McDonnell Douglas v. Green (1973) was a landmark Supreme Court case that provided a method for analyzing and deciding which of the following types of discrimination cases?

McDonnell Douglas v. Green (1973) was a landmark Supreme Court case that provided a method for analyzing and deciding which of the following types of discrimination cases?

a. BFOQ
b. Mixed motives
c. Pretext
d. Reverse Discrimination


Answer: c. Pretext

Three employees working for the same company were found to have stolen company cargo. Two of the employees were white and one was African American. The two white employees were fired, but the African American employee was not. If the white employees sue, the court will most likely decide:

Three employees working for the same company were found to have stolen company cargo. Two of the employees were white and one was African American. The two white employees were fired, but the African American employee was not. If the white employees sue, the court will most likely decide: 

a. for the employer, because the employees were guilty of theft
b. for the employer, because the employees were employees at will
c. for the employees, because the employer treated them differently based on race
d. none of the above


Answer: c. for the employees, because the employer treated them differently based on race

For a disparate treatment case involving pretext, which is the correct order of proof?

For a disparate treatment case involving pretext, which is the correct order of proof?

a. plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent
b. plaintiff's evidence supporting discriminatory intent, defendant's lawful motive, plaintiff's prima facie case
c. defendant's prima facie case, plaintiff's primary evidence of unlawful motive, defendant's rebuttal showing lawful motive
d. none of these


Answer: a. plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent

Citing score differences between Whites and minority groups on a cognitive ability test used by your organization, a colleague recommends creating separate norms for these groups, to use in making employment decisions. You advise him that using such norms is illegal on the basis of which of the following laws?

Citing score differences between Whites and minority groups on a cognitive ability test used by your organization, a colleague recommends creating separate norms for these groups, to use in making employment decisions. You advise him that using such norms is illegal on the basis of which of the following laws?

a. Age Discrimination in Employment Act (1967)
b. Civil Rights Act of 1991
c. Executive Order 11246 (1965)
d. Genetic Information Nondiscrimination Act (2008)


Answer: b. Civil Rights Act of 1991

Protected classes recognized under various state laws, but not under federal laws, include:

Protected classes recognized under various state laws, but not under federal laws, include: 

a. marital status
b. national origin
c. race
d. all of the above


Answer: a. marital status

Which of the following is considered a neutral requirement and is likely to result in adverse impact?

Which of the following is considered a neutral requirement and is likely to result in adverse impact?

a. race
b. cognitive ability test
c. sex
d. all of the above


Answer: b. cognitive ability test

In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:

In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that: 

a. there is an alternative practice that would have less discriminatory effects, but the employer declines to use it
b. the employer has engaged in a pattern or practice of discrimination
c. the difference in selection rates across protected class groups is statistically significant
d. the four-fifth's rule has been violated


Answer: a. there is an alternative practice that would have less discriminatory effects, but the employer declines to use it

The number of discrimination charges filed with the EEOC varies year to year, but in recent years (i.e. since 2008) has generally been greater than:

The number of discrimination charges filed with the EEOC varies year to year, but in recent years (i.e. since 2008) has generally been greater than: 

a. 25,000
b. 45,000
c. 65,000
d. 85,000


Answer: d. 85,000

Title VII of the Civil Rights Act protects employees against discrimination based on:

Title VII of the Civil Rights Act protects employees against discrimination based on: 

a. disability
b. marital status
c. religion
d. all of the above


Answer: c. religion

A company has one office in San Antonio with nine employees and a second office in Houston with 12 employees. If an employee who works in the first office is harassed and attempts to sue under Title VII, which of the following questions becomes a relevant issue:

A company has one office in San Antonio with nine employees and a second office in Houston with 12 employees. If an employee who works in the first office is harassed and attempts to sue under Title VII, which of the following questions becomes a relevant issue: 

a. whether this is a single, integrated enterprise
b. whether these are joint employers
c. whether the employer is public (e.g. Federal government) or private
d. none of the above


Answer: a. whether this is a single, integrated enterprise

Your firm has just gotten a $10 million contract with the U.S. government, its first government contract. In addition to the employment laws that already apply to your business, the following will not also apply:

Your firm has just gotten a $10 million contract with the U.S. government, its first government contract. In addition to the employment laws that already apply to your business, the following will not also apply:

a. Title IX
b. the Federal Security Fence Funding Act of 2008
c. EO # 11246
d. all of these
e. none of these


Answer: c. EO # 11246

An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use?

