Deck 7: National Origin Discrimination

Question 1

Marlene applied for a job as a travel agent.At the time,she was five months pregnant.Agnes,the manager told her that the company was very interested in hiring her because her references were excellent,but she should reapply after she had the baby and had found reliable day care.Marlene has no recourse under Title VII for gender discrimination.

Answer 1

False

Question 2

Spiffy Autobody,Inc.pays Eileen less than it pays Jose for doing the same job on the grounds that Jose has more seniority.Eileen does not have a claim under the Equal Pay Act.

Answer 2

True

Question 3

The local T.V.station has an opening for evening sports caster.Yvonne,a recent graduate with a degree in broadcast journalism,applied for the job.She was told that they had to hire a man because the job required covering the local high school football teams and spending time in the locker rooms.Yvonne was not hired.

A)Yvonne has no claim for gender discrimination because the employer can use BFOQ as a valid defense.
B)Yvonne has a valid claim for gender discrimination and BFOQ cannot be used as a defense because the interviews of the players can take place outside the locker room.
C)Yvonne has no claim for gender discrimination because the employer can hire anyone he wants to represent his T.V.station.
D)None of the choices are correct.

Answer 3

B

Question 4

Employers can bar women from working in certain areas of the facility in order to guard against potential harm to an unborn fetus or to a female's reproductive organs without incurring liability for gender discrimination.

Question 5

The terms equal pay and comparable worth are two different ways of expressing the same idea.

Question 6

The Foggy Bottom Sheriff's Department requires all applicants for deputy sheriff to pass a pre-employment agility test.It requires that an applicant to do 30 sit-ups in one minute,25 pushups with no time limit,run 300 meters in 1 minute 11 seconds and drag a 165 pound dummy for a distance of 40 feet in 1 minute.Lisa McGregor fails the test.There are no female deputy sheriffs in the department.

A)Lisa has a valid claim for gender discrimination because the requirements of the agility test are too strenuous for most women.
B)Lisa has a valid claim for gender discrimination because the requirements of the agility test are just a subterfuge to avoid a claim of discrimination for screening applicants by height and weight.
C)Lisa does not have a valid claim for gender discrimination if the department can show that the agility test,as composed,is job-related and necessary.
D)Lisa does no have a valid claim for gender discrimination because the requirements of the agility test are not too strenuous for some women.

Question 7

The Equal Pay Act,as codified in the Civil Rights Act of 1991 permits an employer to pay females less than males for the performance of jobs that require equal skill,effort and responsibility,provided that

A)the difference is based on a seniority system.
B)the difference is based on a merit system.
C)the difference is based on a piece work system.
D)All of the choices are correct.

Question 8

Boyd Myers is CEO of Dogwood Enterprises.He is having an affair with Sandra Ralston,the company's Director of Manufacturing.The Vice-President of Manufacturing position became available and Carlton Mathews applied.Boyd gave the job to Sandra.

A)Carlton can prevail on a claim of gender discrimination because he is of a different gender than the employee who received preferential treatment based upon a romantic relationship.
B)Carlton can prevail on a claim of gender discrimination because the sexual attraction and satisfaction that motivated the discrimination are inseparable from the paramour's gender.
C)Carlton can prevail on a claim of gender discrimination because it is important to eliminate workplace sexual favoritism
D)None of the choices are correct.

Question 9

Dahlia is a photography analyst.She reviews photographs for placement in a stock images catalog.Her male colleagues,who review photographs for placement in a stock images catalog,are image technicians.She complains that she is paid less for doing the same work as them.

A)Dahlia will prevail on a claim under the Equal Pay Act if the jobs require equal skill,effort and responsibility.
B)Dahlia will not prevail on a claim under the Equal Pay Act because the wage rates for these jobs have been historically different.
C)Dahlia will not prevail on a claim under the Equal Pay Act because the company hired image technicians before it hired photography analysts so all of the technicians have more years with the company than she does.
D)Dahlia will prevail on her claim under the Equal Pay Act if she can show that her job has a photography analyst is more productive than an image technician is safe from liability under the Equal Pay Act.

