Preview Questions Discrimination Lawyer | Role Specific Skill

Question 1: What is the legal definition of "sexual harassment" under Title VII, and how should a lawyer distinguish between quid pro quo harassment and hostile work environment claims?

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Sexual harassment applies only to cases involving male supervisors

Sexual harassment applies only to unwanted physical conduct

Sexual harassment only applies to the workplace environment

Sexual harassment includes both quid pro quo harassment and hostile work environment; the lawyer must establish whether the harassment was based on unwelcome sexual advances or created an abusive work environment

Question 2: What is the purpose of the "mixed-motive" defense in Equal Employment Opportunity law?

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It provides an automatic exemption from discrimination claims if the employer has good intentions

It eliminates the need for the employer to provide evidence in cases of discrimination

It allows an employer to justify a discriminatory decision if there is another legitimate, non-discriminatory reason

It shifts the burden of proof to the employee to prove intent

Question 3: What is the role of the Equal Employment Opportunity Commission (EEOC) in workplace harassment cases?

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The EEOC investigates claims of discrimination and harassment, attempts to resolve disputes, and issues findings of probable cause

The EEOC can impose criminal penalties on employers found guilty of harassment

The EEOC is only involved if the employee requests financial compensation

The EEOC provides legal counsel to both the complainant and the employer

Question 4: How can an employer defend against a hostile work environment claim under Title VII?

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The employer can assert that it took reasonable steps to prevent and promptly address the harassment, including establishing effective grievance procedures

The employer can claim that the harassing behavior was not severe enough to warrant action

The employer can argue that the employee was not subjected to discrimination based on a protected class

The employer can argue that the employee's complaint was unwarranted or exaggerated

Question 5: What is the "Burlington Northern test" for retaliation claims under Title VII, and how should a lawyer argue this in cases involving workplace retaliation?

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Retaliation claims are only valid if the employee is terminated

Retaliation claims apply only to physical harm suffered by the employee

The Burlington Northern test requires showing that the retaliation was materially adverse to the employee's job and would deter a reasonable person from making a complaint

Retaliation claims are irrelevant unless the employer's motive is shown

Question 6: What is the primary function of a "motion for sanctions" in litigation?

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To ensure that evidence is admissible in the trial

To request that the court impose penalties for unethical behavior or violations of court rules

To dismiss a case outright due to the plaintiff's conduct

To compel the opposing party to accept a settlement offer