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

Question 1

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

Answer 1

False
Explanation:The Jim Crow laws was a system of racial segregation practiced virtually everywhere in the United States. The system was enforced through law, ironclad social custom, and, many times, violence.

Question 2

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.

Answer 2

D
Explanation:The Civil Rights Act of 1964 prohibits discrimination in education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, national origin, and religion. Although several categories of discrimination are included in the law, it was racial discrimination that was truly the moving force for its enactment.

Question 3

A person can file a discrimination lawsuit in a court against his or her employer without going through the Equal Employment Opportunity Commission's administrative process.

Answer 3

False
Explanation:A court can only take a Title VII (the Civil Rights Act of 1964) discrimination case for judicial review after the Equal Employment Opportunity Commission (EEOC) has first disposed of the claim. Thus, a person cannot immediately file a discrimination lawsuit against his or her employer if he or she has not yet gone through the EEOC's administrative process and exhausted his or her administrative remedies.

Question 4

Title VII of the Civil Rights Act of 1964 applies to:

A) non-U.S. citizens employed outside the United States.
B) employers having less than 15 employees.
C) employees of religious institutions, associations, or corporations hired to perform work connected with carrying on religious activities.
D) labor organizations of any kind that exist to deal with employers concerning labor issues, engaged in an industry affecting commerce.

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

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 7

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 8

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 he had been employed by Mr.Madison for approximately nine years.He had applied for a promotion to chief mechanic on four 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 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 9

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 10

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 11

For employers,Title VII of the Civil Rights Act of 1964 meant that decisions made at the workplace regarding hiring,promotion,and the like could go unchallenged.

Question 12

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 13

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 14

If no conciliation is reached in a workplace discrimination claim,Title VII of the Civil Rights Act of 1964 requires that courts accord Equal Employment Opportunity Commission (EEOC)decisions de novo review.

Question 15

Protections provided under Title VII of the Civil Rights Act of 1964 were extended to congressional employees in the Congressional Accountability Act of 1995.

Question 16

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 17

Which of the following is true of Title VII of the Civil Rights Act of 1964?

A) It does not cover managerial employees and supervisors.
B) It does not apply to actions taken with respect to someone who is a member of the Communist Party.
C) It does not allow religious institutions and associations to discriminate when performing their activities.
D) It does not cover non-U.S. citizens working in the United States for an American employer.

Question 18

Federal government employees must file their employment discrimination claims with the Equal Employment Opportunity Commission (EEOC)within 15 days of the discriminatory event.

Question 19

Employees bringing workplace discrimination claims under the post-Civil War statutes do not file claims under the EEOC and instead must go to an attorney.

Question 20

The 1978 amendment expanded the coverage of Title VII of the Civil Rights Act of 1964 to include government employees and to strengthen the enforcement powers of the enforcing agency created by the law.

Question 21

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 22

Agnes wishes to bring a racial discrimination lawsuit against her employer under 42 U.S.C.Section 1981.Which of the following actions must she take in order to process her case?

A) File her claim with the Equal Employment Opportunity Commission within 180 days.
B) Exhaust her administrative remedies before bringing the suit in federal court.
C) Receive a right-to-sue letter from a 706 agency.
D) Seek the help of an attorney.

Question 23

Which of the following is a difference between filing discrimination cases 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 24

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 25

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 26

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 27

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 had 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 28

As per the Lilly Ledbetter Fair Pay Act of 2009:

A) employees bringing discrimination claims under the Civil Rights Act need to pay a fee when they file a complaint with the Equal Employment Opportunity Commission.
B) the Equal Employment Opportunity Commission is prohibited from pursuing victim-specific relief such as back pay and reinstatement as part of an enforcement action.
C) employers are required to pay compensatory damages to employees if they are discriminated based on their performance.
D) the 180-day statute of limitations with regard to wage discrimination begins to run all over again each time a paycheck is issued based on pay discrimination.

Question 29

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

A) 42 U.S.C. section 1981
B) 42 U.S.C. section 1983
C) 42 U.S.C. section 1985
D) 42 U.S.C. section 1991

Question 30

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

A) Employees suffer from 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 31

Marion Zhu,a U.S.citizen of Asian origin,is a social worker in a particular school district in North Carolina.She is 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 32

Samantha signed an employment contract with True Diva Cosmetics (TDC)to work as a sales clerk.The agreement included a mandatory arbitration clause in case of any employment disputes.After Samantha was denied a promotion,she filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).The manager of TDC told Samantha that her employment contract requires her to seek redress through arbitration,not the EEOC.Which of the following holds true in this scenario?

