Topic 6: Race, Color and Nation of Origin Discrimination Flashcards
What was the main message of President John F. Kennedy’s 1963 speech on civil rights?
He called racial inequality a moral crisis and urged Congress to ensure equal rights and opportunities for all Americans.
How did Congress respond to Kennedy’s civil rights call?
By including race and color in Title VII of the Civil Rights Act of 1964.
Who is protected under Title VII’s race and color discrimination provisions?
All races, including Whites, Blacks/African Americans, Asians, Latinos, Arabs, American Indians/Native Americans, Native Hawaiians, Pacific Islanders, and mixed-race individuals.
What is the most common employment discrimination claim made to the EEOC?
Race discrimination.
What did a 2003 California study reveal about employment agency bias?
Agencies preferred White candidates over Black/African American candidates by a margin of 3 to 1.
What did the University of Chicago and MIT study find about racial bias in hiring?
Job applicants with traditionally Black/African American names were half as likely to be invited for interviews as those with traditionally White names.
What was the focus of the 2008 New York Times article “Whitening of a Resume”?
It highlighted how Black/African American job seekers modified their resumes to avoid racial discrimination.
How does racial discrimination still impact the labor market?
People of color are more likely to work in low-paying jobs than Whites.
John F. Kennedy believed that getting/using ___________________ was the only way for the American society to eliminate inequality.
People to host demonstrations
Token moves and talking about it
Congress and state legislative bodies to act
Law enforcement to repress demonstration
Congress and state legislative bodies to act
Kennedy believed that social factors contributing to race discrimination would never be resolved until Congress acted with prohibiting legislation.
Congress responded to Kennedy’s pleas for equality by including _____ and __________ in Title VII of the Civil Rights Act of 1964.
Race : Color
Age : Color
Race : Disability
Age : Disability
Race : Color
The concepts of race and color are inextricably linked, but are different.
What is the most common discrimination claim made to the EEOC?
Age discrimination
Disability discrimination
Gender discrimination
Race discrimination
Race discrimination
Race continues to be the most complained-of discrimination, while religious discrimination is the fasting-growing class of claims to the EEOC.
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.
High-paying
White collar
Blue collar
Low-paying
Low-paying
We know race discrimination continues based on data showing that some races earn less money than others. This data cannot simply be explained by cultural factors.
True or False. 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
Some have argued that the only kind of racism is “white racism.” However, Title VII is clear that all races are protected from unlawful employment discrimination.
What factors are considered in race and color employment discrimination under Title VII?
Ancestry (racial/ethnic background)
Physical characteristics (color, hair, facial features, height, weight)
Race-associated illnesses (e.g., sickle-cell anemia)
Culture (dress, grooming, accent, speech)
Perception (belief about a person’s race)
Association (relationships with individuals of a certain race)
How does the EEOC define “color” discrimination?
Discrimination based on pigmentation, complexion, or skin shade/tone, which can occur within the same racial group.
Can race and another protected characteristic be considered together in discrimination cases?
Yes, Title VII prohibits discrimination based on the intersection of race with gender, national origin, or other protected characteristics.
What is racial animus in the context of disparate treatment?
An employer’s overt intent to exclude a person from a job opportunity based on race.
What is racial segregation in employment?
Isolating minority employees from others or restricting customer contact based on race or color.
What is a “steering assignment” in racial discrimination?
Assigning minority employees to locations or clients based on race rather than job qualifications.
Can business concerns justify racially motivated hiring decisions?
No, employers cannot make hiring decisions based on customer or employee racial preferences.
Why can race or color never be a Bona Fide Occupational Qualification (BFOQ)?
Because Title VII explicitly prohibits racial discrimination, regardless of business concerns.
What factors help determine disparate treatment based on race or color?
Race-related statements by decision-makers
Comparative treatment evidence
Unexplained deviations from policy
Decision-maker’s race
Statistical evidence
What landmark case defined disparate impact discrimination?
Griggs v. Duke Power Co., which involved Black/African American employees facing discriminatory job requirements.
