CLASS / COURSE: Employment Law
1. Distinguish "quid pro quo sexual harassment" from "hostile environment sexual harassment."
Press Tab to enter the content editor. For the toolbar, press ALT+F10 (PC) or ALT+FN+F10 (Mac).
1. "Love Contracts" are being used by executives when they engage in personal intimate relationships with co-workers
to settle sexual harassment claims after the employee has filed a lawsuit against the employer.
to settle sexual harassment claims after an employee has filed an official complaint according to the company's sexual harassment policy.
to defend against sexual harassment claims by having the executive and the employee state that they both have entered into the relationship voluntarily and that they will use the company's sexual harassment policy to resolve any future problems.
to prevent the employee from hiring a lawyer to draft a contract to resolve a sexual harassment claim filed by the employee.
1. IRCA sets forth civil and criminal penalties for knowingly hiring illegal aliens.
1. The ADEA:
protects all persons against age discrimination in employment.
protects all employees who are at least 40 years of age, against age discrimination in employment.
protects all persons who are at least 40 years of age, against age discrimination in employment.
protects all employees who are between the ages of 40 and 70 against age discrimination in employment.
1. A dress code which prohibits men from wearing makeup in the workplace does not violate Title VII.
1. The City of Lower Iberia pays for all of its firefighters who buy their firefighting gear (i.e., coats, helmets and gloves) from one authorized vendor who gives the city a discount price based on the volume of equipment purchased. There department has 197 males and 11 females in its firefighting corps. The vendor carries only male-designed gear although vendors located in other cities sell firefighting gear made specifically for women. Marcelle Landry and Lula Bourque are female firefighters in Lower Iberia. They complain.
Marcelle and Lula will not prevail in a Title VII case because the men and women can buy the same uniforms.
Marcelle and Lula will not prevail in a Title VII case because City of Iberia saves money by having its entire firefighters buy their uniforms from the same vendor.
Marcelle and Lula will prevail in a Title VII case because requiring female firefighters to buy and wear male firefighting equipment makes it harder for them to do their jobs and subjects them to the risk of burns and injury due to improperly fit male-designed gear.
Marcelle and Lula will prevail in a Title VII case because the City of Iberia requires its firefighters to buy their gear instead of giving it to them as part of their official equipment.
1. Rena is a veterinary nurse at Paws Animal Clinic, which has 14 employees. She is working the late shift one night when Omar, a day shift worker, sexually assaults her in the parking lot.
I. Rena has a claim against her employer for sexual harassment under Title VII.
II. Rena can sue Omar for assault and battery.
III. Omar can be prosecuted under criminal law.
I and II
II and III
I, II and III
1. Simone is the only female marketing manager at the Aged in Oak Distillery. The other managers constantly referred to her as their "chicky-babe." Additionally, they left nude pictures on her desk and sent her vulgar emails. When she went to the bathroom, they would follow her, pretending to go in behind her. David, the worst offender, would intentionally rub up against Simone when he passed her in the hall. Simone complained to the Vice-President of Human Resources and he told her that the guys were just having a little fun and to be a good sport
Aged in Oak is not liable for sexual harassment because Simone did not file a formal complaint.
Aged in Oak is liable for quid pro quo sexual harassment.
Aged in Oak is liable for hostile work environment sexual harassment.
Aged in Oak is not liable for sexual harassment because none of the men were her supervisor.
1. Stephanie is transgendered. Prior to becoming a woman, she was employed in the accounting department at Wright Brothers, LLC. She was fired after reporting to work dressed as a woman.
Stephanie has a cause of action under Title VII for gender discrimination against her former employer because she was fired for being transgendered.
Stephanie does not have a cause of action under Title VII for gender discrimination because discriminating against transgendered persons is not considered gender discrimination.
Stephanie does not have a cause of action under Title VII for gender discrimination because she did not file the action before she became a woman.
Stephanie has a cause of action under Title VII for gender discrimination because she is legally considered a woman.
1. A claimant must prove discriminatory intent in order to be successful with a claim of national origin discrimination under:
42 U.S.C. sec. 1981.
1. Monica, aged 39, is terminated. Her employer tells her that changes in their selling environment have made older, more mature individuals better suited for her job. Monica will have no claim for age discrimination because the ADEA applies only to employees at least 40 years of age.
1. In Peterson v. Wilmur Communications, Inc., the court found that the claimant's religion, which had beliefs similar to those of the KKK, was:
a religion under Title VII because claimant's beliefs were sincerely held and his beliefs functioned as religion in his life.
not a religion due to the immoral and unethical nature of the beliefs.
not a religion because his church espoused evil.
B and C are correct.
1. All-American Tool & Die Company allows injured employees to work a "light duty" job until the employee is physically able to go back to regular work. Kimberly Cook is pregnant and has been advised by her physician not to engage in heavy lifting until after the baby is born. Kimberly took a letter from her physician and requested light duty work which would not require any lifting. Donaldson refused to allow Kimberly to work light duty. Kimberly was told that she could either take FMLA leave or resign.
Donaldson is not liable for under the Pregnancy Discrimination Act because providing "light duty work" is not required by law.
Donaldson is liable under the Pregnancy Discrimination Act because Kimberly is being treated differently than other employees with a short term disability.
Donaldson is not liable under the Pregnancy Discrimination Act because he gave her the option to take up to 12 weeks of unpaid leave.
None of the choices are correct.
1. Chenguang Lee, a female of Chinese national origin, was employed as a sales representative at Monarch Recyclers International. Her supervisor, the Vice President for Sales, Jim Oldham, persistently referred to her as "Charlene" instead of "Chenguang." Although she objected and asked to be called by her proper name, Oldham continued to call her "Charlene" for over a year. He told Chenguang that an American name would increase her chances for success and would be more acceptable to Monarch's clientele. He referred to her as "Charlene" over the telephone, during marketing meetings and in emails. Chenguang brings a complaint under Title VII and §1981.
Monarch will not be liable to Chenguang because the use of "Charlene" is neither a racial epithet nor a description of her physical ethnic traits.
Monarch will be liable to Chenguang because ethnic characteristics go beyond skin color and other physical traits and can include names.
Monarch will not be liable to Chenguang because Oldham did not intend his use of "Charlene" to be derogatory of her national origin.
Monarch will not be liable to Chenguang because Charlene is a popular American name.
1. In Espinoza v. Farah Manufacturing Co., the U.S. Supreme Court held that:
Congress did not intend the term "national origin" to mean citizenship requirements.
Congress intended the term "national origin" to mean citizenship requirements.
Congress intended the term "national origin" to mean the country in which your grandfather was a citizen.
Congress intended the term "national origin" to mean race and ethnicity.
1. According to Garcia v. Spun Steak, facially neutral workplace policy will not cause a disparate impact with respect to a privilege of employment on the basis of national origin if:
the policy can be easily complied with and noncompliance is purely a matter of an immutable characteristic.
the policy can be easily complied with but noncompliance is not a matter of individual preference.
the policy can be easily complied with.
the policy can be easily complied with and noncompliance is purely a matter of individual preference.
1. Marlena is a laborer in the Super Buzz Cola warehouse. Sometimes she flirts with her coworkers. Larry is a truck driver for a local supermarket chain who picks up pallets of soft drinks at the warehouse. Whenever he sees Marlena he complements her on her good looks, asks her if she will have sex with him and makes lewd remarks. Marlena has told him to stop but he continues his behavior. Marlena has complained to her supervisor who tells her to ignore Larry because "everyone knows he is a jerk."
Super Buzz is not liable for sexual harassment because Larry is not their employee.
Super Buzz is not liable for sexual harassment because Marlena is a very good looking woman.
Super Buzz is not liable for sexual harassment because Marlena sometimes flirts with her coworkers.
Super Buzz is liable for sexual harassment because liability for sexual harassment by nonemployees is judged by the same standard as for coworkers.
1. Skepticism exists regarding the use of statistics in age discrimination cases because
most lawyers are incapable of understanding statistical terms such as "expected value" and "standard deviation."
even in the absence of discrimination, older workers are likely to be replaced by younger workers as a result of attrition of the workforce.
in a disparate treatment class action or "pattern and practice" suit, only gross statistical disparities make out a prima facie case of discrimination.
All of the choices are correct.
1. Titanium Office Products has had a record breaking year in terms of sales and revenue. It decides to reward its top sales representatives. Fourteen of the top reps are men and 7 are women. Titanium gives each of the reps an overnight stay at a top luxury hotel. In addition, the company pays for each of the men to play a round of golf at the hotel and tells the men that they can each invite one client as a guest for golf and lunch. The women are each given a full day beauty treatment at the hotel's spa but no round of golf. The women complain that Titanium's rewards are discriminatory.
The rewards are gender neutral because men like to play golf and women like to get a spa beauty treatment.
