Chapter 9, 10, 11

In order to accommodate an employee's religion per Title VII of the Civil Rights Act of 1964, an employer: need not previously know of, or have heard of, or approve of the employee's religion. must be convinced that the employee has been practicing the religion before his or her current employment. cannot question the sincerity of the belief merely because the employer thinks the religion is strange. A and C

A and C. Explanation: In order to accommodate an employee's religion per Title VII of the Civil Rights Act of 1964, an employer need not previously know of, or have heard of, or approve of the employee's religion. Also, the employer cannot question the sincerity of the belief merely because the employer thinks the religion is strange.

The EEOC has interpreted the prohibition on gender discrimination to include: gender sexual orientation gender identity All of the above

All of the above Explanation: EEOC has interpreted the prohibition on gender discrimination as including discrimination based on sexual orientation and gender identity.

LGBTQ employees are eligible to bring which civil tort actions? Intentional infliction of emotional distress Intentional interference with contractual relations Defamation All of the above

All of the above Explanation: If the facts warrant, LGBTQ employees may bring civil tort actions such as intentional infliction of emotional distress, intentional interference with contractual relations, invasion of privacy, or defamation. The outcome depends on the particular circumstances, but employers should be mindful of the possibility of civil suits with unlimited damages.

Joanne and Lisa work for the same employer. Joanne is a devout Catholic and Lisa is a Mormon. Joanne constantly mocks Lisa for her Mormon beliefs. Lisa asked Joanne to stop several times but Joanne continues the mocking. Joanne went to her supervisor, Charles, and asked him to become involved in the situation. What should Charles do?

Ask Joanne to stop the harassing behavior because it could lead to liability for the company. Explanation: Charles should ask Joanne to stop the harassing behavior. Joanne's actions likely constitute religious harassment since the behavior was ongoing. According to the guidelines issued by President Clinton for the religious freedom of federal employees, workers are permitted to engage in religious expression directed at fellow employees and may even attempt to persuade fellow employees of their religious views. However, employees must refrain from such expression when a fellow employee asks that it stop or otherwise demonstrates that it is unwelcome.

Atheism cannot be considered the equivalent of a religion for the purposes of Title VII (of the Civil Rights Act of 1964). True False

False

The Defense of Marriage Act (DOMA) defined marriage, for federal purposes, as between any two individuals, regardless of their gender identities or sexual orientations. True False

False

How will the Employment Nondiscrimination Act (ENDA) affect Title VII of the Civil Rights Act of 1964 if enacted?

It will extend Title VII's coverage to include discrimination on the basis of sexual orientation and gender identity. Explanation: If enacted, the Employment Nondiscrimination Act (ENDA) would basically extend Title VII's (the Civil Rights Act of 1964) reach to include discrimination on the basis of sexual orientation and gender identity. The Senate passed ENDA for the first time in history in 2013, but the U.S. House of Representatives has failed to do so.

Laura, a lesbian, is employed by Ohio Construction as a welder. Laura's co-workers did not know that she is a lesbian. She was frequently subjected to verbal abuse by her male co-workers who think that welding is a man's job. Laura is called inappropriate names and is exposed to nude pictures of women on the walls. When she complains to her supervisor, she is told to ignore such behavior and focus on her work instead. Laura eventually quits her job. Which of the following holds true in this scenario? Laura has a discrimination claim under Title VII because she is a lesbian. Laura does not have a discrimination claim under Title VII because she voluntarily quit her job. Laura has a discrimination claim under Title VII because she was subjected to sexual harassment. Laura does not have a discrimination claim under Title VII because of the bona fide occupational qualification defense.

Laura has a discrimination claim under Title VII because she was subjected to sexual harassment. Explanation: Laura has a claim under Title VII of the Civil Rights Act of 1964 because she was subjected to sexual harassment. Sexual harassment in the form of a hostile work environment constitutes sex discrimination. Sexual harassment is actionable under Title VII of the Civil Rights Act of 1964 to the extent it occurs "because of" an employee's gender.

