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With Employment at Will, there are no minimum standards for the terms and conditions of employment.
b) False
1 multiple choice option
Chapter 1: The case of Oto LLC v Kho is presented to show how a court would evaluate an Arbitration Agreement to determine if the agreement is unenforceable due to 'unconscionability.' The case started with the Labor Commissioner, then to the Trial, on to the Court of Appeals, and finally to the Supreme Court of California. The Supreme Court evaluated and discussed both the process to create the Agreement and the content of the Agreement. The conclusion of the Supreme Court was which of the following?
d) California law requires both Procedural or Substantive Unconscionability to render an agreement unenforceable and found both in this case and declared the Agreement unenforceable.
3 multiple choice options
Which of the following is generally true regarding the process of enforcing employment laws?
b. Courts and government agencies hear cases only after employees come forward with complaints about violations of the law
3 multiple choice options
Regarding the interrelationship of federal and state employment laws:
a. States may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws
3 multiple choice options
Employment laws are passed only by state and federal governments, not by cities or counties
b. False
1 multiple choice option
Chapter 1: In EEOC v AutoZone, the EEOC sued AutoZone on behalf of an employee who suffered injury and disability because his employer would not provide a reasonable accommodation for his disability. AutoZone argued that the damages awarded by the jury were too high, and also offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled:
a. For the plaintiff, because the damages awarded were consistent with the damages awarded in similar cases
3 multiple choice options
Chapter 1: In the case of Warner v United Natural Foods, Inc., the plaintiff, Dennis Warner, was terminated by a hostile Human Resources Director shortly after filing a complaint with the State Health Deparment. Warner complained that his employer, the defendant United Natural Foods, was not following required COVID-19 safety protocols. Warner sued the defendant for wrongful termination, alleging that he was retaliated against by his employer in violation of public policy for filing a lawful complaint. The Court concluded which of the following?
a. For the defendant because there was no clear pronouncement of public policy during the COVID-19 pandemic that could create an exception to the presumption of employment at will.
3 multiple choice options
As the Human Resources manager of your firm, the task of putting into effect the firm's new mandatory arbitration agreement has fallen to you. At a minimum, legally, which of the following actions would be a best practice to make the policy enforceable?
c. Provide employees with a copy of the agreement, and ask them to sign it.
3 multiple choice options
Which of the following provisions, if included in a mandatory arbitration agreement, would be likely to render it unenforceable?
a. A provision that requires the employee to pay the costs of the arbitrator's services.
3 multiple choice options
An arbitration agreement which is unjustifiably one-sided to such an extent that it shocks the conscience is:
c. substantively unconscionable
3 multiple choice options
Chapter 3: The case of Jones v Oklahoma City Public Schools, Jones sued under the Age Discrimination in Employment Act (ADEA). The plaintiff in an ADEA case must meet the elements of the prima facie case. However, in age discrimination cases, there is a different standard of causation necessary for the plaintiff to prove in order to prevail. Which of the options below best describes this standard?
c. But-for my age, the adverse employment action I suffered would not have happened.
3 multiple choice options
Which of the following must be shown in order to establish a prima facie case of retaliation?
b. That the employee lost an employment opportunity shortly after engaging in protected activity
3 multiple choice options
In disparate treatment cases:
d. the focus is on proving the employer's discriminatory intent
3 multiple choice options
Chapter 3: In the case of Strothers v City of Laurel, the plaintiff Felicia Strothers sued her employer for Retaliation after being fired a day after she lodged a complaint that she was being harassed because of her race. The District Court dismissed the case for failing to establish a prima facie case. The Circuit Court was tasked with deciding if Strothers met all of the elements of the prima facia case for a retaliation claim. Which element of the retaliation claim prima facie case did the District Court believe was absent that the Circuit Court found to exist?
