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What facts must a plaintiff establish in order to prove a prima facie case of age discrimination involving a termination? What must the defendant establish if the plaintiff's initial burden of establishing proof has been met?

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To prove a prima facie case of age discr...

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The Equal Pay Act of 1963 was enacted to prevent wage discrimination based on .


A) sex within a business establishment
B) race within a business establishment
C) race and ethnicity within a business establishment
D) age and ethnicity within a business establishment

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

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Compare and contrast the sexual harassment laws of the United States and France.

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In the United States, sexual harassment ...

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One of the forms of sexual harassment involves the creation of a hostile environment.

A) True
B) False

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An employer found to have violated the Equal Pay Act of 1963 can remedy the violation by reducing the higher-paid workers' wages.

A) True
B) False

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False

According to the Americans with Disabilities Act of 1991, a disability includes all but which of the following?


A) a potential physical or mental impairment
B) a physical or mental impairment which substantially limits one or more of the major life activities of an individual
C) a record of a physical or mental impairment which substantially limits one or more of the major life activities of an individual
D) being regarded as having a physical or mental impairment which substantially limits one or more of the major life activities of an individual

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

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A

Which of the following would constitute a violation of the Age Discrimination in Employment Act of 1967?


A) an employer refusing to allow employees to drive trucks until they reach the age of 25
B) an employer laying off capable workers who have reached the age of 50 and hiring replacement workers who are under the age of 40
C) an employer paying pensions to workers who have reached the age of 65 but refusing to pay pensions to younger workers
D) an employer giving special awards to workers who have been with the company for over 20 years

E) C) and D)
F) A) and D)

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Section 504 of the Rehabilitation Act of 1973 prohibits .


A) discrimination by federal departments and agencies against otherwise qualified workers because of a handicap
B) employers from refusing to hire and discharging or discriminating in terms and conditions of employment on the basis of age
C) private employers entering into contracts for property or services from discriminating against otherwise qualified workers because of a handicap
D) discrimination by parties who administer programs receiving federal assistance

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

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Once the Equal Employment Opportunity Commission receives a charge, it must notify the alleged violator of the charge within days.


A) 15
B) 10
C) 25
D) 60

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

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The Civil Rights Acts of 1866 and 1871 have specific provisions for remedies.

A) True
B) False

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The Americans with Disabilities Act of 1991 requires employers to .


A) hire applicants with disabilities regardless of their qualifications
B) make a reasonable accommodation of a known disability unless the accommodation imposes an undue burden on the employer's business
C) make a special accommodation of a known disability even if the accommodation imposes an extreme burden on the employer's business
D) reject applicants with mental disabilities, even if they do not impose an extreme burden on the employer's business

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

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B

Carla works as a secretary at a well-known law firm. Due to a bad blood transfusion, Carla is HIV positive but not yet symptomatic. When the firm was informed of this by the health insurance officials, she was fired from her job. This scenario depicts the violation of the .


A) Civil Rights Act of 1991
B) Age Discrimination in Employment Act of 1967
C) Civil Rights Act of 1964
D) Americans with Disabilities Act of 1991

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

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The Age Discrimination in Employment Act of 1967 does not apply to employment agencies and to unions that have at least 25 members or operate a hiring hall.

A) True
B) False

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According to EEOC guidelines, an affirmative action plan does not violate Title VII of the Civil Rights Act of 1964 if .


A) the employer has an articulable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is quantifiable
B) the employer has an articulable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is reasonable
C) the employer has a reasonable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is quantifiable
D) the employer has a reasonable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is reasonable

E) All of the above
F) C) and D)

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Which of the following is true of the Age Discrimination in Employment Act of 1967?


A) It applies to employers having 10 or more employees.
B) It does not apply to industries that affect interstate commerce.
C) It applies to unions that have a maximum of 20 members.
D) It does not apply to state employers.

E) A) and D)
F) C) and D)

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Which of the following is an incorrect statement regarding the Americans with Disabilities Act Amendments (ADAAA) of 2008?


A) The ADAAA effectively repealed the ADA.
B) The ADAAA provides that "major life activities" include caring for oneself.
C) The ADAAA provides that "major life activities" include eating.
D) The ADAAA provides that "major life activities" include bending.

E) A) and D)
F) A) and C)

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Which party bears the initial burden of proof in a typical Equal Pay Act case?


A) plaintiff
B) defendant
C) Fair Labor Practices Commission (FLPC)
D) National Labor Relations Board (NLRB)

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

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For the purposes of the Equal Pay Act, is defined as experience, education, training, and ability required to do the job.


A) similar working conditions
B) responsibility
C) effort
D) skill

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

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The exception is an exception to the employment-at-will doctrine that makes it unlawful to dismiss an employee for taking certain actions in the public interest.


A) implied contract
B) public order
C) implied covenant of good faith and fair dealing
D) public policy

E) None of the above
F) A) and D)

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Which of the following is true of the Pregnancy Discrimination Act (PDA) ?


A) It specifies that discrimination based on pregnancy is a discrimination based on disability.
B) It says that abortions for all purposes, including saving the mother's life, should be excluded from the company's medical benefits.
C) It says that pregnancy must be treated as a gender issue.
D) It specifies that discrimination based on pregnancy is sex discrimination.

E) A) and D)
F) A) and C)

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