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

Question 1

For employers,passage of Title VII of the Civil Rights Act of 1964 meant that virtually any employment decision could be challenged by an employee or applicant who falls within the Title VII categories.

Answer 1

True
Explanation: Title VII prohibits discrimination in hiring, firing, training, promotion, discipline, or other workplace decisions on the basis of an employee or applicant's race, color, gender, national origin, or religion. Included in the prohibitions are discrimination in pay, terms and conditions of employment, training, layoffs, and benefits. Virtually any workplace decision can be challenged by an applicant or employee who falls within the Title VII categories.

Question 2

If an employee is not satisfied with the conclusion of the Equal Employment Opportunity Commission (EEOC)that Title VII has not been violated (a no-reasonable-cause finding),he may take the matter to a federal district court.

Answer 2

True
Explanation: After investigation, if the EEOC finds there is no reasonable cause for the employee's discrimination complaint, the employee is given a dismissal and notice of rights, often known as a right-to-sue letter. If the employee wants to pursue the matter further despite the EEOC's conclusion that Title VII has not been violated, the employee is now free to do so, having exhausted the administrative remedies of the EEOC. The employee can then bring suit against the employer in federal court within 90 days of receiving the notice.

Question 3

Undocumented workers are not protected by Title VII of the Civil Rights Act of 1964.

Answer 3

False
Explanation: Undocumented workers also are covered by Title VII of the Civil Rights Act of 1964, but after the U.S. Supreme Court's 2002 ruling in Hoffman Plastic Compounds, Inc. v. NLRB, the EEOC reexamined its position on remedies for undocumented workers. The EEOC said that employment discrimination against undocumented workers is illegal, and they will not ask employees their status in handling their discrimination claims, but Hoffman affected the availability of some forms of relief, such as reinstatement and back pay for periods after discharge or failure to hire.

Question 4

The moving force for enactment of Title VII of the Civil Rights Act of 1964 was:

A) Religious discrimination.
B) Gender discrimination.
C) Racial discrimination.
D) Discrimination based on education.

Question 5

U.S.citizens employed outside the United States by foreign employers are protected against workplace discrimination by Title VII of the Civil Rights Act of 1964.

Question 6

With the passage of Title VII of the Civil Rights Act of 1964,the Reconstruction Civil Rights Acts were no longer available as a means to pursue a claim of discrimination based on race.

Question 7

The deadline for a non-federal employee to file a claim under Title VII of the Civil Rights Act of 1964 is 36 months after the discriminatory event.

Question 8

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

A) passed a law to establish the Equal Employment Opportunity Commission (EEOC).
B) struck down the doctrine of separate but equal educational facilities.
C) declared affirmative action to be a form of illegal reverse discrimination.
D) for the first time recognized the business necessity defense.

Question 9

If the parties involved in a workplace discrimination case reach an agreement through mediation,that agreement is as binding as any other settlement agreement.

Question 10

Catherine,a U.S.citizen,was employed with Blue Mica Inc.in its London office.Blue Mica Inc.is a Delaware-based corporation with its principle place of business in New York.Catherine was recently laid off,and she believes she was a victim of gender discrimination.In this scenario,Catherine:

A) has no recourse because she was not working in the United States when she was laid off.
B) has no recourse because employment discrimination laws do not apply to layoffs.
C) has the right to file a discrimination claim against her former employer pursuant to Title VII of the Civil Rights Act of 1964.
D) has the right to file a discrimination claim against her former employer pursuant to the Rehabilitation Act of 1973.

Question 11

If an employee files a lawsuit against their employer after exhausting their administrative remedies,the case is handled by the court as if there had not already been a finding by the EEOC.

Question 12

Title VII of the Civil Rights Act of 1964 applies to all of the following except:

A) private employers employing less than 15 employees.
B) federal, state and local government employees.
C) employees of religious institutions, associations, or corporations hired to perform work connected with carrying on religious activities.
D) employment agencies and other similar hiring entities making referrals for employment.

Question 13

If the Equal Employment Opportunity Commission (EEOC)concludes that a workplace discrimination claim does not violate Title VII of the Civil Rights Act of 1964,the employee has no right to pursue the matter further in any court.

Question 14

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

Question 15

The EEOC cannot pursue an employer's violations of Title VII unless an employee files a claim.

Question 16

The Civil Rights Act of 1964 prohibits:

A) industrialized nations from forming a free trade association among themselves.
B) employees from participating in labor unions.
C) foreign trade with less developed countries.
D) discrimination relating to employment, education, and public accommodations.

Question 17

Jim Crow laws,which required racial desegregation,were passed after the Brown v.Topeka Board of Education case.

