QuestionMaria, a Mexican American, and Sophia, a white American, ap

Maria, a Mexican American, and Sophia, a white American, applied for jobs at Golden Enterprises. Maria was not hired. In order to prevail on a claim for national origin discrimination under Title VII, Maria must prove 1. that Sophia was not qualified for the job. 2. that Golden Enterprises cannot articulate a legitimate nondiscriminatory reason for hiring Sophia. 3. that Golden Enterprises has at least 10 employees. 4. that she was qualified for the job. Omar Khaleel applied for a job as a bus driver with the Overland Omnibus Corporation. His employer was worried that it might be dangerous to allow someone of Middle Eastern descent to drive a large bus, loaded with 160 gallons of fuel, into the heart of the downtown areas in the cities served by the company. Therefore, he asked Omar to submit a more stringent background check than was used for other bus drivers. Eight months later, the background check was completed and Omar was hired as a driver. 1. Omar has no basis for a claim under Title VII because Overland was just being prudent as a result of the events of September 11, 2001. 2. Omar has no basis for a claim under Title VII because he was hired as a bus driver. 3. Omar can claim national origin discrimination under Title VII because he was treated differently than other bus drivers based on his Middle Eastern descent. 4. Omar can claim national origin discrimination under Title VII because his employer had difficulty pronouncing his name properly. Melanie is a white female, and she is married to Muhammad, who is of Middle Eastern descent. She has been employed at The Office Works for 3 weeks. Melanie has been subjected to daily verbal abuse since Muhammad dropped by to take her to lunch and her co-workers became aware of his ethnicity. She has been called an “Arab whore” and a “terrorist.” Her co-workers refuse to work with her, and her supervisor has responded to this behavior by assigning her to tasks in the stockroom when previously she assisted customers in the computer department. 1. Melanie does not have a claim for national origin discrimination because she is not a member of a protected class. 2. Melanie does have a claim for national origin discrimination under Title VII because she is being harassed based on the national origin of her husband. 3. Melanie does not have a claim for national origin discrimination because she has only been employed for 3 weeks. 4. Melanie does have a claim for national origin discrimination because the behavior of her co-workers and supervisor is neither severe nor pervasive. An English-only policy in the workplace: 1. will necessarily lead to an abusive environment for those whose primary language is not English. 2. does not violate Title VII as a matter of law. 3. may lead to an abusive environment for those whose primary language is not English. 4. is designed to deny non-English speaking individuals their protected right to express their cultural heritage. Virtually all of the non-U.S. citizens in the labor pool available to an employer are of Mexican descent, many of whom are legal aliens having the right to work in the U.S. The employer implements a policy against hiring any non-U.S. citizens. This policy: 1. is expressly exempt from Title VII, by the Guidelines on Discrimination Because of Religion or National Origin. 2. impermissibly denies individuals their Title VII-protected right to express their cultural heritage. 3. does not, as a matter of law, violate Title VII. 4. could be found to discriminate on the basis of national origin resulting in disparate impact discrimination in violation of Title VII Luis Vargas has been employed as a security officer for Slate Mountain Waterworks for 10 years. He has worked with Brett Simpson, also a security guard, for the last 3 years. Both Luis and Brett applied for the job of chief security office when the position became available. Brett was hired for the position. Slate Mountain only has 10 employees. Luis overheard Mr. Slate say he would never promote a Mexican if he could give the job to a real American. 1. Luis can file a claim for national origin discrimination under Title VII. 2. Luis can file a claim for national origin discrimination under the IRCA. 3. Luis cannot file a claim for national origin discrimination because he is still employed and there was no adverse employment action. 4. Luis cannot file a claim at all. Tang Li is employed by Henderson Corporation as a computer analyst. Once, in a fit of anger, Bob, his supervisor, used an ethnic slur in referring to Tang. Six months later, Bob yelled at Tang, calling him stupid. 1. Tang has a claim for harassment based on national origin under Title VII. 2. Tang does not have a claim for harassment based on national origin under Title VII because these two incidents, although offensive, would not create a hostile work environment. 3. Tang has a claim for harassment based on national origin because anytime an ethnic slur is used in the workplace, it constitutes harassment and the employer is liable. 