Deck 10: Sexual Orientation and Gender Identity Discrimination

Question 1

One purpose of gay and lesbian support groups in workplaces is to:

A) make workplaces less threatening to the worklife of LGBT employees.
B) promote homosexuality among heterosexual employees.
C) increase discrimination claims under Title VII of the Civil Rights Act of 1964.
D) reduce the number of homosexual employees in workplaces.

Answer 1

A
Explanation:Support groups tackle issues such as workplace hostility, extending employee benefits to domestic partners, making sure that partners are welcome at company social functions, and generally making workplaces less threatening to the worklife and workplace progress of lesbian, gay, bisexual, and transgender (LGBT) employees and thus more productive for employees and, ultimately, employers.

Question 2

An employer violates Title VII of the Civil Rights Act of 1964 if he or she discriminates against men based on effeminacy but does not discriminate against women based on masculinity.

Answer 2

True
Explanation:For years, male employees tried to argue that their effeminacy should not be a basis on which employers can refuse to hire them or can terminate them from their jobs. Title VII of the Civil Rights Act of 1964 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 3

Lara is a lesbian.She is subjected to verbal abuse at work because of her sexual orientation.The harassment includes calling her a "dyke" and introducing her to new employees as "the resident lesbian." Lara has spoken to her supervisor,and nothing has changed.Lara has a cause of action under Title VII of the Civil Rights Act of 1964.

Answer 3

False
Explanation:Lara does not have a cause of action under Title VII of the Civil Rights Act of 1964. In the Oncale v. Sundowner Offshore Services, Inc. case, the U.S. Supreme Court preserved Title VII's (of the Civil Rights Act of 1964) exclusion of discrimination on the basis of sexual orientation by holding that the sexual harassment of an employee by someone of the same gender is prohibited unless it can be shown that it was actually based on sexual orientation.

Question 4

After an employee undergoes gender reassignment surgery,the safest thing for an employer is to treat the employee consistently with the way the employee presents his or her identity.

Question 5

Gender identity statutes are laws:

A) preventing same-sex marriages.
B) protecting employers in gender discrimination claims.
C) prohibiting gender reassignment surgery.
D) providing protection for transgenders.

Question 6

Sexual harassment of an employee by someone of the same gender is prohibited under Title VII of the Civil Rights Act of 1964 unless it can be shown that the discrimination was based on sexual orientation.

Question 7

Gay Pride Month commemorates the beginning of the modern gay rights movement in:

A) 1993 when President Clinton implemented the military's "Don't Ask, Don't Tell" policy.
B) 1969 when riots occurred in New York after police officers raided 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 8

Sofia is a homosexual.She works in the sales department of True Ace Motors,a Delaware-based firm.Her supervisor constantly tells her that she should dress more femininely,wear makeup,and adopt ladylike behavior.After several failed attempts to change Sofia's behavior,True Ace Motors terminates her.Sofia files a discrimination claim with the Equal Employment Opportunity Commission (EEOC).In this scenario,Sofia's claim is:

A) actionable because discrimination based on sexual orientation is prohibited under Title VII of the Civil Rights Act of 1964.
B) actionable because gender stereotyping results in gender discrimination, which is unlawful under Title VII of the Civil Rights Act of 1964.
C) not valid because the state laws in Delaware do not prohibit discrimination based on sexual orientation or gender identity.
D) not valid because she is an at-will employee, and she can be terminated without a reasonable cause.

Question 9

Polar Plus Industries has a zero tolerance policy on discrimination and harassment based on race,color,gender,national origin,religion,or sexual orientation.The policy states that employees need to treat each other with respect.Estelle,a Polar Plus employee,is assigned a project with four other co-workers,including Marty,an openly gay man.Estelle believes that homosexuality is immoral and acknowledging Marty in any way would be like accepting homosexuality,which goes against her religion.Thus,she refuses to communicate or work with Marty.As a result,her team has difficulty completing its project.In this scenario,:

A) Polar Plus Industries is required under Title VII of the Civil Rights Act of 1964 to move Marty to a department where there are other gay employees.
B) Estelle has violated Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sexual orientation.
C) Estelle has no right to treat her co-worker in ways that discriminate and expose her employer to liability.
D) Polar Plus Industries needs to revoke its zero tolerance policy on discrimination and harassment based on race, color, gender, national origin, religion, or sexual orientation.

