Employment Law for Business 7th Edition

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Sample Test
Chapter 03

Title VII of the Civil Rights Act of 1964

True / False Questions

1. (p. 100)The 1964 Civil Rights Act was passed the year after the historic March on
Washington led by the late Rev. Dr. Martin Luther King, Jr.
TRUE

Difficulty: 1 Easy

2. (p. 98)Jim Crow laws were state laws requiring racial desegregation after Brown v. Topeka
Board of Education.
FALSE

Difficulty: 1 Easy
3. (p. 100)Martin Luther King gave the famous “I Have a Dream” Speech on August 28, 1965.
FALSE

Difficulty: 1 Easy

4. (p. 104)Title VII protections were extended to congressional employees with the

Congressional Accountability Act of 1995.
TRUE

Difficulty: 2 Medium

5. (p. 104)The Pregnancy Discrimination Act of 2007 expanded Title VII’s coverage by adding
discrimination on the basis of pregnancy as a type of gender discrimination.
FALSE

Difficulty: 1 Easy

6. (p. 111)U.S. citizens employed outside the U.S. by foreign employers are protected against
workplace discrimination by Title VII.
FALSE

Difficulty: 2 Medium

7. (p. 114)Federal employee claims must be filed with the EEOC within 45 days of the
discriminatory event.
FALSE

Difficulty: 2 Medium

8. (p. 114-115)Federal employee claims of discrimination are filed through the EEOC.

FALSE

Difficulty: 2 Medium

9. (p. 118)An employee may file a lawsuit against his/her former employer even if the EEOC
did not find justification for the claim of discrimination.
TRUE
  

Difficulty: 1 Easy

10. (p. 118)Title VII requires courts to give EEOC decisions de novo review.
TRUE

Difficulty: 1 Easy

11. (p. 122-123)The Civil Rights Act of 1991 overturned the Supreme Court’s ruling
in Patterson v. McLean Credit Union that limited the application of 42 U.S.C. sec. 1981 to the
making of a contract, not the performance of the contract.
TRUE

Difficulty: 3 Hard

Multiple Choice Questions

12. (p. 98)The Civil Rights Act of 1964 prohibits discrimination

A. relating to employment, women in sports, and housing.
B. relating to employment only.
C. relating to employment, women in sports, housing, education, and public accommodations.
D. relating to employment, education, and public accommodations.

Difficulty: 1 Easy

13. (p. 100)In Brown v. Topeka Board of Education, the U.S. Supreme Court:

A. for the first time, allowed jury trials in Title VII cases.
B. struck down the separate but equal doctrine.
C. declared affirmative action to be a form of illegal reverse discrimination.
D. for the first time, recognized the business necessity defense.

Difficulty: 1 Easy

14. (p. 105)The Civil Rights Act of 1991

A. added compensatory damages and punitive damages as available remedies.
B. allowed jury trials at the request of either party when compensatory and punitive damages are
being sought.
 C. A and B
D. None of the choices are correct.

Difficulty: 1 Easy

15. (p. 111)Carol Jones, a U.S. citizen, was employed with MET, Inc. in its London office. Met
Inc. is a Delaware corporation with its principle place of business in New York. Ms. Jones was
recently laid off, and she believes she was a victim of racial discrimination. Ms. Jones
A. has no recourse because she was not working in the U.S. at the time she was laid off.
B. has no recourse because employment discrimination laws do not apply to lay offs.
C. has the right to file a claim for discrimination against her former employer pursuant to Title VII
of the Civil Rights Act of 1964.
D. has the right to file a claim for discrimination against her former employer pursuant to the Civil
Rights Act of 1991.

