True or False

81.) BFOQs can constitute many defenses to charges of sex discrimination.

82.) Under the Civil Rights Act of 1991, employers may use special formulas to adjust the scores of disadvantaged minority groups who have taken employment tests.

83.) Homosexuality is not protected under the Americans with Disabilities Act.

84.) Ulanov recently immigrated into the United States from Russia. He is an Orthodox Jew who left Russia to practice his religion. Saturday is the Jewish Sabbath day, which Orthodox Jews spend in prayer rather than at work. Since he is a recent immigrant, his English is not very proficient. Ulanov applies for a job at Torquemada, Inc. The manager refuses to hire Ulanov because of his poor English and because he is unwilling to work on Saturdays. Assume that proficiency in English is not really necessary for the job, and that it would be easy and cost-free for the manager to allow Ulanov to work on Sunday instead of Saturday. What kind of discrimination has Torquemada committed, if any?

A. Discrimination based on race, religion, and national origin.

B. Discrimination based on race and religion.

C. Discrimination based on religion and national origin.

D. Discrimination based on race and national origin.

E. Discrimination based on race only.

F. Discrimination based on religion only.

G. Discrimination based on national origin only.

85.) Title VII of the 1964 Civil Rights Act would apply to

A. a trucking company with ten employees.

B. an employment agency that regularly finds work opportunities for potential employees.

C. an ice cream store that only operates during the summer (i.e., three months).

D. a private company that engages in commerce only within its home state, and whose goods and services never leave that state.

E. (a) and (b).

F. (a), (b), and (c).

G. (a), (b), (c), and (d).

H. (b) and (c).

86.) In this case, the question before the Supreme Court focused on whether the company's sex-specific fetal-protection policy of excluding fertile female employees from certain jobs violated Title VII's ban on sex discrimination.

A. International Union UAW v. Johnson Controls, Inc.

B. Meritor v. Vinson

C. Griggs v. Duke Power Co.

D. Ledbetter v. Goodyear Tire & Rubber Co.

E. The case is not listed here.

87.) A-Z, Inc. has a policy of not hiring women with pre-school age children. Men with pre-school age children are hired. Which statement is correct concerning the 1964 Civil Rights Act ?

A. A-Z's policy is legal because pre-school age children are not a class that is protected from discrimination.

B. A-Z's policy is legal because of a bona fide occupational qualification.

C. A-Z's policy is illegal because it discriminates on the basis of sex.

D. A-Z's policy is illegal because it is a form of reverse discrimination.

88.) Tim applies for a position as a police officer. Tim is 5 feet 4 inches tall. In order to be eligible to work as a police officer, an applicant must be between the heights of 5 feet 6 inches and 6 feet 5 inches. Tim challenges this policy. Which of the following statements is true regarding height and weight requirements?

A. All minimum height standards are illegal.

B. All minimum size standards above 5 feet 2 inches are illegal.

C. All height and weight requirements are legal.

D. All height and weight standards are legal if the requirements validly affect the ability to perform the job.

E. All height and weight standards are legal if the employer is a state or federal law enforcement agency.

89.) At his place of work, Jose was repeatedly subjected to Mexican slurs, jokes, and derogatory statements. The conduct did not impact Jose's pay or benefits. In fact Jose recently received a promotion. Which statement is correct?

A. Jose may have a claim for discrimination on the basis of national origin.

B. Jose does not have a claim of discrimination because there were no economic ramifications of the behavior.

C. Jose does not have a discrimination claim since the company promoted him.

D. Jose does not have a claim of discrimination because there was no disparate impact.

E. Jose does not have a claim of discrimination because he has not been damaged.

F. Jose does not have a claim of discrimination because nobody else heard the remarks.

90.) Christopher is the chair of the largest department at Kennedy & Dolphin University (KDU). In that position, he earns the tenth-highest salary at KDU, which has over four hundred full-time employees. He must undergo coronary bypass surgery, which will incapacitate him during his entire summer vacation and for an additional ten weeks thereafter. He has just informed KDU of his intention to take leave under the Family & Medical Leave Act (FMLA) during his surgery and recovery. Will KDU be required to reinstate Christopher upon his return from leave?

A. Yes, because reinstatement is mandatory under the FMLA.

B. Yes, but only if Christopher has taken the leave without pay.

C. Yes, unless KDU can establish that a substantial and grievous economic injury would occur if Christopher were reinstated.

D. No, an employee who takes FMLA leave must be re-employed, but he has no right of reinstatement to the same position or one of substantial equivalency since it would present too great a hardship on the employer to keep a position open.