Deck 9: Sexual Harassment

Question 1

Title VII of the Civil Rights Act does not prohibit discrimination based on affinity orientation,however,

A)a claim for affinity orientation discrimination could be based on the Equal Protection clause of the 14th Amendment if the plaintiff was employed by a state or local government.
B)a claim for affinity orientation discrimination could be based on the Supreme Court's decision in Griggs v.Duke Power Co.
C)a claim for affinity orientation discrimination could be based on the Supreme Court's decision in Phillips v.Martin-Marietta Corp.
D)All of the choices are correct.

Answer 1

A

Question 2

In Alaska Civil Liberties Union v.State of Alaska,the Alaska Supreme Court held that the state's denial of insurance and other benefits to the domestic partners of gay and lesbian employees,while offering the benefits to heterosexual employees' spouses,violated the equal protection clause in the Alaska Constitution.

Answer 2

False

Question 3

Ashley is African-American and Colleen is Caucasian.They are co-workers,lesbian and dating each other.After their employer discovered their relationship,Ashley was terminated and Colleen was not.Ashley does not have a claim for discrimination because Title VII does not protect affinity orientation discrimination.

Answer 3

False

Question 4

Same-gender sexual harassment

A)is excluded from Title VII protection because it is the same as affinity orientation discrimination.
B)includes discrimination against transgenders.
C)is prohibited by Title VII.
D)is prohibited by Title VII only when the harassee and the harasser are strangers.

Question 5

In Romer v.Evans,the U.S.Supreme Court held that Colorado's Amendment 2,which prohibited all legislative,executive and judicial action providing protections to gays and lesbians,violated the equal protection clause of the U.S.Constitution.

Question 6

An employer could be liable for discrimination under Title VII if he knowingly hired lesbians but refused to hire homosexual men.

Question 7

Joseph,an African American,works on the assembly line at Reed Appliances.While working,he talks in detail about his nightly sexual escapades at the local gay bar.The other employees complain to the supervisor and Joseph is asked not to discuss his sex life at work.Joseph continues to recount stories of his sexual triumphs,and he is terminated.

A)Joseph has a claim for gender discrimination under Title VII because he was terminated because he was gay.
B)Joseph has a claim for discrimination under Title VII if he can show that heterosexuals discussed their sex life at work and were not terminated.
C)Joseph has a claim for discrimination under Title VII if he can show that white gay men engaged in the same or similar conduct and were not terminated.
D)Joseph does not have a claim for discrimination under Title VII because it does not provide any protection for homosexuals.

Question 8

Title VII prohibits employment discrimination on the basis of affinity orientation.

Question 9

There is no federal legislation protecting gays and lesbians from employment discrimination,however

A)employers need to be aware of possible tort claims that may result from discrimination against gays and lesbians.
B)employers need to be aware of state and local ordinances that prohibit job discrimination against homosexuals.
C)public employees adversely affected by an employment decision based on affinity 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.
D)All of the choices are correct.

Question 10

Transgenderism is not a protected trait under Title VII,but gender dysphoria is protected under Title VII.

Question 11

Title VII does not prohibit discrimination on the basis of affinity orientation,but it does protect homosexuals

A)if the employment action has a disparate impact on males
B)if the employment action is based on race or religion
C)if the employment action is taken because the employee is a transsexual
D)none of the choices are correct.

Question 12

State and local laws called "identity statutes" provide workplace protection against discrimination for transgenders.

Question 13

Paul works in the office at Big and Bold Gym,Inc.as a secretary.His male and female co-workers are all trainers and fitness specialists.They refer to Paul as a "girlie-man" because he doesn't lift weights,and they routinely call him "Paula." Additionally,they imitate the way he walks,telling him that he walks like girl,acts like a girl,and he must be a girl.

A)Paul has a valid claim for sexual harassment based on the conduct of his female co-workers but not his male-co-workers.
B)Paul has a valid claim for sexual harassment based on the conduct of his male co-workers but not his female-co-workers.
C)Paul does not have a valid claim for sexual harassment based on the conduct of his female co-workers or his male-co-workers.
D)Paul has a valid claim for sexual harassment based on the conduct of his female co-workers and his male-co-workers.

