CLASS / COURSE: Employment Law
1. To be successful in a claim for national origin discrimination under Title VII, the harassment must be based on the employee's actual national origin and not his perceived national origin.
1. 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.
1. The police chief of the city of Healing Springs has suggested that female patrol officers seek transfers away from high crime areas because he has heard rumors that male officers do not want to have female officers present in dangerous situations and might not support the female officers in the event that physical force is needed for policing. Healing Springs female police officers
can bring an action for gender discrimination under Title VII.
cannot bring an action for gender discrimination under Title VII because the chief's suggestion is designed to protect the safety of the female officers.
cannot bring an action for gender discrimination under Title VII because the chief's suggestion is designed to protect the safety of the male officers.
can bring an action under the Equal Pay Act.
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. 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. Henry and Rochelle work in the claims department of an insurance company. Henry stops by Rochelle's cubicle on her birthday and gives her a cupcake with a heart on the frosting and he asks her out to dinner. Rochelle had never spoken to Henry before and found his actions weird, so she declined the offer. Henry never said anything more to her, but Rochelle found him creepy whenever she saw him in the office.
Rochelle has a claim for quid pro quo sexual harassment.
Rochelle has a claim for hostile work environment sexual harassment.
Rochelle does not have a claim for sexual harassment because her claim would be based on one isolated incident.
Rochelle does not have a claim for sexual harassment because Henry never touched her.
1. Herb works for Goodman Tire as a mechanic. He is required to work 40 hours per week, including two Sundays per month. On August 1, Herb tells his supervisor that his religion is worshipping the NFL and he can't work any Sundays until after the Super Bowl in February. Goodman Tire's best argument for not accommodating Herb's request is:
Herb's religion does not qualify as a religion under Title VII because worshiping a deity is required.
Herb's religion does not qualify as a religion under Title VII because he is not a member of an organized religion.
Herb's religion does not qualify as a religion under Title VII because his beliefs are not sincerely held and they do not take the place of religion in his life.
Herb's religion does not qualify as a religion under Title VII because Herb is not able to provide a letter from a religious minister, imam, or rabbi.
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. Regarding Title VII protection of transsexuals from employment discrimination:
the federal courts have recognized a cause of action based on the argument that the change of gender is a protected trait.
the federal courts have not recognized a cause of action based on the argument that the change of gender is a protected trait.
only state courts are allowed to apply Title VII to these cases.
such claims must be based upon the original gender of the plaintiff.
1. In Price Waterhouse v. Hopkins, the Supreme Court:
determined that not providing the claimant the same opportunities to advance as her male coworkers is unlawful gender discrimination under Title VII.
determined that the claimant did not show evidence that she was not given the same opportunities to advance as her male coworkers.
determined that gender stereotyping is unlawful gender discrimination under Title VII.
determined that gender stereotyping is not unlawful gender discrimination because employers are free to determine how to run their businesses.
1. Distinguish "quid pro quo sexual harassment" from "hostile environment sexual harassment."
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Quid Pro Quo Sexual Harassment: Sexual favor in return for some benefits (such as promotion and salary hike etc) related to employment.
Hostile Environment Sexual Harassment: Making work environment so severe for pervasive unwelcome sexual attention or conduct. This makes work environment abusive for a reasonable person and job performance may also get affected adversely.
1. In Oubre v. Entergy Operations, Inc., the Supreme Court held
If an employee signs a waiver under the OWBPA but there is a small or technical defect in the waiver, the employee must repay any money received in exchange for the waiver before being allowed to sue the company for age discrimination.
An employee who signs a waiver under the OWBPA that is defective for any reason must repay any money received in exchange for the waiver before being allowed to sue the company for age discrimination.
If an employee signs a waiver under the OWBPA but there is a large or significant defect in the waiver, the employee must repay any money received in exchange for the waiver before being allowed to sue the company for age discrimination.
If a waiver doesn't fully comply with the OWBPA, the employee can keep the money the employer gave her for a release of age discrimination claims and file an age discrimination suit anyway.
1. The definition of sexual harassment is found in
Title VII of the Civil Rights Act of 1964.
an amendment to Title VII by the Civil Rights Act of 1991.
the Fair Labor Standards Act.
None of the choices is correct.
