Test 2 Continued Flashcards
Zhu is the owner of Orchid Cleaning and Housekeeping Services. He never hires or promotes a black applicant to the position of supervisor because he believes that his predominantly Asian crew will not follow instructions from a black supervisor. Thus, Zhu is liable for:
(A)reverse discrimination against an individual because of others’ perceptions about the individual.
(B)disparate treatment, and he cannot use the bona fide occupational qualification defense to protect himself.
(C)constructive discharge, but he can use the business necessity defense to protect himself.
(D)employment discrimination against an individual because of his or her association with someone of a particular race.
B
Which of the following is meant by researchers when they refer to the concept of “new racism”?
(A)They are referring to the idea that blacks are unable to break the glass ceiling and attain positions in upper-level management.
(B)They are referring to the idea that people appear to be more racist, on average, since the Great Depression.
(C)They are referring to the idea that whites think everything is fair for everyone, so nothing need to be done to ensure equal opportunity anymore.
(D)They are referring to the idea that in recent times, discrimination is based on an individual’s economic status rather than his or her race.
C
Briana was employed as a flight attendant by Tropical Coast Airlines. She was the only black female flight attendant on the airplane she was assigned to. At her job, Briana was frequently subjected to racial slurs, misbehavior, and threats from her co-workers. One co-worker even told their supervisor that the airline’s customers would not want to take orders from a black girl in the case of an in-flight emergency. Unable to tolerate the hostile environment, Briana quit her job. Which of the following holds true in this scenario?
(A)Briana has a cause of action for racial harassment under 42 U.S.C. section 1983.
(B)Briana does not have a cause of action for racial harassment, as she resigned at her own will.
(C)Briana has a cause of action for racial harassment under Title VII of the Civil Rights Act of 1964, as there is evidence that she was harassed.
(D)Briana does not have a cause of action for racial harassment, as the actions of her co-workers were not pervasive or severe.
C
Harold, a black man, worked for Alegius Financial Services as a sales representative. On three separate occasions over a period of six months, an anonymous co-worker left racist literature on the desks of all of the employees, including the supervisors’. Also, on the first working day of every month, the employees and the supervisors would receive a link to a hate-based website from an unknown e-mail address. Harold did not raise an issue in his office. Instead, he filed a claim with the Equal Employment Opportunity Commission (EEOC) and later sued Alegius for racial harassment. Which of the following holds true in this scenario?
(A)Harold will lose his case because he was not directly subjected to the racial harassment.
(B)Harold will lose his case because he did not give his employer an opportunity to investigate the incident.
(C)Harold will win his case because the employer has violated a bona fide occupational qualification.
(D)Harold will win his case because the employer was aware of the racially harassing behavior, yet no discipline was imposed.
D
Rasheed Olson, a black man with a bachelor’s degree in physical education, applies for a job at a gym along with a white friend who has the same qualifications. Although his friend gets an interview call from the gym, Rasheed does not receive any interview calls. Suspecting that his application was rejected due to his first name, Rasheed submits an identical résumé to the same gym but changes his first name on the résumé. Consequently, he is invited for an interview. In this scenario, Rasheed has been a victim of:
(A)disparate impact because of his association with someone of a particular race.
(B)discrimination based on the perception of his race.
(C)constructive discharge under Title VII of the Civil Rights Act of 1964.
(D)reverse discrimination under 42 U.S.C. section 1983.
B
David, a Hispanic employee at Bluerock Tire Manufacturing Company, contacted the plant manager to inform him that his supervisor, Bill, treated him in a bad manner simply because he was Hispanic. After Bill learned that David had complained, Bill told other supervisors that David was lazy and irresponsible, and he made jokes about David’s accent. Which of the following holds true in this scenario?
(A)Bluerock Tire Manufacturing Company will not be liable because it is a personal problem between David and Bill.
(B)David has been a victim of discrimination based on race, and thus he has a valid racial harassment claim against the employer.
(C)David can file a disparate impact claim against Bluerock Tire Manufacturing Company under 42 U.S.C. section 1983.
(D)Bluerock Tire Manufacturing Company is not liable because David was not actually harmed.
B
“9 out of 10 whites under 30 believe African-Americans and whites are treated equally.” A potential implication of this is:
(A)employers would be more likely to take steps to reduce racial discrimination in the workplace.
(B)there would be a decline in the number of race-based discrimination claims filed by nonwhite employees with the Equal Employment Opportunity Commission (EEOC) or any other similar federal agencies.
(C)employers would face more reverse discrimination claims from white employees under Title VII of the Civil Rights Act of 1964.
(D)employers would be less likely to respond appropriately to claims of racial discrimination from nonwhite employees and thus increase the likelihood of liability under Title VII of the Civil Rights Act of 1964.
D
Alex, an African-American with a meritorious law degree, is hired as the first black associate at a prestigious law firm under an affirmative action recruiting program. He handles routine assignments outstandingly. After a few months, Alex realizes that unlike the other first-year associates, he is being given less complex projects, which prevents him from growing at his job. Having asked for more challenging work, Alex is told that the work he is being given is what is expected out of him and is appropriate for his level of experience. Alex files a complaint of race discrimination with the Equal Employment Opportunity Commission (EEOC). In this scenario, Alex has:
(A)no basis for a complaint of race discrimination because his job was not affected by his assignments.
(B)no basis for a complaint of race discrimination due to the business necessity defense.
(C)a basis for a claim of discrimination because he is being treated differently from others who are similarly situated and not of his race.
(D)a basis for a claim of discrimination under the bona fide occupational qualification defense.
C
Maya is claiming that she was subjected to racial harassment by her co-workers. To hold her employer liable for racial harassment, Maya must prove that:
(A)the harassment was unwelcome and was based on race.
(B)she is a member of a protected class or minority race.
(C)the harassment was not just verbal.
(D)she has the bona fide occupational qualification defense.
A
Tiffany, a light-complexioned African-American, is the manager of the cosmetics department at a large retail store. She does not promote Monica, a brown-complexioned African-American who is eligible for the promotion, because she believes that customers prefer lighter-skinned cosmetic consultants. Thus, Monica:
(A)does not have a color discrimination claim under Title VII of the Civil Rights Act of 1964 because Tiffany was only trying to improve the sales of the retail store.
(B)has a discrimination claim under Title VII of the Civil Rights Act of 1964 because color discrimination can occur between members of the same race.
(C)does not have a color discrimination claim under Title VII of the Civil Rights Act of 1964 because Tiffany did not show any pervasive racial discrimination against Monica.
(D)has a discrimination claim under Title VII of the Civil Rights Act of 1964 because of the bona fide occupational qualification defense.
B
