Deck 8: Discrimination Based on Religion and National Origin and Procedures Under Title Vii

Question 1

The EEOC enforces federal laws prohibiting employment discrimination.

Answer 1

True

Question 2

When an employer is not within the exemption provision of Section 702 under Title VII, and the religion is not a BFOQ, the prohibition against discrimination on the basis of religion is:

A)absolute.
B)obsolete.
C)not absolute.
D)unconditional.

Answer 2

C

Question 3

An employer who is providing helicopter pilots under contract to the Saudi Arabian government to fly Muslim pilgrims to Mecca could refuse to hire non-Muslims or require all pilots to convert to Islam.

Answer 3

True

Question 4

The Immigration Reform and Control Act of 1986 (IRCA)prohibits employment discrimination because of national origin or citizenship against applicants or employees, including illegal aliens.

Question 5

The rules of procedure for the federal courts allow an individual plaintiff to sue on behalf of a whole class of individuals allegedly suffering the same harm.

Question 6

Individual employees, even those in supervisory or managerial positions, are personally liable under Title VII.

Question 7

The plaintiff, in a suit under Title VII, always carries the burden of proof.

Question 8

Government action involving religion raises issues under the _____ of the U.S. Constitution.

A)Third Amendment
B)First Amendment
C)Fifth Amendment
D)Fourth Amendment

Question 9

Section 706(g)provides that no back pay order shall extend to a period prior to one year before the date of the filing of a complaint with the EEOC.

Question 10

If the EEOC dismisses a complaint or decides not to file suit, it notifies the complainant that he or she may file suit on his or her own.

Question 11

Title VII does not allow employers to hire employees of a particular ethnic or national origin even if based on legitimate business, safety, or security concerns.

Question 12

An employee is given 160 days to file complaint with the EEOC under the Lilly Ledbetter Fair Pay Act.

Question 13

Title VII includes religion within the BFOQ exception enumerated in:

A)Section 703(d) (2).
B)Section 703(d) (1).
C)Section 702(d) (2).
D)Section 703(e) (1).

Question 14

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of religion.

Question 15

Unions and employers generally agree that any dispute arising under their collective agreements will be settled through arbitration.

Question 16

Section 702(a)provides an exception under Title VII to all:

A)religious associations.
B)non-profit institutes.
C)corporate houses.
D)international organizations.

Question 17

Title VII does not currently prohibit employment discrimination against any applicant or employee because of national origin.

Question 18

The judgment of the court in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos, in which plaintiffs brought action against the CPB and the COP alleging, among other things, discrimination on the basis of religion in violation of the Civil Rights Act of 1964, was:

A)upheld.
B)reversed.
C)remanded.
D)dismissed.

Question 19

While seeking accommodation, an employee is required to act reasonably in considering the alternative means of accommodation that is available.

Question 20

Under Title VII, the federal government has exclusive authority over employment discrimination issues.

Question 21

Which section of Title VII states that it is not a violation if an employer refuses to hire or to discharge an employee who is unable to meet the requirements for a national security clearance where federal law or regulations require such a clearance for the job in question?

A)Section 703(a)
B)Section 703(f)
C)Section 703(e)
D)Section 703(g)

Question 22

The EEOC enforces _____ prohibiting employment discrimination.

A)state laws
B)regional laws
C)community laws
D)federal laws

Question 23

The Federal Arbitration Act (FAA)requires federal courts to enforce agreements to arbitrate if they:

A)pertain to railroad employees, or any other class of workers engaged in foreign or  interstate commerce.
B)are voluntary and knowing.
C)do not place undue hardship on the parties.
D)were not knowingly agreed to.

Question 24

Dorothy filed a complaint with the EEOC against her employer alleging sex-based discrimination. The complaint can be filed with the EEOC:

A)within 300 days of occurrence of the act.
B)only if the company is registered with the EEOC.
C)which will be immediately sent to the district court.
D)prior to filing the complaint with a state or local agency.

