True / False Questions
- (p. 262)The Civil Rights Act of 1964 originally defined race as only black and white.
FALSE
Difficulty: 1 Easy
- (p. 268, 293)The term “Hispanic” can refer to race or national origin.
TRUE
Difficulty: 1 Easy
- (p. 268)Title VII prohibits discrimination against an employee because she associates with someone of a different race.
TRUE
Difficulty: 2 Medium
- (p. 274)White managers using the term “boy” in reference to black employees is not enough evidence of race discrimination.
FALSE
Difficulty: 2 Medium
- (p. 282)Racial harassment can occur over the internet via email.
TRUE
Difficulty: 1 Easy
- (p. 268)If an employer makes a decision that discriminates on the basis of race, only black employees can sue based on Title VII because it was designed to eliminate discrimination against blacks.
FALSE
Difficulty: 1 Easy
- (p. 275)Justice Thurgood Marshall argued Brown v. Board of Education, which ended segregation in public schools in 1954.
TRUE
Difficulty: 2 Medium
- (p. 279)If an employer that has a “no beard” policy grants an exception to a black male who provides credible evidence of a condition of pseudo folliculitis barbae (“PFB”) the policy will become unenforceable because white employees will be able to claim discrimination if they are not allowed to grow beards.
FALSE
Difficulty: 2 Medium
- (p. 279)Title VII prohibits claims of unintentional discrimination.
FALSE
Difficulty: 2 Medium
- (p. 283)An employee who brings a case of discrimination based on race under Title VII is automatically considered to bring a case based on color.
FALSE
Difficulty: 3 Hard
- (p. 260)Data from the EEOC shows that the number of complaints alleging discrimination based on race has declined in each decade since the Title VII became law in 1964.
FALSE
Difficulty: 1 Easy
- (p. 288)Race can be a bona fide occupational qualification in certain circumstances.
FALSE
Difficulty: 1 Easy
Multiple Choice Questions
- (p. 275)The House of Representatives passed a resolution apologizing for slavery in
A. 1975
B. 1986
C. 1997
D. 2008
Difficulty: 2 Medium
- (p. 268)Marla, a white woman, is married to an African American man and has a biracial child. She works as a counselor for a large private school. One day her husband and child stop by her office to take her to lunch. The next day, the principal fires Marla. Marla believes the termination is based on the principal’s reaction to her husband and child. Marla
A. does not have a claim under Title VII because she was not discriminated against based on her race, color, religion, sex, or national origin.
B. has a claim under Title VII based on retaliation.
C. has a claim under Title VII based on association discrimination.
D. has a claim under Title VII based on perception discrimination.
Difficulty: 3 Hard
- (p. 283)Tiffany, a light-skinned black woman, is the manager of the cosmetics department of a large retail store. She does not promote Monica, a brown-skinned black woman, because she believes customers prefer lighter skinned cosmetic consultants. Monica
A. does not have a claim under Title VII because color discrimination cannot occur between members of the same race.
B. has a claim under Title VII because color discrimination can occur between members of the same race.
C. has a claim under ADEA.
D. has a claim under FLSA.
Difficulty: 2 Medium
- (p. 282)As a joke based on a losing Super Bowl bet, some employees at the New England Telephone Company hung a noose in the workplace. Upon seeing the noose, Herman Wilson, a black co-worker, promptly took it down and reported the incident to management. The perpetrators of the incident were reprimanded and warned that further incidents would result in more serious discipline. In addition, management sent a message to all employees explaining the history of the noose as a symbol of racial hatred. Nevertheless, Mr. Wilson filed a complaint of discrimination based on racial harassment.
A. Mr. Wilson will not be able to prove racial harassment because this incident was not racially motivated and management took immediate corrective action.
B. Mr. Wilson will be able to prove racial harassment because hanging a noose has the symbolic weight of the use of lynching to terrorize African-Americans, to chill exercise of their rights and is a death threat.
C. Mr. Wilson will not be able to prove racial harassment because he took down the noose immediately instead of letting it hang for a few days.
D. Mr. Wilson will be able to prove racial harassment because management did not fire the employees who hung the noose.
Difficulty: 3 Hard
- (p. 268)The definition of “race” specified in the statutory language of Title VII includes the following racial categories:
A. American Indian or Alaska Native
B. Asian
C. Black or African American
D. None of the choices is correct.
Difficulty: 3 Hard
- (p. 288)Zhu owns a commercial cleaning business. He will not hire a black applicant for a supervisory position because he believes his predominately Asian crew will not work for a black supervisor. Zhu has
A. caused disparate treatment discrimination, but he has a bona fide occupational qualification defense.
B. caused disparate treatment discrimination and he does not have a bona fide occupational qualification.
C. caused disparate impact discrimination, but he has a business necessity defense.
D. caused disparate impact discrimination and he does not have a business necessity defense.
Difficulty: 2 Medium
- (p. 282)Actionable racial harassment:
A. must be either severe or pervasive enough to alter the conditions of employment and create an abusive working environment.
B. exists only where the victim is not a member of a majority race.
C. exists only where the victim is not a member of the race that is the majority in the workplace.
D. must be both severe and pervasive enough to alter the conditions of employment and create an abusive working environment.
Difficulty: 2 Medium
- (p. 277)Title VII’s ban on racial discrimination
A. applies to black people only
B. applies to black and Hispanic people only
C. applies to all citizens equally
D. applies only to people of color
Difficulty: 1 Easy
- (p. 278-280, 288)Juan, a Hispanic male, is a chemical engineer for Alliance Chemical. He is the only Hispanic male in a department of 74, 42 of whom are engineers. He is terminated after 10 months on the job. His supervisor said the discharge was based on Juan’s poor performance, including routinely reporting to work late, for taking excessive unexcused absences and missing project deadlines. According to the supervisor, Juan was the least productive engineer in the department. Juan believes that because he was the only Hispanic in the department he has a good claim for discrimination.
A. Juan does not have a claim for discrimination under Title VII because he was terminated for poor performance, a legitimate nondiscriminatory reason.
B. Juan does not have a claim for discrimination under Title VII because he was terminated for poor performance, a business necessity.
