Download as pdf or txt
Download as pdf or txt
You are on page 1of 40

Employment Law For Business 7th

Edition Bennett-Alexander Test Bank


Visit to download the full and correct content document: https://testbankdeal.com/dow
nload/employment-law-for-business-7th-edition-bennett-alexander-test-bank/
Chapter 07 - National Origin Discrimination

Chapter 07
National Origin Discrimination

True / False Questions

1. (p. 310) EEOC created a special classification, "Code Z", to designate complaints from
undocumented workers regarding workplace abuses.
FALSE

Difficulty: 2 Medium

2. (p. 316) Under Title VII it is always illegal to discriminate against an employee based on his or
her status as an alien or because the employee is not a U.S. citizen.
FALSE

Difficulty: 2 Medium

3. (p. 318) IRCA sets forth civil and criminal penalties for knowingly hiring illegal aliens.
TRUE

Difficulty: 1 Easy

4. (p. 319) 42 U.S.C. sec. 1981 does not apply to claims for national origin discrimination.
FALSE

Difficulty: 2 Medium

7-1
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

5. (p. 322) The Guidelines on Discrimination Because of Religion or National Origin impose an
obligation on federal agencies and government contractors to take affirmative steps to prevent
discrimination against Asians, Native Americans, Blacks and Spanish-surnamed Americans.
FALSE

Difficulty: 2 Medium

6. (p. 304, 332) To be successful in a claim for national origin discrimination under Title VII, the
harassment must be based on the employee's actual national origin and not his perceived
national origin.
FALSE

Difficulty: 1 Easy

7. (p. 315) Citizenship and national origin are synonymous.


FALSE

Difficulty: 1 Easy

8. (p. 318) A professor who speaks fluent English may be fired if his or her accent is so severe that
students cannot understand what the professor is saying.
TRUE

Difficulty: 2 Medium

9. (p. 313) While Title VII prohibits employment discrimination based on national origin, it also
makes it unlawful for U.S. employers to hire aliens illegally in the U.S.
FALSE

Difficulty: 2 Medium

7-2
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

10. (p. 316) An employee will have a claim for national origin discrimination if she or he is treated
differently at work because he or she is married to a person of a certain ethnic heritage.
TRUE

Difficulty: 2 Medium

11. (p. 319) In the case of Garcia v. Spun Steak, the court followed the EEOC's Guidelines and
held that English-only rules in the workplace violate Title VII.
FALSE

Difficulty: 2 Medium

12. (p. 325) Under the IRCA, employers with 4 through 14 employees are prohibited from
discriminating on the basis of national origin.
TRUE

Difficulty: 1 Easy

Multiple Choice Questions

13. (p. 306) EEOC guidelines state that employers can avoid liability for national origin
discrimination after implementing an "English-only" rule if the employer can show that it is
necessary:
A. for communication with customers who only speak English.
B. to promote efficiency for cooperative work assignments.
C. to promote safety in an emergency.
D. All of the choices are correct.

Difficulty: 1 Easy

7-3
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

14. (p. 309) Inez Garcia was born in Portland, Oregon. Her mother is from Italy and Jewish. Her
father is Mexican. Under the Guidelines on Discrimination Because of Religion or National
Origin, the federal agency for which she works must take affirmative steps to ensure that she is
not discriminated against on the basis of her:

I. Mexican ancestry.
II Italian ancestry.
III. Jewish ancestry.
A. I only
B. I and II
C. II and III
D. I, II, and III

Difficulty: 3 Hard

15. (p. 304) In order to avoid liability, under Title VII, after an employee has proven a prima facie
case of disparate treatment national origin discrimination, an employer must prove the
following defense:
A. a Bona Fide Occupational Qualification.
B. a legitimate nondiscriminatory reason.
C. a political function exception.
D. a business necessity.

Difficulty: 3 Hard

16. (p. 311) The prohibition against national origin discrimination in Title VII is subject to the
political function exception which
A. disqualifies a naturalized U.S. citizen from running for President of the United States.
B. allows employers to discriminate against individuals who are illegal aliens.
C. allows discrimination against a non-citizen when the position is intimately related to the
process of democratic self-government.
D. allows employers to discriminate against individuals whose national origin is a country with
which trade has been outlawed by a presidential Executive Order or an act of Congress.

Difficulty: 3 Hard

7-4
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

17. (p. 307) Carlos Alverez, a Mexican American, is 5 feet 4½ inches tall, which is the average
height for Spanish-surnamed men. He applied for a job as a mechanic with Quick Lube. He was
not hired because he did not meet the minimum height requirement for the position, which was
5 feet 8 inches.
A. Carlos has a claim for national origin discrimination under Title VII if he can show that the
height requirement has a disparate impact on Spanish-surnamed Americans.
B. Carlos has a claim for national origin discrimination under the Immigration Reform and
Control Act because he is a member of a protected class.
C. Carlos does not have a claim for national origin discrimination because he is a U.S. citizen.
D. Carlos does not have a claim for national origin discrimination because Quick Lube applied
the height requirement to all applicants.

Difficulty: 2 Medium

18. (p. 312) A claimant must prove discriminatory intent in order to be successful with a claim of
national origin discrimination under:
A. Title VII.
B. IRCA.
C. 42 U.S.C. sec. 1981.
D. FLSA.