The rewards are discriminatory because Titanium did ask the women if they wanted to invite one client for a spa treatment.
The rewards are discriminatory because they are based on gender stereotypes and affect the women's employment.
The rewards are not discriminatory because Titanium's rewards to its sales staff are a gift beyond their regular compensation.
1. Under the IRCA, employers with 4 through 14 employees are prohibited from discriminating on the basis of national origin.
1. The Lilly Ledbetter Fair Pay Act:
extends the statute of limitations for pay discrimination from 180 days to 300 days.
extends the statute of limitations for gender discrimination under Title VII from 180 days to 300 days.
allows the statute of limitations to reset each time a paycheck is issued based on pay discrimination.
was never signed into law.
1. Maxwell's interest in an intimate relationship with his supervisor, Gloria, was genuine in the beginning, but later cooled, at which point Gloria immediately ceased any pursuit of the relationship. Should Maxwell later have a professional falling out with Gloria, could he successfully assert the behavior that occurred during his relationship with Gloria as evidence of sexual harassment?
No, because, at the time it occurred, it was welcome behavior.
No, because claims of sexual harassment must be asserted before the pattern of complained of activity ceases.
Yes, because any sexual behavior between members of the same workforce is legally sufficient to prove sexual harassment.
Yes, because any sexual behavior between a supervisor and a subordinate is legally sufficient to prove sexual harassment.
1. Charlton Wayne, aged 63, was a manager at the Old World Exotic Wood Furniture Company. His supervisor, Dolores, frequently made age-related comments about Charlton to other workers. These included calling him "old man," "old fogey," and "old fart." On one occasion, when Charlton arrived for a meeting, she told another employee to "go get the wheelchair for the senior citizen." At a different meeting, she asked Charlton, "What's your idea old-timer?" If he disagreed with her, she would call him "senile." She even said that he was "too old to get it up any more." Charlton decided he'd had enough and filed a complaint under the ADEA. Charlton can make out a prima facie case of
quid pro quo discrimination.
hostile work environment discrimination.
disparate impact discrimination.
1. Terminations pursuant to a legitimate, non-age motivated reduction in force generally do not violate the ADEA, even if the effect of the reduction falls more heavily on workers in the protected age class.
1. Shayna, a Jewish female, applied for a baker's job with the Golden Crust Bakery. After Shayna was hired, she told her manager at Golden Crust that she could not work on Friday night, because the Jewish Sabbath begins on Friday night. The manager replied that all the other bakers worked on Friday night and if she refused she'd be fired.
Shayna has a claim for religious discrimination because Golden Crust failed to make an effort to accommodate her religious practice.
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.
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.
None of the choices are correct.
1. Citizenship and national origin are synonymous.
1. Luis Vargas has been employed as a security officer for Slate Mountain Waterworks for 10 years. He has worked with Brett Simpson, also a security guard, for the last 3 years. Both Luis and Brett applied for the job of chief security office when the position became available. Brett was hired for the position. Slate Mountain only has 10 employees. Luis overheard Mr. Slate say he would never promote a Mexican if he could give the job to a real American.
Luis can file a claim for national origin discrimination under Title VII.
Luis can file a claim for national origin discrimination under the IRCA.
Luis cannot file a claim for national origin discrimination because he is still employed and there was no adverse employment action.
None of the choices are correct.
1. The court applied a reasonable victim standard in Ellison v. Brady.
1. Quid pro quo sexual harassment occurs when the harasser creates an abusive or intimidating work environment.
1. There is no federal legislation protecting gays and lesbians from employment discrimination, however
employers need to be aware of possible tort claims that may result from discrimination against gays and lesbians.
employers need to be aware of state and local ordinances that prohibit job discrimination against homosexuals.
public employees adversely affected by an employment decision based on affinity orientation may, under appropriate circumstances, use state constitutions or the First, Fifth, or Fourteenth Amendments of the U.S. Constitution as a basis for suit, as well as the constitutional right to privacy.
All of the choices are correct.
1. Lakeisha is a management assistant at the Fourth Bank and Trust Company of Pasadena. Wilson is a senior vice president of the bank. The romantic attraction between Lakeisha and Wilson was very strong and they have become lovers. Wilson is concerned that the bank and he could be accused of sexual harassment. The director of human resources recommends that Wilson and Lakeisha sign a "love contract." Although such arrangements are not a perfect solution to liability in such a situation, Wilson decides to send Lakeisha a letter that
restates the voluntary nature of the relationship.
affirms that the parties will use the company's sexual harassment policies if a problem arises.
he and Lakeisha agree to resolve any work-related dispute differences using alternative dispute resolution (ADR) rather than resorting to the courts.