C. Juan does not have a claim for discrimination under Title VII because “Hispanic” is not a protected category.
D. Juan does not have a claim for discrimination under Title VII because Alliance Chemical is a federal contractor.
Difficulty: 3 Hard
- (p. 282)An employer will be found liable for racial harassment if the employer can show
A. that the harassment was unwelcome and based on race
B. that the harassment was so severe or pervasive that it altered the conditions of employment and created an abusive environment
C. there is a basis for imposing liability on the employer
D. All of the choices are correct.
Difficulty: 2 Medium
- (p. 294)In Jones v. Robinson Property Group, d/b/a Horseshow Casino & Hotel, the court found that:
A. Jones presented sufficient evidence showing that his race was a factor in employment decisions.
B. Jones did not present sufficient evidence showing that his race was a factor in employment decisions.
C. Jones presented sufficient evidence showing that his color was a factor in employment decisions.
D. Jones did not present sufficient evidence showing that his color was a factor in employment decisions.
Difficulty: 1 Easy
- (p. 278)Carrie Farini, a white woman, applies for a job as a waitress at the Redbone Cajun and Soul Food Restaurant. Although she has prior experience as a server at other dining establishments, she is not hired because she is white. All of the waiters at the Redbone are black men.
A. Carrie can bring a complaint of discrimination under Title VII based on race.
B. Redbone can defend the case on the basis that race is a bona fide occupational qualification to work in the dining room at Redbone because it is presenting a soul food dining experience.
C. Carrie can reapply to work at the Redbone if she is willing to work wearing “black face” make-up.
D. Carrie can bring a complaint of discrimination under 42 U.S. C sec. 1983.
Difficulty: 3 Hard
- (p. 270)Researchers referring to the concept “new racism”
A. are referring to the idea that blacks are unable to break the “glass ceiling” and attain positions in upper level management.
B. are referring to the idea that people appear to be more racist on average since the attack on the World Trade Center.
C. are referring to the idea that white people believe that the existing civil rights laws have made everything fair so that there is no need to do anything more to ensure equal opportunity for minorities.
D. are referring to the idea that white people feel they are being discriminated against as a result of Title VII and affirmative action.
Difficulty: 3 Hard
- (p. 281)Studies have shown that race discrimination
A. claims are successful only if the claimant has evidence that the supervisors condone and encourage racist conduct by other employees.
B. is on the decline due in large part to the effect of Title VII.
C. occurs based on the individual’s name and voice.
D. All of the choices are correct.
Difficulty: 2 Medium
- (p. 287)In an effort to limit the number of claims filed against their employers, it is important that managers(I) Understand that race discrimination still exists and acknowledge the problem when it is alleged.
(II) Plan company sponsored cultural events that separate the employees so that white people will not be offended by their minority co-workers.
(III) Make sure that the employees understand that the company race discrimination will not be tolerated.
A. I only.
B. I and II only.
C. I and III only.
D. All of the choices are correct.
Difficulty: 2 Medium
- (p. 282)When an employee has complained to his/her employer about racial harassment, the employer should
A. not investigate if there has only been one isolated incident of misconduct because one incident does not rise to the level of racial harassment.
B. investigate and take immediate corrective action.
C. avoid future communications with the employee in order to prevent a complaint with EEOC for reprisal because the employee complained about the harassment.
D. eliminate any future harassment problems by terminating all employees involved, including the employee that complained.
Difficulty: 2 Medium
- (p. 293)In Chandler v. Fast Lane, Inc., Chandler, who refused to follow the employer’s discriminatory practices against African American employees, alleged that:
A. she was constructively discharged
B. she was discriminated against because of her association with African Americans in violation of Title VII
C. she was discriminated against because of her opposition to a discriminatory practice in violation of Title VII
D. All of the choices are correct.
Difficulty: 3 Hard
- (p. 282)Briana Winston was recently employed as a flight attendant by Tropical Coast Airlines. She was the only black female flight attendant at her airport hub. Upon arriving at her hub after attending flight attendant school, Briana experienced incidents at work that included occasional racial slurs by co-workers, having coffee spilled on her uniform before boarding flights, and having the lock jammed on her company locker. One co-worker told her, in front of their supervisor that the airline’s customers would not want to take orders from a black girl in case of an in-flight emergency. Briana resigned after 6 months of this treatment.
A. Briana has a cause of action for racial harassment under 42 U.S.C. 1983.
B. Briana does not have a cause of action for racial harassment.
C. Briana has a cause of action for racial harassment under Title VII.
D. None of the choices are correct.
Difficulty: 2 Medium
- (p. 282)To establish employer liability in a claim for racial harassment where the harasser is a co-worker, the employee must show that
A. the supervisor participated in the harassing behavior.
B. the same harassing incident was committed more than once.
C. the employer was negligent in either discovering or remedying the harassment.
D. the employer was negligent in hiring the individual alleged to have engaged in racial harassment.
Difficulty: 3 Hard
- (p. 287)A good manager should
A. listen to all sides of the problem before making a decision.
B. take all allegations of race discrimination seriously and investigate.
C. be willing to discuss race with his employees in order to provide the proper training for those that will make management decisions.
D. All of the choices are correct.
Difficulty: 1 Easy
- (p. 295)In Vaughn v. Edel, Vaughn was not given the same opportunities to improve her performance as her coworkers based on her
A. Gender.
B. National Origin.
C. Color.
D. None of the choices are correct.
Difficulty: 2 Medium
- (p. 297)To establish a prima facie case under the opposition clause of Title VII, an employee must show that:
A. she was engaged in an opposition activity protected under Title VII.
B. she was a victim of an adverse employment action.
C. a causal connection exists between the opposition activity and the adverse employment action.
D. All of the choices are correct.
Difficulty: 2 Medium
- (p. 282)Harold Tyson worked for Alegius Financial Services as a sales representative. On three occasions over a period of six months, a co-worker left Klu Klux Klan (KKK) literature, including racial slurs, on the desks of all of the employees, including supervisors, in the office where Harold worked. Also, on the first workday of each month, the co-worker sent an email with a link to a KKK website to all of the employees, including supervisors. Harold did not complain to Alegius. Subsequently, he filed a claim with the EEOC and later sued Alegius for racial harassment.