Question 14

The Supreme Court held that the severity of the harassment must be judged from the perspective of a reasonable person in the plaintiff's position,without considering the social context in which the harassment allegedly occurred.

Question 15

Harassment of an individual by someone of the same gender is prohibited unless it can be shown that the discrimination was based on affinity orientation.

Question 16

Jane is a lesbian.She is subjected to verbal abuse at work by her co-workers.Specifically,she is called a "dyke" and is introduced to new employees as "the resident lesbian." Jane has spoken to her supervisor and nothing has changed.Jane has a cause of action under Title VII.

Question 17

An employer can be found to violate Title VII if it discriminates against men based on effeminacy but discrimination against women based on masculinity is not a violation of Title VII.

Question 18

The Employment Nondiscrimination Act was proposed to extend Title VII protection to discrimination based on affinity orientation.

Question 19

Gay Pride Month commemorates the beginning of the modern gay rights movement which dates from

A)1993,when President Clinton implemented the "Don't Ask,Don't Tell" policy,which permits gays to serve in the military but bans homosexual activity.
B)1969,when riots which occurred in New York City in 1969 after police raided the Stonewall Inn,a gay bar.
C)1973,when the American Psychiatric Association removed homosexuality from its official list of mental disorders.
D)2005,when the Canadian parliament passed a bill legalizing gay marriage throughout the country.

Question 20

Dan has undergone gender reassignment surgery and is now a female.Dan is immediately fired.

A)The firing is protected under Title VII if the firing was due to the sex change.
B)The firing is protected under Title VII if the firing was because Dan is a female.
C)The firing is protected under Title VII if the firing was because Dan's operation caused him to be absent for more than 12 weeks.
D)The firing is protected under Title VII if the firing was because Dan's surgery was not covered by the employer sponsored health insurance.

Question 21

Opal operates Bonnets of Bilitis,a clothing store that markets its products to lesbians.Kenneth,a homosexual man,with extensive retail clothing sales experience applies for a sales job at Bonnets.Opal rejects his application because he is not lesbian.Kenneth files a complaint under Title VII.

A)Kenneth can prevail on the basis of affinity discrimination.
B)Kenneth can prevail on the basis of sex/gender discrimination.
C)Opal and Bonnets can prevail using the BFOQ defense.
D)Opal and Bonnets can prevail using the business necessity defense.

Question 22

Connie Bowen is a lesbian and had been a teacher and basketball coach at Myrtlewood High School for 14 years.Linda,a student,discovered that Coach Bowen was a lesbian and refused to play on the team.Her mother complained to the school's principal and Coach Bowen was not given the coaching job,but retained her teaching position.Coach Bowen

A)has no recourse because Title VII does prohibit discrimination against lesbians and gays.
B)has no recourse because she was not fired.
C)can file a suit based on the Equal Protection Clause of the 14th Amendment because she is a local government employee.
D)file a lawsuit based on the Employment Nondiscrimination Act.

Question 23

Randy,a homosexual male,refuses to award Martin,a heterosexual,a well-deserved raise unless Martin will have sex with him.Martin refuses,and does not receive the raise.Martin brings a claim of sexual harassment against Randy on the grounds that Martin conditioned the raises of the men in his department on the granting of sexual favors,but did not similarly condition the raises of the women in his department:

A)Martin can proceed on a claim under the Defense of Marriage Act.
B)Martin's claim must be dismissed on the ground that raises in compensation are not a condition of employment covered by Title VII.
C)Martin's success will depend on whether he can convince the court that he is not homosexual.
D)Martin can proceed on a claim under Title VII based on sex or gender but not on a claim based on affinity orientation.

Question 24

Parents of highly sought-after female high school basketball players are told that female coaches of competing college teams are lesbians because

A)NCAA rules require the disclosure of the sexual orientation of coaches of women's sports teams
B)some coaches are hoping to block recruiting by rival schools by raising fears based on homophobia
C)a majority of the female college basketball coaches are lesbians.
D)All of the choices are correct.

Question 25

Cassandra is a lesbian,working as a sales clerk in the shoe department of Banks Department Store.Leo,her supervisor,refuses to give her a raise unless she agrees to have sex with him.Cassandra refuses and is denied the raise.She thereafter brings a claim of sex discrimination against Leo.Her claim

A)is not actionable,since homosexuals are not protected against discrimination by Title VII.
B)is actionable,since her affinity orientation makes her more amenable to psychological injury.
C)is actionable,since the gravamen of her complaint is discrimination on the basis of her gender,not on the basis of her affinity orientation.
D)is not actionable.Harassment of a lesbian by a male is regarded,in the eyes of the law,as same-sex harassment,which is generally not a recognized claim.

