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Chapter 07 - National Origin Discrimination
Chapter 07
National Origin Discrimination
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
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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
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
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
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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
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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
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Chapter 07 - National Origin Discrimination
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
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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
Difficulty: 2 Medium
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
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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
Difficulty: 2 Medium
7-10
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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
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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
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.
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The Project Gutenberg eBook of El cor del
poble
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Title: El cor del poble
Drama en tres actes
Language: Catalan
1902
Personatges
Madrona… 60 anys
Passarell… 65 anys
Fidel… 26 anys
D. Albert… 60 anys
Boira… 65 anys
Xic… 30 anys
Epoca, actual.
Acte primer
Interior d’una habitació en un tercer pis d’una barriada obrera, que
denoti força netedat en tot, am les parets emblanquinades de poc,
sostre de revoltons am les vigues pintades de blau ultramar i els
sòcols d’ocre. Al mig del fons, la cuina, am xemeneia i escudellers
guarnits am plats i xicres d’ornaments i coloraines ben llampants. A
continuació dels fogons, l’aigüera, amb una aixeta de llautó, de la
que, quan convingui, en ragi aigua; a sota, la carbonera, amb una
portella de fusta; al damunt, un escorre-plats ple de pisa. A tot volt
del montant de la xemeneia, una cortineta de roba de rovell, i als
escudellers un farvalà de paper verd tot florejat. El còs general de la
cuina està revestit am rejoles blanques, de Valencia, am dibuixos de
fulles i flors verdes i rosades. A l’esquerra del fons, una finestra,
oberta, i en l’empit dos testos am dugues clavellines molt gemades
plenes de clavells blancs i rosats. Per aquesta finestra’s veu, entelat
per la boirina, un panorama de cases i fàbriques am les altes
xemeneies ben fumades: a l’ultim terme, sortint per clar, la franja del
mar, sota un cel tèrbol, emboirat per les glopades de fum de tot el
dia. Al primer terme de la dreta, la porta de l’escala, am trucador i
am reixeta pera mirar qui demana. A l’esquerra, dugues portes que
comuniquen als dormitoris. Al davant de l’aigüera, que no vingui al
centre de l’escena, una taula de fusta de pi, am les ales plegades. Del
sostre, caient al mig de la taula, penja un quinqué, amb el pampol
guarnit a tot volt per un serrell de paper verd. A l’angol de la dreta,
un armari cantoner, ple d’objectes de pisa de tota mena i altres
utensilis apropriats. A la paret de la dreta del fons, cada un
enquadrat en un marc ben senzill, els retrats d’en Pi i Margall i d’en
Clavé; i a l’altre costat, dos o tres quadros am diplomes i un dibuix
caligrafic. Convenientment repartides per l’escena, unes quantes
cadires de boga pintades de negre, am viuets grocs. Arran de
l’aigüera, penjat en un clau, un aixuga-mans. En un angol de la
cuina, una escombra i una xemeneia portatil. Hi ha un fogó encès,
amb una olla a sobre. A l’aigüera, un gibrell amb escarola en remull.
Damunt dels fogons, un canti de vidre, un saler, un ventall i una
mistera.
Xic Apa, apa: deseu les eines i a cobrar s’ha dit. Jo, estona ha que tinc
la setmanada a la butxaca.
Xic Sembla mentida que sigueu la dòna del Passarell! Vaia una
passarella n’hi ha de vós!
Xic Tant és que feu com que digueu: a mitja nit “La Fraternitat”
vindrà a fer-vos una cantada. Ja cal que tingueu amanides unes
quantes dotzenes d’ous i un parell de conills o de pollastres.
Madrona No. Se pot dir que, en tot avui, no m’he mogut de casa.
Xic La Roseta, la meva xicota, que pera aquestes coses té les mans de
plata.
Xic Jo estic en que aquest xicot no estimarà mai a cap dòna mentres
vós visqueu.
Xic Es que sí que us estima! Ja ho veig: com que vós vau recullir-lo…
Madrona El pobret!
Xic Quan vingui’l Passarell, digueu-li que no’s mogui de casa sense
que’s vegi am mi. Hem de parlar d’allò que ell ja sap.
Xic Tots tres hem d’anar a comprar les atxes pera aquesta nit.
Madrona Fatxendes!
Xic Bé: me’n vaig cap a dalt, que la mare estona ha que deu esperar-
me. Endavant, Madrona.
Don Albert Que per casualitat és aquí on viu una tal Madrona (fent
memoria), Madrona…
Xic Doncs, fins després. (Se’n va poc a poc, molt recelós, per la
primera porta de la dreta. A Don Albert.) Estigui bo.
Don Albert (fent una rialleta, molt amable) Doncs m’ha vist i ha
parlat am mi una altra vegada.
Don Albert ¿No recorda, farà cosa d’uns vinticinc anys, que un
diumenge, allà a mitja tarda, no sé si en aquesta mateixa casa o en
una altra de per aquestes barriades, va presentar-se-li una senyora ja
d’edat avançada, en companyia d’un senyor molt més jove que ella?
Madrona (seient) I vegi quina cosa més extranya: quan era menut,
menut, el volia portar a la Borderia.
Don Albert Però vostès són tant bons que no’s van despendre d’ell.
Madrona Encara que no hagués sigut per això. Vam pensar: “Vès
quina culpa té’l pobre infant si’ls seus pares no’l volen!…” I ens el
vam afillar.
Don Albert Perfectament.
Madrona (amb humilitat) Hem fet per ell tot lo que hem pogut, uns
tristos treballadors com som.
Don Albert Sí. Pera saber noticies del noi. La bona senyora està
disposada a regonèixer en Fidel com a fill i a tenir-lo pera sempre
més al seu costat.
Madrona Què!… Vol que’l noi ens deixi? Això no pot ser! Ell és
nostre! És meu!
Don Albert La seva mare era molt joveneta quan va posar-lo al món…
Un fals amor… una boja passió… Ja se’n pot fer càrrec.
Madrona Tot lo que vulgui. Però, fins ara no s’ha recordat d’ell?
Don Albert Se n’ha recordat sempre. Actualment s’han vençut tots els
obstacles: la senyora és viuda, se troba sola i amb una gran fortuna.
Jo soc el seu administrador.
Madrona (espurnejant-li’ls ulls) Si’l noi ens deixa, tant jo com el meu
home’ns morirem de tristesa!