A) Samantha will have to withdraw her discrimination claim filed with the EEOC because she signed a contract agreeing to arbitration.
B) The EEOC can pursue Samantha's case 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) Samantha will be violating Title VII of the Civil Rights Act of 1964 if she pursues her case with the EEOC.

Question 33

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

A) granted summary judgment for the claimant because it was clearly evident that the hospital enforced its dress code on employees in a discriminatory manner.
B) granted summary judgment for the hospital because the claimant failed to offer evidence that the hospital enforced its dress code in a discriminatory manner.
C) denied the claimant's motion for summary judgment.
D) denied the hospital's motion for summary judgment.

Question 34

The Equal Employment Opportunity Commission (EEOC)has investigated Chen's complaint of workplace discrimination against his employer and sent him a notice stating that there was no reasonable cause for his complaint.Which of the following holds true in this scenario?

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 in federal court after he receives a right-to-sue letter from the EEOC.

Question 35

Under Title VII of the Civil Rights Act of 1964,the number of days that a nonfederal government employee has to file a discrimination claim with the Equal Employment Opportunity Commission (EEOC)is within _____ of the discriminatory event.

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

Question 36

Sam has filed a discrimination case against his employer with the Equal Employment Opportunity Commission (EEOC).The EEOC has 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 as per the process of bringing a discrimination claim within 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 37

In the context of employment discrimination,if there is a 706 agency in an employee's jurisdiction:

A) the Equal Employment Opportunity Commission will move on the claim within 15 days.
B) the Equal Employment Opportunity Commission will ask the employee to pay a fee before filing a case with the 706 agency.
C) the employee will have 300 days within which he or she can file for a discrimination claim.
D) the employee cannot pursue the matter further if he or she is not satisfied with the 706 agency's ruling.

Question 38

Mandatory arbitration agreements in an employment relationship:

A) prevent the Equal Employment Opportunity Commission (EEOC) from asking for victim-specific relief for an employee.
B) decrease the time and resources parties would spend by fighting workplace legal battles in court.
C) require employees to file their discrimination complaints only with 706 agencies.
D) prohibit the Equal Employment Opportunity Commission from bringing its own enforcement action against an employer.

Question 39

Which of the following is true of Black Codes?

A) They codified discrimination on the basis of race and limited the rights of the newly free slaves.
B) They categorized blacks as a protected group and gave them special privileges under the Title VII of the Civil Rights Act.
C) They were mostly revisions of the post-Civil War "Slave Codes," initiated by a few states.
D) They were a subtle form of discrimination in the Northern states, while religious segregation was practiced in the South.

Question 40

In the context of workplace discrimination,which of the following statements is true of 706 agencies?

A) They take up more serious discrimination cases that are not covered under the Equal Employment Opportunity Commission's jurisdiction.
B) They require an employee to file a discrimination claim within 60 days of the discriminatory event.
C) They are administrative agencies specifically created to help employers fight discrimination cases.
D) They receive and process claims of discrimination for the Equal Employment Opportunity Commission (EEOC).

Question 41

Andrew,the Chief Financial Manager of a reputed company,was taken under police custody for interrogation.He had been 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.Thus,this would 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.

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

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 informs her supervisor that she is pregnant,she is fired the next day.Paula files a claim with the Equal Employment Opportunity Commission (EEOC).What will be the result and why?

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

In the context of racial discrimination,which of the following is true of 42 U.S.C.section 1983?

A) It does not allow a person to file a discrimination claim when someone acting on behalf of the state deprives the person of his or her civil rights.
B) It requires an employee to go to the Equal Employment Opportunity Commission (EEOC) to file his or her discrimination claim.
C) It cannot be used for workplace discrimination by private employers.
D) It prohibits an employer from using the business necessity defense.

Question 46

42 U.S.C.section 1981:

A) allows a victim of racial discrimination to claim unlimited damages from the defendant.
B) permits the denial of civil rights on the basis of color by someone acting on behalf of the government.
C) provides a shorter statute of limitations than that granted under Title VII of the Civil Rights Act of 1964.
D) prohibits discrimination on the basis of gender in making and enforcing employment contracts.

Question 47

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

Question 48

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 49

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

Question 50

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?