Author: Anonymous

Emmanuel & Petersen LLP is a reputed law firm that specializes in litigation. The firm is looking for a qualified person to fill the secretary position. A criterion for selection is that the person should be able to type at least 65 words a minute. If a group of male applicants challenges this policy as being discriminatory against generally slower-typing males, the company could defend the typing-speed requirement as a:

Since women are the people who can conceive and maintain a pregnancy, employers can apply fetal protection policies to women and not men without violating Title VII of the Civil Rights Act of 1964.

Mary works as a sales clerk at Squirrel Eyes, an upscale cosmetic brand. Bob is also a sales clerk in the same store. They were both hired the same year and have similar experience and qualifications. However, Bob is routinely paid more than Mary. If Mary files a claim under the Equal Pay Act, Mary will lose if Squirrel Eyes pays:

Quid pro quo sexual harassment occurs when a harasser creates an abusive or intimidating work environment but does not engage in sexual activity.

Even if a hospital’s male orderlies and female aides perform substantially the same job, under the Equal Pay Act, they do not need to receive the same pay because of the difference in job titles.

In an employment discrimination case, the ultimate burden of persuasion remains always on the defendant.

The dress code for Scorpion Cosmetics requires all employees to report to work in uniforms. The policy also states that female employees are required to wear makeup. However, the only requirement for men is that they keep their hair and nails trimmed. Under Title VII of the Civil Rights Act of 1964, female employees at Scorpion Cosmetics probably:

Poor job performance is a legitimate, nondiscriminatory reason for dismissal.

Though employers may not ask about an applicant’s disability, employers may ask about an applicant’s workers’ compensation claims with previous employers.

Mary is claiming that she was subjected to racial harassment by her co-workers. To hold her employer liable for racial harassment, Mary must prove that: (Choose the best answer.)