Test bank for employment and labor law 10th edition patrick j cihon james ottavio castagnera

Test Bank for Employment and Labor Law, 10th Edition, Patrick J. Cihon, James Ottavio Castag

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Ch07: Gender and Family Issues: Title VII and Other Legislation True / False 1. Title VII of the Civil Rights Act protects all individuals from employment discrimination based on sex or gender. a. True b. False ANSWER: True 2. Section 703(e)(1) of the Bona Fide Occupational Qualification allows employer to select employees based on sex and gender in certain instances. a. True b. False ANSWER: True 3. An employer who requires women to wear a uniform but has no such requirement for men violates Title VII of Civil Rights Act. a. True b. False ANSWER: True 4. An employer who places additional requirements on employees of a certain gender but not on employees of the opposite gender does not violate Title VII. a. True b. False ANSWER: False 5. The Equal Pay Act of 1963 requires that women should be paid more than men even if they perform substantially equal work in same establishment. a. True b. False ANSWER: False 6. The Equal Pay Act’s coverage is similar to that of the Fair Labor Standards Act. a. True b. False ANSWER: True 7. The Equal Pay Act does not cover state and local government employees. a. True b. False ANSWER: False 8. There is no provision for employers’ defense under The Equal Pay Act. a. True b. False ANSWER: False Copyright Cengage Learning. Powered by Cognero.

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Ch07: Gender and Family Issues: Title VII and Other Legislation 9. When the pay differentials between the male and female employees are due to a seniority system, a merit pay system, a productivity-based pay system, or “a factor other than sex,” the pay differentials do not violate Title VII. a. True b. False ANSWER: True 10. An organization claiming to act in good faith under Equal Pay Act need not show objective reason for its belief that it was acting legally as it is not considered as evidence in the court of law. a. True b. False ANSWER: False 11. Employers who fire pregnant employees because of the assumption that the employees will likely be absent from work for lengthy periods is a violation of Title VII. a. True b. False ANSWER: True 12. The Family and Medical Leave Act, allows eligible employees to take up to twelve weeks of unpaid leave in any twelve months. a. True b. False ANSWER: True 13. In Fountain v. Safeway Stores, Inc. the court held that men may be required to wear a necktie while women are not. a. True b. False ANSWER: True 14. An employer may require a second or third medical opinion at the employee’s expense when the employee applies for leave under serious health condition. a. True b. False ANSWER: False 15. The EEOC clearly states that sexual harassment does not amount to gender discrimination and hence does not violate Title VII. a. True b. False ANSWER: False Multiple Choice 16. Which of the following prohibits advertising for male or female employees in help-wanted notices (apart from a few exceptions) or maintaining separate seniority lists for male and female employees? a. Bona fide occupational qualification (BFOQ) Copyright Cengage Learning. Powered by Cognero.

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Ch07: Gender and Family Issues: Title VII and Other Legislation b. Section 703 c. Equal Pay Act d. The Bennett Amendment ANSWER: a 17. Which of the following reasons is sufficient to support a bona fide occupational qualification (BFOQ)? a. Employer convenience b. Customer preference c. Co-worker preference d. Business necessity ANSWER: d 18. When an employer places additional requirements on employees of a certain gender, but not on employees of the opposite gender, this is known as: a. leave discrimination. b. sexual harassment. c. gender-plus discrimination. d. equal pay discrimination.

ANSWER: c 19. The provision that men and women performing substantially equal work should be paid equally is part of the: a. the Equal Pay Act. b. the Family and Medical Leave Act. c. the Pregnancy Discrimination Act. d. “Gender-Plus” Discrimination.

ANSWER: a 20. The Equal Pay Act’s coverage is similar to that of the: a. National Labor Relation Act. b. Pregnancy Discrimination Act. c. Fair Labor Standards Act. d. Occupational Safety and Health Act. ANSWER: c 21. An act that amends Title VII by extending the time limit for filing suit for pay discrimination cases is known as the: a. Limitation Act. b. Fair Labor Standards Act. c. Age Discrimination Act. d. Lilly Ledbetter Fair Pay Act. ANSWER: d 22. The remedies available under a government suit for the violation of Pay Discrimination Act include: a. injunction and back pay with interest. b. criminal proceedings and coverage for damages.