Question 26

Studies have shown that a gay man is more likely to work

A)in science and engineering than social services.
B)in entertainment and the arts than finance and insurance.
C)in fashion than computers
D)as hair dressers or interior decorators than any other occupations.

Question 27

A person who is transgendered is

A)someone who cross dresses.
B)someone who is intersexed (i.e.,has both male and female reproductive organs,also known as "a hermaphrodite").
C)someone who HYPERLINK "http://en.wikipedia.org/wiki/Gender_identity"" identifies with a physical HYPERLINK "http://en.wikipedia.org/wiki/Sex"" sex different from the one that they were born with
D)All of the choices are correct.

Question 28

Heinrich,a heterosexual man,is the finance director of a large automobile dealership holding company.The company has 1,023 employees,mostly men,but including some females who are primarily in office and sales jobs.Heinrich looks for male homosexual employees in the company that he can blackmail for oral sex.He is careful not to proposition female employees,even if they are homosexual.One of Heinrich's victims decides to complain.The complaining employee

A)can bring a case under Title VII based on gender discrimination because Heinrich does not proposition lesbians.
B)cannot bring a case under Title VII based on gender discrimination because Heinrich does not proposition heterosexual men.
C)can bring a case under Title VII based on gender discrimination because Heinrich propositions men but not women.
D)can bring a case under Title VII based on affinity orientation discrimination because Heinrich does not proposition lesbians.

Question 29

James is a waiter at Buzzy's Deli.He is also studying fashion design at the local technical college.The other waiters ridicule James' chosen field of study and call him a punk,saying,"Real men don't use sewing machines." They pulled his shirt off and laughed at the lack of hair on his chest.This type of verbal and physical abuse takes place on a regular basis.

A)James does not have a claim for discrimination under Title VII.
B)James does have a claim for same-gender discrimination under Title VII.
C)James cannot file a claim for same-gender discrimination because he is still employed by Buzzy's Deli
D)None of the choices are correct.

Question 30

In Romer v.Evans,Colorado's Amendment 2 sought to:

A)encourage the creation of any law that would protect homosexual individuals from employment discrimination on the basis of their homosexuality.
B)extend Title VII to transsexualism.
C)prohibit the creation of any law that would protect homosexual individuals from employment discrimination on the basis of their homosexuality.
D)limit the right to inherit to non-homosexuals.

Question 31

The Employment Nondiscrimination Act (ENDA)which passed the House of Representatives in 2007 would

A)provide employment protections similar to those under Title VII to gay,lesbian,bisexual and transgender employees.
B)provide employment protections similar to those under Title VII to gay,lesbian and,bisexual employees,but not transgender employees.
C)provide that gay,lesbian,bisexual and transgender persons have equal access to housing and civil unions.
D)provide that gay,lesbian,and bisexual persons,but not transgender persons,have equal access to housing and civil unions.

Question 32

Ryan,a homosexual male,was recently appointed as a department head at Better City Electronics.Shortly thereafter,he demotes all of the men in his department to a status one grade lower than they occupied when Ryan was appointed department head.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.

A)Mike's claim gender discrimination will be dismissed because Title VII does not protect same-sex discrimination that does not involve harassment.
B)Mike's claim raises only federal constitutional issues and these are inapplicable to a private employer.
C)Mike must demonstrate that his affinity orientation is different from the orientation of Ryan in order to survive a motion for summary judgment.
D)Mike's claim for non-harassment gender discrimination is cognizable in all federal circuits,because it does not involve affinity orientation harassment.

Question 33

Regarding Title VII protection of transsexuals from employment discrimination:

A)the federal courts have recognized a cause of action based on the argument that the change of gender is a protected trait.
B)the federal courts have not recognized a cause of action based on the argument that the change of gender is a protected trait.
C)only state courts are allowed to apply Title VII to these cases.
D)such claims must be based upon the original gender of the plaintiff.

