Employment Law for Business 7th Edition by Bennett Alexander – Test Bank
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Sample
Test
Chapter 03
Title VII of the Civil Rights Act of 1964
True / False Questions
1. (p. 100)The
1964 Civil Rights Act was passed the year after the historic March on Washington
led by the late Rev. Dr. Martin Luther King, Jr.
TRUE
Difficulty: 1 Easy
2. (p. 98)Jim
Crow laws were state laws requiring racial desegregation after Brown v. Topeka Board of Education.
FALSE
Difficulty: 1 Easy
3. (p. 100)Martin
Luther King gave the famous “I Have a Dream” Speech on August 28, 1965.
FALSE
Difficulty: 1 Easy
4. (p. 104)Title
VII protections were extended to congressional employees with the Congressional
Accountability Act of 1995.
TRUE
Difficulty: 2 Medium
5. (p. 104)The Pregnancy
Discrimination Act of 2007 expanded Title VII’s coverage by adding
discrimination on the basis of pregnancy as a type of gender discrimination.
FALSE
Difficulty: 1 Easy
6. (p. 111)U.S.
citizens employed outside the U.S. by foreign employers are protected against
workplace discrimination by Title VII.
FALSE
Difficulty: 2 Medium
7. (p. 114)Federal
employee claims must be filed with the EEOC within 45 days of the
discriminatory event.
FALSE
Difficulty: 2 Medium
8. (p. 114-115)Federal
employee claims of discrimination are filed through the EEOC.
FALSE
Difficulty: 2 Medium
9. (p. 118)An
employee may file a lawsuit against his/her former employer even if the EEOC
did not find justification for the claim of discrimination.
TRUE
Difficulty: 1 Easy
10. (p. 118)Title
VII requires courts to give EEOC decisions de novo review.
TRUE
Difficulty: 1 Easy
11. (p. 122-123)The
Civil Rights Act of 1991 overturned the Supreme Court’s ruling in Patterson v. McLean Credit Union that
limited the application of 42 U.S.C. sec. 1981 to the making of a contract, not
the performance of the contract.
TRUE
Difficulty: 3 Hard
Multiple Choice Questions
12. (p. 98)The
Civil Rights Act of 1964 prohibits discrimination
A. relating to employment, women in sports, and housing.
B. relating to employment only.
C. relating to employment, women in sports, housing, education, and public
accommodations.
D. relating
to employment, education, and public accommodations.
Difficulty: 1 Easy
13. (p. 100)In Brown v. Topeka Board of Education,
the U.S. Supreme Court:
A. for the first time, allowed jury trials in Title VII cases.
B. struck
down the separate but equal doctrine.
C. declared affirmative action to be a form of illegal reverse
discrimination.
D. for the first time, recognized the business necessity defense.
Difficulty: 1 Easy
14. (p. 105)The
Civil Rights Act of 1991
A. added compensatory damages and punitive damages as available remedies.
B. allowed jury trials at the request of either party when compensatory
and punitive damages are being sought.
C. A
and B
D. None of the choices are correct.
Difficulty: 1 Easy
15. (p. 111)Carol
Jones, a U.S. citizen, was employed with MET, Inc. in its London office. Met
Inc. is a Delaware corporation with its principle place of business in New
York. Ms. Jones was recently laid off, and she believes she was a victim of
racial discrimination. Ms. Jones
A. has no recourse because she was not working in the U.S. at the time she
was laid off.
B. has no recourse because employment discrimination laws do not apply to
lay offs.
C. has the right to file a claim for discrimination against her former
employer pursuant to Title VII of the Civil Rights Act of 1964.
D. has
the right to file a claim for discrimination against her former employer
pursuant to the Civil Rights Act of 1991.
Difficulty: 3 Hard
16. (p. 107)The
EEOC received more charges in fiscal year _______ than in any other year in its
history.
A. 1965
B. 1976
C. 1998
D. 2010
Difficulty: 1 Easy
17. (p. 110)Title
VII prohibits discrimination in
A. hiring
B. hiring and firing
C. hiring, firing, and compensation
D. hiring,
firing, training, and compensation
Difficulty: 1 Easy
18. (p. 111)Sally
Landon is employed by Kent Electronics, Inc. in its London facility. Kent
Electronics, Inc. is a U.S. corporation. Sally is not a U.S. citizen. Sally’s
job was eliminated in a recent reduction in force. She noticed that only women
were laid off. She contacted EEOC in Washington, D.C. to file a claim for
discrimination.
