Question 1

Matching&#10;a. English proficiency rules&#10;b. direct evidence of national origin discrimination&#10;c. language&#10;d. example of prohibited national origin discrimination&#10;e. legitimate business reason for English-only rule&#10;f. national origin discrimination&#10;g. whether accent interferes with job performance&#10;h. absolute rules&#10;i. citizenship&#10;j. limited rules&#10;A requirement that employees or job applicants have the ability to write, speak, and understand&#10;English at a given level of proficiency.

Accepted Answer

English proficiency rules refer to the requirement that employees or job applicants must have the ability to write, speak, and understand English at a specified level of proficiency.

Question 2

Matching&#10;a. English proficiency rules&#10;b. direct evidence of national origin discrimination&#10;c. language&#10;d. example of prohibited national origin discrimination&#10;e. legitimate business reason for English-only rule&#10;f. national origin discrimination&#10;g. whether accent interferes with job performance&#10;h. absolute rules&#10;i. citizenship&#10;j. limited rules&#10;Adverse employment actions based on a person's (or his or her ancestors') place of origin or the&#10;&#34;physical, cultural, or linguistic characteristics of a national origin group.&#34;

Accepted Answer

Adverse employment actions based on physical, cultural, or linguistic characteristics of a national origin group are examples of national origin discrimination.

Answer: B
 Direct evidence of national origin discrimination refers to evidence that shows an employer's actions were motivated by discriminatory intent based on a person's national origin.

Answer: D
 An example of prohibited national origin discrimination includes adverse employment actions based on a person's place of origin or the physical, cultural, or linguistic characteristics of a national origin group.

Answer: G
 When determining whether an accent interferes with job performance, employers must make individualized assessments based on the specific job duties and the level of communication required.

Answer: E
 English-only rules may be permissible if there is a legitimate business reason for them, such as concerns about safety or efficiency in the workplace.

Answer: A, H, J
 English proficiency rules can be permissible as long as they are limited in scope and applied only to specific job duties where proficiency is necessary for the safe and effective performance of the job. However, absolute or overly broad rules that require English proficiency for all job duties or positions may be discriminatory.

Question 3

Matching&#10;a. English proficiency rules&#10;b. direct evidence of national origin discrimination&#10;c. language&#10;d. example of prohibited national origin discrimination&#10;e. legitimate business reason for English-only rule&#10;f. national origin discrimination&#10;g. whether accent interferes with job performance&#10;h. absolute rules&#10;i. citizenship&#10;j. limited rules&#10;Rules that apply at all times and in all places while the employee is at work.

Accepted Answer

Absolute rules are rules that apply at all times and in all places while the employee is at work.

Question 4

Matching&#10;a. English proficiency rules&#10;b. direct evidence of national origin discrimination&#10;c. language&#10;d. example of prohibited national origin discrimination&#10;e. legitimate business reason for English-only rule&#10;f. national origin discrimination&#10;g. whether accent interferes with job performance&#10;h. absolute rules&#10;i. citizenship&#10;j. limited rules&#10;Key determination in accent discrimination cases.

Accepted Answer

The determination of whether accent interferes with job performance is key in accent discrimination cases, as an employer must show that an employee's accent actually interferes with their ability to perform their job duties.

Question 5

A challenge can be mounted to an English-only rule in a case where the rule may decrease the effec-
tiveness of communication and therefore interfere with the ability of a person whose primary lan-
guage is not English to learn safety procedures and to properly respond to emergencies.

Accepted Answer

An English-only rule may create a barrier to effective communication for non-native English speakers, which could compromise their ability to learn safety procedures and respond to emergencies. Such a situation may prompt a challenge to the rule.

Question 6

Matching&#10;a. English proficiency rules&#10;b. direct evidence of national origin discrimination&#10;c. language&#10;d. example of prohibited national origin discrimination&#10;e. legitimate business reason for English-only rule&#10;f. national origin discrimination&#10;g. whether accent interferes with job performance&#10;h. absolute rules&#10;i. citizenship&#10;j. limited rules&#10;Statements by the employer, such as that it has prohibited the speaking of Spanish at work but&#10;not other languages &#34;because persons speaking Spanish are generally loud and disruptive&#34; that&#10;indicate a bias against members of a particular group.

Accepted Answer

The statement indicates a bias against Spanish speakers, which is direct evidence of national origin discrimination.

Question 7

Ethnic slurs and other harassment based on national origin or ancestry are unlawful.

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of national origin, which includes ethnic slurs and other types of harassment. Therefore, it is unlawful.

