Solution Manual for Employment and Labor Law 8th Edition

by Cihon Castagnera ISBN 1133586600 9781133586609

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TEST BANK

Chapter 8

DISCRIMINATION BASED ON RELIGION AND NATIONAL ORIGIN & PROCEDURES

UNDER

True/False Questions

_____ 1. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of
religion.
ANSWER: T

_____ 2. An employer who is providing helicopter pilots under contract to the Saudi Arabian
government to fly Muslim pilgrims to Mecca could refuse to hire non-Muslims or require all pilots to
convert to Islam.
ANSWER: T

_____ 3. While seeking accommodation, an employee is required to act reasonably in considering the
alternative means of accommodation that is available.
ANSWER: T

_____ 4. Title VII does not currently prohibit employment discrimination against any applicant or
employee because of national origin.
ANSWER: F

_____ 5. Title VII does not allow employers to hire employees of a particular ethnic or national origin
even if based on legitimate business, safety, or security concerns.
ANSWER: F

_____ 6. The EEOC enforces federal laws prohibiting employment discrimination.

ANSWER: T

_____ 7. The Immigration Reform and Control Act of 1986 (IRCA) prohibits employment
discrimination because of national origin or citizenship against applicants or employees, including illegal
aliens.
ANSWER: F

_____ 8. Under Title VII, the federal government has exclusive authority over employment
discrimination issues.
ANSWER: F

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_____ 9. If the EEOC dismisses a complaint or decides not to file suit, it notifies the complainant that
he or she may file suit on his or her own.
ANSWER: T

_____ 10. An employee is given 160 days to file complaint with the EEOC under the Lilly Ledbetter
Fair Pay Act.
ANSWER: F

_____ 11. The plaintiff, in a suit under Title VII, always carries the burden of proof.
ANSWER: T

_____ 12. Unions and employers generally agree that any dispute arising under their collective
agreements will be settled through arbitration.
ANSWER: T

_____ 13. Individual employees, even those in supervisory or managerial positions, are personally
liable under Title VII.
ANSWER: F

_____ 14. Section 706(g) provides that no backpay order shall extend to a period prior to one year
before the date of the filing of a complaint with the EEOC.
ANSWER: F

_____ 15. The rules of procedure for the federal courts allow an individual plaintiff to sue on behalf of a
whole class of individuals allegedly suffering the same harm.
ANSWER: T

Multiple Choice Questions

1. Government action involving religion raises issues under the __________ of the U.S. Constitution.
a. Third Amendment
b. First Amendment
c. Fifth Amendment
d. Fourth Amendment
ANSWER: (b)

2. Title VII includes religion within the BFOQ exception enumerated in:
a. Section 703(d) (2).
b. Section 703(d) (1).
c. Section 702(d) (2).
d. Section 703(e) (1).
ANSWER: (d)

3. The judgment of the court in Corporation of the Presiding Bishop of the Church of Jesus Christ of
Latter-day Saints v. Amos, in which plaintiffs brought action against the CPB and the COP alleging,
among other things, discrimination on the basis of religion in violation of the Civil Rights Act of 1964,
was:
a. upheld.
b. reversed.
c. remanded.
d. dismissed.

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ANSWER: (c)

4. Section 702(a) provides an exception under Title VII to all:

a. religious associations.
b. non-profit institutes.
c. corporate houses.
d. international organizations.
ANSWER: (a)

5. When an employer is not within the exemption provision of Section 702 under Title VII, and the
religion is not a BFOQ, the prohibition against discrimination on the basis of religion is:
a. absolute.
b. obsolete.
c. not absolute.
d. unconditional.
ANSWER: (c)

6. Identify the case in which the Court of Appeals held that the employer had committed an unlawful
employment practice under Section 703(a) (1) of the Act.
a. Trans World Airlines v. Harry
b. Atkinson Airlines v. Hudson
c. Starbucks Airlines v. Hardsen
d. Trans World Airlines v. Hardison
ANSWER: (d)

7. The decision of the U.S. Court of Appeals for the Third Circuit in Webb v. City of Philadelphia, in
which Officer Webb filed a complaint of religious discrimination under Title VII with the
Pennsylvania Human Relations Commission and the federal Equal Employment Opportunity
Commission, stated that:
a. uniform requirements were crucial to the safety of officers.
b. an accommodation would cause an undue hardship on the employees.
c. the strict enforcement of Directive 78 was not essential to the values of impartiality,
religious neutrality and uniformity.
d. some employees may find a co-worker’s exercise of his or her religious beliefs offensive.
ANSWER: (a)

8. Which section of Title VII states that it is not a violation if an employer refuses to hire or to discharge
an employee who is unable to meet the requirements for a national security clearance where federal
law or regulations require such a clearance for the job in question?
a. Section 703(a)
b. Section 703(f)
c. Section 703(e)
d. Section 703(g)
ANSWER: (d)

9. In which of the following cases did the EEOC argue that the district court erred in each respect of the
decision and finally appealed to the U.S. Court of Appeals for the Fifth Circuit?
a. Equal Employment Opportunity Commission v. City of Arlington
b. Equal Employment opportunity Committee v. Earnest & Young Enterprises, Inc.
c. Equal Employment Opportunity Commission v. WC&M Enterprises, Inc.
d. Equal Employment Opportunity Committee v. E &M Enterprise, Inc.

