Employment Law Practice Exam

Under the 1991 Civil Rights Act, what must employers demonstrate regarding an individual's race, color, religion, sex, or national origin?

1. Was not the deciding factor in the employment decision

2. Did not limit that individual's employment options

3. Caused no financial hardship to the individual

4. Played no role in their employment practices

The correct answer is: Was not the deciding factor in the employment decision

Under the 1991 Civil Rights Act, which amended the original Civil Rights Act of 1964, employers are required to demonstrate that an individual's race, color, religion, sex, or national origin was not the deciding factor in employment decisions. This provision addresses claims of discrimination and emphasizes the need for an employer to show that their decision-making processes were not unduly influenced by these protected characteristics. When an individual files a claim alleging discrimination, the burden of proof initially may rest on the employee to establish a prima facie case of discrimination, demonstrating that they suffered an adverse employment action. Once this is established, the employer is then tasked with demonstrating that the challenged employment action was based on legitimate, non-discriminatory reasons. Essentially, if race, color, religion, sex, or national origin was a motivating factor in the employment decision, the employer bears the responsibility to show that these factors were not the deciding cause of the adverse employment action. Regarding the other choices, while limiting an individual's employment options or causing financial hardship may be relevant in certain contexts, they do not directly pertain to the specific requirements established by the 1991 Civil Rights Act concerning the motivation behind employment decisions. Similarly, stating that these protected characteristics played no role in employment