A critical element in retaliation claims is that a Plaintiff must show membership in a protected class in order to prevail.

	True
	False

A neutral requirement or practice refers to anything other than protected class characteristics used as a grounds for making employment decisions.

	True
	False

In an adverse impact case, the employer bears the burden of showing that the challenged requirement or practice is job related or consistent with business necessity.

	True
	False

The federal government's definition of applicant does not include persons who indicate an interest in being considered for an employment activity.

	True
	False

The Americans with Disabilities Act (ADA) is similar to other federal antidiscrimination laws because it directly prohibits preemployment inquiries that might reveal the existence of the protected class characteristics (e.g., disability, etc).

	True
	False

Word-of-mouth recruiting is the same as nepotism.

	True
	False

H-2A visas are for temporary workers in agriculture or logging.

	True
	False

In the context of recruiting "material facts" are those that would affect a person's decision to accept or not accept a job.

	True
	False

L-1 visas allow multinational companies to temporarily transfer staff from one state to another.

	True
	False

Failing to check for a criminal record is one of the ways to a negligent hiring claim.

	True
	False

Are you available to work on weekends is an inadvisable pre employment inquiry.

	True
	False

Are you at least eighteen years of age is an inadvisable pre employment inquiry?

	True
	False

The federal government's definition of applicant includes any person who indicates an interest in being considered for an employment opportunity.

	True
	False

Disparate treatment is an unequal treatment based on one or more protected class characteristics that results in the limitation or denial of an employment opportunity.

	True
	False

Labor trafficking is defined as the recruitment, harboring of a person for the obtaining of his or her labor services only.

	True
	False

A fraud claim must involve the misrepresentation of fact.

	True
	False

A Bona Fide Occupational Qualification defense does not involve facially discriminatory practices.

	True
	False

Customer preference is a consideration in a Bona Fide Occupational Qualification.

	True
	False

A regulation which contains gender bias must meet the compelling governmental interest standard.

	True
	False

For an affirmative action plan to be upheld by a federal court, it must be narrowly tailored and remedial in nature.

	True
	False

Reverse discrimination is not protected under Title VII of the 1964 Civil Rights Act.

	True
	False

In Constitutional cases, courts subject the use of racial preferences in affirmative action plans to strict scrutiny.

	True
	False

According to the federal courts, strict scrutiny means challenged regulations are presumptively unconstitutional.

	True
	False

Race can be a bona fide occupational qualification.

	True
	False

Age disparate impact claims brought under the ADEA are again handled somewhat differently than cases brought under other laws. The employer has the burden in these cases of showing that a challenged requirement or practice is a reasonable factor other than age.

	True
	False