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In Brown v. Topeka Board of Education, the U.S. Supreme Court:


A) for the first time, allowed jury trials in Title VII cases.
B) struck down the separate but equal doctrine.
C) declared affirmative action to be a form of illegal reverse discrimination.
D) for the first time, recognized the business necessity defense.

E) A) and D)
F) B) and D)

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Samantha Bradshaw signed an employment contract with Soaks in the City to work as a hot tub sales clerk. The agreement included an arbitration agreement. After Samantha was denied a promotion she filed a charge of discrimination with the EEOC. The manager of Soaks told Samantha that her employment contract requires her to use arbitration to pursue her case instead of going to the EEOC.


A) Samantha cannot pursue her claim of discrimination at the EEOC because she signed a contract agreeing to arbitration.
B) The EEOC can take Samantha's case to court because it was not a party to the employment agreement.
C) The EEOC can represent Samantha in the arbitration of her case because it is the official government agency for resolving complaints of discrimination.
D) If the arbitration hearing is held and a decision is issued before the EEOC takes action it will be the final result for Samantha's claim.

E) None of the above
F) C) and D)

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Elijah Murphy studied voice, opera, and Jewish liturgical music at the Southern Baptist Theological Seminary. After he graduated, he applied for a job as a cantor (i.e., professional singer who leads prayer services) at the Nashville Downtown Synagogue. The synagogue responded that he was not qualified for the position and refused to consider him for the job because he is not Jewish.


A) Elijah has a prima facie case of disparate treatment discrimination against the synagogue and the synagogue has no defense.
B) Elijah has a prima facie case of discrimination against the synagogue and the synagogue can successfully assert the ministerial exception to Title VII.
C) Elijah does not have a prima facie case of discrimination, so it doesn't matter whether the synagogue can assert a defense.
D) Elijah has a prima facie case of discrimination against the synagogue and the synagogue can successfully assert the business necessity defense.

E) A) and B)
F) A) and C)

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A person who brings a claim of employment discrimination under 42 U.S.C. section 1981 must show that


A) there was a conspiracy to cause discrimination by other persons at the workplace.
B) that the person who discriminated was acting under color of state law.
C) that the discrimination occurred in connection with an employment contract.
D) that the discrimination was based on a disparate impact.

E) A) and B)
F) C) and D)

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Martin Luther King gave the famous "I Have a Dream" Speech on August 28, 1965.

A) True
B) False

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Claims for discrimination filed with a 706 agency must be filed within ____ days of the incident giving rise to the claim.


A) 45
B) 180
C) 300
D) None of the choices are correct.

E) A) and B)
F) A) and C)

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Title VII requires courts to give EEOC decisions de novo review.

A) True
B) False

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Courts are closed to Title VII claimants if


A) they have signed mandatory arbitration agreements with their employers
B) they are referred to mediation by the EEOC
C) they file their claims with a 706 agency
D) All of the above.

E) All of the above
F) A) and B)

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Agnes wishes to bring a race-based discrimination suit against her employer under 42 U.S.C. 1981. In order to process her case she must take the following actions.


A) File her claim with the EEOC (or a 706 agency) within 180 days.
B) Exhaust her administrative remedies at the EEOC before bringing the suit in federal court.
C) Receive a right-to-sue letter from the EEOC.
D) None of the choices is correct

E) B) and D)
F) B) and C)

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42 U.S.C. sec. 1985 is:


A) enforced only by the EEOC.
B) enforced only by the OFCCP.
C) enforced entirely by private right of action.
D) repealed by the Civil Rights Act of 1991.

E) C) and D)
F) B) and C)

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The term 'under color of state law' refers to:


A) laws enacted to protect the "Rainbow Coalition."
B) any discrimination complaint that is brought outside the provisions of Title VII.
C) state Jim Crow laws.
D) an action taken by a person acting on behalf of a state or local government that deprives someone else of their civil rights.

E) B) and C)
F) A) and D)

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Title VII protections were extended to congressional employees with the Congressional Accountability Act of 1995.

A) True
B) False

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The number of days that a non-federal government employee has to file a timely claim with the EEOC, under Title VII of the Civil Rights Act, is


A) 45 days.
B) 120 days.
C) 300 days
D) 180 days.

E) A) and B)
F) A) and C)

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Carol Jones, a U.S. citizen, was employed with MET, Inc. in its London office. Met Inc. is a Delaware corporation with its principle place of business in New York. Ms. Jones was recently laid off, and she believes she was a victim of racial discrimination. Ms. Jones


A) has no recourse because she was not working in the U.S. at the time she was laid off.
B) has no recourse because employment discrimination laws do not apply to lay offs.
C) has the right to file a claim for discrimination against her former employer pursuant to Title VII of the Civil Rights Act of 1964.
D) has the right to file a claim for discrimination against her former employer pursuant to the Civil Rights Act of 1991.

E) All of the above
F) B) and D)

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________________ was used against the police officers who were videotaped during the arrest of Rodney King in Los Angeles in 1991.


A) Title VII.
B) 42 U.S.C. sec. 1981.
C) 42 U.S.C. sec. 1983.
D) 42 U.S.C. sec. 1985.

E) A) and D)
F) B) and D)

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With the Lilly Ledbetter Fair Pay Act of 2009, Congress


A) extended the statute of limitations for filing a pay discrimination claim from 180 days to 300 days
B) extended the statute of limitations for filing a gender discrimination claim based on pay from 180 days to 300 days
C) extended the statute of limitations for filing a race discrimination claim based on pay from 180 days to 300 days
D) None of the above.

E) A) and B)
F) A) and C)

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Title VII applies to I. Employment agencies. II. Employers engaged in interstate commerce, if they have 15 or more employees for each working day in each of 26 or more calendar weeks in the current or preceding calendar year. III. Labor organizations of any kind that exist to deal with employers concerning labor issues, engaged in an industry affecting commerce.


A) I and II
B) II and III
C) I and III
D) I, II, and III

E) A) and D)
F) A) and B)

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Federal employee claims must be filed with the EEOC within 45 days of the discriminatory event.

A) True
B) False

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The EEOC received more charges in fiscal year _______ than in any other year in its history.


A) 1965
B) 1976
C) 1998
D) 2010

E) All of the above
F) A) and C)

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Mandatory Arbitration Agreements wherein the employee agrees to arbitrate all disputes arising out of his/her employment relationship


A) do not interfere with the employee's right to file a claim for discrimination with the EEOC.
B) prevent an employee from pursuing a claim for discrimination with the EEOC.
C) are enforceable except when the employer violates Title VII of the Civil Rights Act.
D) are not enforceable unless authorized by the EEOC.

E) A) and B)
F) A) and C)

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