Deck 3: Title Vii of the Civil Rights Act of 1964

Question 1

An employee may file a lawsuit against his/her former employer even if the EEOC did not find justification for the claim of discrimination.

Answer 1

True

Question 2

Martin Luther King gave the famous "I Have a Dream" Speech on August 28, 1965.

Answer 2

False

Question 3

In Brown v. Topeka Board of Education, the U.S. Supreme Court:

A) for the first time, allowed jury trials in Title VII cases.
B) struck down the separate but equal doctrine.
C) declared affirmative action to be a form of illegal reverse discrimination.
D) for the first time, recognized the business necessity defense.

Answer 3

B

Question 4

Sally Landon is employed by Kent Electronics, Inc. in its London facility. Kent Electronics, Inc. is a U.S. corporation. Sally is not a U.S. citizen. Sally's job was eliminated in a recent reduction in force. She noticed that only women were laid off. She contacted EEOC in Washington,

A) Sally's claim will be investigated by EEOC.
B) Sally's claim cannot be filed with EEOC because the discrimination did not occur in the United States.
C) Sally's claim cannot be filed with EEOC because she is not a U.S. citizen and she does not live in the United States.
D) Sally's claim will be investigated by EEOC, but not all remedies available to U.S. citizens will be available to Sally.
D)C. to file a claim for discrimination.

Question 5

U.S. citizens employed outside the U.S. by foreign employers are protected against workplace discrimination by Title VII.

Question 6

Jim Crow laws were state laws requiring racial desegregation after Brown v. Topeka Board of Education.

Question 7

Title VII does not apply to
I) American employers employing U.S. citizens outside the U.S.
II) Communist organizations
III) Employers employing Native Americans living in or around Native American reservations

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

Question 8

The Civil Rights Act of 1991 overturned the Supreme Court's ruling in Patterson v. McLean Credit Union that limited the application of 42 U.S.C. sec. 1981 to the making of a contract, not the performance of the contract.

Question 9

Title VII prohibits discrimination in

A) hiring
B) hiring and firing
C) hiring, firing, and compensation
D) hiring, firing, training, and compensation

Question 10

The Civil Rights Act of 1964 prohibits discrimination

A) relating to employment, women in sports, and housing.
B) relating to employment only.
C) relating to employment, women in sports, housing, education, and public accommodations.
D) relating to employment, education, and public accommodations.

Question 11

Title VII protections were extended to congressional employees with the Congressional Accountability Act of 1995.

Question 12

Federal employee claims must be filed with the EEOC within 45 days of the discriminatory event.

Question 13

The Pregnancy Discrimination Act of 2007 expanded Title VII's coverage by adding discrimination on the basis of pregnancy as a type of gender discrimination.

Question 14

The Civil Rights Act of 1991

A) added compensatory damages and punitive damages as available remedies.
B) allowed jury trials at the request of either party when compensatory and punitive damages are being sought.
C) A and B
D) None of the choices are correct.

Question 15

Federal employee claims of discrimination are filed through the EEOC.

Question 16

The 1964 Civil Rights Act was passed the year after the historic March on Washington led by the late Rev. Dr. Martin Luther King, Jr.

Question 17

The EEOC received more charges in fiscal year _______ than in any other year in its history.

A) 1965
B) 1976
C) 1998
D) 2010

Question 18

Carol Jones, a U.S. citizen, was employed with MET, Inc. in its London office. Met Inc. is a Delaware corporation with its principle place of business in New York. Ms. Jones was recently laid off, and she believes she was a victim of racial discrimination. Ms. Jones

A) has no recourse because she was not working in the U.S. at the time she was laid off.
B) has no recourse because employment discrimination laws do not apply to lay offs.
C) has the right to file a claim for discrimination against her former employer pursuant to Title VII of the Civil Rights Act of 1964.
D) has the right to file a claim for discrimination against her former employer pursuant to the Civil Rights Act of 1991.

Question 19

Title VII requires courts to give EEOC decisions de novo review.

Question 20

Title VII applies to
I) Employment agencies.
II) Employers engaged in interstate commerce, if they have 15 or more employees for each working day in each of 26 or more calendar weeks in the current or preceding calendar year.
III) Labor organizations of any kind that exist to deal with employers concerning labor issues, engaged in an industry affecting commerce.

