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Title VII of the Civil Rights Act of 1964 and 1991

5 minutes 5 Questions

Title VII of the Civil Rights Act of 1964 is a landmark federal statute that prohibits employers from discriminating against individuals based on race, color, religion, sex, or national origin. It applies to both employers with 15 or more employees and labor organizations, covering a wide range of …

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SHRM-CP - Title VII of the Civil Rights Act of 1964 and 1991 Example Questions

Test your knowledge of Title VII of the Civil Rights Act of 1964 and 1991

Question 1

Under Title VII of the Civil Rights Act of 1964, as amended by the 1991 Act, what type of discrimination occurs when a seemingly neutral employment policy disproportionately affects members of a protected class, even if there was no intent to discriminate?

Correct Answer: Disparate Impact

The correct answer is 'Disparate Impact.' This type of discrimination occurs when a seemingly neutral employment policy disproportionately affects members of a protected class, even without any intent to discriminate. 'Disparate Treatment' involves intentional discrimination against individuals based on protected characteristics. 'Mixed Motive Discrimination' refers to situations where both discriminatory and non-discriminatory reasons are involved in employment decisions. 'Retaliatory Discrimination' is when an employer takes adverse action against an individual for engaging in protected activities, such as filing a discrimination claim.

Question 2

Under Title VII of the Civil Rights Act of 1964, as amended by the 1991 Act, what does the "mixed-motive" framework refer to in employment discrimination cases?

Correct Answer: A legal doctrine allowing a plaintiff to prevail if discrimination was a motivating factor in the employment decision, even if other non-discriminatory reasons also played a role.

Under Title VII, the 'mixed-motive' framework allows a plaintiff to succeed in an employment discrimination case if discrimination was a motivating factor in the employment decision, even if other legitimate, non-discriminatory reasons also influenced the decision. This approach recognizes that multiple factors may contribute to a decision, and as long as discrimination plays a role, the plaintiff can prevail. The other options do not accurately describe the 'mixed-motive' framework; for example, requiring elimination of all discriminatory factors, focusing solely on statistical evidence of disparate impact, or addressing reasonable accommodations are aspects of different legal standards or protections.

Question 3

Under Title VII of the Civil Rights Act of 1964, as amended by the 1991 Act, which of the following liability doctrines applies when multiple employers participate in a discriminatory practice?

Correct Answer: Joint and several liability

Joint and several liability is the correct answer because under Title VII as amended by the 1991 Act, when multiple employers are involved in a discriminatory practice, each can be held individually responsible for the entire amount of damages. This means that the plaintiff can recover the full amount of damages from any one of the employers, regardless of their individual share of responsibility. Vicarious liability relates to an employer's responsibility for the acts of its employees, but does not specifically address multiple employers participating in discrimination. Comparative liability involves apportioning damages based on the degree of fault, which is not the doctrine applied in this scenario. Strict liability imposes liability without the need to prove fault, which is not applicable in the context of employment discrimination involving multiple employers.

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