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Ch07: Gender and Family Issues: Title VII and Other Legislation c. criminal proceedings and back pay with interest. d. injunction and coverage for damages.

ANSWER: a 23. Pay differentials between employees of different sexes is allowed when the differential is due to seniority, merit or productivity-based pay system, or factor other than sex under: a. Section 704(k) of Title VII. b. National Labor Relation Board. c. Section 703(e)(1) of Title VII. d. Section 703(h) of Title VII. ANSWER: d 24. Under the Family and Medical Leave Act, the employer may deny leave to employees, who are designated as: a. “employees on probation”. b. mandatory employees. c. “key employees”. d. temporary employees.

ANSWER: c 25. Harassment where the employee’s response to the harassment is considered in granting employment benefits is called: a. hostile environment harassment. b. mental harassment. c. defamation. d. quid pro quo harassment.

ANSWER: d 26. ______ state(s) that employers are liable for sexual harassment by supervisory or managerial employees or co-workers and may also be liable for harassment by coworkers or even nonemployees under certain circumstances. a. The National Labor Relation Board b. The Occupational Safety and Health Act c. EEOC guidelines d. U.S. Constitution ANSWER: c 27. In which of the following cases did the court hold that an employer who requires women to wear a uniform but has no such requirement for men violates Title VII? a. Fountain v. Safeway Stores, Inc. b. Carroll v. Talman Federal Savings & Loan Assoc. c. Baker v. California Land Title Co. d. Willingham v. Macon Tel. Publishing Co. ANSWER: b 28. According to ___________ is it lawful for women to be permitted to wear long hair while males are not permitted to have hair below the collar in a workplace. a. Title VII. Copyright Cengage Learning. Powered by Cognero.

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Ch07: Gender and Family Issues: Title VII and Other Legislation b. the U.S. Constitution. c. Occupational Safety and Health Act. d. National Labor Relation Board’s regulations.

ANSWER: a 29. Prior to the U.S. Supreme Court decision in_______, the federal courts had consistently held that Title VII’s prohibition of discrimination based on gender does not extend to discrimination against homosexuals or lesbians. a. Smith v. City of Salem, Ohio b. Price Waterhouse v. Hopkins c. Nichols v. Azteca Restaurant Enterprises, Inc. d. None of these answers.

ANSWER: b 30. In which of the following cases did the court hold that a male employee who was subjected to abuse and ridicule by managers and coworkers because of his effeminate appearance had established a claim under Title VII? a. Price Waterhouse v. Hopkins. b. Willingham v. Macon Tel. Publishing Co. c. Baker v. California Land Title Co. d. Nichols v. Azteca Restaurant Entreprises, Inc. ANSWER: d 31. In Kouba v. Allstate Insurance Co., the U.S. Court of Appeals for the Ninth Circuit held that using an employee’s prior salary to determine pay for employees in a training program was not precluded by the: a. Equal Pay Act. b. Gender Discrimination Act. c. National Labor Relation Act. d. Occupational Safety and Health Act. ANSWER: a 32. In which decision was it held that an employer may permit women to wear long hair while males are not permitted to have hair below the collar? a. Willingham v. Macon Tel. Publishing Co. b. County of Washington v. Gunther c. Spalding v. University of Washington d. A.F.S.C.M.E. v. State of Washington ANSWER: a 33. Plaintiffs often file suit under both ______ and the Equal Pay Act. a. the Sarbanes-Oxley Act b. Title VII c. the National Labor Relations Act d. the Executive Order ANSWER: b 34. In Spalding v. University of Washington and A.F.S.C.M.E. v. State of Washington, the U.S. Court of Appeals for the Copyright Cengage Learning. Powered by Cognero.

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Ch07: Gender and Family Issues: Title VII and Other Legislation Ninth Circuit held that a plaintiff bringing a Gunther-type claim under Title VII must establish the evidence of: a. validity of job requirement. b. comparable worth. c. disparate treatment. d. disparate impact.

