To claim a prima facie case for national origin


Please place the letter of your answer in the space provided. You also need to justify your answers. You want to restate the law, the concept, the definition.

1. To claim a prima facie case for national origin discrimination, an employee needs to prove that:

A) his or her employer’s employment decision caused an adverse employment action to him or her.

B) his or her position was filled by someone who is a member of the same protected class that he or she belongs to.

C) his or her employer’s employment decision or action was a business necessity.

D) his or her employer’s job requirements exceed his or her qualifications.

2._______ Once an employee has articulated a prima facie case of discrimination based on national origin, the burden falls on his or her employer to:

A) identify a bona fide occupational qualification (BFOQ).

B) prove that there has been a violation of the doctrine of promissory estoppel.

C) establish that no other employee was subjected to such disparate treatment.

D) show that the employee belongs to a protected class.

3.______ If an employer enforces an English-only policy in all areas of the workplace and at all times, including break times and other free time, the:

A) employer’s policy is presumptively discriminatory according to the Equal Employment Opportunity Commission (EEOC).

B) employer is much safer from a charge of national origin discrimination than an employer who only enforces the policy in certain areas and at certain times.

C) employer impermissibly violates Title VII of the Civil Rights Act, which protects the ability of workers to express their cultural heritage at the workplace.

D) employer’s policy is not unlawful because all individuals, irrespective of their national origin, are required to speak English in the United States.

4.________ Employers can avoid liability under Title VII of the Civil Rights Act of 1964 for national origin discrimination after implementing an English-only rule if they can show that the rule:

A) is necessary to maintain supervisory control of the workplace.

B) is used as a sole basis to promote employees within the workplace.

C) has been primarily used to help differentiate employees based on their national origin.

D) has to be followed by employees at all times

5._______ Under Title VII of the Civil Rights Act of 1964, the prohibition against national origin discrimination is subject to the political function exception, which allows:

A) only a naturalized U.S. citizen to run for president of the United States.

B) only private employers to discriminate against individuals based on their country of origin.

C) discrimination against a noncitizen when the position is intimately related to the process of self-government.

D) discrimination against individuals whose national origin is a country with which trade has been outlawed by an act of Congress.

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