Running Head: Assignment 3

Assignment 3
Bryan E. Cratty
Eliza Gordner
Marian University
BUS-358
October 13, 2013

Law in the Modern Workplace (BUS 358 Gordner)

Application Assignment #3

Answer the following Short Answer Questions:

1.

Describe the avenues of legal protection available to gay and lesbian individuals against
employment discrimination on the basis of their affinity orientation. (4 pts)

Assignment 3

1.

1.

1.

How is Title VIIs prohibition against religious discrimination substantively different from its
prohibitions against discrimination on the basis of other traits? (3 pts)

List the elements of a prima facie case of religious discrimination. (4 pts)

What risk(s) does an employer face if it enforces an English-only policy in all areas of the
workplace and at all times, including break times and other free time? (3 pts)

Assignment 3
1.

Distinguish between national origin and citizenship. (4 pts)

1.

Darrel has worked for Smith Metalworks, a small manufacturing firm which employs 18 people, for
12 years. All of the employees, including the owner, are required to work in the manufacturing part of
the business. Smith Metalworks is in a very competitive business where profit margins are thing and
jobs are hard to get. Reliability and precision are two of the most valued traits in its workplace.
Darrel's new religion requires him to attend daytime worship services from 10AM until noon, three
days per week, and he wants his employer to assure him that he will not miss these services. His
supervisor offers to allow him to go, but only on those rare days when a full workforce is not
necessary, and provided that he does not expect Smith to pay him for the missed time. Must Smith
Metalworks do more to accommodate Darrel's religious practices? Explain. (6 pts)

1.

Joe is a gay black man. He is open about his sexual orientation and often places unsolicited gayoriented pamphlets (informational, not obscene) on other employees desks. Joe also wears severe
make-up although he is not transsexual. After repeated requests to halt the distribution of the
literature and to stop wearing the make-up, he is fired for noncompliance and he brings a claim for
discrimination. Does Joe win? Why or why not? (6 pts)

Assignment 3

Answer the following Multiple Choice / True-False Questions (2 pts. each)

1.

1.

Ken, a homosexual black man, and Bob, a homosexual white man, are both employed by Acme
Inc., which is located in Anytown, USA and has 50 employees. Ken is disciplined for wearing
makeup, while Bob is not disciplined for wearing similar makeup. Ken brings a Title VII disparate
treatment claim against Acme. Which of the following statements is most accurate?
1.

Ken will succeed if heterosexual men are allowed to wear makeup.

2.

Ken may win if he is alleging the disparate treatment was based on race.

3.

Acme will win because Title VII does not protect against affinity orientation.

4.

None of the above.

Which of the following statement(s) regarding undue hardship in the context of religious
discrimination is/are most accurate?
1.

Courts address what is undue hardship on an individual basis.

2.

The EEOC has very specific rules on what constitutes undue hardship.

3.

Cost is the only factor taken into consideration regarding undue hardship.

4.

None of the above.

Assignment 3
1.

Which of the following will a court consider in determining whether an employer reasonably
accommodated an employees religious practice in the workplace?
1.

How many other employees practice the same religion.

2.

Cost of the accommodation.

3.

Size of the employers workforce.

4.

Both B and C.

5.

All of the above.

1.

In order to be afforded constitutional and/or statutory protections, the complainant must:

1.

Be a member of an organized religious denomination.

2.

Be a member of a religious denomination that the employer is familiar with.

3.

Show a sincerely held religious belief even without proving membership in a specific
religious denomination.

4.

1.

None of the above.

Due to the rise in complaints by employees of Middle Eastern descent since September 11,
2001, the EEOC:

1.
A.
B.
C.
D.

Has stopped taking 9/11-related complaints.

Created a specific classification for these complaints.
Has referred these complaints to the National Homeland Security office.
None of the above.

Assignment 3
1.

1.

1.

1.

1.

The owner of a manufacturing facility staffed completely by Mexicans refuses employment to a

white American manager because the owner is concerned that the Mexicans will only consent to
supervision by and receive direction from another Mexican. The American does not have a claim for
national origin discrimination because he cannot satisfy the first prong of his prima facie case.
1.

True

2.

False

Men who are harassed in the workplace for not being manly enough may be able to bring a Title
VII sexual harassment claim.
1.

True

2.

False

Dan is harassed by a male coworker, who makes repeated statements to him in the mens locker
room such as your hands are so soft what are you doing after work? and why dont you come strip
for me? After Dan complains, management doesnt have to investigate because both parties are
males.
1.

True

2.

False

Height requirements may be the basis for a disparate impact claim of national origin
discrimination under Title VII.
1.

True

2.

False

To promote uniform practices, workplace grooming codes should not be waived for religious
reasons.
1.

True

Assignment 3
2.

7
False