Deck 6: Race and Color Discrimination

Question 1

David Perez,who was born in Port Alice,Wyoming.Under the Guidelines on Discrimination Because of Religion or National Origin,the federal agency for which he works must take affirmative steps to ensure that he is not discriminated against on the basis of the fact that his parents are:

A)Mexican.
B)Southern European Italian Jewish.
C)Native American.
D)Black.

Answer 1

B

Question 2

Employers accused of discriminating in violation of the Immigration Reform and Control Act (IRCA)can use negligent discrimination as a defense to a claim for national origin discrimination based on disparate impact.

Answer 2

True

Question 3

An undocumented worker is entitled to back pay as a remedy if he or she makes a claim under:

A)the National Labor Relations Act (NLRA).
B)the Fair Labor Standards Act (FLSA).
C)the Immigration Reform and Control Act (IRCA).
D)All of the choices are correct.

Answer 3

B

Question 4

Undocumented aliens are considered to be employees within the meaning of the National Labor Relations Act but they cannot file a claim for retaliation under the Fair Labor Standards Act.

Question 5

Carlos Alverez,a Mexican American,is 5 feet 41/2 inches tall,which is the average height for Spanish-surnamed men.He applied for a job as a mechanic with Quick Lube.He was not hired because he did not meet the minimum height requirement for the position,which was 5 feet 8 inches.

A)Carlos has a claim for national origin discrimination under Title VII if he can show that the height requirement has a disparate impact on Spanish-surnamed Americans.
B)Carlos has a claim for national origin discrimination under the Immigration Reform and Control Act because he is a member of a protected class.
C)Carlos does not have a claim for national origin discrimination because he is a U.S.citizen.
D)Carlos does not have a claim for national origin discrimination because Quick Lube applied the height requirement to all applicants.

Question 6

While Title VII prohibits employment discrimination based on national origin,it also makes it unlawful for U.S.employers to hire aliens illegally in the U.S.

Question 7

Tang Li is employed by Henderson Corporation as a computer analyst.Once,in a fit of anger,Bob,his supervisor,used an ethnic slur in referring to Tang.Six months later,Bob yelled at Tang,calling him stupid.

A)Tang has a claim for harassment based on national origin under Title VII.
B)Tang does not have a claim for harassment based on national origin under Title VII because these two incidents,although offensive,would not create a hostile work environment.
C)Tang has a claim for harassment based on national origin because anytime an ethnic slur is used in the workplace,it constitutes harassment and the employer is liable.
D)Tang does not have a claim for harassment based on national origin because he did not report the first incident.

Question 8

In order to avoid liability,under Title VII,after an employee has proven a prima facie case of disparate treatment national origin discrimination,an employer must prove the following defense:

A)a Bona Fide Occupational Qualification.
B)a legitimate nondiscriminatory reason.
C)a political function exception.
D)a business necessity.

Question 9

In the case of Garcia v.Spun Steak,the court followed the EEOC's Guidelines and held that English-only rules in the workplace violate Title VII.

Question 10

City Hospital employed 5 workers of Middle Eastern descent in their maintenance department.The maintenance supervisor assigned all of them to clean the morgue and the basement.These employees were not allowed to work on any other floors or come into contact with patients.

A)City Hospital will be liable for national origin discrimination based on the Guidelines on Discrimination Because of Religion or National Origin.
B)City Hospital will be liable for national origin discrimination because it illegally segregated the employees based on their national origin.
C)City Hospital will not be liable for national origin discrimination because the FLSA allows employers to discriminate in favor of U.S.citizens.
D)City Hospital will not be liable for national origin discrimination based on the Court's ruling in Garcia V.Spun Steak Co.

Question 11

An employee will have a claim for national origin discrimination if she or he is treated differently at work because he or she married to a person of a certain ethnic heritage.

Question 12

Under the IRCA,employers with 4 through 14 employees are prohibited from discriminating on the basis of national origin.

Question 13

Under Title VII it is always illegal to discriminate against an employee based on his or her status as an alien or because the employee is not a U.S.citizen.

Question 14

The Guidelines on Discrimination Because of Religion or National Origin impose an obligation on federal agencies and government contractors to take affirmative steps to prevent discrimination against Asians,Native Americans,Blacks and Spanish-surnamed Americans.