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

Question 21

Mandatory Arbitration Agreements wherein the employee agrees to arbitrate all disputes arising out of his/her employment relationship

A) do not interfere with the employee's right to file a claim for discrimination with the EEOC.
B) prevent an employee from pursuing a claim for discrimination with the EEOC.
C) are enforceable except when the employer violates Title VII of the Civil Rights Act.
D) are not enforceable unless authorized by the EEOC.

Question 22

A "706 agency" is a state agency that contracts with EEOC to assist in the investigation of discrimination claims.

A) EEOC can defer a claimant to a 706 agency for 60 days before investigating.
B) EEOC will not review claims deferred to 706 agencies.
C) 706 agencies do not investigate discrimination claims unless filed with EEOC first.
D) None of the choices are correct.

Question 23

With the Lilly Ledbetter Fair Pay Act of 2009, Congress

A) extended the statute of limitations for filing a pay discrimination claim from 180 days to 300 days
B) extended the statute of limitations for filing a gender discrimination claim based on pay from 180 days to 300 days
C) extended the statute of limitations for filing a race discrimination claim based on pay from 180 days to 300 days
D) None of the above.

Question 24

The number of days that a non-federal government employee has to file a timely claim with the EEOC, under Title VII of the Civil Rights Act, is

A) 45 days.
B) 120 days.
C) 300 days
D) 180 days.

Question 25

The Barbers are African Americans. They applied for membership at their local health club. They were denied membership. They discover that the health club has a history of rejecting membership applications of African Americans. They may bring a claim:

A) under Title VII
B) under 42 U.S.C. sec. 1981
C) under 42 U.S.C. sec. 1983
D) A and B

Question 26

______________, known as the Ku Klux Klan Act, addresses conspiracies to interfere with or deprive others of their civil rights.

A) 42 U.S.C. sec. 1981
B) 42 U.S.C. sec. 1983
C) 42 U.S.C. sec. 1985
D) None of the above.

Question 27

Claims for discrimination filed with a 706 agency must be filed within ____ days of the incident giving rise to the claim.

A) 45
B) 180
C) 300
D) None of the choices are correct.

Question 28

Jay Foster was employed as an auto mechanic with Madison & Sons Auto Shop. Mr. Madison employed 30 mechanics in each of his facilities in Denver, Colorado. Jay was the only African American mechanic and he had been employed by Mr. Madison for approximately 9 years. He had applied for a promotion to chief mechanic on 4 separate occasions and each time, the promotion had been given to a white male with less seniority and less experience. After being denied the promotion for the 5^th time, Jay filed a claim with EEOC. Jay's employment was terminated after the EEOC contacted Mr. Madison concerning the claim.

A) The only claim that can be asserted against Mr. Madison is discrimination based on race.
B) Mr. Madison can only be found to be liable for violation of the anti-retaliation provisions of the Civil Rights Act of 1964.
C) Mr. Madison may be found liable for violation of the prohibitions against discrimination and the anti-retaliation provisions in the Civil Rights Act of 1964.
D) None of the choices are correct.

Question 29

Elijah Murphy studied voice, opera, and Jewish liturgical music at the Southern Baptist Theological Seminary. After he graduated, he applied for a job as a cantor (i.e., professional singer who leads prayer services) at the Nashville Downtown Synagogue. The synagogue responded that he was not qualified for the position and refused to consider him for the job because he is not Jewish.

A) Elijah has a prima facie case of disparate treatment discrimination against the synagogue and the synagogue has no defense.
B) Elijah has a prima facie case of discrimination against the synagogue and the synagogue can successfully assert the ministerial exception to Title VII.
C) Elijah does not have a prima facie case of discrimination, so it doesn't matter whether the synagogue can assert a defense.
D) Elijah has a prima facie case of discrimination against the synagogue and the synagogue can successfully assert the business necessity defense.

Question 30

The EEOC has investigated Chen's complaint of discrimination under Title VII against his employer and sent him a notice that it determined that there was no reasonable cause for his complaint.