Question 10

Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees for changing their gender.

Question 11

Research shows that in states with laws prohibiting discrimination against gays and lesbians,the laws had:

A) not generated a significant amount of litigation.
B) increased the number of discrimination claims by 20 percent.
C) not been effective in reducing discrimination based on sexual orientation.
D) decreased the number of homosexuals hired by employers.

Question 12

An employer could be liable for discrimination based on sexual orientation under Title VII of the Civil Rights Act of 1964 if he or she knowingly hired lesbians but refused to hire gay men.

Question 13

The Equal Employment Opportunity Commission (EEOC)has included gender identity as a part of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964.

Question 14

The term transgender includes those who may not yet have undergone gender reassignment surgery but are living as the opposite gender.

Question 15

Gender identity means having an affinity for the same gender.

Question 16

A dress code that prohibits men from wearing makeup in the workplace violates Title VII of the Civil Rights Act of 1964.

Question 17

How will the Employment Nondiscrimination Act (ENDA)affect Title VII of the Civil Rights Act of 1964 if enacted?

A) It will extend Title VII's coverage to include discrimination on the basis of sexual orientation and gender identity.
B) It will make gender reassignment surgery illegal under Title VII.
C) It will omit same-gender sexual harassment from Title VII's protection.
D) It will provide employers with greater flexibility in making workplace policies and decisions related to lesbian, gay, bisexual, and transgender (LGBT) employees.

Question 18

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

Question 19

There is no federal legislation protecting gays and lesbians from employment discrimination.However,:

A) employers need to be aware that Title VII of the Civil Rights Act prohibits same-gender sexual harassment based on sexual orientation.
B) employers need to be aware of state and local ordinances that prohibit job discrimination against homosexuals.
C) they can use the bona fide occupational qualification defense to make a discrimination claim.
D) they cannot be prevented by employers from wearing clothing, jewelry, or makeup of their choice.

Question 20

The Defense of Marriage Act (DOMA)defined marriage as between any two individuals,regardless of their gender identities or sexual orientations,for federal purposes.

Question 21

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?

A) Paul does not have a valid cause of action under Title VII of the Civil Rights Act of 1964 because he was not physically harassed by his co-workers.
B) Paul has a valid claim under Title VII of the Civil Rights Act of 1964 for discrimination based on sexual orientation.
C) Paul does not have a valid cause of action under Title VII of the Civil Rights Act of 1964 because the act does not cover private employers.
D) Paul has a valid claim under Title VII of the Civil Rights Act of 1964 because it prohibits same-gender sexual harassment.

Question 22

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:

A) results in a disparate impact on heterosexuals.
B) is based on race or religion.
C) is taken because an employee failed to perform at his or her job.
D) results in undue hardship for employers.

Question 23

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?

A) Yes he can because Title VII prohibits same-gender sexual harassment.
B) Yes he can if the harassment is based on sexual orientation.
C) No he cannot if Greg uses the bona fide occupational qualification defense.
D) No he cannot because men are not protected against sexual harassment under Title VII.

Question 24

A person is considered a transgender:

A) only when the person has emotional and sexual attractions toward both sexes at the same time.
B) if the person has an affinity for the same gender but does not feel that his or her body and mind are at odds.
C) if the person feels that his or her physical gender does not match his or her emotional or psychological gender.
D) only if the person has undergone a gender or sexual reassignment surgery.

Question 25

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:

A) does not have a claim for sexual harassment under Title VII of the Civil Rights Act of 1964 because the harassment was not based on sexual orientation.
B) has a claim for same-gender sexual harassment under Title VII of the Civil Rights Act of 1964.
C) has a claim for reverse discrimination under Title VII of the Civil Rights Act of 1964.
D) does not have a claim for discrimination under Title VII of the Civil Rights Act of 1964 because it involved harassment from the same gender.

Question 26

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?

A) Lina has a discrimination claim under Title VII of the Civil Rights Act of 1964 because she is a lesbian.
B) Lina does not have a discrimination claim under Title VII of the Civil Rights Act of 1964 because she voluntarily quit her job.
C) Lina has a discrimination claim under Title VII of the Civil Rights Act of 1964 because she was subjected to sexual harassment.
D) Lina does not have a discrimination claim under Title VII of the Civil Rights Act of 1964 because of the bona fide occupational qualification defense.