A. Sally’s claim will be investigated by EEOC.
B. Sally’s claim cannot be filed with EEOC because the discrimination did
not occur in the United States.
C. Sally’s
claim cannot be filed with EEOC because she is not a U.S. citizen and she does
not live in the United States.
D. Sally’s claim will be investigated by EEOC, but not all remedies
available to U.S. citizens will be available to Sally.
Difficulty: 3 Hard
19. (p. 111)Title
VII applies to
I. Employment agencies.
II. Employers engaged in interstate commerce, if they have 15 or more employees
for each working day in each of 26 or more calendar weeks in the current or
preceding calendar year.
III. Labor organizations of any kind that exist to deal with employers
concerning labor issues, engaged in an industry affecting commerce.
A. I and II
B. II and III
C. I
and III
D. I, II, and III
Difficulty: 3 Hard
20. (p. 111-112)Title
VII does not apply to
I. American employers employing U.S. citizens outside the U.S.
II. Communist organizations
III. Employers employing Native Americans living in or around Native American
reservations
A. I and II
B. II
and III
C. I and III
D. I, II, and III
Difficulty: 3 Hard
21. (p. 110,
115)Jay Foster was employed as an auto mechanic with Madison &
Sons Auto Shop. Mr. Madison employed 30 mechanics in each of his facilities in
Denver, Colorado. Jay was the only African American mechanic and he had been
employed by Mr. Madison for approximately 9 years. He had applied for a
promotion to chief mechanic on 4 separate occasions and each time, the
promotion had been given to a white male with less seniority and less
experience. After being denied the promotion for the 5th time,
Jay filed a claim with EEOC. Jay’s employment was terminated after the EEOC
contacted Mr. Madison concerning the claim.
A. The only claim that can be asserted against Mr. Madison is
discrimination based on race.
B. Mr. Madison can only be found to be liable for violation of the
anti-retaliation provisions of the Civil Rights Act of 1964.
C. Mr.
Madison may be found liable for violation of the prohibitions against
discrimination and the anti-retaliation provisions in the Civil Rights Act of
1964.
D. None of the choices are correct.
Difficulty: 2 Medium
22. (p. 111)Undocumented
workers are
A. not protected by Title VII of the Civil Rights Act.
B. protected by Title VII of the Civil Rights Act and afforded all the
same remedies as any other worker.
C. protected
by Title VII of the Civil Rights but are not eligible for reinstatement, back
pay for periods after discharge or failure to hire.
D. None of the choices are correct.
Difficulty: 3 Hard
23. (p. 111-112)Hilary
James owns and operates a Bed & Breakfast Inn near the Lumbee Indian
reservation. Ms. James gives a preference to Lumbee Indians when hiring for
positions at the Bed & Breakfast. Ms. James’ hiring practices
A. violate Title VII of the Civil Rights Act.
B. do
not violate Title VII because she is exempt from compliance with Title VII of
the Civil Rights Act.
C. do not violate Title VII because she is just exercising a preference;
it is not a written policy.
D. None of the choices are correct.
Difficulty: 2 Medium
24. (p. 112)Elijah
Murphy studied voice, opera, and Jewish liturgical music at the Southern
Baptist Theological Seminary. After he graduated, he applied for a job as a
cantor (i.e., professional singer who leads prayer services) at the Nashville
Downtown Synagogue. The synagogue responded that he was not qualified for the
position and refused to consider him for the job because he is not Jewish.
A. Elijah has a prima facie case of disparate treatment discrimination
against the synagogue and the synagogue has no defense.
B. Elijah
has a prima facie case of discrimination against the synagogue and the
synagogue can successfully assert the ministerial exception to Title VII.
C. Elijah does not have a prima facie case of discrimination, so it
doesn’t matter whether the synagogue can assert a defense.
D. Elijah has a prima facie case of discrimination against the synagogue
and the synagogue can successfully assert the business necessity defense.
Difficulty: 2 Medium
25. (p. 114)The
number of days that a non-federal government employee has to file a timely
claim with the EEOC, under Title VII of the Civil Rights Act, is
A. 45 days.
B. 120 days.
C. 300 days
D. 180
days.
