Discrimination based on sexual orientation-transgenderism

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Reference no: EM132165023

1. Gender plus discrimination refers to discrimination based on sexual orientation and transgenderism

a. True

b. False

2. Minnie, a Hispanic employee is not permitted to interview for a job opening in her company accounting department even though she is qualified for the position. Minnie is likely a victim of gender pus discrimination (because she is Hispanic female)

a. True

b. False

3. Under the Equal Pay Act, the content of the job rather than the job title or description determines the comparison of whether two jobs are substantially the same

a. True

b. False

4. The 1991 Civil Rights Act created the Glass ceiling Commission to

a. Eliminate discrimination based on a person’s affinity orientation

b. Fix a cap on the compensation provided to top managers of publicly held companies

c. Investigate the barriers to female and minorities advancement in the workplace

d. Protect transgender employees from discrimination in the workplace

5. The police chief of the city of Grande Coast reassigns female patrols officers away from high crime areas because people living in such areas do not want female officers guarding them. They feel that female officers are not capable of performing their duties as efficiently as male officers. The female police officers of Grande Coast

a. Can bring an action for gender discrimination under Title Vii of the Civil rights Act of 1964 as customer preference is not a protected reason to discriminate

b. Cannot bring an action for gender discrimination under the Title VII of the Civil Rights Act of 1964 because of the chiefs suggestion is intended to protect the safety of female officers

c. Can not being an action for gender discrimination as employees working for the government are not covered under Title VII of the civil rights act of 1964

d. Can bring an action under Title VII of the Civil rights act of 1964 only if the transfer results in a pay differences between male and female officers

6. Examples of gender bias in the workplace include all of the following except

a. A female employee is required to wear make up at work pursuant to a dress code policy

b. Pay rates that differ significantly between similarity qualified male and female employees

c. A female employee is denied a promotion because she missed several days of work to care for sick children

d. A male employee is denied a leave of absence to care for his newborn daughter

7. All of the following are true of fetal protection policies except

a. Are policies adopted by an employee that limit or prohibit employees from performing certain jobs or working in certain areas of the workplace because of the potential harm presented to pregnant employees their fetus or the reproductive system or capacity of employees

b. Should consider whether adverse effects extend to men and if they do should provide protections for the men too

c. Should never be applied to men in the workplace

d. It can be problematic when they take away job discrimination protection from a female employee rather than letting her make her own decisions

8. Gender is often accepted by the courts as a bona fide occupational qualification (BOFQ) defense

a. True

b. False

9. Allyson, a mid-level manager at OXY-Chemicals has always had female’s assistants and is concerned that they are much less qualified than their male counterparts. When the assistant position opens up she instructs HR to hire a male assistant for her and will not even interview female candidates. Is Allyson and /or Oxy-chemicals in violations of Title Vii of the civil rights act

a. Allyson is in violation of Title VII but not Oxy. HR is only following directions from Allyson

b. Neither Allyson nor Oxy are in violations of Title Vii because Allyson is only mid-level manager, and this is not a company policy

c. Both Allyson and oxy can be liable of the Title Vii violation for not considering qualified female candidates for the job

d. Only Oxy HR can be found in violation of Title VV because they know or should have now that it is not appropriate to consider only male candidate for the position

10. Smith Paving Inc has a contract to construct a new bypass around the city. The project is approximately 23 miles from the employer’s office. Kelly and Portia are hired to keep track of the supplies delivered to the site. They are the only female employees working at this job site. Smith installs a portable restroom at the construction site, but it lacks the necessary facilities required by women and is not safe enough to be used by them. Thus, Kelly and Portia take breaks and drive back to the office to use their office restrooms. However, the foreman complains that their breaks are too long. After the complaint Kelly and Portia ask their employer to install a separate restroom for women. Which of the following is true in this situation?

a. Kelly and Portia request for a separate restroom constitutes gender discrimination and the employer cannot comply without liable under Title VII of the Civil Rights Act of 1964

b. Kelly and Portia request for a separate restroom should be granted as not taking into consideration legitimate differences between genders can be unlawful

c. The employer has no legal obligation to provide separate restrooms unless state law requires it

d. The employer can terminate Kelly and Portia for demanding a separate restroom on the basis of BFOQ qualification

1. Under the Immigration Reform and Control Act (IRCA) if an employee gains employment with false documentation but then later obtains proper work authorization his/her employer

a. Must notify Dept of Homeland Security so that the employee can be prosecuted for perjury

b. Should correct the relevant information on the employment eligibility verification form I-9

c. Should fire the employee for misconduct based on falsification on the employment application

d. Must notify the Immigration and Naturalization Service so that the employee can be deported

2. One an employee has articulated a prima facie case of discrimination based on national origin, the burden falls on his/her employer to

a. Identify a BFOQ

b. Prove that there has been a violation of the doctrine of promissory estoppel

c. Establish that no other employee was subjected to such disparate treatment

d. Show that the employee belongs to a protected class

3. To successfully claim discrimination based on national origin an employee must demonstrate off of the following except

a. The employer made a decision against the applicant

b. The applicant was a member of a protected class based on gender race or another Title VII category beside national origin

c. The position was filled by someone who was not a member of a protected class

d. The applicant was qualified for the position for which he/she applied

4. The IRCA required that a court find an employer liable for national origin harassment even if most would say that the conduct is not offensive, and the individual involved is just overly sensitive

a. True

b. False

5. Which of the following is an employer’s responsibility under the IRCA?

a. Accepting a green card for the purposes of form I-9

b. Storing Form, I-9 records in employee personnel files

c. Making threats of reporting an employee to the INS in retaliation for discrimination complaints or other protected activity

d. Asking assistance from the INS when a document submitted by an employee or an applicant does not reasonably appear to be genuine

6. The IRCA

a. Applies to employer with 3 or more employees

b. Required knowledge and intent to discriminate

c. Applies regardless of the employer’s knowledge or intent

d. Allows employers to knowingly hire those legally authorized for employment in the US

7. Vicente a Mexican American is 5’5 tall which’s the average height for Mexican American men. He applies for a job as a mechanic with Rev motors but is not hired as de does not meet the minimum height requirements for the positions, which is 5’8 if the height measurements cannot be justified by business necessity, which of the following will hold true in this scenario

a. Vicente has a national origin discrimination claim under Title VII of the Civil Rights Act of 1964 if he can show that the height requirement adversely impacts Mexican Americans

b. Vicente has a national origin discrimination claim under IRCA of 1986 because he is a member of the protected class

c. Vicente does not have a national origin discrimination claim as long as he is a citizen of the US

d. Vicente has a national origin discrimination claim because Rev Motors applied the height requirements to all applicants

8. The EEOC created a special classification “Code Z” to designate complaints from undocumented workers regarding workplace abuses

a. True

b. False

9. Magda comes to work in clothes that are highly reflective of her national origin. This happens to violate the dress code of her workplace. After being politely asked to follow the office dress code several times by her supervisor. Magda is finally asked to return home and change into clothing that conforms to the company’s dress code. Which of the following holds true if Magda decides to file a discrimination claim based on national origin

a. Magda has a claim under Title Vii of Civil Rights Act of 1964f for national origin discrimination because it guarantees her the right to freedom of cultural expression

b. The employer can defend the dress code if it can show that Magda’s attire overlaps with her religion

c. Magda’s employer can defend the dress code because Title VII of Civil Rights Act of 1964 does not require an employer to accommodate an employees attire of national origin

d. Magda has a claim1 under the Title Right’s Act of 1964 for national origin discrimination if she can prove that her attire does not encourage other employees to dress causality

10. Cramer Corporation has an immediate need for large group of workers to fulfill project. Although it allowed its normal hiring processes in some cases shortcuts were taken in the interest of getting the workers on board as quickly as possible. As a result, Cramer inadvertently hired some worker without proper documentation. Which of the following best describes Cramer’s liability I this situation?

a. There is no liability for Cramer. If the undocumented workers are discovered the consequences are for them and not for the company

b. Cramer is liable for failure to obtain proper documentation showing that the workers were eligible to work in the US. Further corporate officers of Cramer can be held personally liable for failure to satisfy these requirements. Civil and criminal penalties may apply

c. Cramer didn’t’ know that the workers weren’t eligible to work in the US therefore it cannot be held liable

d. Only the person in charge of hiring at Cramer will be held accountable for bringing in undocumented aliens

1. Which of the following were missing from the workplace?

a. Equal access and opportunity

b. Monitoring of employee appraisals and/or total compensation

c. Neither A or B

d. Both A and B

2. Effective ways of handling racial discrimination in the workplace include all of the following except

a. Provide a positive non-threatening constructive forum for the discussion of racial issues

b. Make sure that there is a top-down message that the workplace will not tolerate eave discrimination in any form

c. Downplay the employee’s complaint telling the employee that he or she must be mistaken without performing an investigation

d. Require training in racial awareness and sensitivity for all employees

3. Aaron an African American with a meritorious law degree is hired as the first black associate at a prestigious law firm under an affirmative action recruiting program. He handles routine assignments outstandingly. After a few months Aaron realized that unlike the other first-year associated he is being given less complex project’s which prevents him from growing at his job. Having asked for more challenging work Aaron is told that the work he is being given is what is expected out of him and is appropriate for his level of experience. Aaron files a complaint of race discrimination with the EEOC. In this scenario Aaron may have

a. No basis for a complaint of race discrimination because his job was not affected by his assignments

b. No basis for a complaint of race discrimination due to the business necessity defense

c. A basis for a claim of discrimination because he is being treated differently from others who are similarly situated and not if his race

d. A basis for a claim of discrimination under the BFOQ defense

4. Title VII of Civil Rights Act of 1964 ban no racial discrimination applies

a. Only to black people

b. Specifically, to black and Hispanic people

c. To all citizens equally

d. To all member countries of the United Nations  

5. An employer can avoid liability for racial harassment by showing that the

a. Employer himself/herself did not directly perpetrate the harassment

b. Employee is not a member of a protected group

c. Employer took prompt corrective remedial action to address the situation

d. Employee was not subjected to physical abuse

6. Which of the following is an effective management practice to avoid claims of race discrimination from employees?

a. When an employee reports racial harassment attempt to downplay what occurred

b. Reduce diversity within the workplace as much as possible

c. Provide a positive non-threatening constructive forum for discussion of racial issues

d. Promote the belief that race discrimination cannot occur in the workplace involved  

7. Deana, a light-complexioned African American is the manager of the cosmetics department at a large retail store. She does not promote Indigo, a brown-complexioned African American who is otherwise eligible for the promotion because she believes that customers prefer lighter skinned cosmetic consultants. Thus, Indigo

a. Does not have a color discrimination claim under Title VII of the Civil Rights Act of 1964 because Deana was only trying to improve sales of the retail store.

b. Has a discrimination claim under Title VII of the Civil Rights Act of 1964 because color discriminate can occur between members of the same race

c. Does not have a color discrimination claim under Title VII of the Civil Rights Act of 1964 because Deana did not show any pervasive racial discrimination against Indigo

d. Has a discrimination claim under the Title VII of the Civil Rights Act of 1964 because of the BFOQ defense

8. When researchers reference “new racism” they are referring to

a. The idea that whites think everything is fair for everyone, so nothing needs to be done to ensure equal opportunity any more

9. Mia is brown skinned Latina who works the morning shift as a waitress at the Waterville Diner. Mia is later assigned the night shift. And Elena a light-skinned Latina who is a new employee at the diner replaces Mia in the morning shift. When Mia complaints to eh manager that according to the company’s policy only new employee who are in training are assigned night shifts the manager says that he would be willing to reconsider his decision if Mia can improve her complexion. Which of the following holds true in this scenario?

a. Mia can bring a claim of discrimination under the Title Vii of Civil Rights Act of 1964 based on race

b. Mia can bring a claim of discrimination under the Title VII of Civil1 Rights Act of 1964 based on color

c. Mia cannot bring a claim of discrimination under Title VII of Civil Rights Act of 1964 because she does not belong to a protected class

d. Mia cannot bring a claim of discrimination under Title VII of Civil Rights Act of 1964 because both she and Elena are from the same race

10. Some employees hung a noose in the workplace as a joke directed toward those who lost a Super Bowl bet. Upon seeing the noose, Robert a black employee is intimidated and reported the incident to company management. The management investigates immediately and asks the perpetrators to apologize for their actions. Also, the management sends out a message to all employees explaining the history of the noose as a symbol of racial hatred. In spite of the management’s efforts. Robert filed a complaint of discrimination based on racial harassment. Which of the following is likely true in this scenario?

a. Robert will not be able to prove racial harassment because of the BFOQ defense

b. Robert will be able to prove racial harassment because hanging a noose is commonly known as a symbol of the use of lynching to terrorize African Americans

c. Robert will not be able to prove racial harassment because this incident was not racially motivated, and management took immediate corrective action

d. Robert will not be able to prove racial harassment because management should have fired the employees who hung the noose to prevent future issues

Reference no: EM132165023

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