Ross, a homosexual male, refuses to award Martin, a heterosexual, a well-deserved promotion at work unless Martin agrees to get physically intimate with him. Martin refuses and is not promoted. Martin brings a claim of sexual harassment against Ross on the grounds that Martin conditioned the promotion of the men in his department on the granting of sexual favors but did not similarly condition the promotion of the women in his department. Which of the following will hold true in this scenario? Martin can proceed with a claim under the Defense of Marriage Act (DOMA). Martin's claim will be dismissed on the grounds that promotion at work is not an employment a condition covered under Title VII of the Civil Rights Act of 1964. Martin's success will solely depend on whether he can convince the court that he is not homosexual. Martin can proceed with a claim under Title VII of the Civil Rights Act of 1964 based on same-gender sexual harassment.

Martin can proceed with a claim under Title VII of the Civil Rights Act of 1964 based on same-gender sexual harassment. Explanation: Martin can proceed with a claim under Title VII of the Civil Rights Act of 1964 based on same-gender sexual harassment. Sexual harassment of an employee by someone of the same gender is prohibited under Title VII.

Charity Hospital has 20 Muslim employees in its maintenance department. The hospital has a designated room in the basement for its Muslim employees to follow their practice of praying five times a day. Muhammad, a new employee, refused to use the room in the basement because he felt it degraded his religion. He instead used the visitors' waiting room on the third floor to pray in spite of his supervisor asking him not to pray there. Consequently, he was fired. Which of the following is most likely to be true in this case? Muhammad has a claim for religious discrimination because Charity Hospital unreasonably failed to accommodate his religious practice by prohibiting him from praying where he felt comfortable. Muhammad has a claim for religious discrimination because the room in the basement was not a reasonable accommodation. Muhammad does not have a claim for religious discrimination because he had a duty to cooperate in the accommodation. Muhammad does not have a claim for religious discrimination because the other employees participated in the accommodation by the employer.

Muhammad does not have a claim for religious discrimination because he had a duty to cooperate in the accommodation. Explanation: Muhammad does not have a claim for religious discrimination because he had a duty to cooperate in the accommodation. An employee also must be reasonable in considering accommodation alternatives. The protection Title VII (of the Civil Rights Act of 1964) provides for employment discrimination on the basis of religion does not mean that the employer must resolve the conflict in the way the employee wants.

Gotam, a devout Hindu, was employed as a waiter by Daffodil & Chrome Restaurant, a popular location for banquets. On a day when a banquet was held for VIPs, he turned up for work with a religious symbol, applied using sandalwood paste, on his forehead. When confronted about this by the manager, Gotam claimed that the symbol was a sign of good luck in Hinduism. He had never informed the management of his religious beliefs before this moment. Gotam was asked to remove the religious symbol or work in the kitchen for the evening. Gotam refused and the manager at Daffodil & Chrome fired him. Does Gotam have a valid religious discrimination claim?

No, because he failed to inform the employer of the conflict before the banquet and after he did, Daffodil & Chrome to offered a reasonable accommodation. Explanation: Gotam can show a prima facie case by establishing that the practice of placing the symbol on his forehead is part of his religion, he had earlier informed Daffodil & Chrome about his religious conflict, and he was disciplined for not complying with the employment requirement. In order for an employee to proceed with a claim of religious discrimination, he must first establish a prima facie case by establishing that a) he holds a sincere religious belief that conflicts with an employment requirement; b) he has informed the employer of the conflict; and c) he was discharged or disciplined for failing to comply with the conflicting employment requirement. If an employee establishes a prima facie case, the burden shifts to the employer to show that it offered a reasonable accommodation to the employee or that it could not reasonably accommodate the employee without incurring undue hardship.

Prices Rite, a discount store, employs a number of individuals to work in its warehouse areaand to keep the shelves stocked with product. To maintain a safe atmosphere for all employees, Prices established requirements for personal protective equipment both in the warehouse and on the store floor. While in the warehouse, employees must wear hard hats, steel-toed safety shoes, and protective gloves. While stocking the sales floor, employees are required to wear only the steel-toed safety shoes and protective gloves (for frozen products only). Harjit, a practicing Sikh, works for Prices and is subject to the safety requirements. Harjit complies, except that he often does not wear the hard hat because he doesn't want to cover his turban. Harjit received several disciplinary charges for failure to wear the hard hat, and ultimately was terminated. Harjit filed a case under Title VII in which he alleged discrimination based on religion. What is the most likely outcome in this case?

