Deck 5: Affirmative Action

Question 1

A person who brings a claim of employment discrimination under 42 U.S.C section 1981 must show that

A)there was a conspiracy to cause discrimination by other persons at the workplace.
B)that the person who discriminated was acting under color of state law.
C)that the discrimination occurred in connection with an employment contract.
D)that the discrimination was based on a disparate impact.

Answer 1

C

Question 2

In Walker v.Secretary of the Treasury,the court found that:

A)Title VII was unconstitutional.
B)Title VII was constitutional.
C)color discrimination could occur between members of the same race.
D)color discrimination could not occur between members of the same race.

Answer 2

C

Question 3

Justice Thurgood Marshall argued Brown v.Board of Education,which ended segregation in public schools in 1954.

Answer 3

True

Question 4

An employee who brings a case of discrimination based on race under Title VII is automatically considered to bring a case based on color.

Question 5

The definition of "race" specified in the statutory language of Title VII includes the following racial categories:

A)American Indian or Alaska Native
B)Asian
C)Black or African American
D)None of the choices is correct.

Question 6

As a joke based on a losing Super Bowl bet,some employees at the New England Telephone Company hung a noose in the workplace.Upon seeing the noose,Herman Wilson,a black co-worker,promptly took it down and reported the incident to management.The perpetrators of the incident were reprimanded and warned that further incidents would result in more serious discipline.In addition,management sent a message to all employees explaining the history of the noose as a symbol of racial hatred.Nevertheless,Mr.Wilson filed a complaint of discrimination based on racial harassment.

A)Mr.Wilson will not be able to prove racial harassment because this incident was not racially motivated and management took immediate corrective action.
B)Mr.Wilson will be able to prove racial harassment because hanging a noose has the symbolic weight of the use of lynching to terrorize African-Americans,to chill exercise of their rights and is a death threat.
C)Mr.Wilson will not be able to prove racial harassment because he took down the noose immediately instead of letting it hang for a few days.
D)Mr.Wilson will be able to prove racial harassment because management did not fire the employees who hung the noose.

Question 7

Agnes wishes to bring a race-based discrimination suit against her employer under 42 U.S.C.1981.In order to process her case she must take the following actions.

A)File her claim with the EEOC (or a 706 agency)within 180 days.
B)Exhaust her administrative remedies at the EEOC before bringing the suit in federal court.
C)Receive a right-to-sue letter from the EEOC.
D)None of the choices is correct

Question 8

The Civil Rights Act of 1964 originally defined race as only black and white.

Question 9

Racial harassment can occur over the internet via email.

Question 10

The most frequently claimed basis for discrimination under Title VII is

A)Reprisal.
B)Color.
C)Race.
D)Religion.

Question 11

The Civil Rights Act of 1991 overturned the Supreme Court's ruling in Patterson v.McLean Credit Union that limited the application of 42 U.S.C.1981 to the making of a contract,not the performance of the contract.

Question 12

"Black codes"

A)were enacted by Southern states after the Civil War to replace "slave codes" in enforcing white superiority.
B)enable black employees in the workplace to communicate using terms that are only understood by black people.
C)were finally prohibited by the Civil Rights Act of 1991.
D)were a subtle form of discrimination in Northern states while segregation was practiced in the South.

Question 13

The Civil Rights Act of 1991 overturned the Supreme Court's ruling in Patterson v.McLean Credit Union that limited the application of 42 U.S.C.1981 to the making of a contract.

Question 14

Title VII makes it legally impossible for an employer to commit an act of discrimination unintentionally.

Question 15

If an employer makes a decision that discriminates on the basis of race,only black employees can sue based on Title VII because it was designed to eliminate discrimination against blacks.

Question 16

Data from the EEOC shows that the number of complaints alleging discrimination based on race has declined in each decade since the Title VII became law in 1964.

Question 17

The term 'under color of state law' refers to:

A)laws enacted to protect the "Rainbow Coalition."
B)any discrimination complaint that is brought outside the provisions of Title VII.
C)state Jim Crow laws.
D)an action taken by a person acting on behalf of a state or local government that deprives someone else of their civil rights.

