1. Gregg Young, the CEO of BJY Inc., insisted on calling Mamdouh El-Hakem “Manny” or “Hank” even when El-Hakem asked him not to. El-Hakem was of Arab heritage. Young argued that a “Western” name would increase El-Hakem’s chances for success and would be more acceptable to BJY’s clientele. Does this behavior violate the law?
(a) Yes, Young violated Title VII by discriminating against El-Hakem on the basis of his national origin.
(b) Yes, Young was creating a hostile work environment.
(c) Both (a) and (b)
(d) No, Manny is just a nickname. No harm was intended and, indeed, no harm resulted.
(e) No, because customers did prefer a Western name.
2. The CEO of BankTwo realized that not one single officer of the bank was female or minority. He announced that henceforth, the bank would only hire people in these two groups until they made up at least 30 percent of the officers. Is this plan legal?
(a) Yes, voluntary affirmative action plans are always legal.
(b) Yes, because fewer than 20 percent of the officers are female or minority.
(c) No, to be legal, the goal of an affirmative action plan cannot be greater than 20 percent female or minority.
(d) No, the plan is too unfair to white men, who have no chance of being hired for a long time.
3. When Allain University was looking for a diversity officer, it decided it would only hire a person of color. Is this decision legal?
(a) Yes, color is a BFOQ for this position.
(b) No, color is never a BFOQ, but race could be.
(c) No, neither race nor color can be a BFOQ.
(d) No, race and color can be a BFOQ, but is not in this situation. A person does not have to be a member of a minority group to promote diversity.
4. Ralph has worked as model builder at Snowdrop Architects for thirty years. The firm replaces him with Charlotte who is only 24 and willing to work for 30% less than his salary. The firm never offered to let him stay for less pay. When he left, one of the partners told him, “Frankly, it’s not a bad thing to have a cute young person working with the clients.” Which of the following statement is true?
(a) Snowdrop is liable because it had an obligation to offer Ralph the lower salary before firing him.
(b) Snowdrop is liable because it is illegal to replace an older worker with a younger one just to save money.
(c) Snowdrop is liable because age was a factor in Ralph’s firing.
(d) Snowdrop is liable under Title VII because it replaced an old man with a young woman.
(e) Snowdrop is not liable because age was not the deciding factor in Ralph’s firing.
5. During chemotherapy for bone cancer, a delivery person is exhausted, nauseous and weak. He has asked permission to come in later, work a shorter day and limit his lifting to 10 pounds. Delivery people typically carry packages of up to 70 pounds. Does Vulcan, his employer, have the right to fire him?
(a) Vulcan must create a new position so that the employee can do something else.
(b) Vulcan must transfer the employee to another position but only if one is vacant and he is able to perform it.
(c) Vulcan can fire the man because none of his major life activities have been affected.
(d) Vulcan can fire the man because he cannot perform the essential functions of his job.
(e) Vulcan can fire him because he is not disabled -- once the chemotherapy treatments end, he will feel fine again.