Full Test Bank Ch7 National Origin Discrimination And

Test Bank

Chapter 7

National Origin Discrimination and Immigration Issues

True/False

1. National origin is sometimes called ethnicity.

2. National origin discrimination is limited to the actual members of an ethnic group against whom discrimination is directed.

3. English is the official language of the United States.

4. Language proficiency is limited to only oral communication.

5. Any policy that creates an absolute bar to speaking languages other than English while at the workplace will be subject to strict scrutiny by the EEOC.

6. In Garcia v Spun Steak Company, it was ruled that an employer is not allowed to implement an English-only rule in response to racial or sexual harassment complaints.

7. Employers must notify employees of any English only work rules and the consequences of violating the rules, otherwise they are a violation of Title VII.

8. Illegal aliens are not protected under Title VII.

9. A foreign employer on U.S. soil may discriminate in favor of its own citizens if this is specifically permitted by treaty.

10. U.S. Citizens who work overseas for foreign employers are not protected under Title VII.

11. A U.S. citizen working in the United States for a foreign company is still afforded Title VII protection.

12. Employers who have federal contracts are required to use the e-verification system .

13. Under e-verify only individuals receiving job offers can have their SSANs verified.

14. The IRCA’s antidiscrimination provisions apply to smaller employers than those covered by EEOC enforceable laws.

15. Title VII may be violated during the verification process if individuals of one national origin group are subjected to greater scrutiny than individuals from other groups.

16. To facilitate inpatriation, the Immigration and Nationality Act permits the permanent hiring of alien workers in certain specialty occupations.

17. An alien’s H-1B status is good for a maximum of six years.

18. An H-1B visa is the proper name of a green card.

19. National origin discrimination under Title VII applies to foreign nationals residing in the United States just as it does to U.S. citizens.

20. Knowingly hiring illegal aliens exposes the employer to penalties under the Immigration Reform and Control Act.

Multiple Choice

1. __________ can be violated when a connection is made between unfavorable treatment in the workplace and an employee’s ethnic characteristics.

A. The ADA

B. Title VII

C. Inpatriation

D. English-only work rules

2. The chapter text claims that a substantial proportion of the American workforce’s projected growth is from __________.

A. both men and women working

B. more potential employees with higher educations

C. new births

D. immigration

3. Failure to achieve proficiency in __________ may limit an individual’s social and career mobility in the United States.

A. Russian

B. Spanish

C. English

D. French

4. Typically, language proficiency encompasses:

A. the ability to read in a language

B. the ability to write in a language

C. the ability to speak in a language

D. all of the above

5. English as an official language

A. validates English only work rules in that state

B. prohibits English only work rules in that state

C. requires all government documents must be in English

D. A & C

6. Employers who base employment decisions on foreign language proficiency must be able to justify such preferences as related to:

A. job performance.

B. skills sets

C. customer preference

D. coworker preference

7. Which is not a business related rationale that could justify the implementation of English-only rules?

A. communication with customers

B. communication with coworkers

C. communication with supervisors

D. communication with family

8. Which is not a guideline for English-only work rules?

A. must create a universal prohibition

B. must be justified

C. must describe consequences for noncompliance

D. must be communicated to all employees

9. Which of the following is a true statement?

A. Foreign employers who operate on U.S. soil may discriminate against women.

B. Foreign employers who operate on U.S. soil are expected to follow U.S. law.

D. Foreign employers who operate on U.S. soil may discriminate based on race.

D. None of these statements are true.

10. In employment law, Courts have ruled that illegal aliens are entitled to:

A. protection under Title VII.

B. the remedies of reinstatement and/or backpay.

C. both of the above

D. neither of the above

11. Before the __________, Title VII was enforced only within the United States and its territories.

A. Civil Rights Act of 1964

B. Equal Pay Act

C. Civil Rights Act of 1991

D. National Origin and the Immigration Reform and Control Act

12. __________ is a term which indicates that a U.S. law is being applied beyond the boundaries of the United States.