Question 18

Actionable racial harassment:

A)must be either severe or pervasive enough to alter the conditions of employment and create an abusive working environment.
B)exists only where the victim is not a member of a majority race.
C)exists only where the victim is not a member of the race that is the majority in the workplace.
D)must be both severe and pervasive enough to alter the conditions of employment and create an abusive working environment.

Question 19

If an employer that has a "no beard" policy grants an exception to a black male who provides credible evidence of a condition of "pseudo folliculitis barbae ("PFB")the policy will become unenforceable because white employees will be able to claim discrimination if they are not allowed to grow beards.

Question 20

Marion Zhu is a social worker with the Middle Sierra School District.Her race is Asian.She is denied a promotion at work although she had the highest score on the social workers promotion examination.A white social worker and a black social worker who had lower scores on the exam were promoted.The School District's Human Resources Department declines to hear her appeal.Marion is convinced that she was not promoted because she is Asian.Marion can bring a claim of discrimination based on

A)Title VII of the Civil Rights Act of 1964.
B)42 U.S.C section 1983.
C)The Fourteenth amendment to the U.S.Constitution.
D)All of the choices are correct.

Question 21

Carrie Farini,a white woman,applies for a job as a waitress at the Redbone Cajun and Soul Food Restaurant.Although she has prior experience as a server at other dining establishments,she is not hired because she is white.All of the waiters at the Redbone are black men.

A)Carrie can bring a complaint of discrimination under Title VII based on race.
B)Redbone can defend the case on the basis that race is a bona fide occupational qualification to work in the dining room at Redbone because it is presenting a soul food dining experience.
C)Carrie can reapply to work at the Redbone if she is willing to work wearing "black face" make-up.
D)Carrie can bring a complaint of discrimination under section 1983.

Question 22

Section 42,U.S.C.1985 is:

A)enforced only by the EEOC.
B)enforced only the OFCCP.
C)enforced entirely by private right of action.
D)was repealed by the Civil Rights Act of 1991.

Question 23

Employers accused of violating Title VII's prohibition of race discrimination in employment will be found liable if

A)the employer engages in the harassment.
B)the employer allows the harassing activity to occur in the workplace.
C)the employer's supervisors permit the harassing activity to occur in the workplace.
D)All of the choices are correct

Question 24

Harold Tyson worked for Alegius Financial Services as a sales representative.On three occasions over a period of six months,a co-worker left Klu Klux Klan (KKK)literature,including racial slurs,on the desks of all of the employees,including supervisors,in the office where Harold worked.Also,on the first workday of each month,the co-worker sent an email with a link to a KKK website to all of the employees,including supervisors.Harold did not complain to Alegius.Subsequently,he filed a claim with the EEOC and later sued Alegius for racial harassment.

A)Harold will lose his case because he did not notify his employer of the racial harassment.
B)Harold will lose his case because he did not give his employer an opportunity to investigate the incident
C)Harold will win his case because it was illegal for his co-worker to belong to the KKK.
D)Harold will win his case because the employer was aware of the racially harassing behavior.

Question 25

An employer will be found liable for racial harassment if the employer can show

A)that the harassment was unwelcome and based on race
B)that the harassment was so severe or pervasive that it altered the conditions of employment and created an abusive environment
C)there is a basis for imposing liability on the employer
D)All of the choices are correct.

Question 26

Title VII includes an "opposition" clause which

A)allows an employee to oppose any adverse employment decision that is made based on his/her race.
B)allows white employees to oppose the use of race in employment related decisions if they believe that the employer is engaging in reverse discrimination.
C)gives an employee a cause of action for opposing his/her employer's discriminatory employment policies.
D)None of the choices are correct.

Question 27

In an effort to limit the number of claims filed against their employers,it is important that managers (I)Understand that race discrimination still exists and acknowledge the problem when it is alleged.
(II)Plan company sponsored cultural events that separate the employees so that white people will not be offended by their minority co-workers
(III)Make sure that the employees understand that the company race discrimination will not be tolerated

A)I only
B)I and II only
C)I and III only
D)All of the choices are correct.