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ANSWER: (c)

10. The EEOC enforces __________ prohibiting employment discrimination.

a. state laws
b. regional laws
c. community laws
d. federal laws
ANSWER: (d)

11. In Garcia v. Spun Steak Company, where the employees and the union filed suit against Spun Steak,
alleging that the English-only policy violated Title VII, the court of Appeals:
a. dismissed the trial court judgment.
b. remanded the trial court judgment.
c. reversed the trial court judgment.
d. enforced the trial court judgment.
ANSWER: (c)

12. Ron and Roderick were American employees at a publishing firm. The company employed 22
workers, most of who were French or spoke French. There were constant complaints pertaining to
language issues by Ron and Roderick. The company subsequently adopted an “English-only” policy,
requiring employees to speak in English while conducting business. The French employees and the
union then filed a lawsuit against the company, alleging that the English-only policy violated Title
VII. In this case, the court held that there was no violation of Title VII because:
a. there wasn’t enough evidence that the rule was actually implemented.
b. there were no reasonable grounds to justify that provisions of Title VII were violated.
c. there were not a sufficient number of employees to support the union.
d. there were a large number of English speaking employees in the company.
ANSWER: (b)

13. Employers are allowed to refuse to hire applicants who are denied national security clearances for
positions subject to federal security requirements under:
a. Section 703(g) of Title VII.
b. Section 703(e) of Title VII.
c. Section 704(e) of Title VII.
d. Section 703(f) of Title VII.
ANSWER: (a)

14. The Immigration Reform and Control Act was enacted in the year:
a. 1889.
b. 1986.
c. 1898.
d. 1978.
ANSWER: (b)

15. Unlike the National Labor Relations Act, Title VII does not give exclusive authority over
employment discrimination issues to:
a. local governments.
b. state authorities.
c. employers.
d. the federal government.
ANSWER: (d)

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16. Dorothy filed a complaint with the EEOC against her employer alleging sex-based discrimination.
The complaint can be filed with the EEOC:
a. within 300 days of occurrence of the act.
b. only if the company is registered with the EEOC.
c. which will be immediately sent to the district court.
d. prior to filing the complaint with a state or local agency.
ANSWER: (a)

17. Mohammed worked in a garment manufacturing firm. He was a new immigrant from Afghanistan
and due to the terrorist activities in his country he faced several discrimination issues at his place of
work. He was subjected to humiliation and verbal abuse, and subsequently he was physically
assaulted by his co-workers a few blocks from the company premises. He filed a suit under Title VII
alleging racial discrimination by co-workers and his employers. To establish a prima-facie case he
should present the court with:
a. enough evidence to raise a presumption of discrimination.
b. written notice from the federal government allowing him to sue his employers.
c. written notice from the state government allowing him to sue his employers and co-
workers.
d. direct evidence to raise the mixed-motive analysis under Section 702(m).
ANSWER: (a)

18. In McDonnell Douglas Corp. v. Green, the respondent (Green) filed a formal complaint with the
Equal Employment Opportunity Commission, claiming that the petitioner had refused to rehire him
because of his race, and persistent involvement in the civil rights movement which were in violation
of Sections 703(a)(1) and 704 (a). How would Green claim a case of discrimination?
a. By clause of arbitration
b. By establishing a prima-facie case
c. By establishing suo-moto case
d. By collective bargaining
ANSWER: (b)

19. One way to establish proof of a disproportionate impact is by using the:

a. Four-Fifth Rules from the NLRB guidelines.
b. Four-Fifth Rules from the IRCA Guidelines.
c. Four-Fifths Rule from the EEOC Guidelines.
d. Lilly Ledbetter Fair Pay Act Guidelines.
ANSWER: (c)

20. The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate if they:
a. pertain to railroad employees, or any other class of workers engaged in foreign or
interstate commerce.
b. are voluntary and knowing.
c. do not place undue hardship on the parties.
d. were not knowingly agreed to.
ANSWER: (b)

21. Luke was selected for the post of junior manager in a five-star hotel. The employer’s application for
employment contained a Dispute Resolution Agreement requiring employees to submit all employment
disputes to binding arbitration. Applicants who refused to sign the Dispute Resolution Agreement were
not hired. Such an agreement is:

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a. not enforceable under the FAA, as held by the district court.