A. Harold will lose his case because he did not notify his employer of the racial harassment.
B. Harold will lose his case because he did not give his employer an opportunity to investigate the incident
C. Harold will win his case because it was illegal for his co-worker to belong to the KKK.
D. Harold will win his case because the employer was aware of the racially harassing behavior.
Difficulty: 3 Hard
- (p. 297)Brett Donovan was the manager at Walton’s Diner. He planned to promote Keisha, one of the waitresses, to Assistant Manager; however, the owner told him that he did not want a black person in charge at any time of the day or night at his restaurant. Additionally, Brett wanted to promote Carlton, one of the bus boys, to waiter. The owner vetoed that recommendation as well on the grounds that his customers would not feel comfortable having a black man bring them their food, that it might be intimidating. Brett was extremely frustrated and offered Keisha and Carlton the promotions anyway because they were deserving. Subsequently, Brett was fired.
A. Brett has a cause of action against Walton’s Diner under Title VII of the Civil Rights Act of 1964 under the opposition clause.
B. Brett has a cause of action against Walton’s Diner under Title VII of the Civil Rights Act of 1964 based on the theory of constructive discharge.
C. Brett is liable for race discrimination because he failed to change the company’s policy regarding promotion of African Americans.
D. Brett is liable for race discrimination because he acquiesced in the employer’s discriminatory policy.
Difficulty: 3 Hard
- (p. 279)Sharon worked at the Quick Mart with James. The two of them decided to steal some beer to celebrate their school graduation. Sharon watched the front of the store while James loaded the beer into his truck out back. Neither Sharon nor James was aware of the security cameras in the parking behind the building. The owner was notified of the theft by the security guard. The owner terminated Sharon, a white female and gave James, a black male, a written warning.
A. Sharon has no cause of action because she is an employee-at-will
B. Sharon has no cause of action because she is white
C. Sharon has a cause of action under Title VII for race discrimination
D. All of the choices are correct.
Difficulty: 2 Medium
- (p. 297)Title VII includes an “opposition” clause which
A. allows an employee to oppose any adverse employment decision that is made based on his/her race.
B. allows white employees to oppose the use of race in employment related decisions if they believe that the employer is engaging in reverse discrimination.
C. gives an employee a cause of action for opposing his/her employer’s discriminatory employment policies.
D. None of the choices are correct.
Difficulty: 3 Hard
- (p. 282)Employers accused of violating Title VII’s prohibition of race discrimination in employment will be found liable if
A. the employer engages in harassment.
B. the employer allows harassing activity to occur in the workplace.
C. the employer’s supervisors permit harassing activity to occur in the workplace.
D. All of the choices are correct
Difficulty: 1 Easy
- (p. 288)Cynthia Williams filed a lawsuit against her employer for racial harassment. The evidence at trial indicated that her employer responded immediately to her allegations of racial discrimination by investigating the matter, reprimanding the harasser and conducting department wide meetings to discuss the company’s policy on race discrimination. Cynthia will
A. win the lawsuit because her employer acknowledged that the race discrimination occurred.
B. win the lawsuit because her employer did not terminate the harassing employee.
C. lose the lawsuit because her employer acted reasonably when notified of the racial harassment.
D. lose the lawsuit because the harasser admitted to engaging in racial harassment.
Difficulty: 3 Hard
- (p. 282)Derrick Herrington, a black man, was employed at Bluefield Tire Manufacturing Company. Mr. Herrington contacted the plant manager to inform him that his supervisor, Bill Mitchell, treated him differently than the other employees because he was black. The following day, Mr. Mitchell told Derrick that if he called the plant manager again, he was going to see to it that the “Klan” paid him a visit.
A. Mr. Herrington does not have a claim for race discrimination because the Klan did not actually seek him out.
B. The facts of this scenario satisfy the requirement that the discrimination be based on race in order to prevail on a claim for racial harassment.
C. Mr. Herrington cannot file a claim for racial harassment because the supervisor was the only person involved in the harassment.
D. None of the choices are correct.
Difficulty: 3 Hard
- (p. 270)Now that the Civil Rights Act of 1964 has been in effect for over 40 years
A. there is no longer any need to monitor race discrimination in the workplace.
B. claims based on race discrimination are rarely filed with the EEOC.
C. all barriers to equal employment opportunity for blacks in the workplace have been eliminated.
D. None of the choices is correct.
Difficulty: 2 Medium
- (p. 278)Madison Mayberry, a black woman, has worked in the mailroom at Worldwide Pictures for 16 years. When a mailroom supervisor position becomes open, Madison applies for the job but she is not selected. Instead, Renee Alton, the director of administration, hires Sally Wright, a white woman. When Madison complains to Renee, she says that she selected Sally because they are best friends and Sally needed a better job after her divorce. Madison files a complaint of racial discrimination with the EEOC.
A. Madison will prevail on her complaint because she is clearly better qualified than the person who was selected and that person is of a different race.
B. Madison will prevail on her complaint because Renee’s explanation is unbelievable and is an obvious pretext for discrimination.
C. Madison will not prevail because not every decision that is arbitrary or unfair is discrimination.
D. Madison will not prevail because it would be an undue hardship on Sally if she were not selected for the supervisory job.
Difficulty: 3 Hard
- (p. 295)Alexander Harrington is a black man with a law degree from one of the top law schools in the country. Under an affirmative action recruiting program, he is hired as the first black associate at a prestigious law firm. The partner for whom he works gives him routine assignments which he handles outstandingly. After a few months, Alex realizes that the firm’s other first-year associates have recently been given more complex projects. Alex asks the partner for more challenging work and is told that the work he is being given is what the partner needs and is appropriate for Alex’s level of experience. Although Alex receives a six-month bonus similar to that given to other associates, he complains to the managing partner about the level of his assignments. He is told that an associate is to do the work assigned by the partner for whom he works. Alex files a complaint of race discrimination with the EEOC.
A. Alex has no basis for a complaint of race discrimination because his bonus was not affected by his assignments.
B. Alex has no basis for a complaint of race discrimination because the reasons given to Alex by the partner for whom he works are legitimate and non-discriminatory.
