Deck 6: Race and Color Discrimination

Question 1

Employees can sue under the state or federal Constitution for a denial of equal protection if they work for the government or under state tort laws for defamation,intentional infliction of emotional distress,assault,or any other tort the facts support.

Answer 1

True
Explanation:Employees can sue under the state or federal Constitution for a denial of equal protection if they work for the government or under state tort laws for defamation, intentional infliction of emotional distress, assault, or any other tort the facts support.
Multiple Choice Questions

Question 2

Title VII of the Civil Rights Act of 1964 permits employer actions that discriminate based on race-linked illness.

Answer 2

False
Explanation:Title VII of the Civil Rights Act of 1964 prohibits employer actions that discriminate based on race-linked illness. Title VII prohibits employer actions that discriminate, by motivation or impact, against persons because of race.

Question 3

According to the U.S.Supreme Court,white managers using the term "boy" in reference to black employees is not enough evidence of workplace race discrimination.

Answer 3

False
Explanation:In 2006, the U.S. Supreme Court unanimously held that the term "boy" used by white managers at an Alabama Tyson Foods plant to refer to black employees could, alone, be used as evidence of workplace race discrimination. The term is one used in the slave and Jim Crow era to refer to black men.

Question 4

The only time that a discussion of race should be initiated in a workplace is in the midst of an allegation of racial discrimination.

Question 5

Which of the following is the first of the prohibited categories in Title VII of the Civil Rights Act of 1964?

A) Discrimination based on economic class
B) Discrimination based on gender
C) Discrimination based on race
D) Discrimination based on social status

Question 6

Under reverse race discrimination,the ultimate burden of persuasion remains always on the defendant.

Question 7

Martha,a black woman,had been working as an associate photographer for The Fashion Final Magazine for five years.When the chief photographer position was open,Martha applied for the position but did not get selected.Instead,Sally,a white woman,was appointed as the chief photographer.Even though Martha was aware that Sally had better qualifications and experience to be a chief photographer,she filed a racial discrimination claim with the Equal Employment Opportunity Commission (EEOC).Which of the following holds true in this scenario?

A) Martha's complaint will prevail because an employee can be hired or promoted simply because he or she belongs to a protected class.
B) Martha's complaint will prevail under the business necessity defense.
C) Martha's complaint will not prevail because not every decision that is arbitrary or unfair is discrimination.
D) Martha's complaint will not prevail because Title VII of the Civil Rights Act of 1964 prohibits promotions from within an organization.

Question 8

An English-only rule may be used at a workplace if it is needed to promote the safe or efficient operation of the employer's business.

Question 9

Sharon,a white female,and James,a black male,who work at the NewThings Mart as cashiers decide to steal some bottles of beer.Sharon watches the front of the store,while James loads the beer into his truck from the store's inventory room.Neither of them was aware of the security cameras in the store.The owner,being notified of the theft by the security guard,terminates Sharon and gives James a written warning.Which of the following holds true in this scenario?

A) Sharon has no cause of action because she is an at-will employee.
B) Sharon has no cause of action because she does not belong to a protected class.
C) Sharon has a cause of action under Title VII of the Civil Rights Act of 1964 because the act applies equally to all.
D) Sharon has a cause of action under Title VII of the Civil Rights Act of 1964 for retaliatory discharge.

Question 10

In 2008,the U.S.House of Representatives passed a resolution apologizing for _____.

A) slavery, Jim Crow, and its present-day impact on blacks
B) terrorism and its impact on foreign trade
C) corruption, bad governance, and its impact on the economy
D) unemployment and its impact on young Americans

Question 11

The Voting Rights Act of 1965 gave African-Americans full voting rights in the United States.

Question 12

Discrimination against an individual based on perception of his or her race violates Title VII of the Civil Rights Act of 1964 even if that perception is wrong.

Question 13

Brett,the manager at Warson's Diner,plans to promote Keisha,one of the waitresses,to the position of an assistant manager.However,the owner,being racially biased,prevents him from doing so.Later,when Brett wants to promote one of the delivery boys to waiter,the owner again vetoes his recommendation on the grounds that his customers would feel uncomfortable having a black man deliver their food.Brett,extremely frustrated,offers Keisha and the delivery boy their promotions as he finds them deserving.Subsequently,Brett gets fired.Which of the following holds true in this scenario?