ANSWER: c 35. In City of Los Angeles v. Manhart, a group of female employees filed suit against the department, alleging that the practice of making female employees pay higher contributions to receive equal benefits upon retirement violated Title VII. The trial court held that, the department’s practice: a. amounted to discrimination on the basis of age. b. amounted to illegal sex discrimination. c. was legal under the BFQQ exception of Title VII. d. amounted to discrimination based on nationality.

ANSWER: b 36. Identify the case in which the Supreme Court held that the organization’s refusal to cover pregnancy or related conditions under its sick-pay plan, in spite of having male-specific disabilities such as vasectomies covered, did not violate Title VII? a. Newport News Shipbuilding and Dry Dock Co. v. EEOC. b. Goss v. Exxon Office Systems Co. c. General Electric v. Gilbert. d. U.A.W. v. Johnson Controls, Inc. ANSWER: c 37. In Nevada Dept. of Human Resources v. Hibbs, the Supreme Court held that the Eleventh Amendment of the Constitution does not grant the states immunity from suits for damages by employees under which of the following acts? a. National Labor Relation Board b. Family and Medical Leave Act c. Equal Pay Act d. Gender Discrimination Act ANSWER: b 38. In which case did the court hold that the dangers presented by conditions in Alabama maximum security prisons would reduce the ability of female guards to maintain order and would pose dangers to the female guards and other prisoners? a. Dothard v. Rawlinson. b. Hackworth v. Progressive Casualty Insurance Co. c. Harris v. Forklift Systems, Inc. d. None of these answers.

ANSWER: a 39. In Harris v. Forklift Systems, Inc., the Supreme Court used which standard to make its decision? a. The reasonable person standard. b. The reasonable woman standard.

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Ch07: Gender and Family Issues: Title VII and Other Legislation c. The reasonable victim standard. d. None of these answers.

ANSWER: c 40. In ______ the court held that a proliferation of pornographic material featuring nude women did create a hostile working environment for female employees. a. Scott v. Sears, Roebuck & Co. b. Harris v. Forklift Systems c. Barbetta v. Chemlawn Services Corp. d. None of these answers.

ANSWER: c 41. In Smith v. City of Salem, Ohio, Greenamyer suspended Smith for one twenty-four hour shift, based on his alleged infraction of a City and/or Fire Department policy. Smith filed suit in the federal district court alleging: a. pay discrimination in violation of Title VII. b. sex discrimination and retaliation in violation of Title VII. c. violation of National Relation Board by Greenamyer. d. violation of Title VII by discriminating her on the basis of religion.

ANSWER: b 42. James and Cameron applied for the position of an assistant professor at Luthans University. Though Cameron had more experience and was better qualified, the University Board rejected her job application. The Board felt that as a woman, Cameron would not be able to maintain discipline in her class since most of the students were male. James’ job application was considered and he was later hired. In this case, the University Board: a. violated the provisions of Title VII of the Civil Rights Act. b. does not violate Title VII since they could demonstrate a BFOQ exception. c. does not violate Title VII but violates EEOC. d. does not violate either Title VII or EEOC since gender was part of the required skills.

ANSWER: a 43. Scarlett applied for a job as personal shopper in a boutique for exclusive menswear. The boutique rejected her application since the job also required assisting male customers in the fitting rooms which was a business necessity and was inappropriate for a female employee. In this case, the department is justified under: a. public policy exception. b. bona fide occupational qualification. c. employment-at-will. d. gender stereotyping.

ANSWER: b 44. A transport company had a policy that required every female employee to go through a mandatory physical examination prior to a promotion. However, the test was not mandatory for male candidates. A group of female candidates filed a lawsuit against the company. In this instance, the court most likely held that the company violated: a. Title VII, on the basis of gender stereotyping. b. Title VII, on the basis of gender-plus discrimination. c. Title VII, on the basis of national origin.

