BUL 3130 MIDTERM EXAM 1
QUESTIONS WITH VERIFIED
ANSWERS
George could recover regardless of his gender. - Answer-George claims to have been
sexually harassed by his supervisor, Harry. The most likely outcome of an investigation
is:
-George will never be able to recover because he and Harry are both men.
-George will never be able to recover because he is not part of a protected class.
-George could recover regardless of his gender.
-George could recover, but only if he could prove that Harry did not realize George was
a man.
false - Answer-T or F? An employee who has been unfairly discriminated that either file
a complaint through the EEOC or in local court.
John might be able to recover if he can demonstrate that he was treated unfairly
because of his race. - Answer-John, a Mexican-American employee, is fired from his job
for using foul-language to a customer. During litigation, it is revealed that in the meeting
where the decision to terminate the employee was made, the employee's supervisor
stated "John should be fired because he acted inappropriately to a customer." Another
supervisor (who does not supervise John) said "John must go because he doesn't fit in
culturally with the rest of us". If John brings a discrimination suit against the company
that fired him, the most likely outcome is:
-John will not be able to recover because he was not discriminated against.
-John will not be able to recover because his company had a legitimate reason to fire
him.
-John might be able to recover if he can demonstrate that he was treated unfairly
because of his race.
-John might be able to recover because his race had a disparate impact on the
situation.
strictly liable - Answer-If a supervisor harasses a company's employee, the company is
if a tangible employment action is taken against the victim.
supervisor - Answer-A is an employee of a company who is
empowered by the company to take tangible employment actions against other
employees.
-employer
-coworker
-supervisor
-manager
,reasonably accommodate - Answer-An employer must the religious
observances, practices, or beliefs of its employees, provided that doing so would not
cause an undue hardship on the employer.
-always accommodate
-absolutely accommodate
-never accommodate
-reasonably accommodate
false - Answer-T or F? In a hostile work environment case, courts are prohibited from
taking into consideration evidence of prior acts of discrimination; the case at hand must
be analyzed on its merits alone.
- Answer-A police academy requires applicants to be able to shoot with 80% accuracy.
Of the 200 people who have applied, 75% of men passed the shooting test, while only
35% of women passed. What is the most likely outcome if a woman brings a
discrimination claim?
For example, for Muslim employees, employers could be reasonably accommodating by
allowing longer or extra 15 minutes breaks for the employees to pray.An unacceptable
request by an employee for religious observance that is not reasonable is requesting 30
days off of work for Ramadan. (5/5) - Answer-Give an example of a reasonable
accommodation an employer could give an employee for religious observance.
Give an example of a request by an employee for religious observance that would not
be reasonable.
Plessy v. Ferguson - Answer-Which Supreme Court case is most well known for holding
that states can maintain separate facilities for different groups, as long as those facilities
are equal?
-Brown v. Board of Education of Topeka
-Engel v. Vitale
-San Antonio Independent School District v. Rodriguez
-Plessy v. Ferguson
Brown v. Board of Education of Topeka - Answer-Which Supreme Court case
overturned Plessy v. Ferguson, and the doctrine of "separate but equal"?
-Brown v. Board of Education of Topeka
-Marbury v. Madison
-Wisconsin v. Yoder
-Plessy v. Fergusion, and the doctrine of "separate but equal" is technically still good
law
true
(This power is reserved to the federal government (via the Commerce Clause). -
Answer-State governments do not have the power to regulate commerce with foreign
nations. T or F?
true - Answer-T or F? The Supremacy Clause establishes that state and local laws that
conflict with the US Constitution and federal treaties are unconstitutional.
rational basis review - Answer-Which level of review is the least stringent?
, strict scrutiny - Answer-The following level of scrutiny would be applied to a case
involving racial discrimination.
-Rational Basis Review
-Intermediate Scrutiny
-Strict Scrutiny
-Any of the above
Rational Basis Review - Answer-An tax on the popular streaming service Netflix, if
challenged, would likely be subject to which level of scrutiny?
