Preview

Civil Rights and Employment Discrimination

Satisfactory Essays
Open Document
Open Document
4682 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Civil Rights and Employment Discrimination
CHAPTER 13

Civil Rights and Employment Discrimination
TRUE-FALSE QUESTIONS
1.

Many states have passed their own fair employment acts.
ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

2.

The federal statutes on race, gender and employment discrimination apply both to employees and independent contractors.
ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

3.

A plaintiff claiming disparate impact discrimination based on sex must prove that the employer intentionally discriminated against him or her by denying a benefit or privilege of employment
(such as a promotion or pay raise) based upon the individual’s sex.
ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

4.

It is not necessary to prove intentional discrimination to prevail in a disparate impact case.
ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

5.

Plaintiffs in Title VII cases may only bring claims of harassment based on sex.
ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

6.

A claim for sexual harassment may be asserted by either male or female employees.
ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

7.

The U.S. Supreme Court has ruled that a showing of a serious effect on an employee’s psychological well-being is necessary for a hostile work environment claim under Title VII.
ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

188

189

8.

MANAGERS AND THE LEGAL ENVIRONMENT

A majority of the federal courts of appeals have struck down claims for hostile work environment in so-called paramour cases where coworkers have claimed that an employee has received preferential treatment by a supervisor has a result of having sexual relations with the supervisor.
ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

9.

Legislation to amend Title VII to include sexual orientation has not been enacted.

You May Also Find These Documents Helpful

  • Good Essays

    Is it clear to you why a court would be able to include in its remedies those who were not directly discriminated against by any employer?…

    • 908 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The case of Encino Motorcars, LLC v Navarro Et Al is a perfect example of an employer declining to issue of overtime pay to an employee. This case brought different points of view to the overtime pay by various regulatory bodies. The Fair Labor Standards Act (F.L.S.A), The U.S Department of Labor, District Court, the Ninth Circuit and The Supreme Court of the United States. There have been a no. of exercised authorities leading to view promulgations from the original amendment. The case is still an active case.…

    • 404 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Sutton v. Tomco Machining

    • 2110 Words
    • 9 Pages

    Facts of the Case: In this appeal, DeWayne Sutton, an employee of Tomco Machining, Inc. claimed that he injured his back on the job while disassembling a chop saw. Sutton alleged that he was fired within one hour of reporting the workplace injury to Tomco’s president, Jim Tomasiak. No reason was specified in the termination; however he was told the firing was not due to his work ethic or job performance or because he had broken any work rule or company policy.…

    • 2110 Words
    • 9 Pages
    Good Essays
  • Satisfactory Essays

    This case demonstrates the importance of Human Resource Management. Employers, managers and supervisors must obtain proper training in employee rights and fair treatment at work to avoid lawsuits such as this one. An employer is held responsible for the actions of its supervisors therefore adequate training on acceptable and unacceptable behaviors is imperative. Managers ought to set an open door policy which would enable employees to discuss any trouble he or she may be facing in the workplace. This would assure that situations such as Faragher’s be settled within the workplace and not in…

    • 299 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Williamson V Houston

    • 712 Words
    • 3 Pages

    The IAD investigation determined that there was no basis for Williamson’s allegations. Williamson sued the City of Houston under Title VII of the Civil Rights Act for hostile work environment sexual harassment and for retaliation against her for reporting the harassment. In a District Court, a jury found the city liable for both sexual harassment and for retaliation. Williamson was awarded back pay and compensatory damages, as well as court costs and attorney’s fees. On appeal to the Fifth Circuit, U.S. Court of Appeals, the City of Houston challenged the judgment on the grounds that it did not have notice of the harassment until April 1992 and that her notification to her supervisor should not have constituted notice to the city. The District Court’s ruling was affirmed by the Appeals Court. 3. Main Issue: Can a supervisor’s knowledge of harassing behavior be imputed to the city to show that the city knew, or should have known, of the harassing behavior and can therefore be held liable for failing to stop the behavior? 4. Court Deciding: United States Court of Appeals, Fifth Circuit. 5. Decision: Summary judgment affirming the decision of the District…

    • 712 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Tort

    • 590 Words
    • 3 Pages

    Why is it relevant that the court says it would be easy for an employer to avoid this problem?…

    • 590 Words
    • 3 Pages
    Good Essays
  • Good Essays

    EEOC stands for the U.S Equal Employment Opportunity Commission. EEOC’s job is to enforce the laws against discrimination in the workplace. The discrimination can refer to an employee’s race, color, religion, sex, pregnancy, national origin, age, disability, or genetic information. They also protect employees for complaining about discrimination, filing discrimination charges, or being part of an employment discrimination investigation or lawsuit (EEOC, 2014). EEOC first investigates alleged charges in a fair and accurate manner. Based on their findings determines whether or not discrimination has occurred, and if a lawsuit is in order or not. EEOC also provides programs to…

