Chapter 4 Self-test questions

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. Which of the following was introduced in the UK in order to implement a European directive?

Protection against race discrimination. correct incorrect

Protection against gender pay discrimination. correct incorrect

Protection against sexual orientation discrimination. correct incorrect

Protection against disability discrimination. correct incorrect

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. The Equality Act 2010 protects people described in the Act as 'employees'. Which of the following fall within that definition?

People who satisfy the 'employee' definition in the Employment Rights Act 1996. correct incorrect

People who satisfy the 'worker' definition in the Employment Rights Act 1996. correct incorrect

People defined as 'contract' workers. correct incorrect

All of the above. correct incorrect

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. Which of the following is not a 'protected characteristic' under the Equality Act 2010?

Parental status. correct incorrect

Sexual orientation. correct incorrect

Gender reassignment. correct incorrect

Civil partnership. correct incorrect

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. Which of the following is necessary to show direct discrimination?

An actual comparator identical to the claimant. correct incorrect

That the employer had a negative motive related to the protected characteristic. correct incorrect

That the claimant suffered objectively less favourable treatment. correct incorrect

That nobody else suffered the same treatment as the claimant. correct incorrect

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. Which of the following is not a permissible form of positive action under the Equality Act 2010?

Pursuing a transparent policy under which all promotion and hiring decisions are made in favour of an under-represented protected group, even if the successful candidate is less qualified for the job than another candidate not in the under-represented group. correct incorrect

Spending the entire recruitment budget trying to get under-represented groups to apply for positions or promotions. correct incorrect

Changing the hiring or promotion process to make the process easier for members of under-represented or disadvantaged groups. correct incorrect

Awarding a promotion to a woman over an equally qualified man because there are not enough women managers in the company. correct incorrect

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. Which of the following is not a necessary attribute for declaring that a decision constitutes 'indirect discrimination'?

The employer has a discriminatory motive for the decision. correct incorrect

The employer applies a provision, criterion or practice (PCP) which it also applies or would apply equally to those who do not share the claimant's protected characteristic. correct incorrect

The PCP puts or would put people with the claimant's protected characteristic at a particular disadvantage when compared with those who do not share it. correct incorrect

The PCP cannot be shown to be a proportionate means of achieving a legitimate aim. correct incorrect

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. Which of the following defences to claims of discrimination is not defined by reference to proportionality?

The Occupational Requirement defence. correct incorrect

Justification of indirect discrimination. correct incorrect

The Religious Ethos exception. correct incorrect

The 'evil swine' defence to direct discrimination. correct incorrect

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. Which of the following is a defence to a complaint that a fellow employee by his words committed sexual harassment?

The conduct was unwanted by the claimant and violated their dignity but the defendant did not intend to do so. correct incorrect

The conduct was unwanted by the claimant and violated their dignity but the defendant did not intend to create an intimidating, hostile, degrading, humiliating, or offensive environment for the claimant. correct incorrect

The claimant felt that the conduct created an intimidating and environment, but the defendant did not intend do so and it was not reasonable for the claimant to consider that the conduct had that effect. correct incorrect

As the defendant had intended, the claimant felt that the conduct violated their dignity, but it was not reasonable for the claimant to consider that the conduct had that effect. correct incorrect

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. Which of the following is not victimization contrary to the Equality Act 2010?

Not offering an employee overtime because they have lodged a tribunal claim for equal pay correct incorrect

Not offering an employee overtime because they gave evidence to support a fellow employee's complaint of unfair dismissal for conduct correct incorrect

Not offering an employee overtime because they gave evidence to support a race discrimination complaint being made by a fellow employee correct incorrect

Not offering an employee overtime because they said at a team meeting at work that the decision of management to make the toilets unisex was sex discrimination correct incorrect

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. Which of the following is not a valid comparator for an equal pay claim?

An employee of the same employer at the same workplace but doing a different job correct incorrect

An employee of the same employer at a different workplace where both have terms of employment governed by the same collective agreement correct incorrect

An employee of a company in the same group of companies as the claimant's employer who works at the same workplace but doing a different job correct incorrect

An employee doing an identical job at the same workplace who is employed by a different and unconnected company correct incorrect