b. not enforceable under the FAA, as held by the Supreme court.
c. enforceable under the FAA , as held by the Supreme court.
d. enforceable under the FAA, as held by the district court.
ANSWER: (c)

22. Awarding of back pay and seniority is a:

a. principle reversed by the Supreme court.
b. remedy under Title VII .
c. state employment policy.
d. federal employment policy.
ANSWER: (b)

23. Richard worked as an assembly line worker and faced employment discrimination by his supervisors.
He filed a suit against his supervisors and company under Title VI and consecutively won the case against
his employers. He was most likely:
a. awarded back-pay.
b. reinstated at a senior level with higher pay.
c. awarded compensatory damages.
d. awarded punitive damages.
ANSWER: (a)

24. Mixed-motive discrimination claims fall under section:

a. 703(n) of Title VII.
b. 703(c) of Title VII.
c. 703(m) of Title VII.
d. 703(a) of Title VII.
ANSWER: (c)

25. The Civil Rights Act of 1991 amended Title VII to allow recovery of punitive damages in cases in
which the employer has engaged in:
a. discrimination based on creed.
b. discrimination based on third party information.
c. religious discrimination.
d. racial discrimination.
ANSWER: (c)

26. The court may award “reasonable attorney’s fees”:

a. with a notice from the chief justice of the Supreme court.
b. at its discretion.
c. upon the order of the federal government.
d. only when the plaintiff’s case was not frivolous, unreasonable, vexatious, or meritless.
ANSWER: (b)

27. All of the following individuals are subject to Title VII through the Presidential and Executive Office
Accountability Act except employees of the:
a. House of Representatives.
b. executive office of the president.
c. executive residence at the White House
d. official residence of the vice president
ANSWER: (a)

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28. Under which rule of Title VII, does the EEOC not need a certification as a class representative?
a. Rule 20
b. Rule 21
c. Rule 22
d. Rule 23
ANSWER: (d)

29. In which of the following cases did the Supreme Court uphold the court-ordered affirmative action to
remedy prior employment discrimination?
a. New York Gaslight Club v. Carey
b. Local 28, Sheet Metal Workers v. EEOC
c. Christianburg Garment Co. v. EEOC
d. Franks v. Bowman Transportation Co.
ANSWER: (b)

30. Title VII was amended in 1972 to cover:

a. judicial organizations.
b. federal employers.
c. employees of the state and federal employers.
d. employees of state and local employers.
ANSWER: (d)

31. The U.S. Attorney General has the authority under section 706(f) (1) to file a suit against:
a. the local public employer.
b. the private employer of a different state.
c. an employee of the EEOC.
d. an employee of the NLRB.
ANSWER: (a)

32. A federal employee alleging employment discrimination must first consult with a(n):
a. Lilly Ledbetter Fair Pay Act counselor.
b. Disparate Treatment Claims counselor.
c. Equal Employment Opportunity (EEO) counselor within the employee’s own agency.
d. National Labor Relations Board counselor.
ANSWER: (c)

33. Which of the following employees are subject to Title VII through the Congressional Accountability
Act of 1995?
a. National Labor Relations Board counselor
b. Capitol Guide Service
c. Office of the Architect of the Supreme Court
d. Office of the Attending Physician of the U.S. Attorney General.
ANSWER: (b)

34. The Office of Compliance initially attempts to resolve the complaint through:
a. litigation.
b. arbitration.
c. counseling and mediation.
d. specific performance of contract.
ANSWER: (c)

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35. Complaints by federal of violations of Title VII may choose to pursue the complaint with the:
a. state court.
b. US Supreme court.
c. federal apex court of the state.
d. EEOC or file suit in federal court.
ANSWER: (d)

Short Answer Questions

1. What does Title VII of the Civil Rights Act of 1964 deal with?
ANSWER: Title VII of the Civil Rights Act of 1964 deals with provisions and procedures
regarding discrimination based on religion and national origin.

2. What provisions are provided under section 703(e) (2) of Title VII of the Civil Rights Act of 1964?
ANSWER: Section 703(e) (2) of Title VII of the Civil Rights Act of 1964 provides that the
educational institution does not have to demonstrate business necessity to give
preference to members of its religion when hiring employees.

3. Explain ministerial exemption within the context of Title VII.

ANSWER: Ministerial exemption is provided under Title VII to avoid constitutional
concerns such as “excessive entanglement” of the government into the affairs of
the religious organization, and government interference with the free exercise
rights of the religious organization.

4. What is discrimination based on national origin?

ANSWER: Discrimination based on national origin includes any discrimination based upon
the place of origin of an applicant or employee or his or her ancestor(s) and any
discrimination based upon the physical, cultural, or linguistic characteristics of an
ethnic group.