C. Alex has a basis for a complaint of discrimination because his assignments can affect his career development and he is being treated differently from others who are similarly situated and not of his race.
D. Alex has a basis for a claim of discrimination because the managing partner did not assign more complex work to him directly.
Difficulty: 3 Hard
- (p. 283)Brenda Lester is a light-skinned African American woman who worked the morning shift as a cashier at the Waltersville All-Night Diner. A few weeks after a dark-skinned African-American manager took over the morning shift, Brenda was moved to the night shift. When Brenda complained, the manager said, “You may have passed the ‘paper bag test’ but black is beautiful now.” When Brenda replied that it was unfair to change her shift for no good reason, he said that he’d be willing to reconsider his decision if she got a tan.
A. Brenda can bring a claim of discrimination under Title VII based on race.
B. Brenda can bring a claim of discrimination under Title VII based on color.
C. Brenda cannot bring a claim of discrimination under Title VII based on race.
D. Brenda cannot bring a claim of discrimination under Title VII based on color.
Difficulty: 2 Medium
- (p. 281)Rasheed Olson, a black man, has a Bachelor of Science degree in physical fitness. He has applied for positions with several health clubs that have advertised vacancies for fitness instructor but he has received no interviews. After looking for a job in his field for several months, he suspects that he is being discriminated based on race due to his first name. He submits an identical resume to one of the health clubs that he applied to months ago but he changes his first name on the resume. He is invited for an interview.
A. Rasheed can prove a prima facie case of discrimination based on race because he applied for the job of fitness instructor, was qualified and was not called for an interview.
B. Rasheed’s first name may have been the source for discrimination based on the perception of race.
C. Rasheed cannot prove a prima facie case of discrimination based on race unless he fails to get the job after the interview.
D. Rasheed’s first name may have been the source for discrimination based on the perception of race but only if he had a typical black last name.
Difficulty: 2 Medium
Essay Questions
- (p. 282)Describe an employer’s best approach to avoiding liability for racial harassment in the workplace.
The employer should communicate to all employees that such harassment is not permitted and will not be tolerated or condoned in the workplace. In addition, the employer should have a meaningful mechanism for learning when such behavior is occurring, take all complaints seriously, investigate all complaints, and, if necessary, take immediate corrective action.
Difficulty: 1 Easy
- (p. 282, 287)The Inter-Pacific Railroad employs Francisco McGregor, a Hispanic man, as a supervisory conductor on its commuter trains. Except for one white woman, all of the other supervisory conductors employed by Inter-Pacific were black men. Francisco’s Spanish nickname is “Paco.” The other supervisor conductors referred to Francisco as “Taco.” They used racial slurs, such as “beanbag,” when talking about him to other employees. Francisco complained to the senior trainmaster and threatened to file a claim with EEOC. What would you suggest the trainmaster do to address Francisco’s concerns and prevent him from filing a claim with the EEOC?
The students’ answers will vary; however, a good answer should include the following:
(1) Start an investigation immediately.
(2) Take the allegations of race discrimination seriously.
(3) Reprimand the employees involved in the discrimination.
(4) Reiterate that the company will not tolerate race discrimination.
(5) Provide additional training to make sure that the employers are aware of what type of behavior is prohibited.
Difficulty: 2 Medium
- (p. 268)Section 15 of the EEOC’s Compliance Manual, on “Race and Color Discrimination” provides guidance on analyzing charges of race and color discrimination under Title VII of the Civil Rights Act of 1964. It provides eight categories that encompass race discrimination.
Discuss at least four of them and give an example for each.
- Employment discrimination because of racial or ethnic ancestry. Discrimination against a person because of his or her ancestry can violate Title VII’s prohibition against race discrimination. Sometimes this overlaps with national origin, such as discrimination because the person comes from a particular country or is a descendant of people from that country. An example of racial ancestry is Asian.
2. Employment discrimination based on a person’s physical characteristics associated with race, such as a person’s color, hair, facial features, height, and weight. An example of this would be slanted eyes, so that making fun of a person on that basis would be racial harassment discrimination.
3. Race-linked Illness: Some illnesses are more prevalent among certain races. An example is sickle cell anemia, a genetically-transmitted disease, which occurs more frequently among black persons of African descent. An employer who had policies that screened out persons with such an illnesses might be discriminating based on race. If the employer applies facially neutral standards to exclude treatment for conditions or risks that disproportionately affect employees on the basis of race or ethnicity, the employer must show that the standards are based on generally accepted medical criteria.
4. Title VII prohibits employment discrimination against a person because of cultural characteristics often linked to race or ethnicity, such as a person’s name, cultural dress and grooming practices, or accent or manner of speech. For example, an employment decision based on a person having a so-called “Black accent,” violates Title VII if the accent or manner of speech does not materially interfere with the ability to perform job duties.
5. Employment discrimination against an individual based on a belief that the individual is a member of a particular racial group, regardless of how the individual identifies himself. Discrimination against an individual based on a perception of his or her race violates Title VII even if that perception is wrong. Therefore, if a person is discriminated against because they are considered to be of a particular racial group that is discrimination. Such discrimination might occur if a person is multi-racial.
6. Employment discrimination against an individual because of his/her association with someone of a particular race. For example, it is unlawful to discriminate against a white person because he or she is married to an African American or has a multiracial child, or because he or she maintains friendships or otherwise associates with persons of a certain race.
7. A subgroup of persons in a racial group because they have certain attributes in addition to their race. Thus, for example, it would violate Title VII for an employer to reject black women with preschool age children, while not rejecting other women with preschool age children.
8. Title VII prohibits race discrimination against all persons, including Caucasians. For example, an employer could not decide not to hire a white person in order to please a customer
base that was largely black or Asian.
