D432 Combined Sets UPDATED Exam
Questions and CORRECT Answers
Civil Rights Act of 1964 - CORRECT ANSWER - The Civil Rights Act of 1964 is a
landmark piece of civil rights legislation that prohibits discrimination on the basis of race, color,
religion, gender or national origin with regard to a wide range of matters.
The CRA of 1964 passed the House of Representatives by a vote of 290-130. It passed the
Senate in June 1964 by a vote of 73-27 and was then signed into law by President Lyndon
Johnson on July 2, 1964.
First page of the Civil Rights Act of 1964
First page of the Civil Rights Act of 1964
Below are the various sections of the Act:
Title I: Prohibits unequal application of voter registration requirements.
Title II: Prohibits discrimination in hotels, motels, restaurants, theaters, and all other public
accommodations engaged in or effecting interstate commerce.
Title III: Prohibits discrimination by state and local governments with regard to access to public
facilities.
Title IV: Desegregation of public schools.
Title V: Expanded the Civil Rights Commission that was created by the Civil Rights Act of 1957
with additional powers, rules and procedures.
Title VI: Prevents discrimination by government agencies that receive federal funds.
Title VII: Prohibits discrimination by covered employers on the basis of race, color, religion, sex
or national origin. (More on this in the rest of this module).
Title VIII: Required the compilation of voter-registration and voting data in geographic areas
(i.e., the south) specified by the Commission on Civil Rights.
Title IX: Made it easier to move civil rights cases from state courts to federal court.
,Title VII - CORRECT ANSWER - Title VII applies to all companies that employ 15 or
more employees.
Title VII: (a) It shall be an unlawful employment practice for an employer—
to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any
individual with respect to his compensation, terms, conditions, or privileges of employment,
because of such individual's race, color, religion, sex, or national origin; or
to limit, segregate, or classify his employees or applicants for employment in any way which
would deprive or tend to deprive any individual of employment opportunities or otherwise
adversely affect his status as an employee, because of such individual's race, color, religion, sex,
or national origin.
42 USC §2000e-2
Later Amendments to Title VII:
Equal Employment Opportunity Act of 1972: Expanded protection to government employees,
and the EEOC was given greater powers to enforce Title VII by permitting it to commence
lawsuits itself, rather than have to refer cases to the DOJ.
Pregnancy Discrimination Act of 1978: Added discrimination on the basis of pregnancy as a type
of gender discrimination.
Civil Rights Act of 1991: Permits jury trials for plaintiffs seeking compensatory (including
emotional distress) and punitive damages, allows plaintiffs to recover attorney fees, limits the
ability of white employees to bring "reverse discrimination" suits and codified the disparate
impact theory invented by the US Supreme Court in Griggs v. Duke Power Co., (US, 1971).
EEOC issued a regulation in 2012 that added transgender as a type of gender discrimination,
although no US Court of Appeals has agreed with this.
Example Case:
With regard to limiting the ability of white employees to bring "reverse discrimination" suits, in
1974, the Jefferson County, Alabama Personnel Board signed a consent decree that
,Title VII: What is Prohibited? - CORRECT ANSWER - Title VII prohibits discrimination
by an employer with regard to:
Hiring & Firing
Promotion
Training
Discipline
Compensation and Benefits
Classification
Other terms or conditions of employment
Note: ANY adverse decision by an employer can be challenged by an employee or applicant if
the decision was based, in any part, on the employee's protected category.
Title VII: Who Must Comply? - CORRECT ANSWER - Title VII applies to:
All private employers with 15 or more employees (for each work day in each of the 20 preceding
weeks)
Unions
Joint labor and management committees making admission, referral, training, and other decisions
Employment agencies
Federal, state, and local governments
Title V11: Who is Covered? - CORRECT ANSWER - Title VII covers all public sector
(government) and private sector (non-government) employees (not independent contractors) and
applicants who are members of a protected class, all levels of employees (i.e., supervisors,
managers, executives, etc.), as well as US citizens employed by US employers located outside
the US. This includes US Permanent resident "employees" employed in the US.
Does Title VII apply to illegal aliens?
US Supreme Court said no, but EEOC says yes.
, US Supreme Court denied back pay to an illegal alien in Hoffman Plastic Compounds, Inc. v.
NLRB (US, 2002).
In response, EEOC says it will no longer ask what the employee's status is when it handles their
discrimination claim.
Who is NOT Covered?
Employees of private employers with fewer than 15 employees.
Non-U.S. citizens employed outside the United States.
Religious institutions with regard to their religious activities ("ministerial exception").
(i.e., a Jewish rabbi could not sue for not being hired to be a priest in a Catholic church)
Employers located near Native American reservations may give preference to hiring Native
Americans.
Members of the Communist party.
Have you completed this item? If so Mark as Complete
Case: Petruska v. Gannon University (3d Cir., 2006) - CORRECT ANSWER - Facts,
Procedural History & Issue:
The plaintiff (female) was a "chaplain" (an administrative position with a theology degree)
employed by the defendant, a private Catholic university.
The plaintiff opposed certain university policies and also alleged gender-based pay inequality for
female employees.
The plaintiff resigned and claimed constructive discharge and gender-based discrimination in
violation of Title VII.
Held: Ministerial exception; Title VII does not apply to the defendant because it would violate
1st Amendment.
