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Assuming George can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability,which of the following is true regarding any duty of Prudence to provide George with a second elevator?


A) Since he is covered under the act with an actual physical disability, she must grant his request regardless of cost.
B) She is not required to accommodate him under the act until his doctor certifies that he has reached maximum medical improvement and will not get any better.
C) She will likely be required to put in the second elevator because under the act, an employee is not supposed to be asked for any accommodation by the employer.
D) She will likely not be required to put in the second elevator because George can move his office, and putting in a second elevator would probably be an undue hardship on the employer.
E) She will likely not have to put in a second elevator because it will not benefit other employees, and an employer only has to make a change to a building as an accommodation under the act if the change will benefit a substantial number of employees.

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

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Which of the following was the primary purpose of the Equal Pay Act?


A) To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job.
B) To eliminate situations in which women and also men were not paid equally for doing substantially the same job.
C) To eliminate situations in which women and men were being paid less that deserved for certain types of work.
D) To eliminate situations in which both men and women were denied overtime compensation and fair working conditions.
E) To eliminate situations in which men, women, and those of a different national origin were denied overtime compensation and fair working conditions.

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

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A

Prima facie is Latin for ____.


A) A provable case
B) At first view
C) Probable cause
D) Beyond a reasonable doubt
E) By a preponderance

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

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B

Which of the following best represents the ruling of the U.S.Supreme Court in Oncale v.Sundowner Offshore Services Inc.,the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?


A) That same sex harassment states a claim under Title VII only if the harasser is a homosexual.
B) That same sex harassment may never state a claim under Title VII.
C) That same sex harassment may state a claim in the male to male context but not in the female to female context.
D) That same sex harassment may state a claim under Title VII.
E) That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment.

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

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In recent years the number of sexual harassment claims filed under Title VII has been in decline.

A) True
B) False

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Which of the following acts has as its goal preventing employers from discriminating against employees and applicants with disabilities?


A) The Americans with Disabilities Act
B) The Disabled Citizens Act
C) The Handicapped Americans Act
D) The Disabled Americans Act
E) The Civil Rights Act-Title VII

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

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Which of the following is true regarding Gracie's entitlement to be paid for time she is medically required to be off for pregnancy?


A) Courts have ruled that while an employer cannot fire a pregnant employee based on the pregnancy, employers do not have to pay the employee for time off because pregnancy is a voluntary condition; and Gracie is, therefore, not entitled to paid time off.
B) All employers covered by Title VII must pay employees for the time they are medically required to be off work for pregnancy; and Gracie is, therefore, entitled to at least some paid time off.
C) All employers covered by Title VII must pay employees half their pay for the time they are medically required to be off work for pregnancy; and Gracie is, therefore, entitled to at least some paid time off.
D) Employers under Title VII must treat temporary disability caused by pregnancy the same as any other temporary disability; and since Groucho paid employees who were off based upon other temporary disabilities, he should be required to pay Gracie as well.
E) Courts have ruled that employers only have to pay employees for time they are medically required to be off for pregnancy if the employee handbook provides for such payments; and Gracie is, therefore, not entitled to paid time off.

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

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Which of the following is not a type of entity that may be covered by Title VII?


A) Indian tribes
B) Private clubs
C) Unions
D) Employment agencies
E) Private employers with 10 or less employees

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

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In order to establish facts sufficient to create a reasonable inference that age was a determining factor in a termination,a plaintiff in an Age Discrimination in Employment Act case need not prove replacement by someone outside the protected class.

A) True
B) False

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In the area of employee testing,which of the following measures a psychological trait needed to perform a job?


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

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

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Which of the following 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) Front pay
B) Statutory pay
C) Back pay
D) Mandated pay
E) Employment-based pay

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

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Which of the following is the term for the concept that an employee may be fired for no reason at all?


A) Fire-at-will
B) At-will employment
C) No-reason-firing
D) Without-reason-firing
E) Unsupported discharge

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

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Recommend steps that an employer should take to avoid claims of sexual harassment.

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Student answers may vary.The text refere...

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Set forth the definition of sexual harassment stated by the EEOC and accepted by the U.S.Supreme Court.

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The definition of sexual harassment stat...

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Which of the following 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) 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.
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 are no state laws specifically prohibiting discrimination based on sexual orientation nor is there any federal law providing such protection.
E) While there is no federal law specifically prohibiting discrimination based on sexual orientation, some states do have laws prohibiting discrimination based on sexual orientation.

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

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Which of the following are the categories protected by Title VII?


A) Race and color
B) Race, color, and religion
C) Race, color, religion, and sex
D) Race, color, religion, sex, and national origin
E) Race, color, religion, sex, national origin, and age

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

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In the area of employee testing,which of the following isolates some skill used on the job and directly tests that skill?


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

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

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

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 sufficient to create a reasonable inference that age was a determining factor in a termination.The plaintiff raises this inference by showing that he or she belongs to the statutorily protected class (those age 40 or older); was qualified for the position held; and was terminated under circumstances giving rise to an inference of discrimination.

Which of the following is true regarding the plan of Samantha,Trevor,and George to go directly to federal court with a claim against Prudence?


A) They will be able to do so.
B) Trevor and George will be able to go straight to court; but plaintiffs alleging coverage based on a mental disability, such as Samantha, must first file a charge with the EEOC or an appropriate state agency.
C) Samantha will be able to go straight to court, but Trevor and George will have to first file a charge with the EEOC or an appropriate state agency because only plaintiffs alleging coverage under the act based on a mental disability may go straight to court.
D) Only George must first file a charge with the EEOC or an appropriate state agency because his claim is the only claim that would involve a substantial amount of money.
E) Samantha, Trevor, and George must all first file a charge with the EEOC or with an appropriate state agency, and they should not be allowed to proceed in federal court without doing so.

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

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