Difficulty: 2 Medium

19. (p. 304) City Hospital employed 5 workers of Middle Eastern descent in their maintenance
department. The maintenance supervisor assigned all of them to clean the morgue and the
basement. These employees were not allowed to work on any other floors or come into contact
with patients.
A. City Hospital will be liable for national origin discrimination based on the Guidelines on
Discrimination Because of Religion or National Origin.
B. City Hospital will be liable for national origin discrimination because it illegally segregated
the employees based on their national origin.
C. City Hospital will not be liable for national origin discrimination because the FLSA allows
employers to discriminate in favor of U.S. citizens.
D. City Hospital will not be liable for national origin discrimination based on the Court's ruling
in Garcia v. Spun Steak Co.

Difficulty: 2 Medium

7-5
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

20. (p. 308) Tang Li is employed by Henderson Corporation as a computer analyst. Once, in a fit
of anger, Bob, his supervisor, used an ethnic slur in referring to Tang. Six months later, Bob
yelled at Tang, calling him stupid.
A. Tang has a claim for harassment based on national origin under Title VII.
B. Tang does not have a claim for harassment based on national origin under Title VII because
these two incidents, although offensive, would not create a hostile work environment.
C. Tang has a claim for harassment based on national origin because anytime an ethnic slur is
used in the workplace, it constitutes harassment and the employer is liable.
D. Tang does not have a claim for harassment based on national origin because he did not report
the first incident.

Difficulty: 2 Medium

21. (p. 304, 308) 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.

Difficulty: 3 Hard

22. (p. 311) The Immigration Reform and Control Act (IRCA) makes it illegal to
A. hire authorized aliens or refer authorized aliens for employment.
B. discriminate in favor of American citizens if there is an equally qualified authorized alien.
C. continue to employ an alien in the U.S. knowing that he/she has become an unauthorized
alien.
D. to hire an unauthorized alien if the employer is a federal contractor.

Difficulty: 2 Medium

7-6
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

23. (p. 319) Muhammad is an undocumented worker employed by Thompson Manufacturing.


Muhammad is routinely harassed because he is from Iraq. His supervisors and coworkers often
refer to him as a "terrorist" and call him "Taliban" or "Osama Bin Laden". He complains to the
management about the harassment and the next day his supervisor calls INS and reports
Muhammad as an illegal alien.
A. Muhammad is not protected under Title VII.
B. Muhammad has a claim under Title VII for unlawful national origin discrimination.
C. Muhammad has a claim under Title VII for unlawful retaliation.
D. Both B and C.

Difficulty: 2 Medium

24. (p. 312) Luis Vargas has been employed as a security officer for Slate Mountain Waterworks
for 10 years. He has worked with Brett Simpson, also a security guard, for the last 3 years. Both
Luis and Brett applied for the job of chief security office when the position became available.
Brett was hired for the position. Slate Mountain only has 10 employees. Luis overheard Mr.
Slate say he would never promote a Mexican if he could give the job to a real American.
A. Luis can file a claim for national origin discrimination under Title VII.
B. Luis can file a claim for national origin discrimination under the IRCA.
C. Luis cannot file a claim for national origin discrimination because he is still employed and
there was no adverse employment action.
D. None of the choices are correct.

Difficulty: 2 Medium

25. (p. 303) Joe is a white male and was laid off during a reduction in force. His employer chose to
let him go in order to create a balanced work force by retaining employees of other national
origins.
A. Joe does not have a claim for national origin discrimination because he is not a member of a
protected class as required by Title VII.
B. Joe does have a claim for national origin discrimination under Title VII.
C. Joe can file a claim for discrimination based on race because he was discriminated against
because he is white.
D. None of the choices are correct.

Difficulty: 2 Medium

7-7
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

26. (p. 312) The main difference between a claimant's case under Title VII and under IRCA is
A. under IRCA, a claimant must prove discriminatory intent.
B. under Title VII, the claimant must prove discriminatory intent.
C. Both A and B.
D. Neither A nor B.

Difficulty: 2 Medium

27. (p. 303) Jiao, a Chinese American woman, and Sophia, a white American woman, applied for
jobs at Golden Enterprises. Jiao was not hired. In order to prevail on a claim for national origin
discrimination under Title VII, Jiao must prove
A. that Sophia was not qualified for the job.
B. that Golden Enterprises cannot articulate a legitimate nondiscriminatory reason for hiring
Sophia.
C. that Golden Enterprises has at least 10 employees.
D. that she was qualified for the job.

Difficulty: 3 Hard

28. (p. 317) The term "green card" refers to


A. a Resident Alien card.
B. a Permanent Resident card.
C. an Alien Registration Receipt card.
D. All of the choices are correct.

Difficulty: 2 Medium

29. (p. 313) Under the IRCA, employers


A. are required to verify the identity and authorization to work in the United States for all newly
hired employees.
B. can fire an alien who fails to produce proof of employment eligibility within 10 days from
the date employment begins.
C. must fire aliens who initially provide false employment eligibility documents and later
furnish satisfactory documentation of employment eligibility.
D. All of the choices are correct.