c. The plaintiff did not engage in protected activity
3 multiple choice options
Sheila is a plaintiff in a disparate impact case. The focus of her case must be on:
b. on showing the discriminatory effects of the employer's actions
3 multiple choice options
Three employees working for the same company were found to have stolen company cargo. Two of the employees were white, and one was black. The two white employees were fired, but not the black employee. If the white employees sue, the court will most likely decide:
c. for the employees, because the employer treated them differently based on their race
3 multiple choice options
An employee applied for an open position in the company's IT Department and was told by the department manager "he could not offer her the job position" because a higher-ranked manager had said that "he wanted a Korean in that position." If proven in a court of law, this statement is:
b. direct evidence of disparate treatment
3 multiple choice options
For a disparate treatment case involving pretext, which is the correct order of proof?
d. plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent
3 multiple choice options
Sam and Sarah, husband and wife, both worked for an aluminum siding firm, doing similar work in production. Their co-worker, Ahmed, who was a Muslim, was systematically harassed by their supervisor, who called him a terrorist, denied him the right to pray, and generally made his life at work very difficult. Sarah spoke up on his behalf, and the supervisor demoted Sam, her husband. Which of the following statements is most correct?
b. Sam has a cause of action against the employer for retaliation
3 multiple choice options
Fred sued his employer, Tech Inc., on disparate impact grounds. If Tech Inc. can show that the actions that affected Fred are job related and consistent with business necessity, Fred can still win by showing that:
d. Tech Inc, had an alternative practice that would have less discriminatory effects and declined to use it.
3 multiple choice options
In order to avoid liability for negligent hiring, the primary question an employer must consider is:
c. whether the employer could foresee that hiring an unfit person in the particular job would render injury or harm to others likely
3 multiple choice options
A company hired a file clerk, but did not inquire into his criminal history. In fact, he has had several convictions for driving while intoxicated. On a lunch break, he got drunk and assaulted a waitress at a nearby restaurant. If the waitress sues the employer, a court would most likely decide that:
d. the employer is not liable for negligent hiring because the job of file clerk does not subject people to risk, and the evidence of unfitness was not related to the job.
3 multiple choice options
Chapter 5: In the Hammer v Lee Memorial Health Sustem case, the plaintiff sued Lee Memorial under both the Vicarious Liability (Respondeat Superior) and Negligent Hiring theories of liability. The Court found that Lee Memorial negligently hired Hechavarria because of which of the following?
d. Lee Memorial should have known of Hechavaria's propensity of violence toward women.
3 multiple choice options
Which of the following statements is a bad practice for Employers?
c. Employers may perform a criminal background check searching for arrests.
3 multiple choice options
A project manager applied for a job, and listed his previous employer as a reference. When the prospective employer called, the man who gave a reference for the project manager falsely implied that the project manager was incompetent, even though he had never worked with or supervised the employee, nor checked any employment records. The project manager did not get the new job. If the project manager sues his former employer for defamation, the court will likely rule that:
d. the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made
3 multiple choice options
Chapter 5: In the Moraes v White case, the plaintiff, Moraes, sued her employer, White, for defamation. Which statement below is most accurate?
a. The court found for Moreas because the alleged defamatory statements were published to an overly broad audience.
3 multiple choice options
Which of the following is a tue-statement regarding employer compliance with the Immigration Reform and Control Act?
b. Employers are not required to verify the authenticity of documents that appear to be genuine.
3 multiple choice options
Which of the following is NOT an example of an employee acting within the scope of employment?
a. A driver of an armored car owned by his employer became enraged and assaulted a motorist.
3 multiple choice options
"Knowledge" as an element of the tort of negligent hiring, means all of these EXCEPT:
c. the employer had no first-hand knowledge of unfitness
3 multiple choice options
Negligent hiring:
b. makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment
3 multiple choice options
Your fim has been wanting to hire another engineer for some time, and your supervisor has just made an offer to someone from out of state. The hiree is in the process of selling his house, and moving his family to your city. But you are well aware that the economie downturn has sharply curtailed business, and you don't see how the current level of business can support another engineer. In fact, you are all a little concerned about layoffs. You know that your supervisor also knows all of this, but he has told you that he won't withdraw the offer until he absolutely has to. By that time, the hiree may well have sold his home and moved his family, but have no new job with your firm. If the offer is withdrawn under these circumstances, and the hiree sues, which causes of action, if any, might be successful?
b. Promissory estoppel and fraud
3 multiple choice options
Which of the following statements is true as to discrimination against caregivers?
a. Sex stereotyping is a common form of discrimination against caregivers.
