Employment and Business Laws questions

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FINAL EXAM

 

 

NAME:             ________________________                       DATE:  _____________________

 

  1. Parker owns a line of cosmetics and other grooming products called Bliss You. All the makeup artists working for Bliss You are required to wear black at work. Male employees must wear black pants and black T-shirts, and female employees must wear black skirts, black tops, and high-heeled shoes. Parker believes that sales will be better if female employees are dressed in a feminine way. Selena, an employee of Bliss You, is fired for wearing pants to work. If Selena files a gender discrimination lawsuit against Bliss You, she is most likely to win the case.

 

TRUE                           FALSE

 

  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 requirements.

 

TRUE                           FALSE

 

  1. Stephan was employed in the accounting department at UniLor Inc. He underwent sex reassignment surgery, after which he referred to himself as Stephanie. The company terminated Stephanie for being transgender. Which of the following statements is true in this situation?

 

  1. Stephanie has a cause of action to file a gender discrimination claim under Title VII of the Civil Rights Act of 1964 because she was fired for changing from male to female.
  2. Stephanie does not have a cause of action for gender discrimination because discriminating against transgendered individuals is not considered gender discrimination by courts.
  3. Stephanie does not have a cause of action under Title VII of the Civil Rights Act of 1964 for gender discrimination because she did not file the action before she became a woman.
  4. Stephanie has a valid cause of action if she uses the bona fide occupational qualification (BFOQ) defense.

 

 

 

 

 

 

 

 

  1. 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:

 

  1. discriminatory if it can be shown that the requirements are not directly correlated to ability to do the job.
  2. not discriminatory because firefighters have mostly been tall.
  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 height and weight requirements are a business necessity.

 

 

  1. Based on a case study that showed a jury would consider a female defense attorney as bolstering the credibility of a male defendant, John, a defendant in a case alleging sexual harassment and rape, insists that the law firm handling his case should assign a female attorney to defend him. However, one of the male attorneys is more qualified to handle the case, and he objects to assigning a female attorney based on John’s request. If the law firm assigns a female attorney to John’s case, it is:

 

  1. not a violation of Title VII of the Civil Rights Act of 1964 because it is a bona fide occupational qualification based on the case study.
  2. a violation of Title VII of the Civil Rights Act of 1964 because it is based on customer preference.
  3. not a violation of Title VII of the Civil Rights Act of 1964 because John can articulate a legitimate nondiscriminatory reason for his preference.
  4. a violation of Title VII of the Civil Rights Act of 1964 because it is a bona fide occupational qualification for a male defendant to be represented by a male attorney.

 

  1. Katherine, a teacher at a private school, becomes pregnant before her marriage. When she informs the management of the school about her pregnancy, she is told that she cannot keep her job because having an unwed, pregnant teacher and, later, an unwed mother is bad for the school’s reputation. Katherine feels that her employer’s action is discriminatory. Which of the following statements is true in this situation?

 

  1. Katherine cannot bring a case under Title VII of the Civil Rights Act of 1964 because the act protects only pregnant women who are married.
  2. Katherine can bring a case of gender-plus discrimination against her employer.
  3. Katherine has a valid disparate impact claim against her employer.
  4. Katherine cannot bring a case under Title VII of the Civil Rights Act of 1964 because the act does not cover private employers.

 

 

  1. Fetal protection policies are:

 

  1. legally required only if an employer has more female employees than male employees.
  2. prohibited by Title VII of the Civil Rights Act of 1964 if the policy applies only to women.
  3. prohibited by the Fair Labor Standards Act if the policy applies equally to both women and men.
  4. judicially administered only when there are more male employees than female employees in a workplace.

 

  1. Cassie works for RedBug Telecommunications Inc. as a customer relationship executive. According to the company’s grooming policy, male customer relationship executives can wear normal business attire to work, but female employees are required to wear uniforms, though both perform the same duties. Which of the following holds true in this scenario?

