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1.Use of a facially neutral policy which has a greater negative effect upon grou

ID: 443373 • Letter: 1

Question

1.Use of a facially neutral policy which has a greater negative effect upon group of individualpossessing a trait protected by Title VII constitutes

Disparate treatment

Disparate impact

Differential impact

Unintended impact

Sudden impact

2. McTavish is not hired because of a low score on a valid, reliable skills test. He sues under Title VII for national origin discrimination because nobody of Scottish descent has ever passed the test, and ask the court for a 10 pointadjustment of the scores of all Scottish test takers. Assuming adverse impacted established, what result?

McTavish losses: the CRA of 1964 prohibits adjustment of employment related test scores based on a protected trait

McTavish losses: the CRA of 1964 prohibits the adjustment of employment related test scores based on a protected trait

McTavish losses: because the test is valid and reliable

McTavish wins, because the CRA of 1991 requires such relief if necessary to remedy past discrimination under Title VII

McTavish loses,because Scotts are not a protected class whose past discrimination is sought to be remedied by Title VII

3. Proof of disparate impact

Is no longer actionable after passage of the CRA of 1991

Is not allowed in age discrimination cases

Is allowed only if there is no direct evidence of discrimination

Is accomplished through direct evidence of discrimination

Is accmplished through statistical evidence

4.Executive Order 11246 is administered by

The EEOC

The NLRB

The OFCCP

The FLSB

The FEHC

5. Weber has been arrested four times for, and convicted twice of, fraud. He is hired as bank teller and consistently underpays customers making large withdrawals, keeping the difference for himself. Whena customer discovers this and later tries to recover her unpaid funds from Weber, she finds that he has disappeared . The bank

Has no liability because it is not liable for criminal acts of its employees

Has no liability because it cannot recover the money from Weber

Has liability to the customer if it had knowledge of Weber’s past

Has liability to the customer for negligently hiring a thief

Non the above

6. To enhance the probability that a past employer will provide a reference for a job applicant by limiting per attentional defamation liability and employer shit

A. Require applicants to sign a release of former employers for such liability and provide a copy when seeking reference

B. Conduct referenced check secretly

C. Have references checked by an independent third-party

D. Have references checked by a law and force meant agency

E. Seek references from former employers with adequate insurance coverage for defamation

7. In choosing among alternative method for med sheet for measuring job-related traits in perspective employees employers should

A. select any Valek method

B. Slug any reliable method

C. Select any valid and reliable method

D. Select the valid and reliable method what at least advertise impact on protected class members

E. Rotate among the three methods for alternative job applicants

8. Liability for racial harassment in work place

A. Can be in typically it's imposed on employer

B. Can be imposed on actual harasser but not on the employer

C. Can be imposed on the actual harasser or on the employer but not boat

D. Can be imposed under federal law but not under California's FEHA

E. Cannot be imposed under federal law but can be under California's FEHA

9. Marty defense a racial harassment claim on the ground that the claimant is too sensitive and that everybody must put up with it and the two rubbing in the workplace to do. this defense says will be successful if

A.The behavior complaint of is not sufficiently severe in perceive to advertise the effect the claimants job performance

B. The behavior complaint of it's common in the workplace

C. The behavior complaint of its consists with business necessity

D. The behavior complaint of is a BFOQ

E. All of the above

10. The term under color of state law and you in the context of

A. Laws enacted to protect person of color from discrimination

B. pre Reconstruction laws

C. state laws but not federal laws

D. action by a government agent using the authority to deprive someone of the civil rights

E. none of the above

11. Little audience exists regarding interpret ration of title VII prohibition against sex discrimination because

A.Congress believe that mean he will self-evident when he passed in the legislation

B. The male dominated Congress of the tile was ill equipped to find a term

C. The male dominated Congress of the time felt it was improper to debate the prevision in public

D. The prohibition was inserted by a southern civil rights acts opponent who felt its inclusion would doom Title VII to defeat

E. all of the above

12. Marc Brown is chemical engineer with the graduate degree from MIT. Mr. Brown is African American. He applied for a chemical engineering position with Kincaid Paper company. Although he was qualified for the job, he was not offered the position. Mr. Brown happen to see the job advertised in the newspaper two weeks after he had been rejected.

A. Mr. Brown does not have a case of action for discrimination

B. Mr. Brown can offer evidence to satisfy the element of the prima facie case.

C. Mr. Brown cannot offer evidence to satisfy the element of the prima case.

D. Mr. Brown is not eligible to file a claim under the Title VII.

13. BJI enterprises require all employees to pass a standardized test before being considered for the promotion. Maria Chavez, a Hispanic female, was employed in the Maintenance department as a housekeeper. She wanted to be considered for supervisory position in the department. However she could not make a passing score on the test. There were no minority supervisors in Maintenance Department. The civil right act requires.

