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In a pre-employment interview, an employer should avoid asking if an applicant or a potential employee:

Bob’s Painting Service employs three temporary workers without conducting adequate background checks. It so happens that one of the workers, Joe, had been convicted of rape and had just been released from prison. While working for Bob, Joe attacks and rapes the owner of the house that was being painted. Which of the following claims can the victim make against Bob’s Painting Service?

Harry and Mary work on the same team for Chameleon Chemical Supply Company. They were both busy over the weekend for different reasons and failed to show up to work the next day. When they returned to work, Harry was given only a verbal warning, but Mary was terminated. Which of the following statements is true in this situation?

Mary applies for the job of a firefighter. She is 5 feet 2 inches tall and weighs 110 pounds. Mary is denied the position because she does not meet the height and weight requirements. The fire department’s height and weight requirements are:

Employers are more limited in inquiring about a job applicant’s convictions relevant to the job than about arrest records.

Bob Operating Business (BOB) employs part-time workers through a staffing firm. BOB’s manager asked the firm to replace one of these part-time workers with someone from a different race and the staffing firm does so. BOB will be liable because an employer using a staffing firm cannot avoid liability for discriminating against a temporary worker merely because it did not “employ” the worker. Employers may be held liable as “third-party interferers” under Title VII of the Civil Rights Act of 1964.

Bob is the owner of Eager Beaver Cleaning and Housekeeping Services. He never hires or promotes a black applicant to the position of supervisor because he believes that his predominantly Asian crew will not follow instructions from a black supervisor. Thus, Bob is liable for:

Bob applies for a housekeeping job at the Black Swan Hotel. His application is rejected on the basis that the hotel is looking for female housekeepers as the job primarily involves maintaining the ladies’ restrooms. If Bob files an employment discrimination claim against the Black Swan Hotel, which of the following defenses can the hotel use to protect itself?

An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate, non-discriminatory reason for the action taken against the charging party.

To determine whether a worker is an employee or an independent contractor, the Internal Revenue Service (IRS) 20-factor analysis includes a consideration of whether: