BUSI530 Employment Law - Complete Course

BUSI530 Week 2 Assignment 1

Instructions

For this assignment, assume you are the owner of a small business in the Midwest with a sales force of ten people whose territories cover five states. Your sales force is commission-based, so their earnings depend on whether they exceed or fall short of their monthly sales quotas, which are determined by the company. At the time a salesperson joins the company, you have them sign an agreement acknowledging that they are independent contractors, not employees. The agreement prohibits them from representing any of your competitors, although they may do work for non-competing businesses. They must perform their sales duties themselves, and may not hire assistants without your approval and at no additional cost to your company. They are not reimbursed for travel, food, or lodging expenses. For convenience, they have access to cubicles at your main office, along with a laptop and cell phone, although they are not required to use the facilities or equipment. They do not receive benefits, such as sick leave, vacation, and holidays. They are paid monthly, and no payroll taxes or social security deductions are withheld from their checks. Since they are on the road a lot, you carry liability insurance. Your insurance broker told you that if they are injured while performing their duties, they could sue the company, so you told your workers' compensation carrier that they are employees so they would be covered by workers' compensation insurance. Although the salespeople are not required to report their hours worked each month, they are expected to meet or exceed sale quotas and complete monthly reports, indicating the number and names of clients contacted, follow-up calls, and related information documenting their activities. If they failed to meet their monthly sales quotas, they must provide a written explanation.

• Based on the above information, prepare a 4-6 page, double-spaced essay indicating whether the salespeople would more likely be considered as independent contractors or employees, based on the IRS 20-Factor Test.
• Please post by Sunday evening at 11:59 p.m. CT.
• The assignment covers material from the text for Week 2. Be sure to read the assignment carefully.
• You should prepare the assignment using the following guidelines:
1. A 12-point Times New Roman or similar business font,
2. Submitted in Word format (docx, doc, or rtf file formats),
3. Style and citations should follow the 6th edition of the APA Manual.
• The assignment is worth 150 points.

 

BUSI530 Week 4 Midterm Exam SCORE 100 PERCENT

 

Question 1 (4 points)

 

Myra provides accounting services as an independent contractor for Great Northern. Because of this relationship, Great Northern is responsible for withholding and paying Myra's employment taxes, including federal unemployment compensation (FUTA), Social Security (FICA) and FICA excise tax.

Question 1 options:

            1) True

            2) False

 

Question 2 (4 points)

 The Health Insurance Portability and Accountability Act permits employers to use protected health information in making employment decisions without prior consent.

Question 2 options:

            1) True

            2) False

 

Question 3 (4 points)

 Affirmative action mandates hiring of underrepresented groups, regardless of their qualification for the job.

Question 3 options:

            1) True

            2) False

 

Question 4 (4 points)

The only time that a discussion of race should be initiated in a workplace is in the midst of an allegation of racial discrimination.

Question 4 options:

            1) True

            2) False

 

Question 5 (4 points)

If the Equal Employment Opportunity Commission (EEOC) concludes that a workplace discrimination claim does not violate Title VII of the Civil Rights Act of 1964, the employee has no right to pursue the matter further in any court.

Question 5 options:

            1) True

            2) False

 

Question 6 (4 points)

The USA PATRIOT Act requires an employer to obtain a judicial warrant to grant access to sensitive data. A court order is not sufficient.

Question 6 options:

            1) True

            2) False

 

Question 7 (4 points)

For employers, passage of Title VII of the Civil Rights Act of 1964 meant that virtually any employment decision could be challenged by an employee or applicant who falls within the Title VII categories.

Question 7 options:

            1) True

            2) False

 

Question 8 (4 points)

In a disparate treatment case, the plaintiff must be able to demonstrate that the employer had an "evil" intent to discriminate.

Question 8 options:

            1) True

            2) False

 

Question 9 (4 points)

In a claim of reverse race discrimination, the ultimate burden of persuasion remains always on the defendant.

Question 9 options:

            1) True

            2) False

 

Question 10 (4 points)

An employee who is subject to discipline has a right to request that a co-worker be present as a witness during an investigatory interview.

Question 10 options:

            1) True

            2) False

 

Question 11 (4 points)

The main reason for passing Title VII, and the first of the prohibited categories is race.

Question 11 options:

            1) True

            2) False

 

Question 12 (4 points)

An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate, non-discriminatory reason for the action taken against the charging party.

Question 12 options:

            1) True

            2) False

 

Question 13 (4 points)

The American legal system is based on stare decisis, a system of using legal precedent.

Question 13 options:

            1) True

            2) False

 

Question 14 (4 points)

Quotas are a necessary part of any affirmative action plan.

Question 14 options:

            1) True

            2) False

 

Question 15 (4 points)

An English-only rule may be used at a workplace if it is needed to promote the safe or efficient operation of the employer's business.

Question 15 options:

            1) True

            2) False

 

Question 16 (4 points)

One criteria for determining whether a worker is an employee or an independent contractor is the economic realities test. Under the economic realities test, a court considers whether a worker is economically dependent on the business, or is in business for himself or herself.

Question 16 options:

            1) True

            2) False

 

Question 17 (4 points)

The discharge of a teacher from her services is upheld when, although fluent in English, she spoke with such a thick accent that her students found it difficult to follow her.

Question 17 options:

            1) True

            2) False

 

Question 18 (4 points)

Citizenship and national origin are the same.

Question 18 options:

            1) True

            2) False

 

Question 19 (4 points)

The Drug-Free Workplace Act of 1988 prohibits the drug testing of federal employees under all circumstances.

Question 19 options:

            1) True

            2) False

 

Question 20 (4 points)

During the hiring process, an employer may ask whether an applicant will need a reasonable accommodation during the hiring process.

Question 20 options:

            1) True

            2) False

 

Question 21 (4 points)

Valuing diversity means being sensitive to and appreciative of differences among groups, and using those differences as a positive force to increase productivity and efficiency.

Question 21 options:

            1) True

            2) False

 

Question 22 (4 points)

If the parties involved in a workplace discrimination case reach an agreement through mediation, that agreement is as binding as any other settlement agreement.

Question 22 options:

            1) True

            2) False

 

Question 23 (4 points)

The Electronic Communications Privacy Act permits an employer to monitor an employee's telephone calls when the equipment used for the call is what is used in the ordinary course of business.

Question 23 options:

            1) True

            2) False

 

Question 24 (4 points)

An employer may decide to not hire an applicant solely because they wear a headscarf or turban if there is a policy in place stating that employees may not wear hats, etc. at work.

Question 24 options:

            1) True

            2) False

 

Question 25 (4 points)

Agency law, based on the traditional law called master and servant, governs employment relationships.

Question 25 options:

            1) True

            2) False

 

Question 26 (4 points)

To claim a prima facie case for national origin discrimination, an employee needs to prove that:

Question 26 options:

1)         his or her employer's job requirements exceed his or her qualifications.

2)         his or her position was filled by someone who is a member of the same protected class that he or she belongs to.

3)         his or her employer's employment decision caused an adverse employment action to him or her.

4)         his or her employer's employment decision or action was a business necessity.

 

Question 27 (4 points)

HealthSmart, a private hospital, employs five workers of Hispanic descent in its maintenance department. Though they were told that they would be performing different tasks on a rotation basis, the maintenance supervisor assigns only the five of them, out of the total 20 maintenance employees, to clean the morgue and the basement every time. Although they requested the hospital's management to change their duties, no changes were made. Which of the following holds true in this case?

Question 27 options:

1)         HealthSmart will be liable for national origin discrimination because it illegally segregated the employees based on their national origin, resulting in disparate treatment.

2)         HealthSmart will not be liable for national origin discrimination based on the court's ruling in Garcia v. Spun Steak Co.

3)         HealthSmart will be liable for national origin discrimination because Title VII of the Civil Rights Act of 1964 provides protection against discrimination based on country of citizenship.

4)         HealthSmart will not be liable for national origin discrimination because the Fair Labor Standards Act (FLSA) allows employers to discriminate in favor of U.S. citizens.

 

Question 28 (4 points)

Rasheed, a black man with a bachelor's degree in physical education, applies for a job at a gym along with a white friend who has the same qualifications. Although his friend gets an interview call from the gym, Rasheed does not receive any interview calls. Suspecting that his application was rejected due to his first name, Rasheed submits an identical résumé to the same gym but changes his first name on the résumé. Consequently, he is invited for an interview. In this scenario, Rasheed was likely a victim of:

Question 28 options:

1)         disparate impact because of his association with someone of a particular race.