    • 1261 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Employment Discrimation

    • 2145 Words
    • 9 Pages

    1. Did ABC advertising discriminate against Jean on the basis of sex when they failed to…

    • 2145 Words
    • 9 Pages
    Good Essays
  • Satisfactory Essays

    Currently, Title VII doesn't include discrimination on the basis of sexual orientation. However federal legislation adding sexual orientation as a protected class against discrimination (the Employment Non-Discrimination Act (ENDA)), has been proposed in recent years. Many states have employment discrimination and harassment laws as well and may include even more protected classes – such as marital status and sexual orientation – than Title VII covers.…

    • 259 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on their race, color, religion, sex, and national origin. In order for an employee to present a prima facie case for national origin discrimination, an employee would have to have prima facie evidence sufficient enough for a decision or verdict to be…

    • 1200 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the working world today there may be some who believe that common sense and compassion in the workplace leave no need for litigation. Some may feel as if morale is all that is needed to protect employers and employees of organizations. This is not the case by far. Although it is expected for employees in most environments to have compassion, common sense, and morale, not all employees turn out to be who they were expected to be. Litigation does replace common sense and compassion in the working world today. This is why regulations have been put in place by the U.S. Department of Labor, The U.S. Equal Employment Opportunity Commission, and the Americans with Disabilities Act of 1990. Regulations have been put in place to protect both employees and employers from being fired or mistreated for discriminative reasons or from lawsuits. Laws regarding the proper treatment of employees must be legally enforced and without enforcement there will always be someone to break the law.…

    • 742 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Today’s organizations are faced with many ethical and legal issues when dealing with the diverse work force such as the potential of discrimination when conducting day-to-day activities. The issues of diversity and discrimination affect many organizations behavior when considering how to properly treat the employees without making decisions based on based on race, nationality, creed, color, age, sex or sexual orientation. The influence of laws on decision-making has a direct impact on the livelihood of an organization. Understanding laws about discrimination is important if one wishes to be sure he or she is being treated fairly. This paper will discuss the legal process one would pursue whom was discriminated against by a private sector organization and wishes to file a complaint. The factious employee’s name is John and he wants to file a complaint against his employer for discrimination. This paper will describe discrimination laws and show how a complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court.…

    • 1167 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    According to the United States Department of Labor - Bureau of Labor Statistics, there are approximately 120,589,850 people employed in the United States out of an estimated 330,000,000 total citizens (U.S. Department of Labor). This means that over one-third of the country’s total population is currently employed. With such a large percentage of the population in the work force, it has become necessary to incorporate laws and restrictions that protect a worker’s individual rights. Over the last 50 years there have been several historic measures taken by the United States government to protect workers from not only physically hazardous working conditions but any working environment that may be deemed ‘hostile;” be it physical or mental. One area that has drawn significant attention by lawmakers is the topic of discrimination in the workplace. Since 1963 the United States government has taken substantial steps to ensure that every American is protected from discrimination in the workplace. A few monumental actions taken by the government to protect workers’ rights include legislation such as; The Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, The Age Discrimination in Employment Act of 1967, Sections 501 and 505 of the Rehabilitation Act of 1973, Title I and Title V of the Americans with Disabilities Act of 1990, The Civil Rights Act of 1991, Title II of the Genetic Information Nondiscrimination Act of 2008, and the establishment of the Equal Employment Opportunities Commission, or EEOC, in 1964 to monitor and investigate cases of alleged discrimination.…

    • 2994 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    In recent years there has been a push back against employment law. Major employers have been working to try and reduce the protections given to workers, in the name of higher profits. Employment laws were put in place to protect workers from wrong-doing from their employers. Without it, workers would be vulnerable to a number of things.…

    • 703 Words
    • 3 Pages
    Good Essays
  • Good Essays

    When talking about discrimination in this society, it is certainly not a taboo subject. Discrimination can happen anywhere, however, it is more likely to go unnoticed in the work area. For example, failure to hired or promote someone, because of their race, gender, religion, or background. In order to keep a positive workplace, laws were created to keep these things from happening. These laws fall under Title VII of the Civil Rights Act of 1964. However, discrimination is a poison that still lingers around today.…

    • 720 Words
    • 3 Pages
    Good Essays

Related Topics