A) Brett has a cause of action against Warson's Diner for retaliatory discharge under Title VII of the Civil Rights Act of 1964.
B) Brett has a cause of action against Warson's Diner based on the bona fide occupational qualification defense.
C) Brett is liable for racial discrimination because as a manager he failed to change the company's policy regarding promotion of African-Americans.
D) Brett is liable because he failed to follow the instructions provided by his employer.

Question 14

Before the Civil Rights Act of 1964,the Slave Codes or the Black Codes:

A) helped in eliminating slavery and racial discrimination against blacks completely.
B) helped in exercising psychological control over blacks in the United States.
C) mandated that employers should provide extra benefits to their black employees.
D) prohibited blacks from seeking any sort of employment in the United States.

Question 15

Lighter-toned Hispanics,East Asians,and Asians,among others,all have experienced serious color issues within their cultures.

Question 16

Title VII's (of the Civil Rights Act of 1964)ban on racial discrimination applies:

A) only to black people.
B) specifically to black and Hispanic people.
C) to all citizens equally.
D) to all member countries of the United Nations.

Question 17

Actions for racial harassment,unlike those of race discrimination under Title VII of the Civil Rights Act of 1964,cannot be brought under the post-Civil War statutes,state human rights or fair employment practice laws,or constitutional provisions.

Question 18

A five-year,seven-volume study by the Russell Sage Foundation found that:

A) racial stereotypes and attitudes heavily influenced the labor market, with blacks landing at the very bottom.
B) networking within an organization and having a mentor do not give African-American men the same measurable benefits as whites.
C) obtaining new employees through word-of-mouth recruitment helps create a heterogeneous workplace.
D) African-Americans are easier to get along with than other ethnic groups.

Question 19

The U.S.Department of Labor Glass Ceiling Studies in 1991 and 1995 found that minorities plateau at a higher corporate level than women.

Question 20

Researchers have found that African-Americans who leave messages in response to ads often never receive return calls,while whites almost always do.

Question 21

Juan is a chemical engineer at Blue Ring Chemicals.He is the only Hispanic employee in his department.He is terminated after 10 months on the job based on poor performance.According to his supervisor,Juan continued to be the least productive employee in the department is spite of frequent feedback and training given to him.Juan believes he has a good claim for discrimination because he was the only Hispanic in the department.Which of the following holds true in this scenario?

A) Juan does not have a claim for discrimination under Title VII of the Civil Rights Act of 1964 because he was terminated for poor performance, a legitimate nondiscriminatory reason.
B) Juan has a valid claim for discrimination under Title VII of the Civil Rights Act of 1964 because he is protected by an affirmative action plan.
C) Juan does not have a claim for discrimination under Title VII of the Civil Rights Act of 1964 because Hispanics are not a protected category.
D) Juan has a valid claim for discrimination under Title VII of the Civil Rights Act of 1964 because the action taken against him was severe or pervasive in nature.

Question 22

Cynthia Williams filed a lawsuit against her employer for racial harassment from a co-worker.The evidence at trial indicated that her employer responded immediately to Cynthia's 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.In this scenario:

A) Cynthia will win the lawsuit because her employer acknowledged that racial discrimination occurred.
B) Cynthia will win the lawsuit because her employer did not terminate the harassing employee.
C) the employer has no liability because the employer acted reasonably when notified of the racial harassment.
D) the employer has no liability because the employer himself or herself was not the one who perpetrated the harassment.

Question 23

Zhu is the owner of Orchid Cleaning and Housekeeping Services.He never hires or promotes a black applicant to the position of supervisor because he believes that his predominantly Asian crew will not follow instructions from a black supervisor.Thus,Zhu is liable for:

A) reverse discrimination against an individual because of others' perceptions about the individual.
B) disparate treatment, and he cannot use the bona fide occupational qualification defense to protect himself.
C) constructive discharge, but he can use the business necessity defense to protect himself.
D) employment discrimination against an individual because of his or her association with someone of a particular race.

Question 24

An employer can avoid liability for racial harassment by showing that the:

A) employer himself or herself did not directly perpetrate the harassment.
B) employee is not a member of a protected group.
C) employer took prompt, corrective remedial action to address the situation.
D) employee was not subjected to physical abuse.