Question 25

Ron and Roderick were American employees at a publishing firm. The company employed 22 workers, most of who were French or spoke French. There were constant complaints pertaining to language issues by Ron and Roderick. The company subsequently adopted an "English-only" policy, requiring employees to speak in English while conducting business. The French employees and the union then filed a lawsuit against the company, alleging that the English-only policy violated Title VII. In this case, the court held that there was no violation of Title VII because:

A)there wasn't enough evidence that the rule was actually implemented.
B)there were no reasonable grounds to justify that provisions of Title VII were violated.
C)there were not a sufficient number of employees to support the union.
D)there were a large number of English speaking employees in the company.

Question 26

The Civil Rights Act of 1991 amended Title VII to allow recovery of punitive damages in cases in which the employer has engaged in:

A)discrimination based on creed.
B)discrimination based on third party information.
C)religious discrimination.
D)racial discrimination.

Question 27

The Immigration Reform and Control Act was enacted in the year:

A)1889.
B)1986.
C)1898.
D)1978.

Question 28

Identify the case in which the Court of Appeals held that the employer had committed an unlawful employment practice under Section 703(a) (1)of the Act.

A)Trans World Airlines v. Harry
B)Atkinson Airlines v. Hudson
C)Starbucks Airlines v. Hardsen
D)Trans World Airlines v. Hardison

Question 29

EEOC factors to consider in determining reasonable accommodation and undue hardship include:

A)The nature of the job or jobs that present a conflict.
B)The cost of the accommodation.
C)The administrative requirements of the accommodation.
D)All of these answers.

Question 30

Richard worked as an assembly line worker and faced employment discrimination by his supervisors. He filed a suit against his supervisors and company under Title VI and consecutively won the case against his employers. He was most likely:

A)awarded back pay.
B)reinstated at a senior level with higher pay.
C)awarded compensatory damages.
D)awarded punitive damages.

Question 31

Employers are allowed to refuse to hire applicants who are denied national security clearances for positions subject to federal security requirements under:

A)Section 703(g)of Title VII.
B)Section 703(e)of Title VII.
C)Section 704(e)of Title VII.
D)Section 703(f)of Title VII.

Question 32

Luke was selected for the post of junior manager in a five-star hotel. The employer's application for employment contained a Dispute Resolution Agreement requiring employees to submit all employment disputes to binding arbitration. Applicants who refused to sign the Dispute Resolution Agreement were not hired. Such an agreement is:

A)not enforceable under the FAA, as held by the district court.
B)not enforceable under the FAA, as held by the Supreme court.
C)enforceable under the FAA , as held by the Supreme court.
D)enforceable under the FAA, as held by the district court.

Question 33

An employer may violate _____ by discriminating against an applicant or employee whose education or training is foreign.

A)the Sarbanes-Oxley Act
B)disparate impact
C)Title VII
D)disparate treatment

Question 34

Awarding of back pay and seniority is a:

A)principle reversed by the Supreme court.
B)remedy under Title VII.
C)state employment policy.
D)federal employment policy.

Question 35

Mixed-motive discrimination claims fall under section:

A)703(n)of Title VII.
B)703(c)of Title VII.
C)703(m)of Title VII.
D)703(a)of Title VII.

Question 36

Carter v. Transport Workers Union of America Local 55 dealt primarily with:

A)accommodation of religious beliefs.
B)accommodation of disability.
C)the ministerial exemption.
D)None of these answers.

Question 37

In McDonnell Douglas Corp. v. Green, the respondent (Green)filed a formal complaint with the Equal Employment Opportunity Commission, claiming that the petitioner had refused to rehire him because of his race, and persistent involvement in the civil rights movement that were in violation of Sections 703(a) (1)and 704(a). How would Green claim a case of discrimination?

A)By clause of arbitration
B)By establishing a prima-facie case
C)By establishing suo-moto case
D)By collective bargaining

Question 38

Unlike the National Labor Relations Act, Title VII does not give exclusive authority over employment discrimination issues to:

A)local governments.
B)state authorities.
C)employers.
D)the federal government.