Difficulty: 2 Medium

7-8
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

30. (p. 313) Nesbitt hires Francois, a legal alien working in the U.S. with the legal authority to do
so. One month later, Francois loses his right to work in the U.S.:
A. Nesbitt's continued employment of Francois cannot constitute a violation of IRCA.
B. Nesbitt's continued employment of Francois constitutes national origin discrimination
against individuals with a U.S. national origin.
C. Nesbitt's continued employment of Francois will constitute a violation of IRCA if Nesbitt
knows that Francois is now an unauthorized alien.
D. Nesbitt's continued employment of Francois will constitute prima facie evidence of criminal
liability under IRCA.

Difficulty: 3 Hard

31. (p. 327) According to Garcia v. Spun Steak, facially neutral workplace policy will not cause a
disparate impact with respect to a privilege of employment on the basis of national origin if:
A. the policy can be easily complied with and noncompliance is purely a matter of an
immutable characteristic.
B. the policy can be easily complied with but noncompliance is not a matter of individual
preference.
C. the policy can be easily complied with.
D. the policy can be easily complied with and noncompliance is purely a matter of individual
preference.

Difficulty: 3 Hard

32. (p. 333) In Espinoza v. Farah Manufacturing Co., the U.S. Supreme Court held that:
A. Congress did not intend the term "national origin" to mean citizenship requirements.
B. Congress intended the term "national origin" to mean citizenship requirements.
C. Congress intended the term "national origin" to mean the country in which your grandfather
was a citizen.
D. Congress intended the term "national origin" to mean race and ethnicity.

Difficulty: 2 Medium

7-9
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

33. (p. 312) An employer is permitted to discriminate against individuals, in certain instances, on
the basis of citizenship, by:
A. the Immigration Reform and Control Act.
B. the Office of Federal Contract Compliance Programs.
C. Title VII of the Civil Rights Act of 1964.
D. Title VII of the Civil Rights Act of 1991.

Difficulty: 2 Medium

34. (p. 304) Smith issues a workplace policy stating that any employee who is married to anyone
from any Latin American country will be ineligible for promotion to line supervisor level. This
policy:
A. does not violate Title VII because it will result in discrimination against individuals who are
connected to individuals of a specific national origin.
B. violates Title VII because it will result in discrimination against individuals who are
connected to individuals of a specific national origin.
C. does not violate Title VII because its effect is not triggered by the national origin of the
individuals it affects.
D. violates Title VII because being bilingual is an immutable characteristic.

Difficulty: 3 Hard

35. (p. 327) An English-only policy in the workplace:


A. will necessarily lead to an abusive environment for those whose primary language is not
English.
B. does not violate Title VII as a matter of law.
C. may lead to an abusive environment for those whose primary language is not English.
D. is designed to deny non-English speaking individuals their protected right to express their
cultural heritage.

Difficulty: 2 Medium

7-10
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

36. (p. 306) 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,
A. the policy is presumptively discriminatory according to EEOC.
B. the employer is safer from a charge of national origin discrimination than an employer who
only enforces the policy in certain areas and at certain times.
C. the employer impermissibly denies non-English speaking individuals their Title
VII-protected right to express their cultural heritage.
D. the employer has no potential liability because all employees are required to speak English.

Difficulty: 2 Medium

37. (p. 333) Virtually all of the non-U.S. citizens in the labor pool available to an employer are of
Mexican descent, many of whom are legal aliens having the right to work in the U.S. The
employer implements a policy against hiring any non-U.S. citizens. This policy:
A. is expressly exempt from Title VII, by the Guidelines on Discrimination Because of
Religion or National Origin.
B. impermissibly denies individuals their Title VII-protected right to express their cultural
heritage.
C. does not, as a matter of law, violate Title VII.
D. could be found to discriminate on the basis of national origin resulting in disparate impact
discrimination in violation of Title VII.

Difficulty: 3 Hard

38. (p. 304) Margaret comes to work in clothes highly reflective of the national origin of her
ancestors, and which also happen to violate the dress code of the White City Dairy. She is told
to return home, and change into clothing that comports with the dress code.
A. Margaret has a claim under Title VII for national origin discrimination because she only
wears outfits reflective of the national origin of her ancestors on holidays.
B. White City can defend the dress code if customers or co-workers are "uncomfortable" with
how Margaret looks when she wears those clothes.
C. White City can defend the dress code if Margaret's national heritage outfit poses a safety
hazard.
D. White City can defend the dress code if it allows other employees to dress casually at work.

Difficulty: 2 Medium

7-11
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

39. (p. 315) An employee who produces a United States passport as proof of citizenship must also
produce which of the following to establish employment eligibility:
A. a U.S. social security card issued by the Social Security Administration.
B. an original or certified copy of a birth certificate from a state county or municipality of the
United States.
C. a U.S. citizen ID card (INS Form I-179).
D. None of the choices are correct.

Difficulty: 1 Easy

40. (p. 303) Omar Khaleel applied for a job as a bus driver with the Overland Omnibus
Corporation. His employer was worried that it might be dangerous to allow someone of Middle
Eastern descent to drive a large bus, loaded with 160 gallons of fuel, into the heart of the
downtown areas in the cities served by the company. Therefore, he asked Omar to submit a
more stringent background check than was used for other bus drivers. Eight months later, the
background check was completed and Omar was hired as a driver.
A. Omar has no basis for a claim under Title VII because Overland was just being prudent as a
result of the events of September 11, 2001.
B. Omar has no basis for a claim under Title VII because he was hired as a bus driver.
C. Omar can claim national origin discrimination under Title VII because he was treated
differently than other bus drivers based on his Middle Eastern descent.
D. Omar can claim national origin discrimination under Title VII because his employer had
difficulty pronouncing his name properly.

