Question

31. Wod Chemical excludes black males from certain jobs at its plant, indicating that exposure to one of its chemicals used there has been linked to sickle cell anemia, a disease to which African American men are particularly susceptible. When sued for employment discrimination, Wow may successfully invoke the BFOQ defense. (T/F)

32. Brandy, a middle manager who is a lesbian, tells Martina, a heterosexual, that she will not get a well-deserved raise unless she has sex with her. Martina refuses, and does not receive the raise. Martina brings a claim of sexual harassment under California law against their employer on the grounds of quid pro quo sexual harassment.
A. Martina can proceed on that claim under the Defense of Marriage Act.
B. Martina's claim must be dismissed on the ground that raises in compensation are not an important ‘term or condition of employment’ covered by Title VII.
C. Martina's success will depend on whether she used the Company suggestion box to report the incident.
D. Martina can proceed before the DFEH on a sex harassment claim under state law.

33.   Martina’s claim in the case above would be based on

                A. Disparate treatment

                B. Disparate impact

                C. Breach of contract

                D. All of the above.

34. An employer's duty to accommodate the religious practices of an employee is limited by:

                A)    the concepts of reasonableness and undue hardship.

                B)    the degree to which the religion involved is widely recognized.

                C)    the First and Fourteenth Amendments to the U.S. Constitution.

                D)    expectations and demands by the employee.

                E)    the Edict of Nantes

35.   Eve applies for a clerical job in another city, is interviewed and told the position is hers, pending

completion of a routine background check, which goes smoothly. On day one of the new job, ‘Eve’

presents as Steve, pursuant to a pre-op F->M sex change transformation. Steve is fired immediately.

Under current EEOC Guidance, can Steve bring a successful suit against his new employer, for sex

discrimination under Title VII?

                A)    No, because transgender persons are not covered under Title VII

                B)    No, because only women are protected against sex discrimination under Title VII

                C)    Yes, if he can prove that his firing was because of his F->M conversion.    

        D)   No, since the new company would have to bear the cost of his gender reassignment surgery.

                                E)    No, since it would be an undue burden to determine which bathroom he can use.  

Answer 1

31. Wod Chemical excludes black males from certain jobs at its plant, indicating that exposure to one of its chemicals used there has been linked to sickle cell anemia, a disease to which African American men are particularly susceptible. When sued for employment discrimination, Wow may successfully invoke the BFOQ defense. (T/F)

Ans: True

Explanation: Wod chemicals is excluding black males because the exposure to the chemical can cause sickle cell anemia. The employer policy of exclusion is related to a job hazard and is work-related.

32. Brandy, a middle manager who is a lesbian, tells Martina, a heterosexual, that she will not get a well-deserved raise unless she has sex with her. Martina refuses and does not receive the raise. Martina brings a claim of sexual harassment under California law against their employer on the grounds of quid pro quo sexual harassment.

Ans Option: D. Martina can proceed before the DFEH on a sex harassment claim under state law.

Explanation: Martina can claim sexual harassment and discrimination where she was offered employment benefit in exchange for sexual favors.

33.   Martina’s claim in the case above would be based on

              

Ans: Option A: Disparate treatment

Explanation: Disparate Treatment means treating a person differently and a person singled out and treated differently because of bias is discrimination under Title VII which prohibits employment discrimination based on color, race, age, sex or gender.

34. An employer's duty to accommodate the religious practices of an employee is limited by:

               

Ans: Option: A    the concepts of reasonableness and undue hardship.

Explanation: Under Title VII of civil rights act the employer has to provide reasonable accommodation for the employees for employees religious beliefs.

*"answering first 4 parts of the question"