An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use?

a. The agreements probably won't apply to any of its unionized employees
b. The agreements probably will not deter the EEOC from investigating and possibly litigating to recover remedies for individuals
c. The agreements may not be enforceable if they do not provide employees with the same remedies as those available through the courts
d. all of the above
e. a and c only


Answer: d. all of the above

In Walmart v. Dukes, Plaintiffs, all female employees, sued alleging discrimination in pay and promotions based on gender, and sought to represent a class of about 1.5 million female employees, past and present. The case was certified as a class action, and Wal-Mart appealed, alleging that the certification did not comply with the Federal Rules of Civil Procedure in that the claimants had not suffered the same injury, and the claims did not have questions of law and fact in common. The court ruled:

In Walmart v. Dukes, Plaintiffs, all female employees, sued alleging discrimination in pay and promotions based on gender, and sought to represent a class of about 1.5 million female employees, past and present. The case was certified as a class action, and Wal-Mart appealed, alleging that the certification did not comply with the Federal Rules of Civil Procedure in that the claimants had not suffered the same injury, and the claims did not have questions of law and fact in common. The court ruled: 

a. for the plaintiff employees, because they had all suffered the same injury - a violation of Title VII
b. for the plaintiff employees, because Wal-Mart was guilty of a pattern or practice of discrimination based on its corporate culture
c. for wal-mart, because a lawsuit with 1.5 million plaintiffs was simply unwieldy
d. for wal-mart, because the claims did not have common questions of law and fact


Answer: d. for wal-mart, because the claims did not have common questions of law and fact

Which of the following statements is true of arbitration?

Which of the following statements is true of arbitration?

a. Historically, arbitration has been used to resolve disputes over contractual rights
b. Arbitrators' decisions are usually advisory and not considered final
c. Arbitrators' have less control over the outcomes of disputes than do mediators
d. Arbitration is usually more costly and time-consuming than litigation
e. none of these


Answer: a. Historically, arbitration has been used to resolve disputes over contractual rights

In Nino v. The Jewelry Exchange, plaintiff bank employee sued alleging discrimination, and his employer sought to dismiss the suit, stating that the employee had signed a mandatory arbitration agreement, so that the suit should go to arbitration. The employee responded that the mandatory arbitration agreement he had signed was unconscionable, and therefore, unenforceable. Among other things, the employee alleged that the arbitration agreement was unconscionable because gave him only 5 days to make a demand for arbitration. The court ultimately ruled:

In Nino v. The Jewelry Exchange, plaintiff bank employee sued alleging discrimination, and his employer sought to dismiss the suit, stating that the employee had signed a mandatory arbitration agreement, so that the suit should go to arbitration. The employee responded that the mandatory arbitration agreement he had signed was unconscionable, and therefore, unenforceable. Among other things, the employee alleged that the arbitration agreement was unconscionable because gave him only 5 days to make a demand for arbitration. The court ultimately ruled: 

a. for the Plaintiff employee, because the agreement was both procedural and substantively unconscionable
b. for the plaintiff employee, because the arbitration agreement was procedural unconscionable
c. for the defendant employee, because non of the provisions of the arbitration agreement was unconscionable
d. for the defendant employer because the unconscionable parts of the arbitration agreement count be stricken, and the arbitration could proceed


Answer: a. for the Plaintiff employee, because the agreement was both procedural and substantively unconscionable

Which of the following best describes the typical sequence of steps for claims of Title VII violations?

Which of the following best describes the typical sequence of steps for claims of Title VII violations?

a. Plaintiff brings claim to EEOC within 300 days, EEOC investigates, EEOC attempts to conciliate, EEOC issues "right to sue" notice for Plaintiff employee if conciliation unsuccessful
b. Plaintiff brings claim to EEOC within 365 days, EEOC investigates, EEOC brings suit versus defendant
c. Plaintiff employee brings claim to EEOC within 365 days, EEOC investigates, EEOC attempts to conciliate, EEOC issues "right to sue" notice for Plaintiff employee if conciliation unsuccessful
d. all of the above are typical and plausible scenarios


Answer: a. Plaintiff brings claim to EEOC within 300 days, EEOC investigates, EEOC attempts to conciliate, EEOC issues "right to sue" notice for Plaintiff employee if conciliation unsuccessful

Regarding the interrelationship of federal and state employment laws:

Regarding the interrelationship of federal and state employment laws: 

a. state laws must be identical to federal law or the state law is void
b. states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws
c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws
d. employment law is exclusively a federal domain, so states may not enact laws when federal law already exists


Answer: c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws

In order to determine which employment laws apply to a certain employer, the employer should consider which of the following factors?

In order to determine which employment laws apply to a certain employer, the employer should consider which of the following factors? 

a. the number of employees that work for the company
b. whether the employer sells good or services to the Federal government
c. the state(s) in which the employer operates
d. all of the above
e. a and b only


Answer: d. all of the above