1. An employer who raises the "same actor" defense asserts that
when a worker protected by ADEA is hired and fired by the same person, there is a permissible inference that the employee's age was not a motivating factor in the decision to terminate.
employees in the motion picture, television and theater industries are not protected under the ADEA if they are replaced by a younger performer who has already performed the part in another production.
when an employee signs a defective waiver under the OWBA, the employee must repay any benefits received under the defective waiver.
when other persons had influence or leverage over the official decision maker, and thus were not ordinary co-workers, it is proper to impute their discriminatory attitudes to the formal decision maker.
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. An employer's duty to accommodate the religious practices of an employee is limited by:
the concepts of reasonableness and undue hardship.
the degree to which the religion involved is widely recognized.
the First and Fourteenth Amendments to the U.S. Constitution.
expectations and demands by the employee.
1. The prohibition against national origin discrimination in Title VII is subject to the political function exception which
disqualifies a naturalized U.S. citizen from running for President of the United States.
allows employers to discriminate against individuals who are illegal aliens.
allows discrimination against a non-citizen when the position is intimately related to the process of democratic self-government.
allows employers to discriminate against individuals whose national origin is a country with which trade has been outlawed by a presidential Executive Order or an act of Congress.
1. Gay Pride Month commemorates the beginning of the modern gay rights movement which dates from
1993, when President Clinton implemented the "Don't Ask, Don't Tell" policy, which permits gays to serve in the military but bans homosexual activity.
1969, when riots which occurred in New York City in 1969 after police raided the Stonewall Inn, a gay bar.
1973, when the American Psychiatric Association removed homosexuality from its official list of mental disorders.
2005, when the Canadian parliament passed a bill legalizing gay marriage throughout the country.
1. LaTonya recently joined the Freewill Pentecostal Holiness Church and as a member, she is not allowed to wear pants. Her employer, Sal's Seafood, requires all employees to wear coveralls provided by the company for sanitary reasons. Although LaTonya wore the uniform prior to joining the church, she now refuses to wear the coveralls. She explained to Sal that wearing pants was against her religion. Sal offered to allow her to split the seams on the coveralls and wear it over her dress. LaTonya refused. Sal fired her for insubordination.
Sal is liable for religious discrimination for failing to provide an accommodation that LaTonya would accept.
Sal is liable for religious discrimination for refusing to make a reasonable accommodation of LaTonya's religious practices.
Sal is not liable for religious discrimination because LaTonya's religious practice is not recognized by society.
Sal is not liable for religious discrimination because he made an effort to accommodate LaTonya's religious practice.
1. Sandra dated Henry, her supervisor, for 3 months. She told him that she didn't want to see him anymore and couldn't they just be friends. Henry became obsessed with Sandra, calling her at her desk, emailing her at work, and dropping by her house. Sandra cannot file a claim with EEOC for sexual harassment because she had been in a voluntary consensual relationship with him.
1. Meritor Savings Bank, FSB v. Vinson
established hostile work environment sexual harassment as a cause of action under Title VII.
was the first sexual harassment case to reach the Supreme Court.
involved a claimant alleging sexual harassment against her employer even though she lost no tangible employment benefit.
All of the choices are correct.
1. In O'Connor v. Consolidated Coin Caterers, the U.S. Supreme Court held that:
a plaintiff is not precluded from stating a claim for age discrimination if the person receiving the workplace benefit that had been sought by the plaintiff was a younger individual, even if the younger individual is over 40 years of age.
a plaintiff is precluded from stating a claim for age discrimination if the person receiving the workplace benefit that had been sought by the plaintiff was a younger individual who is also over 40 years of age.
claims of disparate impact discrimination are not recognized under the ADEA.
an act which violates ERISA will, as a matter of law, violate the ADEA.
1. Marlene applied for a job as a travel agent. At the time, she was five months pregnant. Agnes, the manager told her that the company was very interested in hiring her because her references were excellent, but she should reapply after she had the baby and had found reliable day care. Marlene has no recourse under Title VII for gender discrimination.
1. Lucinda was a member of the Christian Science church. Paulette was a born-again Christian. They sat next to each at work. Paulette left a flyer for her church revival on Lucinda's desk. Paulette also emailed bible verses to Lucinda and invited her to worship service every Sunday, telling her that she should go to a real church because she was such a nice girl. Lucinda asked Paulette to stop but Paulette responded that her religion required her to save lost souls. Lucinda complained to her supervisor about Paulette's witnessing to her.
Lucinda does not have a claim under Title VII because Paulette's actions are not based on an evil motive.
Lucinda may have a claim under Title VII if she can prove that Paulette's behavior was severe or pervasive and management did not take prompt or effective corrective action after it was reported to them.