Question 10

Based on a case study in The American Journal of Forensic Psychiatry in which it was found that a jury would consider a female defense attorney as bolstering the credibility of a male defendant,John,a defendant in a case involving allegations of sexual harassment and rape insists that the firm of Elliot and Ness put a female attorney in charge of his criminal case.The firm has 11 attorneys (four female and 11 male).One of the male attorneys feels that he is more qualified to handle the case and objects to assigning a female attorney based on John's preference.If the law firm assigns a female attorney to John's case,it is

A)not a violation of Title VII because it is a BFOQ based on the case study.
B)a violation of Title VII because it is based on customer preference.
C)not a violation of Title VII because John can articulate a legitimate nondiscriminatory reason for his preference.
D)a violation of Title VII because the law firm has more than twice as many male attorneys as female attorneys.

Question 11

Stephanie is transgendered.Prior to becoming a woman,she was employed in the accounting department at Wright Brothers,LLC.She was fired after reporting to work dressed as a woman.

A)Stephanie has a cause of action under Title VII for gender discrimination against her former employer because she was fired for being transgendered.
B)Stephanie does not have a cause of action under Title VII for gender discrimination because discriminating against transgendered persons is not considered gender discrimination.
C)Stephanie does not have a cause of action under Title VII for gender discrimination because she did not file the action before she became a woman.
D)Stephanie has a cause of action under Title VII for gender discrimination because she is legally considered a woman.

Question 12

Corinna is a sales representative for The Word Was Good,a distributor of religious books.Corinna lives with her boyfriend.She is pregnant.Her sales manager tells her that she cannot keep her job because having an unwed pregnant sales representative,and,later on,an unwed mother,is bad for The Word's image.Corrina feels that her employer's action is discriminatory.

A)Corrina cannot bring a case under Title VII because it is a business necessity for sales representatives of The Word Was Good to present a wholesome image.
B)Corrina can bring a case of gender plus discrimination under Title VII.
C)Corrina can bring a case of disparate impact gender discrimination under Title VII because the concept of wholesomeness has an adverse impact on women.
D)Corrina cannot bring a case under Title VII because it is a BFOQ for sales representatives of The Word Was Good to present a wholesome image.

Question 13

It is not discriminatory for employers to cover the cost of erectile dysfunction medication in their health plans,while denying coverage for female contraceptive medication,because the former is a medical condition,whereas the latter is a life-style choice.

Question 14

Deirdre is a zookeeper.She has a bachelor's degree in wildlife biology.She has been working at the African Adventure Wildlife Park and Refuge for fifteen years.About six years ago,she realized that she was being paid less than eight of the other twenty zookeepers at African Adventure.One of the eight male zookeepers has a bachelor's degree in zoology.Five of the male zookeepers have associate of arts degrees in animal care and two learned on the job after starting as volunteers.All zookeepers perform roughly the same duties but for different types of animals.She complained to management,which did a study of zoo keeper pay at African Adventure but did not change her salary.If Deirdre files a complaint under the Equal Pay Act,she can

A)show that African Wildlife had an intention to discriminate on the basis of gender.
B)show that African Wildlife had committed a reckless violation of the Equal Pay Act.
C)show that African Wildlife failed to recognize the importance of a degree in wildlife biology.
D)All of the choices are correct.

Question 15

Whenever the duties of the job require close contact between the employee and the customer,an employer can assert the Bona Fide Occupational Qualification (BFOQ)defense to allegations of gender discrimination.

Question 16

Conrad Parker owns Inner Serenity Salon and Day Spa.He also sells a line of cosmetics called Conrad Parker.Conrad requires all makeup artists to wear black.The men must wear black pants and black T-shirts.The women must wear black skirts,black sweaters and high heeled shoes.Conrad believes that the makeup sells better if the females are dressed in a feminine way.He fired Selena for wearing pants to work.She will win her gender discrimination lawsuit.

Question 17

When an employer requires all its female employees to dress femininely,the jobs held by those employees are called "pink-collar" jobs.