5. Why should employers avoid arbitrary employment criteria, such as height or weight for applicants?
ANSWER: Employers should avoid arbitrary employment criteria, such as height or weight
requirements for applicants or employees because such requirements may have a
disparate impact on national origin.

6. Write down the provision of section 703(g) of Title VII.

ANSWER: The provision enumerated in section 703(g) of Title VII is that it allows the
employers to refuse to hire applicants who are denied national security clearances
for positions subject to federal security requirements.

7. How does Equal Employment opportunity commission (EEOC) differ from the workings of the
National Labor Relations Board (NLRB)?
ANSWER: The Equal Employment opportunity commission (EEOC) differs from the
workings of the National Labor Relations Board (NLRB) in a way that the EEOC
may initiate complaints on its own when it believes a party is involved in a
“pattern or practice” of discrimination.

8. What is the Lilly Ledbetter Fair Pay Act of 2009?

ANSWER: The Lilly Ledbetter Fair Pay Act of 2009 is a statute that extends time within
which an employee may file suit under several federal employment statutes.

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9. What are disparate treatment claims?

ANSWER: Claims of disparate treatment involve allegations of intentional discrimination in
employment. A plaintiff alleging disparate treatment must establish that he or she
was subjected to less favorable treatment because of his or her race, color,
religion, gender, or national origin.

10. What are the two methods for a defendant to respond when a prima-facie case of disparate treatment
has been established?
ANSWER: The two methods of responding by defendants in a prima-facie case of disparate
treatment that has been established by the plaintiff include:
 The defendant may challenge the statistical analysis, the methods of data
collection, or the significance of the plaintiff’s evidence, and
 The defendant may also submit alternative statistical proof that leads to
conclusions that contradict those of the plaintiff’s evidence.

Essay Questions

1. Discuss the Equal Employment opportunity commission (EEOC) guidelines that are considered in
determining what amounts to reasonable accommodation and whether it results in undue hardship.
ANSWER: The guidelines of the Equal Employment opportunity commission (EEOC) that
are considered while determining what a reasonable accommodation is and
whether it results in undue hardship are:
 the size of the employer’s work force and the number of employees
requiring accommodation
 the nature of the job or jobs that present a conflict
 the cost of the accommodation
 the administrative requirements of the accommodation
 whether the employees affected are under a collective bargaining
agreement
 what alternatives are available and have been considered by the
employer.
While considering the alternative means of accommodation available, the
employee must act reasonably and not put the employer through undue hardship.

2. Explain the policy regarding English-Only Rules.

ANSWER: An employer by denying employment opportunities because of an applicant’s or
employee’s foreign accent or inability to communicate well in English commits a
violation of Title VII. Use of the English-Only Rules by the employers is one
issue of specific concern to the EEOC. It is a violation of the EEOC Guidelines
on Discrimination because of National Origin under Title VII because the EEOC
believes that such rules may create an “atmosphere of inferiority, isolation, and
intimidation” based on an employee’s ethnicity, which could result in a
discriminatory working environment and tend to be “a burdensome term and
condition of employment.”

3. Explain Immigration Reform and Control Act of 1986, and Discrimination Based on National Origin
or Citizenship.
ANSWER: The Immigration Reform and Control Act of 1986 (IRCA) prohibits employment

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discrimination because of national origin or citizenship against applicants or

employees, other than illegal aliens, with respect to hiring, recruitment,
discharge, or referral for a fee. Whenever there is a necessity to comply with
other laws or federal, state, or local government contracts or when determined by
the attorney general to be essential for an employer to do business with a
government agency, the employer may, however, discriminate based upon
citizenship.
The protection of the IRCA, to cover seasonal agricultural workers is expanded
by the Immigration Act of 1990. The Department of Justice through the Special
Counsel for Immigration-Related Unfair Employment Practices, a position
created by the act, enforces the IRCA.

4. Discuss the enforcement of Title VII.

ANSWER: The Equal Employment Opportunity Commission (EEOC) enforces and
administers Title VII. The EEOC is headed by a five-member commission; the
commissioners are appointed by the president with Senate confirmation. The
general counsel of the EEOC is also appointed by the president, also with Senate
confirmation. The EEOC does not adjudicate, or decide, complaints alleging
violations of Title VII, nor is it the exclusive enforcement agency for
discrimination complaints, unlike the National Labor Relations Board. The
EEOC staff investigates complaints filed with it and attempts to settle such
complaints voluntarily. The EEOC may file suit against the alleged discriminator
in the federal courts, if a settlement is not reached voluntarily.

5. What are the remedies provided under Title VII?

ANSWER: Under Title VII, plaintiffs are entitled to a jury trial on their claims. Section
706(g) outlines the remedies available to a successful plaintiff under Title VII.
These remedies include:
 judicial orders requiring hiring or reinstatement of employees
 awarding of back pay and seniority
 injunctions against unlawful employment practices, and
 such affirmative action as may be appropriate

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