Deck 4: Valuing Diversity: Stereotyping V.Inclusion

Question 1

The Americans with Disabilities Act requires businesses to make accommodations for the disabled,no matter what the cost.

Answer 1

False

Question 2

To establish a prima facie case of religious discrimination,the employee has to show all of the following except which one:

A)That religion has been a significant part of the employee's life for a significant amount of time.
B)That the employee has a sincerely held religious belief.
C)That the employer was on notice that the religious belief was in conflict with the employer's request.
D)That there was a negative employment action based on a conflict between the religious belief and the employment requirement.

Answer 2

A

Question 3

Title VII specifically addresses the issues of affirmative action,sexual harassment,and same-sex marriage.

Answer 3

False

Question 4

List six of the seven laws or court decisions leading to our current views on sexual harassment.

Question 5

The law is concerned with discrimination as well as work/life balance (giving people a fair opportunity to take care of personal health issues).According to the text,these two concerns have been addressed nicely by eliminating the ability to discriminate based on caregiver status.

Question 6

Describe the term heightened scrutiny.What do the courts use to determine which type of scrutiny to use?

Question 7

All of the following are true statements regarding the Family and Medical Leave Act (FMLA,29 U.S.C.§§ 2601,et seq. ),EXCEPT which of the following?

A)An eligible employee is entitled to take 12 weeks of unpaid leave in any 12-month period.
B)Every personal or family emergency qualifies for FMLA leave.
C)Under most circumstances,the employer must reinstate employees when they return from leave.
D)An eligible employee is entitled to take paid leave because of the birth of a son or daughter.

Question 8

The Supreme Court has defined sex discrimination under Title VII of the Civil Rights Act of 1964 to include sexual harassment (both opposite-gender and same-gender).The Court has defined quid pro quo and hostile environment harassment.The Court has not defined it to protect someone against discrimination or harassment based on sexual orientation or preference,or transgender status.Discuss whether Title VII should be expanded to include those issues.

Question 9

A mayor serving in a major metropolitan area receives an internal memorandum indicating personnel at many police stations are single-race.At the time of the report,thirty percent of the police force was black or Hispanic.She immediately calls a press conference and orders transfer of police officers to achieve racial balance across the city.The transferred police offers sue on constitutional grounds.Assuming just these facts,what is the strongest argument that might be advanced by the transferred officers based on constitutional grounds?

A)Executive action by the mayor is unconstitutional because there was no rational relationship to a valid governmental purpose.
B)The action is "void for vagueness" since transferred police officers must unnecessarily guess at the underlying public policy of the transfer process.
C)The mayor's policy used race as the basis for transfers,and assignments are subject to strict scrutiny.
D)The transfer can be set aside based on intermediate or heightened level of scrutiny.

Question 10

What must a plaintiff show to make a prima facie case of hostile environment sexual harassment?

Question 11

Employment practices without business justification applied to all employees that result in a less favorable effect for one group than for another group may state a claim for:

A)disparate treatment
B)disparate impact
C)inclusion
D)reasonable accommodation

Question 12

Equal protection is the constitutional guarantee:

A)that empowers Congress to regulate equally distributed commerce with foreign Nations,and among the several States,and with the Indian Tribes.
B)that laws made in pursuance of the Constitution and all treaties made under the authority of the United States shall be the equally protected as the "supreme law of the land."
C)embodied in the Fourteenth Amendment to the U.S.Constitution.
D)that grants and distributes power and responsibilities to national and state governments.

Question 13

The Equal Employment Opportunity Commission (EEOC)favors English-only rules because they decrease the ability for people to stereotype based on national origin or ethnicity and thus decrease illegal workplace discrimination.

Question 14

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race,color,religion,sex,or national origin.Which of the following federal government agencies is charged with enforcing this statute?

A)U.S.Department of Labor
B)Merit Systems Protection Board
C)Office of Personnel Management
D)Equal Employment Opportunity Commission

Question 15

John Smith was assaulted on the loading dock by a coworker,Jim Jones,at the Acme Widget Company.The attack was unprovoked by Smith.After the physical assault,there was an angry verbal exchange between the parties.The incident ended when Jones yelled that Smith was a "sissy" and "everybody knows you're queer as a three dollar bill." Which of the following statements best describes the outcome of the harassment lawsuit filed by Smith under The Civil Right Act of 1964?
I)Sex discrimination is prohibited by federal law (The Civil Right Act of 1964).
II)Sexual orientation discrimination is prohibited by federal law (The Civil Right Act of 1964).
III)Suits based on harassment due to sexual orientation cannot prevail when based on local or state laws.
IV)Sexual orientation discrimination is not prohibited by federal law (Title VII).

A)I only
B)II only
C)III only
D)I and IV