Difficulty: 3 Hard
- (p. 282)Marion Pham is a nurse of Vietnamese ancestry. The staff of the ward in which she has worked for many years at the Astral Hospital Center is very culturally diverse. Although no one has ever demonstrated overt hostility toward her because of her race or color, she has noticed that over the years, it is usually the Asian employees who are made the brunt of practical jokes or ridiculed. At one time or another, she has observed just about every employee on the ward, including other Asian staff members, as well as the head nurse, engage in such behavior. Each time this happens, Marion experiences a strong sense of hurt and ostracism. Otherwise, everyone on the ward is helpful and courteous to her and she is frequently asked to participate in off-work social activities with coworkers. Is this situation at Astral legally actionable, on the basis of racial harassment?
In order for activities in the workplace to rise to the level of actionable racial harassment, they must be sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. A determination of severe or pervasive is made on the basis of the frequency and gravity of the incidents. If they occur frequently enough that they can be deemed to be a part of the working environment, and if they are severe enough to impair a reasonable employee’s ability to perform his or her job, then racial discrimination is probably occurring. If the practical jokes and ridicule were frequent enough, and had a significant enough effect on Marion that she was prevented from effectively performing her job, then the situation would probably be actionable. Moreover, an inference may be drawn from the particular circumstances that the treatment was racially motivated even if the practical jokes or ridicule did not contain any reference to race. The fact that other Asian staff members engaged in such self-deprecating behavior does not mean that Marion did not experience harassment.
Difficulty: 2 Medium
Chapter 07
National Origin Discrimination
True / False Questions
- (p. 310)EEOC created a special classification, “Code Z”, to designate complaints from undocumented workers regarding workplace abuses.
FALSE
Difficulty: 2 Medium
- (p. 316)Under Title VII it is always illegal to discriminate against an employee based on his or her status as an alien or because the employee is not a U.S. citizen.
FALSE
Difficulty: 2 Medium
- (p. 318)IRCA sets forth civil and criminal penalties for knowingly hiring illegal aliens.
TRUE
Difficulty: 1 Easy
- (p. 319)42 U.S.C. sec. 1981 does not apply to claims for national origin discrimination.
FALSE
Difficulty: 2 Medium
- (p. 322)The Guidelines on Discrimination Because of Religion or National Origin impose an obligation on federal agencies and government contractors to take affirmative steps to prevent discrimination against Asians, Native Americans, Blacks and Spanish-surnamed Americans.
FALSE
Difficulty: 2 Medium
- (p. 304, 332)To be successful in a claim for national origin discrimination under Title VII, the harassment must be based on the employee’s actual national origin and not his perceived national origin.
FALSE
Difficulty: 1 Easy
- (p. 315)Citizenship and national origin are synonymous.
FALSE
Difficulty: 1 Easy
- (p. 318)A professor who speaks fluent English may be fired if his or her accent is so severe that students cannot understand what the professor is saying.
TRUE
Difficulty: 2 Medium
- (p. 313)While Title VII prohibits employment discrimination based on national origin, it also makes it unlawful for U.S. employers to hire aliens illegally in the U.S.
FALSE
Difficulty: 2 Medium
- (p. 316)An employee will have a claim for national origin discrimination if she or he is treated differently at work because he or she is married to a person of a certain ethnic heritage.
TRUE
Difficulty: 2 Medium
- (p. 319)In the case of Garcia v. Spun Steak, the court followed the EEOC’s Guidelines and held that English-only rules in the workplace violate Title VII.
FALSE
Difficulty: 2 Medium
- (p. 325)Under the IRCA, employers with 4 through 14 employees are prohibited from discriminating on the basis of national origin.
TRUE
Difficulty: 1 Easy
Multiple Choice Questions
- (p. 306)EEOC guidelines state that employers can avoid liability for national origin discrimination after implementing an “English-only” rule if the employer can show that it is necessary:
A. for communication with customers who only speak English.
B. to promote efficiency for cooperative work assignments.
C. to promote safety in an emergency.
D. All of the choices are correct.
Difficulty: 1 Easy
- (p. 309)Inez Garcia was born in Portland, Oregon. Her mother is from Italy and Jewish. Her father is Mexican. Under the Guidelines on Discrimination Because of Religion or National Origin, the federal agency for which she works must take affirmative steps to ensure that she is not discriminated against on the basis of her:I. Mexican ancestry.
II Italian ancestry.
III. Jewish ancestry.
A. I only
B. I and II
C. II and III
D. I, II, and III
Difficulty: 3 Hard
- (p. 304)In order to avoid liability, under Title VII, after an employee has proven a prima facie case of disparate treatment national origin discrimination, an employer must prove the following defense:
A. a Bona Fide Occupational Qualification.
B. a legitimate nondiscriminatory reason.
C. a political function exception.
D. a business necessity.
Difficulty: 3 Hard
- (p. 311)The prohibition against national origin discrimination in Title VII is subject to the political function exception which
A. disqualifies a naturalized U.S. citizen from running for President of the United States.
B. allows employers to discriminate against individuals who are illegal aliens.
C. allows discrimination against a non-citizen when the position is intimately related to the process of democratic self-government.
D. 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.
Difficulty: 3 Hard
- (p. 307)Carlos Alverez, a Mexican American, is 5 feet 4½ inches tall, which is the average height for Spanish-surnamed men. He applied for a job as a mechanic with Quick Lube. He was not hired because he did not meet the minimum height requirement for the position, which was 5 feet 8 inches.
A. Carlos has a claim for national origin discrimination under Title VII if he can show that the height requirement has a disparate impact on Spanish-surnamed Americans.
B. Carlos has a claim for national origin discrimination under the Immigration Reform and Control Act because he is a member of a protected class.
C. Carlos does not have a claim for national origin discrimination because he is a U.S. citizen.
D. Carlos does not have a claim for national origin discrimination because Quick Lube applied the height requirement to all applicants.
Difficulty: 2 Medium
- (p. 312)A claimant must prove discriminatory intent in order to be successful with a claim of national origin discrimination under:
A. Title VII.
B. IRCA.
C. 42 U.S.C. sec. 1981.
D. FLSA.
Difficulty: 2 Medium
- (p. 304)City Hospital employed 5 workers of Middle Eastern descent in their maintenance department. The maintenance supervisor assigned all of them to clean the morgue and the basement. These employees were not allowed to work on any other floors or come into contact with patients.