2)         constructive discharge under Title VII of the Civil Rights Act of 1964.

3)         discrimination based on the perception of his race.

4)         reverse discrimination under 42 U.S.C. section 1983.

 

Question 29 (4 points)

National origin was included in Title VII's list of protected classes:

Question 29 options:

1)         As a last-minute attempt to add controversy to the legislation so that it would not be enacted.

2)         To ensure that employers do not make employment decisions based on preconceived notions about employees' or applicants' country of origin.

3)         To satisfy international critics of the legislation who suggested that the protection it afforded was simply not enough.

4)         To ensure that illegal immigrants are given a fair chance at employment.

 

Question 30 (4 points)

The Ninth Circuit Court of Appeals developed a balancing test to assist in balancing an individual's need to know the information and the employee's right to privacy. The four factors are:

Question 30 options:

1)         the public's interest in disclosure of the information; whether the employee signed a blanket disclosure agreement covering the information; the degree of invasion of personal privacy, whether the employee's desire to keep the information confidential is reasonable

2)         the individual's interest in disclosure of the information; the public's interest in disclosure; the degree of invasion of personal privacy; and whether there are other means to obtain the information

3)         the reasonableness of the employee's desire to keep the information private; the benefits to the public of making the information available; whether there are other ways to obtain the information; an explanation of why the information is needed

4)         an explanation of the need for the information; the employee's consent to the discovery and disclosure of the information; the public's interest in the information; whether there are other means to obtain the information.

 

Question 31 (4 points)

In the absence of age as a bona fide occupational qualification (BFOQ), the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual ________ years of age or older.

Question 31 options:

1)         21

2)         35

3)         40

4)         70

 

Question 32 (4 points)

Under common law, employers can be found liable for fraud in recruitment if they:

Question 32 options:

1)         fill a job position by promoting from within the company.

2)         use word-of-mouth recruiting to obtain new employees.

3)         offer all candidates the same information about a position or their company.

4)         allow an applicant to believe something about a job that they know is false.

 

Question 33 (4 points)

Green Oval Electronics employs approximately 2,700 employees. During a recent workforce survey, it was found that 97 percent of the company's managers are white, although only 62 percent of the company's entire workforce is white. The company decided to implement a voluntary affirmative action plan that would reserve 25 percent of the openings in a managerial development program for blacks and other minorities, only until the percentage of minority employees working as supervisors was representative of the percentage of available minorities in the local labor force. Which of the following holds true in this scenario?

Question 33 options:

1)         This affirmative action plan is illegal because under Executive Order 11246, only a 10 percent quota is permitted.

2)         This affirmative action plan is legal because Title VII of the Civil Rights Act of 1964 mandates employers to protect the interests of minorities and women by setting employment quotas.

           

3)         This affirmative action plan is legal because it is temporary and does not unnecessarily infringe on the rights of white employees.

4)         This affirmative action plan is illegal because it discriminates against white employees.

 

Question 34 (4 points)

Justin was employed as an auto mechanic with Madison & Sons Auto Shop. Mr. Madison employed 20 mechanics in each of his facilities in Denver, Colorado. Justin was the only African-American mechanic and had been employed by Mr. Madison for approximately nine years. He applied for a promotion to chief mechanic on four separate occasions and each time, the promotion was given to a white male with less seniority and less experience. After being denied the promotion for the fifth time, Justin filed a discrimination claim with the Equal Employment Opportunity Commission (EEOC). Justin's employment was terminated by Mr. Madison after the EEOC contacted Mr. Madison concerning the claim. Which of the following will hold true in this scenario?

Question 34 options:

1)         Mr. Madison may be found liable for violation of the antidiscrimination and the antiretaliation provisions under the Civil Rights Act of 1964.

2)         Mr. Madison cannot be held liable because Title VII of the Civil Rights Act of 1964 covers only employers with more than 50 employees.

3)         Mr. Madison cannot be held liable because Justin is an at-will employee.

4)         Mr. Madison can use the bona fide occupational qualification (BFOQ) defense to protect himself against Justin's discrimination claim.

 

Question 35 (4 points)

After the Equal Employment Opportunity Commission (EEOC) completes its investigation in an employment discrimination case, ________.

Question 35 options:

1)         it gives the employee a dismissal and a right-to-sue letter if no reasonable cause for the employee's discrimination complaint is found

2)         the EEOC requires the employer to pay compensatory damages within 30 days of the discriminatory event

3)         either party cannot ask for reconsideration of the EEOC's decision

4)         the employee is prohibited from pursuing the matter further in federal court if he or she is not satisfied with the EEOC's ruling

 

Question 36 (4 points)

Which of the following is the function of a motion for summary judgment?

Question 36 options:

1)         If a party wins a motion for summary judgment, the case is remanded to a lower court.

2)         If a party wins a motion for summary judgment, it means one of the parties did not like the facts found in the court and may appeal based on errors of law.

3)         If a court grants a motion for summary judgment, it means that it will determine the issues and grant a judgment in favor of one of the parties.

4)         If a court grants a motion for summary judgment, it means that it has determined that there is a need for the case to proceed to trial.

 

Question 37 (4 points)

Pat, a black woman, had been working as an associate photographer for Style Trends magazine for five years. When the chief photographer position opened up, Pat applied for the position but did not get selected. Instead, Sharon, a white woman, was appointed as the chief photographer. Even though Pat was aware that Sharon had better qualifications and experience to be a chief photographer, she filed a racial discrimination claim with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this scenario?

Question 37 options:

1)         Pat's complaint will likely prevail under the business necessity defense.

2)         Pat's complaint will likely not prevail because not every decision that is arbitrary or unfair is discrimination.

3)         Pat's complaint will likely not prevail because Title VII of the Civil Rights Act of 1964 prohibits promotions from within an organization.

4)         Pat's complaint will likely prevail because an employee can be hired or promoted simply because he or she belongs to a protected class.

 

Question 38 (4 points)

Which information below is NOT legally protected (i.e., it can be legally accessed by the employer) under U.S. privacy law?

Question 38 options:

1)         an employee's criminal record

2)         that obtained by a search of the employee's body or physical space (so by a pat-down or body search)

3)         the contents of an employee's phone call made using the employer's phone, on the employer's premises, during working hours

4)         the contents of an employee's private e-mail, accessed on a work computer

 

Question 39 (4 points)

Once an employee has articulated a prima facie case of discrimination based on national origin, the burden falls on his or her employer to:

Question 39 options:

1)         prove that there has been a violation of the doctrine of promissory estoppel.

2)         identify a bona fide occupational qualification (BFOQ).

3)         show that the employee belongs to a protected class.

4)         establish that no other employee was subjected to such disparate treatment.

 

Question 40 (4 points)

Which of the following is true about constitutional protections available to public employees and/or private employees for inappropriate disclosure of personal information by their employer?

Question 40 options:

1)         Constitutional protection applies only to employees of federal agencies, and not employees of private employers.

2)         Employees of private employers enjoy constitutional protections, while employees of public employers do not.

3)         Public employees and private employees enjoy equal constitutional protections.

4)         Employees of private employers enjoy more constitutional protection than public employees.

 

Question 41 (4 points)

 Title VII's (of the Civil Rights Act of 1964) ban on racial discrimination applies:

Question 41 options:

1)         specifically to black and Hispanic people.

2)         to all citizens equally.

3)         to all member countries of the United Nations.

4)         only to black people.

 

Question 42 (4 points)

Constructive discharge exists when an:

Question 42 options:

1)         employer terminates a group of employees together for a legitimate, non-discriminatory reason.

2)         employer terminates an employee after providing 90 days' advance notice.

3)         employee is fired for engaging in constitutionally protected activities.

4)         employee sees no alternative but to quit her or his position; that is, the act of leaving was not truly voluntary.

 

Question 43 (4 points)

Which of the following statements is true of affirmative action?

Question 43 options:

1)         Under affirmative action, an applicant can simply be a female or a minority to be placed in a job.

2)         Minorities and females cannot be terminated from their jobs for any cause under affirmative action plans.

3)         Affirmative action requires employers to remove qualified whites and males from their jobs and give these jobs to minorities.

4)         Workplace productivity and efficiency do not suffer under affirmative action plans.

