Deck 6: Race and Color Discrimination

Question 1

Which of the following is(are)meant by references to "the institutional role of race"?

A) Prior to passage of Title VII, African-Americans were not permitted to testify against whites in court, nor look them in the eyes.
B) Homeland Security required certain TSA officers to attend a special class on why racial profiling is not acceptable and is not an effective way to spot terrorists after they were found to be stopping more blacks and Hispanics who they thought would have more outstanding warrants or be in possession of drugs
C) neither A nor B
D) both A and B

Answer 1

D
Explanation: African-Americans could not testify against whites in court; look whites in the eye; stay on the sidewalk when whites passed by; be called by common honorific titles such as "Mr.," "Mrs.," or "Miss"; or contradict anything a white person said. The simple act of registering to vote could cost an African-American his or her job, family, home, or life. It was not until the Voting Rights Act of 1965 that African-Americans received full voting rights in the United States. Breach of Jim Crow law or social policy by African-Americans resulted in swift retribution, up to and including death-generally by lynching for males-an event that was often attended by whole families of whites, including children, and treated as a festive family outing, complete with photos, picnic baskets, postcards of the event, newspaper announcements ahead of time, and even special trains to the event. TSA officers in a behavioral detection program designed to spot terrorists at Boston's Logan International Airport, and managers of similar programs nationwide, were ordered by Homeland Security to attend a special class on why racial profiling is not acceptable and is not an effective way to spot terrorists after they were investigated for stopping more blacks and Hispanics who they thought would have more outstanding warrants or be in possession of drugs

Question 2

Pat,a black woman,had been working as an associate photographer for Style Trends magazine for five years.When the chief photographer position opened up,Pat applied for the position but did not get selected.Instead,Sharon,a white woman,was appointed as the chief photographer.Even though Pat was aware that Sharon 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) Pat's complaint will likely prevail because an employee can be hired or promoted simply because he or she belongs to a protected class.
B) Pat's complaint will likely prevail under the business necessity defense.
C) Pat's complaint will likely not prevail because not every decision that is arbitrary or unfair is discrimination.
D) Pat's complaint will likely not prevail because Title VII of the Civil Rights Act of 1964 prohibits promotions from within an organization.

Answer 2

C
Explanation: Pat's complaint will likely not prevail because not every decision that is arbitrary or unfair is discrimination. It takes far more than alleging discrimination to win a case under Title VII of the Civil Rights Act of 1964. It is necessary to present credible evidence of discrimination in order to succeed.

Question 3

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

Skin color is a divisive issue within many ethnicities,including African-Americans,Hispanics,Asians and East-Asians.

Question 5

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 6

In a claim of reverse race discrimination,the ultimate burden of persuasion remains always on the defendant.

Question 7

Employees can sue under state tort laws for defamation,intentional infliction of emotional distress,assault,or any other tort the facts support.

Question 8

Which of the following were missing from the workplace?

A) equal access and opportunity
B) monitoring of employee appraisals and/or total compensation
C) neither A nor B
D) both A and B

Question 9

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 10

Black codes and social custom kept racial discrimination alive in some places even into the 1970s and 1980s.

Question 11

The main reason for passing Title VII,and the first of the prohibited categories is race.

Question 12

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

Question 13

Racial harassment is a practice that still continues today.Which of the following is least likely to be considered racial harassment?

A) Hanging a noose near an African-American's desk.
B) Use of racial epithets like the N-word.
C) Sending racist emails, or leaving racist brochures in common work areas.
D) Calling a Hispanic colleague "Taco," a nickname from childhood given him by his grandmother because of his love for tacos.

Question 14

Largely as a result of affirmative action,women and minorities receive comparable pay and benefits to white males.

Question 15

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

Question 16

Racial harassment can only be established by a showing of significant discriminatory action(s).Little,insignificant incidents can never constitute racial harassment.

Question 17

An employee must show each of the following to hold an employer liable for racial harassment,except:

A) the harassment was so pervasive or severe that it created an abusive environment.
B) the harassment was based on race.
C) the harassment was unwelcome.
D) the employer was directly responsible for the harassment.

