1. Equal protection is the constitutional guarantee:
a. that empowers Congress to regulate equally distributed commerce with foreign Nations,
and among the several States, and with the Indian Tribes.
b. that laws made in pursuance of the Constitution and all treaties made under the authority
of the United States shall be the equally protected as the “supreme law of the land.”
c. embodied in the Fourteenth Amendment to the U.S. Constitution.
d. that grants and distributes power and responsibilities to national and state governments.
2. A mayor serving in a major metropolitan area receives an internal memorandum indicating
personnel at many police stations are single-race. At the time of the report, thirty percent of
the police force was black or Hispanic. She immediately calls a press conference and orders
transfers of police officers to achieve racial balance across the city. The transferred police
officers sue on constitutional grounds. Assuming just these facts, what is the strongest
argument that might be advanced by the transferred officers based on constitutional grounds?
a. Executive action by the mayor is unconstitutional because there was no rational
relationship to a valid governmental purpose.
b. The action is “void for vagueness” since transferred police officers must unnecessarily
guess at the underlying public policy of the transfer process.
c. The mayor’s policy used race as the basis for transfers, and assignments are subject to
strict scrutiny.
d. The transfer can be set aside based on intermediate or heightened level of scrutiny.
3. Title VII specifically addresses the issues of affirmative action, sexual harassment, and same-
sex marriage.
a. True
b. False
4. Which of the following federal government agencies is charged with enforcing Title VII of
the Civil Rights Act of 1964?
a. U.S. Department of Labor
b. Merit Systems Protection Board
c. Office of Personnel Management
d. Equal Employment Opportunity Commission
5. To establish a prima facie case of religious discrimination, the employee has to show all of
the following except which one:
a. That religion has been a significant part of the employee’s life for a significant amount of
time.
b. That the employee has a sincerely held religious belief.
c. That the employer was on notice that the religious belief was in conflict with the
employer’s request.
d. That there was a negative employment action based on a conflict between the religious
belief and the employment requirement.
6. The Equal Employment Opportunity Commission (EEOC) favors English-only rules because
they decrease the ability for people to stereotype based on national origin or ethnicity and
thus decrease illegal workplace discrimination.
a. True
b. False
7. Employment practices without business justification applied to all employees that result in a
less favorable effect for one group than for another group may state a claim for:
a. disparate treatment
b. disparate impact
c. inclusion
d. reasonable accommodation
8. John Smith was assaulted on the loading dock by a coworker, Jim Jones, at the Acme Widget
Company. The attack was unprovoked by Smith. After the physical assault, there was an
angry verbal exchange between the parties. The incident ended when Jones yelled that Smith
was a “sissy” and “everybody knows you’re queer as a three dollar bill.” Which of the
following statements best describes the outcome of the harassment lawsuit filed by Smith
under The Civil Right Act of 1964?
I. Sex discrimination is prohibited by federal law (The Civil Right Act of 1964).
II. Sexual orientation discrimination is prohibited by federal law (The Civil Right
Act of 1964).
III. Suits based on harassment due to sexual orientation cannot prevail when based on
local or state laws.
IV. Sexual orientation discrimination is not prohibited by federal law (Title VII).
a. I only
b. II only
c. III only
d. I and IV
9. Federal courts have consistently held that the Civil Rights Act’s ban on ‘discrimination on
the basis of sex’ does not include discrimination based on one’s sexual orientation or
affiliation.
a. True
b. False
10. All of the following are true statements regarding the Family and Medical Leave Act
(FMLA, 29 U.S.C. §§ 2601, et seq.), EXCEPT which of the following?
a. An eligible employee is entitled to take 12 weeks of unpaid leave in any 12-month
period.
b. Every personal or family emergency qualifies for FMLA leave.
c. Under most circumstances, the employer must reinstate employees when they return from
leave.
d. An eligible employee is entitled to take paid leave because of the birth of a son or
daughter.
11. In order to be covered by the ADA (Americans with Disabilities Act), a disability must be
ongoing and permanent for the foreseeable future.
a. True
b. False
12. Describe the term heightened scrutiny. What do the courts use to determine which type of
scrutiny to use?
13. What is the EEOC guideline on English-only workplace rules? What are two reasons given
for the rules?
14. What must a plaintiff show to make a prima facie case of hostile environment sexual
harassment?
15. According to sociologists, what is society’s image of a good mother? A good father? How do
those images impact how parents who chose to balance their work life with family (i.e. work
part time) are viewed?
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