Deck 10: Sexual Orientation and Gender Identity Discrimination

Question 1

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.

Answer 1

B
Explanation: Gay Pride Month is actually the commemoration of the historic events of June 1969. In June 1969, when plainclothes police officers raided the Stonewall Inn in New York's Greenwich Village, there was uncharacteristic resistance by the bar patrons joined by people on the street that resulted in a weekend of riots.

Question 2

LGBT employees are not eligible to bring civil tort actions such as defamation or intentional infliction of emotional distress,and others.

Answer 2

False
Explanation: If the facts warrant, LGBT employees may bring civil tort actions such as intentional infliction of emotional distress, intentional interference with contractual relations, invasion of privacy, or defamation. The outcome depends on the particular circumstances, but employers should be mindful of the possibility of civil suits with unlimited damages.

Question 3

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 LGBT employees.

Answer 3

A
Explanation: If enacted, the Employment Nondiscrimination Act (ENDA) would basically extend Title VII's (the Civil Rights Act of 1964) reach to include discrimination on the basis of sexual orientation and gender identity. The Senate passed ENDA for the first time in history in 2013, but the U.S. House of Representatives has failed to do so.

Question 4

There is no federal legislation protecting LGBT employees 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 that state and local ordinances may 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 5

Gender identity is another way of referring to sexual orientation.

Question 6

All transgenders are transsexual,but not all transsexuals are transgender.

Question 7

Gender dysphoria is a medical condition recognized by the American Medical Association causing a person to feel like their mind is one gender,and their body is the opposite.

Question 8

Employers must adopt policies accommodating LGBT employees in the workplace.It is the right thing to do,and besides non-LGBT employees don't have any real basis for disagreeing with such a policy.

Question 9

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

Question 10

An employee can sue their same-gender sexual harasser under Title VII:

A) in any case.
B) only when the same-gender sexual harassment is because the harassee is LGBT.
C) only when the same-gender sexual harassment is not because the harassee is LGBT.
D) in no case. Title VII doesn't cover same-gender sexual harassment.

Question 11

One purpose of LGBT support groups in workplaces is to:

A) make workplaces less threatening to the work life 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.

Question 12

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

Question 13

Sexual harassment claims are covered under Title VII even if employees are of the same gender; however harassment based on sexual orientation is not covered under Title VII.

Question 14

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

Question 15

The term transsexual traditionally referred to an individual who underwent gender reassignment surgery,but recently has been broadened to include those who haven't yet had surgery but are living as the opposite gender,cross-dressers,and inter-sexed people.

Question 16

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.That is,if the employee presents himself as a male,treat him as a male even though he may have been female before the gender reassignment surgery.

Question 17

Frozen Tundra Products 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.Aimee,a Frozen Tundra employee,is assigned a project with four other co-workers,including Norb,an openly gay man.Aimee has strong religious beliefs that homosexuality is immoral.She feels that acknowledging Norb in any way would be like accepting homosexuality,which goes against her religion.Thus,she refuses to communicate or work with Norb.How should Frozen Tundra handle this situation?

A) Frozen Tundra should fire Aimee for refusing to follow its zero tolerance policy and for causing difficulties on the assigned project.
B) Aimee has violated Title VII, and is personally liable to Norb for employment discrimination on the basis of sexual orientation.
C) Frozen Tundra should revoke its zero tolerance policy on discrimination and harassment based on race, color, gender, national origin, religion, or sexual orientation.
D) Frozen Tundra should find a way to honor its zero tolerance policy while still respecting Aimee's rights to her religious beliefs. So, for example, it could assign another person to the project team as a buffer between Norb and Aimee, etc.

Question 18

LGBT individuals who do not openly disclose their sexual orientation to others are known as:

A) coming out of the closet
B) cloistered
C) closeted
D) restrained

Question 19

A person who has had gender reassignment surgery is typically referred to as:

A) lesbian or gay
B) transsexual
C) transgender
D) B or C

Question 20

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

Question 21

Aiden became Arlene,a female,and soon thereafter had gender reassignment surgery.Prior to the surgery,Aiden was the lead salesperson at Exotic Auto Sales,a high-end car dealership.When Arlene reported to work after her surgery,she found that her hours had been cut and she was reassigned to a desk in the back of the showroom (a less desirable location).When she asked her supervisor about the changes,she was told that Exotic already had too many female salespersons.Arlene filed a claim with the Equal Employment Opportunity Commission (EEOC).Which of the following is a likely result?

A) Arlene can claim discrimination under Title VII of the Civil Rights Act of 1964 using the bona fide occupational qualification defense.
B) Arlene 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) Arlene's claim may be invalid because gender reassignment surgery is not recognized under Title VII.
D) Arlene's claim may be invalid because this is a business decision and not sexual harassment.

Question 22

Laura,a lesbian,is employed by Ohio Construction as a welder.Laura's co-workers did not know that she is a lesbian.She was frequently subjected to verbal abuse by her male co-workers who think that welding is a man's job.Laura is called inappropriate names,and 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.Laura eventually quits her job.Which of the following holds true in this scenario?