 

  1. Cassie does not have a claim for gender discrimination under Title VII of the Civil Rights Act of 1964 because RedBug Telecommunications hires both male and female employees.
  2. Cassie has a valid gender discrimination claim under Title VII of the Civil Rights Act of 1964 because female employees are being treated differently from male employees regarding attire with no reasonable job-related justification.
  3. Cassie does not have a claim for gender discrimination under Title VII of the Civil Rights Act of 1964 as long as RedBug Telecommunications can show that both male and female customer relationship executives are paid equally.
  4. Cassie has a valid gender discrimination claim because Title VII of the Civil Rights Act of 1964 restricts employers from imposing grooming codes on their employees.

 

  1. The intent of sexual harassment law is to make the workplace totally devoid of sexuality.

 

TRUE               FALSE

 

  1. 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.

 

TRUE   FALSE

 

  1. Jason was being asked for sexual favors by his boss, Katrina. She would force him to meet her outside work and would touch him inappropriately. She even promised him a promotion if he agreed to be sexually intimate with her. Jason reluctantly succumbed to Katrina’s demands and got a promotion. When he refused to engage in further sexual activity with Katrina, she fired him. Which of the following holds true in this scenario?

 

  1. Jason cannot file a claim for sexual harassment because he is a man, and workplace sexual harassment claims are normally made by women.
  2. Jason cannot file a claim for sexual harassment because he participated by being sexually intimate with her.
  3. Jason can file a claim for quid pro quo sexual harassment.
  4. Jason can only file a claim for hostile work environment sexual harassment.

 

 

  1. .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:
  2. it is sexual harassment only if the harassee is a female employee.
  3. it is sexual harassment as the law strives to totally devoid workplaces of sexuality.
  4. it cannot be termed sexual harassment as it was once consensual in nature.
  5. it can become sexual harassment at the time the activity is no longer consensual.

 

 

  1. Gregory, the manager of a consulting firm, invariably yells at all of his employees, calling them “stupid,” “idiot,” “useless,” or similar terms. However, when he shouts at his female staff members, he usually adds an additional word such as “bitch,” “whore,” or some other obscene reference specific to the gender. Adrianne, a subordinate who is fed up with Gregory’s behavior, decides to file a complaint with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this case?

 

  1. Adrianne can prevail on a hostile environment sexual harassment claim because Gregory’s hostility has a component specifically directed at women.
  2. Adrianne can prevail on a complaint of hostile environment gender discrimination only under state laws but not under Title VII of the Civil Rights Act of 1964.
  3. Adrianne cannot prevail on a hostile environment gender discrimination claim because Gregory has not asked her for sexual favors.
  4. Adrianne cannot prevail on a complaint of hostile environment sexual harassment because Gregory invariably yells at his male employees as well.

 

  1. Frank, a maintenance worker at the Breakwater Swimming Club, is physically attracted to Brenda, one of the swimming instructors. Though Brenda has shown no interest in him, he has been stalking her, making lewd comments to her, and making sexual threats. Frank has been careful to keep his behavior very low profile. Brenda does not bring this matter up with the club’s management but instead decides to quit her job and file a claim of sexual harassment against the club. Which of the following holds true in this scenario?

 

  1. Breakwater Swimming Club will be liable for Frank’s behavior, regardless of its ignorance of Frank’s activities.
  2. Breakwater Swimming Club can avoid liability if it can be shown that there was no way for it to be made aware that there was an issue resulting in the constructive discharge.
  3. Breakwater Swimming Club will not be liable for Frank’s behavior under any circumstances because private employers are not covered under Title VII of the Civil Rights Act of 1964.
  4. Breakwater Swimming Club will have a cause of action against Brenda if it can be shown that Frank only made threats but did not physically harass her.

 

  1. Pam worked as the only female security guard among other male guards. She was verbally harassed by her male colleagues because she did a “man’s job.” They would sometimes hide her badge and keys, grease her uniform, and break open and wreck her locker. Pam complained to her supervisor, who immediately inquired if any of the men had ever touched her. When she said no, the supervisor said that there was nothing he could do to stop it and that it was just horseplay. Which of the following holds most true in this case?

