HTM 411 Exam 1 UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
3-1 Sherman v Marriott Hotel Services - CORRECT ANSWER Plaintiff, Sherman
locked out of room and felt discriminated against because he had to have security escort him
to his room because of hotel policy. A white colleague had the same thing happen to her but
did not have to be escorted.
Decision? That the defendant was entitled to summary judgment. The fact that the individual
employee deviated from the policy of the hotel did not prove race discrimination.
The GM should enforce more training so that this does not happen again.
3-2 Hernandez v. Erlenbusch - CORRECT ANSWER Plaintiff Hernandez went to bar
where foreign language was not allowed. If they are to speak foreign language they are to
move to the back and turn the juke box up. Defendant Erlenbusch says this is to reduce
friction between Anglo and Chicano patrons, who disliked foreigners.
The court creatively used the 14th Amendment rather than the Civil Rights Act of 1964
because the Act does not cover bars.
Decision: In favor of plaintiff Hernandez, can't discriminate based on language
3-3 Daniel v Paul - CORRECT ANSWER Defendant Paul's Lake Nixon Club is
advertised as a "Private Club"
Courts rule that it isn't a private club because it isn't selective in choosing it's members or the
amount of members it has
The snack bar met the requirements to be covered by the Act because a substantial amount of
its food moves in interstate commerce.
QUESTIONS AND CORRECT ANSWERS
3-1 Sherman v Marriott Hotel Services - CORRECT ANSWER Plaintiff, Sherman
locked out of room and felt discriminated against because he had to have security escort him
to his room because of hotel policy. A white colleague had the same thing happen to her but
did not have to be escorted.
Decision? That the defendant was entitled to summary judgment. The fact that the individual
employee deviated from the policy of the hotel did not prove race discrimination.
The GM should enforce more training so that this does not happen again.
3-2 Hernandez v. Erlenbusch - CORRECT ANSWER Plaintiff Hernandez went to bar
where foreign language was not allowed. If they are to speak foreign language they are to
move to the back and turn the juke box up. Defendant Erlenbusch says this is to reduce
friction between Anglo and Chicano patrons, who disliked foreigners.
The court creatively used the 14th Amendment rather than the Civil Rights Act of 1964
because the Act does not cover bars.
Decision: In favor of plaintiff Hernandez, can't discriminate based on language
3-3 Daniel v Paul - CORRECT ANSWER Defendant Paul's Lake Nixon Club is
advertised as a "Private Club"
Courts rule that it isn't a private club because it isn't selective in choosing it's members or the
amount of members it has
The snack bar met the requirements to be covered by the Act because a substantial amount of
its food moves in interstate commerce.