All of the choices are correct.
1. In Oncale v. Sundowner Offshore Services, Inc. the Supreme Court
stated that Title VII's exclusion of affinity orientation discrimination precluded recognition of a cause of action for same-gender discrimination.
stated that a claim for same-gender sexual harassment discrimination could be filed under Title VII.
stated that Title VII prohibited discrimination based on the plaintiff's failure to conform to a male stereotype.
stated that Title VII did not protect gays and lesbians from discrimination based on gender.
1. In providing reasonable accommodation:
an employer is required to select the employee's proposal of reasonable accommodation.
an employer is bound by the de minimis limitation.
an employer must be willing to guarantee that the employee will never be required to work in violation of the demands of his religious practices.
an employer is not required to select the employee's proposal of reasonable accommodation.
1. According to Oubre v. Entergy Operations, Inc. a former employee can file a claim under the ADEA if the waiver of that right does not comply with the OWBPA.
1. Dahlia is a photography analyst. She reviews photographs for placement in a stock images catalog. Her male colleagues, who review photographs for placement in a stock images catalog, are image technicians. She complains that she is paid less for doing the same work as them.
Dahlia will prevail on a claim under the Equal Pay Act if the jobs require equal skill, effort and responsibility.
Dahlia will not prevail on a claim under the Equal Pay Act because the wage rates for these jobs have been historically different.
Dahlia will not prevail on a claim under the Equal Pay Act because the company hired image technicians before it hired photography analysts so all of the technicians have more years with the company than she does.
Dahlia will prevail on her claim under the Equal Pay Act if she can show that her job as a photography analyst is more productive than an image technician is safe from liability under the Equal Pay Act.
1. A religious organization may discriminate in hiring based on gender without violating Title VII.
1. Melanie is a white female, and she is married to Muhammad, who is of Middle Eastern descent. She has been employed at The Office Works for 3 weeks. Melanie has been subjected to daily verbal abuse since Muhammad dropped by to take her to lunch and her co-workers became aware of his ethnicity. She has been called an "Arab whore" and a "terrorist." Her co-workers refuse to work with her, and her supervisor has condoned this behavior by assigning her to tasks in the stockroom when previously she assisted customers in the computer department.
Melanie does not have a claim for national origin discrimination because she is not a member of a protected class.
Melanie does have a claim for national origin discrimination under Title VII because she is being harassed based on the national origin of her husband.
Melanie does not have a claim for national origin discrimination because she has only been employed for 3 weeks.
Melanie does have a claim for national origin discrimination because the behavior of her co-workers and supervisor is neither severe nor pervasive.
1. Allison saw her supervisor, Roger, fondling Kay, one of her co-workers. Later, she asked Kay about the incident and she discovered that Roger had made repeated attempts to get Kay to have sex with him. Kay refused to report the sexual harassment because she was afraid she would be fired. Allison contacted the Human Resources Department and notified them of the sexual harassment. Roger terminated Allison's employment 2 weeks later, alleging insubordination.
Allison cannot file a claim with the EEOC because she was not the person that was sexually harassed.
Allison cannot file a claim with the EEOC because she was not able to convince Kay to file a complaint for sexual harassment.
Allison can file a claim with the EEOC for retaliatory discharge.
Allison cannot file a claim with the EEOC for retaliatory discharge because Kay might get fired.
1. Paul is being subjected to severe, pervasive and unwelcome sexual behavior in the workplace, by Greg. Can Paul bring a successful suit against Greg, for sexual harassment, under Title VII?
Yes, if the harassment can be shown to be based on sex, but not if the harassment is based on affinity orientation.
Yes, because bi-sexual harassment is a criminal offense.
No, because same-sex harassment is never covered under Title VII.
No, since men are not protected against sexual harassment, under Title VII.
1. The main difference between a claimant's case under Title VII and under IRCA is
under IRCA, a claimant must prove discriminatory intent.
under Title VII, the claimant must prove discriminatory intent.
Both A and B.
Neither A nor B.
1. A 270-pound woman who lost a promotion to a woman who was "thinner and cuter," can make a case for gender discrimination under Title VII because overweight women are routinely discriminated against in the workplace.