Question 34

An important purpose of gay and lesbian job fairs is to

A)hold a party that will attract only the most outrageous kings and queens.
B)ensure that gays and lesbians would be able to seek employment opportunities in settings in which they would be comfortable
C)promote match making among homosexuals in order to further the cause of gay marriage.
D)encourage gay men and lesbian women to donate to the sponsors' college scholarship funds.

Question 35

The registration of non-marital relationships between individuals,regardless of the genders of the individuals,is known as a

A)polygamous partnership.
B)domestic orientation.
C)domestic partnership.
D)limited partnership.

Question 36

Cindy is a lesbian and employed by Holt Manufacturing as a welder.She is frequently subjected to verbal abuse by her co-workers who think that welding is a man's job.Cindy is called vulgar names for a woman and is exposed to nude pictures of women on the walls.Cindy's co-workers do not know that Cindy is a lesbian.Cindy complained to her supervisor who told her that she should work on being a "team player." Cindy eventually quit her job.

A)Cindy does not have a claim for discrimination under Title VII because she is a lesbian.
B)Cindy does have a claim for discrimination under Title VII even though she is a lesbian.
C)Cindy does not have a claim for discrimination under Title VII because she quit her job.
D)None of the choices are correct.

Question 37

Paul is being subjected to severe,pervasive and unwelcome sexual behavior in the workplace,by Greg.Can Paul bring a successful suit against Greg,for sexual harassment,under Title VII?

A)Yes,if the harassment can be shown to be based on sex,but not if the harassment is based on affinity orientation.
B)Yes,because bi-sexual harassment is a criminal offense.
C)No,because same-sex harassment is never covered under Title VII.
D)No,since men are not protected against sexual harassment,under Title VII.

Question 38

Charles had a sex change operation and became Charlene,a female.Prior to the operation,he was the nightshift security supervisor at an industrial park.When he reported to work after the operation,he was reassigned to a security guard position on the day shift because the company deemed conditions at the industrial park to be too dangerous for a woman to work the night shift.Charlene filed a claim with the EEOC.

A)Charlene can claim affinity orientation discrimination under Title VII because she could still satisfactorily perform her old job after her operation.
B)Charlene can claim gender discrimination under Title VII because she could still satisfactorily perform her old job after her operation.
C)Charlene can claim gender discrimination under Title VII if the company's real reason for changing her job was disapproval of her operation.
D)None of the choices is correct.

Question 39

In Oncale v.Sundowner Offshore Services,Inc.the Supreme Court

A)stated that Title VII's exclusion of affinity orientation discrimination precluded recognition of a cause of action for same-gender discrimination.
B)stated that a claim for same-gender sexual harassment discrimination could be filed under Title VII.
C)stated that Title VII prohibited discrimination based on the plaintiff's failure to conform to a male stereotype.
D)stated that Title VII did not protect gays and lesbians from discrimination based on gender.

Question 40

A purpose of gay and lesbian support groups in the workplace is to

A)make the workplace less threatening to the work life of gays and lesbians
B)bring their heterosexual co-workers into the gay and lesbian life style.
C)eliminate discrimination against gays and lesbians by alleging affinity discrimination in lawsuits under Title VII.
D)recruit high school sports stars to play for college teams that have gay and lesbian coaches.

Question 41

What protections,if any,does Title VII afford gay and lesbian individuals?

Question 42

Lisa has been in a committed relationship with Selma for 11 years.She brings Selma to a company picnic,where Bob harasses Lisa and Selma because they are lesbians.Lisa and Bob get into a fight.Lisa is terminated.Bob receives a three week suspension.

A)Lisa can bring a case under Title VII based on disparate treatment due to her affinity orientation.
B)Lisa can bring a case under Title VII based on disparate treatment due to her gender.
C)Both of the choices are correct.
D)Neither of the choices is correct.

Question 43

Aprivate-sector employer is permitted to offer domestic partner benefits to unmarried heterosexual couples and unmarried homosexual couples,

A)unless the majority of the community in which the employer is located objects.
B)unless domestic partner benefits would exceed benefits available to married couples.
C)if the company believes that such policies are in its best interests.
D)if a judge orders the company to provide such benefits as a remedy under Title VII.