What types of race discrimination are prohibited under Title VII?
Disparate treatment, disparate impact, and race-based harassment.
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
Race can be a complicated issue, so many factors come into play in determining it.
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
Skin tone is used to determine color. Some claims of discrimination between Black workers have arisen from darker- and lighter-skinned persons conflicting. This has deep historical significance for Black people. However, this type of color discrimination has not yet expanded into the case law involving other races, e.g., White-on-White discrmination.
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:
Racial Animus
Disparate impact
Radicalism
Reverse racism
Racial Animus
When a person has an irrational hatred of persons of a particular color, this is known as racial animus.
What is racial animus in the employment discrimination context?
A situation where one specific group of people is not allowed into a public area
A situation where a test applied to all employees has a negative effect on one group
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 an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race
Excluding someone from an employment opportunity on the basis of an immutable characteristic – race – is unlawful.
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?
Stereotyping
Racial strategy
Racial insensitivity
Steering assignments
Steering assignments
The notion that a person of a particular race would better serve custumers of his/her own race may appear to make sense at one level, but it has been found to be unlawful as a form of race discrimination because it uses race as a basis for a job assignment.
Who can contribute to a racially hostile work environment under Title VII?
Supervisors, coworkers, and non-employees (e.g., customers, business partners) over whom the employer has control.
What types of behavior can create a racially hostile work environment?
Racist jokes, slurs, epithets, name-calling, threats, intimidation, ridicule, insults, offensive objects, or pictures.
What are the two requirements for race-based harassment liability?
1) The conduct must be unwelcome.
2) The conduct must be severe or pervasive enough to alter employment conditions from the victim’s and a reasonable person’s perspective.
How does the EEOC assess race-based harassment cases?
It considers the “totality of the circumstances,” including frequency, severity, threats, and impact on job performance.
Can joking or playful banter be considered unwelcome conduct?
Yes, even if the victim participates at first, it can contribute to a hostile work environment over time.
What factors determine if racial harassment is severe and pervasive?
Frequency of the action
Severity of conduct
Physical or threatening nature
Impact on job performance
Is economic or psychological injury required to prove racial harassment?
No, though it may strengthen a claim, it is not required.
Can a single severe incident be enough for a racial harassment claim?
Yes, incidents like a noose, racist group references, the N-word, or animal comparisons may be sufficient.
How do most hostile work environment claims develop?
Over time, through repeated incidents rather than a single occurrence.
Which of the following has no effect on causing a workplace to become polluted with actionable race discrimination under Title VII?
Pedestrians passing in front of the establishment
Co-workers
Non-employees such as business partners and customers
Supervisors
Pedestrians passing in front of the establishment
A workplace may become polluted with actionable discrimination under Title VII through the conduct of a supervisor, co-workers, or non-employees such as customers or business partners over whom the employer has control.
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
There are two requirements which trigger liability for race-based harassment: (1) the conduct must be unwelcome; and (2) 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. A person’s outward exhibition of discomfort is not an effective gauge of how inappropriate the conduct is in the mind of a reasonable person.
When addressing cases of race-based harassment, the EEOC looks at the:
Totality of the circumstances
The evidence provided by the employer
Third-person point of view
Perspective of the employee
Totality of the circumstances
When addressing such cases, the EEOC looks at the “totality of the circumstances.”
What is the best workplace policy regarding workplace joking?
Allow joking with individuals of your own race
Allow joking regardless of race
It is considered discrimination to not allow someone to make racially insensitive jokes
Prohibit workplace race and color joking
Prohibit workplace race and color joking
Never allow racial and color joking, even if all participants are ok with it.
Generally, however, _________________ claims develop over time.
Discrimination
Hostile work environment
Racism
Severe racial harassment
Hostile work environment
Hostile work environment claims almost never arise from a single incidenct, although they can. Usually, racial harassment is the product of many small incidents evidencing a racially-biased climate.
What does Title VII of the Civil Rights Act of 1964 protect regarding national origin?