A) Chen has 180 days after he receives his "right-to-sue" letter from the EEOC to bring the same complaint to his state's 706 agency and try to get a better result.
B) Chen has 180 days after he receives his "right-to-sue" letter from the EEOC to sue his employer in federal court.
C) Chen has 90 days after he receives his "right-to-sue" letter from the EEOC to sue his employer in federal court.
D) Chen has 90 days after he receives his "right-to-sue" letter from the EEOC to bring the same complaint to his state's 706 agency and try to get a better result.

Question 31

Agnes wishes to bring a race-based discrimination suit against her employer under 42 U.S.C. 1981. In order to process her case she must take the following actions.

A) File her claim with the EEOC (or a 706 agency) within 180 days.
B) Exhaust her administrative remedies at the EEOC before bringing the suit in federal court.
C) Receive a right-to-sue letter from the EEOC.
D) None of the choices is correct

Question 32

Courts are closed to Title VII claimants if

A) they have signed mandatory arbitration agreements with their employers
B) they are referred to mediation by the EEOC
C) they file their claims with a 706 agency
D) All of the above.

Question 33

In fiscal year 2010, __________ claims represented the largest percentage of claims filed under Title VII.

A) race discrimination
B) gender discrimination
C) national origin discrimination
D) retaliation

Question 34

Undocumented workers are

A) not protected by Title VII of the Civil Rights Act.
B) protected by Title VII of the Civil Rights Act and afforded all the same remedies as any other worker.
C) protected by Title VII of the Civil Rights but are not eligible for reinstatement, back pay for periods after discharge or failure to hire.
D) None of the choices are correct.

Question 35

If the parties elect mediation, but mediation is not successful:

A) the EEOC issues a right-to-sue letter to the claimant
B) the EEOC investigates the claim
C) the EEOC sends the matter to court for de novo review
D) None of the above.

Question 36

Hilary James owns and operates a Bed & Breakfast Inn near the Lumbee Indian reservation. Ms. James gives a preference to Lumbee Indians when hiring for positions at the Bed & Breakfast. Ms. James' hiring practices

A) violate Title VII of the Civil Rights Act.
B) do not violate Title VII because she is exempt from compliance with Title VII of the Civil Rights Act.
C) do not violate Title VII because she is just exercising a preference; it is not a written policy.
D) None of the choices are correct.

Question 37

"Black codes"

A) were enacted by Southern states after the Civil War to replace "slave codes" in enforcing white superiority.
B) enable black employees in the workplace to communicate using terms that are only understood by black people.
C) were finally prohibited by the Civil Rights Act of 1991.
D) were a subtle form of discrimination in Northern states while segregation was practiced in the South.

Question 38

A person who brings a claim of employment discrimination under 42 U.S.C. section 1981 must show that

A) there was a conspiracy to cause discrimination by other persons at the workplace.
B) that the person who discriminated was acting under color of state law.
C) that the discrimination occurred in connection with an employment contract.
D) that the discrimination was based on a disparate impact.

Question 39

After EEOC completes its investigation,

A) upon a finding of no reasonable cause, it can give the employee a right-to-sue letter.
B) if the claim is not disposed of by conciliation, the EEOC can take the matter further and file suit against the employer in federal district court.
C) upon a finding of reasonable cause to charge the employer with discrimination, it will attempt to bring the parties together for resolution by conciliation.
D) All of the choices are correct.

Question 40

Nemo Gill was hired by the Spectacular Tropical Aquarium and agreed to submit any disputes arising out of his employment to binding arbitration. Nemo was fired when he became a "Rastafarian" and urged his co-workers to become vegetarians and smoke ganja. Without waiting for the results of the arbitration, Nemo filed a complaint alleging religious discrimination with the EEOC. The EEOC quickly filed a lawsuit on his behalf. Spectacular moved to have the EEOC's lawsuit dismissed on the grounds that Nemo signed a valid arbitration agreement.

A) The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo signed the mandatory arbitration agreement.
B) The EEOC can bring a lawsuit enforcement action against Spectacular despite Nemo's agreeing to arbitration.
C) The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo did not wait for the results of the arbitration.
D) The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo's urging his co-workers to smoke ganja and become vegetarians had nothing to do with his job.

Question 41

Marion Zhu is a social worker with the Middle Sierra School District. Her race is Asian. She is denied a promotion at work although she had the highest score on the social workers promotion examination. A white social worker and a black social worker who had lower scores on the exam were promoted. The School District's Human Resources Department declines to hear her appeal. Marion is convinced that she was not promoted because she is Asian. Marion can bring a claim of discrimination based on

A) Title VII of the Civil Rights Act of 1964.
B) 42 U.S.C. section 1983.
C) The Fourteenth amendment to the U.S. Constitution.
D) All of the choices are correct.