Question 18

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.

Question 19

A 270-pound woman who lost a promotion to a woman who was "thinner and cuter," can make a case for gender discrimination under Title VII because overweight women are routinely discriminated against in the workplace.

Question 20

Women who are excluded from positions based on height and weight requirements can prove discrimination

A)unless there was no discriminatory motive behind the challenged policy.
B)unless the height and weight requirements can be proven to be directly correlated to the ability to do the job.
C)unless the height and weight requirements also screen out some men.
D)None of the choices are correct.

Question 21

Due to Title VII of the Civil Rights Act

A)the wage gap between men and women has been eliminated for positions requiring a college degree.
B)gender discrimination occurs in less than half of the states.
C)women have made tremendous gains in the workplace.
D)All of the choices are correct.

Question 22

Smith Paving,Inc.has a contract to construct a new bypass around the city.The project is approximately 23 miles from Smith's office.Kelly O'Neal and Portia Davis were hired to keep track of the supplies delivered to the site.They were the only females working at this job site.Smith has installed portable restrooms at the construction site.Initially,Kelly and Portia would take breaks and drive back to the office to use the restroom because the on site restrooms were unsanitary.However,the foreman complained that these breaks took too much time.Kelly and Portia asked Smith to install a portable "female only" restroom because the others were unsanitary and could lead to urinary tract infections in females.

A)Kelly and Portia's request for a separate restroom constitutes gender discrimination and Smith cannot comply without being liable under Title VII.
B)Kelly and Portia's request for a separate restroom should be granted unless installing the separate portable restroom would be an unreasonable financial burden Smith.
C)Smith has no legal obligation to provide separate restrooms unless state law requires him to do so.
D)Smith can terminate Kelly and Portia for leaving the job site to use the restroom.

Question 23

Katie Fleming is a qualified carpenter just like her father and 4 brothers.She applied for a job with Kent Construction,LLC.Katie was assigned to work on the current project.A number of her co-workers complained saying they did not want to work with a woman and would not work with a woman.The entire crew threatened to walk off the job.Katie was subsequently terminated.

A)Kent Construction is not liable for gender discrimination because of the business necessity defense.
B)Kent Construction is not liable for gender discrimination and can use BFOQ.
C)Kent Construction is liable for gender discrimination since Katie was fired because she was a woman.
D)None of the choices are correct.

Question 24

The term " glass walls" refers to

A)workplace conditions and stereotyping that prevent women from moving to high level jobs in the workplace.
B)workplace conditions and stereotyping that result in women in the workplace always being closely observed no matter what they do.
C)workplace conditions and stereotyping that prevent women from moving laterally into areas that lead to higher advancement.
D)internships for women and minorities that allow them to advance to higher level jobs based on observing men who have leadership positions in the workplace.

Question 25

A significant exception to the gender based wage gap in professional positions is in the occupation of

A)medical doctors.
B)lawyers.
C)university professors.
D)None of the choices is correct.

Question 26

Jill and Seth,recent graduates,were hired as computer analysts for HRJ Enterprises.In a conversation over lunch,Jill discovered that Seth's salary was 15% higher than hers.Assuming that she was being paid less because she was female,Jill contacted the human resources department demanding that her salary be increased by 15%.She was told that Seth had violated company policy by discussing his salary.Seth told Jill later that the company lowered his salary by 15%.

A)Jill does not have a claim for discrimination under the Equal Pay Act because the company remedied the wage discrepancy by lowering Seth's salary.
B)Jill does have a claim for discrimination under the Equal Pay Act because the company remedied the wage discrepancy by lowing Seth's salary.
C)Jill would only have a claim under the Equal Pay Act because Title VII does not address gender discrimination relating to compensation.
D)Jill does not have a claim for discrimination because employers are free to set initial salaries without incurring liability under the Equal Pay Act or Title VII.

