lecture9 extra

What are the six elements of the Economic Realities Test discussed by the professor?

Permanence of working relationship; required skill; worker investment in equipment; opportunity for profit or loss; degree of employer control; whether the service is integral to the business.

A worker provides services to the same company for ten years under its daily supervision. Which classification is more likely?

Employee. A long-term relationship and extensive employer control suggest an employer-employee relationship.

A landscaper purchases $10,000 of equipment, works for several customers and sets prices independently. Which classification is more likely?

Independent contractor. The worker invests in equipment, controls the business and bears profit or loss risk.

An office hires a worker for ongoing full-time work, provides all equipment and determines every working hour. Which classification is more likely?

Employee. Permanent work, employer-provided tools and extensive employer control favor employee status.

A company calls its workers independent contractors to avoid providing benefits. Does that label automatically determine their classification?

No. The actual working relationship must be evaluated under the applicable legal test.

A worker negligently injures a customer while performing normal job duties. Which legal doctrine could make the employer responsible?

Respondeat superior. Employers can generally be liable for employees' negligent actions within the scope of employment.

A company fires an employee for attending mandatory jury duty. What principle may be violated?

Public policy exception to employment at will. Employees cannot be dismissed for reasons prohibited by law.

A company transfers an employee to an unreasonable distant location hoping the worker will resign. What concept applies?

Constructive discharge. The employer may be attempting to force a resignation to avoid treating the worker as laid off.

A private employer fires an employee for publicly criticizing the president. Does the First Amendment automatically prohibit the firing?

No. The First Amendment generally restricts government action, not ordinary private-employer employment decisions.

A publicly traded company conceals a serious risk that could affect its stock price. An employee reports it to the SEC. What concept applies?

Whistleblower protection. The report concerns potentially material undisclosed information and may qualify for statutory protection.

A qualified job applicant is rejected because of their religion. Which federal law is relevant?

Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on religion and other protected characteristics.

What five protected characteristics are expressly listed in the professor's Title VII slide?

Race, color, religion, sex and national origin.

A supervisor offers an employee a promotion only if the employee agrees to a sexual relationship. What type of harassment is this?

Quid pro quo harassment. A job benefit is conditioned on sexual favors.

A supervisor repeatedly makes offensive sexual comments and inappropriately touches several employees. Which legal concept applies?

Hostile work environment sexual harassment. Apply the frequency, physical nature, offensiveness, supervisory power and multiple-victim factors.

What six factors should you discuss when analyzing a hostile work environment story?

Whether conduct was verbal or physical; frequency; hostility or offensiveness; supervisor versus coworker; whether others participated; whether several people were targeted.

A coworker tells one inappropriate joke. Does that automatically establish a hostile work environment?

No. Courts assess severity, frequency and the surrounding circumstances. One incident is not automatically enough, though a sufficiently severe incident may qualify.

Why did the Eastern Washington apple-farm scenario strongly support a hostile environment claim?

The supervisor repeatedly touched multiple women inappropriately, held authority over them and was the main communication route to owners, making complaints difficult.

What are the two employer protection steps the professor emphasized for harassment cases?

Clearly communicate a zero-tolerance harassment policy; provide an effective and prompt complaint procedure without retaliation.

A firm distributes a harassment policy but ignores complaints for months. Has it satisfied the professor's two-step prevention framework?

No. The complaint system must actually respond promptly and address misconduct; merely having a written policy is insufficient.

A city bans a workplace activity based mainly on moral objections, while allowing similar conduct elsewhere. What problems should you recognize?

Morality is subjective, and inconsistent restrictions may face constitutional challenges. The Everett bikini-barista case illustrated this concern.

A government rule remains unchanged, but the enforcement agency loses its budget and cannot act. Which deregulation category applies?

Procedural deregulation. The government weakens enforcement without formally changing the law.

A regulation protects workers but raises employer costs and has unexpected consequences. Which framework helps analyze it?

The public policy process: Inputs, Goals, Tools and Effects, including both intended and unintended results.