PHR practice question 17 of 25

Lucas has asked his manager to take time off from work because of a holiday his religion celebrates. Fran agrees but tells Lucas that he will be inspecting his project work to ensure that the work is accurate and not suffering because of the requested time off. This is an example of what?

Full set: 165 questions
Answer options
A: Perpetuating past discrimination
B: Religious persecution in the workforce
C: Quality control
D: Disparate treatment Correct answer
Correct Answer:
D. Disparate treatment
Explanation

Disparate treatment is a form of intentional discrimination where an employer treats an employee differently based on a protected characteristic, such as religion. In this case, Lucas requested a religious accommodation, which is a protected activity. The manager, Fran, responded by subjecting Lucas to a different and more stringent standard of review ("inspecting his project work to ensure...accuracy") than would presumably be applied to other employees not taking religious leave. This differential treatment is directly linked to Lucas's protected characteristic and activity, constituting disparate treatment.

Why Incorrect

A. Perpetuating past discrimination: This involves policies that carry forward the effects of past discrimination, which is not what is happening in this specific interaction.
B. Religious persecution in the workforce: "Persecution" is an extremely strong term. "Disparate treatment" is the precise legal term for this form of employment discrimination.
C. Quality control: While quality control is a legitimate business practice, its selective and targeted application based on an employee's religious accommodation request makes it discriminatory.

References

1. U.S. Equal Employment Opportunity Commission. (n.d.). Title VII of the Civil Rights Act of 1964. EEOC.gov. Title VII prohibits discrimination based on religion, and EEOC guidance clarifies that this includes treating employees differently due to their religious practices.

2. U.S. Equal Employment Opportunity Commission. (n.d.). Facts About Religious Discrimination. EEOC.gov. This document states that an employment decision based on religious beliefs is illegal and that employees cannot be treated less favorably due to their religion.

3. Player, M. A. (2015). Federal Law of Employment Discrimination in a Nutshell (8th ed.). West Academic Publishing. (Chapter on Title VII, Section on Theories of Discrimination, defines disparate treatment as intentionally treating an individual differently because of a protected trait).

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