Ch. 6 EL

Generally, however, _________________ claims develop over time. Racism Hostile work environment Severe racial harassment Discrimination

Hostile work environment

John F. Kennedy made the proposition to Congress that race had no place in: Politics American life or law The workplace The constitution

American life or law

When an employer makes an adverse employment decision against an individual because the person, or his/her ancestor, is from a certain country or place, he/she may have commited _________________. Nation of origin employment discrimination Racial harassment Racial discrimination Racial Discrimination based on color

Nation of origin employment discrimination

Certain nationals may be discriminated against in employment in situations of: National security, under federal statute or Executive Order Illegal aliens Economic downturns BFOQ's

National security, under federal statute or Executive Order

he majority of Americans speak: More than one language More than two languages English and a partial second language Only English

Only English

What is the best workplace policy regarding workplace joking? Allow joking with individuals of your own race It is considered discrimination to not allow someone to make racially insensitive jokes Prohibit workplace race and color joking Allow joking regardless of race

Prohibit workplace race and color joking

Nation of origin employment discrimination is often linked to ________ and ____________ discrimination because those factors are closely associated with a specific country or ethnic group and often the same set of facts support the varied claims. Race : disability Race : color Race : religion Age : race

Race : religion

A telemarketing firm is forced to terminate an employee because no one can understand him on the phone. Which of the following is true? The employer can be charged for discrimination under Title VII The employer has not violated Title VII The employer has broken guidelines set by the EEOC The employer may be sued because employment decisions cannot be made because of a person's accent

The employer has not violated Title VII

If an employer takes an action based on the discriminatory practices of clients or customers ____________: The employer is not discriminating The employer is also discriminating The employer cannot be held accountable The employer is not discriminating if it is unaware of the discriminatory nature

The employer is also discriminating

(T/F) Title VII provides for race and color protections for all races: Whites, Blacks, Asians, Latinos, Arabs, American Indians and Alaska Natives, Native Hawaiians and Pacific Islanders, and mixed-race persons.

True

Which of the following is not considered a business necessity for applying an English-only rule? To address safety requirements To protect employees in emergency situations To communicate effectively with co-workers A majority employee vote for the rule to be instated

A majority employee vote for the rule to be instated

What is racial animus in the employment discrimination context? A situation in which racially-charged conversations take place in the working environment A situation where an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race A situation where a test applied to all employees has a negative effect on one group A situation where one specific group of people is not allowed into a public area

A situation where an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race

Protections from Title VII of the Civil Rights Act of 1964 extend to: All legal citizens having been born and/or lived in the U.S. for 5 years All workers born in the United states All legal U.S. citizens All workers in the U.S., whether or not born in the U.S. and irrespective of citizenship

All workers in the U.S., whether or not born in the U.S. and irrespective of citizenship

Which of the following is not a guideline for determining nation of origin employment discrimination? An adverse employment decision against an individual because the person or his/her ancestor had a negative interaction with the employer in the past An adverse employment decision against an individual because the person or his/her ancestor is from a certain country or place An adverse employment decision against an individual because the person or his/her ancestor associates with a person from a national, cultural, or ethnic group An adverse employment decision against an individual because the person or his/her ancestor belongs to, or identifies with, a national, cultural, or ethnic group

An adverse employment decision against an individual because the person or his/her ancestor had a negative interaction with the employer in the past

What two groups represent the largest number of immigrants living in the United States? Asian and Latino African and Middle-Eastern Polynesian and Latino Middle-Eastern and Asian

Asian and Latino

Which of the following is a trigger for race-based harassment liability? A. The conduct must be unwelcome B. The conduct must be sufficiently severe or pervasive to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim's position C. The victim must show discomfort of some form Both A and B

Both A and B

Requesting specific documents from aliens to establish work eligibility, but allowing U.S. citizens to choose which documents will support the right to work is: Permissible Discriminatory Legal The guideline established by the EEOC to prevent illegal alien employment

Discriminatory

Which of the following is an example of nation of origin harassment? Hiring a person based on his/her nation of origin Ethnic slurs in the workplace Promoting an individual based on his/her nation of origin None of the above

Ethnic slurs in the workplace

The factors examined to determine disparate treatment in a color and race discrimination case include all of the following except: Comparative treatment evidence Explained deviations from policy The decision-maker's race and statistical evidence Race-related statements by decision-makers

Explained deviations from policy

The ___________ and its protections against overwork and illegally-low compensation apply to all undocumented workers. EEOC National Labor Relations Board Act Fair Labor Standards Act National Labor Relations Act

Fair Labor Standards Act

(T/F) Like racist comments, all rude or offensive behavior directed at an individual because of nation of origin characteristics is harassment.