A. City Hospital will be liable for national origin discrimination based on the Guidelines on Discrimination Because of Religion or National Origin.
B. City Hospital will be liable for national origin discrimination because it illegally segregated the employees based on their national origin.
C. City Hospital will not be liable for national origin discrimination because the FLSA allows employers to discriminate in favor of U.S. citizens.
D. City Hospital will not be liable for national origin discrimination based on the Court’s ruling in Garcia v. Spun Steak Co.
Difficulty: 2 Medium
- (p. 308)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.
A. Tang has a claim for harassment based on national origin under Title VII.
B. 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.
C. 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.
D. Tang does not have a claim for harassment based on national origin because he did not report the first incident.
Difficulty: 2 Medium
- (p. 304, 308)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 condoned this behavior by assigning her to tasks in the stockroom when previously she assisted customers in the computer department.
A. Melanie does not have a claim for national origin discrimination because she is not a member of a protected class.
B. 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.
C. Melanie does not have a claim for national origin discrimination because she has only been employed for 3 weeks.
D. Melanie does have a claim for national origin discrimination because the behavior of her co-workers and supervisor is neither severe nor pervasive.
Difficulty: 3 Hard
- (p. 311)The Immigration Reform and Control Act (IRCA) makes it illegal to
A. hire authorized aliens or refer authorized aliens for employment.
B. discriminate in favor of American citizens if there is an equally qualified authorized alien.
C. continue to employ an alien in the U.S. knowing that he/she has become an unauthorized alien.
D. to hire an unauthorized alien if the employer is a federal contractor.
Difficulty: 2 Medium
- (p. 319)Muhammad is an undocumented worker employed by Thompson Manufacturing. Muhammad is routinely harassed because he is from Iraq. His supervisors and coworkers often refer to him as a “terrorist” and call him “Taliban” or “Osama Bin Laden”. He complains to the management about the harassment and the next day his supervisor calls INS and reports Muhammad as an illegal alien.
A. Muhammad is not protected under Title VII.
B. Muhammad has a claim under Title VII for unlawful national origin discrimination.
C. Muhammad has a claim under Title VII for unlawful retaliation.
D. Both B and C.
Difficulty: 2 Medium
- (p. 312)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.
A. Luis can file a claim for national origin discrimination under Title VII.
B. Luis can file a claim for national origin discrimination under the IRCA.
C. Luis cannot file a claim for national origin discrimination because he is still employed and there was no adverse employment action.
D. None of the choices are correct.
Difficulty: 2 Medium
- (p. 303)Joe is a white male and was laid off during a reduction in force. His employer chose to let him go in order to create a balanced work force by retaining employees of other national origins.
A. Joe does not have a claim for national origin discrimination because he is not a member of a protected class as required by Title VII.
B. Joe does have a claim for national origin discrimination under Title VII.
C. Joe can file a claim for discrimination based on race because he was discriminated against because he is white.
D. None of the choices are correct.
Difficulty: 2 Medium
- (p. 312)The main difference between a claimant’s case under Title VII and under IRCA is
A. under IRCA, a claimant must prove discriminatory intent.
B. under Title VII, the claimant must prove discriminatory intent.
C. Both A and B.
D. Neither A nor B.
Difficulty: 2 Medium
- (p. 303)Jiao, a Chinese American woman, and Sophia, a white American woman, applied for jobs at Golden Enterprises. Jiao was not hired. In order to prevail on a claim for national origin discrimination under Title VII, Jiao must prove
A. that Sophia was not qualified for the job.
B. that Golden Enterprises cannot articulate a legitimate nondiscriminatory reason for hiring Sophia.
C. that Golden Enterprises has at least 10 employees.
D. that she was qualified for the job.
Difficulty: 3 Hard
- (p. 317)The term “green card” refers to
A. a Resident Alien card.
B. a Permanent Resident card.
C. an Alien Registration Receipt card.
D. All of the choices are correct.
Difficulty: 2 Medium
- (p. 313)Under the IRCA, employers
A. are required to verify the identity and authorization to work in the United States for all newly hired employees.
B. can fire an alien who fails to produce proof of employment eligibility within 10 days from the date employment begins.
C. must fire aliens who initially provide false employment eligibility documents and later furnish satisfactory documentation of employment eligibility.
D. All of the choices are correct.
Difficulty: 2 Medium
- (p. 313)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.:
A. Nesbitt’s continued employment of Francois cannot constitute a violation of IRCA.
B. Nesbitt’s continued employment of Francois constitutes national origin discrimination against individuals with a U.S. national origin.
C. Nesbitt’s continued employment of Francois will constitute a violation of IRCA if Nesbitt knows that Francois is now an unauthorized alien.
D. Nesbitt’s continued employment of Francois will constitute prima facie evidence of criminal liability under IRCA.
Difficulty: 3 Hard
- (p. 327)According to Garcia v. Spun Steak, facially neutral workplace policy will not cause a disparate impact with respect to a privilege of employment on the basis of national origin if:
A. the policy can be easily complied with and noncompliance is purely a matter of an immutable characteristic.
B. the policy can be easily complied with but noncompliance is not a matter of individual preference.
C. the policy can be easily complied with.
D. the policy can be easily complied with and noncompliance is purely a matter of individual preference.
Difficulty: 3 Hard
- (p. 333)In Espinoza v. Farah Manufacturing Co., the U.S. Supreme Court held that:
A. Congress did not intend the term “national origin” to mean citizenship requirements.
B. Congress intended the term “national origin” to mean citizenship requirements.
C. Congress intended the term “national origin” to mean the country in which your grandfather was a citizen.
D. Congress intended the term “national origin” to mean race and ethnicity.
Difficulty: 2 Medium
- (p. 312)An employer is permitted to discriminate against individuals, in certain instances, on the basis of citizenship, by:
A. the Immigration Reform and Control Act.
B. the Office of Federal Contract Compliance Programs.
C. Title VII of the Civil Rights Act of 1964.
D. Title VII of the Civil Rights Act of 1991.
Difficulty: 2 Medium
- (p. 304)Smith issues a workplace policy stating that any employee who is married to anyone from any Latin American country will be ineligible for promotion to line supervisor level. This policy:
A. does not violate Title VII because it will result in discrimination against individuals who are connected to individuals of a specific national origin.