Question 28

Researchers referring to the concept "new racism"

A)are referring to the idea that blacks are unable to break the "glass ceiling" and attain positions in upper level management.
B)are referring to the idea that people appear to be more racist on average since the attack on the World Trade Center.
C)are referring to the idea that white people believe that the existing civil rights laws have made everything fair so that there is no need to do anything more to ensure equal opportunity for minorities.
D)are referring to the idea that white people feel they are being discriminated against as a result of Title VII and affirmative action.

Question 29

A good manager should

A)listen to all sides of the problem before making a decision.
B)take all allegations of race discrimination seriously and investigate.
C)be willing to discuss race with his employees in order to provide the proper training for those that will make management decisions.
D)All of the choices are correct.

Question 30

To establish employer liability in a claim for racial harassment where the harasser is a co-worker,the employee must show that

A)the supervisor participated in the harassing behavior.
B)the same harassing incident was committed more than once.
C)the employer was negligent in either discovering or remedying the harassment.
D)the employer was negligent in hiring the individual alleged to have engaged in racial harassment.

Question 31

Studies have shown that race discrimination

A)claims are successful only if the claimant has evidence that the supervisors condone and encourage racist conduct by other employees.
B)is on the decline due in large part to the effect of Title VII.
C)occurs based on the individual's name and voice.
D)All of the choices are correct.

Question 32

Cynthia Williams filed a lawsuit against her employer for racial harassment.The evidence at trial indicated that her employer responded immediately to her allegations of racial discrimination by investigating the matter,reprimanding the harasser and conducting department wide meetings to discuss the company's policy on race discrimination.Cynthia will

A)win the lawsuit because her employer acknowledged that the race discrimination occurred.
B)win the lawsuit because her employer did not terminate the harassing employee.
C)lose the lawsuit because her employer acted reasonably when notified of the racial harassment.
D)lose the lawsuit because the harasser admitted to engaging in racial harassment.

Question 33

U.S.C.1981

A)made it illegal to discriminate against blacks on the basis of race in making and enforcing contracts.
B)made it illegal to deny civil rights on the basis of color by someone acting as if they were acting on behalf of the government.
C)prohibits joint activity to deny someone their rights based on race.
D)All of the choices are correct.

Question 34

Now that the Civil Rights Act of 1964 has been in effect for over 40 years

A)there is no longer any need to monitor race discrimination in the workplace.
B)claims based on race discrimination are rarely filed with the EEOC.
C)all barriers to equal employment opportunity for blacks in the workplace have been eliminated.
D)None of the choices is correct.

Question 35

Derrick Herrington,a black man,was employed at Bluefield Tire Manufacturing Company.Mr.Herrington contacted the plant manager to inform him that his supervisor,Bill Mitchell,treated him differently than the other employees because he was black.The following day,Mr.Mitchell told Derrick that if he called the plant manager again,he was going to see to it that the "Klan" paid him a visit.

A)Mr.Herrington does not have a claim for race discrimination because the Klan did not actually seek him out.
B)The facts of this scenario satisfy the requirement that the discrimination be based on race in order to prevail on a claim for racial harassment.
C)Mr.Herrington cannot file a claim for racial harassment because the supervisor was the only person involved in the harassment.
D)None of the choices are correct.

Question 36

Title VII's ban on racial discrimination

A)applies to black people only
B)applies to black and Hispanic people only
C)applies to all citizens equally
D)applies only to people of color

Question 37

Briana Winston was recently employed as a flight attendant by Tropical Coast Airlines.She was the only black female flight attendant at her airport hub.Upon arriving at her hub after attending flight attendant school,Briana experienced incidents at work that included occasional racial slurs by co-workers,having coffee spilled on her uniform before boarding flights,and having the lock jammed on her company locker.One co-worker told her,in front of their supervisor that the airline's customers would not want to take orders from a black girl in case of an in-flight emergency.Briana resigned after 6 months of this treatment,

A)Briana has a cause of action for racial harassment under 42 U.S.C.1983.
B)Briana does not have a cause of action for racial harassment.
C)Briana has a cause of action for racial harassment under Title VII.
D)None of the choices are correct.

