Professional Documents
Culture Documents
Chapter 8
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
_____ 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
_____ 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.
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Cihon/Castagnera, Employment & Labor Law, 7e Test Bank page 2
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
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.
ANSWER: (c)
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publicly accessible website, in whole or in part.
Cihon/Castagnera, Employment & Labor Law, 7e Test Bank page 3
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.
ANSWER: (c)
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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)
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)
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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)
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:
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)
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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)
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)
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)
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)
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small sponge cakes. I was not a little surprised at their mode of
cooking a cauliflower which I had inquired for; after a great many
“toute a l’heure’s,” it made its appearance, boiled as soft as batter,
and mixed up with oil, vinegar, and pepper, like a salad!
The wine was excellent, and the glass circulated freely. Who
thought I, would not travel in a voiture, to live thus cheerily, and at so
trifling an expense, for it will scarcely appear credible, that the
proprietor had engaged to convey me to Toulouse, a distance of one
hundred and twenty-five miles, occupying five days on the journey,
and providing me with every necessary, beds included, for thirty-five
francs, equal to about five shillings and ten pence English money per
day!
I cannot but express myself grateful, for the interest this kind-
hearted woman evinced in my favour, on the present occasion; but
this is not the only time, that I have been indebted for support and
success, to a fair advocate.
In the present case, in order to put this surly fellow into good
humour, I thought well to advance him a couple of five franc pieces,
but without producing the effect I had anticipated; for finding myself
suffering from headach, which I attributed to want of due exercise, I
made signs for him to halt, while I might get out of the coach, with
the intention of walking for a time; he only, however, replied, with
much coolness, “toute a l’heure;” and notwithstanding my repeated
request, was quite indisposed to accommodate me, until I
manifested my intention of jumping out: he now thought well to stop
his horses, and proffer his assistance; however, I refused it, and
succeeded in finding the back part of the coach, where I secured my
hold by means of a piece of cord (which when travelling I make a
rule to carry always in my pocket), and which, in the present
instance, served me as a leading string; I then followed, in this way,
on foot for several miles, to the no small amusement of the villagers,
who laughed heartily, and even shouted after me. I had, however,
the satisfaction of getting rid of my headach, and succeeded in
completely tiring myself. We did not reach our breakfast point before
two o’clock, and proceeding again at four, arrived proportionately late
at the end of the day’s journey.
While our supper was getting ready, I went, under protection of the
soldier’s wife, to call upon Mrs. W⸺, a lady who had kindly offered
to assist in procuring me a reception, for the winter, in some
respectable French family. I was fortunate enough to find her at
home; when she expressed much surprise at the manner in which I
had travelled so far, and informed me, that preparatory
arrangements had been made for my residence in the family of
Colonel du B⸺. In returning to the inn we experienced some
embarrassment; for my conductress had been so long absent from
her native city, that we had much difficulty, in consequence of the
narrowness and intricacy of the streets, in finding our way back to
the inn.
But perhaps the more interesting feature of the family group, was
Mademoiselle la Sœur. This lady, somewhat advanced beyond the
noontide of life, was a diminutive woman, with one eye, and largely
attached to the charms of tabac, which contributed to give her voice
a strong nasal tone; but in addition to this penchant for snuff, she
enjoyed also the pleasures of the table; was fond of high-seasoned
dishes, onions, garlic, and wine; her converse was of the merry kind;
she was fond of whispering into one’s private ear; and with these
talents, seemed also wonderfully adapted for sociality, as she
cultivated a large circle of acquaintance in the town, and made it a
rule to return with a whole budget full of news for our amusement.
There are in this city some good squares, particularly the Place
Royal, in which are situated the town-house and theatre; the Place
St. George; the Place St. Stephen, containing the cathedral; and
also the Place de Bourbon, which with its neighbourhood is the more
eligible point for the residence of a stranger.
Some of the walks around the town are very fine, but the access to
them unpleasant, in consequence of the offensive smells proceeding
from the narrow streets in their vicinity; this is particularly the case as
you approach the fine bridge over the Garonne.
A theatre was open during a part of the winter, and we had two or
three public concerts, as well as a variety of private ones by amateur
performers, particularly during the season of the carnival, which
finished on the 14th of February, and exhibited all its usual variety of
masks, grotesque characters, and buffoonery; these concerts were
only given on the Sunday afternoon.