Question 18

Hilary owns and operates a Bed & Breakfast Inn near the Lumbee Indian reservation.She favors Lumbee Indians when hiring for job positions at the Inn.Hilary's hiring practices:

A) violate Title VII of the Civil Rights Act as it prohibits employment discrimination based on race.
B) do not violate Title VII of the Civil Rights Act because it allows for such preferential treatment.
C) do not violate Title VII of the Civil Rights Act because of the at-will employment clause.
D) violate Title VII of the Civil Rights Act because such practices are against the bona fide occupational qualification (BFOQ) defense.

Question 19

Justin was employed as an auto mechanic with Madison & Sons Auto Shop.Mr.Madison employed 20 mechanics in each of his facilities in Denver,Colorado.Justin was the only African-American mechanic and had been employed by Mr.Madison for approximately nine years.He applied for a promotion to chief mechanic on four separate occasions and each time,the promotion was given to a white male with less seniority and less experience.After being denied the promotion for the fifth time,Justin filed a discrimination claim with the Equal Employment Opportunity Commission (EEOC).Justin's employment was terminated by Mr.Madison after the EEOC contacted Mr.Madison concerning the claim.Which of the following will hold true in this scenario?

A) Mr. Madison cannot be held liable because Title VII of the Civil Rights Act of 1964 covers only employers with more than 50 employees.
B) Mr. Madison can use the bona fide occupational qualification (BFOQ) defense to protect himself against Justin's discrimination claim.
C) Mr. Madison may be found liable for violation of the antidiscrimination and the antiretaliation provisions under the Civil Rights Act of 1964.
D) Mr. Madison cannot be held liable because Justin is an at-will employee.

Question 20

Sally,a non-U.S.citizen,was employed by Kev Electronics Inc.,a U.S.corporation.She worked at a facility based in London.During a recent workforce reduction,Sally was terminated from her job.She noticed that only female employees were laid off.She contacted the Equal Employment Opportunity Commission (EEOC)to file a discrimination claim.In the context of employees covered under Title VII of the Civil Rights Act of 1964,which of the following is true?

A) Sally's claim will be investigated by the EEOC as her discrimination claim is against an American employer.
B) Sally's claim cannot be filed with the EEOC because the Federal Trade Commission (FTC) is in charge of employment discrimination against non-U.S. citizens.
C) Sally's claim cannot be filed with the 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 the EEOC because she falls under a protected group.

Question 21

Sam filed a discrimination case against his employer with the Equal Employment Opportunity Commission (EEOC).The EEOC sent a notice of charge to Sam's employer.In this scenario,which of the following is most likely to be the immediate next step in the process of bringing a discrimination claim with the EEOC?

A) Both Sam and his employer will receive a referral to mediation from the EEOC, if appropriate.
B) The EEOC will issue a right-to-sue letter to Sam.
C) Both Sam and his employer will have to offer evidence to the U.S. Supreme Court as soon as the notice of charge is issued.
D) The EEOC will immediately investigate the claim.

Question 22

As part of its hiring process,TE Electronics requires new employees to sign an agreement that requires arbitration in the event of any employment dispute.Jack applied and was hired by TE last summer.On his first day of employment,Jack signed the mandatory arbitration agreement.Jack is an Asian-American,and was recently passed over for promotion.Jack wants to file a charge of discrimination with the EEOC,but his supervisor says he cannot because of the arbitration agreement.Which of the following is true?

A) Jack can file a claim with the EEOC since Title VII does not permit enforcement of the mandatory arbitration agreement.
B) The EEOC can still investigate the matter and take action against TE Electronics, but cannot obtain relief for Jack.
C) The EEOC is not a party to the mandatory arbitration agreement, so it can investigate the claim and can even pursue specific relief for Jack including back pay, reinstatement and damages.
D) With the mandatory arbitration agreement in place, the EEOC cannot do any investigation of Jack's claim.

Question 23

Under de novo review:

A) the Equal Employment Opportunity Commission prohibits an employee from taking his or her discrimination case to a court.
B) the Equal Employment Opportunity Commission does not issue a right-to-sue letter.
C) an employee claiming workplace discrimination does not go through the Equal Employment Opportunity Commission's administrative process.
D) an employment discrimination case is handled by a court as if it were new.