Question 27

Eric and Jessica are hired as coaches at Herbert Hoover High School in the same year.Harry coaches boys' tennis and Jessica coaches girls' tennis.The jobs also require them to each teach physical education classes approximately 50% of the time.Both have a bachelor's degree in education and neither had prior teaching experience.Eric hosts a weekly radio show on current events at Hoover.Eric's salary as coach is higher than Jessica's salary as coach.Jessica complains that her pay is discriminatory.

A)Jessica cannot prevail under the Equal Pay Act because her job does not require equal skill,effort,and responsibility as Eric's job because she does not also host a radio show for the school.
B)Jessica cannot prevail under Title VII of the Civil Rights Act because her job does not require equal skill,effort,and responsibility as Eric's job because she does not also host a radio show for the school.
C)Jessica can prevail under the Equal Pay Act or Title VII because she used to be a radio announcer before she became a teacher.
D)Jessica can prevail under the Equal Pay Act or Title VII because Eric is not required to use his radio announcer's skills to perform as a tennis coach.

Question 28

Solid Security Service hires male and female security officers.Solid only assigns the female employees to work at the local mall from 10:00 a.m.to 3:00 p.m.The company's rationale is that the mall is a low risk area for violent crime until 3:00 p.m.Male employees are allowed to work day and night shifts and are assigned to a variety of work sites.

A)Solid is not liable for gender discrimination because it can use BFOQ as a defense to any claim filed by its female employees.
B)Solid is not liable for gender discrimination because it employs men and women.
C)Solid is liable for gender discrimination because its male and female employees are being treated differently based on their gender.
D)Solid is not liable for gender discrimination because it pays all employees based on the same wage scale,regardless of gender.

Question 29

Harry and Sally work for Chemco Chemical Supply Company.Harry and Sally attended a concert out of town and failed to show up to work the following day.When they returned to work,Harry was given a verbal warning and Sally was terminated.

A)Sally has a claim for gender discrimination.
B)Sally does not have a claim for gender discrimination if the company policy provides for termination for unexcused absences from work.
C)Sally does not have a claim for gender discrimination if Harry has more seniority.
D)Sally does not have a claim for gender discrimination if she has more seniority.

Question 30

Cassidy applies for a job as a combination bartender and server at Victor's Casino and Resort Spa.The interview process includes a tour of one of the bar areas at the casino.Cassidy notices that the male bar tenders and servers are all wearing tuxedos.The female bar tenders and servers,who are also known as "Victor's Vixens," are all wearing thigh length,low cut,tight,black velour dresses and high heeled shoes.Towards the end of the interview,the manager asks Cassidy if she is willing to wear the required velour dress.Cassidy says that would not be a problem.Male and female bartenders and servers are given identical duties and wages.A week after starting the job,Cassidy decides that she doesn't want to wear the velour dress anymore.She complains to her manager about the dress but the manager says it is part of the job and Cassidy agreed to wear it.

A)Cassidy cannot complain under Title VII because she witnessed the dresses before starting work and agreed to wear one.
B)Cassidy has a valid Title VII claim because females are being treated differently than men regarding attire with no explainable job related justification.
C)Cassidy cannot complain under Title VII because being one of "Victors's Vixens" is a BFOQ for female bartenders and servers for this brand of casino.
D)Cassidy cannot complain under Title VII because casino customers prefer to have women dressed provocatively but don't care about the men.

Question 31

Laura Manning applied for a job as a firefighter.She was 5-feet-2-inches tall and weighed 110 lbs.Laura was denied the position because she did not meet the height and weight requirements of 5-feet-4-inches tall and 130 lbs.The fire department's height and weight requirements

A)are not discriminatory if it can be shown that there is a relationship between the height and weight of the firefighter and her ability to perform the job.
B)are not discriminatory because historically,firefighters have always been tall.
C)are not discriminatory because Title VII only applies to gender discrimination,not long-standing societal traditions.
D)None of the choices are correct.

Question 32

Mr.Tompkins,of Tompkins,Lawlor & Tompkins,Attorneys at law,was conducting an interview for a first year associate.He asked Misty Rabon if she was married and when she intended,if ever,to have children.His second interview was with Scott Naylor.He did not ask Scott either of these questions.