Prices may win if there was no available alternative to dismissal that did not cause undue hardship. Explanation: Prices may win if it can demonstrate that there was no other available alternative to termination that would not cause undue hardship. Employers can discriminate against an employee for religious reasons if to do otherwise would cause the employer undue hardship. In some cases, the only alternative available to the employer is demotion or termination, depending on the circumstances. Once the employee establishes a prima facie case of religious discrimination in court, the burden will shift to the employer to demonstrate that this was the only viable alternative. If so, the discrimination may not be prohibited if other alternatives would present the employer with undue hardship.

LaTonya joins the Freewill Church, and as a member, she is not allowed to wear pants. Her employer, Salo's Seafood, requires all employees to wear coveralls provided by the company for safety reasons. Although LaTonya wore the uniform prior to joining the church, she now refuses to wear the coveralls. She explains to Sal, the owner of the restaurant, that wearing pants is against her beliefs. Sal makes an exception in her case and allows her to wear knee-length boots with a protective jacket, but LaTonya refuses to wear the boots. Sal fires her for insubordination. Which of the following holds true in this case?

Sal is not liable for religious discrimination because he made an effort to reasonably accommodate LaTonya's religious practice. Explanation: Sal is not liable for religious discrimination because he made an effort to reasonably accommodate LaTonya's religious practice. Under Title VII (of the Civil Rights Act of 1964), the employer must try to find a way to avoid conflict between workplace policies and an employee's religious practices or beliefs. This is known as the duty to reasonably accommodate.

Which of the following statements is true about Title VII and a definition of "religion"? Title VII originally included a definition of religion. Title VII was amended in 1972 to include a definition of religion that includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. Title VII does not define religion. Courts and the EEOC have developed the working definition that is in use today. Title VII was amended in 1972 to define religion as including aspects of religious observance and practice, unless an employer does not approve or agree with that religion.

Title VII was amended in 1972 to include a definition of religion that includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. Explanation: In the 1972 amendments to Title VII, section 701, providing definitions for terms within Title VII, section (j) states: "The term 'religion' includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business."

Which of the following is required of the employer when an employee brings a religious conflict to their attention? Find an accommodation for the employee regardless of the burden or cost to the employer. To accommodate, or attempt to accommodate, the employee's religious conflict unless it creates an undue burden on the employer. To dismiss or ignore the employee's request if the employer believes that accommodating it will be too much of a problem. To convince the employee to drop the matter or face discipline up to and including termination of employment.

To accommodate, or attempt to accommodate, the employee's religious conflict unless it creates an undue burden on the employer. Explanation: If it can be shown that the employer reasonably accommodated or attempted to accommodate the employee, then the employer is relieved of liability. The important factor is for the employer to make a good-faith attempt at an accommodation rather than simply dismissing the conflict without even trying to do so.

Tom is a transgender, and he is actively transitioning. He informed his supervisor that he will start to live and dress as a woman after his gender reassignment surgery. His supervisor calls Tom deviant and fires him. Which of the following holds true in this scenario? Tom's termination violates Title VII if the discharge was based on gender identity. Tom's termination violates Title VII only if he was harassed based on his sexual orientation. Tom's termination does not violate any state law if his state has a gender identity statute. Tom's termination does not violate any federal law if the discharge was based on gender discrimination.

Tom's termination violates Title VII if the discharge was based on gender identity. Explanation: The Equal Employment Opportunity Commission (EEOC) included gender identity as part of gender discrimination under Title VII in 2012. In the EEOC's view, because Title VII is a remedial law, it needed to be broadly construed to strike at the entire spectrum of ways in which discrimination is manifested.

Which of the following is true of transgender employees? Transgender employees want special treatment because of the difficulties they face. Transgender employees just want to be treated as the gender they feel they are and represent themselves to be. Transgender employees are gay or lesbian employees that have remained in the closet. Transgender employees have had surgery to change to the opposite gender.

