal Pay Act or Title VII.

Difficulty: 3 Hard

30. (p. 373) Fetal protection polices
A. subject employers to tort liability on the basis of negligence for harm to the unborn fetus of an employee.
B. are prohibited by Title VII if the policy applies only to women.
C. are prohibited by Title VII if the policy applies to women and men.
D. None of the choices are correct.

Difficulty: 2 Medium

31. (p. 357) Titanium Office Products has had a record breaking year in terms of sales and revenue. It decides to reward its top sales representatives. Fourteen of the top reps are men and 7 are women. Titanium gives each of the reps an overnight stay at a top luxury hotel. In addition, the company pays for each of the men to play a round of golf at the hotel and tells the men that they can each invite one client as a guest for golf and lunch. The women are each given a full day beauty treatment at the hotel’s spa but no round of golf. The women complain that Titanium’s rewards are discriminatory.
A. The rewards are gender neutral because men like to play golf and women like to get a spa beauty treatment.
B. The rewards are discriminatory because Titanium did ask the women if they wanted to invite one client for a spa treatment.
C. The rewards are discriminatory because they are based on gender stereotypes and affect the women’s employment.
D. The rewards are not discriminatory because Titanium’s rewards to its sales staff are a gift beyond their regular compensation.