 

Question 44 (4 points)

Which of the following best relates to the employment-at-will doctrine?

Question 44 options:

1)         An employer can terminate an employee for any reason as long as the reason is not prohibited by law.

2)         An employer is free to discriminate against employees based on their gender, race, religion, or national origin.

3)         A government employee usually loses his or her constitutional rights when on the job.

4)         Highly paid skilled workers in building and construction trades can pass their jobs on to a family member when they retire.

 

Question 45 (4 points)

Who among the following has committed the tort of slander?

Question 45 options:

1)         A manager who searchers an employee's office without consent

2)         A manager who negligently reveals private information about an employee to another employee

3)         A manager who gives false, defamatory information about a former employee while on a conference call

4)         A manager who monitors an employee's private e-mail

 

Question 46 (4 points)

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, the:

Question 46 options:

1)         employer impermissibly violates Title VII of the Civil Rights Act, which protects the ability of workers to express their cultural heritage at the workplace.

2)         employer's policy is not unlawful because all individuals, irrespective of their national origin, are required to speak English in the United States.

3)         employer is much safer from a charge of national origin discrimination than an employer who only enforces the policy in certain areas and at certain times.

4)         employer's policy is presumptively discriminatory according to the Equal Employment Opportunity Commission (EEOC).

 

Question 47 (4 points)

Under the Americans with Disabilities Act of 1990, employers are strictly prohibited from asking job applicants with disabilities about:

Question 47 options:

1)         the different languages they can read, speak, or write.

2)         past experience with workers' compensation.

3)         their experience working with a certain age group.

4)         skills they acquired in their previous jobs.

 

Question 48 (4 points)

Magda comes to work in clothes that are highly reflective of her national origin. This happens to violate the dress code of her workplace. After being politely asked to follow the office dress code several times by her supervisor, Magda is finally asked to return home and change into clothing that conforms to the company's dress code. Which of the following holds true if Magda decides to file a discrimination claim based on national origin?

Question 48 options:

1)         The employer can defend the dress code if it can show that Magda's attire overlaps with her religion.

2)         Magda has a claim under Title VII of the Civil Rights Act of 1964 for national origin discrimination because it guarantees her the right to freedom of cultural expression.

3)         Magda's employer can defend the dress code because Title VII of the Civil Rights Act of 1964 does not require an employer to accommodate an employee's attire of national origin.

4)         Magda has a claim under Title VII the Civil Rights Act of 1964 for national origin discrimination if she can prove that her attire does not encourage other employees to dress casually.

 

Question 49 (4 points)

An affirmative action plan under E.O. 11246:

Question 49 options:

1)         prohibits termination of women or minorities, even if they cannot effectively perform the necessary elements of their job.

2)         is developed without input or consent of the employer.

3)         is a management tool—integral to conducting business.

4)         interferes with the effective management of the business by mandating the hire of unqualified, inexperienced employees.

 

Question 50 (4 points)

The federal agency with primary responsibility for handling most employment discrimination claims under federal law is the:

Question 50 options:

1)         Office of Federal Contract Compliance Programs (OFCCP)

2)         Department of Justice (DOJ)

3)         Equal Employment Opportunity Commission (EEOC)

4)         Federal Civil Rights Agency (FCRA)

 

BUSI530 Week 6 Dropbox Assignment 2

For this assignment, you are to select one of the four cases listed below dealing with employment discrimination based on age and religion. Prepare a paper in which you discuss the facts of the case, the relevant provisions of the statute, and how the court interpreted and applied the provisions of the statute to the issues presented in the selected case.

Age Discrimination (Age Discrimination in Employment Act) Cases

• Reeves v. Sanderson Plumbing Products, Inc., 530 US 133 (2000). Retrieved from https://www.oyez.org/cases/1999/99-536.
• Gross v. FBL Finance Services, Inc., 557 U.S. 167 (S. Ct. 2009). Retrieved from https://caselaw.findlaw.com/us-supreme-court/557/167.html.

Religious Discrimination (Title VII of the Civil Rights Act of 1964)  Cases

• Peterson v. Hewlett-Packard Co., 358 F3d 599 (9^th Cir. 2004). Retrieved from http://caselaw.findlaw.com/us-9th-circuit/1423047.html.
• EEOC v. Abercrombie & Fitch Stores, 575 US _____ (2015). Retrieved from https://www.oyez.org/cases/2014/14-86.

Your paper should begin with a discussion of the essential facts of the case, including a brief summary of the lower court decision(s) which gave rise to the appeal. Your discussion of the facts should be followed by a detailed analysis of the case. Your analysis should indicate what legal issues are presented in the case – in other words, what issues is the Court attempting to address and resolve? Some cases might have only a single issue, while others may have more than one. After you have described the facts and identified the legal issues presented, you should identify the relevant provisions of the law that the Court is interpreting in the case. In other words, what is the rule of law that governs the Court's analysis of the case? Finally, you should summarize the Court's decision, or holding, in the case, and discuss how the Court reached its decision. You should also consider and discuss the practical implications of the Court's decision for both the employer and the employee.

Your assignment should be in the form of an paper analyzing and discussing a case or set of facts pertaining to one or more areas of employment law.

• Your paper should be from 6-8 pages in length, in Word format, and should be double-spaced using a 12-point Times New Roman or similar business font.
• You may consult up to three (3) outside sources, although you are not required to utilize outside sources.
• Follow the 6^th Edition of the APA manual for documentation, if you do consult outside sources.
• Upload your paper by Sunday evening at 11:59 p.m. CT.

 

BUSI530 Week 8 Final Exam (49 out of 52 correct)

Question 1 (5 points)

 Employers must adopt policies accommodating LGBT employees in the workplace. It is the right thing to do, and besides non-LGBT employees don't have any real basis for disagreeing with such a policy.

Question 1 options:

            1) True

            2) False

Question 2 (5 points)

 An individual reporting sexual harassment may request that their alleged harasser not be informed of the investigation out of fear of retaliation. The employer should not agree to this, and the alleged harasser should be informed of the investigation so that his/her side of the story is on the record too.

Question 2 options:

            1) True

            2) False

Question 3 (5 points)

 If an employee develops a religious conflict during the course of his employment (i.e., it was not present when he first worked for the employer), then the employer is under no duty to find an accommodation for that employee's religious belief.

Question 3 options:

            1) True

            2) False

Question 4 (5 points)

 Workers' compensation laws are generally no-fault, which means that workers injured on the job are entitled to recover from their injuries without having to prove who is at fault.

Question 4 options:

            1) True

            2) False

 

Question 5 (5 points)

Under the Equal Pay Act, the content of the job, rather than the job title or description, determines the comparison of whether two jobs are substantially the same.

Question 5 options:

            1) True

            2) False

Question 6 (5 points)

The Genetic Information Nondiscrimination Act (GINA) prohibits employers from collecting genetic information and from considering someone's genetic background in any employment-related decisions such as hiring or firing.

Question 6 options:

            1) True

            2) False

 

Question 7 (5 points)

The National Labor Relations Act created the National Labor Relations Board, an independent federal agency.

Question 7 options:

            1) True

            2) False

 

Question 8 (5 points)

The ADEA permits younger employees to pursue a kind of "reverse-discrimination" lawsuit, alleging that they were discriminated against in favor of an older worker.

Question 8 options:

            1) True

            2) False

Question 9 (5 points)

 

An individual must have an actual disability in order to be protected under the ADA.

Question 9 options:

            1) True

            2) False

Question 10 (5 points)

 

In hostile work environment sexual harassment any incident, no matter how seemingly small or insignificant, can constitute sexual harassment.

Question 10 options:

            1) True

            2) False

Question 11 (5 points)

 

In general, federal employees are permitted to bargain over wages, hours and benefits, but cannot bargain over things like the numbers, types and grades of positions.

Question 11 options:

            1) True

            2) False

Question 12 (5 points)

 

Prior to the Civil Rights Act of 1964, it was common for states to have laws that limited or prohibited women from working at certain jobs, under the theory that such laws were for the protection of women.

Question 12 options:

            1) True

            2) False

Question 13 (5 points)

 

ERISA (the Employee Retirement Income Security Act) contains provisions affecting retirement and welfare plans.

Question 13 options:

            1) True

            2) False

Question 14 (5 points)

 

Employers need to be concerned with the possibility of religious harassment in the workplace —for example, nonreligious employees complaining that they are being harassed by religious employees.

