Question

Employment Discrimination Practice Sheet

Instructions:

1. Match the employment law term with the correct employment situation. Use each term only once. Also, answer the question in the situation.

Employment Law Terms

1. Age Discrimination in Employment Act of 1967
2. Americans with Disabilities Act of 1990
3. Bona fide occupational qualification
4. Disparate impact
5. Disparate treatment
6. Employment at-will
7. Equal Pay Act of 1963
8. Retaliation
9. Sexual harassment: Hostile Work Environment
10. Sexual harassment: Quid Pro Quo

6. ______________________________ The Duke Power Company adopted a requirement that applicants for hire or transfer to any department but the labor department had to have a high school diploma or receive a satisfactory score on two IQ tests. As a result of these requirements, African American employees were denied jobs and promotions. (Griggs v. Duke Power Co., 401 U.S. 424 (1971)) Are these requirements discriminatory if they are not related to job performance? If so, under what theory could an employee or applicant file a complaint?

7. ______________________________ Your employer states that upon turning 65, all traveling sales employees must turn over their territories to younger workers and begin handling in-office file work only. If you can show that at age 65 or above you are just as capable and competitive out on the road as your younger counterparts, can you bring a claim stating that this practice will adversely impact your income or other benefits? If so, under what law?

8. ______________________________ Malia, a hard worker who is praised by her coworkers and clients alike, is looking forward to receiving her first annual bonus after working for the company for more than three years. When she does not receive the bonus and finds out that a co-worker, who has only been at the company for four months, does, Malia is upset. When she questions her supervisor, she is told that she could not be given the bonus because she did not have a college degree. She then discovers that the newly-promoted Walter does not have a degree either. Does Malia have a discrimination claim? If so, under what law?

9. ______________________________ A trucking company conducts job interviews in a second floor office where there is no elevator. The company calls Tanya to arrange for an interview for a secretarial position. She requests a reasonable accommodation because she uses a wheelchair. Installing an elevator would be an undue hardship, so what could the company do to provide a reasonable accommodation? What law is relevant here?

10. ______________________________ Samuel was uncomfortable with the sexual jokes his co-workers regularly posted in the break room. He told his manager who did not address the issue. He then went to Human Resources to see what options he had in this situation. When his manager heard that Samuel when to HR, his manager told Samuel to suck it up and took away the extra overtime shift Samuel had been working. The manager’s actions are an example of what?

Answer 1

6. Disparate Impact. Yes, as in this case there were evidence which suggested that people with diploma degree and the IQ test were doing the job well- which led to the conclusion that the IQ test and degree has no bearing on the ability to perform the job well.

7.Yes, this can contested under the Age Discrimination in Employment Act of 1967,under the folowing Special consideration of this act

• Discrimination in hiring practices, the awarding or withholding of promotions, wages, terminations, and layoffs.
• The use of or making statement regarding certain age preference or limitations.

8. Yes Malia has a clear cut discrimination claim. Disparate treatment is the applicable law

9.Americans with Disabilities act of 1990. Company can conduct the interview at a suitable place on the ground floor, and in the interview should mention the actual facts to the candidate. Also, going forward the factual situation should be included in the job analysis and job description.

10. Managers action are example of ""RETALIATION" . This is because in this case Punishment was meted out to the employee by his manager for raising Sexual Harrassmnet complain to HR, which is a legally protected activity under the Sexual Harrassment act.