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

Question 23

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 24

Rob works at Corner Gym as the office secretary.His male co-workers are all trainers and fitness specialists.They refer to Rob as a "pretty man" because he does not lift weights,and they routinely call him "Roberta." They sometimes even go to the extent of imitating the way he walks and behaves and telling him that he acts like a girl.Rob is very disturbed because of the way he is treated at work.Which of the following holds true in this scenario?

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

Question 25

Roberto operates True Style,a clothing store that markets its products to lesbians.Jeff applies for a sales job at the store.He has extensive experience in the field of apparel retailing.Roberto rejects Jeff's application on the basis that the company is looking for qualified individuals who are lesbians to fill the position.Jeff files a complaint under Title VII of the Civil Rights Act of 1964.Which of the following holds true in this scenario?

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

Question 26

Jaques is a customer relationship executive at a bank.He enjoys wearing makeup.One day,he wears makeup to work,causing quite a stir.It is also a violation of bank's dress code.He disobeys a direct order from MaryAnne,his supervisor,to remove the makeup,whereupon he is terminated.In this scenario,Jaques' 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 27

Roberts Brothers terminates Anwar,a homosexual employee of Middle-Eastern descent.Anwar believes that his termination was unlawful.Which of the following is true in this scenario?

A) Anwar may have a claim for relief under Title VII of the Civil Rights Act of 1964 because he is homosexual.
B) Anwar may have a claim for relief under Title VII of the Civil Rights Act of 1964 because of his Middle-Eastern ethnicity.
C) Anwar may 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) Anwar will have a claim for relief under Title VII of the Civil Rights Act of 1964 because of the business necessity defense.

Question 28

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 29

Lucas is a waiter at The Foodie Club.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,Lucas:

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

Question 30

An office has a no tolerance sexual harassment policy that includes inclusivity of employees who identify as LGBT.Which of the following would most likely NOT violate the policy?

A) An employee that persistently propositions other employees and will not take no for an answer
B) An employee who discussed their sexual orientation
C) An employee who refuses to work with others who identify as LGBT and constantly uses derogatory language towards them
D) A supervisor who tells his employees that they do not have to take mandatory sexual harassment training if they do not want to listen to information in regards to inclusivity of LGBT

Question 31

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 32

Tom is a transgender,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 Tom deviant and fires him.Which of the following holds true in this scenario?

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

Question 33

Qiang,an Asian employee working at Rapid Fire Inc.,is terminated on the grounds that he is homosexual.He wants to file a discrimination claim against his employer.Qiang may 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 34

The legalization of same-sex marriage in 2015 corrected a number of benefit inequities for LGBT employees,including:

A) bereavement leave upon the death of an employee's life partner if LGBT
B) 12 weeks of paid leave under the Family and Medical Leave Act to deal with the birth or adoption of a child, or serious medical issues of a family member, etc.
C) health insurance coverage for gender reassignment surgery, and paid sick leave for recovery from the surgery.
D) all of the above

Question 35

Sexual orientation is different from gender identity in that:

A) gender identity was given protection under Title VII through an EEOC decision, unlike sexual orientation which is not protected under Title VII.
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 36

Eric 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 37

All of the following are considered prohibited discrimination under Title VII except:

A) a female employee is told by her male colleagues that she is taking "a man's job"
B) a male employee endures constant unwelcome sexually-suggestive banter from his male colleagues
C) the harassee is lesbian and the harasser is calling her a "dyke"
D) the harassee is female, and another female is spreading lies about her

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 a 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

Paul is being subjected to severe,pervasive,and unwelcome sexually harassing behavior from his supervisor,Greg.Can Paul bring a 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 40

Which of the following is true of transgender employees?

A) Transgender employees want special treatment because of the difficulties they face.
B) Transgender employees just want to be treated as the gender they feel they are, and represent themselves to be.
C) Transgender employees are gay or lesbian employees that have remained in the closet.
D) Transgender employees have had surgery to change to the opposite gender.

Question 41

An important purpose of LGBT job fairs is to:

A) isolate LGBT employees from heterosexual employees.
B) ensure that LGBT employees 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 42

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)protections.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 43

Describe the legal protections available to LGBT individuals against employment discrimination on the basis of their sexual orientation.

Question 44

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.

Question 45

Discuss some of the benefits that can be provided to LGBT employees in the workplace.

Question 46

Family-friendly work-life programs and benefits for same-sex couples:

A) are not necessary because homosexuals generally do not have children.
B) are not permissible based on federal law.
C) are desirable because homosexual parents are as likely to have a stay-at-home partner as heterosexual parents.
D) are critical because research shows that homosexual parents often lack essential parenting skills.

Question 47

What protections,if any,does Title VII of the Civil Rights Act of 1964 afford LGBT employees?

Question 48

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

Question 49

Employers have some flexibility in making workplace policies and decisions related to LGBT 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

Domestic partners:

A) Can be covered under an LGBT employee's health insurance coverage, but only if the employee elects to do so. Employers must offer this coverage.
B) Include only legally married same-sex couples.
C) Must be able to demonstrate that they lived together with the LGBT employee for the required period of time (varies from jurisdiction to jurisdiction) and gave mutual aid and support in order to be eligible to claim employment benefits.
D) Must undergo gender reassignment surgery to claim any protection under state law.