Difficulty: 3 Hard

16. (p. 107)The EEOC received more charges in fiscal year _______ than in any other year in its
history.
A. 1965
B. 1976
C. 1998
D. 2010

Difficulty: 1 Easy

17. (p. 110)Title VII prohibits discrimination in

A. hiring
B. hiring and firing
C. hiring, firing, and compensation
D. hiring, firing, training, and compensation

Difficulty: 1 Easy

18. (p. 111)Sally Landon is employed by Kent Electronics, Inc. in its London facility. Kent
Electronics, Inc. is a U.S. corporation. Sally is not a U.S. citizen. Sally’s job was eliminated in a
recent reduction in force. She noticed that only women were laid off. She contacted EEOC in
 Washington, D.C. to file a claim for discrimination.
A. Sally’s claim will be investigated by EEOC.
B. Sally’s claim cannot be filed with EEOC because the discrimination did not occur in the United
States.
C. Sally’s claim cannot be filed with EEOC because she is not a U.S. citizen and she does not live
in the United States.
D. Sally’s claim will be investigated by EEOC, but not all remedies available to U.S. citizens will be
available to Sally.

Difficulty: 3 Hard

19. (p. 111)Title VII applies to

I. Employment agencies.
II. Employers engaged in interstate commerce, if they have 15 or more employees for each
working day in each of 26 or more calendar weeks in the current or preceding calendar year.
III. Labor organizations of any kind that exist to deal with employers concerning labor issues,
engaged in an industry affecting commerce.
A. I and II
B. II and III
C. I and III
D. I, II, and III

Difficulty: 3 Hard

20. (p. 111-112)Title VII does not apply to

I. American employers employing U.S. citizens outside the U.S.

II. Communist organizations
III. Employers employing Native Americans living in or around Native American reservations
A. I and II
B. II and III
C. I and III
D. I, II, and III

Difficulty: 3 Hard

21. (p. 110, 115)Jay Foster was employed as an auto mechanic with Madison & Sons Auto
Shop. Mr. Madison employed 30 mechanics in each of his facilities in Denver, Colorado. Jay was
the only African American mechanic and he had been employed by Mr. Madison for approximately
9 years. He had applied for a promotion to chief mechanic on 4 separate occasions and each
time, the promotion had been given to a white male with less seniority and less experience. After
being denied the promotion for the 5th time, Jay filed a claim with EEOC. Jay’s employment was
 terminated after the EEOC contacted Mr. Madison concerning the claim.
A. The only claim that can be asserted against Mr. Madison is discrimination based on race.
B. Mr. Madison can only be found to be liable for violation of the anti-retaliation provisions of the
Civil Rights Act of 1964.
C. Mr. Madison may be found liable for violation of the prohibitions against discrimination and the
anti-retaliation provisions in the Civil Rights Act of 1964.
D. None of the choices are correct.

Difficulty: 2 Medium

22. (p. 111)Undocumented workers are

A. not protected by Title VII of the Civil Rights Act.
B. protected by Title VII of the Civil Rights Act and afforded all the same remedies as any other
worker.
C. protected by Title VII of the Civil Rights but are not eligible for reinstatement, back pay for
periods after discharge or failure to hire.
D. None of the choices are correct.

Difficulty: 3 Hard

23. (p. 111-112)Hilary James owns and operates a Bed & Breakfast Inn near the Lumbee Indian
reservation. Ms. James gives a preference to Lumbee Indians when hiring for positions at the Bed
& Breakfast. Ms. James’ hiring practices
A. violate Title VII of the Civil Rights Act.
B. do not violate Title VII because she is exempt from compliance with Title VII of the Civil Rights
Act.
C. do not violate Title VII because she is just exercising a preference; it is not a written policy.
D. None of the choices are correct.

Difficulty: 2 Medium

24. (p. 112)Elijah Murphy studied voice, opera, and Jewish liturgical music at the Southern
Baptist Theological Seminary. After he graduated, he applied for a job as a cantor (i.e.,
professional singer who leads prayer services) at the Nashville Downtown Synagogue. The
synagogue responded that he was not qualified for the position and refused to consider him for
the job because he is not Jewish.
A. Elijah has a prima facie case of disparate treatment discrimination against the synagogue and
the synagogue has no defense.
B. Elijah has a prima facie case of discrimination against the synagogue and the synagogue can
successfully assert the ministerial exception to Title VII.
C. Elijah does not have a prima facie case of discrimination, so it doesn’t matter whether the
synagogue can assert a defense.
 D. Elijah has a prima facie case of discrimination against the synagogue and the synagogue can
successfully assert the business necessity defense.

