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Exam 24: Employment and Discrimination Law

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Question 31

True/False

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Title VII of the Civil Rights Acts of 1964 applies to all employers,regardless of the number of employees they have.

A) True
B) False

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Question 32

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Styling Shenanigans.Candy,who operated a hair and nail salon called "Up Sweep," had a crush on Bruce,a stylist there.He paid her no attention.Finally,Candy told him that to get her approval of his new blow dryer request,he needs to take her on a date and give her a kiss.Bruce reluctantly did so.When they returned to work,Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders.When she passed Bruce's station,she would caress him while he worked.Candy also decided that Robert was cute,and she showered him with the same type of attention.Robert enjoyed the attention,but Bruce was offended and filed a claim against Candy for sexual harassment.Bruce asked Robert to join in on the claim.Robert said that it personally never bothered him; but that if Bruce can collect,then he wants in on the action.Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise.Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's.Robert says that while he found Candy entertaining,in all fairness,he should be able to recover if Bruce does so.Of which of the following types of harassment were Candy's caresses and suggestive statements?

A) Quid pro quo
B) Hostile work environment
C) Sexual annoyance
D) Quid pro quo,hostile work environment,and sexual annoyance
E) Quid pro quo and hostile work environment,but not sexual annoyance

F) B) and D)
G) None of the above

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Question 33

Multiple Choice

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The Family and Medical Leave Act guarantees all eligible employees up to ________ weeks of unpaid leave during any ________ month period for designated family-related occurrences.

Surprise Arrival.Gracie was surprised and pleased to find she was pregnant.She worked as a waitress at Good Food and was aware that Groucho,her employer,had allowed employees who were ill for reasons that were not work related to take paid time off.For example,her friend Craig was off with pay for two months after suffering a mild heart attack,and her friend Bonnie was off work for three months when she ran her personal watercraft into a dock and broke her leg.Gracie told her employer Groucho about her pregnancy.He very angrily told her that pregnancy was completely voluntary,that he was not paying her a dime when she was off work,and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight.He also said that he serves families,and he does not want the kids to ask embarrassing questions of their parents regarding Gracie's condition.Gracie was very angry and threatened to sue.Groucho told her,however,that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII.The employee handbook did not address the issue.Which of the following is true regarding Groucho's comment that pregnancy-based discrimination is not covered by Title VII?

How much must an employee pay in order to continue health benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA) ?

Which of the following is true regarding discrimination based on sexual orientation?

Which of the following is a defense that allows an employer to discriminate in hiring on the basis of sex,religion,or national origin if doing so is necessary for the performance of the job?

What is the federal minimum wage?

Remedies for Americans with Disabilities Act violations are similar to those available under Title VII of the Civil Rights Act of 1964.

Under Title VII of the Civil Rights Act of 1964,which of the following occurs procedurally after an employee-plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

What must a union and employer do once a union has been elected,and what duties does an employer have regarding increasing benefits at that time?

Multiplication.Phyllis,who is 30 years old,works for We Add for You Accounting.Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets,Sunny,Fussy,and Perky.She asks her boss,Bolivar,about the pension plan at We Add for You.Her boss tells her that she is not entitled to that information until she is at least 60 years old.Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so.Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences.He asks her to keep those up.Phyllis tells him that her personal phone calls are none of his business.Bolivar says that he can listen if he wants because the phones are his.Phyllis ends up starting her own company called We Multiply for You,and makes much,much more money.(In answering the following questions,assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following addresses the retention of medical benefits upon leaving a job?

Which of the following is the form that verifies the identity and eligibility of all individuals hired in the United States?

According to the ________ doctrine,an employee may be fired for almost any reason.

Dogs and Formals.Paul owns a dog grooming business and needs patient people to work there.He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience.Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her.Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs.Upon learning that her state lacked a state office representing the Equal Opportunity Commission,Penny immediately sues him in federal court alleging a violation of Title VII.Paul,who is getting tired of the dog grooming business,also opens a new formal wear shop and needs to hire employees there as well.He wants to appeal to high school and college-age young ladies attending proms and formals.Paul decides that he does not want older sales clerks to assist in choosing formal dresses.He only wants young,attractive ones.Paul runs an ad in the local paper seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school.Tina,age 60,applies and tells Paul that while she sees no reason that computer training should be required,she attended computer training in adult education and has excellent computer and sales skills.Paul refuses to hire her,telling her that unless he follows the ad,he may be seen as practicing discrimination.Deciding that formal wear is more trouble than dogs,Paul shuts down the formal wear store.Which of the following is true involving Paul's plan to require computer training in high school in order to eliminate older workers?

________ expands the definition of sex discrimination based on gender.

Discrimination based upon ________ is protected by Title VII of the Civil Rights Act of 1964.

Which of the following was the result in Teresa Harris v.Forklift Systems,Inc.,the case in the textbook in which the United States Supreme Court addressed the issue of whether an employee must suffer serious psychological damage in order to pursue damages for a claim of sexual harassment?

A ________ letter is provided to a plaintiff if the Equal Employment Opportunity Commission decides not to sue on behalf of the plaintiff.

Under the Americans with Disabilities Act,employers must make reasonable accommodations for known physical or mental disabilities of an otherwise qualified person with a disability unless the necessary accommodations would impose an undue burden on the employer's business.