Question 25

To hold an employer liable for racial harassment,an employee must show that:

A) the harassment was severe or pervasive enough to alter the conditions of employment.
B) he or she is a member of a protected class.
C) the harassment involved physical abuse.
D) he or she has been working for the employer for more than five years.

Question 26

Alex,an African-American with a meritorious law degree,is hired as the first black associate at a prestigious law firm under an affirmative action recruiting program.He handles routine assignments outstandingly.After a few months,Alex realizes that unlike the other first-year associates,he is being given less complex projects,which prevents him from growing at his job.Having asked for more challenging work,Alex is told that the work he is being given is what is expected out of him and is appropriate for his level of experience.Alex files a complaint of race discrimination with the Equal Employment Opportunity Commission (EEOC).In this scenario,Alex has:

A) no basis for a complaint of race discrimination because his job was not affected by his assignments.
B) no basis for a complaint of race discrimination due to the business necessity defense.
C) a basis for a claim of discrimination because he is being treated differently from others who are similarly situated and not of his race.
D) a basis for a claim of discrimination under the bona fide occupational qualification defense.

Question 27

Marla,a white woman,is married to an African-American man and has a biracial son.She works as a counselor for a large private school.One day,Marla's husband and son stop by the school to pick her up after work.A few days later,Marla is fired from her job without any reasonable cause.Marla believes that the termination is based on her employer's reaction to her husband and son.Thus,Marla has a claim under Title VII of the Civil Rights Act of 1964 based on:

A) disparate impact.
B) constructive discharge.
C) discrimination by association.
D) discrimination by perception.

Question 28

Briana was employed as a flight attendant by Tropical Coast Airlines.She was the only black female flight attendant on the airplane she was assigned to.At her job,Briana was frequently subjected to racial slurs,misbehavior,and threats from her co-workers.One co-worker even told their supervisor that the airline's customers would not want to take orders from a black girl in the case of an in-flight emergency.Unable to tolerate the hostile environment,Briana quit her job.Which of the following holds true in this scenario?

A) Briana has a cause of action for racial harassment under 42 U.S.C. section 1983.
B) Briana does not have a cause of action for racial harassment, as she resigned at her own will.
C) Briana has a cause of action for racial harassment under Title VII of the Civil Rights Act of 1964, as there is evidence that she was harassed.
D) Briana does not have a cause of action for racial harassment, as the actions of her co-workers were not pervasive or severe.

Question 29

Rasheed Olson,a black man with a bachelor's degree in physical education,applies for a job at a gym along with a white friend who has the same qualifications.Although his friend gets an interview call from the gym,Rasheed does not receive any interview calls.Suspecting that his application was rejected due to his first name,Rasheed submits an identical résumé to the same gym but changes his first name on the résumé.Consequently,he is invited for an interview.In this scenario,Rasheed has been a victim of:

A) disparate impact because of his association with someone of a particular race.
B) discrimination based on the perception of his race.
C) constructive discharge under Title VII of the Civil Rights Act of 1964.
D) reverse discrimination under 42 U.S.C. section 1983.

Question 30

"9 out of 10 whites under 30 believe African-Americans and whites are treated equally." A potential implication of this is:

A) employers would be more likely to take steps to reduce racial discrimination in the workplace.
B) there would be a decline in the number of race-based discrimination claims filed by nonwhite employees with the Equal Employment Opportunity Commission (EEOC) or any other similar federal agencies.
C) employers would face more reverse discrimination claims from white employees under Title VII of the Civil Rights Act of 1964.
D) employers would be less likely to respond appropriately to claims of racial discrimination from nonwhite employees and thus increase the likelihood of liability under Title VII of the Civil Rights Act of 1964.

Question 31

Tiffany,a light-complexioned African-American,is the manager of the cosmetics department at a large retail store.She does not promote Monica,a brown-complexioned African-American who is eligible for the promotion,because she believes that customers prefer lighter-skinned cosmetic consultants.Thus,Monica:

A) does not have a color discrimination claim under Title VII of the Civil Rights Act of 1964 because Tiffany was only trying to improve the sales of the retail store.
B) has a discrimination claim under Title VII of the Civil Rights Act of 1964 because color discrimination can occur between members of the same race.
C) does not have a color discrimination claim under Title VII of the Civil Rights Act of 1964 because Tiffany did not show any pervasive racial discrimination against Monica.
D) has a discrimination claim under Title VII of the Civil Rights Act of 1964 because of the bona fide occupational qualification defense.