A. Invasive application

B. Extraterritorial application

C. Boundary statute

D. Border regulation

13. Laws which are extraterritorially applied only affect __________ companies operating on foreign soil.

A. American

B. Foreign

C. both American and foreign

D. U.S. law cannot be applied to foreign soil

14. Which of the following is not protected under Title VII or through the Civil Rights Act of 1991?

A. U.S. citizen working in Germany for a U.S. owned company

B. U.S. citizen working in Germany for a German owned company

C. U.S. citizen working in the U.S. for a German owned company

D. All of the scenarios above are covered by Title VII

15. Since the IRCA passed into law, illegal immigration has _______.

A. decreased

B. increased

C. remained constant

D. ceased to be a problem

16. Section 1324a of IRCA makes is unlawful for employers to knowingly hire, or to continue to employ __________.

A. residents with green card status

B. non-English speaking immigrants

C. undocumented workers

D. aliens with H-1B visas

17. Which is not a party legally authorized to work in the United States?

A. American citizens

B. resident aliens

C. aliens with permission from the attorney general to work in the U.S.

D. illegal aliens

18. Employers are required to show that new hires are legally working in the United States by having every employee complete a:

A. Form I-9

B. Form 10-K

C. Form I-2

D. Form 1324b

19. An employer must ensure that each employee has completed the Form I-9 within _____ business days of his or her hiring.

A. two

B. three

C. four

D. five

20. Which if the following documents may be used to establish both the employee identity and his or her authorization to work in the United States?

A. Driver’s license

B. U.S. Passport

C. birth certificate

D. Social Security card

21. __________ of the IRCA prohibits discrimination based on citizenship status, a proscription not encompassed by other anti-discrimination statutes.

A. Section VII

B. Form I-9

C. Section 1324b

D. E-verification

22. Violations of the __________’s antidiscrimination provisions are referred to as unfair immigration-related employment practices.

A. ADA

B. NAACP

C. OSHA

D. IRCA

23. The IRCA’s citizenship discrimination provisions effectively extend protection against discrimination based on national origin to all workplaces with at least __________ employees.

A. four

B. fourteen

C. fifteen

D. seven

24. A violation of the anti discrimination provisions in the IRCA is __________.

A. an extraterritorial application

B. inpatriation

C. an unfair immigration-related employment practice

D. the same as a violation of the ADA

25. The IRCA permits employers to give preference in hiring and recruiting of U.S. citizens over foreign nationals if the U.S. citizen is __________ the foreign national.

A. less qualified than

B. equally qualified as

C. related to

D. of the same national origin as

26. __________ is the recruiting and selection of foreign employees to work in facilities in the United States.

A. unfair immigration-related employment practice

B. extraterritorial application

C. inpatriation

D. none of the above

27. To initiate the inpatriation process, the __________ must petition the U.S. Citizenship and Immigration Services.

A. state legislature

B. U.S. employer

C. foreign employer

D. individual foreign alien

28. The __________ is a nonimmigrant visa.

A. H1-B

B. Q22

C. Form I-9

D. green card

29. A __________ is a card issued to immigrants granting them permanent residence.

A. Q22

B. H1-B

C. green card

D. Form 1-9

30. As of 2013, an alien could maintain his or her H-1B status for a maximum of:

A. six years

B. ten years

C. thirteen years

D. forever, as the H-1B grants permanent citizenship

Essay

1. In the text, what are some employment considerations that may trigger a national origin discrimination complaint?

2. When can employers impose English proficiency requirements for employment selection purposes? What four criteria must English-only work rules satisfy?

3. Under what circumstances can Title VII be extraterritorially applied? Are foreign nationals employed by the company under these circumstances also protected by Title VII?

4. What are the two (2) verification requirements for newly hired employees under IRCA? (4 points) How soon after hiring must verification be conducted?

a. • Personal identification [driver’s license, passport, picture ID]

• Authorization to work in the U.S. [Social Security card, passport, birth certificate, green card, etc.]

b. Three business days.

Pages: 191-192