Question 1

When an employer is not within the exemption provision of Section 702 under Title VII,and the religion is not a BFOQ,the prohibition against discrimination on the basis of religion is:

Accepted Answer

The prohibition against discrimination on the basis of religion is not absolute when an employer is not within the exemption provision of Section 702 under Title VII, and the religion is not a BFOQ. In other words, employers are still required to reasonably accommodate employees' religious beliefs and practices as long as doing so would not cause undue hardship on the business. This means that an employer must make reasonable accommodations for an employee's religious beliefs and practices if doing so would not create an undue hardship. If an employer fails to do so, they risk being in violation of Title VII.

Question 2

Employers are allowed to refuse to hire applicants who are denied national security clearances for positions subject to federal security requirements under:

Accepted Answer

A

Question 3

Title VII includes religion within the BFOQ exception enumerated in:

Accepted Answer

Title VII includes religion within the Bona Fide Occupational Qualification (BFOQ) exception in Section 703(e)(1). This section allows employers to hire and employ employees on the basis of religion, sex, or national origin in those instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

Question 4

The Immigration Reform and Control Act was enacted in the year:

Accepted Answer

The Immigration Reform and Control Act (IRCA) was enacted in 1986.

Question 5

The judgment of the court in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v.Amos,in which plaintiffs brought action against the CPB and the COP alleging,among other things,discrimination on the basis of religion in violation of the Civil Rights Act of 1964,was:

Accepted Answer

The answer of The judgment of the court in Corporation...

Question 6

Dorothy filed a complaint with the EEOC against her employer alleging sex-based discrimination.The complaint can be filed with the EEOC:

Accepted Answer

The EEOC must receive a complaint within 300 days of the alleged discrimination in order to investigate it. The company does not need to be registered with the EEOC, and the complaint goes through an administrative process before it can be filed in court. The EEOC can also be filed concurrently with a state or local agency.

Question 7

In which of the following cases did the EEOC argue that the district court erred in each respect of the decision and finally appealed to the U.S.Court of Appeals for the Fifth Circuit?

Accepted Answer

In the case of Equal Employment Opportunity Commission v. WC&M Enterprises, Inc., the EEOC argued that the district court erred in each respect of the decision and finally appealed to the U.S.Court of Appeals for the Fifth Circuit. The other cases listed do not mention such an appeal.

Question 8

Identify the case in which the Court of Appeals held that the employer had committed an unlawful employment practice under Section 703(a) (1) of the Act.

Accepted Answer

Trans World Airlines v. Hardison is the only option that directly refers to a court case involving a claim of unlawful employment practice under Section 703(a) (1) of the Act.

Question 9

The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate if they:

Accepted Answer

The correct choice is B because the FAA requires that arbitration agreements are voluntary and knowing. The other choices are incorrect because the FAA applies to agreements that involve interstate commerce, without limiting the types of workers or industries that are covered (choice A), and the FAA does not require that the arbitration process does not place undue hardship (choice C) or that the agreement was knowingly agreed to (choice D).

Question 10

The EEOC enforces __________ prohibiting employment discrimination.

Accepted Answer

The EEOC enforces federal laws prohibiting employment discrimination, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. The EEOC does not enforce state, regional, or community laws.

Question 11

Unlike the National Labor Relations Act,Title VII does not give exclusive authority over employment discrimination issues to:

Accepted Answer

Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination, does not grant exclusive authority over employment discrimination issues to the federal government. Instead, it allows for concurrent jurisdiction, meaning that both state and federal laws and agencies can address employment discrimination. This contrasts with the National Labor Relations Act, which centralizes authority over labor relations issues within the federal government.

Question 12

In Garcia v.Spun Steak Company,where the employees and the union filed suit against Spun Steak,alleging that the English-only policy violated Title VII,the court of Appeals:

Accepted Answer

The court of Appeals reversed the trial court judgment. This means that the judgment made by the trial court was found to be incorrect or invalid, and the case was sent back to the trial court to be re-examined or retried. This suggests that the court of Appeals found in favor of the employees and the union and concluded that Spun Steak's English-only policy violated Title VII.

