Test 2 Continued Flashcards
To hold an employer liable for racial harassment, an employee must show that:
(A)the harassment was severe or pervasive enough to alter the conditions of employment.
(B)he or she is a member of a protected class.
(C)the harassment involved physical abuse.
(D)he or she has been working for the employer for more than five years.
A
Juan is a chemical engineer at Blue Ring Chemicals. He is the only Hispanic employee in his department. He is terminated after 10 months on the job based on poor performance. According to his supervisor, Juan continued to be the least productive employee in the department in spite of frequent feedback and training given to him. Juan believes he has a good claim for discrimination because he was the only Hispanic in the department. Which of the following holds true in this scenario?
(A)Juan does not have a claim for discrimination under Title VII of the Civil Rights Act of 1964 because he was terminated for poor performance, a legitimate nondiscriminatory reason.
(B)Juan has a valid claim for discrimination under Title VII of the Civil Rights Act of 1964 because he is protected by an affirmative action plan.
(C)Juan does not have a claim for discrimination under Title VII of the Civil Rights Act of 1964 because Hispanics are not a protected category.
(D)Juan has a valid claim for discrimination under Title VII of the Civil Rights Act of 1964 because the action taken against him was severe or pervasive in nature.
A
When an employee has complained to his or her employer about racial harassment, the employer should:
(A)ignore the claim if there has only been one isolated incident of misconduct because one incident does not constitute racial harassment.
(B)investigate and take immediate corrective action against the perpetrators by reprimanding and warning them against future incidents.
(C)tell the employee that he or she must be mistaken and ask the employee to withdraw the complaint.
(D)eliminate any future harassment problems by telling supervisors not to provide negative feedback to the employee.
B
In Chandler v. Fast Lane, Inc., Chandler, a white employee, alleged that she was forced to leave her job for refusing to follow her employer’s discriminatory practices against African-American employees. In this case, the court decided that:
(A)Chandler had no right to sue her employer because she was a white employee.
(B)the employer had no liability because Chandler was involved in an opposition activity.
(C)Chandler had a valid claim under Title VII of the Civil Rights Act of 1964.
(D)the employer was liable only to the African-American employees and not to Chandler.
C
An employer can avoid liability for racial harassment by showing that the:
(A)employer himself or herself did not directly perpetrate the harassment.
(B)employee is not a member of a protected group.
(C)employer took prompt, corrective remedial action to address the situation.
(D)employee was not subjected to physical abuse.
C
Employers accused of violating Title VII’s (of the Civil Rights Act of 1964) prohibition of race discrimination in employment will be found liable:
(A)only if the employee can prove that physical abuse was involved.
(B)if the employer or supervisory employees permitted harassing activities in the workplace.
(C)only if the employee can prove the business necessity defense.
(D)if the employer terminates an employee from a protected category based on his or her poor performance.
B
Cynthia Williams filed a lawsuit against her employer for racial harassment from a co-worker. The evidence at trial indicated that her employer responded immediately to Cynthia’s allegations of racial discrimination by investigating the matter, reprimanding the harasser, and conducting department-wide meetings to discuss the company’s policy on race discrimination. In this scenario:
(A)Cynthia will win the lawsuit because her employer acknowledged that racial discrimination occurred.
(B)Cynthia will win the lawsuit because her employer did not terminate the harassing employee.
(C)the employer has no liability because the employer acted reasonably when notified of the racial harassment.
(D)the employer has no liability because the employer himself or herself was not the one who perpetrated the harassment.
C
Maria is a brown-skinned Latina who works the morning shift as a waitress at the Waltersville All-Day Diner. Maria is later assigned the night shift, and Julia, a light-skinned Latina who is a new employee at the diner, replaces Maria in the morning shift. When Maria complains to the manager that according to the company’s policy, only new employees who are in training are assigned night shifts, the manager says that he would be willing to reconsider his decision if Maria can improve her complexion. Which of the following holds true in this scenario?
(A)Maria can bring a claim of discrimination under Title VII of the Civil Rights Act of 1964 based on race.
(B)Maria can bring a claim of discrimination under Title VII of the Civil Rights Act of 1964 based on color.
(C)Maria cannot bring a claim of discrimination under Title VII of the Civil Rights Act of 1964 because she does not belong to a protected class.
(D)Maria cannot bring a claim of discrimination under Title VII of the Civil Rights Act of 1964 because both she and Julia are from the same race.
B
Which of the following constitutes national origin discrimination?
(A)Laila is often ill treated at work because her father is a Ukrainian.
(B)Brenda, a light-complexioned African-American, receives more job offers than her other African-American friends.
(C)Nathan is not put on any international assignments because he is not comfortable living in other countries.
(D)Sasha is often sent on projects to Asia because she knows two to three Asian languages.
A
Which of the following is an effective management practice to avoid claims of race discrimination from employees?
(A)Underplaying the significance of what occurred when an employee reports racial harassment
(B)Reducing diversity within a workplace as much as possible
(C)Providing a positive, nonthreatening, constructive forum for the discussion of racial issues
(D)Believing that race discrimination can never occur in one’s organization
C