Paulette's First Amendment right to freedom of religion is superior to Lucinda's claim under Title VII.
Lucinda needs to stop being so sensitive about religious matters.
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. Gibson Foods, Inc. and Thompson Foods, Inc. have merged to form a new corporation, Better Food, Inc. In the process of consolidating the business, management decides that a reduction in force is necessary to avoid duplication of positions and generally streamline the running of the new company, thereby lowering the operating costs. Paul is a production manager and his job is eliminated. He is 51 years old and believes that he was targeted because of his age.
Better Food will automatically be liable for age discrimination if the company retained any employees younger than Paul.
Better Food can defend the claim for age discrimination if it can provide a reasonable factor other than age for Paul's termination.
Better Food can eliminate its liability having Paul sign a waiver which prevents him from filing a claim with EEOC or participating in EEOC investigations.
Better Food can defend the claim for age discrimination because a RIF is exempt from ADEA protection.
1. Candice refuses to work on Sundays because it is against her religion to work on the Lord's Day. She has asked her employer to allow her to work every Saturday instead and require another employee to work on Sunday. In order to grant her request, her employer must violate the company's seniority system and the collective bargaining agreement. Her employer refused and will be liable for religious discrimination.
1. Smith issues a workplace policy stating that any employee who is married to anyone from any Latin American country will be ineligible for promotion to line supervisor level. This policy:
does not violate Title VII because it will result in discrimination against individuals who are connected to individuals of a specific national origin.
violates Title VII because it will result in discrimination against individuals who are connected to individuals of a specific national origin.
does not violate Title VII because its effect is not triggered by the national origin of the individuals it affects.
violates Title VII because being bilingual is an immutable characteristic.
1. Based on a case study in The American Journal of Forensic Psychiatry in which it was found that a jury would consider a female defense attorney as bolstering the credibility of a male defendant, John, a defendant in a case involving allegations of sexual harassment and rape insists that the firm of Elliot and Ness put a female attorney in charge of his criminal case. The firm has 11 attorneys (four female and 11 male). One of the male attorneys feels that he is more qualified to handle the case and objects to assigning a female attorney based on John's preference. If the law firm assigns a female attorney to John's case, it is
not a violation of Title VII because it is a BFOQ based on the case study.
a violation of Title VII because it is based on customer preference.
not a violation of Title VII because John can articulate a legitimate nondiscriminatory reason for his preference.
a violation of Title VII because the law firm has more than twice as many male attorneys as female attorneys.
1. A religious organization may discriminate in hiring based on gender without violating Title VII.
1. Under Title VII, sex discrimination includes:
sexual harassment, and discrimination on the basis of pregnancy, but not discrimination on the basis of affinity orientation, or discrimination on the basis of being transgendered.
sexual harassment, but not discrimination on the basis of pregnancy, discrimination on the basis of affinity orientation, or discrimination on the basis of being transgendered.
sexual harassment, discrimination on the basis of pregnancy, discrimination on the basis of affinity orientation, and discrimination on the basis of being transgendered.
disparate treatment on the basis of gender, sexual harassment, and discrimination on the basis of pregnancy, but not disparate impact discrimination on any basis.
1. In order to avoid liability, under Title VII, after an employee has proven a prima facie case of disparate treatment national origin discrimination, an employer must prove the following defense:
a Bona Fide Occupational Qualification.
a legitimate nondiscriminatory reason.
a political function exception.
a business necessity.
1. A professor who speaks fluent English may be fired if his or her accent is so severe that students cannot understand what the professor is saying.
1. Laura Mills is 55 years old. She has been employed with PilotCo for 17 years. She was offered early retirement and asked to sign a waiver of her right to file a claim under the ADEA. Laura was given 21 days to review the waiver and sign it. Laura was out of work due to illness for 17 days. When she returned to work, she signed the waiver after being reminded that she only had 4 days left to make a decision. Several days later Laura changed her mind and decided to file a claim for age discrimination.
Laura has no recourse since she voluntarily signed the waiver.
Laura can file the claim for age discrimination because she was sick when she signed the waiver.
Laura can file the claim for age discrimination because the waiver did not comply with the requirements specifying that each employee be given 45 days to review the waiver.
None of the choices are correct.
1. Hostile work environment sexual harassment requires proof that the harassing conduct was severe and/or pervasive.
1. If a pregnant employee is unable to perform her job because of her pregnancy, the employer should treat her just as any other employee who is temporarily unable to perform job duties.