Question 14 options:

            1) True

            2) False

Question 15 (5 points)

 

The Defense of Marriage Act (DOMA) defined marriage, for federal purposes, as between any two individuals, regardless of their gender identities or sexual orientations.

Question 15 options:

            1) True

            2) False

Question 16 (5 points)

 

Fetal protection policies are designed to protect pregnant employees or their fetuses. They do not provide protection for men, even where a man may be adversely impacted by the same condition.

Question 16 options:

            1) True

            2) False

Question 17 (5 points)

 

The requirement of reasonable accommodation for a disabled employee means that an employer must create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job.

Question 17 options:

            1) True

            2) False

Question 18 (5 points)

 

In states that have not waived sovereign immunity, state employees are barred from suing their employers under ADEA.

Question 18 options:

            1) True

            2) False

Question 19 (5 points)

 

The Taft-Hartley Act identifies and prohibits unfair labor practices that can be committed by unions.

Question 19 options:

            1) True

            2) False

Question 20 (5 points)

 

Doug occasionally compliments his secretary when he arrives at the office, saying things like, "Mrs. Woods, you look nice today," or "That's a nice dress." In this case, Mrs. Woods would not have a claim for sexual harassment.

Question 20 options:

            1) True

            2) False

 

 

Quiz

Page 2 of 3

Question 21 (5 points)

                                                            

ADEA has strict recordkeeping requirements for employees and applicants.

Question 21 options:

            1) True

            2) False

Question 22 (5 points)

 

If a state child labor law is stricter than the federal law, the federal law supersedes the state law.

Question 22 options:

            1) True

            2) False

Question 23 (5 points)

 

One of the factors that the courts will look at when deciding if an employer has reasonably accommodated an employee's religious conflict is whether other employees are willing to assist in the accommodation.

Question 23 options:

            1) True

            2) False

Question 24 (5 points)

 

The Lewisburg Fire Department advertisement advertises for individuals to be a part of its next academy class. The ad states that applicants must be at least 5'8", and must be capable of carrying at least 100 lbs up a series of 6 steps. The Lewisburg Fire Department will not have any Title VII gender discrimination issues since neither criteria is gender related.

Question 24 options:

            1) True

            2) False

Question 25 (5 points)

 

Sexual harassment claims are covered under Title VII even if employees are of the same gender; however harassment based on sexual orientation is not covered under Title VII.

Question 25 options:

            1) True

            2) False

Question 26 (5 points)

 

An employer will not be held responsible under the Occupational Safety and Health Act (OSHA) for workplace hazards or injuries where the harm is the result of reckless behavior by an employee.

Question 26 options:

            1) True

            2) False

 

Question 27 (5 points)

Sexual harassment class action trials are rare mainly because:

Question 27 options:

           

1)         most cases are settled rather than litigated as a means of avoiding bad publicity and the possibility of even greater damages if the matter goes to trial.

2)         the Equal Employment Opportunity Commission has limited power to enforce sexual harassment claims.

3)         the Civil Rights Act of 1991 is not clear about what constitutes sexual harassment and what does not.

4)         claimants are not entitled to any compensatory damages on winning the claim.

 

Question 28 (5 points)

Carrie, aged 59, is employed as a makeup artist with a local department store. The company hires a new manager, Roger. Roger fires Carrie and gives her job to Kellie, aged 42. Under the Age Discrimination in Employment Act, Carrie:

Question 28 options:

           

1)         does not have a valid claim because Carrie's replacement must be at least 20 years younger than Carrie.

2)         has a valid claim because the employer did not correctly apply the provisions of the Old Workers' Benefit Protection Act.

3)         has a valid claim even though her replacement is a member of the protected class.

4)         does not have a valid claim because the person who hired her is not the one who fired her.

 

Question 29 (5 points)

 

An employee may successfully sue for religious discrimination on the basis of all of the following except:

Question 29 options:

1)         the employee is terminated because the employee refuses to work on a particular day because it is their Sabbath

2)         the employee refuses to pay employment-based taxes because they believe that the government does not have the right to collect them

3)         the employee believes their religion requires them to dress in a particular way and they are terminated for not following the employer's dress code

4)         the employee is denied a request to take certain days off that represent religious holidays

 

Question 30 (5 points)

Katie is a qualified carpenter who works for Kent Construction Inc. Kent Construction is losing business as most clients do not like the idea of female construction workers working on their project. They often complain that they cannot trust the work of a female employee. On this basis, Kent Construction fires Katie. Which of the following statements is true in this situation?

Question 30 options:

1)         Kent Construction is not liable for gender discrimination as it can use the bona fide occupational qualification defense.

2)         Kent Construction is liable for gender discrimination because Katie was hired for a job that requires being male as a bona fide occupational qualification.

3)         Kent Construction is not liable for gender discrimination because of the business necessity defense.

4)         Kent Construction is liable for gender discrimination as customer preference is not a legitimate reason to discriminate against employees.

 

Question 31 (5 points)

Which of the following statements is true of the Age Discrimination in Employment Act?

Question 31 options:

1)         It only protects employees over 60 from discrimination.

2)         It does not provide protection from reverse discrimination.

3)         It only allows employees to pursue a claim if an employer discriminated against all of its older workers.

4)         It is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions.

 

Question 32 (5 points)

The term essential functions of a job, as used in the Americans with Disabilities Act (ADA), best refers to:

Question 32 options:

1)         those tasks that are fundamental, and not marginal or unnecessary, to fulfillment of the job's objectives.

2)         tasks so designated by the Equal Employment Opportunity Commission (EEOC).

3)         those tasks that are required to be performed in case of any emergencies.

4)         tasks so designated by an employer as ancillary to the achievement of the job's long-term goals.

 

Question 33 (5 points)

Each scenario below illustrates a worker who is terminated or demoted. Which scenario does NOT seem to be covered under the ADEA?

Question 33 options:

1)         Sally's supervisor announces one day that he cannot stand all of the "menopausal" women in the room. Two days later, Sally (age 47) and two other employees over age 40 were fired.

2)         Rhoda, age 41, was demoted from lead operator to a subordinate position. A male operator, age 32, with less experience was promoted to the position of lead operator.

3)         Reggie, age 46, was terminated because his job was going to be eliminated. He later learns that another employee, age 34, was offered the job at approximately the same rate of pay.

4)         Fun Times, a toy company, fires Alan, an employee who just reached age 30, because they feel he is too old to connect with the toy market.

 

Question 34 (5 points)

Laura applies for the job of a firefighter. She is 5 feet 2 inches tall and weighs 110 pounds. Laura is denied the position because she does not meet the height and weight requirements. The fire department's height and weight requirements are:

Question 34 options:

1)         not discriminatory because firefighters have mostly been tall.

2)         discriminatory if it can be shown that height and weight requirements are a business necessity.  (Incorrect)

3)         not discriminatory because Title VII of the Civil Rights Act of 1964 does not cover jobs such as guards, police officers, and firefighters.

4)         discriminatory if it can be shown that the requirements are not directly correlated to ability to do the job.

 

Question 35 (5 points)

 Mr. Tompkins of Lawlor & Tompkins Law Firm was conducting an interview for a junior associate attorney. He asked Macy, an applicant, if she was married and when she intended, if ever, to have children. His second interview was with Scott. He did not ask Scott either of these questions. Which of the following is true in this situation?

Question 35 options:

1)         Macy has a claim for gender discrimination as it is illegal to ask questions in a job interview that are only asked of one gender.

2)         Macy does not have a claim for gender discrimination because she was not yet employed by the law firm.

3)         Macy has a claim for gender discrimination only if she in unmarried.

4)         Macy does not have a claim for gender discrimination because of the bona fide occupational qualification defense available to employers.

 

Question 36 (5 points)

Employers must promptly consider an employee's request for accommodation. Factors the courts look to in determining whether the employer has been timely include all of the following except:

Question 36 options:

1)         what the employee did during the delay, i.e., how well did the employee function during the period of the delay

2)         whether the accommodation requested was simple, or more complex

3)         length of the delay

4)         whether the employee contributed to the delay

 

Question 37 (5 points)

The Older Workers Benefit Protection Act (OWBPA) requires that a signed waiver of an employee's rights to file a claim under the ADEA be "knowing and voluntary". To be considered "knowing and voluntary", the waiver must satisfy each of the following requirements except:

Question 37 options:

1)         in exchange for signing the waiver, the employee must receive consideration in addition to that which he is already entitled to

2)         the waiver must specifically refer to ADEA rights or claims.