Question 32

In Chandler v.Fast Lane,Inc.,Chandler,a white employee,alleged that she was forced to leave her job for refusing to follow her employer's discriminatory practices against African-American employees.In this case,the court decided that:

A) Chandler had no right to sue her employer because she was a white employee.
B) the employer had no liability because Chandler was involved in an opposition activity.
C) Chandler had a valid claim under Title VII of the Civil Rights Act of 1964.
D) the employer was liable only to the African-American employees and not to Chandler.

Question 33

A study by University of Georgia researchers published in the Journal of Vocational Behavior in 2012 found that:

A) racial stereotypes and attitudes heavily influenced the labor market, with Asians landing at the very bottom.
B) only 4 out of 10 whites under 30 believe African-Americans and whites are treated equally.
C) networking within an organization and having a mentor do not give African-American men the same measurable benefits as whites.
D) female applicants who leave messages in response to job ads often never receive return calls, while male applicants almost always do.

Question 34

Which of the following is meant by researchers when they refer to the concept of "new racism"?

A) They are referring to the idea that blacks are unable to break the glass ceiling and attain positions in upper-level management.
B) They are referring to the idea that people appear to be more racist, on average, since the Great Depression.
C) They are referring to the idea that whites think everything is fair for everyone, so nothing need be done to ensure equal opportunity anymore.
D) They are referring to the idea that in recent times, discrimination is based on an individual's economic status rather than his or her race.

Question 35

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

A) ignore the claim if there has only been one isolated incident of misconduct because one incident does not constitute racial harassment.
B) investigate and take immediate corrective action against the perpetrators by reprimanding and warning them against future incidents.
C) tell the employee that he or she must be mistaken and ask the employee to withdraw the complaint.
D) eliminate any future harassment problems by telling supervisors not to provide negative feedback to the employee.

Question 36

David,a Hispanic employee at Bluerock Tire Manufacturing Company,contacted the plant manager to inform him that his supervisor,Bill,treated him in a bad manner simply because he was Hispanic.After Bill learned that David had complained,Bill told other supervisors that David was lazy and irresponsible,and he made jokes about David's accent.Which of the following holds true in this scenario?

A) Bluerock Tire Manufacturing Company will not be liable because it is a personal problem between David and Bill.
B) David has been a victim of discrimination based on race, and thus he has a valid racial harassment claim against the employer.
C) David can file a disparate impact claim against Bluerock Tire Manufacturing Company under 42 U.S.C. section 1983.
D) Bluerock Tire Manufacturing Company is not liable because David was not actually harmed.

Question 37

Maya is claiming that she was subjected to racial harassment by her co-workers.To hold her employer liable for racial harassment,Maya must prove that:

A) the harassment was unwelcome and was based on race.
B) she is a member of a protected class or minority race.
C) the harassment was not just verbal.
D) she has the bona fide occupational qualification defense.

Question 38

Maria is a brown-skinned Latina who works the morning shift as a waitress at the Waltersville All-Day Diner.Maria is later assigned the night shift,and Julia,a light-skinned Latina who is a new employee at the diner,replaces Maria in the morning shift.When Maria complains to the manager that according to the company's policy,only new employees who are in training are assigned night shifts,the manager says that he would be willing to reconsider his decision if Maria can improve her complexion.Which of the following holds true in this scenario?

A) Maria can bring a claim of discrimination under Title VII of the Civil Rights Act of 1964 based on race.
B) Maria can bring a claim of discrimination under Title VII of the Civil Rights Act of 1964 based on color.
C) Maria cannot bring a claim of discrimination under Title VII of the Civil Rights Act of 1964 because she does not belong to a protected class.
D) Maria cannot bring a claim of discrimination under Title VII of the Civil Rights Act of 1964 because both she and Julia are from the same race.