Question 18

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 19

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 20

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 21

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) the employee's supervisor attempted to quash the harassment.
C) the harassment involved physical abuse.
D) he or she has been working for the employer for more than five years.

Question 22

An employer that establishes and follows "best practices" to prevent discrimination may experience the following:

A) concern at the mere allegation of discrimination, because once it is raised it is difficult to defeat.
B) increased discrimination claims.
C) less discrimination claims from employees, who perceive the workplace to be "fair."
D) little to no cost or drain on resources in defending discrimination claims.

Question 23

When researchers reference "new racism," they are referring to:

A) The idea that whites think everything is fair for everyone, so nothing needs to be done to ensure equal opportunity any more.
B) The idea that in recent years, discrimination is based on economic status rather than race.
C) The idea that African-Americans are still unable to break the glass ceiling and attain positions in upper-level management.
D) All of the above.

Question 24

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

A) ignore the complaint if there has only been one isolated incident because one incident does not constitute racial harassment.
B) investigate and take immediate corrective action through reprimand and warnings against future incidents.
C) ask the employee to withdraw the complaint because they must be mistaken.
D) tell supervisors not to provide negative feedback to the employee to avoid future harassment issues.

Question 25

After slavery ended,the test used for many years to determine inclusion (or not)was the:

A) tea bag test
B) paper bag test
C) passing test
D) mixed-race test

Question 26

Carrie,a white employee,alleged that she was forced to leave her job for refusing to follow her employer's discriminatory practices against Asian employees.In this case,the court likely would decide:

A) Carrie had no right to sue her employer because she was a white employee.
B) Carrie had a valid claim under Title VII of the Civil Rights Act of 1964.
C) the employer had no potential liability for the discriminatory practices because Carrie was the one responsible for implementing those practices.
D) Carrie had no valid claim under Title VII because she was forced out for disobeying orders. She had no potential liability for discrimination.

Question 27

Rodrigo is a chemical engineer at Blue Ox 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,Rodrigo continued to be the least productive employee in the department is spite of frequent feedback and training given to him.Rodrigo believes he has a good claim for discrimination because he was the only Hispanic in the department.Which of the following is the likely result?

A) Rodrigo 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) Rodrigo 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) Rodrigo has a valid claim for discrimination under Title VII simply because he is Hispanic, a protected category.
D) Rodrigo 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 28

Brynn was employed as a flight attendant by Try-Coast Airlines.She was the only black female flight attendant on the airplane she was assigned to.At her job,Brynn 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,Brynn quit her job.Which of the following holds true in this scenario?

A) Brynn has a cause of action for racial harassment under 42 U.S.C. section 1983.
B) Brynn does not have a cause of action for racial harassment, as she resigned at her own will.
C) Brynn 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) Brynn does not have a cause of action for racial harassment, as the actions of her co-workers were not pervasive or severe.

Question 29

Employers accused of racial harassment in violation of 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 employer 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 30

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 31

Mia is a brown-skinned Latina who works the morning shift as a waitress at the Waterville Diner.Mia is later assigned the night shift,and Elena,a light-skinned Latina who is a new employee at the diner,replaces Mia in the morning shift.When Mia 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 Mia can improve her complexion.Which of the following holds true in this scenario?

A) Mia can bring a claim of discrimination under Title VII of the Civil Rights Act of 1964 based on race.
B) Mia can bring a claim of discrimination under Title VII of the Civil Rights Act of 1964 based on color.
C) Mia 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) Mia cannot bring a claim of discrimination under Title VII of the Civil Rights Act of 1964 because both she and Elena are from the same race.

Question 32

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

A) does not have a color discrimination claim under Title VII of the Civil Rights Act of 1964 because Deana 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 Deana did not show any pervasive racial discrimination against Indigo.
D) has a discrimination claim under Title VII of the Civil Rights Act of 1964 because of the bona fide occupational qualification defense.