Difficulty: 1 Easy

7-12
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

41. (p. 304) Himiona wants to be a deputy sheriff in Outer Maple Grove County. Himiona, whose
family is from New Zealand, has Maori ancestors. To honor his heritage, Himiona has a small
moko tattoo across his cheeks and nose. Traditionally, moko was used to differentiate between
and within Maori social classes, including stating regional or tribal affiliation based on the
patterns and placement of the moko. The sheriff's department prohibits its deputy sheriffs from
wearing visible tattoos. Himiona is told that he will need to remove his moko before he can
apply to be a deputy sheriff.
A. Himiona will prevail on a claim for national origin discrimination under Title VII because
his tattoo honors his heritage.
B. Outer Grove can defend against Himiona's claim because a law enforcement agency needs to
have a uniform appearance and a dress code policy is permissible under Title VII as long as it is
enforced on an equal basis.
C. Outer Grove can defend against Himiona's claim because a tattoo is not immutable.
D. Himiona will prevail on a claim for national origin discrimination under Title VII because
his tattoo is small.

Difficulty: 3 Hard

42. (p. 313) Thomas hires Desai, an alien, to work for his firm. When he hired Desai, he required
Desai to produce the statutorily required documents demonstrating his right to work in the U.S.
The documents were clever forgeries, and Desai is actually an illegal alien.
A. Thomas cannot raise the fact that he required Desai to produce the statutorily required
documents demonstrating his right to work in the U.S., and that the documents were clever
forgeries as an affirmative defense to liability under IRCA.
B. Thomas can raise the fact that he required Desai to produce the statutorily required
documents demonstrating his right to work in the U.S., and that the documents were clever
forgeries as an affirmative defense to liability under IRCA.
C. Thomas can raise the fact that he required Desai to produce the statutorily required
documents demonstrating his right to work in the U.S., and that the documents were clever
forgeries as an affirmative defense to liability under IRCA, only if he can also show that he
relied, in good faith, on the genuineness of the documents.
D. Thomas is liable for Desai's subsequent loss of the right to work if the right to work existed
at the time of the hire.

Difficulty: 3 Hard

7-13
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

43. (p. 304) Henri runs a French restaurant. He wants his diners to have an authentic culinary
experience. Henri can avoid a claim of national origin discrimination and still screen his wait
staff by requiring that
A. an applicant speak French well, or have knowledge of French cuisine.
B. an applicant have a French passport.
C. an applicant see all 10 Pink Panther films.
D. an applicant have at least one cousin, parent or grandparent who comes from France.

Difficulty: 2 Medium

44. (p. 308) Phillip is a senior citizen from the neighborhood who is allowed to visit the Serenity
Senior Center even though he is neither a paying resident nor an employee. Every week, Phillip
yells derogatory comments about Asians to Lastri, an Indonesian employee. He pretends to lose
his balance and falls against her. He tells the residents that she is not qualified for her job and
needs to be more careful around senior citizens. Lastri complains to her supervisor who tells her
to ignore Phillip because he is just a strange old man. Lastri files a complaint of national origin
discrimination.
A. Serenity has no obligation to Lastri regarding Phillip because he is neither a customer nor an
employee.
B. Serenity is liable to Lastri for Phillip's harassment because it took no action to stop it.
C. Serenity is not liable to Lastri because Phillip is a strange old man.
D. Serenity is not liable to Lastri because Phillip's behavior is neither severe nor pervasive.

Difficulty: 2 Medium

7-14
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

45. (p. 312) Rex University has an opening for a reference librarian. Adjoa has a masters degree in
library science from the University of Ghana. She is a Ghanaian citizen. She taught library
science for 10 years at a university in South Africa. As a permanent resident of the United
States, she is authorized to work in the US. Adjoa applies for the job. Theresa, an American
citizen also applies for the job. She has a college degree in English and 2 years experience as a
library assistant at a university located not far from Rex. The selecting official hires Theresa
based on her experience working in a university library and a belief that Theresa will be a more
stable employee because she is an American citizen.
A. Adjoa has no basis for a complaint under IRCA because Theresa is qualified for the job.
B. Adjoa has a basis for a complaint under Title VII because she was denied the job based on
her citizenship.
C. Adjoa has a basis for a complaint under Title VII and IRCA because she was denied the job
based on her citizenship.
D. Adjoa has a basis for a complaint under IRCA because she was denied the job based on her
citizenship.

Difficulty: 3 Hard

46. (p. 316) Under ICRA, if an employee gains employment with false documentation but then
later obtains proper work authorization
A. the employer must notify the Department of Homeland Security so that the employee can be
prosecuted for perjury.
B. the employer should correct the relevant information on the Employment Eligibility
Verification Form (Form I-9).
C. the employer must fire the employee for misconduct based on falsification of the
employment application.
D. the employer must notify the Department of Homeland Security so that the employee can be
deported.