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Ch07: Gender and Family Issues: Title VII and Other Legislation d. National Labor Relation Act. ANSWER: b 45. Central Airlines decided to give 30 percent pay hike to stewards and 15 percent pay hike to stewardesses, even though they were performing substantially similar kind of work. In this case, the airlines has most likely violated the: a. Wage and Compensation Act. b. Sarbanes-Oxley Act. c. National Labor Relation Board. d. Equal Pay Act. ANSWER: d 46. Jack and Adam were the employees of Steel Co. Inc. Both of them performed equal work in the industry, however, the company decided to give a 40 percent hike to Jack because he was senior to Adam, whereas Adam was only given a 20 percent pay hike to his salary. In this scenario, the company wage differential is justified under the: a. Bennett Amendment. b. discretionary power of company. c. public policy exception. d. Lilly Ledbetter Fair Pay Act. ANSWER: a 47. Wendell was fired without sufficient reason by her company once they became aware of her pregnancy. The company assumed that the Wendell was likely to be absent from work for lengthy periods due to her pregnancy and the ensuing responsibilities of parenthood. In this circumstance, Wendell has a remedy under the: a. Equal Pay Act. b. National Labor Relation Act. c. Pregnancy Discrimination Act. d. Occupational Safety and Health Act. ANSWER: c 48. Olivia requested for leave from her supervisor for one week since her daughter fell sick and required home care. The employer refused to grant her leave and as a result Olivia was forced to be absent from work without pay. She later filed a suit against her employer alleging violation of Title VII. Under the assumption that Olivia is a productive employee, the court most likely held that: a. the employer did not violate Title VII. b. Olivia is entitled for leave under FMLA. c. Olivia was not entitled to the leave. d. Olivia violated Title VII by filing suit against employer.

ANSWER: b 49. A female employee was asked by her male supervisor to sleep with him if she wanted a satisfactory evaluation and recommendation for promotion. When she refused, she was subjected to negative evaluation, disciplinary suspensions, and she was ultimately fired. This action of supervisor can be termed: a. hostile environment harassment. b. sex discrimination. c. quid pro quo harassment.

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Ch07: Gender and Family Issues: Title VII and Other Legislation d. regional discrimination.

ANSWER: c 50. Samantha worked as an ocean lifeguard for the Marine Safety Section of the Parks and Recreation Department. Her immediate supervisor was Bruce. Bruce repeatedly touched Samantha without invitation and passed sexual comments on her. In this case, Samantha has a legal remedy in the form of: a. injunction. b. imprisonment. c. liquidated damages. d. specific performance.

ANSWER: a Subjective Short Answer 51. What is gender discrimination?

ANSWER: Gender discrimination is segregation, or classifying employees or applicants in any way that would deprive individuals of employment opportunities or otherwise adversely affect their status as employees because of their sex.

52. What is Bona Fide Occupational Qualification?

ANSWER: Bona fide Occupational Qualification is an exception to the civil rights law that allows an employer to hire employees of a specific gender, religion, or national origin when business necessity and the safe and efficient performance of the particular job require it.

53. Explain the provision of the Equal Pay Act. ANSWER: The Equal Pay Act prohibits discrimination by an employer between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

54. What is the procedure to file suit under Equal Pay Act? ANSWER: The Equal Pay Act is administered by the Equal Employment Opportunity Commission. There is no requirement that an individual filing a suit under the Equal Pay Act must file first with the EEOC. If the EEOC has filed a suit, it precludes individual suits on the same complaint. An individual suit must be filed within two years of the alleged violation.

55. Define the Bennett Amendment.

ANSWER: The provision of Section 703(h) of Title VII is known as the Bennett Amendment. It allows pay differentials between employees of different sexes when the pay differential is due to seniority, merit pay, productivitybased pay, or a factor other than sex.

56. What is the provision relating to pregnant women working in hazardous condition?

ANSWER: An employer wishing to avoid potential health problems for female employees and their offspring may prohibit women of childbearing age from working in jobs that involve exposure to hazardous substances.

57. What are the important aspects of the Family and Medical Leave Act? ANSWER: The Family and Medical Leave Act was signed into law by President Clinton in 1993. It allows an eligible employee to take up to twelve weeks’ unpaid leave in any twelve months because of: Copyright Cengage Learning. Powered by Cognero.