Question 15

The prohibition against national origin discrimination in Title VII is subject to the political function exception which

A)disqualifies a naturalized U.S.citizen from running for President of the United States.
B)allows employers to discriminate against individuals who are illegal aliens.
C)allows discrimination against a non-citizen when the position is intimately related to the process of democratic self-government.
D)allows employers to discriminate against individuals whose national origin is a country with which trade has been outlawed by a presidential Executive Order or an act of Congress.

Question 16

A professor who speaks fluent English may be fired if his or her accent is so severe that students cannot understand what the professor is saying.

Question 17

In St.Francis College v.Al-Khazraji,the Supreme Court stated that 42 USC §1981 did not apply to claims for national origin discrimination.

Question 18

A claimant must prove discriminatory intent in order to prevail on a claim of disparate impact national origin discrimination under:

A)42 USC §1981.
B)the Immigration Reform and Control Act (IRCA).
C)Title VII
D)All of the choices are correct.

Question 19

EEOC guidelines state that employers can avoid liability for national origin discrimination after implementing an "English-only" rule if the employer can show that it is necessary:

A)for communication with customers who only speak English.
B)to promote efficiency for cooperative work assignments.
C)to promote safety in an emergency.
D)All of the choices are correct.

Question 20

Citizenship and national origin are synonymous.

Question 21

In Espinoza v.Farah Manufacturing Co.,the U.S.Supreme Court held that:

A)Congress did not intend the term "national origin" to mean citizenship requirements.
B)Congress intended the term "national origin" to mean citizenship requirements.
C)Congress intended the term "national origin" to mean the country in which your grandfather was a citizen.
D)Congress intended the term "national origin" to mean race and ethnicity.

Question 22

The distinction between the necessary proofs under Title VII and IRCA for a case alleging disparate impact is:

A)under Title VII,proof must be by a preponderance of the evidence,while under IRCA,proof must be beyond a reasonable doubt.
B)under Title VII,the plaintiff must prove that discrimination was willful and knowing,whereas,under IRCA,the discrimination need not be proved to have been intentional.
C)under Title VII,the plaintiff need not prove that discrimination was intentional,whereas,under IRCA,the discrimination must be proved to have been willful and knowing.
D)under IRCA,proof must be by a preponderance of the evidence,while under Title VII,proof must be beyond a reasonable doubt.

Question 23

Himiona wants to be a deputy sheriff in Outer Maple Grove County.Himiona,whose family is from New Zealand,has Maori ancestors.To honor his heritage,Himiona has a small moko tattoo across his cheeks and nose.Traditionally,moko was used to differentiate between and within Maori social classes,including stating regional or tribal affiliation based on the patterns and placement of the moko.The sheriff's department prohibits its deputy sheriffs from wearing visible tattoos.Himiona is told that he will need to remove his moko before he can apply to be a deputy sheriff.

A)Himiona will prevail on a claim for national origin discrimination under Title VII because his tattoo honors his heritage.
B)Outer Grove can defend against Himiona's claim because a law enforcement agency needs to have a uniform appearance and a dress code policy is permissible under Title VII as long as it is enforced on an equal basis.
C)Outer Grove can defend against Himiona's claim because a tattoo is not immutable.
D)Himiona will prevail on a claim for national origin discrimination under Title VII because his tattoo is small.

Question 24

Maria,a Mexican American,and Sophia,a white American,applied for jobs at Golden Enterprises.Maria was not hired.In order to prevail on a claim for national origin discrimination under Title VII,Maria must prove

A)that Sophia was not qualified for the job.
B)that Golden Enterprises cannot articulate a legitimate nondiscriminatory reason for hiring Sophia.
C)that Golden Enterprises has at least 10 employees.
D)that she was qualified for the job.

Question 25

If an employer enforces an English-only policy in all areas of the workplace and at all times,including break times and other free time,

A)the policy is presumptively discriminatory according to EEOC.
B)the employer is safer from a charge of national origin discrimination than an employer who only enforces the policy in certain areas and at certain times.
C)the employer impermissibly denies non-English speaking individuals their Title VII-protected right to express their cultural heritage.
D)the employer has no potential liability because all employees are required to speak English.

Question 26

Under the IRCA,employers

A)are required to verify the identity and authorization to work in the United States for all newly hired employees.
B)can fire an alien who fails to produce proof of employment eligibility with 10 days from the date employment begins.
C)must fire aliens who initially provide false employment eligibility documents and later furnish satisfactory documentation of employment eligibility.
D)All of the choices are correct.