Question 39

Mohammed worked in a garment manufacturing firm. He was a new immigrant from Afghanistan and due to the terrorist activities in his country he faced several discrimination issues at his place of work. He was subjected to humiliation and verbal abuse, and subsequently he was physically assaulted by his co-workers a few blocks from the company premises. He filed a suit under Title VII alleging racial discrimination by co-workers and his employers. To establish a prima-facie case he should present the court with:

A)enough evidence to raise a presumption of discrimination.
B)written notice from the federal government allowing him to sue his employers.
C)written notice from the state government allowing him to sue his employers and co-workers.
D)direct evidence to raise the mixed-motive analysis under Section 702(m).

Question 40

One way to establish proof of a disproportionate impact is by using the:

A)Four-Fifth Rules from the NLRB guidelines.
B)Four-Fifth Rules from the IRCA Guidelines.
C)Four-Fifths Rule from the EEOC Guidelines.
D)Lilly Ledbetter Fair Pay Act Guidelines.

Question 41

How does Equal Employment opportunity commission (EEOC)differ from the workings of the National Labor Relations Board (NLRB)?

Question 42

Why should employers avoid arbitrary employment criteria, such as height or weight for applicants?

Question 43

The Office of Compliance initially attempts to resolve the complaint through:

A)litigation.
B)arbitration.
C)counseling and mediation.
D)specific performance of contract.

Question 44

All of the following individuals are subject to Title VII through the Presidential and Executive Office Accountability Act except employees of the:

A)House of Representatives.
B)executive office of the president.
C)executive residence at the White House.
D)official residence of the vice president.

Question 45

What are disparate treatment claims?

Question 46

Which of the following employees are subject to Title VII through the Congressional Accountability Act of 1995?

A)Capitol Police
B)Capitol Guide Service
C)Office of the Architect of the Capitol
D)All of these answers.

Question 47

The court may award "reasonable attorney's fees":

A)with a notice from the chief justice of the Supreme court.
B)at its discretion.
C)upon the order of the federal government.
D)only when the plaintiff's case was not frivolous, unreasonable, vexatious, or meritless.

Question 48

Complaints by federal of violations of Title VII may choose to pursue the complaint with the:

A)state court.
B)U.S. Supreme court.
C)federal apex court of the state.
D)EEOC or file suit in federal court.

Question 49

A federal employee alleging employment discrimination must first consult with a(n):

A)Lilly Ledbetter Fair Pay Act counselor.
B)Disparate Treatment Claims counselor.
C)Equal Employment Opportunity (EEO)counselor within the employee's own agency.
D)National Labor Relations Board counselor.

Question 50

Write down the provision of section 703(g)of Title VII.

Question 51

Under which rule of Title VII, does the EEOC not need a certification as a class representative?

A)Rule 20
B)Rule 21
C)Rule 22
D)Rule 23

Question 52

The U.S. Attorney General has the authority under section 706(f) (1)to file a suit against:

A)the local public employer.
B)the private employer of a different state.
C)an employee of the EEOC.
D)an employee of the NLRB.

Question 53

In which of the following cases did the Supreme Court uphold the court-ordered affirmative action to remedy prior employment discrimination?

A)New York Gaslight Club v. Carey
B)Local 28, Sheet Metal Workers v. EEOC
C)Christianburg Garment Co. v. EEOC
D)Franks v. Bowman Transportation Co.

Question 54

What does Title VII of the Civil Rights Act of 1964 deal with?

Question 55

Title VII was amended in 1972 to cover:

A)judicial organizations.
B)federal employers.
C)employees of the state and federal employers.
D)employees of state and local employers.

Question 56

What provisions are provided under section 703(e) (2)of Title VII of the Civil Rights Act of 1964?

Question 57

What are the two methods for a defendant to respond when a prima-facie case of disparate treatment has been established?

Question 58

What is discrimination based on national origin?

Question 59

Explain ministerial exemption within the context of Title VII.

Question 60

What is the Lilly Ledbetter Fair Pay Act of 2009?

Question 61

Explain the policy regarding English-Only Rules.

Question 62

Explain the Immigration Reform and Control Act of 1986, and Discrimination Based on National Origin or Citizenship.

Question 63

What are the remedies provided under Title VII?

Question 64

Discuss the enforcement of Title VII.

Question 65

Discuss the Equal Employment opportunity commission (EEOC)guidelines that are considered in determining what amounts to reasonable accommodation and whether it results in undue hardship.