-Rational Basis Review
-Intermediate Scrutiny
-Strict Scrutiny
QUESTIONS WITH VERIFIED
ANSWERS
George could recover regardless of his gender. - Answer-George claims to have been
sexually harassed by his supervisor, Harry. The most likely outcome of an investigation
is:
-George will never be able to recover because he and Harry are both men.
-George will never be able to recover because he is not part of a protected class.
-George could recover regardless of his gender.
-George could recover, but only if he could prove that Harry did not realize George was
a man.
false - Answer-T or F? An employee who has been unfairly discriminated that either file
a complaint through the EEOC or in local court.
John might be able to recover if he can demonstrate that he was treated unfairly
because of his race. - Answer-John, a Mexican-American employee, is fired from his job
for using foul-language to a customer. During litigation, it is revealed that in the meeting
where the decision to terminate the employee was made, the employee's supervisor
stated "John should be fired because he acted inappropriately to a customer." Another
supervisor (who does not supervise John) said "John must go because he doesn't fit in
culturally with the rest of us". If John brings a discrimination suit against the company
that fired him, the most likely outcome is:
-John will not be able to recover because he was not discriminated against.
-John will not be able to recover because his company had a legitimate reason to fire
him.
-John might be able to recover if he can demonstrate that he was treated unfairly
because of his race.
-John might be able to recover because his race had a disparate impact on the
situation.
strictly liable - Answer-If a supervisor harasses a company's employee, the company is
if a tangible employment action is taken against the victim.
supervisor - Answer-A is an employee of a company who is
empowered by the company to take tangible employment actions against other
employees.
-employer
-coworker
-supervisor
-manager
,reasonably accommodate - Answer-An employer must the religious
observances, practices, or beliefs of its employees, provided that doing so would not
cause an undue hardship on the employer.
-always accommodate
-absolutely accommodate
-never accommodate
-reasonably accommodate
false - Answer-T or F? In a hostile work environment case, courts are prohibited from
taking into consideration evidence of prior acts of discrimination; the case at hand must
be analyzed on its merits alone.
- Answer-A police academy requires applicants to be able to shoot with 80% accuracy.
Of the 200 people who have applied, 75% of men passed the shooting test, while only
35% of women passed. What is the most likely outcome if a woman brings a
discrimination claim?
For example, for Muslim employees, employers could be reasonably accommodating by
allowing longer or extra 15 minutes breaks for the employees to pray.An unacceptable
request by an employee for religious observance that is not reasonable is requesting 30
days off of work for Ramadan. (5/5) - Answer-Give an example of a reasonable
accommodation an employer could give an employee for religious observance.
Give an example of a request by an employee for religious observance that would not
be reasonable.
Plessy v. Ferguson - Answer-Which Supreme Court case is most well known for holding
that states can maintain separate facilities for different groups, as long as those facilities
are equal?
-Brown v. Board of Education of Topeka
-Engel v. Vitale
-San Antonio Independent School District v. Rodriguez
-Plessy v. Ferguson
Brown v. Board of Education of Topeka - Answer-Which Supreme Court case
overturned Plessy v. Ferguson, and the doctrine of "separate but equal"?
-Brown v. Board of Education of Topeka
-Marbury v. Madison
-Wisconsin v. Yoder
-Plessy v. Fergusion, and the doctrine of "separate but equal" is technically still good
law
true
(This power is reserved to the federal government (via the Commerce Clause). -
Answer-State governments do not have the power to regulate commerce with foreign
nations. T or F?
true - Answer-T or F? The Supremacy Clause establishes that state and local laws that
conflict with the US Constitution and federal treaties are unconstitutional.
rational basis review - Answer-Which level of review is the least stringent?
, strict scrutiny - Answer-The following level of scrutiny would be applied to a case
involving racial discrimination.
-Rational Basis Review
-Intermediate Scrutiny
-Strict Scrutiny
-Any of the above
Rational Basis Review - Answer-An tax on the popular streaming service Netflix, if
challenged, would likely be subject to which level of scrutiny?
-Rational Basis Review
-Intermediate Scrutiny
-Strict Scrutiny