Question 42

________________ was used against the police officers who were videotaped during the arrest of Rodney King in Los Angeles in 1991.

A) Title VII.
B) 42 U.S.C. sec. 1981.
C) 42 U.S.C. sec. 1983.
D) 42 U.S.C. sec. 1985.

Question 43

St. Joseph's Day School is a private Catholic elementary school. It employs 43 people. Paula is a fourth grade teacher at the school. She is unmarried. When she announces to her supervisor that she is pregnant, she is fired the next day. Paula files a claim with the EEOC. What result and why?

Question 44

42 U.S.C. sec. 1985 is:

A) enforced only by the EEOC.
B) enforced only by the OFCCP.
C) enforced entirely by private right of action.
D) repealed by the Civil Rights Act of 1991.

Question 45

The term 'under color of state law' refers to:

A) laws enacted to protect the "Rainbow Coalition."
B) any discrimination complaint that is brought outside the provisions of Title VII.
C) state Jim Crow laws.
D) an action taken by a person acting on behalf of a state or local government that deprives someone else of their civil rights.

Question 46

Joe's Bakery advertised in the local newspaper for an assistant baker. Muhammad, a recent honors graduate of the Culinary School of America, applied for the position and was told that the position had been filled, although the position remained open. Muhammad is of Middle-Eastern descent and practices the Muslim faith. The following day and for nine consecutive days, Muhammad saw the ad in the paper again. Joe's Bakery employs 7 people, including Joe. Do the facts satisfy the requirements for a prima facie case? If so, can Muhammad pursue a claim for discrimination against Joe's Bakery?

Question 47

In Ali v. Mount Sinai Hospital, the federal court:

A) granted summary judgment for the claimant because the hospital enforced its dress code in a discriminatory manner.
B) granted summary judgment for the hospital because the claimant failed to show evidence that the hospital enforced its dress code in a discriminatory manner.
C) denied claimant's motion for summary judgment.
D) denied the hospital's motion for summary judgment.

Question 48

42 U.S.C. sec. 1981

A) makes it illegal to discriminate against blacks on the basis of race in making and enforcing contracts.
B) makes it illegal to deny civil rights on the basis of color by someone acting as if they were acting on behalf of the government.
C) prohibits joint activity to deny someone their rights based on race.
D) All of the choices are correct.

Question 49

Samantha Bradshaw signed an employment contract with Soaks in the City to work as a hot tub sales clerk. The agreement included an arbitration agreement. After Samantha was denied a promotion she filed a charge of discrimination with the EEOC. The manager of Soaks told Samantha that her employment contract requires her to use arbitration to pursue her case instead of going to the EEOC.

A) Samantha cannot pursue her claim of discrimination at the EEOC because she signed a contract agreeing to arbitration.
B) The EEOC can take Samantha's case to court because it was not a party to the employment agreement.
C) The EEOC can represent Samantha in the arbitration of her case because it is the official government agency for resolving complaints of discrimination.
D) If the arbitration hearing is held and a decision is issued before the EEOC takes action it will be the final result for Samantha's claim.

Question 50

List the steps in the process used to file a claim for discrimination within the EEOC.

Question 51

Sylvester Goldman, a black man, enters an employment contract with Beltway Analysts and Advisors, for a term of three years. Shortly after beginning work, it is made clear to Sylvester by some of his white colleagues that he is not welcome. The lock on his office is broken, his telephone voicemail is sabotaged, and his email is corrupted by a virus. These activities make it nearly impossible for Sylvester to do his work. Sylvester's contract is terminated for poor performance. Sylvester has viable race discrimination causes of action against his employer under:

A) either Title VII or 42 U.S.C. sec. 1981 but not both.
B) 42 U.S.C. sec. 1983.
C) both Title VII and 42 U.S.C. sec. 1981.
D) the ruling in Patterson v. McLean Credit Union

Question 52

Discuss the similarities and the differences between Title VII of the Civil Rights Act of 1964 with 42 U.S.C. sec. 1981.