3)         the waiver must be signed in the presence of two independent witnesses and a notary public.

4)         the employee has sufficient time to review the waiver, and is directed to consult with an attorney before signing.

 

Question 38 (5 points)

Which type of workplace injury must be reported to OSHA within eight (8) hours of occurrence?

Question 38 options:

1)         An injury requiring immediate transport to a hospital

2)         An injury requiring an employee to change jobs

3)         A workplace fatality

4)         An injury requiring any sort of medical treatment

 

Question 39 (5 points)

Which of the following groups may be responsible for sexual harassment in a workplace (i.e., are the "harassers")?

Question 39 options:

1)         Coworkers

2)         Clients or customers

3)         Supervisors or managers

4)         All of the above

 

Question 40 (5 points)

In the context of unwelcome sexual activity, if the activity started out being consensual and one employee calls a halt to it and the other continues:

Question 40 options:

1)         it cannot be termed sexual harassment as it was once consensual in nature.

2)         it is sexual harassment only if the harassee is a female employee.

3)         it can become sexual harassment at the time the activity is no longer consensual.

4)         it is sexual harassment as the law strives to totally devoid workplaces of sexuality.

 

Question 41 (5 points)

Charles, aged 63, was a manager at the Exotic Wood Corp. His supervisor, Dee, frequently made derogatory age-related comments about Charles to other workers. Dee encouraged Charles' co-workers to be uncooperative toward him and not talk to him as she believed that older people gossip a lot and reduce productivity. Charles filed a complaint under the Age Discrimination in Employment Act against Dee. In this case, Charles can make a prima facie case for ________.

Question 41 options:

1)         hostile environment

2)         Disparate impact discrimination (Incorrect)

3)         quid pro quo

4)         reverse discrimination

 

Question 42 (5 points)

Which of the following groups of employees are NOT covered by the FLSA?

Question 42 options:

1)         Federal, state and local government employees

2)         Employees of a small business (generating $250,000 per year) producing goods for interstate commerce

3)         Full-time and part-time employees of a business involved in interstate commerce

4)         Employees of a hospital making less than $500,000

 

Question 43 (5 points)

The three possibilities for a disability determination under the ADA include all of the following except:

Question 43 options:

1)         a record of a physical or mental impairment that substantially limited a major life activity

2)         when an employer takes an action prohibited by the ADA because of an actual or perceived impairment that is not both transitory and minor

3)         a physical or mental impairment that substantially limits one or more of the major life activities of an individual

4)         a physical or mental impairment that is not known to an individual's physician and rarely impacts that individual's work or family life

 

Question 44 (5 points)

Shayna, a Jewish woman, applied for a baker's job with the Golden Crust Bakery. After she was hired, Shayna told her manager at Golden Crust that she could not work on Friday night because the Sabbath begins on Friday night. The manager replied that she was the only Jewish baker, and all of the other bakers work on Friday night. He also added that she would be fired if she refused to comply with company policies. Which of the following is most likely to be true in this case?

Question 44 options:

1)         Shayna does not have a claim for religious discrimination because she did not inform Golden Crust that she was Jewish when she applied for the job.

2)         Shayna has a claim for religious discrimination because Golden Crust has no other Jewish employees.

3)         Shayna has a claim for religious discrimination because Golden Crust failed to make an attempt to reasonably accommodate her religious practice.

4)         Shayna does not have a claim for religious discrimination because she did not provide a suggestion as to how her religious practice could be accommodated.

 

Question 45 (5 points)

The requirements for hostile work environment sexual harassment include all of the following except:

Question 45 options:

1)         the employee does not like the project they were just assigned.

2)         the harassment is based on gender.

3)         the harassment is not welcomed by the employee.

4)         the employer has knowledge of the harassment but took no action.

 

Question 46 (5 points)

How will the Employment Nondiscrimination Act (ENDA) affect Title VII of the Civil Rights Act of 1964 if enacted?

Question 46 options:

1)         It will provide employers with greater flexibility in making workplace policies and decisions related to LGBT employees.

2)         It will omit same-gender sexual harassment from Title VII's protection.

3)         It will make gender reassignment surgery illegal under Title VII.

4)         It will extend Title VII's coverage to include discrimination on the basis of sexual orientation and gender identity.

 

Question 47 (5 points)

Roger is a customer service representative at FlyAway Airlines. He confided in one of his co-workers that he tested positive for HIV, but the co-worker spread the news around the office. Soon, several of Roger's co-workers ostracized him and refused to work with him. He was also constantly subjected to verbal abuse by his co-workers. Roger reported these incidents to his supervisor, and his supervisor fired him. Which of the following holds true in this case?

Question 47 options:

1)         Roger has a claim for hostile work environment harassment under the Americans with Disabilities Act because he did not request any accommodations from his employer.

2)         Roger does not have a claim for hostile work environment harassment under the Americans with Disabilities Act because the act does not cover employees working for private employers.

3)         Roger has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyAway took an adverse employment action by firing him.

4)         Roger does not have a discrimination claim based on hostile work environment under the Americans with Disabilities Act because his disability is not outwardly evident.

 

Question 48 (5 points)

A management security clause gives an employer the right to:

Question 48 options:

1)         require the union to represent all employees fairly and without discrimination based on union membership.

2)         run the business and make appropriate business decisions as long as management complies with applicable laws and agreements.

3)         require employees to sign an agreement stating that they do not belong to an union and will not join one.

4)         refuse to sign a written agreement to which the contracting parties orally agreed.

 

Question 49 (5 points)

Title VII (of the Civil Rights Act of 1964) requires employers to accommodate an employee's religious practices and beliefs:

Question 49 options:

1)         to the extent that the religion is recognized by society.

2)         provided the employee gives an assurance in writing that his or her practices will not affect the policies of the company.

3)         provided the employee can produce a member of the clergy who will vouch for the religious practices and beliefs.

4)         to the extent that it does not cause undue hardship.

 

Question 50 (5 points)

There is no federal legislation protecting LGBT employees from employment discrimination. However:

Question 50 options:

1)         Employers need to be aware that Title VII of the Civil Rights Act prohibits same-gender sexual harassment based on sexual orientation.  (Incorrect)

2)         they cannot be prevented by employers from wearing clothing, jewelry, or makeup of their choice.

3)         employers need to be aware that state and local ordinances may prohibit job discrimination against homosexuals.

4)         they can use the bona fide occupational qualification defense to make a discrimination claim.

 

Question 51 (5 points)

The piece of legislation that established the right of employees to form unions, to bargain collectively, and to strike is the:

Question 51 options:

1)         Norris-LaGuardia Act

2)         National Labor Relations Act

3)         Landrum-Griffin Act

4)         Taft-Hartley Act

 

Question 52 (5 points)

Steven, an environmental enthusiast, volunteers to work as an intern at Green Trees, a non-profit organization dedicated to environmental protection. Green Trees hires Steven without any pay. Which of the following is most likely to be true in this case?

Question 52 options:

1)         Green Trees is required to guarantee Steven a job at the conclusion of his internship if he is not being paid during the internship period.

2)         Green Trees may not be required to pay Steven any overtime compensation, but it is required to pay him a minimum wage for his services.

3)         Green Trees violated the Fair Labor Standards Act because it is legally required to pay all hired employees.

4)         Green Trees did not violate the Fair Labor Standards Act because unpaid internships at non-profit charitable organizations are generally permissible.

 

BUSI530  Week 2 Discussion 2

The Electronic Communications Privacy Act of 1986, as amended in 1994, extends some right of privacy to employees when sending and receiving e-mail messages on the employer's computer system and calls made and received on employer-owned cell phones.

However, the statute provides several exceptions that permit employers to intercept and/or monitor employee e-mail, Internet, and cell phone use at work.

•           Describe your current (or previous) employer's policy regarding employee use of e-mails, Internet, and phones for personal matters while at work.

•           Be sure to indicate if the policy is a formal, written policy, or an informal policy.

•           In addition, is the policy administered in a uniform and consistent manner?

 

BUSI530  Week 3 Discussion 3

In its 2013-2016 Strategic Enforcement Plan, the EEOC set forth six priority enforcement areas it would pursue. Subsequently, it updated the SEP for Fiscal Years 2017-2021.