Difficulty: 1 Easy

7-15
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

47. (p. 304) Chenguang Lee, a female of Chinese national origin, was employed as a sales
representative at Monarch Recyclers International. Her supervisor, the Vice President for Sales,
Jim Oldham, persistently referred to her as "Charlene" instead of "Chenguang." Although she
objected and asked to be called by her proper name, Oldham continued to call her "Charlene"
for over a year. He told Chenguang that an American name would increase her chances for
success and would be more acceptable to Monarch's clientele. He referred to her as "Charlene"
over the telephone, during marketing meetings and in emails. Chenguang brings a complaint
under Title VII and §1981.
A. Monarch will not be liable to Chenguang because the use of "Charlene" is neither a racial
epithet nor a description of her physical ethnic traits.
B. Monarch will be liable to Chenguang because ethnic characteristics go beyond skin color
and other physical traits and can include names.
C. Monarch will not be liable to Chenguang because Oldham did not intend his use of
"Charlene" to be derogatory of her national origin.
D. Monarch will not be liable to Chenguang because Charlene is a popular American name.

Difficulty: 3 Hard

48. (p. 309-310) The Corey's Cupcakes operates a retail store for baked goods and provides catering
services, primarily in the neighborhood where it is located. It has 15 employees, including
bakers, sales staff, drivers and office personnel. Twelve of Corey's employees are Irish or
Italian and Catholic. Under the Guidelines on Discrimination Because of Religion or National
Origin, Corey's has an affirmative duty to engage in outreach and positive recruitment activities,
such as
A. the development of procedures to ensure equal employment opportunity.
B. establish meaningful contacts with religious and ethnic organizations to improve its
recruiting.
C. use religious and ethnic advertising for employment advertising.
D. None of the choices are correct.

Difficulty: 2 Medium

7-16
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

Essay Questions

49. (p. 305, 327) Morales, who speaks only English, owns and operates a large warehouse. Most of
his workers speak only English, and he requires that all of his employees speak English, and
that all communication in the workplace, which involves the performance of any job, be done in
English. A number of non-English speaking workers complain about the policy on the grounds
that they can converse in their native languages and still get the job done. If these non-English
speaking employees bring a claim of national origin discrimination on the basis of this policy,
what is Morales' best defense? Explain.

Morales' best defense is to demonstrate that the policy is a business necessity. This can be done,
regardless of whether the claim is brought under Title VII or IRCA, and requires that the
employer demonstrate that the policy is reasonably necessary for the running of the business.
Needs, such as the ability of all employees to understand what all other employees might be
saying, in order to accomplish their tasks and preserve workplace safety have been found to be
legitimate, as reasonably necessary.

Difficulty: 2 Medium

50. (p. 304) Franklin, a U.S. born individual of English ancestry, works for the China Lights
restaurant, which is owned and operated by two U.S. citizens of Chinese ancestry. Franklin's
coworkers Jin Pan and Dongping Jiang, also U.S. citizens of Chinese ancestry, are late for work
virtually everyday, but no action is take against them for this, even though the owners are aware
of Jin and Dongping's tardiness, and even though there is a stated workplace policy that an
employee reporting to work late, more than once in a sixty day period will be dismissed.
Franklin reports to work late twice, 55 days apart, and he is dismissed. Explain whether
Franklin has the basis for a national origin discrimination claim.

Franklin does have the basis of a claim for national origin discrimination. Title VII protects all
individuals against national origin discrimination, even if the country of an individual's origin is
the United States. The strict enforcement of the policy against Franklin, who is of English
ancestry, as compared to the complete lack of enforcement of the policy against individuals of
Chinese ancestry, when added to the Chinese ancestry of the owners of the restaurant, points
strongly to a case of disparate treatment on the basis of Franklin's national origin.

Difficulty: 3 Hard

7-17
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 07 - National Origin Discrimination

51. (p. 303) Distinguish between national origin and citizenship.

The term "national origin" refers to the country of origin of an individual or her ancestors, or the
physical, cultural, or linguistic characteristics of an origin group. The term "citizenship" refers
to membership in the group of individuals having the legal right to live within and enjoy the full
civil rights of a particular country.

Difficulty: 2 Medium

52. (p. 312) Paku is an American of Indonesian ancestry. He wants to work for Quality Movers as
a mover. Paku was a mixed martial arts fighter for five years and is very strong. However, when
he applies for a job at Quality, he is told that he is too short because all employees who work as
movers must be at least 5'7" and he is 5'4''. Quality is a family business run by Frank, his son
Randy and their wives who staff the office. They employ 6 other movers. Discuss whether Paku
can bring a case under Title VII or another law? What does he have to prove to prevail?

Paku cannot bring a case under Title VII because Quality employs less than 15 employees.
Paku may be able to bring a case under the Immigration Reform and Control Act (IRCA)
because it prohibits discrimination based on national origin and applies to employers with
fewer than 14 employees. Paku would need to show that he applied for the job, was qualified
and that the height requirement has a disparate impact on Indonesians and is not related to the
ability to do the job. However, in order to prevail under IRCA, unlike Title VII, Paku has to
show that the employer had a discriminatory intent.

Difficulty: 2 Medium

7-18
© 2012 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in
any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Another random document with
no related content on Scribd:
MAÎTRE D’HÔTEL SAUCE MAIGRE,[56] OR WITHOUT GRAVY.

