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National Origin Discrimination

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Question 1
Free
True/False

An employee may have a national origin discrimination claim if the worker is simply perceived to be of a certain origin,even if the individual is not,in fact,of that origin.

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False

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Question 2
Free
True/False

The discharge of a teacher from her services is upheld when,although fluent in English,she spoke with such a thick accent that her students found it difficult to follow her.

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False

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Question 3
Free
True/False

The right to speak one's native language when the employee is bilingual is not an immutable characteristic that Title VII of the Civil Rights Act of 1964 protects.

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True

False

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Question 4
Free
True/False

Discrimination based upon citizenship status,or "alienage," is prohibited under Title VII of the Civil Rights Act of 1964.

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True

False

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Question 5
Free
True/False

If an employee is consistently subject to harassment based on national origin but never informs his or her employer,the employer may still be liable for not being aware.

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True

False

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Question 6
True/False

Under Title VII of the Civil Rights Act of 1964,legal aliens are permitted access to certain government and other positions by statute.

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True
False
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Question 7
True/False

The Fair Labor Standards Act protects undocumented workers from abuse at workplaces.

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True
False
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Question 8
Multiple Choice

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?

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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.
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Question 9
Multiple Choice

Nesbitt hires Francois,an alien working in the United States with the legal authority to do so.One month later,Francois loses his right to work in the United States.Which of the following holds true in this case?

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A
Nesbitt's continued employment of Francois cannot constitute a violation of the Immigration Reform and Control Act (IRCA) under any circumstance.
B
Nesbitt's continued employment of Francois will constitute national origin discrimination against individuals with American citizenship.
C
Nesbitt's continued employment of Francois will constitute a violation of the Immigration Reform and Control Act (IRCA) if Nesbitt knows that Francois has become an unauthorized alien.
D
Nesbitt's continued employment of Francois is not unlawful because it is an unfair immigration-related practice for a person to discriminate against any individual based on their national origin.
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Question 10
Multiple Choice

Melanie,a white female employed at The Office Corner for three months,is married to Muhammad,who is of Middle Eastern descent.Melanie has been subjected to verbal abuse almost every day ever since her co-workers became aware of her husband's ethnicity.She has been called a "traitor" and a "terrorist." Her co-workers refuse to work with her,and her supervisor has condoned this behavior by assigning her tasks in the stockroom when previously,she assisted customers in the electronics department.Which of the following holds true in this scenario?

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A
Melanie does not have a national origin discrimination claim under Title VII of the Civil Rights Act of 1964 because she is not a member of a protected class.
B
Melanie does have a national origin discrimination claim under Title VII of the Civil Rights Act of 1964 because she is being harassed based on the national origin of her husband.
C
Melanie does not have a national origin discrimination claim because she has only been employed for three months.
D
Melanie does have a discrimination claim based on race only if she is a citizen of the United States.
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Question 11
Multiple Choice

Margaret comes to work in clothes that are highly reflective of her national origin.This happens to violate the dress code of her workplace.After being politely asked to follow the office dress code several times by her supervisor,Margaret is finally asked to return home and change into clothing that conforms to the company's dress code.Which of the following holds true if Margaret decides to file a discrimination claim based on national origin?

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A
Margaret has a claim under Title VII of the Civil Rights Act of 1964 for national origin discrimination because it guarantees her the right to freedom of cultural expression.
B
The employer can defend the dress code if it can show that Margaret's attire overlaps with her religion.
C
Margaret's employer can defend the dress code because Title VII of the Civil Rights Act of 1964 does not require an employer to accommodate an employee's attire of national origin.
D
Margaret has a claim under Title VII the Civil Rights Act of 1964 for national origin discrimination if she can prove that her attire does not encourage other employees to dress casually.
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Question 12
Multiple Choice

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:

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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.
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Question 13
Multiple Choice

Chuntao,an employee of Chinese origin,works as a sales representative at Arcade Recyclers International.Her supervisor,Jim,persistently refers to her as "Charlene" instead of "Chuntao." Although she objects and asks to be called by her rightful name,Jim continues to call her "Charlene" for over a year and justifies his actions by saying that an American-sounding name would increase her chances of success and would be more acceptable to Arcade's clientele.Chuntao brings a complaint under Title VII of the Civil Rights Act of 1964.Which of the following holds true in this case?