 

  1. Pam does not have a claim for sexual harassment because none of the men have touched her inappropriately.
  2. Pam has a claim for sexual harassment because she is being harassed on the basis of her gender.
  3. Pam does not have a claim for sexual harassment because no tangible adverse employment action has been taken with regard to her job.
  4. Pam has a claim for sexual harassment because she was hired for a job mostly suitable for men.

 

  1. Norbert and Suzie are both lineworkers for a utility company who have been working together for almost two years. Norbert frequently tells Suzie that the job is called “lineman” and not “linewoman,” and thus, it is not a woman’s job. He plays practical jokes on her such as hiding some of her tools and sabotaging her truck. He asks her when she plans on getting pregnant and staying at home to take care of her children and gives her copies of “Help Wanted” ads for secretarial and waitress jobs. Such behavior has kept Suzie disturbed at work. If Suzie complains about Norbert’s conduct:

 

  1. he will not be found to have committed sexual harassment against Suzie because he never made physical contact with her.
  2. he will not be found to have committed sexual harassment against Suzie because there were no sexual overtones in his comments.
  3. he will be found to have committed sexual harassment against Suzie because his comments violated the Pregnancy Discrimination Act.
  4. he will be found to have committed sexual harassment against Suzie because the harassment was based on gender and unreasonably interfered with Suzie’s ability to do her job.

 

  1. Managers investigating sexual harassment claims by an employee should:

 

  1. keep the matter confidential and not notify the alleged harasser until the investigation is completed and the company has decided on the corrective action to be taken.
  2. ask the employee to take a sabbatical until the end of the investigation.
  3. inform the claimant that the harasser will be notified of the complaint and that the company will not allow the harasser to retaliate against him or her for filing the complaint.
  4. ask the claimant to submit valid proof against the alleged harasser before starting the investigation.

 

  1. Tyson, the branch manager at Middletown Bank, hires Marge as a teller. A few months later, he urges her to engage in some sexual activity with him in return for a promotion to the post of senior teller. Fearful about losing her job, Marge agrees. After a year of an intermittent sexual relationship with him, she tells him that the relationship is over. When she applies for the job of assistant branch manager, Tyson selects another employee in the branch with less experience for the job. In spite of the bank’s well-developed sexual harassment policy, which requires complaints of sexual harassment be made to the human resources department, Marge files a complaint with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this case?

 

  1. Middletown Bank is not liable for sexual harassment because Marge failed to report the harassment pursuant to its sexual harassment policy.
  2. Middletown Bank is not liable for sexual harassment because it prohibited sexual harassment in its policies.
  3. Middletown Bank will face limited liability for hostile environment sexual harassment.
  4. Middletown Bank will face strict liability for quid pro quo harassment.

 

 

  1. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation.

TRUE               FALSE

 

 

  1. Sofia is a homosexual. She works in the sales department of True Ace Motors, a Delaware-based firm. Her supervisor constantly tells her that she should dress more femininely, wear makeup, and adopt ladylike behavior. After several failed attempts to change Sofia’s behavior, True Ace Motors terminates her. Sofia files a discrimination claim with the Equal Employment Opportunity Commission (EEOC). In this scenario, Sofia’s claim is:

 

  1. actionable because discrimination based on sexual orientation is prohibited under Title VII of the Civil Rights Act of 1964.
  2. actionable because gender stereotyping results in gender discrimination, which is unlawful under Title VII of the Civil Rights Act of 1964.
  3. not valid because the state laws in Delaware do not prohibit discrimination based on sexual orientation or gender identity.
  4. not valid because she is an at-will employee, and she can be terminated without a reasonable cause.