1. Kawanda is a practicing Muslim and police officer. She requests that her employer, the Gotham City Police Department, allow her to wear a khimar (a form of headscarf that extends to the waist) along with her uniform. The police department denies her request as a violation of the police department's uniform regulation, which specifically bars police officers in uniform from wearing religious dress or symbols under all circumstances and makes no medical or secular exceptions. After the denial, Kawanda appeared to work wearing a khimar on three separate occasions and was sent home each time and then suspended. Kawanda files a complaint of religious discrimination.
Kawanda will prevail because the EEOC has successfully won at least one case of religious discrimination when an employer refused to allow a Muslim woman to wear a headscarf.
Kawanda will prevail because the police department did not offer her a reasonable accommodation.
Kawanda will not prevail because the police department can demonstrate that it would suffer an undue hardship if required to accommodate the Kawanda because the uniform regulations were designed to maintain religious neutrality, promote the need for uniformity, enhance cohesiveness, cooperation, and the esprit de corps of the police force.
Kawanda will not prevail because most citizens will not approve of a police officer wearing a long headscarf.
1. Disparate impact claims are unavailable under ADEA.
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. Thomas hires Desai, an alien, to work for his firm. When he hired Desai, he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S. The documents were clever forgeries, and Desai is actually an illegal alien.
Thomas cannot raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S., and that the documents were clever forgeries as an affirmative defense to liability under IRCA.
Thomas can raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S., and that the documents were clever forgeries as an affirmative defense to liability under IRCA.
Thomas can raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S., and that the documents were clever forgeries as an affirmative defense to liability under IRCA, only if he can also show that he relied, in good faith, on the genuineness of the documents.
Thomas is liable for Desai's subsequent loss of the right to work if the right to work existed at the time of the hire.
1. Saint Anne's Day School is affiliated with and supported by the Catholic Church. Mandy is a born again Southern Baptist. She applied for a job at the school as minister of music. Mandy was not hired. She filed a claim for religious discrimination. Saint Anne's will not be held liable under Title VII.
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. 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. Consensual sexual relationships between a supervisor and a subordinate constitute sexual harassment and would result in liability for the employer.
1. Fetal protection polices
subject employers to tort liability on the basis of negligence for harm to the unborn fetus of an employee.
are prohibited by Title VII if the policy applies only to women.
are prohibited by Title VII if the policy applies to women and men.
None of the choices are correct.
1. Ismeralda Marcus, a prolific shoe buyer, refuses to be waited upon by male shoe store clerks. The owner of Your Shoe Town therefore informs all of his male clerks that they may not wait on Ms. Marcus, because he does not want to anger his best customer. One of the male clerks believes that this is illegal gender discrimination, and that since part of his compensation is based on his sales volume, he feels that this policy illegally denies him the opportunity to earn compensation because of his gender. Is he correct?
Yes, because gender-based customer preferences are never legitimate.
No, because gender-based customer preferences are legitimate business concerns.
Yes, because gender-based customer preferences are not legitimate unless they implicate a legitimate privacy interest.
No, because the shoe business does not affect interstate commerce.
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. Steve is 28 years old and Edie 38 years old. Both started working for their employer 9 ½ years ago and both will vest in their pension and retirement funds in 6 months. If they are both immediately fired:
Steve will have a valid ADEA claim because the firing appears to be related to terms of service.
Edie will have a valid ADEA claim because the firing appears to be related to terms of service and she is older than Steve.
Both Edie nor Steve will be afforded ADEA protections.
Neither Edie nor Steve will be afforded ADEA protections.
1. Oncale v. Sundowner Offshore Services, Inc. was the first class action sexual harassment lawsuit ever filed.
1. The local T.V. station has an opening for evening sports caster. Yvonne, a recent graduate with a degree in broadcast journalism, applied for the job. She was told that they had to hire a man because the job required covering the local high school football teams and spending time in the locker rooms. Yvonne was not hired.
Yvonne has no claim for gender discrimination because the employer can use BFOQ as a valid defense.
Yvonne has a valid claim for gender discrimination and BFOQ cannot be used as a defense because the interviews of the players can take place outside the locker room.
Yvonne has no claim for gender discrimination because the employer can hire anyone he wants to represent his T.V. station.
None of the choices are correct.
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SUBJECTS / CATEGORIES:
1. Human Resource
2. Business Law/Corporate Law
3. General Law