Question 72 Note: This question may have multiple correct answers. The following
ID: 378943 • Letter: Q
Question
Question 72 Note: This question may have multiple correct answers. The following types of claims by an employee will require an employer to make reasonable accommodations if it does not result in undue hardship for the employer.
a. gender
b. disability
c. race
d. religion
Question 73 Note: This question may have multiple correct answers. Arabella is a management assistant at the Fourth Bank & Trust Co of Pasadena. Wilson is a senior vice president of the bank. The romantic attraction between Arabella and Wilson was very strong and they have become lovers. Wilson is concerned that the bank and he could be accused of sexual harassment. The Human Resources director recommends that Arabella and Wilson sign a "love contract" concerning their relationship. Although such agreements are not a perfect solution to liability in such a situation, Wilson and Arabella both agree to sign a letter. The HR director's draft of the letter should state:
a. Wilson and Arabella will agree to resolve any work-related dispute differences using alternative dispute resolution (ADR) rather than resorting to the courts.
b. the voluntary nature of the relationship.
c. the parties are aware of the bank's sexual harassment policy, and will adhere to the policies if a problem arises.
d. if the relationship terminates, Arabella will agree to leave the bank.
Question 75 Notice: This question may have multiple correct answers. Pair O' Dice Casino refuses to hire female bouncers on the grounds that women are insufficiently strong and intimidating enough to effectively perform the job duties. A group of women denied jobs as bouncers bring an EEOC claim against the casino. At the hearing, the casino manager defended the policy and argued that the policy was sound because the manager "and everyone else in the world can tell by looking that the physical capability of women is less than that of men" and therefore qualification testing is a waste of his limited and precious time. Will the casino's argument be successful?
a. The manager's observations are acceptable as a general rule for the position because strength and intimidation are recognized requirements for bouncers.
b. While strength and intimidation may be valid job requirements, the manager's use of a BFOQ based on gender is insufficient evidence, especially as there are women who would qualify to work effectively as bouncers by using martial arts or verbal skills to avoid confrontations or resolve them without the use of physical violence.
c. The manager is asserting a BFOQ defense to a gender discrimination claim which is likely to be successful in this case.
d. The manager is asserting a BFOQ defense that is unlikely to be successful, so he will need to spend the time to do qualification assessment for candidates.
Question 76 Note: This question may have multiple correct answers. To establish a prima facie case under the opposition clause of Title VII, an employee must show that:
a. she was engaged in opposition activity under Title VII.
b. she was a victim of an adverse employment action.
c. a causal connection exists between the opposition activity and the adverse employment action.
d. she notified her employer in advance of her intent to engage in opposition activity.
Explanation / Answer
72. All the options are valid.
Explanation: An employer must accommodate claims regarding gender, disability, race, and religion if requested by the employee and if it is does not cause undue hardship to the employer. This is because neutral policies regarding these factors may negatively affect certain people more than other.
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