 

 

  1. Joseph, an African American, works on the assembly line at Red Globe Appliances. While working, he talks in detail about his intimate sexual escapades at a local gay bar. The other employees complain to the supervisor, and Joseph is asked not to discuss his personal life at work. Joseph continues to recount stories of his sexual triumphs, and he is terminated. In this scenario, Joseph has a:
  2. gender discrimination claim under Title VII of the Civil Rights Act of 1964 because he was terminated on the grounds of his sexual orientation.
  3. discrimination claim under Title VII of the Civil Rights Act of 1964 if he can show that heterosexuals discussed their sex life at work and were not terminated.
  4. race discrimination claim under Title VII of the Civil Rights Act of 1964 if he can show that white gay men engaged in the same or similar conduct and were not terminated.
  5. discrimination claim under Title VII of the Civil Rights Act of 1964 based on the bona fide occupational qualification defense.

 

  1. Carlos is a customer relationship executive at a bank. He enjoys wearing makeup. One day, he wears makeup to work, causing quite a stir at his workplace. He disobeys a direct order from Christine, his supervisor, to remove the makeup, whereupon he is terminated. In this scenario, Carlos’s termination:

 

  1. violates Title VII of the Civil Rights Act of 1964.
  2. violates the Fourth Amendment of the U.S. Constitution.
  3. is not actionable under Title VII of the Civil Rights Act of 1964.
  4. is not legitimate under the Equal Protection Clause of the U.S. Constitution.

 

 

  1. Lina, a lesbian, is employed by Ostrich Construction as a welder. Lina’s co-workers do not know that she is a lesbian. However, she is frequently subjected to verbal abuse by her male co-workers who think that welding is a man’s job. Lina is called inappropriate names, and she is exposed to nude pictures of women on the walls. When she complains to her supervisor, she is told to ignore such behavior and focus on her work instead. Lina eventually quits her job. Which of the following holds true in this scenario?

 

  1. Lina has a discrimination claim under Title VII of the Civil Rights Act of 1964 because she is a lesbian.
  2. Lina does not have a discrimination claim under Title VII of the Civil Rights Act of 1964 because she voluntarily quit her job.
  3. Lina has a discrimination claim under Title VII of the Civil Rights Act of 1964 because she was subjected to sexual harassment.
  4. Lina does not have a discrimination claim under Title VII of the Civil Rights Act of 1964 because of the bona fide occupational qualification defense.

 

 

  1. A person is considered a transgender:

 

  1. only when the person has emotional and sexual attractions toward both sexes at the same time.
  2. if the person has an affinity for the same gender but does not feel that his or her body and mind are at odds.
  3. if the person feels that his or her physical gender does not match his or her emotional or psychological gender.
  4. only if the person has undergone a gender or sexual reassignment surgery.

 

 

  1. Employers have some flexibility in making workplace policies and decisions related to gay and lesbian employees because:

 

  1. the Equal Employment Opportunity Commission (EEOC) isolates gender identity from gender discrimination.
  2. sexual orientation does not fall under the jurisdiction of state laws.
  3. the Equal Protection Clause of the U.S. Constitution is limited to married, heterosexual couples.
  4. sexual orientation is not a protected category under Title VII of the Civil Rights Act of 1964.

 

  1. Ryan, a homosexual male, was recently appointed as a department head at Yellow City Electronics. Shortly thereafter, he demotes all of the men in his department to a position one grade lower than their previous positions. Mike, one of the demoted males, brings a claim of gender discrimination against Ryan on the grounds that Ryan demoted only men and not women. Which of the following holds true in this scenario?
  2. Mike’s claim will be dismissed because Title VII of the Civil Rights Act of 1964 does not protect against same-gender sexual harassment.
  3. Mike’s claim is inapplicable because Yellow City Electronics is a private employer.
  4. Mike must demonstrate that his sexual orientation is different from the orientation of Ryan in order to survive a motion for summary judgment.
  5. Mike’s claim is valid under Title VII of the Civil Rights Act of 1964 because it is not related to discrimination or harassment based on sexual orientation.

 

  1. The prohibition against discrimination on the basis of religion, under Title VII of the Civil Rights Act of 1964, is absolute.

TRUE               FALSE

 

  1. Atheism cannot be considered the equivalent of a religion for the purposes of Title VII (of the Civil Rights Act of 1964).

 

TRUE               FALSE

 

  1. An employer does not have to accommodate an employee’s religious conflict if doing so would cause an undue hardship, but there must be an attempt at accommodation.