False

(T/F) Under Title VII, an employer may favor Blacks from the U.S. over Blacks from Africa or vice versa.

False

If an illegal immigrant is working in the United States, then: Federal law prohibits employers from discriminating against him/her Federal law does not protect him/her, but some state laws do Federal laws encourage discrimination against him/her to protect American jobs Federal law does not protect him/her

Federal law prohibits employers from discriminating against him/her

The Immigration Reform and Control Act prohibits employment discrimination on the basis of citizenship in firms with: Fifty or more employees Twenty or more employees Four or more employees Ten or more employees

Four or more employees

What is the estimated number of illegal immigrants in the United States? Greater than 22 million Greater than 30 million Greater than 10 million Greater than 16 million

Greater than 10 million

Which of the following is not examined when determining a case of nation of origin harassment? How often the conduct occurred Whether the behavior was threatening or intimidating What circumstances surrounded the complained-of actions If the claimant seemed bothered by the conduct at the time

If the claimant seemed bothered by the conduct at the time

If an English-only rule is adopted, an employer should ensure, by reasonable means, that non-English speaking employees are apprised of the rule: And allowed to appeal the rule In their native language Directly by management By specific departments

In their native language

The amount of complaints the EEOC receives from persons claiming employment discrimination based on so-called "English-only" rules is: Increasing Immeasurable Decreasing due to better regulations Neutral for the last decade

Increasing

Which of the following is not included in the EEOC's definition of race? Intelligence - known intellectual strengths of different races Physical characteristics - a person's color, hair, facial features, height, and weight Ancestry - racial or ethnic background Race-associated illnesses - diabetes, obesity, and sickle-cell anemia affect some races more than others

Intelligence - known intellectual strengths of different races

If an employer takes no action to check co-workers who constantly refer to a Samoan-American using ethnic slurs, instead of her real name, and even go so far as to embarrass her in front of customers, what might result? It may create a hostile work environment for the employee It is innocent enough to not cause real damage It is not enough to be a hostile work environment, but is not advisable None of the above

It may create a hostile work environment for the employee

The problem of continued race discrimination is evident by reference to the labor market itself, with persons of color being much more likely to work in __________ jobs than whites. Blue collar High-paying White collar Low-paying

Low-paying

In a disparate treatment case, it is an employer's belief about someone's nation of origin - ________________________ - which is the focus of whether or not discrimination has occurred. Manifested by fair treatment Manifested by adverse action Manifested by equally agreed-upon treatment Unknown to the employer

Manifested by adverse action

Occasionally calling someone lazy, making fun of an accent, or accusing someone of stealing "American jobs": May not be enough to qualify as harassment; however, that behavior can be harassment if it becomes unrelenting Is only considered harassment if the employee shows or expresses discomfort Is considered harassment if management has requested it to stop and it does not Is always considered harassment

May not be enough to qualify as harassment; however, that behavior can be harassment if it becomes unrelenting

Conduct that includes offensive comments about a person's birthplace, ethnicity, culture, or accent, as well as ethnic slurs or workplace graffiti, is an example of: Racial harassment Racial discrimination Nation of origin harassment Nation of origin discrimination

Nation of origin harassment

Title VII allows for English-only rules under certain circumstances where there is: No discriminatory purpose or effect A vote on the rule by all employees A majority of English employees A discriminatory purpose and effect

No discriminatory purpose or effect

In the race and color context, virtually all race-based conduct may be eventually considered unwelcome even if the claimant is: White Close to retirement The instigator of racially charged jokes Participating in joking and banter

Participating in joking and banter

Which of the following has no effect on causing a workplace to become polluted with actionable race discrimination under Title VII? Non-employees such as business partners and customers Co-workers Supervisors Pedestrians passing in front of the establishment

Pedestrians passing in front of the establishment

According to the EEOC, color is commonly understood to mean: The culture to which someone derives Anything that is not Caucasian Pigmentation, complexion, or skin shade or tone Race