Difficulty: 1 Easy
26. (p. 114)With
the Lilly Ledbetter Fair Pay Act of 2009, Congress
A. extended the statute of limitations for filing a pay discrimination
claim from 180 days to 300 days
B. extended the statute of limitations for filing a gender discrimination
claim based on pay from 180 days to 300 days
C. extended the statute of limitations for filing a race discrimination
claim based on pay from 180 days to 300 days
D. None
of the above.
Difficulty: 2 Medium
27. (p. 108,
115)In fiscal year 2010, __________ claims represented the largest
percentage of claims filed under Title VII.
A. race discrimination
B. gender discrimination
C. national origin discrimination
D. retaliation
Difficulty: 2 Medium
28. (p. 115)Claims
for discrimination filed with a 706 agency must be filed within ____ days of
the incident giving rise to the claim.
A. 45
B. 180
C. 300
D. None of the choices are correct.
Difficulty: 1 Easy
29. (p. 115)A
“706 agency” is a state agency that contracts with EEOC to assist in the
investigation of discrimination claims.
A. EEOC
can defer a claimant to a 706 agency for 60 days before investigating.
B. EEOC will not review claims deferred to 706 agencies.
C. 706 agencies do not investigate discrimination claims unless filed with
EEOC first.
D. None of the choices are correct.
Difficulty: 2 Medium
30. (p. 117)If
the parties elect mediation, but mediation is not successful:
A. the EEOC issues a right-to-sue letter to the claimant
B. the
EEOC investigates the claim
C. the EEOC sends the matter to court for de novo review
D. None of the above.
Difficulty: 2 Medium
31. (p. 117)After
EEOC completes its investigation,
A. upon a finding of no reasonable cause, it can give the employee a
right-to-sue letter.
B. if the claim is not disposed of by conciliation, the EEOC can take the
matter further and file suit against the employer in federal district court.
C. upon a finding of reasonable cause to charge the employer with
discrimination, it will attempt to bring the parties together for resolution by
conciliation.
D. All
of the choices are correct.
Difficulty: 2 Medium
32. (p. 117)The
EEOC has investigated Chen’s complaint of discrimination under Title VII
against his employer and sent him a notice that it determined that there was no
reasonable cause for his complaint.
A. Chen has 180 days after he receives his “right-to-sue” letter from the
EEOC to bring the same complaint to his state’s 706 agency and try to get a
better result.
B. Chen has 180 days after he receives his “right-to-sue” letter from the
EEOC to sue his employer in federal court.
C. Chen
has 90 days after he receives his “right-to-sue” letter from the EEOC to sue
his employer in federal court.
D. Chen has 90 days after he receives his “right-to-sue” letter from the
EEOC to bring the same complaint to his state’s 706 agency and try to get a
better result.
Difficulty: 1 Easy
33. (p. 118)Mandatory
Arbitration Agreements wherein the employee agrees to arbitrate all disputes
arising out of his/her employment relationship
A. do not interfere with the employee’s right to file a claim for
discrimination with the EEOC.
B. prevent
an employee from pursuing a claim for discrimination with the EEOC.
C. are enforceable except when the employer violates Title VII of the
Civil Rights Act.
D. are not enforceable unless authorized by the EEOC.
Difficulty: 3 Hard
34. (p. 119)Courts
are closed to Title VII claimants if
A. they
have signed mandatory arbitration agreements with their employers
B. they are referred to mediation by the EEOC
C. they file their claims with a 706 agency
D. All of the above.
Difficulty: 2 Medium
35. (p. 119)Nemo
Gill was hired by the Spectacular Tropical Aquarium and agreed to submit any
disputes arising out of his employment to binding arbitration. Nemo was fired
when he became a “Rastafarian” and urged his co-workers to become vegetarians
and smoke ganja. Without waiting for the results of the arbitration, Nemo filed
a complaint alleging religious discrimination with the EEOC. The EEOC quickly
filed a lawsuit on his behalf. Spectacular moved to have the EEOC’s lawsuit
dismissed on the grounds that Nemo signed a valid arbitration agreement.
A. The EEOC cannot bring a lawsuit enforcement action against Spectacular
because Nemo signed the mandatory arbitration agreement.
