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Discuss the steps that an employer should take to avoid sexual harassment claims.

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In order to prove disparate treatment employment discrimination under Title VII,what is the first showing a plaintiff must make?


A) The plaintiff would prove beyond a reasonable doubt that discrimination occurred.
B) The plaintiff would show that other people were also being discriminated against.
C) The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext.
D) The plaintiff would demonstrate a prima facie case of discrimination.
E) The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused.

F) A) and D)
G) B) and E)

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When bringing an age discrimination claim,what must the plaintiff show in order to create the inference that age was a determining factor in the termination?


A) He or she was qualified for the position held and he or she was replaced by someone outside of the protected class.
B) He or she belongs to a protected class,the termination was based under circumstances giving rise to an inference of discrimination,and he or she was qualified for the position held.
C) He or she belongs to a protected class and was terminated under circumstances giving rise to an inference of discrimination.
D) He or she belongs to a protected class,the termination was based under circumstances giving rise to an inference of discrimination,and he or she was replaced by someone outside the protected class.
E) He or she belongs to a protected class and was qualified for the position held.

F) D) and E)
G) C) and D)

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Which of the following statements is false regarding the Americans with Disabilities Act?


A) Claims based on emotional or psychiatric impairments are not allowed.
B) An employer who has repeatedly violated the act may be subject to fines of up to $100,000.
C) Typical accommodations for those with mental disabilities include providing a private office,flexible work schedule,restructured job,or time off for treatment.
D) A person is covered under the law if he or she is regarded as having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
E) A person is covered under the law if he or she has a record of having a physical or mental impairment that substantially limits one or more of the major life activities of the individual.

F) B) and D)
G) A) and E)

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In response to a Title VII action,an employer may raise the bona fide occupational qualification defense,which allows an employer to discriminate in certain circumstances when doing so is necessary for the performance of the job.

A) True
B) False

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How does a plaintiff in an action under the Age Discrimination in Employment Act establish a prima facie case of age discrimination involving a termination?

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The plaintiff must establish facts suffi...

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A corporation that is clearly a foreign corporation and not controlled by an American entity is not subject to U.S.equal employment laws.

A) True
B) False

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Is Seth's statement true concerning the need for psychological counseling to prevail on a sexual harassment claim?


A) Yes,a plaintiff is only excused from showing a tangible psychological injury in a claim involving sexual harassment if the plaintiff can prove beyond a reasonable doubt that severe and pervasive harassment frequently occurred.
B) Yes,a plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless the plaintiff can show that the harassment caused the plaintiff monetary harm in the form of lost wages because of inability to work.
C) No,a plaintiff is not required to show a tangible psychological injury in order to prevail on a sexual harassment claim.
D) Yes,a plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless an independent witness can corroborate on an objective basis that sexual harassment actually occurred.
E) Yes,a plaintiff is required to show a tangible psychological injury in order to prevail on any sexual discrimination or sexual harassment claim.

F) A) and C)
G) A) and E)

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In contrast to employers,background companies that use social media sites to gather information about an applicant are subject to which of the following acts?


A) The Privacy Act of 1974
B) The Fair Credit Reporting Act
C) The Freedom of Information Act
D) The Computer Fraud and Abuse Act of 1986
E) The Federal Information Security Management Act of 2002.

F) None of the above
G) C) and E)

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Which of the following statements is true regarding discrimination based on sexual orientation?


A) There is a federal law specifically prohibiting discrimination based on sexual orientation providing back pay,attorney fees,and punitive damages as available remedies.
B) While there is no federal law specifically prohibiting discrimination based on sexual orientation,some states do have laws prohibiting discrimination based on sexual orientation.
C) There is a federal law specifically prohibiting discrimination based on sexual orientation,but it only provides for back pay as an available remedy.
D) There is no federal law specifically prohibiting discrimination based on sexual orientation,but it is considered by most courts to be included within Title VII's ban of discrimination based on gender.
E) There are no state laws specifically prohibiting discrimination based on sexual orientation nor is there any federal law providing such protection.

F) None of the above
G) All of the above

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It is common for employers to use social media,such as Facebook and LinkedIn,to find positional applicants.What is the problem with this using these platforms?


