Test Questions Practice Flashcards
Sharon, a white female, and James, a black male, who work at the NewThings Mart as cashiers decide to steal some bottles of beer. Sharon watches the front of the store, while James loads the beer into his truck from the store’s inventory room. Neither of them was aware of the security cameras in the store. The owner, being notified of the theft by the security guard, terminates Sharon and gives James a written warning. Which of the following holds true in this scenario?
(A)Sharon has no cause of action because she is an at-will employee.
(B)Sharon has no cause of action because she does not belong to a protected class.
(C)Sharon has a cause of action under Title VII of the Civil Rights Act of 1964 because the act applies equally to all.
(D)Sharon has a cause of action under Title VII of the Civil Rights Act of 1964 for retaliatory discharge.
C
Smith, the manager of a manufacturing unit, issues a written workplace policy stating that any employee who is related to people of Latin American origin will be ineligible for a promotion to the supervisory level. This workplace policy issued by Smith:
(A)does not violate Title VII of the Civil Rights Act of 1964 because it has been explicitly stated by Smith in writing and hence is not arbitrary.
(B)violates Title VII of the Civil Rights Act of 1964 because it will result in discrimination against individuals who are married to or associated with people of a specific national origin.
(C)does not violate Title VII of the Civil Rights Act of 1964 because its outcome is not triggered by the national origin of the individuals it affects.
(D)violates Title VII of the Civil Rights Act of 1964 because the act provides protection against discrimination based on country of citizenship.
B
Omar, an undocumented worker employed by Astra Manufacturing, is routinely harassed because of his Middle Eastern ancestry. His supervisors and co-workers often refer to him as a terrorist and call him “Taliban.” He complains to the management about the harassment and after a few days, his supervisor conducts an investigation and finds out that Omar is an illegal alien. This information is relayed to the Immigration and Naturalization Service (INS). Which of the following is the Equal Employment Opportunity Commission (EEOC) most likely to conclude?
(A)Astra Manufacturing is not liable because the Immigration Reform and Control Act does not prohibit discrimination on the basis of citizenship under any circumstances.
(B)Omar has a claim of discrimination because the Immigration Reform and Control Act does not allow discrimination in favor of U.S. citizens as against illegal aliens.
(C)Astra Manufacturing will be liable if the company acquired information on Omar’s status through a retaliatory investigation.
(D)Omar does not have a claim of discrimination because the Fair Labor Standards Act does not protect undocumented workers from abuse.
C
The Immigration Reform and Control Act (IRCA) prohibits:
(A)discrimination claims against employers with 4 to 14 employees.
(B)employers from enacting a preference for U.S. citizens if the job applicants are all equally qualified.
(C)discrimination in favor of U.S. citizens as against legal aliens under all circumstances.
(D)employers from hiring those not legally authorized for employment in the United States.
D
Henri, who runs a French restaurant, wants his diners to have an authentic culinary experience. Thus, he wants to recruit qualified individuals of French origin for his restaurant. Henri can avoid a claim of national origin discrimination and still limit the job to individuals of French origin by showing that:
(A)an applicant’s ability to speak fluent French and understand French cuisine are bona fide occupational qualifications.
(B)U.S citizens view people with French ancestry as exotic.
(C)it is difficult for people with French ancestry to be employed in other jobs.
(D)the Civil Rights Act of 1964 allows employers to discriminate against employees or applicants on the basis of their national origin without any legitimate cause.
A
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of citizenship when:
(A)citizenship discrimination has the purpose or effect of national origin discrimination.
(B)the victim is a citizen of a developed country.
(C)the victim is an illegal alien in the United States.
(D)citizenship discrimination is the only way to protect positions that are intimately related to the process of self-government.
A
Under the Immigration Reform and Control Act (IRCA), employers:
(A)are required to verify the identity and authorization to work in the United States for all newly hired employees.
(B)are prohibited from discriminating in favor of U.S. citizens as against legal aliens.
(C)can be held liable for innocent or negligent discrimination.
(D)can impose an employment rule on workers, such as the English-only rule, even if it is not a business necessity.
A
Carlos, a Mexican-American, is five feet five inches tall, which is the average height for Mexican-American men. He applies for a job as a mechanic with Moto Soul but is not hired as he does not meet the minimum height requirement for the position, which is five feet eight inches. If the height requirement cannot be justified by business necessity, which of the following will hold true in this scenario?
(A)Carlos has a national origin discrimination claim under Title VII of the Civil Rights Act of 1964 if he can show that the height requirement adversely impacts Mexican-Americans.
(B)Carlos has a national origin discrimination claim under the Immigration Reform and Control Act of 1986 because he is a member of a protected class.
(C)Carlos does not have a national origin discrimination claim as long as he is a citizen of the United States.
(D)Carlos does not have a national origin discrimination claim because Moto Soul applied the height requirement to all applicants.
A
Thomas hires an alien worker named Desai to work for his firm. Before being employed, Desai is required to produce the statutorily required documents demonstrating his right to work in the United States. However, because of Desai’s qualifications and the cost benefits Thomas’s company will incur if he is hired, Thomas decides to employ Desai without asking him to provide the necessary documents. Which of the following holds true in this case?
(A)Thomas cannot be held liable for unlawful employment practice because he can establish an affirmative defense by showing that Desai’s documents were not verified for a legitimate reason.
(B)Thomas cannot be held liable as it is an unfair immigration-related practice for a person or other entity to verify if an individual is an authorized alien or an illegal immigrant.
(C)Thomas can be held liable under the Immigration Reform and Control Act of 1986 for employing an individual without verifying his or her employment eligibility.
(D)Thomas can be held liable under Title VII of the Civil Rights Act of 1964 only if Desai has any criminal lawsuits filed against him.
C
Phillip is a paying resident at the Serene Senior Center. He is often seen making ethnic slurs at Lastri, an Indonesian employee. He also refuses to be served or helped by her and others of the same national origin as Lastri. Sometimes, he even complains to the other residents that Lastri is not qualified for her job and needs to be replaced. Lastri reports this to her supervisor but is asked to ignore Phillip because he is just a strange old man. Lastri files a complaint of national origin discrimination. Which of the following holds true in this scenario?
(A)Serene Senior Center is not liable to Lastri because the Fair Labor Standards Act (FLSA) allows employers to discriminate in favor of U.S. citizens.
(B)Serene Senior Center is liable to Lastri because it took no action to stop the harassment.
(C)Serene Senior Center is liable to Lastri because Title VII of the Civil Rights Act of 1964 provides protection against discrimination based on country of citizenship.
(D)Serene Senior Center is not liable to Lastri because her case does not involve any physical harassment.
B