Question 8

Matching&#10;a. English proficiency rules&#10;b. direct evidence of national origin discrimination&#10;c. language&#10;d. example of prohibited national origin discrimination&#10;e. legitimate business reason for English-only rule&#10;f. national origin discrimination&#10;g. whether accent interferes with job performance&#10;h. absolute rules&#10;i. citizenship&#10;j. limited rules&#10;Height or weight specifications that are not related to successful job performance.

Accepted Answer

Height or weight specifications that are not directly related to job performance can be considered a form of national origin discrimination if they disproportionately affect individuals from certain national origins and are not justified by business necessity.

Question 9

Accent discrimination is not actionable under the national origin protection of Title VII.

Accepted Answer

Accent discrimination can be considered a form of national origin discrimination, which is protected under Title VII of the Civil Rights Act of 1964, making it actionable if it affects employment decisions.

Question 10

Matching&#10;a. English proficiency rules&#10;b. direct evidence of national origin discrimination&#10;c. language&#10;d. example of prohibited national origin discrimination&#10;e. legitimate business reason for English-only rule&#10;f. national origin discrimination&#10;g. whether accent interferes with job performance&#10;h. absolute rules&#10;i. citizenship&#10;j. limited rules&#10;Not one of the ethnic traits that comprises national origin.

Accepted Answer

Citizenship is not considered an ethnic trait that comprises national origin. It refers to one's legal status in a country, not their cultural or ancestral background.

Question 11

Matching&#10;a. English proficiency rules&#10;b. direct evidence of national origin discrimination&#10;c. language&#10;d. example of prohibited national origin discrimination&#10;e. legitimate business reason for English-only rule&#10;f. national origin discrimination&#10;g. whether accent interferes with job performance&#10;h. absolute rules&#10;i. citizenship&#10;j. limited rules&#10;Ensuring that management understands what is being said in order to effectively evaluate&#10;employees in all work-related communications.

Accepted Answer

The answer of Matching&#10;a. English proficiency rules&#10;b. direct evidence of...

Question 12

In various cases the EEOC has held that English-only rules could constitute national origin dis-&#10;crimination.

Accepted Answer

The answer of In various cases the EEOC has held...

Question 13

According to the EEOC guidelines, an English-only rule that is applied at all times in the work-&#10;place constitutes a burdensome term and condition of employment.

Accepted Answer

The answer of According to the EEOC guidelines, an English-only...

Question 14

Statistical evidence may not be used to establish that an English-only rule has been applied differ-
ently to similarly situated employees of a different national origin than that of the charging party.

Accepted Answer

The answer of Statistical evidence may not be used to...

Question 15

There is no national origin discrimination when the choice is between two individuals from the same national origin group.

Accepted Answer

The answer of There is no national origin discrimination when...

Question 16

Matching&#10;a. English proficiency rules&#10;b. direct evidence of national origin discrimination&#10;c. language&#10;d. example of prohibited national origin discrimination&#10;e. legitimate business reason for English-only rule&#10;f. national origin discrimination&#10;g. whether accent interferes with job performance&#10;h. absolute rules&#10;i. citizenship&#10;j. limited rules&#10;One of the ethnic traits included in the definition of national origin.

Accepted Answer

The answer of Matching&#10;a. English proficiency rules&#10;b. direct evidence of...

Question 17

EEOC guidelines prohibit discrimination on the basis of marriage to or association with persons, membership in organizations, or attendance at schools or churches associated with a national origin group.

Accepted Answer

The answer of EEOC guidelines prohibit discrimination on the basis...

Question 18

An employer may have a rule requiring that employees speak only in English at certain times if
the employer can show that the rule is justified by necessity situations in which employees are
required to speak English while dealing with customers or while in areas of the employer 's
premises that are open to the public.

Accepted Answer

The answer of An employer may have a rule requiring...

Question 19

It is not unlawful to prefer someone for employment or promotion because the individual was born in the United States over someone from another country.

Accepted Answer

The answer of It is not unlawful to prefer someone...

Question 20

Matching&#10;a. English proficiency rules&#10;b. direct evidence of national origin discrimination&#10;c. language&#10;d. example of prohibited national origin discrimination&#10;e. legitimate business reason for English-only rule&#10;f. national origin discrimination&#10;g. whether accent interferes with job performance&#10;h. absolute rules&#10;i. citizenship&#10;j. limited rules&#10;Rules that require employees to speak only in English at certain times, (such as working hours),&#10;or in certain places (such as while in the presence of customers).

Accepted Answer

The answer of Matching&#10;a. English proficiency rules&#10;b. direct evidence of...

Deck 11: National Origin Discrimination