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Business is booming at the Beefcake Factory, and the restaurant manager is thinking about posting job announcements for a waiter in traditional and social media.

Business is booming at the Beefcake Factory, and the restaurant manager is thinking about posting job announcements for a waiter in traditional and social media. Under Title VII, would doing so constitute disparate treatment (DT) or disparate impact (DI) discrimination?

Select one:

a.

Yes: DT

b.

Yes: DI

c.

Yes: both DT and DI

d.

No

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The Beefcake Factory wants a formal Affirmative Action Plan (AAP). Their lawyer tells them that the AAP should have a reasonable basis. Which of the following is necessary for such a basis?

Select one:

a.

Underutilization

b.

Overutilization

c.

Either underutilization or overutilization

d.

Neither underutilization nor overutilization

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Question 3

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Good Drugs has enacted a formal Affirmative Action Plan (AAP) to address a manifest gender imbalance by hiring more women. (Bernadette approves.) However, some disgruntled male applicants have sued under Title VII for reverse discrimination (gender). If the following are features of the AAP, which feature will hurt Good Drugs in defending its Plan?

Select one:

a.

Use of hiring goals

b.

Use of hiring quotas

c.

Either goals or quotas

d.

Neither goals nor quotas

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Raj came to the USA in 2012 under an H-1B visa, in order to work at CalDreck as an assistant professor. In 2018, Raj returned to India when his residency expired. Can he be readmitted to the USA in 2021 on a new H-1B visa?

Select one:

a.

Yes

b.

Yes, in 2022

c.

Yes, in 2024

d.

No

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Question 5

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Raj has received an offer to interview with Big Telescope, and as part of the pre-employment inquiries, Big Telescopes HR manager asks Raj if he suffers from any medical disabilities. Raj honestly responds that he has been diagnosed with and is receiving treatment for acute gynecaphasia (inability to speak with women). Shortly afterwards, Rajs application is rejected without explanation. Raj believes this rejection was motivated by disability discrimination, and files suit under the ADA. Does Raj win?

Select one:

a.

No: preemployment inquiries are always permissible

b.

No: preemployment inquiries are generally permissible

c.

No: preemployment disability inquiries are generally permissible

d.

Yes: preemployment disability inquiries are prohibited

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EXTRA CREDIT. Hey, you guys are reading the cases in the material, right? Show me. Who was a member of the Metropolitan Alliance of Black School Educators?

Select one:

a.

Cherise

b.

Kalisha

c.

Matthew

d.

Ralpheal

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