3 multiple choice options
Regarding promotions, which of the following would NOT constitute good information and advice for managers?
c. Since not all are qualified to be promoted, it is not advisable to post or announce possible promotion opportunities; rather one should advise only the people who may be qualified
3 multiple choice options
A BFOQ may be recognized in all of these situations EXCEPT when:
d. there is a preference for a certain gender
3 multiple choice options
Regarding subjective criteria, which of the following statements is NOT true?
c. An assessment of motivation is not a subjective criterion
3 multiple choice options
Chapter 7: In Lewis v. Heartland Inns of America, a front desk worker was fired following complaints by one manager that her dress style was "more masculine," and that she had "an Ellen DeGeneres kind of look." If she sues, the court will most likely decide:
d. for Lewis, because the kind of sex stereotyping she encountered constituted sex discrimination
3 multiple choice options
Which of the following would NOT be considered a sex-plus policy issue?
d. asking men and women about childcare arrangements during a pre-employment interview
3 multiple choice options
Certain machinery used by Machinists in a manufacturing plant is old and was originally designed for use by an "average-sized male." Citing safety concerns, the company only hires average-sized males for Machinist jobs working with the old machinery. If a female who applies for a Machinist job at the plant is not hired and sues, a court would most likely rule that:
c. the employer violated Title VII by facially discriminating, based on sex.
3 multiple choice options
Which of the following is most likely a proper application of a Bona Fide Occupational Qualification?
c. Requiring airline pilots to retire at 65 years of age.
3 multiple choice options
Chapter 7: In the case of Hilde v City of Eveleth, claims that the City of Eveleth discriminated against him on the basis of his age in violation of the Age Discrimination in Employment Act (ADEA). To establish age discrimination, a plaintiff must prove by the preponderance of the evidence that age was the 'but-for' cause of the employment decision. The District Court initially found for the City, stating that Hilde did not make out a prima facia case, and did not show the City's stated reasons for not promoting Hilde to be pretextual. The Circuit Court ruled for:
d. Both b. and c. are correct.
3 multiple choice options
The Supreme Court recently decided that the "reasonable accommodation" standard is the same for disability and religion.
a. True
1 multiple choice option
Once a reasonable accommodation is made for a disabled employee, the employer has met its obligation for the duration of the person's employment.
b. False
1 multiple choice option
Which of the following is necessary to establish the existence of a disability under the ADA?
d. Having a physical or mental disability which affects at least one major life activity
3 multiple choice options
When the A.D.A. includes in the definition of disability an employee "regarded as having such an impairment", the A.D.A. is protecting:
a. people who are not disabled, but are erroneously regarded as being disabled.
3 multiple choice options
The basic criteria for identifying the essential functions of a position do NOT include:
b. evidence from systematic studies of the position to document the major tasks involved in successful job performance.
3 multiple choice options
In order to be a qualified individual with a disability," a disabled person must:
a. meet the same, job-related education, skill, and background requirements as other job candidates or employees
3 multiple choice options
Under the ADA, it is important that job descriptions:
b. clearly identify the essential functions of jobs.
3 multiple choice options
Which of the following would usually be considered a reasonable accommodation of disability?
a. Providing a part-time or modified work schedule
3 multiple choice options
Under Title VII, the concept of "religion" is:
c. include all aspects of religious observance and practice, including moral and ethical beliefs which are sincerely held.
3 multiple choice options
Which of the following is an element of a prima facie case of failure to reasonably accommodate religion?
b. conflict exists between a sincere religious belief or practice and an employment requirement
3 multiple choice options
Which of the following is part of the "affirmative defense" available to employers in certain hostile environment cases?
d. The employer exercised reasonable care to prevent and correct promptly any harassment.
