HTM 411 CH-3 ACTUAL EXAM QUESTIONS AND
CORRECT ANSWERS
Why did Congress pass the Civil Rights Act of 1964 (the "Act")? - CORRECT ANSWERS The
Act was to end discrimination in hospitality facilities open to public, thereby reducing the
unfairness and humiliation of racial bigotry as well as eliminating the difficulty and
inconvenience discrimination created for blacks who wished to dine out or travel. The Act was
originally passed outlawed discrimination on the basis of four protected classes - race, color,
religion and national origin- in four types of establishments: hotels, restaurants, entertainment
places and gas stations.
Who is protected by the Act? - CORRECT ANSWERS • Race
• Color
• Religion
• National origin
What facilities are covered by the Act? - CORRECT ANSWERS • Lodging establishments for
transients
• Dining facilities
• Placements of entertainment
• Gasoline stations
What are the criteria that have to be met for an operation that serves food to fall under the
Act? - CORRECT ANSWERS Any restaurant, cafeteria, lunchroom, lunch counter soda
fountain or other facility principally engaged in selling food for consumption on premises ... if its
operation affects interstate commerce
What conditions must be met for a bed-and-breakfast to meet the requirements of the "Mrs.
Murphy's boarding house clause" and be exempt from the Act? - CORRECT
, ANSWERS Boarding house: courts have held that proprietors retain discretion on who
they allow to sleep in their homes
o Must contain 5 or fewer rooms
o Owner must reside in the facility
What is interstate commerce and why is it relevant to the Act? - CORRECT ANSWERS •
Trade or commerce between states.
• Hotels routinely house guest from outside the state - it would be very difficult for a hotel to be
exempt from the Act
Lodging for transients court tests for interstate commerce: - CORRECT ANSWERS • Any
inn, hotel, motel, or other establishment which provides lodging to transient guests (Transient:
people passing through a place for only a brief stay or sojourn)
• Hotels routinely house guest from outside the state - it would be very difficult for a hotel to be
exempt from the Act
Restaurants court tests for interstate commerce: - CORRECT ANSWERS • If a restaurant is
in a location that it can expect to serve intestate guests, the Act applies
• If a restaurant serves a substantial portion of its food that came from another state it is
subject to the Act
Examples of covered restaurants
• Drive-in restaurant, retail-store lunch counters, sandwich shops, lunch counters at golf
courses, food facilities at hospitals, and similar establishments
Exceptions
• Food store such as 7-11, which sells ready-to-eat food but does not provide facilities for on-
premises consumption
• Domino's Pizza which does not sell food primarily for consumption on the premises but rather
is in the business of delivering pizzas to be eaten in customer's home
CORRECT ANSWERS
Why did Congress pass the Civil Rights Act of 1964 (the "Act")? - CORRECT ANSWERS The
Act was to end discrimination in hospitality facilities open to public, thereby reducing the
unfairness and humiliation of racial bigotry as well as eliminating the difficulty and
inconvenience discrimination created for blacks who wished to dine out or travel. The Act was
originally passed outlawed discrimination on the basis of four protected classes - race, color,
religion and national origin- in four types of establishments: hotels, restaurants, entertainment
places and gas stations.
Who is protected by the Act? - CORRECT ANSWERS • Race
• Color
• Religion
• National origin
What facilities are covered by the Act? - CORRECT ANSWERS • Lodging establishments for
transients
• Dining facilities
• Placements of entertainment
• Gasoline stations
What are the criteria that have to be met for an operation that serves food to fall under the
Act? - CORRECT ANSWERS Any restaurant, cafeteria, lunchroom, lunch counter soda
fountain or other facility principally engaged in selling food for consumption on premises ... if its
operation affects interstate commerce
What conditions must be met for a bed-and-breakfast to meet the requirements of the "Mrs.
Murphy's boarding house clause" and be exempt from the Act? - CORRECT
, ANSWERS Boarding house: courts have held that proprietors retain discretion on who
they allow to sleep in their homes
o Must contain 5 or fewer rooms
o Owner must reside in the facility
What is interstate commerce and why is it relevant to the Act? - CORRECT ANSWERS •
Trade or commerce between states.
• Hotels routinely house guest from outside the state - it would be very difficult for a hotel to be
exempt from the Act
Lodging for transients court tests for interstate commerce: - CORRECT ANSWERS • Any
inn, hotel, motel, or other establishment which provides lodging to transient guests (Transient:
people passing through a place for only a brief stay or sojourn)
• Hotels routinely house guest from outside the state - it would be very difficult for a hotel to be
exempt from the Act
Restaurants court tests for interstate commerce: - CORRECT ANSWERS • If a restaurant is
in a location that it can expect to serve intestate guests, the Act applies
• If a restaurant serves a substantial portion of its food that came from another state it is
subject to the Act
Examples of covered restaurants
• Drive-in restaurant, retail-store lunch counters, sandwich shops, lunch counters at golf
courses, food facilities at hospitals, and similar establishments
Exceptions
• Food store such as 7-11, which sells ready-to-eat food but does not provide facilities for on-
premises consumption
• Domino's Pizza which does not sell food primarily for consumption on the premises but rather
is in the business of delivering pizzas to be eaten in customer's home