Question 27

An English-only policy in the workplace:

A)will necessarily lead to an abusive environment for those whose primary language is not English.
B)does not violate Title VII as a matter of law.
C)may lead to an abusive environment for those whose primary language is not English.
D)is designed to deny non-English speaking individuals their protected right to express their cultural heritage.

Question 28

According to Garcia v.Spun Steak,facially neutral workplace policy will not cause a disparate impact with respect to a privilege of employment on the basis of national origin if:

A)the policy can be easily complied with and noncompliance is purely a matter of an immutable characteristic.
B)the policy can be easily complied with but noncompliance is not a matter of individual preference.
C)the policy can be easily complied with.
D)the policy can be easily complied with and noncompliance is purely a matter of individual preference.

Question 29

The Immigration Reform and Control Act (IRCA)makes it illegal to

A)hire authorized aliens or refer authorized aliens for employment.
B)discriminate in favor of American citizens if there is an equally qualified authorized alien.
C)continue to employ an alien in the U.S.knowing that he/she has become an unauthorized alien
D)to hire an unauthorized alien if the employer is a federal contractor.

Question 30

An employer is permitted to discriminate against individuals,in certain instances,on the basis of citizenship,by:

A)the Immigration Reform and Control Act.
B)the Office of Federal Contract Compliance Programs.
C)Title VII of the Civil Rights Act of 1964.
D)Title VII of the Civil Rights Act of 1991.

Question 31

An employee who produces a United States passport as proof of citizenship must also produce which of the following to establish employment eligibility:

A)a U.S.social security card issued by the Social Security Administration.
B)an original or certified copy of a birth certificate from a state county or municipality of the United States.
C)a U.S.citizen ID card (INS Form I-179).
D)None of the choices are correct.

Question 32

Omar Khaleel applied for a job as a bus driver with the Overland Omnibus Corporation.His employer was worried that it might be dangerous to allow someone of Middle Eastern descent to drive a large bus,loaded with 160 gallons of fuel,into the heart of the downtown areas in the cities served by the company.Therefore,he asked Omar to submit a more stringent background check than was used for other bus drivers.Eight months later,the background check was completed and Omar was hired as a driver.

A)Omar has no basis for a claim under Title VII because Overland was just being prudent as a result of the events of September 11,2001.
B)Omar has no basis for a claim under Title VII because he was hired as a bus driver.
C)Omar can claim national origin discrimination under Title VII because he was treated differently than other bus drivers based on his Middle Eastern descent.
D)Omar can claim national origin discrimination under Title VII because his employer had difficulty pronouncing his name properly.

Question 33

Luis Vargas has been employed as a security officer for Slate Mountain Waterworks for 10 years.He has worked with Brett Simpson,also a security guard,for the last 3 years.Both Luis and Brett applied for the job of chief security office when the position became available.Brett was hired for the position.Slate Mountain only has 10 employees.Luis overheard Mr.Slate say he would never promote a Mexican if he could give the job to a real American.

A)Luis can file a claim for national origin discrimination under Title VII.
B)Luis can file a claim for national origin discrimination under the IRCA.
C)Luis cannot file a claim for national origin discrimination because he is still employed and there was no adverse employment action.
D)None of the choices are correct.

Question 34

Nesbitt hires Francois,a legal alien working in the U.S.with the legal authority to do so.One month later,Francois loses his right to work in the U.S.:

A)Nesbitt's continued employment of Francois cannot constitute a violation of IRCA.
B)Nesbitt's continued employment of Francois constitutes national origin discrimination against individuals with a U.S.national origin.
C)Nesbitt's continued employment of Francois will constitute a violation of IRCA if Nesbitt knows that Francois is now an unauthorized alien.
D)Nesbitt's continued employment of Francois will constitute prima facie evidence of criminal liability under IRCA.

Question 35

Margaret comes to work in clothes highly reflective of the national origin of her ancestors,and which also happen to violate the dress code of the White City Dairy.She is told to return home,and change into clothing that comports with the dress code.

A)Margaret has a claim under Title VII for national origin discrimination because she only wears outfits reflective of the national origin of her ancestors on holidays.
B)White City can defend the dress code if customers or co-workers are "uncomfortable" with how Margaret looks when she wears those clothes.
C)White City can defend the dress code if Margaret's national heritage outfit poses a safety hazard.
D)White City can defend the dress code if it allows other employees to dress casually at work.

Question 36

Joe is a white male and was laid off during a reduction in force.His employer chose to let him go in order to create a balanced work force by retaining employees of other national origins.