TRUE               FALSE

 

  1. LaTonya joins the Freewill Church, and as a member, she is not allowed to wear pants. Her employer, Salo’s Seafood, requires all employees to wear coveralls provided by the company for safety reasons. Although LaTonya wore the uniform prior to joining the church, she now refuses to wear the coverall. She explains to Sal, the owner of the restaurant, that wearing pants is against her beliefs. Sal makes an exception in her case and allows her to wear knee-length boots with a protective jacket, but LaTonya refuses to wear the boots. Sal fires her for insubordination. Which of the following holds true in this case?

 

  1. Sal is liable for religious discrimination for failing to provide an accommodation that LaTonya would accept.
  2. Sal is liable for religious discrimination for failing to provide a reasonable alternative.
  3. Sal is not liable for religious discrimination because LaTonya’s religious practice is not followed by any other employee at the company.
  4. Sal is not liable for religious discrimination because he made an effort to reasonably accommodate LaTonya’s religious practice.

 

 

 

 

  1. Kawanda, a practicing Muslim, is in the Army. Several years ago, she requested that her commander allow her to wear a khimar (a form of headscarf that extends to the waist) with her uniform. Her request was denied as a violation of the military dress regulation, which specifically barred wearing religious dress or symbols while in uniform. After the denial, Kawanda reported to duty wearing a khimar on three separate occasions and was demoted. Kawanda filed a complaint of religious discrimination. Which of the following is most likely to be true in this case?

 

  1. Kawanda will win because the Equal Employment Opportunity Commission has successfully won at least one case of religious discrimination when an employer refused to allow a Muslim woman to wear a headscarf.
  2. Kawanda will win because the Army did not offer her a reasonable accommodation.
  3. Kawanda will not win because the Army can demonstrate an overriding consideration in that the uniform regulations were designed to maintain military cohesion.
  4. Kawanda will not win because the military is exempt from Title VII.

 

 

  1. Herb, who works as a mechanic for Goodman Tire, is required to work 40 hours per week, including two Sundays per month. On August 1, Herb tells his supervisor that he worships the National Football League (NFL), and he cannot work any Sundays until after the Super Bowl in February. Goodman Tire can refrain from accommodating Herb’s request as:

 

  1. he does not worship a deity.
  2. he is not a member of an organized religion.
  3. his beliefs are not sincerely held, and they do not take the place of religion in his life.
  4. his beliefs are not supported by any religious minister, imam, or rabbi.

 

  1. At the law firm of Olde & Waize, it is the receptionist’s job to coordinate a monthly birthday celebration, which includes ordering and picking up a cake, putting up birthday flyers, setting up the break room, and cleaning the break room after the party. Harold, the new receptionist, informs Ms. Olde that he cannot coordinate birthday celebrations because his religion does not believe in them. Which of the following is the most reasonable way to accommodate Harold’s conflict without causing undue hardship?

 

  1. Olde & Waize can accommodate Harold by ceasing the practice of having birthday celebrations even if it makes the other employees unhappy.
  2. Olde & Waize can assign the coordination of birthday celebrations as additional duties to another employee even if the other employee is unhappy about the decision.
  3. Olde & Waize can have Harold set up and clean up the break room, similar to what would be done for any other event or meeting with food, while assigning other willing employees to order and pick up the cake and put up birthday flyers.
  4. Olde & Waize can ask other willing employees to take on all of the birthday party tasks in return for cash that is more than a de minimis cost and deduct this cost from Harold’s salary.

 

 

  1. Lucinda was a Christian Scientist, while Paulette, her colleague, was a born again Christian. Paulette left a flyer for her church on Lucinda’s desk, emailed Bible verses to Lucinda, and invited her to church service every Sunday, telling her that she should go to a real church. 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 harassment. Which of the following statements is most likely to be true in this case?