It protects all workers, regardless of birthplace or citizenship, from employment discrimination based on national origin.
What percentage of U.S. residents were born abroad, and how has this affected the workforce?
About 25% of U.S. residents were born abroad, with immigrants now making up over 12% of the workforce.
What are the key factors in national origin employment discrimination?
Being from a certain country or place
Belonging to or identifying with a cultural or ethnic group
Associating with someone from that group
In a disparate treatment case, what determines if national origin discrimination occurred?
The employer’s belief about the employee’s national origin, regardless of whether it is correct.
Give an example of mistaken national origin discrimination.
Bob, a dark-haired man from Idaho with Scottish ancestry, faces discrimination because his employer mistakenly believes he is Middle Eastern.
Does national origin discrimination apply only to specific countries?
No, it also applies to groups sharing common language, culture, or ancestry, like French Canadians, Kurds, Roma, or American Indian/Native American tribes.
How is national origin discrimination often linked to race and religion?
Because race and religion are often associated with specific ethnic or national groups, leading to overlapping discrimination claims.
Are employers required to accommodate cultural or national origin practices?
No, unlike religious accommodations, employers are not required to accommodate cultural practices like holidays or traditional attire.
Can an employer make assignments based on national origin?
No, employers cannot place workers into specific jobs based on national origin, such as assigning only Somalis to production lines and Asians to office roles.
How can a recruitment system unintentionally lead to national origin discrimination?
If hiring relies on current employees’ recommendations, it may result in hiring only those from the same ethnic or cultural background.
Can national security concerns justify national origin discrimination?
In certain cases under federal statute or Executive Order, but security clearance standards must apply equally to all applicants.
Give an example of unlawful national origin discrimination in security clearances.
Requiring Middle Eastern applicants to undergo background checks while exempting British applicants from the same process.
Protections from Title VII of the Civil Rights Act of 1964 extend to:
All legal U.S. citizens
All workers born in the United states
All workers in the U.S., whether or not born in the U.S. and irrespective of citizenship
All legal citizens having been born and/or lived in the U.S. for 5 years
All workers in the U.S., whether or not born in the U.S. and irrespective of citizenship
When Title VII applies, it covers all workers regardless of citizenship or immigration status.
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 _________________.
Racial harassment
Nation of origin employment discrimination
Racial Discrimination based on color
Racial discrimination
Nation of origin employment discrimination
An employment decision bassed upon an employee’s nation or origin, or perceived nation of origin, is unlawful employment discrimination. Racial discrimination, though closely related, is a separate topic.
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.
Unknown to the employer
Manifested by adverse action
Manifested by equally agreed-upon treatment
Manifested by fair treatment
Manifested by adverse action
While Title VII is designed to encourage non-prejudiced thinking, only manifest action may give rise to claims of unlawful discrimination.
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
Nation of origin discrimination applies not only to a country but to a group of people who share a common language, culture, ancestry, and/or other similar social characteristics, for example, French Canadians, Kurds, Roma, or Native American tribes.
True or False. 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
Religion carries with it a “free exercise” component so that sometimes a religious practice will conflict with a workplace situation. The law does not recognize the same for cultural practices based upon nation of origin.
What does Title VII prohibit regarding national origin harassment?
It prohibits harassment based on birthplace, ethnicity, culture, or accent, including offensive comments, ethnic slurs, and workplace graffiti.
What factors does the EEOC consider in national origin harassment cases?
Whether the behavior was threatening or intimidating
How often the conduct occurred
The surrounding circumstances
Whether management knew or should have known and how it responded
Is all rude or offensive behavior related to national origin considered harassment?
No, occasional comments like calling someone lazy or mocking an accent are not usually enough unless they are frequent and severe.
When does national origin harassment become a hostile work environment?
When the behavior is unrelenting, such as coworkers constantly using ethnic slurs instead of a person’s real name and embarrassing them in front of customers.
Can an employer be held liable for national origin harassment?
Yes, if management knew or should have known about the harassment and failed to take appropriate action.