A)Joe does not have a claim for national origin discrimination because he is not a member of a protected class as required by Title VII.
B)Joe does have a claim for national origin discrimination under Title VII.
C)Joe can file a claim for discrimination based on race because he was discriminated against because he is white.
D)None of the choices are correct.

Question 37

Melanie is a white female,and she is married to Muhammad,who is of Middle Eastern descent.She has been employed at The Office Works for 3 weeks.Melanie has been subjected to daily verbal abuse since Muhammad dropped by to take her to lunch and her co-workers became aware of his ethnicity.She has been called an "Arab whore" and a "terrorist." Her co-workers refuse to work with her,and her supervisor has condoned this behavior by assigning her to tasks in the stockroom when previously she assisted customers in the computer department.

A)Melanie does not have a claim for national origin discrimination because she is not a member of a protected class.
B)Melanie does have a claim for national origin discrimination under Title VII because she is being harassed based on the national origin of her husband.
C)Melanie does not have a claim for national origin discrimination because she has only been employed for 3 weeks.
D)Melanie does have a claim for national origin discrimination because the behavior of her co-workers and supervisor is neither severe nor pervasive.

Question 38

Virtually all of the non-U.S.citizens in the labor pool available to an employer are of Mexican descent,many of whom are legal aliens having the right to work in the U.S.The employer implements a policy against hiring any non-U.S.citizens.This policy:

A)is expressly exempt from Title VII,by the Guidelines on Discrimination Because of Religion or National Origin.
B)impermissibly denies individuals their Title VII-protected right to express their cultural heritage.
C)does not,as a matter of law,violate Title VII.
D)could be found to discriminate on the basis of national origin resulting in disparate impact discrimination in violation of Title VII

Question 39

Smith issues a workplace policy stating that any employee who is married to anyone from any Latin American country will be ineligible for promotion to line supervisor level.This policy:

A)does not violate Title VII because it will result in discrimination against individuals who are connected to individuals of a specific national origin.
B)violates Title VII because it will result in discrimination against individuals who are connected to individuals of a specific national origin.
C)does not violate Title VII because its effect is not triggered by the national origin of the individuals it affects.
D)violates Title VII because being bilingual is an immutable characteristic.

Question 40

Thomas hires Desai,an alien,to work for his firm.When he hired Desai,he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S.The documents were clever forgeries,and Desai is actually an illegal alien.

A)Thomas cannot raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S.,and that the documents were clever forgeries as an affirmative defense to liability under IRCA.
B)Thomas can raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S.,and that the documents were clever forgeries as an affirmative defense to liability under IRCA.
C)Thomas can raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S.,and that the documents were clever forgeries as an affirmative defense to liability under IRCA,only if he can also show that he relied,in good faith,on the genuineness of the documents.
D)Thomas is liable for Desai's subsequent loss of the right to work if the right to work existed at the time of the hire.

Question 41

Chenguang Lee,a female of Chinese national origin,was employed as a sales representative at Monarch Recyclers International.Her supervisor,the Vice President for Sales,Jim Oldham,persistently referred to her as "Charlene" instead of "Chenguang." Although she objected and asked to be called by her proper name,Oldham continued to call her "Charlene" for over a year.He told Chenguang that an American name would increase her chances for success and would be more acceptable to Monarch's clientele.He referred to her as "Charlene" over the telephone,during marketing meetings and in emails.Chenguang brings a complaint under Title VII and §1981.

A)Monarch will not be liable to Chenguang because the use of "Charlene" is neither a racial epithet nor a description of her physical ethnic traits.
B)Monarch will be liable to Chenguang because ethnic characteristics go beyond skin color and other physical traits and can include names.
C)Monarch will not be liable to Chenguang because Oldham did not intend his use of "Charlene" to be derogatory of her national origin.
D)Monarch will not be liable to Chenguang because Charlene is a popular American name.

Question 42

The Corey's Cupcakes operates a retail store for baked goods and provides catering services,primarily in the neighborhood where it is located.It has 15 employees,including bakers,sales staff,drivers and office personnel.Twelve of Corey's employees are Irish or Italian and Catholic.Under the Guidleines on Discrimination Because of Religion or National Origin,Corey's has an affirmative duty to engage in outreach and positive recruitment activities,such as

A)the development of procedures to ensure equal employment opportunity.
B)establish meaningful contacts with religious and ethnic organizations to improve its recruiting.
C)use religious and ethnic advertising for employment advertising.
D)None of the choices are correct.