 

  1. Paulette’s actions do not constitute religious harassment as they are not based on an evil motive.
  2. Paulette’s actions constitute religious harassment as Paulette’s behavior was severe or pervasive, and Paulette did not stop even after Lucinda’s request to do so.
  3. Paulette’s actions do not constitute religious harassment as Paulette’s First Amendment right to freedom of religion is superior to Lucinda’s claim under Title VII of the Civil Rights Act of 1964.
  4. Paulette’s actions constitute religious harassment because sensitive religious

matters can never be discussed at work.

 

  1. Walden, a pharmacist, informed the pharmacy manager during his job interview that he would not provide contraceptives as it was against his religious beliefs. The pharmacy manager agreed to accommodate Walden by relieving him of the duty of filling birth control prescriptions and taking orders for birth control drugs from customers or physicians. These tasks were assigned to other pharmacists even though they were reluctant to take on additional responsibilities. After starting work, Walden demanded more accommodations. He refused to transfer phone calls from patients seeking contraception, leaving them on hold indefinitely, and he walked away from people who asked for birth control drugs at the pharmacy counter without notifying other staff that those customers needed assistance. The manager then offered to relieve him of counter duty but could not relieve him from telephone duty as the high volume of calls mandated that all employees answer the telephone. Walden refused to accept his role change. As a result, he was terminated. Which of the following is most likely to be true in this case?

 

  1. Walden can show a violation of Title VII’s (of the Civil Rights Act of 1964) religious accommodation requirement because the manager knew he would not perform any activity relating to providing contraceptives when he hired Walden.
  2. The manager can show undue hardship in requiring other employees to assume a disproportionate share of the workload.
  3. Walden can show a violation of Title VII’s (of the Civil Rights Act of 1964) religious accommodation requirement because, other than matters involving contraception, he was an exemplary employee.
  4. The manager cannot show undue hardship because providing contraception is a small part of the services by a pharmacy.

 

 

  1. The Age Discrimination in Employment Act is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers’ reasons for adverse employment decisions.

 

TRUE               FALSE

 

  1. The Age Discrimination in Employment Act does not allow the defense of bona fide occupational qualification to be used by employers.

 

TRUE               FALSE

 

  1. In addition to awarding back pay or front pay that adequately compensates a successful plaintiff in an age discrimination action, courts also grant equitable relief such as injunctions, reinstatement, and promotions.

 

TRUE               FALSE

 

  1. The Age Discrimination in Employment Act only protects those employees from discrimination who are over _____.

 

  1. 40
  2. 20
  3. 60
  4. 70

 

 

  1. Carlos, who is 22 years old, is employed as a security officer at JJ Security Corp., which is a private firm. The manager of JJ Security intends to retain employees who are older as he feels that they are likely to perform better. He fires Carlos and replaces him with Samuel, who is 54 years old. Which of the following statements is most likely to be true in this case?

 

  1. Carlos will win an age discrimination suit under the ADEA against JJ Security as it is illegal to fire an employee on the basis of age.
  2. Carlos cannot file an age discrimination suit against JJ Security as reverse discrimination is not covered under the ADEA.
  3. Carlos will win an age discrimination suit under the ADEA against JJ Security as he is a member of the protected class.
  4. Carlos cannot file an age discrimination suit against JJ Security under the ADEA as it is applicable only to federal employees.

 

 

  1. Barry is 57 years old and is employed by the state as a school bus driver. He has an exemplary record, with no accidents in the past 27 years. Bob, aged 31, replaces Barry. Barry intends to file a discrimination claim under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission. If Barry lives in a state that has not waived sovereign immunity, which of the following statements is most likely to be true?

 

  1. Barry has a valid claim and can sue the state because he can establish all of the elements of a prima facie
  2. Barry cannot file a claim for age discrimination under the ADEA because he is a state employee.
  3. Barry is a state employee and must file his claim pursuant to the Older Workers’ Benefit Protection Act.
  4. Barry does not have a claim for age discrimination under the ADEA as he was replaced by an employee who is older than 30.

 

  1. Under the Age Discrimination in Employment Act, which of the following is not one of the elements that an employee must establish to persuade the court that she or he has a claim for age discrimination based on disparate treatment?

