Question 1

Paul works at Build and Bold Gym Inc.as the office secretary.His co-workers are all trainers and fitness specialists.They refer to Paul as a "pretty man" because he does not lift weights,and they routinely call him "Paula." They sometimes even go to the extent of imitating the way he walks and behaves and telling him that he acts like a girl.Paul is very disturbed because of the way he is treated at work.Which of the following holds true in this scenario?

Accepted Answer

Paul has a valid claim under Title VII of the Civil Rights Act of 1964 because it prohibits same-gender sexual harassment. Title VII of the Civil Rights Act of 1964 does not include a prohibition against discrimination on the basis of sexual orientation. However, it prohibits sexual harassment of an employee by someone of the same gender.

Question 2

Title VII of the Civil Rights Act of 1964 does not include a prohibition against discrimination on the basis of sexual orientation,but it does protect homosexuals if the employment action:

Accepted Answer

Sometimes an employer terminates an employee who fits into more than one category, or perceived category, of Title VII of the Civil Rights Act of 1964. One category may be protected and the other not. Liability may still ensue. For instance, if an employer terminates a black (protected) female (protected) after the employer finds that she is a lesbian (not protected), the employee is not able to use her status as a lesbian as the basis for a Title VII claim. However, if the employee can show that white lesbians were not terminated, this would be discrimination based on her race and would be actionable.

Question 3

Paul is being subjected to severe,pervasive,and unwelcome sexually harassing behavior from his supervisor,Greg.Can Paul bring a successful suit against Greg for sexual harassment under Title VII of the Civil Rights Act of 1964?

Accepted Answer

Paul can bring a successful suit against Greg for sexual harassment under Title VII of the Civil Rights Act of 1964 because Title VII prohibits same-gender sexual harassment. Sexual harassment of an employee by someone of the same gender is prohibited under Title VII unless it can be shown that it was actually based on sexual orientation.

Question 4

A person is considered a transgender:

Accepted Answer

According to the Human Rights Campaign, the term transgender encompasses cross-dressers, intersexed people (formerly called hermaphrodites, or those born with both sex organs), transsexuals, and people who live substantial portions of their lives as other than their birth gender. Within the transgender community are those who may have had surgery to change their gender, or those who cannot afford such surgery or for other reasons may not wish to have surgery, but they still feel like the gender opposite their outward appearance and they wish to present that to the world.

Question 5

James is a waiter at Dazzy's Deli.He is also studying fashion design at a local college.The other waiters ridicule his chosen field of study,saying that "real men don't use sewing machines." They call him a punk and keep targeting all their jokes at him.They even attempted to pull his shirt off once.This type of verbal and physical abuse takes place on a regular basis and has caused him a lot of duress.In this scenario,James:

Accepted Answer

James has a claim for same-gender sexual harassment under Title VII of the Civil Rights Act of 1964. Sexual harassment of an employee by someone of the same gender is prohibited under Title VII unless it can be shown that it was actually based on sexual orientation.

Question 6

Lina,a lesbian,is employed by Ostrich Construction as a welder.Lina's co-workers do not know that she is a lesbian.However,she is frequently subjected to verbal abuse by her male co-workers who think that welding is a man's job.Lina is called inappropriate names,and she is exposed to nude pictures of women on the walls.When she complains to her supervisor,she is told to ignore such behavior and focus on her work instead.Lina eventually quits her job.Which of the following holds true in this scenario?

Accepted Answer

Lina has a claim under Title VII of the Civil Rights Act of 1964 because she was subjected to sexual harassment. Sexual harassment in the form of a hostile work environment constitutes sex discrimination. Sexual harassment is actionable under Title VII of the Civil Rights Act of 1964 to the extent it occurs "because of" an employee's gender. Title VII permits employees claiming discrimination based on failing to fit a certain gender-based stereotype (usually effeminate men) to bring a claim based on gender stereotyping.

Question 7

Ethan operates True Confessions,a clothing store that markets its products to lesbians.Kenneth applies for a sales job at the store.He has extensive experience in the field of apparel retailing.However,Ethan rejects Kenneth's application on the basis that the company is looking for qualified individuals who are lesbians to fill the position.Kenneth files a complaint under Title VII of the Civil Rights Act of 1964.Which of the following holds true in this scenario?