B. The
EEOC can bring a lawsuit enforcement action against Spectacular despite Nemo’s
agreeing to arbitration.
C. The EEOC cannot bring a lawsuit enforcement action against Spectacular
because Nemo did not wait for the results of the arbitration.
D. The EEOC cannot bring a lawsuit enforcement action against Spectacular
because Nemo’s urging his co-workers to smoke ganja and become vegetarians had
nothing to do with his job.
Difficulty: 2 Medium
36. (p. 121)“Black
codes”
A. were
enacted by Southern states after the Civil War to replace “slave codes” in
enforcing white superiority.
B. enable black employees in the workplace to communicate using terms that
are only understood by black people.
C. were finally prohibited by the Civil Rights Act of 1991.
D. were a subtle form of discrimination in Northern states while
segregation was practiced in the South.
Difficulty: 2 Medium
37. (p. 122-123)Agnes
wishes to bring a race-based discrimination suit against her employer under 42
U.S.C. 1981. In order to process her case she must take the following actions.
A. File her claim with the EEOC (or a 706 agency) within 180 days.
B. Exhaust her administrative remedies at the EEOC before bringing the
suit in federal court.
C. Receive a right-to-sue letter from the EEOC.
D. None
of the choices is correct
Difficulty: 2 Medium
38. (p. 122)The
Barbers are African Americans. They applied for membership at their local
health club. They were denied membership. They discover that the health club
has a history of rejecting membership applications of African Americans. They
may bring a claim:
A. under Title VII
B. under
42 U.S.C. sec. 1981
C. under 42 U.S.C. sec. 1983
D. A and B
Difficulty: 2 Medium
39. (p. 121)______________,
known as the Ku Klux Klan Act, addresses conspiracies to interfere with or
deprive others of their civil rights.
A. 42 U.S.C. sec. 1981
B. 42 U.S.C. sec. 1983
C. 42
U.S.C. sec. 1985
D. None of the above.
Difficulty: 2 Medium
40. (p. 122-123)A
person who brings a claim of employment discrimination under 42 U.S.C. section
1981 must show that
A. there was a conspiracy to cause discrimination by other persons at the
workplace.
B. that the person who discriminated was acting under color of state law.
C. that
the discrimination occurred in connection with an employment contract.
D. that the discrimination was based on a disparate impact.
Difficulty: 1 Easy
41. (p. 123-124)Marion
Zhu is a social worker with the Middle Sierra School District. Her race is
Asian. She is denied a promotion at work although she had the highest score on
the social workers promotion examination. A white social worker and a black
social worker who had lower scores on the exam were promoted. The School
District’s Human Resources Department declines to hear her appeal. Marion is
convinced that she was not promoted because she is Asian. Marion can bring a
claim of discrimination based on
A. Title VII of the Civil Rights Act of 1964.
B. 42 U.S.C. section 1983.
C. The Fourteenth amendment to the U.S. Constitution.
D. All
of the choices are correct.
Difficulty: 2 Medium
42. (p. 123)The
term ‘under color of state law’ refers to:
A. laws enacted to protect the “Rainbow Coalition.”
B. any discrimination complaint that is brought outside the provisions of
Title VII.
C. state Jim Crow laws.
D. an
action taken by a person acting on behalf of a state or local government that
deprives someone else of their civil rights.
Difficulty: 2 Medium
43. (p. 122-123)42
U.S.C. sec. 1981
A. makes
it illegal to discriminate against blacks on the basis of race in making and
enforcing contracts.
B. makes it illegal to deny civil rights on the basis of color by someone
acting as if they were acting on behalf of the government.
C. prohibits joint activity to deny someone their rights based on race.
D. All of the choices are correct.
Difficulty: 2 Medium
44. (p. 121)42
U.S.C. sec. 1985 is:
A. enforced only by the EEOC.
B. enforced only by the OFCCP.
C. enforced
entirely by private right of action.