Transgender employees just want to be treated as the gender they feel they are and represent themselves to be. Explanation: While the term transgender has traditionally been used for those who have undergone gender reassignment surgery, a change in the use of the term has come with a growing awareness of the issues of transgender individuals and a greater sense of themselves than historically. It is now often used more loosely to include those who may not yet have had surgery but are living as the opposite gender. There are those within the transgender community who may have had surgery to change their gender, or those who cannot afford such surgery or for other reasons may not wish to have surgery, but they still feel like the gender opposite their outward appearance and they wish to present that to the world. They may have had some surgery and not other surgery. Whether they have or have not is totally irrelevant to their ability to do their job, and it is inappropriate to ask. Transgender employees simply want to be treated as the gender they feel themselves to be and represent themselves as.

Employers need to be concerned with the possibility of religious harassment in the workplace —for example, nonreligious employees complaining that they are being harassed by religious employees. True False

True

One of the factors that the courts will look at when deciding if an employer has reasonably accommodated an employee's religious conflict is whether other employees are willing to assist in the accommodation. True False

True

The issue of religion was addressed by Congress in the 1972 amendments to Title VII of the Civil Rights Act of 1964. True False

True

Paul is being subjected to severe, pervasive, and unwelcome sexually harassing behavior from his supervisor, Greg. Can Paul bring a suit against Greg for sexual harassment under Title VII of the Civil Rights Act of 1964?

Yes he can because Title VII prohibits same-gender sexual harassment. Explanation: Paul can bring a suit against Greg for sexual harassment under Title VII of the Civil Rights Act of 1964 because Title VII prohibits same-gender sexual harassment.

In Peterson v. Wilmur Communications, Inc., the employer demoted an employee after he appeared in a newspaper article describing his involvement in a religion that espouses racial separation much like the Ku Klux Klan. In this case, the court determined that the claimant's faith was:

a religion under Title VII of the Civil Rights Act of 1964, as unorthodox, and even as repulsive, as it was. Explanation: In Peterson v. Wilmur Communications, Inc., the court determined that the claimant's religion was a religion under Title VII (of the Civil Rights Act of 1964) because the claimant's beliefs were sincerely held. The court determined that the religion, as unorthodox, and even as repulsive, as it was, was required by Title VII to be treated just like any other religion for Title VII purposes.

Aiden became Arlene, a female, and soon thereafter had gender reassignment surgery. Prior to the surgery, Aiden was the lead salesperson at Exotic Auto Sales, a high-end car dealership. When Arlene reported to work after her surgery, she found that her hours had been cut and she was reassigned to a desk in the back of the showroom (a less desirable location). When she asked her supervisor about the changes, she was told that Exotic already had too many female salespersons. Arlene filed a claim with the Equal Employment Opportunity Commission (EEOC). Which of the following is a likely result? arlene can claim discrimination under Title VII of the Civil Rights Act of 1964 using the bona fide occupational qualification defense. arlene can claim gender discrimination under Title VII of the Civil Rights Act of 1964 because it includes gender identity as part of gender discrimination. arlene's claim may be invalid because gender reassignment surgery is not recognized under Title VII. arlene's claim may be invalid because this is a business decision and not sexual harassment.

arlene can claim gender discrimination under Title VII of the Civil Rights Act of 1964 because it includes gender identity as part of gender discrimination. Explanation: Arlene can claim gender discrimination under Title VII because it covers gender identity discrimination. In the case of gender identity, the EEOC said there is discrimination either because an employee transitioned from one gender to the other or because an employer is uncomfortable with an employee not conforming to gender norms, and either should be actionable under Title VII as gender discrimination.

Porter seeks reasonable accommodation for a religious practice unique to the Heavenly Masters religion. Porter's employer has never heard of such a religion. In order to determine whether Porter's demand for accommodation is truly based on religion, his employer must determine whether Porter's:

belief is closely held, and whether it occupies the place of religion in his life. Explanation: In order to determine whether Porter's demand for accommodation is truly based on religion, his employer must determine whether Porter's belief is closely held and whether the belief occupies the place of religion in his life. It means that even atheism has been considered a religion for Title VII purposes.

Unions and employers:

both have a duty to reasonably accommodate an employee's religious conflict. Explanation: It has been determined that, even though Title VII applies the term religion with reference to an employer having a duty to reasonably accommodate, unions are also under a duty to reasonably accommodate religious conflicts.

