Test Three Material Continued Flashcards
In the Oncale v. Sundowner Offshore Services, Inc. case, the U.S. Supreme Court:
A.extended Title VII’s (of the Civil Rights Act of 1964) reach to include employment discrimination on the basis of sexual orientation and gender identity.
B. stated that a claim for same-gender sexual harassment discrimination could be filed under Title VII of the Civil Rights Act of 1964 as long as it was not based on the harassee’s sexual orientation.
C. decided that gender reassignment surgery was illegal under Title VII of the Civil Rights Act of 1964.
D.claimed that employers were not allowed to prevent lesbian, gay, bisexual, and transgender (LGBT) employees from wearing clothing, jewelry, or makeup of their choice.
B
James is a waiter at Dazzy’s Deli. 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, James:
A. does not have a claim for sexual harassment under Title VII of the Civil Rights Act of 1964 because the harassment was not based on sexual orientation.
B. has a claim for same-gender sexual harassment under Title VII of the Civil Rights Act of 1964.
C. has a claim for reverse discrimination under Title VII of the Civil Rights Act of 1964.
D. does not have a claim for discrimination under Title VII of the Civil Rights Act of 1964 because it involved harassment from the same gender.
B
One purpose of gay and lesbian support groups in workplaces is to:
A. make workplaces less threatening to the worklife of LGBT employees.
B. promote homosexuality among heterosexual employees.
C. increase discrimination claims under Title VII of the Civil Rights Act of 1964.
D.reduce the number of homosexual employees in workplaces.
A
Ezra 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:
A. the Supreme Court’s decision in Ricci v. DeStefano.
B. Article 2 of the Uniform Commercial Code.
C. the Equal Protection Clause of the U.S. Constitution.
D. provisions under Title VII of the Civil Rights Act of 1964.
C
Ryan, a homosexual male, was recently appointed as a department head at Yellow City Electronics. Shortly thereafter, he demotes all of the men in his department to a position one grade lower than their previous positions. Mike, one of the demoted males, brings a claim of gender discrimination against Ryan on the grounds that Ryan demoted only men and not women. Which of the following holds true in this scenario?
A. Mike’s claim will be dismissed because Title VII of the Civil Rights Act of 1964 does not protect against same-gender sexual harassment.
B. Mike’s claim is inapplicable because Yellow City Electronics is a private employer.
C. Mike must demonstrate that his sexual orientation is different from the orientation of Ryan in order to survive a motion for summary judgment.
D. Mike’s claim is valid under Title VII of the Civil Rights Act of 1964 because it is not related to discrimination or harassment based on sexual orientation.
D
The issue of sexual orientation is different from gender identity because:
A. unlike sexual orientation, gender identity was given protection under Title VII of the Civil Rights Act of 1964 through an Equal Employment Opportunity Commission decision.
B. sexual orientation can be corrected through gender reassignment surgery, whereas problems related to gender identity cannot be corrected through surgery.
C. unlike gender identity, sexual orientation involves individuals who feel that their body and mind are at odds.
D. employers have greater flexibility in making workplace policies and decisions related to transgenders than they do in making workplace policies and decisions related to homosexuals.
A
Carlos is a customer relationship executive at a bank. He enjoys wearing makeup. One day, he wears makeup to work, causing quite a stir at his workplace. He disobeys a direct order from Christine, his supervisor, to remove the makeup, whereupon he is terminated. In this scenario, Carlos’s termination:
A. violates Title VII of the Civil Rights Act of 1964.
B. violates the Fourth Amendment of the U.S. Constitution.
C. is not actionable under Title VII of the Civil Rights Act of 1964.
D. is not legitimate under the Equal Protection Clause of the U.S. Constitution.
C
Toby is a transsexual, 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 Toby deviant and fires him. Which of the following holds true in this scenario?
A. Toby’s termination violates Title VII of the Civil Rights Act of 1964 if the discharge was based on gender identity.
B. Toby’s termination violates Title VII of the Civil Rights Act of 1964 only if he was harassed based on his sexual orientation.
C. Toby’s termination does not violate any state law if his state has a gender identity statute.
D. Toby’s termination does not violate any federal law if the discharge was based on gender discrimination.
A
Which of the following is true of domestic partners?
A. Only for lesbian, gay, bisexual, and transgender employees, employers do not have to include their domestic partners in their health insurance coverage.
B. Only legally married same-sex couples can be registered as domestic partners.
C. To claim employment benefits, domestic partners generally must be able to prove that for a specified length of time, they have lived together and given mutual aid and support.
D. Domestic partners need to prove that they have undergone gender reassignment surgery to claim protection under their state’s laws.
C
Section 503 of the Vocational Rehabilitation Act requires:
A. all employers to provide any possible accommodation requested by employees with disabilities.
B. federal employers to create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job to accommodate a disabled employee.
C. all employers to provide an employee with a disability more rights to his or her job than those provided to nondisabled applicants.
D. federal contractors with contracts that exceed $10,000 annually to take affirmative action to employ and promote qualified disabled individuals.
D
Caleb applies for a position as a fundraiser in the Alumni Relations Department of Marlette College. During the interview, he mentions to Rose, the director of the Alumni Relations Department, that his wife has just been diagnosed with leukemia. In spite of Caleb having eight years of fundraising experience, he is denied the job. Which of the following holds true in this case?
A. Caleb has an associational discrimination claim under the Americans with Disabilities Act because disabled employees or applicants associated with disabled individuals have more rights to a job than do nondisabled applicants.
B. Caleb does not have an associational discrimination claim as he is not the one with a disability.
C. Caleb does not have an associational discrimination claim as he is not yet an employee of Marlette College.
D. Caleb has an associational discrimination claim under the Americans with Disabilities Act if he can prove that the employer assumed his performance would be impaired because of his association with a disabled person.
D