Question 27

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?

A) Kenneth may have a claim on the grounds of discrimination based on sexual orientation.
B) Kenneth may have a claim on the basis of sex or gender discrimination.
C) Kenneth has no claim because Title VII covers only federal employees.
D) Kenneth has no claim because homosexuals are a protected category under Title VII.

Question 28

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

A) unlike sexual orientation, gender identity was given protection under Title VII of the Civil Rights Act of 1964 through an Equal Employment Opportunity Commission decision.
B) sexual orientation can be corrected through gender reassignment surgery, whereas problems related to gender identity cannot be corrected through surgery.
C) unlike gender identity, sexual orientation involves individuals who feel that their body and mind are at odds.
D) employers have greater flexibility in making workplace policies and decisions related to transgenders than they do in making workplace policies and decisions related to homosexuals.

Question 29

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

A) extended Title VII's (of the Civil Rights Act of 1964) reach to include employment discrimination on the basis of sexual orientation and gender identity.
B) stated that a claim for same-gender sexual harassment discrimination could be filed under Title VII of the Civil Rights Act of 1964 as long as it was not based on the harassee's sexual orientation.
C) decided that gender reassignment surgery was illegal under Title VII of the Civil Rights Act of 1964.
D) claimed that employers were not allowed to prevent lesbian, gay, bisexual, and transgender (LGBT) employees from wearing clothing, jewelry, or makeup of their choice.

Question 30

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:

A) violates Title VII of the Civil Rights Act of 1964.
B) violates the Fourth Amendment of the U.S. Constitution.
C) is not actionable under Title VII of the Civil Rights Act of 1964.
D) is not legitimate under the Equal Protection Clause of the U.S. Constitution.

Question 31

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:

A) has a valid cause of action because Title VII prohibits employment discrimination based on sexual orientation.
B) has no recourse because she was not fired from her job as an administrative coordinator.
C) can file a suit based on the Equal Protection Clause of the U.S. Constitution because she is a local government employee.
D) can file a reverse discrimination claim under Title VII of the Civil Rights Act of 1964.

Question 32

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:

A) the Supreme Court's decision in Ricci v. DeStefano.
B) Article 2 of the Uniform Commercial Code.
C) the Equal Protection Clause of the U.S. Constitution.
D) provisions under Title VII of the Civil Rights Act of 1964.

Question 33

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?

A) Charlene can claim discrimination under Title VII of the Civil Rights Act of 1964 using the bona fide occupational qualification defense.
B) Charlene can claim gender discrimination under Title VII of the Civil Rights Act of 1964 because it includes gender identity as part of gender discrimination.
C) Charlene's claim will be invalid because gender reassignment surgery is prohibited under Title VII of the Civil Rights Act of 1964.
D) Charlene's claim will be invalid because only discrimination based on sexual orientation is covered under Title VII of the Civil Rights Act of 1964.

Question 34

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:

A) he was discriminated solely based on his sexual orientation.
B) he and his partner are married per the Defense of Marriage Act.
C) his employer did not terminate homosexual employees from other races.
D) his employer treated heterosexuals differently.

Question 35

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?

A) Oman may have a claim for relief under Title VII of the Civil Rights Act of 1964 because he is homosexual.
B) Oman may have a claim for relief under Title VII of the Civil Rights Act of 1964 because of his Middle-Eastern ethnicity.
C) Oman will have a claim for relief under Title VII of the Civil Rights Act of 1964 even if it can be shown that his performance at work was poor.
D) Oman will have a claim for relief under Title VII of the Civil Rights Act of 1964 because of the business necessity defense.

Question 36

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:

A) gender discrimination claim under Title VII of the Civil Rights Act of 1964 because he was terminated on the grounds of his sexual orientation.
B) discrimination claim under Title VII of the Civil Rights Act of 1964 if he can show that heterosexuals discussed their sex life at work and were not terminated.
C) 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.
D) discrimination claim under Title VII of the Civil Rights Act of 1964 based on the bona fide occupational qualification defense.