Question 33

Aaron,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,Aaron 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,Aaron is told that the work he is being given is what is expected out of him and is appropriate for his level of experience.Aaron files a complaint of race discrimination with the Equal Employment Opportunity Commission (EEOC).In this scenario,Aaron may have:

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 34

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

A) employers might be more likely to take steps to reduce racial discrimination in the workplace.
B) there might 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 might face more reverse discrimination claims from white employees under Title VII of the Civil Rights Act of 1964.
D) employers might 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 35

Rasheed,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 was likely 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 36

An employer's best response when dealing with an employee's assertion regarding a matter that he or she is unfamiliar with is:

A) "That has not been an issue in the past."
B) "Let me get back to you on that."
C) "You are just being sensitive."
D) "Quit goofing around and get back to work."

Question 37

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 38

Actions for racial harassment can be brought under each of the following statutes,except:

A) post-Civil War statutes.
B) Jim Crow laws.
C) state human rights or fair employment practice laws.
D) Constitutional provisions.

Question 39

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

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

Question 40

Rhoda,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,Rhoda's husband and son stop by the school to pick her up after work.A few days later,Rhoda is fired from her job without any reasonable cause.Rhoda believes that the termination is based on her employer's reaction to her husband and son.Thus,Rhoda 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 41

The management of Olympic Medical 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 42

Describe two 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 43

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

Question 44

Describe discrimination based on color,and why it is included in Title VII as a prohibited basis for discrimination.

Question 45

In the case Bradley v.Pizzaco of Nebraska,d/b/a Domino's Pizza,an employer was held liable for race discrimination for firing a black employee for failing to:

A) wear white jeans on his delivery route.
B) deliver to "white" households.
C) shave his beard in compliance with the company's policy.
D) provide evidence of his legal status as a citizen of the United States.

Question 46

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

A) When an employee reports racial harassment, attempt to downplay what occurred.
B) Reduce diversity within the workplace as much as possible.
C) Provide a positive, nonthreatening, constructive forum for discussion of racial issues.
D) Promote the belief that race discrimination cannot occur in the workplace involved.

Question 47

Jose,a Hispanic man,is employed by the AllWorld Airways as a supervisory flight coordinator on commuter flights.Except for one white woman,all other supervisory flight coordinators are black men.The other supervisory coordinators refer to Jose as "Beaner" and use other racial slurs when referring to him.Jose complained about this to the senior supervisory flight coordinator and threatened to file a claim with the Equal Employment Opportunity Commission (EEOC).What steps would you suggest that AllWorld Airways follow so as to address Jose's concerns and prevent him from filing a claim with the EEOC?

Question 48

Some employees hung a noose in the workplace as a joke directed toward those who lost a Super Bowl bet.Upon seeing the noose,Robert,a black employee,is intimidated and reports the incident to company management.The management 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,Robert filed a complaint of discrimination based on racial harassment.Which of the following is likely true in this scenario?

A) Robert will not be able to prove racial harassment because of the bona fide occupational qualification (BFOQ) defense.
B) Robert will be able to prove racial harassment because hanging a noose is commonly known as a symbol of the use of lynching to terrorize African-Americans.
C) Robert will not be able to prove racial harassment because this incident was not racially motivated and management took immediate corrective action.
D) Robert will be able to prove racial harassment because management should have fired the employees who hung the noose to prevent future issues.

Question 49

Which of the following may constitute national origin discrimination?

A) Dasha is often ill-treated at work because her father is a Ukrainian.
B) Sharonda, 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) Mae is often sent on projects to Asia because she knows two to three Asian languages.

Question 50

Effective ways of handling racial discrimination in the workplace include all of the following except:

A) provide a positive, nonthreatening, constructive forum for the discussion of racial issues.
B) make sure that there is a top-down message that the workplace will not tolerate race discrimination in any form.
C) downplay the employee's complaint, telling the employee that he or she must be mistaken without performing an investigation.
D) require training in racial awareness and sensitivity for all employees.