A) If the applicant does not authorize the employer's use of social media,it is an invasion of privacy.
B) Facebook and LinkedIn users often do not list valid credentials.
C) It allows the employer access to information it could not ask the applicant in an interview.
D) It is against federal law for employers to use social media prior to receiving interest from an applicant.
E) Facebook and LinkedIn users do not represent the U.S.or global job-applicant pool.

F) B) and C)
G) A) and B)

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Which of the following is an exception to the at-will employment rule?


A) Breach of implied contract
B) Harassment
C) Discrimination
D) Unfair business practices
E) There are no exceptions to the at-will employment rule.

F) D) and E)
G) B) and C)

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Describe the circumstances under which a seniority system would be a defense to a charge of discrimination under Title VII.

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Seniority systems are considered bona fi...

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In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally,its actual effect is that it disproportionately limits employment opportunities for a protected class?


A) Disparate-treatment cases
B) Sexual harassment cases
C) Quid pro quo cases
D) Disparate-impact cases
E) All of these

F) All of the above
G) B) and E)

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Which one of the following is not a method a business can use to protect itself from being involved in sexual harassment claims?


A) Require supervisory training
B) Implement a policy against sexual harassment
C) Create a method for conducting prompt and thorough investigation of complaints
D) Provide a mechanism for receiving complaints
E) Refuse to hire women to avoid sexual harassment claims

F) C) and D)
G) None of the above

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Which of the following isolates some skill used on the job and directly tests that skill?


A) Object validity
B) Criterion-related validity
C) Content validity
D) Performance validity
E) Construct validity

F) A) and D)
G) A) and C)

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What was the result in the case text Everson v.Michigan Department of Corrections in which the plaintiffs alleged that gender-based assignments at female correctional facilities violate Title VII of the Civil Rights Act of 1964.


A) The correctional facility's plan was reasonable necessary because female prisoners would be more comfortable.
B) The correctional facility's plan was unreasonable because it failed to produce evidence that it was necessary.
C) The correctional facility's plan was unreasonable because it discriminated on the basis of gender.
D) The correctional facility's plan was reasonably necessary to the normal operation of its female prisons.
E) The correctional facility's plan was unreasonable because it was too drastic for a temporary problem.

F) C) and D)
G) A) and B)

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[Hairstyle Headaches] Astrid owned a hair and nail salon.She had a crush on Seth,a stylist and one of her employees.He paid her no attention.Finally,Astrid told him that if he wanted to keep his job and get the new professional blow dryer he'd requested,he needed to take her on a date and give her a kiss.Seth reluctantly did so.After the date,Astrid proceeded to make suggestive comments to Seth in front of other employees and to request that he rub her shoulders.When she passed Seth's station,she would caress him while he worked.Astrid also decided that Roscoe,another of her employees,was cute.She showered him with the same type of attention.Roscoe enjoyed the attention.Seth filed a claim against Astrid for sexual harassment.Seth asked Roscoe to join in the claim.Roscoe said that Astrid's attention never personally bothered him,but that if Seth could collect,then he wanted in on the action.Seth told Roscoe that he was going to see a psychologist to substantiate his claim,that such substantiation is necessary,and that Roscoe should consider doing likewise.Roscoe told him that he had no interest in seeing a psychologist but that his case was as strong as Seth's.He said that while he found Astrid entertaining,he should be able to recover if Seth recovered. -Which type of harassment,if any,was involved when Astridtold Seth that if he wanted to get a new blow dryer and keep his job,then he needed to take her out on a date?


A) Hostile work environment.
B) Targeted.
C) Quid pro quo.
D) Sexual discrimination.
E) None because at that point she had not physically touched him in any manner.

F) B) and C)
G) None of the above

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is the difference between the amount of money the plaintiff earned since the discriminatory act and the amount of money she or he would have earned had the discriminatory act never occurred.


A) Statutory pay
B) Back pay
C) Employment-based pay
D) Mandated pay
E) Front pay

F) A) and D)
G) A) and B)

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The Disability Action Agency,not the Equal Employment Opportunity Commission,enforces the Americans with Disabilities Act.

A) True
B) False

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