Establish a defense to unequal pay under the equal pay act

Assignment Help HR Management
Reference no: EM131267171

1. Upon return from leave under the FMLA, the employee:

A. must be allowed to return to his or her job as long as it was not necessary to fill it while the employee was on leave.

B. must be allowed to return to the same or an equivalent job.

C. must be allowed to reapply for his or her prior job.

D. can be reassigned to another position with comparable pay.

2. Proving more than minor differences between the qualifications of the plaintiff and the successful applicant is necessary to show:

A. a prima facie case.

B. disparate impact.

C. pretext.

D. causation.

3. The courts have generally held that promotion of a paramour:

A. violates Title VII.

B. violates the Equal Pay Act.

C. does not violate the Equal Pay Act.

D. does not violate Title VII.

4. Equitable remedies under Title VII, or those designed to make the victim whole, include all of the following except:

A. punitive damages.

B. front pay.

C. reinstatement.

D. back pay.

5. Policies against hiring women with children, married women, women over a certain age, women who have children under a certain age, or unmarried women are examples of:

A. bona fide occupational qualifications.

B. marital discrimination.

C. sex plus discrimination.

D. violations of the Equal Pay Act.

6. If the employee taking FMLA leave has unused paid vacation or sick leave, the employer may:

A. require the employee to use sick leave toward the FMLA leave, but not vacation.

B. not allow any time to be taken under the FMLA.

C. require the employee to use both sick leave and vacation toward the FMLA leave.

D. require the employee to use vacation toward the FMLA leave, but not sick leave.

7. The bona fide occupational qualification:

A. operates as a defense to claims for discrimination based on religion, national origin, gender, and age.

B. has been found not to apply to sex discrimination cases.

C. operates as a defense only to claims for discrimination based on gender.

D. cannot operate as a defense to claims for discrimination.

8. The elderly customers of a restaurant strongly prefer to be waited on by women. Based on this, a man who applies for a wait staff position is rejected in favor of a female applicant. This action is:

A. lawful based on the bona fide occupational qualification defense.

B. unlawful discrimination based on customer preference.

C. lawful based on the customer preference defense.

D. not unlawful if both male and female customers prefer male waiters.

9. When an employee takes FMLA leave, he or she is:

A. entitled to continuation of health care benefits while on leave if the employee pays the employee's portion of premiums while on leave.

B. not entitled to continuation of health care benefits while on leave.

C. entitled to continuation of health care benefits at the employer's expense.

D. not entitled to continuation of health care benefits until 60 days after returning to work.

10. To establish a defense to unequal pay under the Equal Pay Act, the employer may show that the difference is based on any of the following except:

A. merit.

B. seniority.

C. long-established pay patterns.

D. quality.

11. The Pregnancy Discrimination Act requires:

A. employers to provide paid maternity leave.

B. employers to provide unpaid maternity leave.

C. that pregnant women be treated the same as other applicants or employees.

D. that pregnant women be treated the same as other employees, but does not apply to applicants.

12. To prove a hostile work environment in violation of Title VII, courts have not required the victim to prove:

A. psychological harm.

B. severe and pervasive behavior.

C. negative impact on conditions of the victim's employment.

D. unwelcome conduct.

13. According to the EEOC, sexual harassment of male employees exclusively by a male supervisor is:

A. not a violation of Title VII under any circumstance.

B. a violation of Title VII only if both parties are homosexuals.

C. a violation of Title VII because it is based on the employees' sex.

D. not a violation of Title VII if both the employees and supervisor are homosexual.

14. The severity of harassment is judged from the perspective of:

A. the victim.

B. the employer.

C. the jury.

D. a reasonable person in the victim's position.

14. Title VII:

A. was amended in the last few years to prohibit discrimination based on sexual orientation.

B. has been interpreted to prohibit sexual orientation discrimination as a part of the prohibition on sex discrimination.