D. repealed by the Civil Rights Act of 1991.
Difficulty: 1 Easy
45. (p. 122)Sylvester
Goldman, a black man, enters an employment contract with Beltway Analysts and
Advisors, for a term of three years. Shortly after beginning work, it is made
clear to Sylvester by some of his white colleagues that he is not welcome. The
lock on his office is broken, his telephone voicemail is sabotaged, and his
email is corrupted by a virus. These activities make it nearly impossible for
Sylvester to do his work. Sylvester’s contract is terminated for poor
performance. Sylvester has viable race discrimination causes of action against
his employer under:
A. either Title VII or 42 U.S.C. sec. 1981 but not both.
B. 42 U.S.C. sec. 1983.
C. both
Title VII and 42 U.S.C. sec. 1981.
D. the ruling in Patterson
v. McLean Credit Union
Difficulty: 3 Hard
46. (p. 124)________________
was used against the police officers who were videotaped during the arrest of
Rodney King in Los Angeles in 1991.
A. Title VII.
B. 42 U.S.C. sec. 1981.
C. 42
U.S.C. sec. 1983.
D. 42 U.S.C. sec. 1985.
Difficulty: 2 Medium
47. (p. 133)In Ali v. Mount Sinai Hospital,
the federal court:
A. granted summary judgment for the claimant because the hospital enforced
its dress code in a discriminatory manner.
B. granted
summary judgment for the hospital because the claimant failed to show evidence
that the hospital enforced its dress code in a discriminatory manner.
C. denied claimant’s motion for summary judgment.
D. denied the hospital’s motion for summary judgment.
Difficulty: 3 Hard
48. (p. 151)Samantha
Bradshaw signed an employment contract with Soaks in the City to work as a hot
tub sales clerk. The agreement included an arbitration agreement. After
Samantha was denied a promotion she filed a charge of discrimination with the
EEOC. The manager of Soaks told Samantha that her employment contract requires
her to use arbitration to pursue her case instead of going to the EEOC.
A. Samantha cannot pursue her claim of discrimination at the EEOC because
she signed a contract agreeing to arbitration.
B. The
EEOC can take Samantha’s case to court because it was not a party to the
employment agreement.
C. The EEOC can represent Samantha in the arbitration of her case because
it is the official government agency for resolving complaints of
discrimination.
D. If the arbitration hearing is held and a decision is issued before the
EEOC takes action it will be the final result for Samantha’s claim.
Difficulty: 2 Medium
Essay Questions
49. (p. 111)Joe’s
Bakery advertised in the local newspaper for an assistant baker. Muhammad, a
recent honors graduate of the Culinary School of America, applied for the
position and was told that the position had been filled, although the position
remained open. Muhammad is of Middle-Eastern descent and practices the Muslim
faith. The following day and for nine consecutive days, Muhammad saw the ad in
the paper again. Joe’s Bakery employs 7 people, including Joe. Do the facts
satisfy the requirements for a prima facie case? If so, can Muhammad pursue a
claim for discrimination against Joe’s Bakery?
This scenario satisfies all of the elements of a prima facie
case. First, Muhammad is a member of a protected class in that he is Muslim.
Secondly, he applied for a job as assistant baker, and he was qualified to hold
that position. Third, Muhammad was not hired and the job remained open. Joe’s
Bakery continued to advertise the position and accept applications.
Even though Muhammad has satisfied all the elements of a prima
facie case, he cannot file a claim for discrimination against Joe’s Bakery
because the company only employs 7 people. Title VII of the Civil Rights Act
only applies to employers with 15 employees or more.
Difficulty: 3 Hard
50. (p. 112-113)List
the steps in the process used to file a claim for discrimination within the
EEOC.
(1) Employee files a claim with the EEOC.
(2) EEOC notifies the employer/responding party of the alleged discrimination.
(3) Parties may receive a referral to mediation.
(4) If both elect mediation, charge is mediated.
(5) If the parties resolve the dispute in mediation, the settlement is binding
and the case is closed.
(6) If the parties do not accept mediation or mediation does not resolve the
dispute, the EEOC investigates the claim.
(7) If the EEOC’s investigation shows reasonable cause to believe
discrimination has occurred, parties meet and try to conciliate.
(8) If agreement is reached in conciliation, the settlement is binding and the
case is closed.
(9) If the EEOC’s investigation shows no reasonable cause, the employee is
notified of the EEOC’s decision and given a right-to-sue letter.
(10) If reasonable cause is found, the EEOC notifies the employer of the
proposed remedy.
(11) If employer disagrees, he or she can appeal the decision.
Difficulty: 1 Easy
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