As with other protected classes, ___________ prohibits harassment related to nation of origin.
NLRA
NLRB
OSHA
Title VII
Title VII
Nation of origin harassment claims are available under Title VII.
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:
Nation of origin harassment
Nation of origin discrimination
Racial harassment
Racial discrimination
Nation of origin harassment
Nation of origin harassment can include any disparaging remarks or actions about a person’s native land or culture. The harassment must reach a level where it interferes with the employee’s ability to work.
Which of the following is not examined when determining a case of nation of origin harassment?
How often the conduct occurred
What circumstances surrounded the complained-of actions
If the claimant seemed bothered by the conduct at the time
Whether the behavior was threatening or intimidating
If the claimant seemed bothered by the conduct at the time
Judging such harassment under nation of origin cases looks to: 1) whether the behavior was threatening or intimidating; 2) how often the conduct occurred; 3) what circumstances surrounded the complained-of actions; and 4) whether or not management knew or should have known about the harassment and how it responded.
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
Embarrassing an employee can rise to the level of nation of origin harassment.
Occasionally calling someone lazy, making fun of an accent, or accusing someone of stealing “American jobs”:
Is always considered harassment
Is considered harassment if management has requested it to stop and it does not
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
May not be enough to qualify as harassment; however, that behavior can be harassment if it becomes unrelenting
From the text, “Occasionally calling someone lazy, making fun of an accent, or accusing someone of stealing “American jobs” is not usually enough. However, that behavior can be enough if it becomes unrelenting.”
How many U.S. residents spoke a non-English language at home by 2011?
Over 60 million.
How many U.S. residents spoke little or no English by 2011?
Approximately 7 million (2.4% of the total population).
Why must employers be cautious when implementing English-only rules?
Language is closely tied to national origin, making strict English-only policies potentially discriminatory under Title VII.
Under what conditions does Title VII allow English-only rules?
When justified by “business necessity,” such as:
Effective communication with coworkers, supervisors, and customers
Safety requirements
Emergency situations
Give an example of a valid English-only rule.
A chemical manufacturer requiring English in laboratories to prevent accidents.
Give an example of an unlawful English-only rule.
Prohibiting employees from speaking non-English languages during casual conversations or break times.
Can an employer discriminate based on an employee’s accent?
Only if the accent interferes with job performance; otherwise, discrimination is prohibited.
When might English fluency be a valid job requirement?
For jobs requiring strong English communication, such as teaching, customer service, and telemarketing.
Why should employers avoid blanket English fluency requirements?
Different jobs require different levels of fluency, and excessive fluency demands may violate Title VII.
Can employers require bilingual employees for certain roles?
Yes, speaking another language can be a Bona Fide Occupational Qualification (BFOQ) for jobs requiring bilingual communication.
What should an employer consider before implementing an English-only rule?
Is it essential for safety, communication, or business purposes?
Can the goals be met without the rule?
Who will be most affected?
Could the rule be discriminatory?
How should an employer communicate an English-only rule to employees?
By ensuring non-English speaking employees understand the rule, possibly by providing it in their native language.
The majority of Americans speak:
Only English
More than two languages
More than one language
English and a partial second language
Only English
English remains the dominant language of the United States.
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
Culinary choice
Accent
Grooming habit
Accent
Accent discrimination is a form of unlawful nation of origin discrimination.
The amount of complaints the EEOC receives from persons claiming employment discrimination based on so-called “English-only” rules is:
Immeasurable
Increasing
Neutral for the last decade
Decreasing due to better regulations
Increasing
Complaints to the EEOC about English-only rules at work are increasing.
Which of the following is not considered a business necessity for applying an English-only rule?
To communicate effectively with co-workers
A majority employee vote for the rule to be instated
To address safety requirements
To protect employees in emergency situations
A majority employee vote for the rule to be instated
From the text, “Some examples of this include the need to communicate effectively with coworker, supervisors, and customers, to address safety requirements, and to protect employees in emergency situations.”