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Ch07: Gender and Family Issues: Title VII and Other Legislation • the birth, adoption, or foster care of a child; • the need to care for a child, spouse, or parent with a serious health condition; or • the employee’s own serious health condition that makes the employee unable to perform functions of his or her job.

58. To whom does the Family and Medical Leave Act apply?

ANSWER: The FMLA applies to private-sector employers with 50 or more employees; public-sector employers are covered without regard to the number of employees.

59. Which state legislation provides pregnancy leave?

ANSWER: The California Fair Employment and Housing Act Law requires employers to provide pregnant employees up to four months of unpaid pregnancy leave and to reinstate female employees returning from pregnancy leave to the job they held prior to the leave.

60. Explain Hostile Environment Harassment.

ANSWER: Harassment which may not result in economic detriment to the victim, but which subjects the victim to unwelcome conduct or comments and may interfere with the employee’s work performance is known as hostile environment harassment.

Essay 61. What is the provision under Title VII with respect to gender discrimination? Explain “gender-plus” discrimination.

ANSWER: Title VII prohibits any discrimination in terms or conditions of employment because of an employee’s sex.

Title VII protects all individuals from employment discrimination based on sex or gender; this means both men and women are protected from sex discrimination in employment. Employers who refuse to hire an individual for a particular job because of that individual’s gender violate Title VII. Gender-Plus Discrimination means an employer who places additional requirements on employees of a certain gender but not on employees of the opposite gender, and, thereby, violates Title VII. 62. Explain the coverage of the Equal Pay Act. ANSWER: The Equal Pay Act’s coverage is similar to that of the Fair Labor Standards Act. The act applies to all employers “engaged in commerce (interstate commerce),” and it applies to all employees of an “enterprise engaged in commerce.” Virtually all substantial business operations are covered. The act also covers state and local government employees. The Congressional Accountability Act of 1995 extended the coverage of Fair Labor Standards Act, including the Equal Pay Act, to federal employees of the following offices: • House of Representatives • Senate • Capitol Guide Service • Capitol Police • Congressional Budget Office • Office of the Architect of the Capitol • Office of the Attending Physician • Office of Technology Assessment 63. Explain the leave provision under FMLA. ANSWER: Under FMLA, leave may be taken all at once, or in certain cases, intermittently, or the employee may work at a part-time schedule. An employee or the employer may choose to substitute paid leave such as vacation or sick leave for part or all of the FMLA leave if the employee is entitled to such paid leave. The employee’s ability to substitute paid leave is determined by the terms of the employer’s normal leave policy. Under certain circumstances, the employee may take the leave on an intermittent basis. If the leave is for planned medical Copyright Cengage Learning. Powered by Cognero.

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Test Bank for Employment and Labor Law, 10th Edition, Patrick J. Cihon, James Ottavio Castag Name:

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Ch07: Gender and Family Issues: Title VII and Other Legislation treatment, the employee must make a reasonable effort to schedule the medical treatment in order to avoid unduly disruption of the employer’s operation. If both parents are employed by the same employer, the leave because of childbirth or to care for a sick child may be limited to a total of twelve weeks between both parents.

64. What is sexual harassment? Explain employer liability for sexual harassment.

ANSWER: Sexual harassment is unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that the employee is required to accept as a condition of employment, the employee’s response to such conduct is used as a basis for employment decisions.

The EEOC Guidelines state that employers are liable for sexual harassment by supervisory or managerial employees and may also be liable for harassment by co-workers or even nonemployees under certain circumstances.

65. What are the conditions to receive family temporary disability insurance benefits?

ANSWER: Workers who take time off to care for a seriously ill child, spouse, domestic partner, or who take time off to bond with a newborn child, adopted child or child, placed through foster care are eligible for up to six weeks of “family temporary disability insurance benefits.” The worker must make a claim for the benefits with the state Disability Insurance Program, and will begin receiving benefits after a seven-day waiting period. No more than six weeks of benefits may be received within any twelve-month period. Workers who are already receiving unemployment compensation, state disability benefits, or any other temporary disability benefits under state or federal law are not eligible to receive family temporary disability insurance benefits.

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