A)Misty Rabon has a claim for gender discrimination.
B)Misty Rabon does not have a claim for gender discrimination because she was never employed by the law firm.
C)Misty Rabon does not have a claim for gender discrimination because she was the only person that heard Mr.Tompkins ask the questions.
D)None of the choices are correct.

Question 33

The 1991 Civil Rights act created the "Glass Ceiling Commission"

A)to determine why black men were more likely to be promoted in spite of the glass ceiling.
B)to determine whether a "glass ceiling" exists.
C)to investigate the barriers to female and minority advancement in the workplace.
D)None of the choices are correct.

Question 34

Hooters' female only policy for its servers violates Title VII's prohibition of gender discrimination.Hooters could defend its policy in a gender discrimination lawsuit on the grounds that

A)customers prefer female waiters.
B)Title VII does not cover the food service industry.
C)being female is a BFOQ for their particular business because they are selling male oriented entertainment and not just food.
D)the exclusion of males began before the enactment of Title VII and Title VII does not reach situations that began before its enactment.

Question 35

Titanium Office Products has had a record breaking year in terms of sales and revenue.It decides to reward its top sales representatives.Fourteen of the top reps are men and 7 are women.Titanium gives each of the reps an overnight stay at a top luxury hotel.In addition,the company pays for each of the men to play a round of golf at the hotel and tells the men that they can each invite one client as a guest for golf and lunch.The women are each given a full day beauty treatment at the hotel's spa but no round of golf.The women complain that Titanium's rewards are discriminatory.

A)The rewards are gender neutral because men like to play golf and women like to get a spa beauty treatment.
B)The rewards are discriminatory because Titanium did ask the women if they wanted to invite one client for a spa treatment.
C)The rewards are discriminatory because they are based on gender stereotypes and affect the women's employment.
D)The rewards are not discriminatory because Titanium's rewards to its sales staff.are a gift beyond their regular compensation.

Question 36

The dress code for Bright View Home Decorating required employees to report for work dressed in "smart casual clothes." This meant that male employees could wear open collar sport shirts and women could wear slacks.However,when the district manager was scheduled to visit the Village of Upper Edge location,the Upper Edge store manager told the male employees to wear ties "because the district manager likes a professional look" and told female employees to wear skirts or dresses "because the district manager likes to see some leg." Under Title VII,female employees at the Upper Edge store

A)cannot complain because an employer has the right to set the workplace dress code.
B)cannot complain because both make and female employees have to dress to please the district manager.
C)can complain because it is harder to select an appropriate skirt or dress than an appropriate tie.
D)can complain because the difference in attire is based on gender and has no business necessity.

Question 37

Fetal protection polices

A)subject employers to tort liability on the basis of negligence for harm to the unborn fetus of an employee.
B)are prohibited by Title VII if the policy applies only to women.
C)are prohibited by Title VII if the policy applies to women and men.
D)None of the choices are correct.

Question 38

The male coaches of the men's baseball and ice hockey teams at Downstate Technological University ("D-Tech')receive bonuses for winning seasons.D-Tech does not have women's softball or ice hockey teams.D-tech has a women's gymnastic team and a women's volleyball team but no similar teams for men.The female coaches of the women's gymnastic team and the women's volleyball team do not receive bonuses for winning seasons.The coaches of the gymnastic team and the volleyball team allege pay discrimination based on sex/gender.

A)The coaches of the women's gymnastic team and the women's volleyball team can prevail in a case under the Title VII of the Civil Rights Act only if their jobs are substantially equal to the male coaches for baseball and ice hockey.
B)The coaches of the women's gymnastic team and the women's volleyball team can prevail in a case under the Title VII even if their jobs are not substantially equal to the male coaches for baseball and ice hockey.
C)The coaches of the women's gymnastic team and the women's volleyball team cannot prevail in a case under the Equal Pay Act because the each coaching position is unique based on the differences between sports.
D)The coaches of the women's gymnastic team and the women's volleyball team cannot prevail in a case under the Equal Pay Act because it is not traditional in the sporting world to pay bonuses for winning seasons in gymnastics and volleyball.