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
Follow customers they predict to be non-English speakers
Only work in specific geographic areas
Lower-paying jobs
Work with customers of a certain language group
It is permissible to steer employees with language skills to customers who need help in a native tongue. This is different from race steering assignments because language skills are independent from race, gender, religion, etc.
When does employment discrimination based on citizenship violate Title VII?
When it serves as a pretext for national origin discrimination.
Give an example of citizenship-based discrimination violating Title VII.
A company hiring non-citizen Mexican nationals for laborer jobs but requiring U.S. citizenship for managerial roles without a legitimate business reason.
Is it legal to treat resident aliens differently from U.S. citizens in employment?
No, unequal treatment of resident aliens versus U.S. citizens is unlawful.
Give an example of discriminatory employment practices related to citizenship.
Requiring specific work eligibility documents from non-citizens while allowing U.S. citizens to choose their documents.
Can an employer selectively use eVerify for certain groups?
No, submitting only non-citizens to eVerify while exempting U.S. citizens violates Title VII.
What is the “political function doctrine” established in Sugarman v. Dougall (1973)?
It allows U.S. citizenship requirements for non-elected government positions that involve policymaking.
Can legal aliens be excluded from government jobs?
Yes, if the position involves formulation, execution, or review of public policy.
What law prohibits employment discrimination based on citizenship in private firms?
The Immigration Reform and Control Act (IRCA) prohibits citizenship discrimination in firms with four or more employees.
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 does not apply to non-citizens
The firm has not violated Title VII because it has citizenship as a BFOQ
The firm will have violated Title VII
The firm has not violated Title VII
The firm will have violated Title VII
Citizenship is a BFOQ for only a small fraction of political function or safety jobs.
The unequal treatment of resident aliens versus U.S. citizens is:
Advisable
Lawful but not good business ethics
Not monitored by the federal government
Unlawful
Unlawful
A resident alien is lawfully protected in the United States.
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:
Discriminatory
Permissible
The guideline established by the EEOC to prevent illegal alien employment
Legal
Discriminatory
This is the notion that unlawful employment discrimination involves comparative evidence.
Most federal civil service positions require ____________ for public policy reasons.
A green card
Bi-lingual employees
U.S. citizenship
English only rules
U.S. citizenship
Government jobs involving the creation of public policy may require citizenship.
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.
English-only
Political function
American jobs
Economic function
Political function
Reference: Sugarman v. Dougall, 413 U.S. 634 (1973)
Are undocumented workers protected from workplace discrimination?
Yes, federal law prohibits discrimination against undocumented workers despite their immigration status.
Why do anti-discrimination laws protect undocumented workers?
To prevent employer abuses, as undocumented workers are particularly vulnerable due to their status.
Do Fair Labor Standards Act (FLSA) protections apply to undocumented workers?
Yes, they are protected from overwork and illegally low wages under the FLSA.
Can an employer use a worker’s undocumented status as a defense for discrimination?
No, employers cannot justify discriminatory employment actions based on a worker’s illegal status.
What is the EEOC’s stance on undocumented workers?
The EEOC treats undocumented workers the same as legal workers when addressing discrimination claims.
Can an employer legally fire an undocumented worker?
Yes, an employer can terminate employment due to a worker’s illegal status, but not for discriminatory reasons.
If an illegal immigrant is working in the United States, then:
Federal law does not protect him/her
Federal laws encourage discrimination against him/her to protect American jobs
Federal law prohibits employers from discriminating against him/her
Federal law does not protect him/her, but some state laws do
Federal law prohibits employers from discriminating against him/her
The fact that a worker is undocumented does not give license to employers to engage in unlawful employment practices.
The ___________ and its protections against overwork and illegally-low compensation apply to all undocumented workers.
Fair Labor Standards Act
National Labor Relations Board Act
EEOC
National Labor Relations Act
Fair Labor Standards Act
Fair labor rules apply to all workers.
What is the estimated number of illegal immigrants in the United States?