Accepted Answer

Kenneth may have a claim on the basis of sex or gender discrimination. Sometimes an employer discriminates against an employee who fits into more than one category, or perceived category, of Title VII of the Civil Rights Act of 1964. One category may be protected and the other not. Liability may still ensue.

Question 8

The issue of sexual orientation is different from gender identity because:

Accepted Answer

Gender identity involves how an individual identifies with gender. It encompasses several different manifestations, including the transgendered. This is quite different from the issue of sexual orientation. Gays and lesbians do not feel that their body and mind are at odds. They simply have an affinity for their same gender. By the Equal Employment Opportunity Commission decision, gender identity is considered a type of gender for workplace discrimination purposes.

Question 9

In the Oncale v.Sundowner Offshore Services,Inc.case,the U.S.Supreme Court:

Accepted Answer

In the Oncale v. Sundowner Offshore Services, Inc. case, the U.S. Supreme Court stated that there could be a cause of action for sexual harassment even if both parties are of the same gender, as long as it is clear that the basis for the harassment is not because the harassee is gay or lesbian. Oncale was a huge case. Not only had courts across the country been absolutely splintered in their approaches to the same facts, but legal scholars and employers, as well as the public, debated the issue at length.

Question 10

Carlos is a customer relationship executive at a bank.He enjoys wearing makeup.One day,he wears makeup to work,causing quite a stir at his workplace.He disobeys a direct order from Christine,his supervisor,to remove the makeup,whereupon he is terminated.In this scenario,Carlos's termination:

Accepted Answer

Carlos's termination is not actionable under Title VII of the Civil Rights Act of 1964. Employers are able to have workplace dress codes as long as they do not violate Title VII of the Civil Rights Act of 1964. There is nothing in Title VII to prevent an employer from prohibiting men from wearing makeup in the workplace.

Question 11

Carrie is a lesbian who worked as a teacher and a part-time administrative coordinator at a public school for 14 years.Loren,a student,discovered that Carrie was a lesbian and informed her mother.Loren's mother raised the issue with the school's principal,after which Carrie was asked to stop teaching,though she was allowed to continue as an administrative coordinator in the same school.In this scenario,Carrie:

Accepted Answer

Carrie can file a suit based on the Equal Protection Clause of the U.S. Constitution because she is a local government employee. In addition to rights that may be provided by state and local legislation, lesbian, gay, bisexual, and transgender (LGBT) public employees adversely affected by an employment decision based on sexual orientation may, under appropriate circumstances, use state constitutions or the First, Fifth, or Fourteenth Amendments of the U.S. Constitution as a basis for suit, as well as the constitutional right to privacy. This applies to federal, state, and local employees.

Question 12

Ezra is a public employee.He is subjected to discrimination at work after a few co-workers learn that he is gay.If he files a sexual orientation discrimination claim,it could be based on:

Accepted Answer

In addition to rights that may be provided by state and local legislation, lesbian, gay, bisexual, and transgender (LGBT) public employees adversely affected by an employment decision based on sexual orientation may, under appropriate circumstances, use state constitutions or the First, Fifth, or Fourteenth Amendments of the U.S. Constitution as a basis for suit, as well as the constitutional right to privacy. It appears that the plain language of the Fourteenth Amendment's Equal Protection Clause prohibits a state government or agency from engaging in intentional discrimination-even on the basis of sexual orientation-absent some rational basis for so doing.

Question 13

Charles had gender reassignment surgery and became Charlene,a female.Prior to the operation,he was the night shift security supervisor at an industrial park.When Charlene reported to work after the surgery,her employer reassigned her to the day shift because the conditions at the industrial park seemed to be too dangerous for a woman to work during the night shift.Charlene filed a claim with the Equal Employment Opportunity Commission (EEOC).Which of the following holds true in this scenario?

Accepted Answer

Charlene can claim gender discrimination under Title VII of the Civil Rights Act of 1964 because it covers gender identity discrimination. In the case of gender identity, the Equal Employment Opportunity Commission (EEOC) said there is discrimination either because an employee transitioned from one gender to the other or because an employer is uncomfortable with an employee not conforming to gender norms, and either should be actionable under Title VII of the Civil Rights Act of 1964 as gender discrimination. In the case of gender identity, the safest thing, and the most appropriate for workplace purposes, is simply to treat an employee consistently with the way the employee presents his or her identity.