 

  1. She or he suffered an adverse employment action.
  2. She or he is in the protected class.
  3. Others not in the protected class were treated more favorably.
  4. Age was the only factor considered in the adverse employment decision.

 

 

  1. In the event of a reduction in force, age discrimination is most likely to be proven where:

 

  1. the employer reinstates a discharged or demoted employee covered by the Age Discrimination in Employment Act at the employee’s prior salary.
  2. the employer hires younger workers when the jobs become available after an employee was discharged at the prior salary of the older worker.
  3. the employee being discharged is younger than the employees being retained.
  4. the discharged employee is allowed to bump others with less seniority.

 

  1. Harry worked for VF Delivery Service for 35 years. His job included loading trucks, driving trucks to residential and commercial locations, and handing over items to the recipient. He is 60 years old and was fired recently. He claimed age discrimination under the Age Discrimination in Employment Act. VF Delivery Service will prevail if it can show that:

 

 

  1. Harry no longer has 20/20 vision, which is required to safely drive the trucks.
  2. Harry signed a waiver without the presence of an attorney.
  3. Harry will receive an early retirement incentive from the company.
  4. Harry’s salary is substantial enough to be an economic burden on the company.

 

 

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

 

 

  1. quid pro quo
  2. hostile environment
  3. disparate impact discrimination
  4. reverse discrimination

 

  1. When determining the essential functions of a job, an employer must look to the function desired to be accomplished and not to the means of performing that function.

 

TRUE   FALSE

  1. Disability is determined on the basis of the effect the impairment has on the disabled person’s life.

 

TRUE   FALSE

 

  1. Current illicit drug users are protected by the Americans with Disabilities Act (ADA).

 

TRUE   FALSE

 

  1. Gina was severely burned in a house fire when she was a child. She has extensive disfiguring burn scars on her face and neck. She applied for the position of a cashier at Food End and was not hired, despite her qualifications, because the employer feared that customers would be repulsed by Gina’s scars. Which of the following would be the most likely outcome if Gina files a discrimination claim under the Americans with Disabilities Act?

 

  1. Food End will be liable under the Americans with Disabilities Act (ADA) because of its perception that Gina was disabled even though she was perfectly capable of performing the job.
  2. Food End will not be liable under the Americans with Disabilities Act because refusing to hire someone based on their appearance does not violate the act.
  3. Food End will be liable under the Americans with Disabilities Act only if Gina can show that the employer does not have to provide any reasonable accommodations if she is hired as a cashier.
  4. Food End will not be liable because the Americans with Disabilities Act does not apply to private employers.

 

  1. Helen, a trained medical secretary at Orchid Hospital, suffers from a condition that causes her to have periodic severe headaches that could last anywhere between a couple of hours to a few days. There is no cure for the condition, and her pain is managed with medication that makes her drowsy. Normally, without a headache, Helen is active and productive. Her request to work on a flextime basis is denied by the hospital because it would be impossible to prepare a schedule for her department without being sure whether she will be able to work or not. Which of the following holds true in this case?

 

  1. Orchid Hospital is liable under the Americans with Disabilities Act (ADA) for refusing to reasonably accommodate Helen’s disability.
  2. Orchid Hospital is not liable under the Americans with Disabilities Act because Helen’s erratic, unexplained absences are not reasonable even if they are due to a disability.
  3. Orchid Hospital is liable under the Americans with Disabilities Act because it failed to collect adequate information about Helen’s health condition before hiring her.
  4. Orchid Hospital is not liable under the Americans with Disabilities Act because the act does not extend to private employers.

 

 

 

 

 

 

 

 

 

 

 

 

 

Essay Questions

 

 

  1. Title VII requires employers to reasonably accommodate an employee’s religion and religious practices to the extent that the accommodation does not cause an undue hardship. Discuss the factors to be considered in determining whether the employer’s effort to accommodate are reasonable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. What are the eligibility requirements for an employee to request leave under the Family Medical Leave Act? How does the Families First Coronavirus Response Act expand eligibility?