1) Tiffany, a light-skinned black woman, is the manager of the cosmetics department of a large retail store. She does not promote Monica, a brown-skinned black woman, because she believes customers prefer lighter skinned cosmetic consultants. Monica
A. does not have a claim under Title VII because color discrimination cannot occur between members of the same race.
B. has a claim under Title VII because color discrimination can occur between members of the same race.
C. has a claim under ADEA.
D. has a claim under FLSA.
2) In a state with a "right-to-work" law
A. the employer and union agree that all members of the bargaining unit will join the union within a certain amount of time after becoming employed.
B. it is prohibited for a union and an employer to enter into an agreement that requires union membership or payment of union dues or "fees" as a condition of employment.
C. only persons who are already members of the union have the right to work for employers who have negotiated contracts with the union.
D. all employees are required to be free riders.
3) Dan Turner has heart disease and diabetes. He also suffers from numbness of the bottom of his feet as a result. He is a supervisor at Milton Manufacturing and is required to walk around the plant floor almost constantly checking each phase of production. His physician has advised him to limit his walking to not more than 1 hour per day. Dan has asked his employer to purchase a golf cart so that he can continue to perform the duties of his job.
A. Dan is no longer qualified to perform his job and is not eligible for an accommodation under the ADA.
B. Dan cannot perform the essential functions of his job and can be terminated without violating the ADA.
C. Dan can still perform the essential functions of his job and is entitled to the golf cart as long as the cost is not an undue burden for his employer.
D. None of the choices are correct.
4) Himiona wants to be a deputy sheriff in Outer Maple Grove County. Himiona, whose family is from New Zealand, has Maori ancestors. To honor his heritage, Himiona has a small moko tattoo across his cheeks and nose. Traditionally, moko was used to differentiate between and within Maori social classes, including stating regional or tribal affiliation based on the patterns and placement of the moko. The sheriff's department prohibits its deputy sheriffs from wearing visible tattoos. Himiona is told that he will need to remove his moko before he can apply to be a deputy sheriff.
A. Himiona will prevail on a claim for national origin discrimination under Title VII because his tattoo honors his heritage.
B. Outer Grove can defend against Himiona's claim because a law enforcement agency needs to have a uniform appearance and a dress code policy is permissible under Title VII as long as it is enforced on an equal basis.
C. Outer Grove can defend against Himiona's claim because a tattoo is not immutable.
D. Himiona will prevail on a claim for national origin discrimination under Title VII because his tattoo is small.