• What are the six priority enforcement areas identified in the original SEP?
• What two areas were added to the "emerging issues" priority in the updated SEP?
• Which area or areas you do feel are most important today? Why do you feel this/these area(s) are most important?

BUSI530  Week 3 Discussion 4

As noted in the text, the concept of affirmative action originated with President Lyndon Johnson's issuance of Executive Order 11246 in 1964, the same year the landmark Civil Rights Act was enacted. While affirmative action has been upheld by courts in a number of cases, it has also been criticized and overturned in a number of decisions. 

• What are the differences between a judicial (i.e. court-ordered) affirmative action plan and a voluntary affirmative action plan?

 

BUSI530 Week 4 Discussion 5

In addition to the protections afforded employees by Title VII of the Civil Rights Act, most states have statutes that prohibit discrimination in employment, housing, etc.

• Research your state's statutes and provide the name of the applicable anti-discrimination (or "human rights") statute, the agency responsible for enforcing its provisions, and what types of discrimination are covered by the statute.

 

BUSI530 Week 4 Discussion 6

Discuss the four elements an employee must show to establish a claim of discrimination based on national origin.

 

BUSI530 Week 5 Discussion 7

Although Title VII of the Civil Rights Act of 1964 does not prohibit employment discrimination based on sexual-orientation or gender-identity, a number of states have enacted laws that do prohibit discrimination on the basis of sexual-orientation and/or gender-identity. 

• Discuss whether there is one or more state or local laws in your state prohibiting employment discrimination based on sexual-orientation or gender-identity.

 

BUSI530 Week 5 Discussion 8

Most claims involving sexual misconduct in the workplace (such as sexual discrimination and sexual harassment) are resolved with a settlement between the complaining party and the employer. These settlements typically contain nondisclosure provisions (also known as a "Non-Disclosure Agreement", or NDA) that prohibit the complaining party from discussing information about their claim or the settlement agreement itself, with very limited exceptions.

In the wake of recent sexual misconduct claims by women against high-profile men in a number of business enterprises, including the news and entertainment industries, legislators, attorneys, and legal experts throughout the country are considering whether Non-Disclosure Agreements should be prohibited in settlement agreements involving sexual misconduct, both within and outside of the workplace. Some states, such as Washington and New York, have enacted legislation banning NDA's in settlement agreements involving sexual misconduct, while several other states are contemplating similar legislation. Those who support a prohibition of NDAs in sexual misconduct claims argue that employers and individuals who engage in sexual misconduct should not be permitted to "buy" the silence of the victims. Opponents of prohibiting the inclusion of NDAs in settlement agreements contend that the NDAs provide an incentive for employers to settle sexual misconduct claims, and that without non-disclosure provisions, employers will force complainants into costly and time-consuming litigation. What is your opinion of requiring Non-Disclosure Agreements in settlements of cases involving sexual harassment/misconduct? Please explain your reasoning.

 

BUSI530 Week 6 Discussion 9

Staff members who work at a women's medical clinic are required to provide clients with information about various community resources available to them on a variety of medical conditions. Some of the resources include information regarding abortions. One staff member claims that her religious beliefs do not permit her to provide information about abortions, which is against her religion. The director of the clinic claims it would cause an undue hardship to accommodate her religious beliefs.

What are your thoughts?

 

BUSI530 Week 6 Dropbox Assignment 2

For this assignment, you are to select one of the four cases listed below dealing with employment discrimination based on age and religion. Prepare a paper in which you discuss the facts of the case, the relevant provisions of the statute, and how the court interpreted and applied the provisions of the statute to the issues presented in the selected case.

Age Discrimination (Age Discrimination in Employment Act) Cases

• Reeves v. Sanderson Plumbing Products, Inc., 530 US 133 (2000). Retrieved from https://www.oyez.org/cases/1999/99-536.
• Gross v. FBL Finance Services, Inc., 557 U.S. 167 (S. Ct. 2009). Retrieved from https://caselaw.findlaw.com/us-supreme-court/557/167.html.

Religious Discrimination (Title VII of the Civil Rights Act of 1964)  Cases

• Peterson v. Hewlett-Packard Co., 358 F3d 599 (9^th Cir. 2004). Retrieved from http://caselaw.findlaw.com/us-9th-circuit/1423047.html.
• EEOC v. Abercrombie & Fitch Stores, 575 US _____ (2015). Retrieved from https://www.oyez.org/cases/2014/14-86.

Your paper should begin with a discussion of the essential facts of the case, including a brief summary of the lower court decision(s) which gave rise to the appeal. Your discussion of the facts should be followed by a detailed analysis of the case. Your analysis should indicate what legal issues are presented in the case – in other words, what issues is the Court attempting to address and resolve? Some cases might have only a single issue, while others may have more than one. After you have described the facts and identified the legal issues presented, you should identify the relevant provisions of the law that the Court is interpreting in the case. In other words, what is the rule of law that governs the Court's analysis of the case? Finally, you should summarize the Court's decision, or holding, in the case, and discuss how the Court reached its decision. You should also consider and discuss the practical implications of the Court's decision for both the employer and the employee.

Your assignment should be in the form of an paper analyzing and discussing a case or set of facts pertaining to one or more areas of employment law.

• Your paper should be from 6-8 pages in length, in Word format, and should be double-spaced using a 12-point Times New Roman or similar business font.
• You may consult up to three (3) outside sources, although you are not required to utilize outside sources.
• Follow the 6^th Edition of the APA manual for documentation, if you do consult outside sources.
• Upload your paper by Sunday evening at 11:59 p.m. CT.

 

BUSI530 Week 7 Discussion 10

In Chapter 13, the authors discuss a number of "attitudinal barriers" faced by persons with disabilities. 

• Discuss one or more of these barriers that you have witnessed, experienced, or are familiar with.

 

BUSI530 Week 7 Discussion 11

The ADAAA expanded the definition of "disability" under the ADA to state that an impairment can be "substantially limiting" even if it expected to last only a limited period of time. 

• Does this mean that pregnancy-related conditions that are "substantially limiting" can serve as the basis for either a gender discrimination or disability discrimination claim, or even both?
• If so, what would be the advantage of filing a disability discrimination claim as opposed to a gender discrimination claim?

 

BUSI530 Week 8 Final Exam (49 out of 52 correct)

Question 1 (5 points)

 Employers must adopt policies accommodating LGBT employees in the workplace. It is the right thing to do, and besides non-LGBT employees don't have any real basis for disagreeing with such a policy.

Question 1 options:

            1) True

            2) False

Question 2 (5 points)

 An individual reporting sexual harassment may request that their alleged harasser not be informed of the investigation out of fear of retaliation. The employer should not agree to this, and the alleged harasser should be informed of the investigation so that his/her side of the story is on the record too.

Question 2 options:

            1) True

            2) False

Question 3 (5 points)

 If an employee develops a religious conflict during the course of his employment (i.e., it was not present when he first worked for the employer), then the employer is under no duty to find an accommodation for that employee's religious belief.

Question 3 options:

            1) True

            2) False

Question 4 (5 points)

 Workers' compensation laws are generally no-fault, which means that workers injured on the job are entitled to recover from their injuries without having to prove who is at fault.

Question 4 options:

            1) True

            2) False

 

Question 5 (5 points)

Under the Equal Pay Act, the content of the job, rather than the job title or description, determines the comparison of whether two jobs are substantially the same.

Question 5 options:

            1) True

            2) False

Question 6 (5 points)

The Genetic Information Nondiscrimination Act (GINA) prohibits employers from collecting genetic information and from considering someone's genetic background in any employment-related decisions such as hiring or firing.

Question 6 options:

            1) True

            2) False

 

Question 7 (5 points)

The National Labor Relations Act created the National Labor Relations Board, an independent federal agency.

Question 7 options:

            1) True

            2) False

 

Question 8 (5 points)

The ADEA permits younger employees to pursue a kind of "reverse-discrimination" lawsuit, alleging that they were discriminated against in favor of an older worker.

Question 8 options:

            1) True

            2) False

Question 9 (5 points)

 

An individual must have an actual disability in order to be protected under the ADA.

Question 9 options:

            1) True

            2) False

Question 10 (5 points)

 

In hostile work environment sexual harassment any incident, no matter how seemingly small or insignificant, can constitute sexual harassment.