B. violates Title VII because it will result in discrimination against individuals who are connected to individuals of a specific national origin.
C. does not violate Title VII because its effect is not triggered by the national origin of the individuals it affects.
D. violates Title VII because being bilingual is an immutable characteristic.
Difficulty: 3 Hard
- (p. 327)An English-only policy in the workplace:
A. will necessarily lead to an abusive environment for those whose primary language is not English.
B. does not violate Title VII as a matter of law.
C. may lead to an abusive environment for those whose primary language is not English.
D. is designed to deny non-English speaking individuals their protected right to express their cultural heritage.
Difficulty: 2 Medium
- (p. 306)If an employer enforces an English-only policy in all areas of the workplace and at all times, including break times and other free time,
A. the policy is presumptively discriminatory according to EEOC.
B. the employer is safer from a charge of national origin discrimination than an employer who only enforces the policy in certain areas and at certain times.
C. the employer impermissibly denies non-English speaking individuals their Title VII-protected right to express their cultural heritage.
D. the employer has no potential liability because all employees are required to speak English.
Difficulty: 2 Medium
- (p. 333)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:
A. is expressly exempt from Title VII, by the Guidelines on Discrimination Because of Religion or National Origin.
B. impermissibly denies individuals their Title VII-protected right to express their cultural heritage.
C. does not, as a matter of law, violate Title VII.
D. could be found to discriminate on the basis of national origin resulting in disparate impact discrimination in violation of Title VII.
Difficulty: 3 Hard
- (p. 304)Margaret comes to work in clothes highly reflective of the national origin of her ancestors, and which also happen to violate the dress code of the White City Dairy. She is told to return home, and change into clothing that comports with the dress code.
A. Margaret has a claim under Title VII for national origin discrimination because she only wears outfits reflective of the national origin of her ancestors on holidays.
B. White City can defend the dress code if customers or co-workers are “uncomfortable” with how Margaret looks when she wears those clothes.
C. White City can defend the dress code if Margaret’s national heritage outfit poses a safety hazard.
D. White City can defend the dress code if it allows other employees to dress casually at work.
Difficulty: 2 Medium
- (p. 315)An employee who produces a United States passport as proof of citizenship must also produce which of the following to establish employment eligibility:
A. a U.S. social security card issued by the Social Security Administration.
B. an original or certified copy of a birth certificate from a state county or municipality of the United States.
C. a U.S. citizen ID card (INS Form I-179).
D. None of the choices are correct.
Difficulty: 1 Easy
- (p. 303)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.
A. 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.
B. Omar has no basis for a claim under Title VII because he was hired as a bus driver.
C. Omar can claim national origin discrimination under Title VII because he was treated differently than other bus drivers based on his Middle Eastern descent.
D. Omar can claim national origin discrimination under Title VII because his employer had difficulty pronouncing his name properly.
Difficulty: 1 Easy
- (p. 304)Himiona wants to be a deputy sheriff in Outer Maple Grove County. Himiona, whose family is from New Zealand, has Maori ancestors. To honor his heritage, Himiona has a small moko tattoo across his cheeks and nose. Traditionally, moko was used to differentiate between and within Maori social classes, including stating regional or tribal affiliation based on the patterns and placement of the moko. The sheriff’s department prohibits its deputy sheriffs from wearing visible tattoos. Himiona is told that he will need to remove his moko before he can apply to be a deputy sheriff.
A. Himiona will prevail on a claim for national origin discrimination under Title VII because his tattoo honors his heritage.
B. Outer Grove can defend against Himiona’s claim because a law enforcement agency needs to have a uniform appearance and a dress code policy is permissible under Title VII as long as it is enforced on an equal basis.
C. Outer Grove can defend against Himiona’s claim because a tattoo is not immutable.
D. Himiona will prevail on a claim for national origin discrimination under Title VII because his tattoo is small.
Difficulty: 3 Hard
- (p. 313)Thomas hires Desai, an alien, to work for his firm. When he hired Desai, he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S. The documents were clever forgeries, and Desai is actually an illegal alien.
A. Thomas cannot raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S., and that the documents were clever forgeries as an affirmative defense to liability under IRCA.
B. Thomas can raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S., and that the documents were clever forgeries as an affirmative defense to liability under IRCA.
C. Thomas can raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S., and that the documents were clever forgeries as an affirmative defense to liability under IRCA, only if he can also show that he relied, in good faith, on the genuineness of the documents.
D. Thomas is liable for Desai’s subsequent loss of the right to work if the right to work existed at the time of the hire.
Difficulty: 3 Hard
- (p. 304)Henri runs a French restaurant. He wants his diners to have an authentic culinary experience. Henri can avoid a claim of national origin discrimination and still screen his wait staff by requiring that
A. an applicant speak French well, or have knowledge of French cuisine.
B. an applicant have a French passport.
C. an applicant see all 10 Pink Panther films.
D. an applicant have at least one cousin, parent or grandparent who comes from France.
Difficulty: 2 Medium
- (p. 308)Phillip is a senior citizen from the neighborhood who is allowed to visit the Serenity Senior Center even though he is neither a paying resident nor an employee. Every week, Phillip yells derogatory comments about Asians to Lastri, an Indonesian employee. He pretends to lose his balance and falls against her. He tells the residents that she is not qualified for her job and needs to be more careful around senior citizens. Lastri complains to her supervisor who tells her to ignore Phillip because he is just a strange old man. Lastri files a complaint of national origin discrimination.
A. Serenity has no obligation to Lastri regarding Phillip because he is neither a customer nor an employee.
B. Serenity is liable to Lastri for Phillip’s harassment because it took no action to stop it.
C. Serenity is not liable to Lastri because Phillip is a strange old man.
D. Serenity is not liable to Lastri because Phillip’s behavior is neither severe nor pervasive.
Difficulty: 2 Medium
- (p. 312)Rex University has an opening for a reference librarian. Adjoa has a masters degree in library science from the University of Ghana. She is a Ghanaian citizen. She taught library science for 10 years at a university in South Africa. As a permanent resident of the United States, she is authorized to work in the US. Adjoa applies for the job. Theresa, an American citizen also applies for the job. She has a college degree in English and 2 years experience as a library assistant at a university located not far from Rex. The selecting official hires Theresa based on her experience working in a university library and a belief that Theresa will be a more stable employee because she is an American citizen.