“M⸺
Pax illi ⸺”
Soon afterward, the city of Toulouse was thrown into a high state
of consternation, in consequence of the assassination of the Duc de
Berri; the imaginations of the inhabitants recurred to the sanguinary
scenes of the French revolution, in which this town had no small
share, and anticipated a return of its horrors. After this event, the
following invitation was addressed to the various English residents:
“Eglise reformée de Toulouse. Nos tres chers frères en Jesus
Christ.
I must not, however, leave this city, without paying a due tribute of
respect to the worthy family with whom I have been resident, whose
innumerable acts of kindness, and attention to a whimsical invalid,
will ever claim his gratitude.
For the first three days, I lived with this gentleman at his lodgings,
having however my sleeping-room at the Hotel de Midi; after which
time, I had the good fortune to place myself in the family of Madame
the Countess de M⸺, who occupied a noble mansion, agreeably
situated near the town, replete with every convenience, and
comprising beautiful gardens, embellished with terrace walks,
fountains, and a bosquet, where, to my surprise, the nightingale
sang all day long. For some reason or other, Madame found it
convenient to dispose of a part of her house; one portion was
occupied by two French officers with their families, and another by a
Russian officer. The suites of apartments were, however, perfectly
distinct, and there was little intercourse between the above and her
own family, which inhabited the better part of the house, and
consisted of herself, two daughters, and a relative, M. de C⸺.
I was exceedingly happy in this family, and with the friend who
accompanied me from Toulouse, made various excursions into the
surrounding neighbourhood; we particularly enjoyed the walks on the
banks of the river and lake, where the air was much cooler and more
agreeable, than on the road, at this time becoming dusty and
troublesome. The scenery, about two or three miles from the city, is
said to be romantically beautiful. On our return, we used,
occasionally, to take a warm bath, which was peculiarly refreshing,
and with respect to which, I noticed a luxury, which I had never
before remarked,—namely, a clean sheet thrown over the surface of
the bath, which you descend into, and are enveloped in.
There are also some delightful public walks about the town, as the
Perût, whence is a view of the Mediterranean, and Cevennes
mountains; the esplanade; and the botanic gardens. The city is also
surrounded by boulevards, of which I was able to make the tour in
forty minutes. The markets at Montpellier are well supplied with
meats and fish of all kinds; with poultry, vegetables, and fruits in
abundance. The vin ordinaire of the country, is termed vin de St.
George, which is good, and full bodied, and sold from the cask as
low as five or six sous the full quart bottle, although, after bottling
and refining, the wine merchant charges twenty sous for a small
wine quart. There is, however, another sort, termed vin de Lednon,
which is lighter, but highly flavoured, and consequently more
estimated, selling at thirty sous the bottle. A variety of other wines
may also be procured.
Anxious for the benefit I expected to derive from the waters of Aix,
I hastened my departure from Nismes on the 11th of July. I had only
a single companion in the diligence, an interesting young student of
seventeen or eighteen years of age, on his way from college to meet
some friends at Beaucaire, and as highly delighted with his
emancipation from scholastic trammels, as a young midshipman at
going on shore after a long cruise. At one place we took a glass of
liqueur together, and on my offering to pay for it, he laughed at me,
and said I was joking. At eight o’clock we reached Beaucaire, where
he left me. At this place great preparations were making for the
annual fair, which lasts about three weeks, and is of much
importance, as merchants attend it from all parts of Europe.
It was not easy to find a family like that of the Countess de M⸺,
at Montpellier, particularly at this season, when every one who could
afford to support the smallest establishment in the country, was, on
account of the excessive heat, gone out of town. At length I fixed
myself with Madame R⸺, the widow of an officer of dragoons, with
three children, the eldest a girl of fourteen. A rich old gentleman, her
cousin, M. B⸺, also resided with her, and they kept, in conjunction,
two carriages and three horses, and occupied three different country
houses.
The commerce of this great mercantile city was at this time much
depressed, owing to the heavy duties imposed upon goods imported
by American vessels; which however they managed to evade, in
some degree, by unshipping their cargoes at Nice, or Genoa, into
French coasters.
At four o’clock we left the inn, but the town-gates were yet closed,
and some time elapsed before they were opened to us; at length an