Question 38

Sharon worked at the Quick Mart with James.The two of them decided to steal some beer to celebrate their school graduation.Sharon watched the front of the store while James loaded the beer into his truck out back.Neither Sharon nor James was aware of the security cameras in the parking behind the building.The owner was notified of the theft by the security guard.The owner terminated Sharon,a white female and gave James,a black male,a written warning.

A)Sharon has no cause of action because she is an employee-at-will
B)Sharon has no cause of action because she is white
C)Sharon has a cause of action under Title VII for race discrimination
D)All of the choices are correct.

Question 39

Brett Donovan was the manager at Walton's Diner.He planned to promote Keisha,one of the waitresses,to Assistant Manager;however,the owner told him that he did not want a black person in charge at any time of the day or night at his restaurant.Additionally,Brett wanted to promote Carlton,one of the bus boys,to waiter.The owner vetoed that recommendation as well on the grounds that his customers would not feel comfortable having a black man bring them their food,that it might be intimidating.Brett was extremely frustrated and offered Keisha and Carlton the promotions anyway because they were deserving.Subsequently,Brett was fired.

A)Brett has a cause of action against Walton's Diner under Title VII of the Civil Rights Act of 1964 under the opposition clause.
B)Brett has a cause of action against Walton's Diner under Title VII of the Civil Rights Act of 1964 based on the theory of constructive discharge.
C)Brett is liable for race discrimination because he failed to change the company's policy regarding promotion of African Americans.
D)Brett is liable for race discrimination because he acquiesced in the employer's discriminatory policy.

Question 40

When an employee has complained to his/her employer about racial harassment,the employer should

A)not investigate if there has only been one isolated incident of misconduct because one incident does not rise to the level of racial harassment.
B)investigate and take immediate corrective action.
C)avoid future communications with the employee in order to prevent a complaint with EEOC for reprisal because the employee complained about the harassment.
D)eliminate any future harassment problems by terminating all employees involved,including the employee that complained.

Question 41

Section 15 of the EEOC's Compliance Manual,on "Race and Color Discrimination" provides guidance on analyzing charges of race and color discrimination under Title VII of the Civil Rights Act of 1964.It provides eight categories that encompass race discrimination.Discuss at least four of them and give an example for each.

Question 42

Sylvester Goldman,a black man,enters an employment contract with Beltway Analysts and Advisors,for a term of three years.Shortly after beginning work,it is made clear to Sylvester by some of his white colleagues that he is not welcome.The lock on his office is broken,his telephone voicemail is sabotaged,and his email is corrupted by a virus.These activities make it nearly impossible for Sylvester to do his work.Sylvester's contract is terminated for poor performance.Sylvester has viable race discrimination causes of action against his employer under:

A)either Title VII or 42 U.S.C.sec.1981 but not both.
B)42 U.S.C.sec.1983.
C)both Title VII and 42 U.S.C.sec.1981.
D)the ruling in Patterson v.McLean Credit Union

Question 43

Rasheed Olson,a black man,has a Bachelor of Science degree in physical fitness.He has applied for positions with a several health clubs that have advertised vacancies for fitness instructor but he has received no interviews.After looking for a job in his field for several months,he suspects that he is being discriminated based on race due to his first name.He submits an identical resume to one of the health clubs that he applied to months ago but he changes his first name on the resume.He is invited for an interview.

A)Rasheed can prove a prima facie case of discrimination based on race because he applied for the job of fitness instructor,was qualified and was not called for an interview.
B)Rasheed's first name may have been the source for discrimination based on the perception of race.
C)Rasheed cannot prove a prima facie case of discrimination based on race unless he fails to get the job after the interview.
D)Rasheed's first name may have been the source for discrimination based on the perception of race but only if he had a typical black last name.