BJI to show the test is related to the job.

Ms. Chavez to show that the test is not related to the job.

Ms. Chavez to prove that she is qualified for the job.

None of the choices are correct.

14. Undocumented workers are

Not protected by title VII of the civil rights act.

Are protected by title VII of the civil rights act and afforded all to same remedies as any other workers.

Are protected by title VII of the civil rights but are not eligible for reinstatement or back Pay.

None of the choices are correct.

15. DeWitti Co. Is suited for sex discrimination, on the grounds that too few women are hired because far fewer woman than man achieve a passing score on the manual dexterity and physical strength test. DeWitt offers, in its defense that even though few women score higher enough, a greater percentage of passing woman in passing men are hired and that, as a result the percentage of women in the workforce mirror the percentage of available woman in the relevant labor pool. This defense is.

a disparate impact Validity defense which will likely be successful under and Albemarle VS. Moody

a BFOQ defense, will likely be successful under Wilson vs. southwest airline.

a bottom line defense which will be likely successful under Connecticut vs. Teal

a bottom line defense which will likely be unsuccessful under Connecticut first vs. teal.

a business necessity defense which will likely be unsuccessful under Griggs vs duke power.

16. Title VII been on racial discrimination.

Applies to black people only.

Applies to black and Spanish people only.

Applies to all citizens equally.

Applies only to people of colors.

Applies to any only two people of color with dark skin tones.

17. Andre Johnson a black male filed a title VII claim with the EEOC alleging that he was the victim of discrimination based on color of his skin. Mr. Johnson claimed that because he was dark skinned it his supervisor failed to promote him. His supervisor Brenda Scales, was also black just lighter skinned. Mr. Johnson.

Does not have claim because he cannot claim discrimination based on color if his supervisors is also black.

Does not have a claim because the color provision in title VII was intent to apply to black people.

Can base his claim on discrimination based on the color and/or the race if Ms.Scales, while also black, is different ethnicity.

Can be based his claim on discriminate based race but not color.

All of the choices are correct.

18. Donna Parker was recently employed as sales associate at the BOBBINS Department store. She was the only black female employed by the store. Shortly after being hired Donna was subject to to a series of incident at work such as being taunt would racial slurs having her cash drawer jammed, and having her cash drawer jammed having dead crickets placed in her company locker and oil poured into the pockets of her coat but her coworkers Carolina and Mary Beth. Carlene told her in front of her supervisor the black girls didn’t know anything about nice clothes, and that the ladies who shopped at Bobbins would not want her to help them. After 6 months of treatment, Donna quit

Donna has the keys of action for racial harassment.

Donna does not have a case of action for racial harassment.

Donna has a case of action under 42 you SC 1983.

Donna has a case of action for racial harassment and sexual harassment.

Donna has a case of action for racial harassment and constructive discharge.

19. Ginny Pigg is required to take a newly developed pre-employment test designed to predict her likely agree of the job success. Statistical confirmation of ability of this test to make such a prediction that is known as.

Criterion related Validity

Contact validity.

Construct validity.

Subgroup norming.

Broad bending.

20. When an employer is asked for references for a former employee, the employer

Has a duty to respond.?

Has a duty to response, but if she or he responds the reference must be truthful.

Can only respond if the former employee has signed a waiver authorizing release of confidential information.

Should provide only partial information so that response will not subject to employer to liability for the defamation.

Can only respond if the former employee has been provided with a copy of whatever information is given out.

21. Performance appraisal procedures

Should be standardized in uniform for all employees within a job group.

Should be conducted randomly so as not to create an environment for desperate impact discrimination.

Should not be written but conducted orally so as minimize the potential for desperate treatment discrimination.

Should not be written but conducted orally so as not to expose the employer to liability for defamation.

Should be conducted less stringently for members for protected class to avoid liability under Vaughn vs. Edel

Explanation / Answer

1. Disparate Impact

2. McTavish loses,because Scotts are not a protected class whose past discrimination is sought to be remedied by Title VII

3.Is not allowed in age discrimination cases

4. The OFCCP

5. Has liability to the customer for negligently hiring a thief

6. Have references checked by an independent third-party

7. Rotate among the three methods for alternative job applicants

8.Can be imposed under federal law but not under California's FEHA

9. E. All of the above

10. action by a government agent using the authority to deprive someone of the civil rights