Greater than 22 million
Greater than 16 million
Greater than 30 million
Greater than 10 million
Greater than 10 million
There are an estimated 11 million illegal immigrants in the U.S.
An employer who knowingly hires illegal workers cannot use the defense of their illegal status as a basis for _________________ employment actions.
Demoting
Adverse discriminatory
Unfair
Racist
Adverse discriminatory
Employers may not engage in unlawful employment practices, regardless of the legal status of workers.
True or False. 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
An employer will face severe federal penalties if it knowingly hires undocumented workers.
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
“Next week I will ask the Congress of the United States to act, to make a commitment it has not fully made in this century to the proposition that race has no place in American life or law.”
What did the University of Chicago and MIT find about people with names that are generally found in Black communities?
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
They were more likely to be invited for a job interview over their white-named counterparts
They were less likely to be invited for a job interview
A study by researchers out of the University of Chicago and MIT found that persons with names generally found in the Black community were half as likely to be invited for job interviews as persons with traditional names.
Which of the following is not included in the EEOC’s definition of race?
Physical characteristics – a person’s color, hair, facial features, height, and weight
Race-associated illnesses – diabetes, obesity, and sickle-cell anemia affect some races more than others
Intelligence – known intellectual strengths of different races
Ancestry – racial or ethnic background
Intelligence – known intellectual strengths of different races
While Title VII does not specifically define race or color, the EEOC and case law have suggested that race and color employment discrimination encompass:
Ancestry—racial or ethnic background
Physical characteristics—such as a person’s color, hair, facial features, height, and weight
Race-associated illnesses—for example, diabetes, obesity, and sickle-cell anemia affect some races more than others
Culture—dress, grooming practices, accent, or manner of speech
Perception—a belief that a person is a member of a particular racial group
Association—a person’s association with someone of a particular race (e.g., spouse, relatives, friends/associates of a certain race).
True or False. Under Title VII, an employer may favor Blacks from the U.S. over Blacks from Africa or vice versa.
False
The law also prohibits individuals from being subjected to discrimination because of the intersection of their race and another protected class characteristic, like gender or nation of origin. For example, an employer may not favor Blacks from the U.S. over Blacks from Africa or vice versa.
The factors examined to determine disparate treatment in a color and race discrimination case include all of the following except:
Race-related statements by decision-makers
Comparative treatment evidence
Explained deviations from policy
The decision-maker’s race and statistical evidence
Explained deviations from policy
The factors examined to determine disparate treatment in a color and race discrimination case include, but are not limited to, race-related statements by decision-makers, comparative treatment evidence, unexplained deviations from policy, the decision-maker’s race, and statistical evidence.
In the race and color context, virtually all race-based conduct may be eventually considered unwelcome even if the claimant is:
Close to retirement
White
The instigator of racially charged jokes
Participating in joking and banter
Participating in joking and banter
In the race and color context, virtually all race-based conduct may be eventually considered unwelcome. This includes joking or playful banter, even where the victim is a participant, because such conduct can quickly turn a workplace in a hostile work environment.
Which of the following is not part of the EEOC’s investigation for a discrimination claim?
The impact on the organization’s performance
The severity of the unwelcome conduct
The frequency of the action
The physical or threatening nature of the harassment
The impact on the organization’s performance
In judging whether to pursue claims, the EEOC looks to: 1) the frequency of the action; 2) the severity of the unwelcome conduct; 3) the physical or threatening nature of the harassment; and 4) the impact on the victim’s performance.
What two groups represent the largest number of immigrants living in the United States?
African and Middle-Eastern
Middle-Eastern and Asian
Asian and Latino
Polynesian and Latino
Asian and Latino
About 25% of persons living in the U.S. were born abroad, with the largest numbers coming from Asia and Latin America.
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 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 is from a certain country or place
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 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 had a negative interaction with the employer in the past
Nation of origin employment discrimination means an employer makes an adverse employment decision against an individual because the person or his/her ancestor: 1) is from a certain country or place; or 2) belongs to, or identifies with, a national, cultural, or ethnic group; or 3) associates with a person from that group.
