To determine whether racial harassment has occurred, an objective standard is used, not the subjective impressions of the Plaintiff.

Mary was employed at Badger Industries, Inc. as an associate manager in the purchasing department. Prior to the arrival of her new supervisor, she received the highest employee rating on her yearly evaluation. Her new supervisor, Bob, was overheard saying that he did not believe women were smart enough to manage a department. Mary was fired for poor work performance six months later. If she wins her claim for gender discrimination, which of the following will Mary be entitled to?

Bob, the branch manager at Plano Bank, hires Mary as a teller. A few months later, he urges her to engage in some sexual activity with him in return for a promotion to the post of senior teller. Fearful about losing her job, Mary agrees. After a year of an intermittent sexual relationship with him, she tells him that the relationship is over. When she applies for the job of assistant branch manager, Bob selects another employee in the branch with less experience for the job. In spite of the bank’s well-developed sexual harassment policy, which requires complaints of sexual harassment be made to the human resources department, Mary files a complaint with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this case?

An employment decision based on a person having a so-called “black accent” violates Title VII if the accent or manner of speech does not materially interfere with the ability to perform job duties.

Being female can be a BFOQ for a flight attendant position if the airline markets itself as having pretty and flirtatious stewardesses.

When courts consider whether a worker is an employee or an independent contractor, under the economic realities test, courts consider whether a worker is economically dependent on the business or is in the business for himself or herself.

Claims of national origin harassment are actionable only if the harassment frightened the employee.

Differences in wages are permitted under the Equal Pay Act (EPA) if based on age or family size.

Bob is hired as a financial analyst at Eager Beaver Investors under the employment condition that for the first three months he will not be eligible for any incentives. Based on Bob’s performance during this three-month period, the company will classify him as a permanent employee, raise his salary by 10 percent, and provide him a share of incentives. However, even after Bob performs above the standard during the first five months at her job, the company refrains from acting accordingly to avoid certain costs. Thus, Bob can avail a cause of action for:

Race can be used as a bona fide occupational qualification when the employer can prove strong customer or co-worker preference.