Question 43

Under ICRA,if an employee gains employment with false documentation but then later obtains proper work authorization

A)the employer must notify the Department of Homeland Security so that the employee can be prosecuted for perjury.
B)the employer should correct the relevant information on the Employment Eligibility Verification Form (Form I-9).
C)the employer must fire the employee for misconduct based on falsification of the employment application.
D)the employer must notify the Department of Homeland Security so that the employee can be deported.

Question 44

Franklin,a U.S.born individual of English ancestry,works for the China Lights restaurant,which is owned and operated by two U.S.citizens of Chinese ancestry.Franklin's coworkers Jin Pan and Dongping Jiang,also U.S.citizens of Chinese ancestry,are late for work virtually everyday,but no action is take against them for this,even though the owners are aware of Jin and Dongping's tardiness,and even though there is a stated workplace policy that an employee reporting to work late,more than once in a sixty day period will be dismissed.Franklin reports to work late twice,55 days apart,and he is dismissed.Explain whether Franklin has the basis for a national origin discrimination claim.

Question 45

Phillip is a senior citizen from the neighborhood who is allowed to visit the Serenity Senior Center even though he is neither a paying resident nor an employee.Every week,Phillip yells derogatory comments about Asians to Lastri,an Indonesian employee.He pretends to loose his balance and falls against her.He tells the residents that she is not qualified for her job and needs to be more careful around senior citizens.Lastri complains to her supervisory who tells her to ignore Phillip because he is just a strange old man.Lastri files a complaint of national origin discrimination.

A)Serenity has no obligation to Lastri regarding Phillip because he is neither a customer nor an employee.
B)Serenity is liable to Lastri for Phillip's harassment because it took no action to stop it.
C)Serenity is not liable to Lastri because Phillip is a strange old man.
D)Serenity is not liable to Lastri because Phillip's behavior is neither severe nor pervasive.

Question 46

Henri runs a French restaurant.He wants his diners to have an authentic culinary experience.Henri can avoid a claim of national origin discrimination and still screen his waitstaff by requiring that

A)an applicant speak French well,or have knowledge of French cuisine.
B)an applicant have a French passport.
C)an applicant see all 10 Pink Panther films.
D)an applicant have at least one cousin,parent or grandparent who comes from France.

Question 47

Morales,who speaks only English,owns and operates a large warehouse.Most of his workers speak only English,and he requires that all of his employees speak English,and that all communication in the workplace,which involves the performance of any job,be done in English.A number of non-English speaking workers complain about the policy on the grounds that they can converse in their native languages and still get the job done.If these non-English speaking employees bring a claim of national origin discrimination on the basis of this policy,what is Morales' best defense? Explain.

Question 48

List the elements that an employee must prove to prevail on a claim for discrimination based on national origin.How are the requirements for national origin discrimination different than the requirements for discrimination based on religion?

Question 49

Duong is an American of Vietnamese ancestry.He wants to work for A-1 Trash Collection,Inc.as a trash collector.Duong is very strong due amateur weight lifting for five years.However,when he applies he is told that he is too short because all employees who work on the trucks must be at least 5'7" and he is 5'4''.A-1 is a family business run by Bob and his son Dave,who drive two of the trucks,and their wives who staff the office.There are also two other drivers and 6 other helpers.Discuss whether Duong can bring a case under Title VII or another law? What does he have to prove to prevail?

Question 50

Rex University has an opening for a reference librarian.Adjoa has a masters degree in library science from the University of Ghana.She is a Ghanian citizen.She taught library science for 10 years at a university in South Africa.As a permanent resident of the United States,she is authorized to work in the US.Adjoa applies for the job.Theresa,an American citizen also applies for the job.She has a college degree in English and 2 years experience as a library assistant at a university located not far from Rex.The selecting official hires Theresa based on her experience working in a university library and a belief that Theresa will be a more stable employee because she is an American citizen.

A)Adjoa has no basis for a complaint under IRCA because Theresa is qualified for the job.
B)Adjoa has a basis for a complaint under Title VII because she was denied the job based on her citizenship.
C)Adjoa has a basis for a complaint under Title VII and IRCA because she was denied the job based on her citizenship.
D)Adjoa has a basis for a complaint under IRCA because she was denied the job based on her citizenship.

Question 51

Distinguish between national origin and citizenship.