3 multiple choice options
Chapter 8 - Harassment: In the case of Parker v Reema Consulting Services, the Circuit Court addressed the issue of whether the harassment that was alleged was based upon the protected class of Gender, and whether the harassment complained of was sufficiently severe or pervasive to create a hostile work environment. The Court looked at all of the circumstances including the frequency of the conduct, whether it was physically threatening or humiliating or a mere offensive utterance, and whether it unreasonably interfered with the employees work performance. The Court concluded:
a. the harassment alleged was severe or pervasive such that it altered the conditions of her employment and created an abusive environment
3 multiple choice options
If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule:
b. that the quit is a constructive discharge, which constitutes a tangible employment action if it results from an official act such as a demotion or pay cut.
3 multiple choice options
Which of the following should be included in an employer's policy prohibiting harassment?
c. A clear and accessible procedure for reporting harassment
3 multiple choice options
Chapter 8 - Harassment: In the monkey business' case of Gerald v University of Puerto Rico, the Circuit Court analyzed the facts against both theories of Sexual Harassment: 'Quid Pro Quo' and 'Hostile Work Environment (HWE). The Court decided that based upon the facts alleged:
c. a reasonable jury could conclude that Gerald suffered both 'Quid pro Quo' and 'HWE' sexual harassment.
3 multiple choice options
When a female supervisor demands sexual favors from a male employee so that he can keep his job or get a raise, it is called this:
a. quid pro quo harassment
3 multiple choice options
Which of the following statements regarding an employer's vicarious liability for harassment is NOT true?
b. The employer automatically has an affirmative defense to vicarious liability when a hostile environment is created by a top official.
3 multiple choice options
In the case of "equal opportunity harassers" who harass both men and women, the courts tend to rule:
d. for the harasser, because the harassment is not because of sex
3 multiple choice options
A male customer of a sports bar has taken a particular liking to one of the waitresses, and always asks to be seated at her station, so that she will wait on him. He has spoken to the manager of the bar, and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer, because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it's good money (he does tip her well), and she should be nice to him. If she files suit for harassment, what will the court most likely rule?
d. For the employee, because the customer has committed harassment, the employer knew about it, and did nothing.
3 multiple choice options
Which of the following is a necessary element of a sexual harassment claim?
a. The harassment was unwelcome
3 multiple choice options
To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked:
a. at least 1250 hours during the previous 12 months
3 multiple choice options
Under the FMLA, employees are entitled to:
a. have all benefits maintained under the same conditions as if the employee had not taken leave
3 multiple choice options
An employee who had taken periods of FMLA leave over a two year period was terminated for poor attendance because of those absences. She brings suit under the FMLA. What should the court rule?
d. the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave
3 multiple choice options
The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that:
b. employers must, in most cases, reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions and wage increases.
3 multiple choice options
"Hopalong" Jones was a cowboy working on a cattle ranch out west. He has worked at the ranch for three years and has done an excellent job. He is also a two time bull riding champion at the state rodeo competition. He is fired when he admits to being gay.
c. Hopalong may have a cause of action against the cattle ranch because sexual orientation is a protected class under Title VII
3 multiple choice options
The accent of an employee or job applicant can lawfully be taken into consideration when:
c. when communications are a significant part of the job in question, and the person's accent substantially interferes with the ability to communicate
3 multiple choice options
In the event of the serious injury or illness of a service member incurred while on active duty, the maximum period of leave under the FMLA during a 12 month period is:
d. twenty-six weeks
3 multiple choice options
Which of the following is a "qualifying event" under the FMLA?
a. birth of a child
3 multiple choice options
Chapter 10 - The recent Supreme Court case, Bostock v Clayton County, found legal protection against discrimination based on sexual orientation in:
a. Title VII of the Civil Rights Act
3 multiple choice options
Chapter 10 - In the case of Ramji v Hospital Housekeeping Systems, LLC., the Circuit court addressed the issue of the interrelatedness of the Federal Family and Medical Leave Act (FMLA) with State Workers' Compensation laws. Among other holdings, the court decided:
a. providing workers' compensation benefits cannot absolve an employer of all obligations under the FMLA.
3 multiple choice options