Case Dismissed
U.S. citizens employed outside the United States by foreign employers are protected against
workplace discrimination by Title VII of the Civil Rights Act of 1964.
true or false - CORRECT ANSWER - FALSE
Questions and CORRECT Answers
Civil Rights Act of 1964 - CORRECT ANSWER - The Civil Rights Act of 1964 is a
landmark piece of civil rights legislation that prohibits discrimination on the basis of race, color,
religion, gender or national origin with regard to a wide range of matters.
The CRA of 1964 passed the House of Representatives by a vote of 290-130. It passed the
Senate in June 1964 by a vote of 73-27 and was then signed into law by President Lyndon
Johnson on July 2, 1964.
First page of the Civil Rights Act of 1964
First page of the Civil Rights Act of 1964
Below are the various sections of the Act:
Title I: Prohibits unequal application of voter registration requirements.
Title II: Prohibits discrimination in hotels, motels, restaurants, theaters, and all other public
accommodations engaged in or effecting interstate commerce.
Title III: Prohibits discrimination by state and local governments with regard to access to public
facilities.
Title IV: Desegregation of public schools.
Title V: Expanded the Civil Rights Commission that was created by the Civil Rights Act of 1957
with additional powers, rules and procedures.
Title VI: Prevents discrimination by government agencies that receive federal funds.
Title VII: Prohibits discrimination by covered employers on the basis of race, color, religion, sex
or national origin. (More on this in the rest of this module).
Title VIII: Required the compilation of voter-registration and voting data in geographic areas
(i.e., the south) specified by the Commission on Civil Rights.
Title IX: Made it easier to move civil rights cases from state courts to federal court.
,Title VII - CORRECT ANSWER - Title VII applies to all companies that employ 15 or
more employees.
Title VII: (a) It shall be an unlawful employment practice for an employer—
to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any
individual with respect to his compensation, terms, conditions, or privileges of employment,
because of such individual's race, color, religion, sex, or national origin; or
to limit, segregate, or classify his employees or applicants for employment in any way which
would deprive or tend to deprive any individual of employment opportunities or otherwise
adversely affect his status as an employee, because of such individual's race, color, religion, sex,
or national origin.
42 USC §2000e-2
Later Amendments to Title VII:
Equal Employment Opportunity Act of 1972: Expanded protection to government employees,
and the EEOC was given greater powers to enforce Title VII by permitting it to commence
lawsuits itself, rather than have to refer cases to the DOJ.
Pregnancy Discrimination Act of 1978: Added discrimination on the basis of pregnancy as a type
of gender discrimination.
Civil Rights Act of 1991: Permits jury trials for plaintiffs seeking compensatory (including
emotional distress) and punitive damages, allows plaintiffs to recover attorney fees, limits the
ability of white employees to bring "reverse discrimination" suits and codified the disparate
impact theory invented by the US Supreme Court in Griggs v. Duke Power Co., (US, 1971).
EEOC issued a regulation in 2012 that added transgender as a type of gender discrimination,
although no US Court of Appeals has agreed with this.
Example Case:
With regard to limiting the ability of white employees to bring "reverse discrimination" suits, in
1974, the Jefferson County, Alabama Personnel Board signed a consent decree that
,Title VII: What is Prohibited? - CORRECT ANSWER - Title VII prohibits discrimination
by an employer with regard to:
Hiring & Firing
Promotion
Training
Discipline
Compensation and Benefits
Classification
Other terms or conditions of employment
Note: ANY adverse decision by an employer can be challenged by an employee or applicant if
the decision was based, in any part, on the employee's protected category.
Title VII: Who Must Comply? - CORRECT ANSWER - Title VII applies to:
All private employers with 15 or more employees (for each work day in each of the 20 preceding
weeks)
Unions
Joint labor and management committees making admission, referral, training, and other decisions
Employment agencies
Federal, state, and local governments
Title V11: Who is Covered? - CORRECT ANSWER - Title VII covers all public sector
(government) and private sector (non-government) employees (not independent contractors) and
applicants who are members of a protected class, all levels of employees (i.e., supervisors,
managers, executives, etc.), as well as US citizens employed by US employers located outside
the US. This includes US Permanent resident "employees" employed in the US.
Does Title VII apply to illegal aliens?
US Supreme Court said no, but EEOC says yes.
, US Supreme Court denied back pay to an illegal alien in Hoffman Plastic Compounds, Inc. v.
NLRB (US, 2002).
In response, EEOC says it will no longer ask what the employee's status is when it handles their
discrimination claim.
Who is NOT Covered?
Employees of private employers with fewer than 15 employees.
Non-U.S. citizens employed outside the United States.
Religious institutions with regard to their religious activities ("ministerial exception").
(i.e., a Jewish rabbi could not sue for not being hired to be a priest in a Catholic church)
Employers located near Native American reservations may give preference to hiring Native
Americans.
Members of the Communist party.
Have you completed this item? If so Mark as Complete
Case: Petruska v. Gannon University (3d Cir., 2006) - CORRECT ANSWER - Facts,
Procedural History & Issue:
The plaintiff (female) was a "chaplain" (an administrative position with a theology degree)
employed by the defendant, a private Catholic university.
The plaintiff opposed certain university policies and also alleged gender-based pay inequality for
female employees.
The plaintiff resigned and claimed constructive discharge and gender-based discrimination in
violation of Title VII.
Held: Ministerial exception; Title VII does not apply to the defendant because it would violate
1st Amendment.
Case Dismissed
U.S. citizens employed outside the United States by foreign employers are protected against
workplace discrimination by Title VII of the Civil Rights Act of 1964.
true or false - CORRECT ANSWER - FALSE
