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22/08/2022
Employment law of Business – 7th Edition
Chapter 10 – Affinity Orientation Discrimination
Martina has been emotionally, sexually, and romantically attracted only towards women. She is a:
A)
lesbian.
B)
transgender.
C)
transsexual.
D)
bisexual.
Johnny, born a boy, has had his physical characteristics changed via surgery to become a woman and has adopted the identity of Jane. Jane is a:
A)
bisexual.
B)
transsexual.
C)
heterosexual.
D)
lesbian.
3
Bradley, an employee of Unique Solutions Inc., is a homosexual. The company is federal in nature and has 50 employees. Most of Bradley’s colleagues make fun of his homosexuality and ill-treat him. He has repeatedly asked his employer to intervene but, his employer has indicated that it is not his responsibility to get involved in this issue. Bradley is thinking of bringing court actions against the company under Title VII for affinity orientation. His petition is most likely to be rejected by the court. Why?
A)
Title VII is only applicable to federal companies that have 100 or more employees.
B)
Title VII is only applicable after reasonable accommodation fails.
C)
Affinity orientation is not a protected category under Title VII.
D)
Federal companies are not under the purview of Title VII.
4
Jenny, who was born a girl, realized at the age of 10 that she her emotional and psychological sides were closer to that of a boy’s than a girl’s. Now 25, such thoughts and feelings in her have remained unchanged but she has not yet thought of undergoing a gender reassignment surgery. Jenny is a:
A)
transsexual.
B)
lesbian.
C)
homosexual.
D)
transgender.
5
Angelina is emotionally, sexually, and romantically attracted to both women and men. She is a:
A)
bisexual.
B)
lesbian.
C)
transgender.
D)
transsexual.
6
Which of the following acts, if passed, would extend Title VII’s reach to include discrimination on the basis of affinity orientation?
A)
DeSantis Act
B)
Employment Nondiscrimination Act
C)
Defense of Marriage Act
D)
Weaver Act
7
The gender identity statutes prevalent in the states of California, Colorado, Illinois, Iowa, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington, provide protection for:
A)
lesbians.
B)
homosexuals.
C)
transgenders.
D)
heterosexuals.
8
In addition to rights that may be provided by state and local legislation, gay and lesbian public employees adversely affected by an employment decision based on affinity orientation may, under appropriate circumstances, use state constitutions or the _____ Amendments of the U.S. Constitution as a basis for suit, as well as the constitutional right to privacy.
A)
Second, Sixth, or Sixteenth
B)
Third, Seventh, or Fifteenth
C)
Fourth, Eighth, or Seventeenth
D)
First, Fifth, or Fourteenth
9
Joe is a gay black man. He is open about his sexual orientation and often places unsolicited gay-oriented pamphlets (informational, but not obscene) on other employees’ desks. Joe also wears severe make-up although he is not transsexual. His colleagues and employers have repeatedly requested him to stop distributing the literature and to stop wearing make-up but, he did not comply and was subsequently fired for noncompliance. Joe has sued claiming discrimination. Which of the following outcomes is most likely to happen?
A)
The employers will prevail if they can show that the literature was a workplace disruption.
B)
The employer will prevail if they can show that homosexuality is not acceptable to the rest of its employees.
C)
Joe will prevail because Title VII prohibits discrimination based on race.
D)
Joe will prevail because Title VII prohibits discrimination based on sex.
10
Zahara is a black female and works with Watts & Co. which is a nonfederal organization and employs 50 people. Her employers learn that she is a lesbian and immediately terminate her. She approaches the court with a Title VII claim. Which of the following outcome is most likely to happen?
A)
She will be unable to file for a Title VII claim because Title VII is applicable on federal organizations
B)
She will win if she shows that white lesbians were not terminated and thus, this is discrimination based on her race.
C)
She will win by using her status as a lesbian for the Title VII claim because Title VII protects affinity orientation.
D)
She will be unable to file for a Title VII claim because Title VII is applicable only on employers having 100 or more employees.
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