QUESTION 34 Using the fact patter in Question #31: What role does DC&H's policy prohibiting Sexual Harassment in the workplace have in this case? A. It is important because establishes that the employer does not tolerate or condone sexual harassment and that the Evil Queen will investigate claims and take corrective action. B. It is of no consequence because this case involves a Tangible Employment Action. C. It is important because DC&H can argue that Snow White unreasonably failed to take advantage of the procedures made available to her. D. It is of no consequence because the Evil Queen failed to take action based on Snow White's complaint of sexual harassment in violation of the policy. QUESTION 35 Chapter 12: Pregnancy Discrimination - Use this fact pattern to answer Questions 35-38 Midtown School of Science and Technology" (Midtown) is a private high school for girls. Mary Jane Watson (MJ) was employed as a social studies teacher at the school. In the 8 years she had worked at Midtown she received some of the highest student evaluations as well as positive performance reviews from the social studies chairperson, Peter Parker. MJ was the volleyball coach and regularly assisted at the school on weekends and in the evenings if school activities required teacher supervision. MJ's devotion to the school and students was evident when one of the students was hospitalized after being bitten by a rare spider on a field trip. MJ visited the student daily until she was released and has continued to support the student who seems to have unusual abilities since the spider bite. In her 9th year at Midtown, MJ became pregnant and was thrilled at the thought of being a parent. She shared the good news with Midtown administrators who notified her that she was expected to resign because she was pregnant but not married. They expressed concern that her "condition" would set a poor example for the students and tarnish the public image of the school. They further claimed that her pregnancy would place a burden on the school because she would likely take numerous sick days which would require the hiring of a substitute teacher. MJ refused to resign and was fired. She filed a complaint with the EEOC alleging she was discriminated against because of her pregnancy in violation of Title VII and the Pregnancy Discrimination Act. Question #35: Which statements below support MJ's ability to establish a prima facie case of pregnancy discrimination under Title VII and the Pregnancy Discrimination Act? A. MJ is a pregnant woman and therefore she is a member of a protected classification. B. In her tenure at the school, MJ earned high student evaluations and positive performance evaluations. She was active in the school by participating in school related activities that required teacher supervision. She was qualified for her job. C. MJ was terminated from her teaching position only after announcing her pregnancy and therefore the school failed to treat her pregnancy neutrally when making its decision because it was the basis of the decision. D. All of the choices above. QUESTION 36 Using the facts in Question #35: What legitimate and non-discriminatory reason can the employer offer in defense to the lawsuit? A. Midtown High School is a private high school for girls with a mission to support academic achievement and career advancement of girls. Students who are taught by an unmarried and pregnant teacher are being taught by someone who undermines that mission. B. Midtown High School is a religious institution and exempt from Title VII prohibitions. C. Midtown High School does not have a legitimate and non-discriminatory reason for their action under this fact pattern. D. None of the choices above