56. Maigre, made without meat.

Substitute half a pint of good melted butter for the gravy, and add
to it the same seasonings as above. A double quantity of these
sauces will be needed when they are required to cover a large fish;
in that case they should be thick enough to adhere to it well. Melted
butter, 1/2 pint; seasoning of salt and pepper, or cayenne; minced
parsley, 2 to 3 teaspoonsful; juice, 1 small lemon.
For Cold Maître d’Hôtel Sauce, see Chapter VI.
THE LADY’S SAUCE.

(For Fish.)
Pound to a very smooth paste the inside coral of a lobster with a
small slice of butter, and some cayenne; rub it through a hair-sieve,
gather it together, and mix it very smoothly with from half to three-
quarters of a pint of sauce tournée or of cream fish-sauce, previously
well seasoned with cayenne and salt, and moderately with pounded
mace; bring it to the point of boiling only; stir in quickly, but gradually,
a tablespoonful of strained lemon-juice, and serve it very hot. When
neither cream nor gravy is at hand, substitute rich melted butter
mixed with a dessertspoonful or two of essence of anchovies, and
well seasoned. The fine colour of the coral will be destroyed by
boiling. This sauce, which the French call Sauce à l’Aurore, may be
served with brill, boiled soles, gray mullet, and some few other kinds
of fish: it is quickly made when the lobster butter of Chapter VI. is in
the house.
Coral of lobster, pounded; cream sauce, or sauce tournée
(thickened pale veal gravy), 1/2 to 3/4 pint; lemon-juice, 1
tablespoonful; salt, cayenne, and mace, as needed. Or: rich melted
butter, instead of other sauce; essence of anchovies, 2
dessertspoonsful; other seasoning, as above.
Obs.—The proportion of spices here must, of course, depend on
the flavouring which the gravy or sauce may already have received.
GENEVESE SAUCE, OR SAUCE GÉNÉVOISE.

Cut into dice three ounces of the lean of a well-flavoured ham, and
put them with half a small carrot, four cloves, a blade of mace, two or
three very small sprigs of lemon thyme and of parsley, and rather
more than an ounce of butter, into a stewpan; just simmer them from
three-quarters of an hour to a whole hour, then stir in a teaspoonful
of flour; continue the slow stewing for about five minutes, and pour in
by degrees a pint of good boiling veal gravy, and let the sauce again
simmer softly for nearly an hour. Strain it off, heat it in a clean
saucepan, and when it boils, stir in a wineglassful and a half of good
sherry or Madeira, two tablespoonsful of lemon-juice, some cayenne,
a little salt if needed, and a small tablespoonful of flour very smoothly
mixed with two ounces of butter. Give the whole a boil after the
thickening is added, pour a portion of the sauce over the fish (it is
served principally with salmon and trout), and send the remainder
very hot to table in a tureen.
Lean of ham, 3 oz.; 1/2 small carrot; 4 to 6 cloves; mace, 1 large
blade; thyme and parsley, 3 or 4 small sprigs of each; butter, 1 to 1-
1/2 oz.: 50 to 60 minutes. Veal gravy, 1 pint: 3/4 to 1 hour. Sherry or
Madeira, 1-1/2 glassful; lemon-juice, 2 tablespoonsful; seasoning of
cayenne and salt; flour, 1 tablespoonful; butter, 2 oz.: 1 minute.
Obs.—A teaspoonful or more of essence of anchovies is usually
added to the sauce, though it is scarcely required.
SAUCE ROBERT.

Cut four or five large onions into small dice, and brown them in a
stewpan, with three ounces of butter and a dessertspoonful of flour.
When of a deep yellow brown, pour to them half a pint of beef or of
veal gravy, and let them simmer for fifteen minutes; skim the sauce,
add a seasoning of salt and pepper, and at the moment of serving,
mix a dessertspoonful of made mustard with it.
Large onions, 4 or 5; butter, 3 oz.; flour, dessertspoonful; 10 to 15
minutes. Gravy, 1/2 pint: 15 minutes. Mustard, dessertspoonful.
SAUCE PIQUANTE.

Brown lightly in an ounce and a half of butter a tablespoonful of


minced eschalots or three of onions; add a teaspoonful of flour when
they are partially done; pour to them half a pint of gravy or of good
broth, and when it boils add three chilies, a bay-leaf, and a very
small bunch of thyme. Let these simmer for twenty minutes; take out
the thyme and bay-leaf, add a high seasoning of black pepper, and
half a wineglassful of the best vinegar. A quarter of a teaspoonful of
cayenne may be substituted for the chilies.
Eschalots, 1 tablespoonful, or three of onions; flour, 1 teaspoonful;
butter, 1-1/2 oz.: 10 to 15 minutes. Gravy or broth, 1/2 pint; chilies, 3;
bay-leaf; thyme, small bunch: 20 minutes. Pepper, plenty; vinegar,
1/2 wineglassful.
EXCELLENT HORSERADISH SAUCE.

(To serve hot or cold with roast beef.)


Wash and wipe a stick of young horseradish, scrape off the outer
skin, grate it as small as possible on a fine grater, then with two
ounces (or a couple of large tablespoonsful) of it mix a small
teaspoonful of salt and four tablespoonsful of good cream; stir in
briskly, and by degrees, three dessertspoonsful of vinegar, one of
which should be chili vinegar when the horseradish is mild. To heat
the sauce, put it into a small and delicately clean saucepan, hold it
over, but do not place it upon the fire, and stir it without intermission
until it is near the point of simmering; but do not allow it to boil, or it
will curdle instantly.
Horseradish pulp, 2 oz. (or 2 large tablespoonsful); salt, 1
teaspoonful; good cream, 4 tablespoonsful; vinegar, 3
dessertspoonsful (of which one should be chili when the root is mild).
Obs.—Common English salad-mixture is often added to the grated
horseradish when the sauce is to be served cold.
HOT HORSERADISH SAUCE.