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A
Arcade Recyclers International will not be liable to Chuntao because the use of "Charlene" is neither a racial epithet nor a description of her physical ethnic traits.
B
Arcade Recyclers International will be liable to Chuntao because ethnic characteristics go beyond skin color and other physical traits and can include names.
C
Arcade Recyclers International will not be liable to Chuntao because Jim did not intend his use of "Charlene" to be derogatory of her national origin.
D
Arcade Recyclers International will be liable to Chuntao because Title VII provides protection against discrimination based on a victim's country of citizenship.
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Question 14
Multiple Choice

Himiona,who belongs to the Maori tribe,aspires to be a deputy sheriff in Outer Maple Grove County.Himiona sports a small moko tattoo across his cheeks and nose as a symbol of his heritage.Per the dress code,however,sheriffs are not allowed to have any visible tattoos.Himiona is told that he will need to remove his tattoo before he can apply to be a deputy sheriff.Which of the following will hold true in this scenario?

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A
Himiona will prevail in a national origin discrimination claim under Title VII of the Civil Rights Act of 1964 because his tattoo honors his heritage.
B
Outer Maple Grove County can defend itself against Himiona's claim because a dress code is permissible under Title VII of the Civil Rights Act of 1964.
C
Outer Maple Grove County can defend itself against Himiona's claim if it can be shown that the tattoo overlaps with his religion.
D
Himiona will prevail in a national origin discrimination claim if he uses the bona fide occupational qualification defense to show that his tattoo does not disrupt the dress code.
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Question 15
Multiple Choice

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:

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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.
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Question 16
Multiple Choice

To claim a prima facie case for national origin discrimination,an employee needs to prove that:

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A
his or her employer's employment decision caused an adverse employment action to him or her.
B
his or her position was filled by someone who is a member of the same protected class that he or she belongs to.
C
his or her employer's employment decision or action was a business necessity.
D
his or her employer's job requirements exceed his or her qualifications.
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Question 17
Multiple Choice

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?

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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.
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Question 18
Multiple Choice

Jin,an Asian male,is fired after being late for work three times.His employer has a rule that employees may be fired after being late for work twice.However,the rule has only been enforced against Asian workers while employees of other national origins have been retained with only a warning.In this scenario,Jin:

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A
has a national origin discrimination claim based on disparate impact.
B
has a national origin discrimination claim based on disparate treatment.
C
has a discrimination claim if he uses the bona fide occupational qualification defense to show that his employer's actions were unlawful.
D
does not have a national origin discrimination claim because his employer was only trying to enforce a neutral policy.
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Question 19
Multiple Choice

City Healthkeepers,a private hospital,employs five workers of Middle Eastern descent in its maintenance department.Though they were told that they would be performing different tasks on a rotation basis,the maintenance supervisor assigns only the five of them,out of the total 20 maintenance employees,to clean the morgue and the basement every time.Although they requested the hospital's management to change their duties,no changes were made.Which of the following holds true in this case?

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A
City Healthkeepers will be liable for national origin discrimination because Title VII of the Civil Rights Act of 1964 provides protection against discrimination based on country of citizenship.
B
City Healthkeepers will be liable for national origin discrimination because it illegally segregated the employees based on their national origin, resulting in disparate treatment.
C
City Healthkeepers will not be liable for national origin discrimination because the Fair Labor Standards Act (FLSA) allows employers to discriminate in favor of U.S. citizens.
D
City Healthkeepers will not be liable for national origin discrimination based on the court's ruling in Garcia v. Spun Steak Co.
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Question 20
Multiple Choice

Once an employee has articulated a prima facie case of discrimination based on national origin,the burden falls on his or her employer to:

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A
identify a bona fide occupational qualification (BFOQ).
B
prove that there has been a violation of the doctrine of promissory estoppel.
C
establish that no other employee was subjected to such disparate treatment.
D
show that the employee belongs to a protected class.
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