Question 1

Explain the policy regarding English-Only Rules.

Accepted 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."

Question 2

Explain Immigration Reform and Control Act of 1986,and Discrimination Based on National Origin or Citizenship.

Accepted Answer

The Immigration Reform and Control Act of 1986 (IRCA) prohibits employment
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.

Question 3

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.

Accepted Answer

A)   Trans World Airlines v.Harry
B)   Atkinson Airlines v.Hudson
C)   Starbucks Airlines v.Hardsen
D)   Trans World Airlines v.Hardison D

Question 4

The EEOC enforces __________ prohibiting employment discrimination.

Accepted Answer

A)   state laws
B)   regional laws
C)   community laws
D)   federal laws

Question 5

How does Equal Employment opportunity commission (EEOC) differ from the workings of the National Labor Relations Board (NLRB)?

Accepted Answer

The answer of How does Equal Employment opportunity commission (EEOC)...

Question 6

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:

Accepted Answer

A)   absolute.
B)   obsolete.
C)   not absolute.
D)   unconditional.

Question 7

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?

Accepted Answer

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.

Question 8

Government action involving religion raises issues under the __________ of the U.S.Constitution.

Accepted Answer

A)   Third Amendment
B)   First Amendment
C)   Fifth Amendment
D)   Fourth Amendment

Question 9

In which of the following cases did the Supreme Court uphold the court-ordered affirmative action to remedy prior employment discrimination?

Accepted Answer

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.

Question 10

The U.S.Attorney General has the authority under section 706(f) (1) to file a suit against:

Accepted Answer

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.

Question 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:

Accepted Answer

A)   dismissed the trial court judgment.
B)   remanded the trial court judgment.
C)   reversed the trial court judgment.
D)   enforced the trial court judgment.

Question 12

Unlike the National Labor Relations Act,Title VII does not give exclusive authority over employment discrimination issues to:

Accepted Answer

A)   local governments.
B)   state authorities.
C)   employers.
D)   the federal government.

Question 13

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:

Accepted Answer

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.

Question 14

Title VII includes religion within the BFOQ exception enumerated in:

Accepted Answer

A)   Section 703(d)  (2) .
B)   Section 703(d)  (1) .
C)   Section 702(d)  (2) .
D)   Section 703(e)  (1) .

Question 15

Under which rule of Title VII,does the EEOC not need a certification as a class representative?

Accepted Answer

A)   Rule 20
B)   Rule 21
C)   Rule 22
D)   Rule 23

Question 16

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:

Accepted Answer

A)   awarded back-pay.
B)   reinstated at a senior level with higher pay.
C)   awarded compensatory damages.
D)   awarded punitive damages.

Question 17

The court may award "reasonable attorney's fees":

Accepted Answer

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.

Question 18

Employers are allowed to refuse to hire applicants who are denied national security clearances for positions subject to federal security requirements under:

Accepted Answer

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.

Question 19

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

Accepted Answer

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.

Question 20

What are disparate treatment claims?

Accepted Answer

The answer of What are disparate treatment claims?...

Exam 8: Discrimination Based On Religion And National Origin & Procedures Under