17.Bruce believes that his employer, Delta Supply Company, discriminated against him because of his age. Bruce files a suit against Delta under the Age Discrimination in Employment Act of 1967. To establish a prima facie case of discrimination, Bruce must show many things including that

a.Bruce is a member of a protected class.

b.Delta has no legal defenses against his claim.

c.a younger person was hired.

d.all of the above.

18.The Merit Systems Protection Board issues a rule. Like other administrative agencies' legislative rules, or substantive rules, this rule is as

a.binding as a law passed by Congress.

b.persuasive as an expert's opinion.

c.suggestive as a newspaper's editorial.

d.unenforceable as a salesperson's puffery

Fact Pattern 2 (Questions 19 & 20 apply)

Evan works for Bobcat Company.In January, Bobcat adopts an "Employee Update Examination," which it requires all employees to take and pass. Evan fails the exam three times and is discharged. Evan files a lawsuit against Bobcat, claiming disparate-impact (unintentional) discrimination.

19.Refer to Fact Pattern 2. Evan must first prove that Bobcat's practice has a disparate impact on a protected class and then Bobcat

a.Bobcat must prove that it is in intrastate commerce.

b.Bobcat must prove that the practice is a business necessity.

c.Bobcat must give Evan another opportunity to pass the test.

d.Bobcat must give Evan another reason for not hiring him.

.

20.Refer to Fact Pattern 2. Bobcat learns during discovery that Evan lied on his employment application. Bobcat can use this

a.as a complete defense to Evan's discrimination claim.

b.to alter the award that Evan might otherwise receive from the court.

c.both a and b.

d.none of the above.

21.Which of the following protects people in the workplace from discrimination based

on race:

a.The United States Constitution.

b.Amendments 5 and 14.

c.Title VII of the Civil Rights Act of 1964.

d.none of the above.

22.Bob has a disability and he belongs to the ABC religion. Sally, his boss, doesn't like the ABC religion and she fires Bob.Bob can win a lawsuit against Sally if:

a.Bob is qualified for the job and to keep him on the job would not be an undue hardship to Sally's business.

b.Bob is in a recognized religion.

c.Sally can reasonably accommodate the disability but she does not have to tolerate a religion she never knew existed.

d.none of the above.

23.Kathy is 200 pounds and is 5'8"tall. Dan does not want to hire her for his secretary even though she is qualified because he doesn't want to buy a stronger chair for her to sit in. Kathy may be able to sue Dan if:

a.She sues under the U.S. Constitution.

b.if she sues under the 5^thand 14^thAmendments.

c.she sues under Title VII of the Civil Rights Act of 1964.

d.she lives in a state that has weight as a protected class.

24.Kathy is 300 pounds and is 5 feet tall. Dan does not want to hire her for his secretary even though she is qualified because he doesn't want to buy a stronger chair for her to sit in. Kathy may be able to sue Dan if:

a.She is the only woman applying for the job and no other women work in the office.

b.if she sues under the 5^thand 14^thAmendments.

c.she sues under Title VII of the Civil Rights Act of 1964.

d.she qualifies as having a disability.