Question 39

The police chief of the City of Healing Springs has suggested that female patrol officers seek transfers away from high crime areas because he has heard rumors that male officers do not want to have female officers present in dangerous situations and might not support the female officers in the event that physical force is needed for policing.Healing Springs female police officers

A)can bring an action for gender discrimination under Title VII,.
B)cannot bring an action for gender discrimination under Title VII because the chief's suggestion is designed to protect the safety of the female officers.
C)cannot bring an action for gender discrimination under Title VII because the chief's suggestion is designed to protect the safety of the male officers.
D)can bring an action under the Equal Pay Act.

Question 40

All-American Tool & Die Company allows injured employees to work a "light duty" job until the employee is physically able to go back to regular work.Kimberly Cook is pregnant and has been advised by her physician not to engage in heavy lifting until after the baby is born.Kimberly took a letter from her physician and requested light duty work which would not require any lifting.Donaldson refused to allow Kimberly to work light duty.Kimberly was told that she could either take FMLA leave or resign.

A)Donaldson is not liable for under the Pregnancy Discrimination Act because providing "light duty work" is not required by law.
B)Donaldson is liable under the Pregnancy Discrimination Act because Kimberly is being treated differently than other employees with a short term disability.
C)Donaldson is not liable under the Pregnancy Discrimination Act because he gave her the option to take up to 12 weeks of unpaid leave.
D)None of the choices are correct.

Question 41

Little legislative debate and Congressional guidance exists on the proper interpretation of Title VII's prohibition of sex discrimination because:

A)the majority of the members of congress were confident that the meaning of the terminology was self-evident and that any attempt to explain it would lead to confusion.
B)virtually all members of congress,at that time,were men and,therefore,did not understand the concept of sex discrimination well enough to explain it.
C)most members of congress,at that time,were men who felt that the discussion of sexual matters in a public forum was unseemly and inappropriate for a legislative body.
D)a southern legislator and civil rights foe inserted the prohibition of sex discrimination in a last-minute amendment to the Civil Rights Act of 1964,in an attempt to bring about the bill's defeat.

Question 42

Ismeralda Marcus,a prolific shoe buyer,refuses to be waited upon by male shoe store clerks.The owner of Your Shoe Town therefore informs all of his male clerks that they may not wait on Ms.Marcus,because he does not want to anger his best customer.One of the male clerks believes that this is illegal gender discrimination,and that since part of his compensation is based on his sales volume,he feels that this policy illegally denies him the opportunity to earn compensation because of his gender.Is he correct?

A)Yes,because gender-based customer preferences are never legitimate.
B)No,because gender-based customer preferences are legitimate business concerns.
C)Yes,because gender-based customer preferences are not legitimate unless they implicate a legitimate privacy interest.
D)No,because the shoe business does not affect interstate commerce.

Question 43

How are the Equal Pay Act (EPA)and Title VII of the Civil Rights Act different and how might these differences affect an employee who is seeking relief against wage discrimination based on sex/gender.

Question 44

List and discuss 4 ways that management can deal effectively with the threat of gender discrimination.

Question 45

Under Title VII,sex discrimination includes:

A)sexual harassment,and discrimination on the basis of pregnancy,but not discrimination on the basis of affinity orientation,or discrimination on the basis of being transgendered.
B)sexual harassment,but not discrimination on the basis of pregnancy,discrimination on the basis of affinity orientation,or discrimination on the basis of being transgendered.
C)sexual harassment,discrimination on the basis of pregnancy,discrimination on the basis of affinity orientation,and discrimination on the basis of being transgendered.
D)disparate treatment on the basis of gender,sexual harassment,and discrimination on the basis of pregnancy,but not disparate impact discrimination on any basis.

