Question

11) When looking at a Title VII claim that an employer is discriminating and there is a much larger percentage of members of a protected group compared to the local labor force, there may be a _________________________ or __________________________ of discrimination. The defendant employer is permitted to rebut the inference of discrimination in this situation.

continuing; non-relenting

underhanded; fraudulent

pervasive pattern; practice

sneaky; unspoken

12)

______________ are policies mandating that certain numbers or percentages of minorities or women are hired or promoted, notwithstanding there may be better qualified persons. Under this, employers may be subject to _________________ _________________ liability.

Qualifiers; reversible discrimination

Statutes; discrimination rules

Quid pro quo; reverse discrimination

Quotas; reverse discrimination

13)

In a sexual harassment lawsuit, the standard is that “the environment would reasonably be perceived, and is perceived, as hostile or abusive”. This is a ________________ standard.

rational

reasoning

reasonableness

wrongful

14)

U.S. Supreme Court and lower court decisions have subjected affirmative action programs to _________________________, which has increase the probability of success for reverse discrimination claims.

new scrutiny rules

strict scrutiny tests

court scrutiny tests

strict statute application

Answer 1

11) Option C
Any claim made through title VII actually puts the burden on the employee to prove that discrimination. Employer on his part can defend his decisions about how it has been made and how there is no discrimination took place. If the promotion to a person is denied because of gender or race then an employee can claim discrimination.

12) Option D
Quotas are a fraction of employees reserved for some group of people based on gender or race. However, when it becomes mandatory then employers have bypass more qualified person for such a job and this is the reverse discrimination.

13) Option A
The supreme court rules that if any person at the workplace is creating an environment which is perceived as hostile or abusive by a reasonable person then it is an act of sexual harassment and this is a rational standard applicable.

14) Option C
The supreme court actually held affirmative action by slim majority of 4-3 but subjected it strict judicial scrutiny.