Question 37

Same-gender sexual harassment is:

A) excluded from Title VII of the Civil Rights Act of 1964.
B) permitted under Title VII of the Civil Rights Act of 1964.
C) prohibited under Title VII of the Civil Rights Act of 1964.
D) covered under Title VII of the Civil Rights Act of 1964 only if it is based on sexual orientation.

Question 38

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?

A) Martin can proceed with a claim under the Defense of Marriage Act (DOMA).
B) Martin's claim will be dismissed on the grounds that promotion at work is not an employment condition covered under Title VII of the Civil Rights Act of 1964.
C) Martin's success will solely depend on whether he can convince the court that he is not homosexual.
D) 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.

Question 39

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?

A) Toby's termination violates Title VII of the Civil Rights Act of 1964 if the discharge was based on gender identity.
B) Toby's termination violates Title VII of the Civil Rights Act of 1964 only if he was harassed based on his sexual orientation.
C) Toby's termination does not violate any state law if his state has a gender identity statute.
D) Toby's termination does not violate any federal law if the discharge was based on gender discrimination.

Question 40

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?

A) Mike's claim will be dismissed because Title VII of the Civil Rights Act of 1964 does not protect against same-gender sexual harassment.
B) Mike's claim is inapplicable because Yellow City Electronics is a private employer.
C) Mike must demonstrate that his sexual orientation is different from the orientation of Ryan in order to survive a motion for summary judgment.
D) Mike's claim is valid under Title VII of the Civil Rights Act of 1964 because it is not related to discrimination or harassment based on sexual orientation.

Question 41

Which of the following is true of domestic partners?

A) Only for lesbian, gay, bisexual, and transgender employees, employers do not have to include their domestic partners in their health insurance coverage.
B) Only legally married same-sex couples can be registered as domestic partners.
C) To claim employment benefits, domestic partners generally must be able to prove that for a specified length of time, they have lived together and given mutual aid and support.
D) Domestic partners need to prove that they have undergone gender reassignment surgery to claim protection under their state's laws.

Question 42

Discuss what gender identity is and how it came to be protected under Title VII of the Civil Rights Act of 1964.

Question 43

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

A) not necessary because homosexuality excludes having children.
B) not necessary because most states do not recognize same-sex marriages.
C) necessary because gay fathers are as likely to have one stay-at-home partner as heterosexual couples with children.
D) necessary because research shows that gay parents lack the parenting skills heterosexual couples have.

Question 44

An important purpose of gay and lesbian job fairs is to:

A) isolate gay and lesbian employees from heterosexual employees.
B) ensure that gays and lesbians would be able to seek employment opportunities in settings in which they would be comfortable.
C) promote matchmaking among homosexuals in order to further the cause of same-sex marriages.
D) promote homosexuality among heterosexual employees.

Question 45

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

Question 46

What protections,if any,does Title VII of the Civil Rights Act of 1964 afford gay and lesbian individuals?

Question 47

The law relating to sexual orientation is evolving and somewhat complex due in part to its exclusion from Title VII (of the Civil Rights Act of 1964)protection.What steps should a manager take to ensure that his or her company avoids potential discrimination claims based on sexual orientation in light of the laws that do protect homosexuals from discrimination?

Question 48

Discuss some of the benefits that can be provided to lesbian,gay,bisexual,and transgender (LGBT)employees in the workplace.

Question 49

Employers have some flexibility in making workplace policies and decisions related to gay and lesbian employees because:

A) the Equal Employment Opportunity Commission (EEOC) isolates gender identity from gender discrimination.
B) sexual orientation does not fall under the jurisdiction of state laws.
C) the Equal Protection Clause of the U.S. Constitution is limited to married, heterosexual couples.
D) sexual orientation is not a protected category under Title VII of the Civil Rights Act of 1964.

Question 50

A private-sector employer is permitted to offer domestic partner benefits to unmarried heterosexual couples and homosexual couples:

A) because such benefits are mandatory under Title VII of the Civil Rights Act of 1964.
B) only if it can be shown that the other employees have no problems with the employer providing such benefits.
C) if the employer wishes to harvest the benefits of a diverse workplace.
D) only if the Supreme Court orders the employer to provide such benefits as part of an affirmative action plan.