4. Tang does not have a claim for harassment based on national origin because he did not report the first incident. The prohibition against national origin discrimination in Title VII is subject to the political function exception which 1. disqualifies a naturalized U.S. citizen from running for President of the United States. 2. allows employers to discriminate against individuals who are illegal aliens. 3. allows discrimination against a non-citizen when the position is intimately related to the process of democratic self-government. 4. allows employers to discriminate against individuals whose national origin is a country with which trade has been outlawed by a presidential Executive Order or an act of Congress. David Perez born in Port Alice, Wyoming. Under the Guidelines on Discrimination Because of Religion or National Origin, the federal agency for which he works must take affirmative steps to ensure that he is not discriminated against on the basis of the fact that his parents are 1. Mexican. 2. Southern European Italian Jewish. 3. Native American. 4. Black. Nesbitt hires Francois, a legal alien working in the U.S. with the legal authority to do so. One month later, Francois loses his right to work in the U.S.: 1. Nesbitt’s continued employment of Francois cannot constitute a violation of IRCA. 2. Nesbitt’s continued employment of Francois constitutes national origin discrimination against individuals with a U.S. national origin. 3. Nesbitt’s continued employment of Francois will constitute a violation of IRCA if Nesbitt knows that Francois is now an unauthorized alien. 4. Nesbitt’s continued employment of Francois will constitute prima facie evidence of criminal liability under IRCA. The male coaches of the men’s baseball and ice hockey teams at Downstate Technological University (“D-Tech’) receive bonuses for winning seasons. D-Tech does not have women’s softball or ice hockey teams. D-tech has a women’s gymnastic team and a women’s volleyball team but no similar teams for men. The female coaches of the women’s gymnastic team and the women’s volleyball team do not receive bonuses for winning seasons. The coaches of the gymnastic team and the volleyball team allege pay discrimination based on sex/gender. 1. The coaches of the women’s gymnastic team and the women’s volleyball team can prevail in a case under the Title VII of the Civil Rights Act only if their jobs are substantially equal to the male coaches for baseball and ice hockey. 2. The coaches of the women’s gymnastic team and the women’s volleyball team can prevail in a case under the Title VII even if their jobs are not substantially equal to the male coaches for baseball and ice hockey. 3. The coaches of the women’s gymnastic team and the women’s volleyball team cannot prevail in a case under the Equal Pay Act because the each coaching position is unique based on differences between sports. 4. The coaches of the women’s gymnastic team and the women’s volleyball team cannot prevail in a case under the Equal Pay Act because it is not traditional in the sporting world to pay bonuses for winning seasons in gymnastics and volleyball. Dahlia is a photography analyst. She reviews photographs for placement in a stock images catalog. Her male colleagues, who review photographs for placement in a stock images catalog, are image technicians. She complains that she is paid less for doing the same work as them. 1. Dahlia will prevail on a claim under the Equal Pay Act if the jobs require equal skill, effort and responsibility. 2. Dahlia will not prevail on a claim under the Equal Pay Act because the wage rates for these jobs have been historically different. 3. Dahlia will not prevail on a claim under the Equal Pay Act because the company hired image technicians before it hired photography analysts so all of the technicians have more years with the company than she does. 4. Dahlia will prevail on her claim under the Equal Pay Act if she can show that her job as a photography analyst is more productive than an image technician is safe from liability under the Equal Pay Act. The Foggy Bottom Sheriff’s Department requires all applicants for deputy sheriff to pass a pre-employment agility test. It requires an applicant to do 30 sit-ups in one minute, 25 pushups with no time limit, run 300 meters in 1 minute 11 seconds and drag a 165 pound dummy for a distance of 40 feet in 1 minute. Lisa McGregor fails the test. There are no female deputy sheriffs in the department. 1. Lisa has a valid claim for gender discrimination because the requirements of the agility test are too strenuous for most women. 2. Lisa has a valid claim for gender discrimination because the requirements of the agility test are just a subterfuge to avoid a claim of discrimination for screening applicants by height and weight. 3. Lisa does not have a valid claim for gender discrimination if the department can show that the agility test, as composed, is job-related and necessary. 4. Lisa does not have a valid claim for gender discrimination because the requirements of the agility test are not too strenuous for some women. Laura Manning applied for a job as a firefighter. She was 5-feet-2-inches tall and weighed 110 lbs. Laura was denied the position because she did not meet the

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