Pigmentation, complexion, or skin shade or tone

The Supreme Court established the _____________ doctrine, which holds that Title VII is not violated when citizenship is a requirement for non-elected governmental positions when those positions require formulation, execution, or review of public policy issues. American jobs Political function English-only Economic function

Political function

Congress responded to Kennedy's pleas for equality by including _____ and __________ in Title VII of the Civil Rights Act of 1964. Race : Disability Age : Disability Age : Color Race : Color

Race : Color

What is the most common discrimination claim made to the EEOC? Age discrimination Gender discrimination Race discrimination Disability discrimination

Race discrimination

The situation wherein an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race is referred to as: Disparate impact Radicalism Racial Animus Reverse racism

Racial Animus

An employer hires a Black salesperson, but assigns the person to territories with a high percentage of Black people or gives him/her only Black person's accounts. What is this an example of? Steering assignments Racial insensitivity Racial strategy Stereotyping

Steering assignments

If a construction company hires lawful non-citizen Mexican nationals for laborer positions, but requires U.S. citizenship for managerial posts, then: The firm has not violated Title VII because it has citizenship as a BFOQ The firm has not violated Title VII The firm will have violated Title VII The firm has not violated Title VII because it does not apply to non-citizens

The firm will have violated Title VII

Which of the following is not part of the EEOC's investigation for a discrimination claim? The severity of the unwelcome conduct The frequency of the action The impact on the organization's performance The physical or threatening nature of the harassment

The impact on the organization's performance

Which is NOT a legitimate business reason for basing employment decisions on English language skills? English is the national language The majority of citizens speak multiple languages Most of the world does business in English English is a universal language

The majority of citizens speak multiple languages

What did the University of Chicago and MIT find about people with names that are generally found in Black communities? They were less likely to be invited for a job interview They were more likely to be invited for a job interview over their white-named counterparts They had the same effect as traditional white names They were more likely to be invited for a job interview

They were less likely to be invited for a job interview

As with other protected classes, ___________ prohibits harassment related to nation of origin. NLRA Title VII OSHA NLRB

Title VII

When addressing cases of race-based harassment, the EEOC looks at the: The evidence provided by the employer Third-person point of view Perspective of the employee Totality of the circumstances

Totality of the circumstances

(T/F) Employers are required to accommodate religious diversity, but have no corresponding duty under Title VII to accommodate cultural or nation of origin work conflicts.

True

(T/F) While an employer may not discriminate against undocumented workers in the conditions of employment, a worker's illegal status is a legitimate reason to terminate employment.

True

Most federal civil service positions require ____________ for public policy reasons. Bi-lingual employees English only rules U.S. citizenship A green card

U.S. citizenship

The unequal treatment of resident aliens versus U.S. citizens is: Lawful but not good business ethics Advisable Unlawful Not monitored by the federal government

Unlawful

In cases where a second language is a bona fide occupational qualification, an employer does not violate Title VII by assigning specific employees to: Work with customers of a certain language group Lower-paying jobs Only work in specific geographic areas Follow customers they predict to be non-English speakers

Work with customers of a certain language group

Language is very closely related to employee or job applicant national origin affinity and, therefore, employers must pay special attention to avoid ________ discrimination and establishing unnecessarily strict English fluency or English-only rules in the workplace. Cultural Accent Culinary choice Grooming habit

Accent

An employer who knowingly hires illegal workers cannot use the defense of their illegal status as a basis for _________________ employment actions. Demoting Racist Unfair Adverse discriminatory

Adverse discriminatory

Language is very closely related to employee or job applicant national origin affinity and, therefore, employers must pay special attention to avoid: accent discrimination establishing unnecessarily strict English fluency rules English-only rules in the workplace All of the above

All of the above

Nation of origin discrimination applies not only to a country but to a group of people who share a common: Language Culture Ancestry All of the above

All of the above

The EEOC and case law have allowed for which of the following as a legitimate factor to use when determining race? Culture - dress, grooming practices, accent, or manner of speech Employer perception of a person's race Association - race determined by who a person is married to or to whom he or she is related All of the above

All of the above

John F. Kennedy believed that getting/using ___________________ was the only way for the American society to eliminate inequality. Law enforcement to repress demonstration Congress and state legislative bodies to act Token moves and talking about it People to host demonstrations

Congress and state legislative bodies to act