(To serve with boiled or stewed meat or fish.)


Mix three ounces of young tender grated horseradish with half a
pint of good brown gravy, and let it stand by the side of the fire until it
is on the point of boiling; add salt if required, a teaspoonful of made
mustard, and a dessertspoonful of garlic or of eschalot vinegar; or
the same quantity of chili vinegar, or twice as much common vinegar.
Some cooks stew the horseradish in vinegar for ten minutes, and,
after having drained it from this, mix it with nearly half a pint of thick
melted butter.
Horseradish, grated, 3 oz.; brown gravy, 1/2 pint; made mustard, 1
teaspoonful; eschalot or garlic vinegar, 1 dessertspoonful (or chili
vinegar, the same quantity, or common vinegar twice as much).
CHRISTOPHER NORTH’S OWN SAUCE FOR MANY MEATS.

Throw into a small basin a heaped saltspoonful of good cayenne


pepper, in very fine powder, and half the quantity of salt;[57] add a
small dessertspoonful of well-refined, pounded, and sifted sugar; mix
these thoroughly; then pour in a tablespoonful of the strained juice of
a fresh lemon, two of Harvey’s sauce, a teaspoonful of the very best
mushroom catsup (or of cavice), and a small wineglassful of port
wine. Heat the sauce by placing the basin in a saucepan of boiling
water, or turn it into a jar, and place this in the water. Serve it directly
it is ready with geese or ducks, tame or wild; roast pork, venison,
fawn, a grilled blade-bone, or any other broil. A slight flavour of garlic
or eschalot vinegar may be given to it at pleasure. Some persons eat
it with fish. It is good cold; and, if bottled directly it is made, may be
stored for several days. It is the better for being mixed some hours
before it is served. The proportion of cayenne may be doubled when
a very pungent sauce is desired.
57. Characteristically, the salt of this sauce ought, perhaps, to prevail more
strongly over the sugar, but it will be found for most tastes sufficiently piquant
as it is.

Good cayenne pepper in fine powder, 1 heaped saltspoonful; salt,


half as much; pounded sugar, 1 small dessertspoonful; strained
lemon-juice, 1 tablespoonful; Harvey’s sauce, 2 tablespoonsful; best
mushroom catsup (or cavice), 1 teaspoonful; port wine, 3
tablespoonsful, or small wineglassful. (Little eschalot, or garlic
vinegar at pleasure.)
Obs.—This sauce is exceedingly good mixed with the brown gravy
of a hash or stew, or with that which is served with game or other
dishes.
GOOSEBERRY SAUCE FOR MACKEREL.

Cut the stalks and tops from half to a whole pint of quite young
gooseberries, wash them well, just cover them with cold water, and
boil them very gently indeed, until they are tender; drain and mix
them with a small quantity of melted butter, made with rather less
flour than usual. Some eaters prefer the mashed gooseberries
without any addition; others like that of a little ginger. The best way of
making this sauce is to turn the gooseberries into a hair-sieve to
drain, then to press them through it with a wooden spoon, and to stir
them in a clean stewpan or saucepan over the fire with from half to a
whole teaspoonful of sugar, just to soften their extreme acidity, and a
bit of fresh butter about the size of a walnut. When the fruit is not
passed through the sieve it is an improvement to seed it.
COMMON SORREL SAUCE.

Strip from the stalks and the large fibres, from one to a couple of
quarts of freshly-gathered sorrel; wash it very clean, and put it into a
well-tinned stewpan or saucepan (or into an enamelled one, which
would be far better), without any water; add to it a small slice of good
butter, some pepper and salt, and stew it gently, keeping it well
stirred until it is exceedingly tender, that it may not burn; then drain it
on a sieve, or press the liquid well from it; chop it as fine as possible,
and boil it again for a few minutes with a spoonful or two of gravy, or
the same quantity of cream or milk, mixed with a half-teaspoonful of
flour, or with only a fresh slice of good butter. The beaten yolk of an
egg or two stirred in just as the sorrel is taken from the fire will soften
the sauce greatly, and a saltspoonful of pounded sugar will also be
an improvement.
ASPARAGUS SAUCE, FOR LAMB CUTLETS.

Green cut the tender points of some young asparagus into half-
inch lengths, or into the size of peas only; wash them well, then drain
and throw them into plenty of boiling salt and water. When they are
quite tender, which may be in from ten to fifteen minutes, turn them
into a hot strainer and drain the water thoroughly from them; put
them, at the instant of serving, into half a pint of thickened veal gravy
(see sauce tournée, page 106), mixed with the yolks of a couple of
eggs, and well seasoned with salt and cayenne, or white pepper, or
into an equal quantity of good melted butter: add to this last a
squeeze of lemon-juice. The asparagus will become yellow if
reboiled, or if left long in the sauce before it is served.
Asparagus points, 1/2 pint: boiled 10 to 15 minutes, longer if not
quite tender. Thickened veal gravy, 1/2 pint; yolks of eggs, 2. Or:
good melted butter, 1/2 pint; lemon-juice, small dessertspoonful,
seasoning of salt and white pepper.
CAPER SAUCE.