Question 44

Offering family friendly work-life programs and benefits to single sex couples is

A)not necessary because the gay life style excludes having children.
B)not necessary because most states do not recognize the right of gay people to get married.
C)necessary because gay fathers are as likely to have one stay-at-home partner as heterosexual couples with children.
D)necessary so that one of the partners in all single sex couples can give birth to their children.

Question 45

Gays and lesbians can base employment discrimination claims on the following grounds: (I)Title VII of the Civil Rights Act of 1964
(II)Tort law actions such as intentional infliction of emotional distress,defamation or invasion of privacy
(III)State and local antidiscrimination laws banning discrimination against gays and lesbians.
(IV)The 1st,5th and 14th amendments of the U.S.Constitution.

A)I,II & III
B)II,III,& IV
C)I,III & IV
D)All of the choices are correct.

Question 46

What lesson can be learned from the Court's ruling in Buonanno v.AT&T Broadband,LLC as it relates to implementing policies to promote diversity?

Question 47

The employment rights of lesbian and gay men are protected in every state by

A)the equal protection clause that is found in each state's constitution.
B)the Defense of Marriage Act.
C)a state or local law or executive order.
D)the EEOC guidelines for the administration and enforcement of Title VII.

Question 48

Discuss the current trend of voluntary employer recognition of gay rights as it relates to employee benefits and whether you believe this trend will impact the law.

Question 49

In Jane Doe v.the Boeing Company,the company discharged a transsexual employee who insisted on wearing feminine clothing to work prior to undergoing sex change surgery.The court held that

A)gender dysphoria was not a handicap under state law.
B)Doe was discharged because of her refusal to conform with directives that allowed unisex,but not feminine,attire.
C)Boeing had no duty to provide accommodation to Doe because her gender dysphoria did not impede her ability to perform her engineering duties.
D)All of the choices are correct.

Question 50

Why did the U.S.Court of Appeals for the 9^th Circuit find it necessary to partially overrule DeSantis v.Pacific Telephone & Telegraph Co.,in Nichols v.Azteca Restaurant Enterprises,Inc.?

Question 51

Carlos enjoys wearing women's makeup.One day,he wears mascara and lipstick to work,causing quite a stir in his workplace.He disobeys a direct order from Christine,his employer,to remove the makeup,whereupon he is terminated:

A)Carlos' termination violates Title VII.
B)Carlos' termination violates the U.S.Constitution.
C)Carlos' termination presents no actionable Title VII discrimination.
D)Carlos' termination was required by Title VII,for the protection of other workers in the workplace.

Question 52

The law relating to affinity orientation is evolving and somewhat complex due in part to its exclusion from Title VII protection.What steps should a manager take to ensure that his company avoids potential claims for discrimination based on affinity orientation in light of the laws that do protect homosexuals from discrimination?

Question 53

Wilbur,a software engineer for a Megaweapons,Inc.,major defense contractor,refuses to attend diversity training because it includes a unit on respecting the rights of homosexual,bi-sexual and transgendered employees.Based on his particular religious faith he refuses to go to the diversity training because he cannot accept homosexuality,bi-sexuality and transgenderism,which he considers to be sinful.He says that he will not be disrespectful to his homosexual,bi-sexual and transgendered co-workers and will pray for them.

A)Megaweapons should fire Wilbur because he is an intolerant at-will employee even if his beliefs are based on his religious faith.
B)Meagaweapons cannot fire Wilbur even if he is an intolerant at-will employee because his beliefs are based on his religious faith.
C)Meagaweapons should try to make a reasonable accommodation for Wilbur's religious beliefs before deciding whether to fire him.
D)None of the choices are correct.

Question 54

Although Title VII does not protect against affinity discrimination based on disparate treatment,it protects against affinity discrimination based on disparate impact because

A)discrimination against gays and lesbians disproportionately affects males because of the greater likelihood of an employer discovering males with such orientation.
B)an employer who treats a male employee who prefers males differently from a female who prefers males uses different employment criteria for men and women.
C)heterosexual people find lesbians more acceptable than gay men in the workplace.
D)None of the choices is correct.

Question 55

Describe the avenues of legal protection available to gay and lesbian individuals against employment discrimination on the basis of their affinity orientation.

Question 56

What is the court's rationale in Oncale v.Sundowner Offshore Services,Inc.for extending Title VII protection to same gender sexual harassment?