Question 39

Employers accused of violating Title VII's (of the Civil Rights Act of 1964)prohibition of race discrimination in employment will be found liable:

A) only if the employee can prove that physical abuse was involved.
B) if the employer or supervisory employees permitted harassing activities in the workplace.
C) only if the employee can prove the business necessity defense.
D) if the employer terminates an employee from a protected category based on his or her poor performance.

Question 40

Harold,a black man,worked for Alegius Financial Services as a sales representative.On three separate occasions over a period of six months,an anonymous co-worker left racist literature on the desks of all of the employees,including the supervisors'.Also,on the first working day of every month,the employees and the supervisors would receive a link to a hate-based website from an unknown e-mail address.Harold did not raise an issue in his office.Instead,he filed a claim with the Equal Employment Opportunity Commission (EEOC)and later sued Alegius for racial harassment.Which of the following holds true in this scenario?

A) Harold will lose his case because he was not directly subjected to 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 the employer has violated a bona fide occupational qualification.
D) Harold will win his case because the employer was aware of the racially harassing behavior, yet no discipline was imposed.

Question 41

Describe any five of the elements that constitute Title VII's (of the Civil Rights Act of 1964)prohibition of race discrimination.Give an example for each.

Question 42

Francisco,a Hispanic man,is employed by the Inter-Pacific Railroad as a supervisory conductor on its commuter trains.Except for one white woman,all other supervisory conductors are black men.The other supervisor conductors refer to Francisco as "Taco" and used other racial slurs when referring to him.Francisco complains about this to the senior trainmaster and threatens to file a claim with the Equal Employment Opportunity Commission (EEOC).What steps would you suggest the trainmaster follow so as to address Francisco's concerns and prevent him from filing a claim with the EEOC?

Question 43

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

Question 44

Discuss national origin discrimination at the workplace.

Question 45

The management of Astral Hospital Center wants to reduce race discrimination and racial harassment at the workplace.In the process,it also wants to avoid potential liability for race and color discrimination.What practices can the hospital adopt to ensure this?

Question 46

Some employees at the New America Telephone Company (NATC)hang a noose in the workplace as a joke directed toward those who lost a Super Bowl bet.Upon seeing the noose,Wilson,a black employee,is intimidated and reports the incident to company management.The management at NATC investigates immediately and asks the perpetrators to apologize for their actions.Also,the management sends out a message to all employees explaining the history of the noose as a symbol of racial hatred.In spite of the management's efforts,Wilson files a complaint of discrimination based on racial harassment.Which of the following holds true in this scenario?

A) Wilson will not be able to prove racial harassment because this incident was not racially motivated and management took immediate corrective action.
B) Wilson will be able to prove racial harassment because hanging a noose is symbolic of the use of lynching to terrorize African-Americans.
C) Wilson will not be able to prove racial harassment because of the bona fide occupational qualification defense.
D) Wilson will be able to prove racial harassment because management did not fire the employees who hung the noose.

Question 47

An ineffective way to handle racial harassment at the workplace would be:

A) providing a positive, nonthreatening, constructive forum for the discussion of racial issues.
B) making sure that there is a top-down message that the workplace will not tolerate race discrimination in any form.
C) offering training in racial awareness and sensitivity to all employees.
D) telling an employee who reports discrimination based on race that he or she must be mistaken, even before investigating.

Question 48

Which of the following is an effective management practice to avoid claims of race discrimination from employees?

A) Underplaying the significance of what occurred when an employee reports racial harassment
B) Reducing diversity within a workplace as much as possible
C) Providing a positive, nonthreatening, constructive forum for the discussion of racial issues
D) Believing that race discrimination can never occur in one's organization

Question 49

If an employer institutes a judicially imposed or voluntary affirmative action plan that can withstand judicial scrutiny,the employer:

A) can discriminate against employees without being liable.
B) will not be liable to employees for reverse discrimination.
C) cannot be held liable for retaliatory actions against employees involved in protected activities.
D) will have to set mandatory quotas to hire and promote minorities in the workplace.

Question 50

Which of the following constitutes national origin discrimination?

A) Laila is often ill treated at work because her father is a Ukrainian.
B) Brenda, a light-complexioned African-American, receives more job offers than her other African-American friends.
C) Nathan is not put on any international assignments because he is not comfortable living in other countries.
D) Sasha is often sent on projects to Asia because she knows two to three Asian languages.