Difficulty: 2 Medium

25. (p. 114)The number of days that a non-federal government employee has to file a timely
claim with the EEOC, under Title VII of the Civil Rights Act, is
A. 45 days.
B. 120 days.
C. 300 days
D. 180 days.

Difficulty: 1 Easy

26. (p. 114)With the Lilly Ledbetter Fair Pay Act of 2009, Congress
A. extended the statute of limitations for filing a pay discrimination claim from 180 days to 300
days
B. extended the statute of limitations for filing a gender discrimination claim based on pay from
180 days to 300 days
C. extended the statute of limitations for filing a race discrimination claim based on pay from 180
days to 300 days
D. None of the above.

Difficulty: 2 Medium

27. (p. 108, 115)In fiscal year 2010, __________ claims represented the largest percentage of
claims filed under Title VII.
A. race discrimination
B. gender discrimination
C. national origin discrimination
D. retaliation

Difficulty: 2 Medium

28. (p. 115)Claims for discrimination filed with a 706 agency must be filed within ____ days of
the incident giving rise to the claim.
A. 45
B. 180
C. 300
D. None of the choices are correct.
  

Difficulty: 1 Easy

29. (p. 115)A “706 agency” is a state agency that contracts with EEOC to assist in the
investigation of discrimination claims.
A. EEOC can defer a claimant to a 706 agency for 60 days before investigating.
B. EEOC will not review claims deferred to 706 agencies.
C. 706 agencies do not investigate discrimination claims unless filed with EEOC first.
D. None of the choices are correct.

Difficulty: 2 Medium

30. (p. 117)If the parties elect mediation, but mediation is not successful:
A. the EEOC issues a right-to-sue letter to the claimant
B. the EEOC investigates the claim
C. the EEOC sends the matter to court for de novo review
D. None of the above.

Difficulty: 2 Medium

31. (p. 117)After EEOC completes its investigation,

A. upon a finding of no reasonable cause, it can give the employee a right-to-sue letter.
B. if the claim is not disposed of by conciliation, the EEOC can take the matter further and file suit
against the employer in federal district court.
C. upon a finding of reasonable cause to charge the employer with discrimination, it will attempt to
bring the parties together for resolution by conciliation.
D. All of the choices are correct.

Difficulty: 2 Medium

32. (p. 117)The EEOC has investigated Chen’s complaint of discrimination under Title VII
against his employer and sent him a notice that it determined that there was no reasonable cause
for his complaint.
A. Chen has 180 days after he receives his “right-to-sue” letter from the EEOC to bring the same
complaint to his state’s 706 agency and try to get a better result.
B. Chen has 180 days after he receives his “right-to-sue” letter from the EEOC to sue his
employer in federal court.
C. Chen has 90 days after he receives his “right-to-sue” letter from the EEOC to sue his employer
in federal court.
D. Chen has 90 days after he receives his “right-to-sue” letter from the EEOC to bring the same
complaint to his state’s 706 agency and try to get a better result.
  

Difficulty: 1 Easy

33. (p. 118)Mandatory Arbitration Agreements wherein the employee agrees to arbitrate all
disputes arising out of his/her employment relationship
A. do not interfere with the employee’s right to file a claim for discrimination with the EEOC.
B. prevent an employee from pursuing a claim for discrimination with the EEOC.
C. are enforceable except when the employer violates Title VII of the Civil Rights Act.
D. are not enforceable unless authorized by the EEOC.

Difficulty: 3 Hard

34. (p. 119)Courts are closed to Title VII claimants if

A. they have signed mandatory arbitration agreements with their employers
B. they are referred to mediation by the EEOC
C. they file their claims with a 706 agency
D. All of the above.

Difficulty: 2 Medium

35. (p. 119)Nemo Gill was hired by the Spectacular Tropical Aquarium and agreed to submit any
disputes arising out of his employment to binding arbitration. Nemo was fired when he became a
“Rastafarian” and urged his co-workers to become vegetarians and smoke ganja. Without waiting
for the results of the arbitration, Nemo filed a complaint alleging religious discrimination with the
EEOC. The EEOC quickly filed a lawsuit on his behalf. Spectacular moved to have the EEOC’s
lawsuit dismissed on the grounds that Nemo signed a valid arbitration agreement.
A. The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo
signed the mandatory arbitration agreement.
B. The EEOC can bring a lawsuit enforcement action against Spectacular despite Nemo’s
agreeing to arbitration.
C. The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo did
not wait for the results of the arbitration.
D. The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo’s
urging his co-workers to smoke ganja and become vegetarians had nothing to do with his job.