1. Himiona wants to be a deputy sheriff in Outer Maple Grove County. Himiona, whose family is from New Zealand, has Maori ancestors. To honor his heritage, Himiona has a small moko tattoo across his cheeks and nose. Traditionally, moko was used to differentiate between and within Maori social classes, including stating regional or tribal affiliation based on the patterns and placement of the moko. The sheriff's department prohibits its deputy sheriffs from wearing visible tattoos. Himiona is told that he will need to remove his moko before he can apply to be a deputy sheriff.
Himiona will prevail on a claim for national origin discrimination under Title VII because his tattoo honors his heritage.
Outer Grove can defend against Himiona's claim because a law enforcement agency needs to have a uniform appearance and a dress code policy is permissible under Title VII as long as it is enforced on an equal basis.
Outer Grove can defend against Himiona's claim because a tattoo is not immutable.
Himiona will prevail on a claim for national origin discrimination under Title VII because his tattoo is small.
1. Employers can bar women from working in certain areas of the facility in order to guard against potential harm to an unborn fetus or to a female's reproductive organs without incurring liability for gender discrimination.
1. The Immigration Reform and Control Act (IRCA) makes it illegal to
hire authorized aliens or refer authorized aliens for employment.
discriminate in favor of American citizens if there is an equally qualified authorized alien.
continue to employ an alien in the U.S. knowing that he/she has become an unauthorized alien.
to hire an unauthorized alien if the employer is a federal contractor.
1. Employees at the Clearwater Plumbing Supplies liked to listen to music while they worked in the warehouse. They asked management to hold an election to determine which radio station would be played on the warehouse public address system (PA). The winning station was a Christian music show. After a few weeks of having exclusively Christian radio played over the loud speakers at work, some employees complained to management that this was religious discrimination. Management stopped playing music on the PA and allowed employees to wear headsets or have small radios at their workplace. Arturo, a devout Christian, was extremely disappointed by this change. He brings a complaint under Title VII.
Arturo can prevail on a claim of failure to accommodate his religious practices because the complaints by a few employees about playing Christian radio on the PA were not made to the EEOC.
Arturo cannot show disparate treatment because the right to listen to a certain kind of music, even that which has been approved of by majority employee vote, is not an adverse employment action.
Arturo can prevail on a claim of failure to accommodate his religious practices if he can show that his religion requires that he listen to Christian radio at work.
Arturo can show disparate impact because the decision to stop playing Christian radio does not affect non-Christians equally as it affects Christians.
1. Pat is 59 and has been employed at Greene Industries for 29 years. She was terminated 2 months before she became vested in the company's pension plan. Pat may have a cause of action based on ERISA.
1. A U.S. company employing female U.S. citizens abroad must comply with Title VII, with respect to its female U.S.-citizen employees:
unless the culture of the foreign country does not permit women to work with men.
unless it is culturally taboo to allow American women to work with women in the country in question.
even if the culture of the foreign country does not permit women to work with men, unless doing so would constitute a violation of the foreign country's law.
regardless of the law or custom of the foreign country in question.
1. What is "gender stereotyping" and how does it result in gender discrimination?
Press Tab to enter the content editor. For the toolbar, press ALT+F10 (PC) or ALT+FN+F10 (Mac).
It is an assumption that members of a particular gender would act in a certain way. For example giving Golf play tickets to males and Beauty salon offer to females.
1. Katie Fleming is a qualified carpenter just like her father and 4 brothers. She applied for a job with Kent Construction, LLC. Katie was assigned to work on the current project. A number of her co-workers complained saying they did not want to work with a woman and would not work with a woman. The entire crew threatened to walk off the job. Katie was subsequently terminated.
Kent Construction is not liable for gender discrimination because of the business necessity defense.
Kent Construction is not liable for gender discrimination and can use BFOQ.
Kent Construction is liable for gender discrimination since Katie was fired because she was a woman.
None of the choices are correct.
1. The term "glass walls" refers to
workplace conditions and stereotyping that prevent women from moving to high level jobs in the workplace.
workplace conditions and stereotyping that result in women in the workplace always being closely observed no matter what they do.
workplace conditions and stereotyping that prevent women from moving laterally into areas that lead to higher advancement.
internships for women and minorities that allow them to advance to higher level jobs based on observing men who have leadership positions in the workplace.
Completed Solution is attached. Click on Buy button and then download file to get full solution.
SUBJECTS / CATEGORIES:
1. Human Resource
2. Business Law/Corporate Law