Carrie is a lesbian who worked as a teacher and a part-time administrative coordinator at a public school for 14 years. Loren, a student, discovered that Carrie was a lesbian and informed her mother. Loren's mother raised the issue with the school's principal, after which Carrie was asked to stop teaching, though she was allowed to continue as an administrative coordinator in the same school. In this scenario, Carrie:

can file a suit based on the Equal Protection Clause of the U.S. Constitution because she is a local government employee. Explanation: Carrie can file a suit based on the Equal Protection Clause of the U.S. Constitution because she is a local government employee. In addition to rights that may be provided by state and local legislation, LGBTQ public employees adversely affected by an employment decision based on sexual orientation may, under appropriate circumstances, use state constitutions or the First, Fifth, or Fourteenth Amendments of the U.S. Constitution as a basis for suit, as well as the constitutional right to privacy. This applies to federal, state, and local employees.

Gender dysphoria is a medical condition recognized by the American Medical Association which:

causes a person to feel like their mind is one gender, and their body is the opposite. Explanation: The condition of feeling like your mind is one gender and your body is the opposite is a medical condition recognized by the American Medical Association as gender dysphoria, also called gender identity disorder.

LGBTQ individuals who openly disclose their sexual orientation to others are known as:

coming out of the closet. Explanation: Closeted/In the closet: LGBTQ individuals who do not openly disclose their sexual orientation to others. Coming out of the closet: The process of self- acceptance and/or disclosure of LGBTQ identity to others. People can disclose to none, some, or all of the people they know.

Affirmative transgender-inclusive health care benefits:

created only a marginal increase in costs. Explanation: Affirmative transgender-inclusive health care benefits and removal of all broad exclusions to coverage across plan offerings only created a marginal increase, a fraction of a decimal point of cost calculations.

Sexual orientation is different from gender identity in that:

gender identity involves feeling that the body and mind are at odds. Explanation: Gender identity involves how an individual identifies with gender. It encompasses several different manifestations, including sexual reassignment surgery and its stages, or dressing or acting in ways consistent with a gender other than the employee's birth gender transgender. This is quite different from the issue of sexual orientation. Gays and lesbians do not feel that their body and mind are at odds. They simply have an affinity for their same gender. By the Equal Employment Opportunity Commission decision, gender identity is considered a type of gender for workplace discrimination purposes.

Lucas is a waiter at The Foodie Club. He is also studying fashion design at a local college. The other waiters ridicule his chosen field of study, saying that "real men don't use sewing machines." They call him a punk and keep targeting all their jokes at him. They even attempted to pull his shirt off once. This type of verbal and physical abuse takes place on a regular basis and has caused him a lot of duress. In this scenario, Lucas:

has a claim for same-gender sexual harassment under Title VII. Explanation: Lucas has a claim for same-gender sexual harassment under Title VII of the Civil Rights Act of 1964.

Qiang, an Asian employee working at Rapid Fire Inc., is terminated on the grounds that he is homosexual. He wants to file a discrimination claim against his employer. Qiang may have a valid claim under Title VII of the Civil Rights Act of 1964 if he can show that:

his employer did not terminate homosexual employees from other races. Explanation: Qiang may have a valid claim under Title VII of the Civil Rights Act of 1964 if he can show that his employer did not terminate homosexual employees from other races. This may evidence discrimination based on race, which is actionable. Also, since the U.S. Supreme Court's decision in Bostock, sexual orientation and gender identity are noow protected categories under Title VII.

An employer only has a duty to find an accommodation for an employee's religious conflict :

if the employee had the religious conflict when first hired by the employer and if the employee developed a religious conflict during the course of his employment. Explanation: Employers often ask, "Must I accommodate the employee's religious conflict if the conflict did not exist when the employee was hired?" The answer is yes. The duty attaches to the conflict itself, not to when the conflict arises. Legally, it does not matter whether the conflict was present when the applicant was hired or arose later; there is still a duty on the employer to attempt to accommodate the religious conflict.