A. Adjoa has no basis for a complaint under IRCA because Theresa is qualified for the job.
B. Adjoa has a basis for a complaint under Title VII because she was denied the job based on her citizenship.
C. Adjoa has a basis for a complaint under Title VII and IRCA because she was denied the job based on her citizenship.
D. Adjoa has a basis for a complaint under IRCA because she was denied the job based on her citizenship.
Difficulty: 3 Hard
- (p. 316)Under ICRA, if an employee gains employment with false documentation but then later obtains proper work authorization
A. the employer must notify the Department of Homeland Security so that the employee can be prosecuted for perjury.
B. the employer should correct the relevant information on the Employment Eligibility Verification Form (Form I-9).
C. the employer must fire the employee for misconduct based on falsification of the employment application.
D. the employer must notify the Department of Homeland Security so that the employee can be deported.
Difficulty: 1 Easy
- (p. 304)Chenguang Lee, a female of Chinese national origin, was employed as a sales representative at Monarch Recyclers International. Her supervisor, the Vice President for Sales, Jim Oldham, persistently referred to her as “Charlene” instead of “Chenguang.” Although she objected and asked to be called by her proper name, Oldham continued to call her “Charlene” for over a year. He told Chenguang that an American name would increase her chances for success and would be more acceptable to Monarch’s clientele. He referred to her as “Charlene” over the telephone, during marketing meetings and in emails. Chenguang brings a complaint under Title VII and §1981.
A. Monarch will not be liable to Chenguang because the use of “Charlene” is neither a racial epithet nor a description of her physical ethnic traits.
B. Monarch will be liable to Chenguang because ethnic characteristics go beyond skin color and other physical traits and can include names.
C. Monarch will not be liable to Chenguang because Oldham did not intend his use of “Charlene” to be derogatory of her national origin.
D. Monarch will not be liable to Chenguang because Charlene is a popular American name.
Difficulty: 3 Hard
- (p. 309-310)The Corey’s Cupcakes operates a retail store for baked goods and provides catering services, primarily in the neighborhood where it is located. It has 15 employees, including bakers, sales staff, drivers and office personnel. Twelve of Corey’s employees are Irish or Italian and Catholic. Under the Guidelines on Discrimination Because of Religion or National Origin, Corey’s has an affirmative duty to engage in outreach and positive recruitment activities, such as
A. the development of procedures to ensure equal employment opportunity.
B. establish meaningful contacts with religious and ethnic organizations to improve its recruiting.
C. use religious and ethnic advertising for employment advertising.
D. None of the choices are correct.
Difficulty: 2 Medium
Essay Questions
- (p. 305, 327)Morales, who speaks only English, owns and operates a large warehouse. Most of his workers speak only English, and he requires that all of his employees speak English, and that all communication in the workplace, which involves the performance of any job, be done in English. A number of non-English speaking workers complain about the policy on the grounds that they can converse in their native languages and still get the job done. If these non-English speaking employees bring a claim of national origin discrimination on the basis of this policy, what is Morales’ best defense? Explain.
Morales’ best defense is to demonstrate that the policy is a business necessity. This can be done, regardless of whether the claim is brought under Title VII or IRCA, and requires that the employer demonstrate that the policy is reasonably necessary for the running of the business. Needs, such as the ability of all employees to understand what all other employees might be saying, in order to accomplish their tasks and preserve workplace safety have been found to be legitimate, as reasonably necessary.
Difficulty: 2 Medium
- (p. 304)Franklin, a U.S. born individual of English ancestry, works for the China Lights restaurant, which is owned and operated by two U.S. citizens of Chinese ancestry. Franklin’s coworkers Jin Pan and Dongping Jiang, also U.S. citizens of Chinese ancestry, are late for work virtually everyday, but no action is take against them for this, even though the owners are aware of Jin and Dongping’s tardiness, and even though there is a stated workplace policy that an employee reporting to work late, more than once in a sixty day period will be dismissed. Franklin reports to work late twice, 55 days apart, and he is dismissed. Explain whether Franklin has the basis for a national origin discrimination claim.
Franklin does have the basis of a claim for national origin discrimination. Title VII protects all individuals against national origin discrimination, even if the country of an individual’s origin is the United States. The strict enforcement of the policy against Franklin, who is of English ancestry, as compared to the complete lack of enforcement of the policy against individuals of Chinese ancestry, when added to the Chinese ancestry of the owners of the restaurant, points strongly to a case of disparate treatment on the basis of Franklin’s national origin.
Difficulty: 3 Hard
- (p. 303)Distinguish between national origin and citizenship.
The term “national origin” refers to the country of origin of an individual or her ancestors, or the physical, cultural, or linguistic characteristics of an origin group. The term “citizenship” refers to membership in the group of individuals having the legal right to live within and enjoy the full civil rights of a particular country.
Difficulty: 2 Medium
- (p. 312)Paku is an American of Indonesian ancestry. He wants to work for Quality Movers as a mover. Paku was a mixed martial arts fighter for five years and is very strong. However, when he applies for a job at Quality, he is told that he is too short because all employees who work as movers must be at least 5’7″ and he is 5’4”. Quality is a family business run by Frank, his son Randy and their wives who staff the office. They employ 6 other movers. Discuss whether Paku can bring a case under Title VII or another law? What does he have to prove to prevail?
Paku cannot bring a case under Title VII because Quality employs less than 15 employees. Paku may be able to bring a case under the Immigration Reform and Control Act (IRCA) because it prohibits discrimination based on national origin and applies to employers with fewer than 14 employees. Paku would need to show that he applied for the job, was qualified and that the height requirement has a disparate impact on Indonesians and is not related to the ability to do the job. However, in order to prevail under IRCA, unlike Title VII, Paku has to show that the employer had a discriminatory intent.
Difficulty: 2 Medium
