1. Yes or No. Jill, the owner of a construction business, says her construction crew will not work if she hires Hispanic crew members, so Jill does not do so. Is this a defense to a Title VII action?
2. Which, if any, of the following scenarios would support an employee’s claim of discrimination on the basis of national origin? Answer Yes or No to each part.
a. The owner of a large US staffing agency that does 100% of its business with US companies refuses employment to a Korean woman applying for a receptionist position although she speaks perfect English albeit with a very thick, hard to understand Korean accent.
b. An Indian restaurant seeks to fill a wait staff position. The advertisement requests applications from qualified individuals of Indian descent in order to add to the authenticity of the restaurant. In the past, the restaurant found that its business declined when it used Caucasian waitresses as the atmosphere of the restaurant suffered. An Italian man applies for the position and is denied employment.
c. A company advertises for Japanese-trained managers as the employer has found that such individuals are much more likely to remain at the company for an extended period of time, to be loyal and devoted to the firm, and to react well to direction and criticism. An American applies for the position and is denied employment in favor of an equally qualified Japanese-trained applicant, who happens to also be Japanese.
3 . Bob’s Painting Service hired 3 temporary workers through Deb’s Temps. Bob didn’t ask if back ground checks had been done on the employees. Deb did not check the criminal records for the workers hired by Bob. One of the workers, Joe Herrington, had been convicted of rape and had just recently been released from prison. While working for Bob, Joe attacked and raped the owner of the home that was being painted. The owner sued Bob.
A. Bob is not liable because Joe was a temporary worker hired though Deb’s Temps.
B. Bob may be liable because he did not make sure that adequate back ground checks had been done for the workers he hired.
C. Bob is not liable because Joe was not acting within the course and scope of his employment.
D. None of the choices are correct.
4 . Margo, an African American female, applied for a job as a drug and alcohol counselor with Roderick County. She was told she had to pass an exam to be considered for the position. The exam tested math and reading proficiency. Margo did not pass the exam and was not hired, despite having worked for 10 years as a drug and alcohol counselor in another county. African American applicants passed the exam at a significantly lower rate than White and Asian applicants. Margo has a claim for
A. disparate treatment discrimination because the County administered an eligibility test that was not job-related.
B. disparate treatment discrimination because the County administered an ineligibility test that was not job-related.
C. disparate impact discrimination because the County administered an eligibility test that was not job-related.
D. disparate impact discrimination because the County administered an ineligibility test that was not job-related.
5. Grand Lake Bridge Builders is hiring Material Handling Laborers. The job requires the ability to lift or move objects weighing 100 pounds. Shannon Marshall, who is 5’9” tall and looks to weigh about 135 pounds applies for the job. Grand Lakes wants to ensure that she is physically capable of doing the job.
A. Grand Lake can require Shannon to take a pre-employment physical examination before wasting time and money on the rest of the application process, such as an interview, drug test, and background check.
B. If Grand Lake makes a conditional job offer to Shannon, it can require her to take a physical examination before wasting time and money on the rest of the application process, such as the drug test and background check.
C. Grand Lake cannot require Shannon to take a pre-employment physical examination as a condition of employment, but can require a physical examination after a job offer has been made, provided that all of the non-medical aspects of the application process are completed before the physical examination.
D. Grand Lake can avoid this problem by keeping a set of 100 pound weights in the office and requiring all applicants to lift them at the time of the interview.
6 . True or False. Conrad Parker owns Inner Serenity Salon and Day Spa. He also sells a line of cosmetics called Conrad Parker. Conrad requires all makeup artists to wear black. The men must wear black pants and black T-shirts. The women must wear black skirts, black sweaters and high heeled shoes. Conrad believes that the makeup sells better if the females are dressed in a feminine way. He fired Selena for wearing pants to work. She will win her gender discrimination lawsuit.
7 . Women who are excluded from positions based on height and weight requirements can prove discrimination
A. unless there was no discriminatory motive behind the challenged policy.
B. unless the height and weight requirements can be proven to be directly correlated to the ability to do the job.
C. unless the height and weight requirements also screen out some men.
D. None of the choices are correct.
8 . Cassidy applies for a job as a combination bartender and server at Victor’s Casino and Resort Spa. The interview process includes a tour of one of the bar areas at the casino. Cassidy notices that the male bar tenders and servers are all wearing tuxedos. The female bar tenders and servers, who are also known as “Victor’s Vixens,” are all wearing thigh length, low cut, tight, black velour dresses and high heeled shoes. Towards the end of the interview, the manager asks Cassidy if she is willing to wear the required velour dress. Cassidy says that would not be a problem. Male and female bartenders and servers are given identical duties and wages. A week after starting the job, Cassidy decides that she doesn’t want to wear the velour dress anymore. She complains to her manager about the dress but the manager says it is part of the job and Cassidy agreed to wear it.
A. Cassidy cannot complain under Title VII because she witnessed the dresses before starting work and agreed to wear one.
B. Cassidy has a valid Title VII claim because females are being treated differently than men regarding attire with no explainable job related justification.
C. Cassidy cannot complain under Title VII because casino customers prefer to have women dressed provocatively but don’t care about the men.
D. Cassidy cannot complain under Title VII because being one of “Victor’s Vixens” is a BFOQ for female bartenders and servers for this brand of casino