BUS/415 Unit 2 Quiz — Title VII Framework

Business Law

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Questions (9)

Under the McDonnell Douglas framework, once the plaintiff establishes a prima facie case, the employer's burden is to:

MC1 pt

A. Produce a legitimate, non-discriminatory reason — a burden of production only, not of persuasion

B. Prove by a preponderance of the evidence that discrimination did not occur

C. Prove the challenged practice is a business necessity

D. Show that a less discriminatory alternative was unavailable

An employer requires all warehouse applicants to lift 75 pounds, a requirement unrelated to any actual job duty, which screens out female applicants at a far higher rate. The employer had no discriminatory intent. The strongest claim is:

MC1 pt

A. Disparate impact, because a facially neutral practice falls more harshly on a protected group and intent is irrelevant

B. Disparate treatment, because the employer intentionally targeted women

C. No claim, because the requirement applies equally to every applicant

D. A BFOQ violation, since physical requirements can never be lawful

Griggs v. Duke Power Co. (1971) is significant primarily because it:

MC1 pt

A. Established disparate impact liability, holding that neutral practices without job-relatedness can violate Title VII regardless of intent

B. Created the burden-shifting framework for intentional discrimination claims

C. Held that sexual orientation discrimination is discrimination because of sex

D. Established that customer preference can justify a BFOQ

An airline refuses to hire male flight attendants because surveys show passengers prefer female cabin crew. As a BFOQ defense this fails because:

MC1 pt

A. Customer preference is not a valid BFOQ, and the defense is construed very narrowly

B. Sex can never serve as a BFOQ under any circumstances

C. BFOQ defenses apply only to disparate impact claims

D. The airline failed to show a less discriminatory alternative

In Bostock v. Clayton County (2020), the Supreme Court held that:

MC1 pt

A. Discrimination based on sexual orientation or gender identity is discrimination 'because of sex' under Title VII

B. Title VII's coverage threshold drops from fifteen employees to five

C. Disparate impact claims require proof of discriminatory intent

D. Religious employers are categorically exempt from Title VII

A plaintiff bringing a race discrimination claim might prefer Section 1981 over Title VII because Section 1981:

MC1 pt

A. Has no employer-size threshold, a longer limitations period, no exhaustion requirement, and no damages cap

B. Covers all five Title VII protected classes rather than only race

C. Eliminates the plaintiff's burden to prove intentional discrimination

D. Requires no proof of an adverse employment action

Which types of evidence are commonly used to show that an employer's stated reason is a pretext? (Select all that apply.)

Multi2 pts

A. Shifting or inconsistent explanations for the decision over time

B. Evidence that the stated reason is factually false

C. Comparators outside the protected class treated more favorably for similar conduct

D. Deviation from the employer's own established procedures

E. The plaintiff's subjective belief that the decision felt unfair

Explain the difference between disparate treatment and disparate impact, including what each requires the plaintiff to prove and what role intent plays in each.

Text4 pts

Explain the EEOC's four-fifths rule, what it does and does not establish, and how the burden shifts once a plaintiff makes a disparate impact showing.

Text3 pts

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