Question 24

Gerald was hired by the Spectacular Tropical Aquarium (STA)and agreed to resolve any disputes arising out of his employment through arbitration.Even though Gerald was performing his job efficiently,he was fired when he became a Rastafarian.Without waiting for the results of the arbitration,Gerald filed a discrimination complaint with the Equal Employment Opportunity Commission (EEOC).The EEOC quickly filed a lawsuit on his behalf.STA moved to have the EEOC's lawsuit dismissed on the grounds that Gerald signed a valid mandatory arbitration agreement.In this scenario,the EEOC:

A) cannot bring an enforcement action against STA because Gerald did not wait for the arbitration results.
B) can bring its own enforcement action against STA despite Gerald's agreeing to arbitration.
C) cannot bring an enforcement action against STA because Gerald is an at-will employee.
D) can bring an enforcement action against STA as EEOC claims cannot be the subject of mandatory arbitration in any case.

Question 25

Marion Zhu,a U.S.citizen of Asian origin,is a social worker in particular school district in North Carolina.She was denied a promotion to the Supervisor II (social worker)position although she has good scores on the social workers' promotion examination.A white social worker who scored lower in the exam is instead promoted.The district's Human Resources Department refuses to hear her appeal.Marion is convinced that she was not promoted because she is Asian.Marion can bring a discrimination claim under:

A) Section 2-306 of the Uniform Commercial Code.
B) 42 U.S.C. Section 1983.
C) the Fourth Amendment of the United States Constitution.
D) the Sixth Amendment of the United States Constitution.

Question 26

The Black Codes were enacted as a means to:

A) ban all discrimination on the basis of race.
B) ban discrimination on the basis of race, gender and religion.
C) extend discrimination laws to U.S. Citizens working for American companies outside of the U.S.
D) limit the rights of the newly-freed slaves by continuing pre-Civil War slave codes.

Question 27

42 U.S.C.Section 1985,known as the Ku Klux Klan Act,was designed to address:

A) Discrimination in making and enforcing contracts.
B) Denial of civil rights based on race by behaving as if the action is on behalf of the government.
C) An injury to someone in an attempt to deny them of their civil rights based on race.
D) Conspiracy or concerted activity intended to deny someone of their civil rights based on race.

Question 28

The federal agency with primary responsibility for handling most employment discrimination claims under federal law is the:

A) Federal Civil Rights Agency (FCRA)
B) Department of Justice (DOJ)
C) Equal Employment Opportunity Commission (EEOC)
D) Office of Federal Contract Compliance Programs (OFCCP)

Question 29

The function of a 706 agency is:

A) to act as an enforcement agency for state fair employment practice laws (these generally track Title VII).
B) to handle discrimination claims of federal government employees.
C) to process claims of discrimination for the EEOC under a work-sharing agreement.
D) Both A and C

Question 30

If the parties involved in an employment discrimination case choose not to mediate the charge or if the mediation is not successful,the Equal Employment Opportunity Commission (EEOC):

A) refers the case to a 706 agency.
B) investigates the complaint by talking with the parties and other witnesses.
C) mandates the employer to pay compensatory damages to the employee.
D) issues a right-to-sue letter to the employer.

Question 31

Which of the following is NOT true of the EEOC's mediation option?

A) Information disclosed in the mediation process is confidential - it is not even disclosed to EEOC employees.
B) Mediation is only available in the beginning stages of the claim.
C) The decision to participate in mediation is voluntary for both sides.
D) A decision reached after mediation is binding.

Question 32

The main reason why few file discrimination claims under The Reconstruction Civil Rights Acts is:

A) the statute of limitations is shorter.
B) the courts are clogged with these types of claims, so it is difficult to get a timely hearing.
C) a claimant generally needs assistance of an attorney, so there can be significant costs involved.
D) damage recovery is typically more limited than under Title VII.

Question 33

To limit their exposure to workplace discrimination claims,an employer should do all of the following except:

A) Ensure employees understand what Title VII is, who it applies to, and what it requires.
B) Be inclusive and recognize that continuing to exclude groups may lead to unnecessary claims of discrimination.
C) Be reactive in handling situations that typically lead to claims of employment discrimination.
D) Try hard to make the workplace environment inclusive.

Question 34

The Equal Employment Opportunity Commission (EEOC)investigated Chen's complaint of workplace discrimination against his employer and sent him a notice stating that it found no reasonable cause for his complaint.What is Chen's next step if he wants to pursue the claim?

A) Chen has 180 days after he receives a right-to-sue letter from the EEOC to file the same complaint with a 706 agency.
B) Chen has 180 days after he receives a favorable letter of recommendation from the EEOC to sue his employer in federal court.
C) Chen has 90 days after he receives a right-to-sue letter from the EEOC to sue his employer in federal court.
D) Chen has no right to pursue his complaint further.

Question 35

Which of the following is a difference between filing a discrimination case under 42 U.S.C.section 1981 and Title VII of the Civil Rights Act of 1964?