Difficulty: 2 Medium

36. (p. 121)“Black codes”

A. were enacted by Southern states after the Civil War to replace “slave codes” in enforcing white
superiority.
B. enable black employees in the workplace to communicate using terms that are only understood
by black people.
 C. were finally prohibited by the Civil Rights Act of 1991.
D. were a subtle form of discrimination in Northern states while segregation was practiced in the
South.

Difficulty: 2 Medium

37. (p. 122-123)Agnes wishes to bring a race-based discrimination suit against her employer
under 42 U.S.C. 1981. In order to process her case she must take the following actions.
A. File her claim with the EEOC (or a 706 agency) within 180 days.
B. Exhaust her administrative remedies at the EEOC before bringing the suit in federal court.
C. Receive a right-to-sue letter from the EEOC.
D. None of the choices is correct

Difficulty: 2 Medium

38. (p. 122)The Barbers are African Americans. They applied for membership at their local
health club. They were denied membership. They discover that the health club has a history of
rejecting membership applications of African Americans. They may bring a claim:
A. under Title VII
B. under 42 U.S.C. sec. 1981
C. under 42 U.S.C. sec. 1983
D. A and B

Difficulty: 2 Medium

39. (p. 121)______________, known as the Ku Klux Klan Act, addresses conspiracies to

interfere with or deprive others of their civil rights.
A. 42 U.S.C. sec. 1981
B. 42 U.S.C. sec. 1983
C. 42 U.S.C. sec. 1985
D. None of the above.

Difficulty: 2 Medium

40. (p. 122-123)A person who brings a claim of employment discrimination under 42 U.S.C.
section 1981 must show that
A. there was a conspiracy to cause discrimination by other persons at the workplace.
B. that the person who discriminated was acting under color of state law.
C. that the discrimination occurred in connection with an employment contract.
D. that the discrimination was based on a disparate impact.
  

Difficulty: 1 Easy

41. (p. 123-124)Marion Zhu is a social worker with the Middle Sierra School District. Her race is
Asian. She is denied a promotion at work although she had the highest score on the social
workers promotion examination. A white social worker and a black social worker who had lower
scores on the exam were promoted. The School District’s Human Resources Department declines
to hear her appeal. Marion is convinced that she was not promoted because she is Asian. Marion
can bring a claim of discrimination based on
A. Title VII of the Civil Rights Act of 1964.
B. 42 U.S.C. section 1983.
C. The Fourteenth amendment to the U.S. Constitution.
D. All of the choices are correct.

Difficulty: 2 Medium

42. (p. 123)The term ‘under color of state law’ refers to:

A. laws enacted to protect the “Rainbow Coalition.”
B. any discrimination complaint that is brought outside the provisions of Title VII.
C. state Jim Crow laws.
D. an action taken by a person acting on behalf of a state or local government that deprives
someone else of their civil rights.

Difficulty: 2 Medium

43. (p. 122-123)42 U.S.C. sec. 1981

A. makes it illegal to discriminate against blacks on the basis of race in making and enforcing
contracts.
B. makes it illegal to deny civil rights on the basis of color by someone acting as if they were
acting on behalf of the government.
C. prohibits joint activity to deny someone their rights based on race.
D. All of the choices are correct.

Difficulty: 2 Medium

44. (p. 121)42 U.S.C. sec. 1985 is:

A. enforced only by the EEOC.
B. enforced only by the OFCCP.
 C. enforced entirely by private right of action.
D. repealed by the Civil Rights Act of 1991.