Question 10 options:

            1) True

            2) False

Question 11 (5 points)

 

In general, federal employees are permitted to bargain over wages, hours and benefits, but cannot bargain over things like the numbers, types and grades of positions.

Question 11 options:

            1) True

            2) False

Question 12 (5 points)

 

Prior to the Civil Rights Act of 1964, it was common for states to have laws that limited or prohibited women from working at certain jobs, under the theory that such laws were for the protection of women.

Question 12 options:

            1) True

            2) False

Question 13 (5 points)

 

ERISA (the Employee Retirement Income Security Act) contains provisions affecting retirement and welfare plans.

Question 13 options:

            1) True

            2) False

Question 14 (5 points)

 

Employers need to be concerned with the possibility of religious harassment in the workplace —for example, nonreligious employees complaining that they are being harassed by religious employees.

Question 14 options:

            1) True

            2) False

Question 15 (5 points)

 

The Defense of Marriage Act (DOMA) defined marriage, for federal purposes, as between any two individuals, regardless of their gender identities or sexual orientations.

Question 15 options:

            1) True

            2) False

Question 16 (5 points)

 

Fetal protection policies are designed to protect pregnant employees or their fetuses. They do not provide protection for men, even where a man may be adversely impacted by the same condition.

Question 16 options:

            1) True

            2) False

Question 17 (5 points)

 

The requirement of reasonable accommodation for a disabled employee means that an employer must create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job.

Question 17 options:

            1) True

            2) False

Question 18 (5 points)

 

In states that have not waived sovereign immunity, state employees are barred from suing their employers under ADEA.

Question 18 options:

            1) True

            2) False

Question 19 (5 points)

 

The Taft-Hartley Act identifies and prohibits unfair labor practices that can be committed by unions.

Question 19 options:

            1) True

            2) False

Question 20 (5 points)

 

Doug occasionally compliments his secretary when he arrives at the office, saying things like, "Mrs. Woods, you look nice today," or "That's a nice dress." In this case, Mrs. Woods would not have a claim for sexual harassment.

Question 20 options:

            1) True

            2) False

 

 

Quiz

Page 2 of 3

Question 21 (5 points)

                                                            

ADEA has strict recordkeeping requirements for employees and applicants.

Question 21 options:

            1) True

            2) False

Question 22 (5 points)

 

If a state child labor law is stricter than the federal law, the federal law supersedes the state law.

Question 22 options:

            1) True

            2) False

Question 23 (5 points)

 

One of the factors that the courts will look at when deciding if an employer has reasonably accommodated an employee's religious conflict is whether other employees are willing to assist in the accommodation.

Question 23 options:

            1) True

            2) False

Question 24 (5 points)

 

The Lewisburg Fire Department advertisement advertises for individuals to be a part of its next academy class. The ad states that applicants must be at least 5'8", and must be capable of carrying at least 100 lbs up a series of 6 steps. The Lewisburg Fire Department will not have any Title VII gender discrimination issues since neither criteria is gender related.

Question 24 options:

            1) True

            2) False

Question 25 (5 points)

 

Sexual harassment claims are covered under Title VII even if employees are of the same gender; however harassment based on sexual orientation is not covered under Title VII.

Question 25 options:

            1) True

            2) False

Question 26 (5 points)

 

An employer will not be held responsible under the Occupational Safety and Health Act (OSHA) for workplace hazards or injuries where the harm is the result of reckless behavior by an employee.

Question 26 options:

            1) True

            2) False

 

Question 27 (5 points)

Sexual harassment class action trials are rare mainly because:

Question 27 options:

           

1)         most cases are settled rather than litigated as a means of avoiding bad publicity and the possibility of even greater damages if the matter goes to trial.

2)         the Equal Employment Opportunity Commission has limited power to enforce sexual harassment claims.

3)         the Civil Rights Act of 1991 is not clear about what constitutes sexual harassment and what does not.

4)         claimants are not entitled to any compensatory damages on winning the claim.

 

Question 28 (5 points)

Carrie, aged 59, is employed as a makeup artist with a local department store. The company hires a new manager, Roger. Roger fires Carrie and gives her job to Kellie, aged 42. Under the Age Discrimination in Employment Act, Carrie:

Question 28 options:

           

1)         does not have a valid claim because Carrie's replacement must be at least 20 years younger than Carrie.

2)         has a valid claim because the employer did not correctly apply the provisions of the Old Workers' Benefit Protection Act.

3)         has a valid claim even though her replacement is a member of the protected class.

4)         does not have a valid claim because the person who hired her is not the one who fired her.

 

Question 29 (5 points)

 

An employee may successfully sue for religious discrimination on the basis of all of the following except:

Question 29 options:

1)         the employee is terminated because the employee refuses to work on a particular day because it is their Sabbath

2)         the employee refuses to pay employment-based taxes because they believe that the government does not have the right to collect them

3)         the employee believes their religion requires them to dress in a particular way and they are terminated for not following the employer's dress code

4)         the employee is denied a request to take certain days off that represent religious holidays

 

Question 30 (5 points)

Katie is a qualified carpenter who works for Kent Construction Inc. Kent Construction is losing business as most clients do not like the idea of female construction workers working on their project. They often complain that they cannot trust the work of a female employee. On this basis, Kent Construction fires Katie. Which of the following statements is true in this situation?

Question 30 options:

1)         Kent Construction is not liable for gender discrimination as it can use the bona fide occupational qualification defense.

2)         Kent Construction is liable for gender discrimination because Katie was hired for a job that requires being male as a bona fide occupational qualification.

3)         Kent Construction is not liable for gender discrimination because of the business necessity defense.

4)         Kent Construction is liable for gender discrimination as customer preference is not a legitimate reason to discriminate against employees.

 

Question 31 (5 points)

Which of the following statements is true of the Age Discrimination in Employment Act?

Question 31 options:

1)         It only protects employees over 60 from discrimination.

2)         It does not provide protection from reverse discrimination.

3)         It only allows employees to pursue a claim if an employer discriminated against all of its older workers.

4)         It is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions.

 

Question 32 (5 points)

The term essential functions of a job, as used in the Americans with Disabilities Act (ADA), best refers to:

Question 32 options:

1)         those tasks that are fundamental, and not marginal or unnecessary, to fulfillment of the job's objectives.

2)         tasks so designated by the Equal Employment Opportunity Commission (EEOC).

3)         those tasks that are required to be performed in case of any emergencies.

4)         tasks so designated by an employer as ancillary to the achievement of the job's long-term goals.

 

Question 33 (5 points)

Each scenario below illustrates a worker who is terminated or demoted. Which scenario does NOT seem to be covered under the ADEA?

Question 33 options:

1)         Sally's supervisor announces one day that he cannot stand all of the "menopausal" women in the room. Two days later, Sally (age 47) and two other employees over age 40 were fired.

2)         Rhoda, age 41, was demoted from lead operator to a subordinate position. A male operator, age 32, with less experience was promoted to the position of lead operator.

3)         Reggie, age 46, was terminated because his job was going to be eliminated. He later learns that another employee, age 34, was offered the job at approximately the same rate of pay.

4)         Fun Times, a toy company, fires Alan, an employee who just reached age 30, because they feel he is too old to connect with the toy market.

 

Question 34 (5 points)

Laura applies for the job of a firefighter. She is 5 feet 2 inches tall and weighs 110 pounds. Laura is denied the position because she does not meet the height and weight requirements. The fire department's height and weight requirements are:

Question 34 options:

1)         not discriminatory because firefighters have mostly been tall.

2)         discriminatory if it can be shown that height and weight requirements are a business necessity.  (Incorrect)

3)         not discriminatory because Title VII of the Civil Rights Act of 1964 does not cover jobs such as guards, police officers, and firefighters.

4)         discriminatory if it can be shown that the requirements are not directly correlated to ability to do the job.

 

Question 35 (5 points)

 Mr. Tompkins of Lawlor & Tompkins Law Firm was conducting an interview for a junior associate attorney. He asked Macy, an applicant, if she was married and when she intended, if ever, to have children. His second interview was with Scott. He did not ask Scott either of these questions. Which of the following is true in this situation?

Question 35 options:

1)         Macy has a claim for gender discrimination as it is illegal to ask questions in a job interview that are only asked of one gender.

2)         Macy does not have a claim for gender discrimination because she was not yet employed by the law firm.