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 : color
Race : disability
Age : race
Race : religion
Race : religion
Nation of origin employment discrimination is often linked to race and religion 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.
If an employer takes an action based on the discriminatory practices of clients or customers ____________:
The employer is not discriminating
The employer cannot be held accountable
The employer is also discriminating
The employer is not discriminating if it is unaware of the discriminatory nature
The employer is also discriminating
As with race and gender, employers may not rely on co-worker, customer, or client discomfort or preference as the basis for a discriminatory action. If an employer takes an action based on the discriminatory practices of others, the employer is also discriminating. Employers may not assign applicants or employees to certain positions based on national origin.
Certain nationals may be discriminated against in employment in situations of:
BFOQ’s
Illegal aliens
National security, under federal statute or Executive Order
Economic downturns
National security, under federal statute or Executive Order
From the text, “When it comes to situations of national security, under federal statute or Executive Order, certain nationals may be discriminated against in employment.”
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
Nation of origin discrimination harassment conduct often includes offensive comments about a person’s birthplace, ethnicity, culture, or accent, as well as ethnic slurs or workplace graffiti.
True or False. Like racist comments, all rude or offensive behavior directed at an individual because of nation of origin characteristics is harassment.
False
Like racist comments, not all rude or offensive behavior directed at an individual because of nation of origin characteristics is harassment.
What would be a legitimate reason for establishing English-only rules in the workplace?
The manager of the employee group only speaks English.
English is required to service and interact with customers.
Employees report feeling uncomfortable at work when their colleagues are speaking a language other than English.
There is no justification for English only rules.
English is required to service and interact with customers.
Servicing and interacting with customers is a business necessity; therefore, employers can establish English only rules for customer interactions and in the “front of the house” where staff may be interacting with customers. Employers can not establish English only rules “in the back of the house” where no customers are present.
The English-only rule must be justified by “business necessity,” which can include the need to communicate effectively with coworkers, supervisors, and customers, to address safety requirements, and to protect employees in emergency situations.
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
Language is very closely related to employee or job applicant national origin affinity and, therefore, employers must pay special attention to avoid accent discrimination or establishing unnecessarily strict English fluency or English-only rules in the workplace.
Title VII allows for English-only rules under certain circumstances where there is:
A discriminatory purpose and effect
No discriminatory purpose or effect
A majority of English employees
A vote on the rule by all employees
No discriminatory purpose or effect
As with accents, an English fluency requirement may be essential to the effective performance of a particular job. Therefore, discrimination based upon English language fluency does not violate Title VII. However, employers should avoid across-the-board fluency requirements, as each job may have a varied degree of fluency demands. For example, an individual who speaks English competently enough to be a cashier at a grocery store may lack the skills to perform managerial paperwork – in English – at that same store. In such a case, a blanket English fluency policy may violate Title VII. The key is for an employer not to demand a degree of English fluency greater than necessary for the relevant position.
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 may be sued because employment decisions cannot be made because of a person’s accent
The employer has broken guidelines set by the EEOC
The employer has not violated Title VII
The employer can be charged for discrimination under Title VII
The employer has not violated Title VII
If a person’s accent interferes with the communication skills necessary to perform essential job functions, an employer will not violate Title VII by discriminating against that person.
If an English-only rule is adopted, an employer should ensure, by reasonable means, that non-English speaking employees are apprised of the rule:
In their native language
By specific departments
And allowed to appeal the rule
Directly by management
In their native language
If an English-only rule is adopted, an employer should ensure by reasonable means that non-English speaking employees are apprised of the rule, in their native tongue if necessary. This is, of course, to ensure complete and fair understanding of the rule.
The Immigration Reform and Control Act prohibits employment discrimination on the basis of citizenship in firms with:
Ten or more employees
Four or more employees
Fifty or more employees
Twenty or more employees
Four or more employees
The IRCA rendered it unlawful for an employer employing four or more workers to knowingly hire or retain an undocumented worker.
