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The 1964 Civil Rights Act was passed the year after the historic march on Washington,which was led by the late Rev.Dr.Martin Luther King,Jr.

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Andrew,the Chief Financial Manager of a reputed company,was taken under police custody for interrogation.He was accused of committing a white-collar crime.During the process,some government officers deprived him of his civil rights and immunities as if it were a legitimate part of their duties.As a result,this could be considered a violation of:


A) Section 2-306 of the Uniform Commercial Code.
B) 42 U.S.C. section 1983.
C) the Fair Labor Standards Act.
D) the Equal Employment Opportunity Act.

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B

As part of its hiring process,TE Electronics requires new employees to sign an agreement that requires arbitration in the event of any employment dispute.Jack applied and was hired by TE last summer.On his first day of employment,Jack signed the mandatory arbitration agreement.Jack is an Asian-American,and was recently passed over for promotion.Jack wants to file a charge of discrimination with the EEOC,but his supervisor says he cannot because of the arbitration agreement.Which of the following is true?


A) Jack can file a claim with the EEOC since Title VII does not permit enforcement of the mandatory arbitration agreement.
B) The EEOC can still investigate the matter and take action against TE Electronics, but cannot obtain relief for Jack.
C) The EEOC is not a party to the mandatory arbitration agreement, so it can investigate the claim and can even pursue specific relief for Jack including back pay, reinstatement and damages.
D) With the mandatory arbitration agreement in place, the EEOC cannot do any investigation of Jack's claim.

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To limit their exposure to workplace discrimination claims,an employer should do all of the following except:


A) Ensure employees understand what Title VII is, who it applies to, and what it requires.
B) Be inclusive and recognize that continuing to exclude groups may lead to unnecessary claims of discrimination.
C) Be reactive in handling situations that typically lead to claims of employment discrimination.
D) Try hard to make the workplace environment inclusive.

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If an employee files a lawsuit against their employer after exhausting their administrative remedies,the case is handled by the court as if there had not already been a finding by the EEOC.

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Hilary owns and operates a Bed & Breakfast Inn near the Lumbee Indian reservation.She favors Lumbee Indians when hiring for job positions at the Inn.Hilary's hiring practices:


A) violate Title VII of the Civil Rights Act as it prohibits employment discrimination based on race.
B) do not violate Title VII of the Civil Rights Act because it allows for such preferential treatment.
C) do not violate Title VII of the Civil Rights Act because of the at-will employment clause.
D) violate Title VII of the Civil Rights Act because such practices are against the bona fide occupational qualification (BFOQ) defense.

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Undocumented workers are not protected by Title VII of the Civil Rights Act of 1964.

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Describe the types of employees that are NOT covered by Title VII of the Civil Rights Act of 1964.

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Employees not covered by Title VII -
•Em...

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If the Equal Employment Opportunity Commission (EEOC)concludes that a workplace discrimination claim does not violate Title VII of the Civil Rights Act of 1964,the employee has no right to pursue the matter further in any court.

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Ivan studied voice,opera,and Jewish liturgical music at the Southern Baptist Theological Seminary.After he graduated,he applied for a job as a cantor to lead prayer services at the Nashville Downtown Synagogue.The synagogue refused to consider him for the job because he is not Jewish.If Ivan files an employment discrimination claim against the Nashville Downtown Synagogue,the synagogue can:


A) be held liable for discrimination under Title VII of the Civil Rights Act of 1964.
B) defend itself using the ministerial exception to Title VII of the Civil Rights Act of 1964.
C) be held liable for retaliation under Title VII of the Civil Rights Act of 1964.
D) assert the doctrine of promissory estoppel to protect itself against Ivan's claim.

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Sam filed a discrimination case against his employer with the Equal Employment Opportunity Commission (EEOC) .The EEOC sent a notice of charge to Sam's employer.In this scenario,which of the following is most likely to be the immediate next step in the process of bringing a discrimination claim with the EEOC?


