Preview Questions Discrimination Lawyer | Role Specific Skill

Question 1: What are the "employment practices" that could be deemed discriminatory under Title VII, and how should a lawyer approach challenging these practices?

Which action should you take?

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Employment practices are irrelevant if the employer is a private entity

Employment practices can never be discriminatory if the company has a policy in place

Employment practices such as hiring, firing, promotions, and compensation may be discriminatory if they disproportionately affect a protected class; the lawyer must show that these practices are not job-related

Employment practices are discriminatory only if they affect women

Question 2: Under the Family and Medical Leave Act (FMLA), which of the following is NOT a valid reason for an employee to take leave?

Which action should you take?

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To bond with a newborn child

To attend a family member's wedding

To care for a newborn child or a family member with a serious health condition

To take care of their own serious health condition

Question 3: How is "vicarious liability" applied in harassment cases under Title VII?

Which action should you take?

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An employer is only held liable for harassment if the employee witnesses it and complains immediately

An employer is never held liable for harassment by employees unless the employer condoned the actions

An employer can be held liable for harassment only if the employee has a formal written complaint

An employer may be held liable for harassment by a supervisor, even if the employer did not know about the harassment, unless the employer proves the Faragher-Ellerth defense

Question 4: When engaging in settlement negotiations in a discrimination case, what is the primary goal of the plaintiff's attorney?

Which action should you take?

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To secure a favorable resolution for the client while minimizing litigation risk

To ensure the defendant is penalized with a significant settlement

To avoid any form of compromise and take the case to trial

To coerce the defendant into a public apology

Question 5: How does the "discrimination based on national origin" provision under Title VII apply in the workplace, and what steps should a lawyer take when addressing such claims?

Which action should you take?

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National origin discrimination applies only when employees from the same country are treated differently

National origin discrimination only applies to hiring decisions

National origin discrimination is only relevant if the employee's accent is noticeable

National origin discrimination involves treating employees unfairly based on their ethnicity, accent, or cultural characteristics; the lawyer must show that the employer's actions were based on these factors

Question 6: In a discrimination case involving retaliation, what must the employee prove?

Which action should you take?

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The employee was engaged in a protected activity, suffered an adverse employment action, and there is a causal connection between the two

The employee must show that their employer was unaware of their complaints

The employee must prove that they were part of a protected class

The employee must show that they were discriminated against based on race, gender, or another protected category