Question 14

Chan,an Asian employee working at Coral Systems Inc.,is terminated on the grounds that he is homosexual.He wants to file a discrimination claim against his employer.Chan will have a valid claim under Title VII of the Civil Rights Act of 1964 if he can show that:

Accepted Answer

Chan will have a valid claim under Title VII of the Civil Rights Act of 1964 if he can show that his employer did not terminate homosexual employees from other races.
This would be discrimination based on race, which would be actionable. Sometimes an employer terminates an employee who fits into more than one category, or perceived category, of Title VII of the Civil Rights Act of 1964. One category may be protected and the other not. Liability may still ensue.

Question 15

Calvert Inc.terminates Oman,a homosexual employee of Middle-Eastern descent.Oman believes that his termination was unlawful.Which of the following is true in this scenario?

Accepted Answer

Oman may have a claim for relief under Title VII of the Civil Rights Act of 1964 because of his Middle-Eastern ethnicity. Sometimes an employer discriminates against an employee who fits into more than one category, or perceived category, of Title VII of the Civil Rights Act of 1964. One category may be protected and the other not. Liability may still ensue.

Question 16

Joseph,an African American,works on the assembly line at Red Globe Appliances.While working,he talks in detail about his intimate sexual escapades at a local gay bar.The other employees complain to the supervisor,and Joseph is asked not to discuss his personal life at work.Joseph continues to recount stories of his sexual triumphs,and he is terminated.In this scenario,Joseph has a:

Accepted Answer

Joseph has a race discrimination claim under Title VII of the Civil Rights Act of 1964 if he can show that white gay men engaged in the same or similar conduct and were not terminated. Sometimes an employer terminates an employee who fits into more than one category, or perceived category, of Title VII. One category may be protected and the other not. Discrimination based on race is prohibited under Title VII and would be actionable.

Question 17

Same-gender sexual harassment is:

Accepted Answer

Title VII of the Civil Rights Act of 1964 covers sexual harassment even if the parties are both the same gender. However, if harassment is based on an employee's sexual orientation, it is not covered under Title VII.

Question 18

Ross,a homosexual male,refuses to award Martin,a heterosexual,a well-deserved promotion at work unless Martin agrees to get physically intimate with him.Martin refuses and is not promoted.Martin brings a claim of sexual harassment against Ross on the grounds that Martin conditioned the promotion of the men in his department on the granting of sexual favors but did not similarly condition the promotion of the women in his department.Which of the following will hold true in this scenario?

Accepted Answer

Martin can proceed with a claim under Title VII of the Civil Rights Act of 1964 based on same-gender sexual harassment but not with a claim based on sexual orientation. Sexual harassment of an employee by someone of the same gender is prohibited under Title VII unless it can be shown that it was actually based on sexual orientation.

Question 19

Toby is a transsexual,and he is actively transitioning.He informed his supervisor that he will start to live and dress as a woman after his gender reassignment surgery.His supervisor calls Toby deviant and fires him.Which of the following holds true in this scenario?

Accepted Answer

The Equal Employment Opportunity Commission (EEOC) included gender identity as part of gender discrimination under Title VII of the Civil Rights Act of 1964 in 2012. In the EEOC's view, because Title VII is a remedial law, it needed to be broadly construed to strike at the entire spectrum of ways in which discrimination is manifested.

Question 20

Ryan,a homosexual male,was recently appointed as a department head at Yellow City Electronics.Shortly thereafter,he demotes all of the men in his department to a position one grade lower than their previous positions.Mike,one of the demoted males,brings a claim of gender discrimination against Ryan on the grounds that Ryan demoted only men and not women.Which of the following holds true in this scenario?

Accepted Answer

Sometimes an employer discriminates against an employee who fits into more than one category, or perceived category, of Title VII of the Civil Rights Act of 1964. One category may be protected and the other not. Liability may still ensue. In this case, if Mike and his co-workers can show that the demotion was without a legitimate cause and female employees were not demoted, this would be discrimination based on gender and would be actionable.

Quiz 10: Sexual Orientation and Gender Identity Discrimination