Difficulty: 1 Easy

45. (p. 122)Sylvester Goldman, a black man, enters an employment contract with Beltway
Analysts and Advisors, for a term of three years. Shortly after beginning work, it is made clear to
Sylvester by some of his white colleagues that he is not welcome. The lock on his office is broken,
his telephone voicemail is sabotaged, and his email is corrupted by a virus. These activities make
it nearly impossible for Sylvester to do his work. Sylvester’s contract is terminated for poor
performance. Sylvester has viable race discrimination causes of action against his employer
under:
A. either Title VII or 42 U.S.C. sec. 1981 but not both.
B. 42 U.S.C. sec. 1983.
C. both Title VII and 42 U.S.C. sec. 1981.
D. the ruling in Patterson v. McLean Credit Union

Difficulty: 3 Hard

46. (p. 124)________________ was used against the police officers who were videotaped
during the arrest of Rodney King in Los Angeles in 1991.
A. Title VII.
B. 42 U.S.C. sec. 1981.
C. 42 U.S.C. sec. 1983.
D. 42 U.S.C. sec. 1985.

Difficulty: 2 Medium

47. (p. 133)In Ali v. Mount Sinai Hospital, the federal court:

A. granted summary judgment for the claimant because the hospital enforced its dress code in a
discriminatory manner.
B. granted summary judgment for the hospital because the claimant failed to show evidence that
the hospital enforced its dress code in a discriminatory manner.
C. denied claimant’s motion for summary judgment.
D. denied the hospital’s motion for summary judgment.

Difficulty: 3 Hard

48. (p. 151)Samantha Bradshaw signed an employment contract with Soaks in the City to work
as a hot tub sales clerk. The agreement included an arbitration agreement. After Samantha was
denied a promotion she filed a charge of discrimination with the EEOC. The manager of Soaks
 told Samantha that her employment contract requires her to use arbitration to pursue her case
instead of going to the EEOC.
A. Samantha cannot pursue her claim of discrimination at the EEOC because she signed a
contract agreeing to arbitration.
B. The EEOC can take Samantha’s case to court because it was not a party to the employment
agreement.
C. The EEOC can represent Samantha in the arbitration of her case because it is the official
government agency for resolving complaints of discrimination.
D. If the arbitration hearing is held and a decision is issued before the EEOC takes action it will be
the final result for Samantha’s claim.

Difficulty: 2 Medium

Essay Questions

49. (p. 111)Joe’s Bakery advertised in the local newspaper for an assistant baker. Muhammad,
a recent honors graduate of the Culinary School of America, applied for the position and was told
that the position had been filled, although the position remained open. Muhammad is of Middle-
Eastern descent and practices the Muslim faith. The following day and for nine consecutive days,
Muhammad saw the ad in the paper again. Joe’s Bakery employs 7 people, including Joe. Do the
facts satisfy the requirements for a prima facie case? If so, can Muhammad pursue a claim for
discrimination against Joe’s Bakery?

This scenario satisfies all of the elements of a prima facie case. First, Muhammad is a member of a
protected class in that he is Muslim. Secondly, he applied for a job as assistant baker, and he was
qualified to hold that position. Third, Muhammad was not hired and the job remained open. Joe’s
Bakery continued to advertise the position and accept applications.

Even though Muhammad has satisfied all the elements of a prima facie case, he cannot file a claim
for discrimination against Joe’s Bakery because the company only employs 7 people. Title VII of the
Civil Rights Act only applies to employers with 15 employees or more.

Difficulty: 3 Hard

50. (p. 112-113)List the steps in the process used to file a claim for discrimination within the
EEOC.

(1) Employee files a claim with the EEOC.

(2) EEOC notifies the employer/responding party of the alleged discrimination.
(3) Parties may receive a referral to mediation.
(4) If both elect mediation, charge is mediated.
(5) If the parties resolve the dispute in mediation, the settlement is binding and the case is closed.
(6) If the parties do not accept mediation or mediation does not resolve the dispute, the EEOC
investigates the claim.
(7) If the EEOC’s investigation shows reasonable cause to believe discrimination has occurred,
parties meet and try to conciliate.
(8) If agreement is reached in conciliation, the settlement is binding and the case is closed.
(9) If the EEOC’s investigation shows no reasonable cause, the employee is notified of the EEOC’s
decision and given a right-to-sue letter.
(10) If reasonable cause is found, the EEOC notifies the employer of the proposed remedy.
(11) If employer disagrees, he or she can appeal the decision.

Difficulty: 1 Easy