Question 46

Victoria Williams has been employed by TEDCO for 3 years.During that time,she has been an exemplary employee,repeatedly receiving the honor of being named employee of the month.TEDCO has 150 employees,47 of them female,yet none of its female employees have young children.However,several of the male employees have young children.TEDCO provides health insurance and disability insurance for all full time employees.Victoria told a co-worker that she was pregnant.The co-workers warned her not to tell her supervisor,Brian.Victoria told Brian anyway,informing him that she intended to take 3 months off after she had the baby.Brian didn't like having pregnant women on his team.He thought they became inefficient,missed work due to "morning sickness" and to attend doctor's appointments,and were more emotional than non-pregnant workers.Furthermore,he didn't want Victoria to return to work after the baby was born because he didn't want to deal with the hassle of having an employee with a young child and all the potential issues that go along with it.Brian started to criticize Victoria's performance,claiming that her work was substandard and that she was not a productive member of the team.Brian fired Victoria in her 6thmonth of pregnancy.She found out later that Brian had fired another employee when she told him she was pregnant.Does Victoria have a valid claim for pregnancy discrimination against TEDCO? Explain the reasons for your answer.Does Victoria have a valid claim based on Brian's attitude towards women with young children? Again,explain your answer.

Question 47

A U.S.company employing female U.S.citizens abroad must comply with Title VII,with respect to its female U.S.-citizen employees:

A)unless the culture of the foreign country does not permit women to work with men.
B)unless it is culturally taboo to allow American women to work with women in the country in question.
C)even if the culture of the foreign country does not permit women to work with men,unless doing so would constitute a violation of the foreign country's law.
D)regardless of the law or custom of the foreign country in question.

Question 48

What is "gender stereotyping" and how does it result in gender discrimination?

Question 49

The Pair O' Dice Casino refuses to hire female bouncers,on the grounds that they are insufficiently strong and intimidating enough to effectively perform the job.During their trial for gender discrimination brought by a group of women denied jobs as bouncers at the casino,the general manager defended the policy,and offered as the only evidence of the policy's soundness that he,"and everyone else in the world can tell,by looking,that the physical capability of women is less than that of men." What kind of defense is the general manager asserting and will it be successful?

Question 50

The City of Lower Iberia pays for all of its firefighters who buy their firefighting gear (i.e.,coats,helmets and gloves)from one authorized vendor who gives the city a discount price based on the volume of equipment purchased.There department has 197 males and 11 females in its firefighting corps.The vendor carries only male-designed gear although vendors located in other cities sell firefighting gear made specifically for women.Marcelle Landry and Lula Bourque are female firefighters in Lower Iberia.They complain.

A)Marcelle and Lula will not prevail in a Title VII case because the men and women can buy the same uniforms.
B)Marcelle and Lula will not prevail in a Title VII case because City of Iberia saves money by having its entire firefighters buy their uniforms from the same vendor.
C)Marcelle and Lula will prevail in a Title VII case because requiring female firefighters to buy and wear male firefighting equipment makes it harder for them to do their jobs and subjects them to the risk of burns and injury due to improperly fit male-designed gear.
D)Marcelle and Lula will prevail in a Title VII case because the City of Iberia requires its firefighters to buy their gear instead of giving it to them as part of their official equipment.

Question 51

An employer may legitimately decide not to hire individuals of a given gender if:

A)doing so would pose a logistical hardship.
B)the employer's current employees families object to them working with an individual of a different gender than the current employees.
C)doing so would pose a logistical hardship that involves an unreasonable financial burden.
D)doing so would eliminate the BFOQ defense.

Question 52

Genevieve applies for a job as a security guard at a diamond mine.The primary job of security guards is to perform body-cavity searches on the miners,at the end of each shift,to ensure the miners are not stealing diamonds.Part of each guard's compensation is based upon the number of stolen diamond recoveries they accomplish by way of the searches.Since only male guards are assigned to search male miners and only female guards are assigned to search female miners,Genevieve is assigned to conduct searches exclusively on female miners.She files a claim of gender discrimination alleging that since male miners attempt more diamond thefts than female miners,the opportunity to augment her compensation through diamond recoveries is lower than that of male guards and,consequently,the policy of allowing her to search only women is having an illegally discriminatory,disparate impact on her compensation,on the basis of gender.Is Genevieve correct?