Understanding Employment Discrimination

Given the question above which of these answers would be best: Origami had been investigated by the EEOC at least twice within the last 10 years. there is another, non-discriminatory employment practice that fills the same function. the employment practice is unfair. that another member of the same protected class was denied employment by Origami.

Johnnie is the long-time owner of an Scoops ice cream shop, located in a summer resort town. The ice cream shop is only open during the summer months and caters to visitors to the town. Each summer, Johnnie hires high-school females to be his "Scoopettes" - the workers who actually take customer orders at the counter, and scoop and serve the ice cream. Johnnie hires high-school males to work in other areas of the shop. The Scoopettes are a popular attraction - many customers come to the ice cream shop to see them in action. Sam, one of the males at the high-school, wants to be a Scoopette. He is told by Johnnie that only females will be considered for the Scoopette team. Sam brings a legal action against Scoops for sex discrimination. Which of the following is true?

given the question above which of these answers would be best: Sam will likely lose the case because Scoops employs male workers. Sam will likely lose the case because even though Scoops discriminates on the basis of sex, the reason for doing so is job related and consistent with business necessity. Sam will likely win the case if he can show that the male workers are disproportionately impacted by the practice of hiring only females to be Scoopettes. Sam will likely win the case because the discrimination isn't essential to the business.

Assume no other information is provided, which answer would be best

Amani is bringing an action in court claiming that her employer retaliated against her in violation of Title VII of the Civil Rights Act. Which of the following must Amani show in order to establish a prima facie case of retaliation?

based on the question above which of these is the best answer: that she was replaced by someone with differing protected class characteristics that she lost an employment opportunity shortly after engaging in protected activity that the employer’s action was based on a disagreement that she had with a superior and that the firing was unrelated to quality of her job performance that the employer’s action was based on the her race, sex, or other protected class characteristic

For a disparate treatment case involving pretext, which is the correct order of how proof is presented? Plaintiff establishes a prima facie case; defendant establishes a lawful motive; plaintiff provides additional evidence supporting discriminatory intent. None of these are correct. Plaintiff provides evidence supporting discriminatory intent; defendant establishes a lawful motive; plaintiff establishes a prima facie case. Plaintiff provides primary evidence; defendant provides primary evidence; plaintiff provides a rebuttal showing discriminatory motive.

You need to hire a new medical technician for the emergency room of your hospital. The technician must have a thorough knowledge of medical terms and procedures, and will be interviewing patients to determine the nature and extent of their problems before they are routed to a doctor or to the waiting room. Most of the qualified candidates will be those who come from Asian countries. These candidates have studied medicine in their home countries, but their MD degrees are not recognized by the U.S. Can you require that only English-speaking candidates need apply? Yes, because most of the patients will be English speaking. No, because under Title VII of the Civil Rights Act, English-only speaking requirements are presumed to be discriminatory. Yes, because communication will be an integral part of the job, communication is routinely required in an emergency situation No, because most of the qualified candidates will be from countries for which the first language spoken is not English.

No other information is provided, what’s the best answer

Maya believes she is the victim of employment discrimination in violation of Title VII of the Civil Rights Act. She files suit against her employer in federal court. Which of the following is true? Employer can get the cased moved to state court because federal court does not have subject matter jurisdiction over Maya’s claim. Because the claim is for illegal discrimination, Maya’s employer can force the claim to be arbitrated even if no valid arbitration agreement exists between Maya and the employer. Maya cannot bring her court action until she obtains a right to sue letter from the Equal Employment Opportunity Commission. Maya must wait for the *-day “cooling off” period before filing her claim in court.

Maya believes she is the victim of employment discrimination in violation of Title VII of the Civil Rights Act. She files suit against her employer in federal court. Which of the following is true? Employer can get the cased moved to state court because federal court does not have subject matter jurisdiction over Maya’s claim. Because the claim is for illegal discrimination, Maya’s employer can force the claim to be arbitrated even if no valid arbitration agreement exists between Maya and the employer. Maya cannot bring her court action until she obtains a right to sue letter from the Equal Employment Opportunity Commission. Maya must wait for the *-day “cooling off” period before filing her claim in court.

Assume no other information is provided, what’s the best answer

The EEOC’s guidelines hold that broad "English-only" rules, applied by an employer at all times, are: presumed to be discriminatory. invalid, because the employer can never show a business necessity for a broad-based, all-time ban on other languages. presumed to be non-discriminatory. valid, if an employer can show a business necessity for a broad-cased, all-time ban on other languages.

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The text of which law provides legal protection against discrimination based on "sexual orientation"? None of these laws expressly protect "sexual orientation." Executive Order * the laws in about twenty states Title VII of the Civil Rights Act

Three employees working for the same company were caught stealing company property. Two of the employees were white, and one was black. The two white employees were fired, but not the black employee. If the white employees sue, the court will most likely decide: for the employer, because the employees were guilty of theft. for the employees, because the employer treated them differently based on their race. for the employer, because though the employer treated the employees differently based on their race, the white employees are not a member of a minority. for the employer, because the employees were employees at will.

Assume no other information is provided, what’s the best answer

The bona fide occupational qualification (BFOQ) defense: is the only means by which employers can avoid liability for openly discriminatory policies or practices. applies to intentionally discriminatory policies but not to neutral policies that result in discrimination. is never effective against a claim of racial discrimination. permits race or color to be used as selection criteria for hiring, but only under circumstances where employers can make a very strong case for why that is necessary.

Assume no other information is provided, what’s the best answer