A) Both Sam and his employer will receive a referral to mediation from the EEOC, if appropriate.
B) The EEOC will issue a right-to-sue letter to Sam.
C) Both Sam and his employer will have to offer evidence to the U.S. Supreme Court as soon as the notice of charge is issued.
D) The EEOC will immediately investigate the claim.

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After the Equal Employment Opportunity Commission (EEOC) completes its investigation in an employment discrimination case,________.


A) it gives the employee a dismissal and a right-to-sue letter if no reasonable cause for the employee's discrimination complaint is found
B) either party cannot ask for reconsideration of the EEOC's decision
C) the EEOC requires the employer to pay compensatory damages within 30 days of the discriminatory event
D) the employee is prohibited from pursuing the matter further in federal court if he or she is not satisfied with the EEOC's ruling

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A

Sally,a non-U.S.citizen,was employed by Kev Electronics Inc.,a U.S.corporation.She worked at a facility based in London.During a recent workforce reduction,Sally was terminated from her job.She noticed that only female employees were laid off.She contacted the Equal Employment Opportunity Commission (EEOC) to file a discrimination claim.In the context of employees covered under Title VII of the Civil Rights Act of 1964,which of the following is true?


A) Sally's claim will be investigated by the EEOC as her discrimination claim is against an American employer.
B) Sally's claim cannot be filed with the EEOC because the Federal Trade Commission (FTC) is in charge of employment discrimination against non-U.S. citizens.
C) Sally's claim cannot be filed with the EEOC because she is not a U.S. citizen and she does not live in the United States.
D) Sally's claim will be investigated by the EEOC because she falls under a protected group.

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Which of the following is a disadvantage of a mandatory arbitration clause in an employment contract?


A) The employees have the disadvantage of essentially having the courts closed to them for cases under Title VII of the Civil Rights Act of 1964.
B) Employers suffer from having more number of discrimination cases in court.
C) The Equal Employment Opportunity Commission is prevented from pursuing victim-specific relief for an employee.
D) The Equal Employment Opportunity Commission is prohibited from bringing its own enforcement action against an employer.

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Title VII of the Civil Rights Act of 1964 prohibits discrimination in education,employment,public accommodations and receipt of federal funds on the basis of:


A) race only.
B) race or gender only.
C) race, gender and religion only.
D) race, color, gender, religion, or national origin.

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For employers,passage of Title VII of the Civil Rights Act of 1964 meant that virtually any employment decision could be challenged by an employee or applicant who falls within the Title VII categories.

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The federal agency with primary responsibility for handling most employment discrimination claims under federal law is the:


A) Federal Civil Rights Agency (FCRA)
B) Department of Justice (DOJ)
C) Equal Employment Opportunity Commission (EEOC)
D) Office of Federal Contract Compliance Programs (OFCCP)

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Marion Zhu,a U.S.citizen of Asian origin,is a social worker in particular school district in North Carolina.She was denied a promotion to the Supervisor II (social worker) position although she has good scores on the social workers' promotion examination.A white social worker who scored lower in the exam is instead promoted.The district's Human Resources Department refuses to hear her appeal.Marion is convinced that she was not promoted because she is Asian.Marion can bring a discrimination claim under:


A) Section 2-306 of the Uniform Commercial Code.
B) 42 U.S.C. Section 1983.
C) the Fourth Amendment of the United States Constitution.
D) the Sixth Amendment of the United States Constitution.

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B

If the parties involved in an employment discrimination case choose not to mediate the charge or if the mediation is not successful,the Equal Employment Opportunity Commission (EEOC) :


A) refers the case to a 706 agency.
B) investigates the complaint by talking with the parties and other witnesses.
C) mandates the employer to pay compensatory damages to the employee.
D) issues a right-to-sue letter to the employer.

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Discuss the role of mediation in EEOC claims.

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The EEOC's approach to mediation has bee...

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