C. prohibits sexual orientation discrimination, but not discrimination against transsexuals.

D. has been interpreted to exclude sexual orientation as a protected characteristic.

15. Courts take all of the following into account to determine whether sexual harassment occurred except the:

A. type of employment or work environment.

B. conduct of the victim in the workplace.

C. severity of the conduct.

D. truth of the statements made.

16. In sexual harassment cases, the affirmative defense to liability is available only if:

A. a hostile work environment cannot be shown.

B. the victim consented to or participated in the conduct.

C. no tangible employment action has been taken.

D. the harasser is not a supervisor.

17. The two elements of the affirmative defense to a sexual harassment claim are that the employer exercised reasonable care to prevent and correct any harassing behavior and:

A. the victim failed to report the harassment or take advantage of other ways to prevent harm.

B. no tangible employment action occurred.

C. the employer provided training for all employees.

D. the employer provided training for all supervisors.

18. The centerpiece of any efforts to prevent and correct harassment is:

A. a 24-hour toll-free number for complaints.

B. a strong anti-harassment policy.

C. hiring employees of the same sex only.

D. terminating supervisors for any form of harassment.

19. Public employers may be sued for discriminating against homosexuals under:

A. Title VII.

B. the U.S. Constitution using equal protection theory.

C. a disparate impact theory.

D. an invasion of privacy theory.

Reference no: EM131267171

Questions Cloud

Write the corresponding letter in the appropriate place : If that is the case, then label your copy blocks with letters, put them on the back of your ad, and write the corresponding letter in the appropriate place on the front of the ad.
Should creative advertising meet the clients expectations : Should Creative Advertising meet the client's expectations (i.e., create the promotional spot) or risk losing the account? Explain your reasoning.
Create joulrnal entries for the transactions : Create joulrnal entries for the transactions - Draw up -account or each account affected b transactions;
What is sojourner truth attitude toward the bible : What is Sojourner Truth's attitude toward the Bible? Regarding the difference between fiction and nonfiction, which statement is most accurate
Establish a defense to unequal pay under the equal pay act : According to the EEOC, sexual harassment of male employees exclusively by a male supervisor is: To prove a hostile work environment in violation of Title VII, courts have not required the victim to prove:
Are there different advertising concerns : Are there different advertising concerns for the Internet-only firm than for the firm with an established brick-and-mortar presence?
Distinction between total and partial constraints : Q1. Explain the distinction between total and partial constraints. Q2. Explain the difference between a weak and a strong entity set.
What type of poem is death be not proud : Which poet, who seems be using iambic pentameter, bends the meter most? What type of poem is "Death, Be Not Proud"
What role does the erd play in the design process : What role does the ERD play in the design process? What is a weak entity? What is a composite entity, and when is it used? Provide examples of a weak entity and composite entity.

Reviews

Write a Review

 

HR Management Questions & Answers

  Determining the politically correct

Cherry Garcia, contains sulfur dioxide preservatives, and other flavors use margarine, not butter. What are the problems a firm faces if it is "politically correct" in some products but not others?

  Openings for customer service representative positions

Your company prides itself on providing high-quality products and services. The Customer Service department is integral to the success of the company. Over the past few months, the Customer Service department has been unable to fill its openings f..

  Implementation issues faced when introducing a bsc in hr

What are the implementation issues faced when introducing a BSC in an FIR Division and what strengths and weaknesses should Amy highlight in her presentation about FSC's BSC system?

  How can you make given message more courteous and positive

How can you make this message more courteous, positive, and precise? Once again I have the decidedly unpleasant task of reminding all employees.

  Write down a 2-4 page paper that addresses the following

write a 2-4 page paper that addresses the following terms in your own wordsoperant conditioningpositive

  Explain diversity is challenge in any workplace environment

Explain diversity is a challenge in any workplace environment and How important is it to understand the nature of diversity

  Effective ways of identifying leadership potential

1. What are some effective ways of identifying leadership potential? 2. What are some effective ways of developing leadership skills?

  Briefly describe the fleishman job analysis system

Summarize the right-to-work provisions of the Taft-Hartley Act and their effects on organized labor in general. Briefly describe the Fleishman Job Analysis System. What is a transition matrix, and what is it used for?

  Find strategic opportunities

Describe Abell's three-dimensional business-definition model and explain where it can be utilized. Then, consider Reader's Digest Association, publisher of Reader's Digest,

  Project resourcesexplain the difference in the problem a

project resourcesexplain the difference in the problem a project manager faces if heshe is short on administrative

  Staffing models and strategy

Which of these activities is most directly associated with the employment phase of the staffing process?

  Explain what is job evaluation

What is job evaluation, and how is it used by compensation professionals? Discuss the various techniques used in job evaluation

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd