Deck 11: National Origin Discrimination

Question 1

Matching
a. English proficiency rules
b. direct evidence of national origin discrimination
c. language
d. example of prohibited national origin discrimination
e. legitimate business reason for English-only rule
f. national origin discrimination
g. whether accent interferes with job performance
h. absolute rules
i. citizenship
j. limited rules
A requirement that employees or job applicants have the ability to write, speak, and understand
English at a given level of proficiency.

Answer 1

a

Question 2

Matching
a. English proficiency rules
b. direct evidence of national origin discrimination
c. language
d. example of prohibited national origin discrimination
e. legitimate business reason for English-only rule
f. national origin discrimination
g. whether accent interferes with job performance
h. absolute rules
i. citizenship
j. limited rules
Adverse employment actions based on a person's (or his or her ancestors') place of origin or the
"physical, cultural, or linguistic characteristics of a national origin group."

Answer 2

f

Question 3

Matching
a. English proficiency rules
b. direct evidence of national origin discrimination
c. language
d. example of prohibited national origin discrimination
e. legitimate business reason for English-only rule
f. national origin discrimination
g. whether accent interferes with job performance
h. absolute rules
i. citizenship
j. limited rules
Rules that apply at all times and in all places while the employee is at work.

Answer 3

h

Question 4

Matching
a. English proficiency rules
b. direct evidence of national origin discrimination
c. language
d. example of prohibited national origin discrimination
e. legitimate business reason for English-only rule
f. national origin discrimination
g. whether accent interferes with job performance
h. absolute rules
i. citizenship
j. limited rules
Key determination in accent discrimination cases.

Question 5

A challenge can be mounted to an English-only rule in a case where the rule may decrease the effec-
tiveness of communication and therefore interfere with the ability of a person whose primary lan-
guage is not English to learn safety procedures and to properly respond to emergencies.

Question 6

Matching
a. English proficiency rules
b. direct evidence of national origin discrimination
c. language
d. example of prohibited national origin discrimination
e. legitimate business reason for English-only rule
f. national origin discrimination
g. whether accent interferes with job performance
h. absolute rules
i. citizenship
j. limited rules
Statements by the employer, such as that it has prohibited the speaking of Spanish at work but
not other languages "because persons speaking Spanish are generally loud and disruptive" that
indicate a bias against members of a particular group.

Question 7

Ethnic slurs and other harassment based on national origin or ancestry are unlawful.

Question 8

Matching
a. English proficiency rules
b. direct evidence of national origin discrimination
c. language
d. example of prohibited national origin discrimination
e. legitimate business reason for English-only rule
f. national origin discrimination
g. whether accent interferes with job performance
h. absolute rules
i. citizenship
j. limited rules
Height or weight specifications that are not related to successful job performance.

Question 9

Accent discrimination is not actionable under the national origin protection of Title VII.

Question 10

Matching
a. English proficiency rules
b. direct evidence of national origin discrimination
c. language
d. example of prohibited national origin discrimination
e. legitimate business reason for English-only rule
f. national origin discrimination
g. whether accent interferes with job performance
h. absolute rules
i. citizenship
j. limited rules
Not one of the ethnic traits that comprises national origin.

Question 11

Matching
a. English proficiency rules
b. direct evidence of national origin discrimination
c. language
d. example of prohibited national origin discrimination
e. legitimate business reason for English-only rule
f. national origin discrimination
g. whether accent interferes with job performance
h. absolute rules
i. citizenship
j. limited rules
Ensuring that management understands what is being said in order to effectively evaluate
employees in all work-related communications.

Question 12

In various cases the EEOC has held that English-only rules could constitute national origin dis-
crimination.

Question 13

According to the EEOC guidelines, an English-only rule that is applied at all times in the work-
place constitutes a burdensome term and condition of employment.

Question 14

Statistical evidence may not be used to establish that an English-only rule has been applied differ-
ently to similarly situated employees of a different national origin than that of the charging party.

Question 15

There is no national origin discrimination when the choice is between two individuals from the same national origin group.

Question 16

Matching
a. English proficiency rules
b. direct evidence of national origin discrimination
c. language
d. example of prohibited national origin discrimination
e. legitimate business reason for English-only rule
f. national origin discrimination
g. whether accent interferes with job performance
h. absolute rules
i. citizenship
j. limited rules
One of the ethnic traits included in the definition of national origin.

Question 17

EEOC guidelines prohibit discrimination on the basis of marriage to or association with persons, membership in organizations, or attendance at schools or churches associated with a national origin group.

Question 18

An employer may have a rule requiring that employees speak only in English at certain times if
the employer can show that the rule is justified by necessity situations in which employees are
required to speak English while dealing with customers or while in areas of the employer 's
premises that are open to the public.

Question 19

It is not unlawful to prefer someone for employment or promotion because the individual was born in the United States over someone from another country.

Question 20

Matching
a. English proficiency rules
b. direct evidence of national origin discrimination
c. language
d. example of prohibited national origin discrimination
e. legitimate business reason for English-only rule
f. national origin discrimination
g. whether accent interferes with job performance
h. absolute rules
i. citizenship
j. limited rules
Rules that require employees to speak only in English at certain times, (such as working hours),
or in certain places (such as while in the presence of customers).