Question 13

Government action involving religion raises issues under the __________ of the U.S.Constitution.

Accepted Answer

The First Amendment of the U.S. Constitution establishes the principle of separation of church and state, and protects the rights of individuals to practice their religion freely without government interference. Government action involving religion must adhere to the Establishment and Free Exercise clauses of the First Amendment.

Question 14

Section 702(a) provides an exception under Title VII to all:

Accepted Answer

Section 702(a) of Title VII provides an exception for religious organizations, allowing them to give employment preference to individuals of a particular religion to carry out their religious activities.

Question 15

One way to establish proof of a disproportionate impact is by using the:

Accepted Answer

The Four-Fifths Rule from the EEOC Guidelines is the best way to establish proof of disparate impact. This rule states that a selection rate for any race, sex, or ethnic group that is less than four-fifths (or 80%) of the rate for the group with the highest rate will generally be regarded as evidence of adverse impact. This is a widely recognized and accepted method for assessing disparate impact in employment discrimination cases. The other options listed are not relevant or applicable to proving disparate impact.

Question 16

The decision of the U.S.Court of Appeals for the Third Circuit in Webb v.City of Philadelphia,in which Officer Webb filed a complaint of religious discrimination under Title VII with the Pennsylvania Human Relations Commission and the federal Equal Employment Opportunity Commission,stated that:

Accepted Answer

The answer of The decision of the U.S.Court of Appeals...

Question 17

Mohammed worked in a garment manufacturing firm.He was a new immigrant from Afghanistan and due to the terrorist activities in his country he faced several discrimination issues at his place of work.He was subjected to humiliation and verbal abuse,and subsequently he was physically assaulted by his co-workers a few blocks from the company premises.He filed a suit under Title VII alleging racial discrimination by co-workers and his employers.To establish a prima-facie case he should present the court with:

Accepted Answer

To establish a prima-facie case of racial discrimination, Mohammed needs to present enough evidence to raise a presumption of discrimination. This can include evidence of discriminatory comments, actions, or behavior towards him based on his race or national origin. Written notice from the federal or state government is not required to file a suit under Title VII. Direct evidence would only be necessary to raise a mixed-motive analysis under Section 702(m), which is not applicable in this case.

Question 18

Which section of Title VII states that it is not a violation if an employer refuses to hire or to discharge an employee who is unable to meet the requirements for a national security clearance where federal law or regulations require such a clearance for the job in question?

Accepted Answer

The answer of Which section of Title VII states that...

Question 19

In McDonnell Douglas Corp.v.Green,the respondent (Green) filed a formal complaint with the Equal Employment Opportunity Commission,claiming that the petitioner had refused to rehire him because of his race,and persistent involvement in the civil rights movement which were in violation of Sections 703(a)(1) and 704 (a).How would Green claim a case of discrimination?

Accepted Answer

Green would claim a case of discrimination by establishing a prima-facie case, which means providing sufficient evidence to support a finding of discrimination. This would involve showing that he is a member of a protected class, that he applied for and was qualified for a job, that he was rejected, and that the employer continued to seek applicants with similar qualifications. Once Green establishes a prima-facie case, the burden would shift to the employer to provide a legitimate, non-discriminatory reason for their decision.

Question 20

Ron and Roderick were American employees at a publishing firm.The company employed 22 workers,most of who were French or spoke French.There were constant complaints pertaining to language issues by Ron and Roderick.The company subsequently adopted an "English-only" policy,requiring employees to speak in English while conducting business.The French employees and the union then filed a lawsuit against the company,alleging that the English-only policy violated Title VII.In this case,the court held that there was no violation of Title VII because:

Accepted Answer

The court held that to prove a violation of Title VII, the French employees and the union needed to demonstrate that the English-only policy was not job-related and consistent with business necessity, and that there were no reasonable grounds to justify that Title VII provisions were violated. Since the plaintiffs were unable to meet this burden of proof, the court ultimately found no violation of Title VII.

Quiz 8: Discrimination Based On Religion And National Origin & Procedures Under