A person is considered a transgender:

if the person feels that his or her physical gender does not match his or her emotional or psychological gender. Explanation: According to the Human Rights Campaign, the term transgender encompasses cross-dressers, intersexed people (formerly called hermaphrodites, or those born with both sex organs), transsexuals, and people who live substantial portions of their lives as other than their birth gender. Within the transgender community are those who may have surgery to change their gender, or those who cannot afford such surgery or for other reasons may not wish to have surgery, but they still feel like the gender opposite their outward appearance and they wish to present that to the world.

As was introduced through the 1972 amendments to Title VII (of the Civil Rights Act of 1964), the term religion:

includes all aspects of religious observance and practice, as well as belief, that do not cause undue hardship to the employer. Explanation: As was introduced through the 1972 amendments to Title VII (of the Civil Rights Act of 1964), the term religion includes all aspects of religious observance and practice, as well as belief, that do not cause undue hardship to an employer. Title VII originally provided no guidance as to what it meant by the word religion. It was in the 1972 amendments to Title VII that Congress addressed the issue.

Under Title VII of the Civil Rights Act of 1964, there is not an absolute prohibition against discrimination on the basis of:

religion Unlike the other categories included in Title VII (of the Civil Rights Act of 1964), there is not an absolute prohibition against discrimination on the basis of religion. Under Title VII, one sees for the first time a category that has built into it a duty to reasonably accommodate an employee's religious conflict unless to do so would cause the employer undue hardship.

Eric is a public employee. He is subjected to discrimination at work after a few co-workers learn that he is gay. If he files a sexual orientation discrimination claim, it could be based on:

the Equal Protection Clause of the U.S. Constitution. Explanation: In addition to rights that may be provided by state and local legislation, LGBTQ public employees adversely affected by an employment decision based on sexual orientation may, under appropriate circumstances, use state constitutions or the First, Fifth, or Fourteenth Amendments of the U.S. Constitution as a basis for suit, as well as the constitutional right to privacy. It appears that the plain language of the Fourteenth Amendment's Equal Protection Clause prohibits a state government or agency from engaging in intentional discrimination—even on the basis of sexual orientation—absent some rational basis for so doing.

All of the following are considered types of prohibited discrimination under the U.S. Supreme Court case, Oncale v. Sundowner Offshore Servs., Inc., except: a female employee is told by her male colleagues that she is taking "a man's job". a male employee endures constant unwelcome sexually-suggestive banter from his male colleagues. the harassee is lesbian and the harasser is calling her a "dyke". the harassee is female, and another female is spreading lies about her.

the harassee is lesbian and the harasser is calling her a "dyke". Explanation: Under the Oncale decision, the Court preserved Title VII's exclusion of discrimination on the basis of sexual orientation by holding that the sexual harassment of an employee by someone of the same gender is prohibited unless it can be shown that it was actually based on sexual orientation. That is, if a female employee can show that a female harassed her by calling her negative names, undermining her work productivity, spreading lies about her, or negatively commenting on her personality, actions, friends, speech, or clothing, as it relates to gender, and so on, then she can bring a claim under Title VII. If, however, the harassee is a lesbian and the harassment is in the form of something such as constantly calling her a lesbian, "dyke," or other derogatory terms related to her orientation; directing teasing, joking, and comments on homosexuality toward her; or persistently asking for dates or making sexual comments, based strictly on her status as a lesbian, then the harassee would not have a cause of action under Title VII, based on Oncale.

All of the following are factors that the EEOC will consider in deciding whether the employer's accommodation would cause undue hardship except: the nature of the employer's workplace. the cost of the accommodation. the possibility of transfer of the employee and its effects. the religion of the employee.

the religion of the employee. Explanation: Factors considered by the EEOC include: the nature of the employer's workplace; the type of job needing accommodation; the cost of the accommodation; the willingness of other employees to assist in the accommodation; the possibility of transfer of the employees and its effects; what is done by similarly situated employers; the number of employees available for accommodation; and the burden of accommodation on the union (if any).

Title VII (of the Civil Rights Act of 1964) requires employers to accommodate an employee's religious practices and beliefs:

to the extent that it does not cause undue hardship. Explanation: Title VII (of the Civil Rights Act of 1964) requires employers to accommodate an employee's religious practices and beliefs to the extent that it does not cause undue hardship. There is no such reasonable accommodation requirement for race, gender, color, or national origin, but there is under the Americans with Disabilities Act (ADA).