Deck 4: Valuing Diversity: Stereotyping v. Inclusion

Question 1

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

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

Answer 1

B

Question 2

What is the EEOC guideline on English-only workplace rules? What are two reasons given for the rules?

Answer 2

An English-only rule that applies all the time is considered "a burdensome term and condition of employment" in violation of Title VII. An English-only rule that applies only at certain times does not violate Title VII if there is a justifiable business necessity for the rule.
Rationale for the rule: English-only rules:
(1) may result in a "discriminatory working environment"; (2) adversely impact those with little or no English skills and take away their ability to speak at work; (3) create barriers to employment for those with limited or no English skills; (4) prevent bilingual employees whose first language is not English from speaking in their most effective language.

Question 3

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

Answer 3

Heightened scrutiny refers to a level of judicial inquiry that falls somewhere between strict scrutiny and minimal rational relationship. When government treats males one way and females another, the courts must determine if there is a substantial government reason for the difference. If not, it will rule that the classification violates equal protection.

Question 4

Federal courts have consistently held that the Civil Rights Act's ban on 'discrimination on the basis of sex' does not include discrimination based on one's sexual orientation or affiliation.

Question 5

According to sociologists, what is society's image of a good mother? A good father? How do those images impact how parents who chose to balance their work life with family (i.e. work part time) are viewed?

Question 6

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

Question 7

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

Question 8

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

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

Question 9

Which of the following federal government agencies is charged with enforcing Title VII of the Civil Rights Act of 1964?

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

Question 10

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

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

Question 11

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

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

Question 12

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

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

Question 13

Equal protection is the constitutional guarantee:

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

Question 14

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

Question 15

In order to be covered by the ADA (Americans with Disabilities Act), a disability must be ongoing and permanent for the foreseeable future.