A) 60
B) 50
C) 45
D) 40
E) 35
G) A) and B)
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A) When payment is made pursuant to a seniority system.
B) When payment is made pursuant to a merit system.
C) When payment is made pursuant to a system which measures earnings by quantity or quality of production.
D) When the differential is based on any factor other than sex.
E) When the parties sign a waiver.
G) A) and B)
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A) Attorney fees are always awarded to the prevailing party in Title VII cases.
B) Similar to attorney fees in a motor vehicle accident lawsuit, attorney fees are never awarded to the prevailing party in Title VII cases.
C) Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendant.
D) Attorney fees are not awarded to prevailing plaintiff; but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney fees to the prevailing defendant.
E) Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust; and if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney fees to the prevailing defendant.
G) A) and B)
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A) Punitive damages are capped at $300,000 for employers of more than 500 employees.
B) Punitive damages are capped at $50,000 for employers of between 100 and 200 employees.
C) Punitive damages are capped at $25,000 for employers of between 25 and 50 employees.
D) Punitive damages are capped at $75,000 for employers of between 50 and 200 employees.
E) There is no cap on punitive damages.
G) A) and B)
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A) Up to three years of back pay
B) Attorney fees
C) Remedial seniority
D) Court costs
E) Reinstatement
G) B) and E)
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A) The plaintiff would demonstrate a prima facie case of discrimination.
B) The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext.
C) The plaintiff would prove beyond a reasonable doubt that discrimination occurred.
D) The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused.
E) The plaintiff would complain to the Equal Employment Opportunity Commission.
G) None of the above
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A) The plaintiff wins.
B) The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge.
C) The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur.
D) The burden remains with the plaintiff to prove discrimination beyond a reasonable doubt, a special standard in disparate-treatment cases.
E) The burden remains with the plaintiff to establish damages to a reasonable certainty.
G) C) and D)
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A) At any time after the charge is filed.
B) At any time after 180 days have elapsed since the filing of the charge.
C) At any time after 90 days have elapsed since the filing of the charge.
D) At any time after 60 days have elapsed since the filing of the charge.
E) The plaintiff does not have the right to request a right-to-sue letter from the EEOC.
G) B) and D)
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A) Women are not allowed to drive.
B) Women constitute only 25 percent of Saudi Arabia's workforce.
C) The law limits the industries in which women can be employed.
D) Women are forbidden to receive business licenses if they may have to interact with males or government officials.
E) Places of employment are segregated by sex.
G) B) and E)
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A) A termination of claim letter
B) A reinstatement letter
C) A referral letter
D) A right-to-sue letter
E) A delineation letter
G) A) and C)
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A) Disparate-treatment cases
B) Disparate-impact cases
C) Sexual harassment cases
D) All of these
E) Disparate-treatment cases and disparate-impact cases, but not sexual harassment cases.
G) B) and D)
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B) False
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B) False
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A) Quid pro quo.
B) Hostile work environment.
C) Sexual discrimination.
D) Targeted.
E) None because at that point she had not physically touched him in any manner.
G) D) and E)
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B) False
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A) That tangible psychological injury is necessary in order to prevail in a sexual harassment case under Title VII.
B) That whether the victim subjectively perceived the work environment to be abusive and suffered psychological injury is irrelevant to whether a violation of Title VII based on sexual harassment occurred.
C) That so long as the environment would reasonably be perceived, and is perceived, as hostile or abusive, there is no need for it also to be psychologically injurious.
D) That courts should apply a precise mathematical test as prescribed in the case in order to determine whether psychological damages are available.
E) That whether the conduct at issue is physically threatening is the determining factor on the issue of whether psychological damages are available.
G) D) and E)
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A) He is not covered under the act because, by his own admission, he has no actual physical disability.
B) He will only be covered under the act if he can establish that he has a documented mental disability due to the belief of others that he is handicapped.
C) He would likely be covered under the act because he is regarded as having an impairment so long as he can establish that he is substantially limited in performing a major life activity.
D) He would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability.
E) He would not be covered under the act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the act pertaining to perceptions of disability.
G) C) and D)
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A) That the defendant was entitled to a judgment in its favor because a claim under the Equal Pay Act cannot be based on a male successor's pay rate.
B) That the defendant was entitled to a judgment in its favor because Title VII subsumed the provisions of the Equal Pay Act, and the plaintiff was required to name Title VII in her complaint.
C) That the defendant was entitled to a judgment in its favor because it established that the plaintiff was fired for cause.
D) That the plaintiff correctly made out her prima facie case by alleging the wage differential between her pay at termination and her successor's pay at the onset of his new position.
E) That the plaintiff correctly made out her prima facie case through establishing that there was no basis upon which her termination could be legally based and that the male successor was hired almost immediately following her termination.
G) None of the above
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A) An employer cannot be held liable in such cases because the employer has no control over the nonemployee.
B) An employer is liable as a matter of law in such cases because an employer has an absolute duty to provide a work environment that is free of harassment.
C) An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee, yet the employer does nothing to remedy the situation.
D) An employer may only be held liable in such cases if quid pro quo harassment is involved.
E) An employer may only be held liable in such cases if disparate-impact harassment is involved.
G) A) and E)
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A) The operation of a bona fide seniority system
B) That decisions are based on reasonable factors other than age
C) The bona fide occupational qualification defense
D) The qualified but aged defense
E) The executive exemption
G) D) and E)
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