Multiple Choice

1- Sofia is an employee for Ambrose’s Landscaping. While showing a customer how to use a hedge clipper, she inadvertently cuts the customer on the arm, requiring a hospital trip and several stitches. Regarding Ambrose’s liability for the incident
A-Ambrose is not vicariously liable because it was an accident.
B-Ambrose is vicariously liable because Sofia was not acting within the course of employment.
C-Ambrose is not vicariously liable because Sofia was not acting within the course of employment.
D-Ambrose is vicariously liable because Sofia was acting within the course of employment.

2- Melanie is a white female, and she is married to Muhammad, who is of Middle Eastern descent. She has been employed at The Office Works for 3 weeks. Melanie has been subjected to daily verbal abuse since Muhammad dropped by to take her to lunch and her co-workers became aware of his ethnicity. She has been called an “Arab whore” and a “terrorist.” Her co-workers refuse to work with her, and her supervisor has condoned this behavior by assigning her to tasks in the stockroom when previously she assisted customers in the computer department.
A-Melanie does not have a claim for national origin discrimination because she is not a member of a protected class.
B-Melanie does have a claim for national origin discrimination under Title VII because she is being harassed based on the national origin of her husband.
C-Melanie does not have a claim for national origin discrimination because she has only been employed for 3 weeks.
D-Melanie does have a claim for national origin discrimination because the behavior of her co-workers and supervisor is neither severe nor pervasive.

3-Harrison works in a cubicle at a window next to Karen Ravenwood’s cubicle at Tabernacle Insurers. One day, Harrison overhears Karen’s supervisor make a comment that she’d be more successful if she spent as much time on shaping her list of prospective customers as she does on shaping her body. Karen files a complaint of sex/gender discrimination with the EEOC and Harrison is called to testify during the investigation. The EEOC decides not to pursue the matter. A month and a half after the investigation is closed, Tabernacle management moves Harrison from his cubicle to a cubicle on a vacant floor. All other aspects of his job remain the same. Harrison files a complaint of retaliation.
A-Harrison cannot pursue a case of retaliation because the relocation of his work area between cubicles did not materially affect the terms, conditions, or privileges of his employment at Tabernacle.
B-Harrison cannot prove a case of retaliation because the investigation uncovered no wrongdoing.
C-Harrison cannot prove a case of retaliation because he is not in the same protected group as Karen.
D-Harrison can prove a case of retaliation.

4- 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

5- BJI Enterprises requires all employees to pass a standardized test before being considered for promotions. Marisa Chavez, a Hispanic female, was employed in the Maintenance department as a housekeeper. She wanted to be considered for a supervisory position in that department. However, she could not make a passing score on the test. There were no minority supervisors in the Maintenance Department. The Civil Rights Act requires
A-BJI to show that the test is related to the job.
B-Ms. Chavez to show that the test is not related to the job.
C-Ms. Chavez to prove that she is qualified for the job.
D-None of the choices are correct.

6- Benita works as a nursing assistant in a retirement home run by Cottonwood Care Centers, a national operator of facilities providing care for the elderly. Benita works 53 hours a week. After looking at her payroll stubs for the past 6 months, she concludes that she has not received sufficient overtime pay. She complains to her supervisor but the company takes no action.
A-Benita can bring a complaint to the National Labor Relations Board under the Fair Labor Standards Act of 1938 (FLSA).
B-Benita can bring a complaint to the U.S. Department of Labor, under the Fair Labor Standards Act of 1938 (FLSA).
C-Benita can bring a complaint to the U.S. Department of Labor, under the Employee Retirement Income Security Act of 1974 (ERISA).
D-Benita can bring a complaint to the U.S. Department of Labor, under Executive Order 11246.