Question 1

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

Accepted Answer

Mandatory Arbitration Agreements prevent an employee from pursuing a claim for discrimination with the EEOC. This is because the employee has agreed to arbitrate all disputes arising out of his/her employment relationship, including discrimination claims. However, some states have enacted laws that restrict the use of mandatory arbitration agreements in certain circumstances.

Question 2

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

Accepted Answer

A "706 agency" is a state agency that contracts with EEOC to assist in the investigation of discrimination claims. EEOC can defer a claimant to a 706 agency for 60 days before investigating.

Question 3

With the Lilly Ledbetter Fair Pay Act of 2009, Congress

Accepted Answer

The Lilly Ledbetter Fair Pay Act of 2009 did not extend the statute of limitations to 300 days; rather, it reset the 180-day statute of limitations for filing an equal-pay lawsuit with each new discriminatory paycheck.

Question 4

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

Accepted Answer

Non-federal government employees have 180 days to file a claim with the EEOC under Title VII of the Civil Rights Act. This period can extend to 300 days if a state or local agency enforces a law prohibiting employment discrimination on the same basis.

Question 5

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:

Accepted Answer

42 U.S.C. sec. 1981 prohibits racial discrimination in the making and enforcement of contracts, which includes membership agreements at private clubs. Title VII is not applicable as it deals with employment discrimination, and 42 U.S.C. sec. 1983 applies to actions under color of state law, not private entities.

Question 6

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

Accepted Answer

The Ku Klux Klan Act refers to 42 U.S.C. sec. 1985, which prohibits conspiracies to interfere with civil rights, including those based on race, color, or national origin. 42 U.S.C. sec. 1981 prohibits discrimination based on race or ethnicity in contracts, while 42 U.S.C. sec. 1983 provides a civil remedy for violations of constitutional rights by state actors.

Question 7

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

Accepted Answer

The answer of Claims for discrimination filed with a 706...

Question 8

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.

Accepted Answer

Mr. Madison may be found liable for both discrimination based on race and violation of the anti-retaliation provisions of the Civil Rights Act of 1964. Jay Foster's claim of being repeatedly denied a promotion based on his race constitutes discrimination, while his termination in response to filing a claim with the EEOC constitutes retaliation. Both forms of violation are prohibited by the Civil Rights Act of 1964.

Question 9

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.

Accepted Answer

The ministerial exception to Title VII allows religious organizations to discriminate on the basis of religion when hiring employees who perform religious functions. Cantors are considered to be such employees, so the synagogue can successfully assert this defense against Elijah's discrimination claim.

Question 10

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.

Accepted Answer

Chen has 90 days after receiving the "right-to-sue" letter from the EEOC to file a lawsuit against his employer in federal court. This is the standard time frame provided under Title VII for taking legal action after receiving such a notice.

Question 11

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.

Accepted Answer

42 U.S.C. 1981 does not require filing with the EEOC or exhausting administrative remedies before going to court.

Question 12

Courts are closed to Title VII claimants if

Accepted Answer

If a Title VII claimant has signed a mandatory arbitration agreement with their employer, it means that they have agreed to resolve any legal disputes through arbitration rather than going to court. As a result, they would not have access to the court system to pursue their claim. Option B and C are not accurate in this context as they do not refer to the impact of arbitration agreements on access to courts. Therefore, the correct answer is A.

Question 13

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

Accepted Answer

According to data from the Equal Employment Opportunity Commission (EEOC), in fiscal year 2010, retaliation claims represented the largest percentage of claims filed under Title VII at 36.3%. The second largest category was race discrimination at 35.9%, followed by sex discrimination at 28.5%, and national origin discrimination at 11.1%. Therefore, the best choice for this question is D, retaliation.

Question 14

Undocumented workers are

Accepted Answer

Undocumented workers are protected by Title VII of the Civil Rights Act, but they are not eligible for certain remedies such as reinstatement and back pay for periods after discharge or failure to hire. This is because their undocumented status makes it impossible for them to legally work in the United States.

Question 15

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

Accepted Answer

If mediation is not successful, the EEOC typically proceeds with investigating the claim to determine if there is reasonable cause to believe discrimination occurred.

Question 16

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

Accepted Answer

The answer of Hilary James owns and operates a Bed...

Question 17

"Black codes"

Accepted Answer

Black codes were laws enacted by Southern states after the Civil War to replace the "slave codes" that enforced white superiority during slavery. The black codes varied from state to state but generally restricted the rights of newly freed African Americans, including their ability to vote, own property, and work in certain professions. The Civil Rights Act of 1866 and subsequent federal intervention eventually put an end to the black codes.

Question 18

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

Accepted Answer

To bring a claim of employment discrimination under 42 U.S.C. section 1981, the person must show that the discrimination occurred in connection with an employment contract. This means that the discrimination must be related to the terms, conditions, or privileges of employment. Other options such as conspiracy to cause discrimination or acting under color of state law may be applicable in other types of discrimination claims, but not under 42 U.S.C. section 1981. Disparate impact is another type of discrimination claim that focuses on the discriminatory effect of a neutral policy, rather than intentional discrimination, and is also not applicable to this statute.

Question 19

After EEOC completes its investigation,

Accepted Answer

Upon completion of its investigation, the EEOC may take different actions based on its findings. If the EEOC determines that there is no reasonable cause to believe that discrimination occurred, it will issue a notice of right-to-sue to the employee, which allows them to proceed with a lawsuit in court. If the EEOC finds that there is reasonable cause to believe that discrimination occurred, it will try to reach a resolution through conciliation, which involves the EEOC and the employer trying to reach a settlement agreement. If no settlement is reached, the EEOC may decide to file a lawsuit against the employer in federal district court. Therefore, all of the choices are correct.

Question 20

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.

Accepted Answer

The EEOC can bring a lawsuit enforcement action against Spectacular despite Nemo's agreeing to arbitration because Title VII of the Civil Rights Act allows the EEOC to sue on behalf of an employee. The fact that Nemo agreed to arbitration does not prevent the EEOC from pursuing its claim.

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