Deck 10: Affinity Orientation Discrimination

Question 1

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.

Answer 1

B

Question 2

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

Answer 2

False

Question 3

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

Answer 3

True

Question 4

A dress code which prohibits men from wearing makeup in the workplace does not violate Title VII.

Question 5

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 6

Gender identity means having an affinity for the same gender.

Question 7

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 8

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 9

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

Question 10

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 11

Polar Industries has a zero tolerance policy for discrimination and harassment based on race, color, gender, national origin, religion and sexual orientation. The policy also states that employees will treat each other with respect without regard to race, color, gender, national origin, religion and sexual orientation. Estelle works for Polar and her supervisor puts her on a project team with four other coworkers, including Marty, an openly gay coworker. Estelle is a devout Southern Baptist and she believes that homosexuality is immoral. She refuses to communicate with Marty or work with him. She refuses to participate in meetings when he is in attendance. She believes that acknowledging Marty in any way would be accepting homosexuality, which goes against her religion. As a result, her team is having difficulty completing its project because of Estelle's issues. Polar should

A) move Estelle to a department with no gay employees.
B) do nothing because Estelle has the right to refuse to work with coworkers based on her religion.
C) fire Estelle unless she follows Polar's policy and cooperates with her team.
D) revoke its zero tolerance policy.

Question 12

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 a 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 13

Sexual orientation refers to how an individual identifies with gender.

Question 14

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 15

An employer violates Title VII if it discriminates against men based on effeminacy, but doesn't discriminate against women based on masculinity.

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

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 18

The Employment Nondiscrimination Act (ENDA):

A) if enacted, would extend Title VII's coverage to include discrimination based on affinity orientation.
B) if enacted, would extend Title VII's coverage to include discrimination based on gender identity.
C) was enacted in 2010.
D) None of the choices is correct.

Question 19

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

Question 20

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

A) had not significantly increased litigation.
B) had increased litigation by ten percent.
C) had doubled litigation.
D) had decreased litigation.

Question 21

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 22

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 23

Toby has told his supervisor that he will be going through gender reassignment surgery and will live and dress as a woman for the next year. His supervisor calls Toby deviant and fires him.

A) Toby's termination violates Title VII, if the discharge was based on his gender reassignment.
B) Toby's termination does not violate Title VII, if it was based on his gender reassignment.
C) Toby's termination does not violate state law, if his state has a gender identity statute.
D) Toby's termination does not violate Title VII, if it was based on his gender reassignment, however, Toby's termination does violate state law, if his state has a gender identity statute.

Question 24

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 25

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 26

Sofia is a lesbian. She is an employee in the sales department of Northern Motors. Her supervisor constantly tells her that she should dress more femininely, wear make-up, and "put on some charm". Northern Motors undergoes downsizing and Sofia's supervisor selects Sofia for a layoff. Sofia files a claim with EEOC. Her claim is:
I) actionable because affinity orientation is protected under Title VII.
II) actionable because gender stereotyping is unlawful under Title VII.
III) actionable because her state has a law prohibiting discrimination based on affinity orientation.

A) I
B) I and II
C) II and III
D) I, II and III

Question 27

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 28

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 29

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 30

Calvert, Inc. terminates Xiao, an Asian male and a homosexual. Xiao believes that his termination was unlawful.

A) Xiao may have a claim for discrimination under Title VII because he is Asian and gay.
B) Xiao may have a claim for discrimination under Title VII because he is Asian.
C) Xiao may have a claim for discrimination under Title VII because he is gay.
D) None of these choices is correct.

Question 31

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 32

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

A) Marin does not have a claim for discrimination under Title VII because she is a lesbian.
B) Marin does not have a claim for discrimination under Title VII because she quit.
C) Marin does have a claim for discrimination under Title VII because she is a woman.
D) None of the choices is correct.

Question 33

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 34

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 35

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 36

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 14^th Amendment because she is a local government employee.
D) file a lawsuit based on the Employment Nondiscrimination Act.

Question 37

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 38

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 39

Research shows that gay couples raising children are more likely to reside in:

A) California.
B) New York.
C) Nevada.
D) Mississippi.

Question 40

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 identifies with a physical sex different from the one that they were born with.
D) All of the choices are correct.

Question 41

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 1^st, 5^th and 14^th 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 42

What would be the outcome if the court in Jane Doe v. Boeing Company decided the case today?

Question 43

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 44

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 45

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 46

Wilbur, a software engineer for Megaweapons, Inc., a 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) Megaweapons cannot fire Wilbur even if he is an intolerant at-will employee because his beliefs are based on his religious faith.
C) Megaweapons 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 47

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 48

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 49

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

Question 50

A private-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 51

Ezra works for the Hartford Police Department. His claim for affinity orientation discrimination could be based on

A) the Supreme Court's decision in Ricci v. DeStefano.
B) the Supreme Court's decision in Phillips v. Martin-Marietta Corp.
C) the Equal Protection clause of the 14^th Amendment.
D) All of the choices are correct.

Question 52

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