Stir into the third of a pint of good melted butter from three to four
dessertspoonsful of capers; add a little of the vinegar, and dish the
sauce as soon as it boils. Keep it stirred after the berries are added:
part of them may be minced and a little chill vinegar substituted for
their own. Pickled nasturtiums make a very good sauce, and their
flavour is sometimes preferred to that of the capers. For a large joint,
increase the quantity of butter to half a pint.
Melted butter, third of pint; capers, 3 to 4 dessertspoonsful.
BROWN CAPER SAUCE.

Thicken half a pint of good veal or beef gravy as directed for sauce
tournée, and add to it two tablespoonsful of capers, and a
dessertspoonful of the pickle liquor, or of chili vinegar, with some
cayenne if the former be used, and a proper seasoning of salt.
Thickened veal, or beef gravy, 1/2 pint; capers, 2 tablespoonsful;
caper liquor or chili vinegar, 1 dessertspoonful.
CAPER SAUCE FOR FISH.

To nearly half a pint of very rich melted butter add six spoonsful of
strong veal gravy or jelly, a tablespoonful of essence of anchovies,
and some chili vinegar or cayenne, and from two to three
tablespoonsful of capers. When there is no gravy at hand substitute
a half wineglassful of mushroom catsup, or of Harvey’s sauce;
though these deepen the colour more than is desirable.
COMMON CUCUMBER SAUCE.

Pare, slice, dust slightly with pepper and with flour, two or three
young cucumbers, and fry them a fine brown in a little butter, or
dissolve an ounce and a half in a small stewpan or iron saucepan,
and shake them in it over a brisk fire from twelve to fifteen minutes;
pour to them by degrees nearly half a pint of strong beef broth, or of
brown gravy; add salt, and more pepper if required; stew the whole
for five minutes, and send the sauce very hot to table. A minced
onion may be browned with the cucumbers when it is liked, and a
spoonful of vinegar added to them before they are served.
Cucumbers, 2 or 3; butter, 1-1/2 oz.; broth or gravy, nearly 1/2 pint;
salt, pepper.
ANOTHER COMMON SAUCE OF CUCUMBERS.

Cucumbers which have the fewest seeds are best for this sauce.
Pare and slice two or three, should they be small, and put them into
a saucepan, in which two ounces, or rather more, of butter have
been dissolved, and are beginning to boil; place them high over the
fire, that they may stew as softly as possible, without taking colour,
for three-quarters of an hour, or longer should they require it; add to
them a good seasoning of white pepper and some salt, when they
are half done; and just before they are served stir to them half a
teaspoonful of flour, mixed with a morsel of butter; strew in some
minced parsley, give it a boil, and finish with a spoonful of good
vinegar.
WHITE CUCUMBER SAUCE.

Quarter some young quickly-grown cucumbers, without many


seeds in them; empty them of these, and take off the rinds. Cut them
into inch lengths, and boil them from fifteen to eighteen minutes in
salt and water; press the water from them with the back of a spoon,
and work them through a sieve; mix them with a few spoonsful of
béchamel, or thick white sauce; do not let them boil again, but serve
them very hot. A sauce of better flavour is made by boiling the
cucumbers in veal gravy well seasoned, and stirring in the beaten
yolks of two or three eggs, and a little chili vinegar or lemon-juice, at
the instant of serving. Another also of cucumbers sliced, and stewed
in butter, but without being at all browned, and then boiled in pale
veal gravy, which must be thickened with rich cream, is excellent. A
morsel of sugar improves this sauce.
Cucumbers, 3: 15 to 18 minutes. White sauce, 1/4 pint.
WHITE MUSHROOM SAUCE.

Cut off the stems closely from half a pint of small button
mushrooms; clean them with a little salt and a bit of flannel, and
throw them into cold water, slightly salted, as they are done; drain
them well, or dry them in a soft cloth, and throw them into half a pint
of boiling béchamel (see page 108), or of white sauce made with
very fresh milk, or thin cream, thickened with a tablespoonful of flour
and two ounces of butter. Simmer the mushrooms from ten to twenty
minutes, or until they are quite tender, and dish the sauce, which
should be properly seasoned with salt, mace, and cayenne.
Mushrooms, 1/2 pint; white sauce, 1/2 pint; seasoning of salt,
mace, and cayenne: 10 minutes.
ANOTHER MUSHROOM SAUCE.

Prepare from half to a whole pint of very small mushroom-buttons


with great nicety, and throw them into an equal quantity of sauce
tournée; when they are tender add a few spoonsful of rich cream,
give the whole a boil, and serve it. Either of these sauces may be
sent to table with boiled poultry, breast of veal, or veal cutlets: the
sauce tournée should be thickened rather more than usual when it is
to be used in this receipt.
Mushrooms and sauce tournée each, 1/2 to whole pint: stewed till
tender. Cream, 4 to 8 tablespoonsful.
BROWN MUSHROOM SAUCE.

Very small flaps, peeled and freed entirely from the fur, will answer
for this sauce. Leave them whole or quarter them, and stew them
tender in some rich brown gravy; give a full seasoning of mace and
cayenne, add thickening and salt if needed, and a tablespoonful of
good mushroom catsup.

You might also like