3)         Macy has a claim for gender discrimination only if she in unmarried.

4)         Macy does not have a claim for gender discrimination because of the bona fide occupational qualification defense available to employers.

 

Question 36 (5 points)

Employers must promptly consider an employee's request for accommodation. Factors the courts look to in determining whether the employer has been timely include all of the following except:

Question 36 options:

1)         what the employee did during the delay, i.e., how well did the employee function during the period of the delay

2)         whether the accommodation requested was simple, or more complex

3)         length of the delay

4)         whether the employee contributed to the delay

 

Question 37 (5 points)

The Older Workers Benefit Protection Act (OWBPA) requires that a signed waiver of an employee's rights to file a claim under the ADEA be "knowing and voluntary". To be considered "knowing and voluntary", the waiver must satisfy each of the following requirements except:

Question 37 options:

1)         in exchange for signing the waiver, the employee must receive consideration in addition to that which he is already entitled to

2)         the waiver must specifically refer to ADEA rights or claims.

3)         the waiver must be signed in the presence of two independent witnesses and a notary public.

4)         the employee has sufficient time to review the waiver, and is directed to consult with an attorney before signing.

 

Question 38 (5 points)

Which type of workplace injury must be reported to OSHA within eight (8) hours of occurrence?

Question 38 options:

1)         An injury requiring immediate transport to a hospital

2)         An injury requiring an employee to change jobs

3)         A workplace fatality

4)         An injury requiring any sort of medical treatment

 

Question 39 (5 points)

Which of the following groups may be responsible for sexual harassment in a workplace (i.e., are the "harassers")?

Question 39 options:

1)         Coworkers

2)         Clients or customers

3)         Supervisors or managers

4)         All of the above

 

Question 40 (5 points)

In the context of unwelcome sexual activity, if the activity started out being consensual and one employee calls a halt to it and the other continues:

Question 40 options:

1)         it cannot be termed sexual harassment as it was once consensual in nature.

2)         it is sexual harassment only if the harassee is a female employee.

3)         it can become sexual harassment at the time the activity is no longer consensual.

4)         it is sexual harassment as the law strives to totally devoid workplaces of sexuality.

 

Question 41 (5 points)

Charles, aged 63, was a manager at the Exotic Wood Corp. His supervisor, Dee, frequently made derogatory age-related comments about Charles to other workers. Dee encouraged Charles' co-workers to be uncooperative toward him and not talk to him as she believed that older people gossip a lot and reduce productivity. Charles filed a complaint under the Age Discrimination in Employment Act against Dee. In this case, Charles can make a prima facie case for ________.

Question 41 options:

1)         hostile environment

2)         Disparate impact discrimination (Incorrect)

3)         quid pro quo

4)         reverse discrimination

 

Question 42 (5 points)

Which of the following groups of employees are NOT covered by the FLSA?

Question 42 options:

1)         Federal, state and local government employees

2)         Employees of a small business (generating $250,000 per year) producing goods for interstate commerce

3)         Full-time and part-time employees of a business involved in interstate commerce

4)         Employees of a hospital making less than $500,000

 

Question 43 (5 points)

The three possibilities for a disability determination under the ADA include all of the following except:

Question 43 options:

1)         a record of a physical or mental impairment that substantially limited a major life activity

2)         when an employer takes an action prohibited by the ADA because of an actual or perceived impairment that is not both transitory and minor

3)         a physical or mental impairment that substantially limits one or more of the major life activities of an individual

4)         a physical or mental impairment that is not known to an individual's physician and rarely impacts that individual's work or family life

 

Question 44 (5 points)

Shayna, a Jewish woman, applied for a baker's job with the Golden Crust Bakery. After she was hired, Shayna told her manager at Golden Crust that she could not work on Friday night because the Sabbath begins on Friday night. The manager replied that she was the only Jewish baker, and all of the other bakers work on Friday night. He also added that she would be fired if she refused to comply with company policies. Which of the following is most likely to be true in this case?

Question 44 options:

1)         Shayna does not have a claim for religious discrimination because she did not inform Golden Crust that she was Jewish when she applied for the job.

2)         Shayna has a claim for religious discrimination because Golden Crust has no other Jewish employees.

3)         Shayna has a claim for religious discrimination because Golden Crust failed to make an attempt to reasonably accommodate her religious practice.

4)         Shayna does not have a claim for religious discrimination because she did not provide a suggestion as to how her religious practice could be accommodated.

 

Question 45 (5 points)

The requirements for hostile work environment sexual harassment include all of the following except:

Question 45 options:

1)         the employee does not like the project they were just assigned.

2)         the harassment is based on gender.

3)         the harassment is not welcomed by the employee.

4)         the employer has knowledge of the harassment but took no action.

 

Question 46 (5 points)

How will the Employment Nondiscrimination Act (ENDA) affect Title VII of the Civil Rights Act of 1964 if enacted?

Question 46 options:

1)         It will provide employers with greater flexibility in making workplace policies and decisions related to LGBT employees.

2)         It will omit same-gender sexual harassment from Title VII's protection.

3)         It will make gender reassignment surgery illegal under Title VII.

4)         It will extend Title VII's coverage to include discrimination on the basis of sexual orientation and gender identity.

 

Question 47 (5 points)

Roger is a customer service representative at FlyAway Airlines. He confided in one of his co-workers that he tested positive for HIV, but the co-worker spread the news around the office. Soon, several of Roger's co-workers ostracized him and refused to work with him. He was also constantly subjected to verbal abuse by his co-workers. Roger reported these incidents to his supervisor, and his supervisor fired him. Which of the following holds true in this case?

Question 47 options:

1)         Roger has a claim for hostile work environment harassment under the Americans with Disabilities Act because he did not request any accommodations from his employer.

2)         Roger does not have a claim for hostile work environment harassment under the Americans with Disabilities Act because the act does not cover employees working for private employers.

3)         Roger has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyAway took an adverse employment action by firing him.

4)         Roger does not have a discrimination claim based on hostile work environment under the Americans with Disabilities Act because his disability is not outwardly evident.

 

Question 48 (5 points)

A management security clause gives an employer the right to:

Question 48 options:

1)         require the union to represent all employees fairly and without discrimination based on union membership.

2)         run the business and make appropriate business decisions as long as management complies with applicable laws and agreements.

3)         require employees to sign an agreement stating that they do not belong to an union and will not join one.

4)         refuse to sign a written agreement to which the contracting parties orally agreed.

 

Question 49 (5 points)

Title VII (of the Civil Rights Act of 1964) requires employers to accommodate an employee's religious practices and beliefs:

Question 49 options:

1)         to the extent that the religion is recognized by society.

2)         provided the employee gives an assurance in writing that his or her practices will not affect the policies of the company.

3)         provided the employee can produce a member of the clergy who will vouch for the religious practices and beliefs.

4)         to the extent that it does not cause undue hardship.

 

Question 50 (5 points)

There is no federal legislation protecting LGBT employees from employment discrimination. However:

Question 50 options:

1)         Employers need to be aware that Title VII of the Civil Rights Act prohibits same-gender sexual harassment based on sexual orientation.  (Incorrect)

2)         they cannot be prevented by employers from wearing clothing, jewelry, or makeup of their choice.

3)         employers need to be aware that state and local ordinances may prohibit job discrimination against homosexuals.

4)         they can use the bona fide occupational qualification defense to make a discrimination claim.

 

Question 51 (5 points)

The piece of legislation that established the right of employees to form unions, to bargain collectively, and to strike is the:

Question 51 options:

1)         Norris-LaGuardia Act

2)         National Labor Relations Act

3)         Landrum-Griffin Act

4)         Taft-Hartley Act

 

Question 52 (5 points)

Steven, an environmental enthusiast, volunteers to work as an intern at Green Trees, a non-profit organization dedicated to environmental protection. Green Trees hires Steven without any pay. Which of the following is most likely to be true in this case?

Question 52 options:

1)         Green Trees is required to guarantee Steven a job at the conclusion of his internship if he is not being paid during the internship period.

2)         Green Trees may not be required to pay Steven any overtime compensation, but it is required to pay him a minimum wage for his services.

3)         Green Trees violated the Fair Labor Standards Act because it is legally required to pay all hired employees.

4)         Green Trees did not violate the Fair Labor Standards Act because unpaid internships at non-profit charitable organizations are generally permissible.