A) Employees cannot file racial discrimination claims under section 1981, whereas under Title VII they can.
B) The statute of limitations under section 1981 is longer than under Title VII.
C) The damages that employees can claim under Title VII are unlimited, unlike those under section 1981 that have caps.
D) Employees do not have to offer evidence against their employees when they file their claim under Title VII, whereas employees bringing claims under section 1981 must produce evidence.

Question 36

Which of the following is true of the Jim Crow laws?

A) They led to complete segregation in all aspects of life - from birth to death.
B) They created an environment of equality for people of all races.
C) Jim Crow laws remain on the books today in many jurisdictions.
D) Penalties for violation of Jim Crow laws were minor-often a mere "slap on the wrist."

Question 37

Ivan studied voice,opera,and Jewish liturgical music at the Southern Baptist Theological Seminary.After he graduated,he applied for a job as a cantor to lead prayer services at the Nashville Downtown Synagogue.The synagogue refused to consider him for the job because he is not Jewish.If Ivan files an employment discrimination claim against the Nashville Downtown Synagogue,the synagogue can:

A) be held liable for discrimination under Title VII of the Civil Rights Act of 1964.
B) defend itself using the ministerial exception to Title VII of the Civil Rights Act of 1964.
C) be held liable for retaliation under Title VII of the Civil Rights Act of 1964.
D) assert the doctrine of promissory estoppel to protect itself against Ivan's claim.

Question 38

The Civil Rights Act of 1991 added to Title VII of the Civil Rights Act:

A) jury trials at the request of either party when compensatory and punitive damages are sought.
B) mediation as an alternative for resolving discrimination claims.
C) stronger penalties for employees filing false claims.
D) additional bases for a claim of discrimination including weight and hair color.

Question 39

After the Equal Employment Opportunity Commission (EEOC)completes its investigation in an employment discrimination case,________.

A) it gives the employee a dismissal and a right-to-sue letter if no reasonable cause for the employee's discrimination complaint is found
B) either party cannot ask for reconsideration of the EEOC's decision
C) the EEOC requires the employer to pay compensatory damages within 30 days of the discriminatory event
D) the employee is prohibited from pursuing the matter further in federal court if he or she is not satisfied with the EEOC's ruling

Question 40

Which of the following is a disadvantage of a mandatory arbitration clause in an employment contract?

A) The employees have the disadvantage of essentially having the courts closed to them for cases under Title VII of the Civil Rights Act of 1964.
B) Employers suffer from having more number of discrimination cases in court.
C) The Equal Employment Opportunity Commission is prevented from pursuing victim-specific relief for an employee.
D) The Equal Employment Opportunity Commission is prohibited from bringing its own enforcement action against an employer.

Question 41

Describe the types of employees that are NOT covered by Title VII of the Civil Rights Act of 1964.

Question 42

Briefly discuss what an organization's management can do to comply with Title VII of the Civil Rights Act of 1964.

Question 43

Title VII of the Civil Rights Act of 1964 prohibits discrimination in education,employment,public accommodations and receipt of federal funds on the basis of:

A) race only.
B) race or gender only.
C) race, gender and religion only.
D) race, color, gender, religion, or national origin.

Question 44

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

A) the act of religious institutions and associations discriminating against individuals when performing their activities.
B) the revisions made by states to their pre-Civil War "Slave Codes."
C) a private employer discriminating employees based on their national origin or color.
D) a government employee illegally discriminating against another during performance of his or her official duties.

Question 45

Discuss the role of mediation in EEOC claims.

Question 46

List the steps involved in the process of filing a claim for discrimination within the Equal Employment Opportunity Commission (EEOC).When can the process of judicial review be applied in this context?

Question 47

Discuss the implication of laws regulating the separation of blacks and whites in the United States.

Question 48

If an employee files a claim with a 706 agency versus the EEOC,the employee:

A) has 300 days, rather than 180 days, to file the claim.
B) must be represented by an attorney since it is a more formal process.
C) must meet a higher burden of proof than is required by the EEOC.
D) probably has a less serious claim.

Question 49

The U.S.Supreme Court has ruled that the statute of limitations on racial discrimination cases under 42 U.S.C.section 1981 is ________.

A) six years
B) 180 days
C) four years
D) 30 days

Question 50

Andrew,the Chief Financial Manager of a reputed company,was taken under police custody for interrogation.He was accused of committing a white-collar crime.During the process,some government officers deprived him of his civil rights and immunities as if it were a legitimate part of their duties.As a result,this could be considered a violation of:

A) Section 2-306 of the Uniform Commercial Code.
B) 42 U.S.C. section 1983.
C) the Fair Labor Standards Act.
D) the Equal Employment Opportunity Act.