Question 44

Madison Mayberry,a black woman,has worked in the mailroom at Worldwide Pictures for 16 years.When a mailroom supervisor position becomes open,Madison applies for the job but she is not selected.Instead,Renee Alton,the director of administration,hires Sally Wright,a white woman.When Madison complains to Renee,she says that she selected Sally because they are best friends and Sally needed a better job after her divorce.Madison files a complaint of racial discrimination with the EEOC.

A)Madison will prevail on her complaint because she is clearly better qualified than the person who was selected and that person is of a different race.
B)Madison will prevail on her complaint because Renee's explanation is unbelievable and is an obvious pretext for discrimination.
C)Madison will not prevail because not every decision that is arbitrary or unfair is discrimination.
D)Madison will not prevail because it would be an undue hardship on Sally if she were not selected for the supervisory job.

Question 45

Describe an employer's best approach to avoiding liability for racial harassment in the workplace.

Question 46

Alexander Harrington is a black man with a law degree from one of the top law schools in the country.Under an affirmative action recruiting program,he is hired as the first black associate at a prestigious law firm.The partner for whom he works gives him routine assignments which he handles outstandingly.After a few months,Alex realizes that the firm's other first year associates have recently been given more complex projects.Alex asks the partner for more challenging work and is told that the work he is being given is what the partner needs and is appropriate for Alex's level of experience.Although Alex receives a six-month bonus similar to that given to other associates,he complains to the managing partner about the level of his assignments.He is told that an associate is to do the work assigned by the partner for whom he works.Alex files a complaint of race discrimination with the EEOC.

A)Alex has no basis for a complaint of race discrimination because his bonus was not affected by his assignments.
B)Alex has no basis for a complaint of race discrimination because the reasons given to Alex by the partner for whom he works are legitimate and non-discriminatory.
C)Alex has a basis for a complaint if discrimination because his assignments can affect his career development and he is being treated differently from others who are similarly situated and not of his race.
D)Alex has a basis for a claim of discrimination because the managing partner did not assign more complex work to him directly.

Question 47

The Inter-Pacific Railroad employs Francisco McGregor,a Hispanic man,as a supervisory conductor on its commuter trains.Except for one white woman,all of the other supervisory conductors employed by Inter-Pacific were black men.Francisco's Spanish nickname is "Paco." The other supervisor conductors referred to Francisco as "Taco." They used racial slurs,such as "beanbag," when talking about him to other employees.Francisco complained to the senior trainmaster and threatened to file a claim with EEOC.What would you suggest the trainmaster do to address Francisco's concerns and prevent him from filing a claim with the EEOC?

Question 48

Discuss the similarities and the differences between Title VII of the Civil Rights Act of 1964 with 42 U.S.C.1981.

Question 49

Marion Pham is a nurse of Vietnamese ancestry.The staff of the ward in which she has worked for many years at the Astral Hospital Center is very culturally diverse.Although no one has ever demonstrated overt hostility toward her because of her race or color,she has noticed that over the years,it is usually the Asian employees who are made the brunt of practical jokes or ridiculed.At one time or another,she has observed just about every employee on the ward,including other Asian staff members,as well as the head nurse,engage in such behavior.Each time this happens,Marion experiences a strong sense of hurt and ostracism.Otherwise,everyone on the ward is helpful and courteous to her and she is frequently asked to participate in off-work social activities with coworkers.Is this situation at Astral legally actionable,on the basis of racial harassment?

Question 50

Brenda Lester is a light-skinned African American woman who worked the morning shift as a cashier at the Waltersville All Night Diner.A few weeks after a dark-skinned African-American manager took over the morning shift,Brenda was moved to the night shift.When Brenda complained,the manager said,"You may have passed the 'paper bag test' but black is beautiful now." When Brenda replied that it was unfair to change her shift for no good reason,he said that he'd be willing to reconsider his decision if she got a tan.

A)Brenda can bring a claim of discrimination under Title VII based on race.
B)Brenda can bring a claim of discrimination under Title VII based on color.
C)Brenda cannot bring a claim of discrimination under Title VII based on race.
D)Brenda cannot bring a claim of discrimination under Title VII based on color.