Question 1

Under the Pregnancy Discrimination Act (PDA):

Accepted Answer

A) employers are required to provide leave for childbirth and medical problems related to pregnancy 
B) employers are required to restore employees returning from pregnancy leave to their former jobs or equivalent positions 
C) employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end 
D) employers may require employees to take their leave under the FMLa 
A) employers are required to provide leave for childbirth and medical problems related to pregnancy 
B) employers are required to restore employees returning from pregnancy leave to their former jobs or equivalent positions 
C) employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end 
D) employers may require employees to take their leave under the FMLa C

Question 2

"Serious health conditions" include:

Accepted Answer

A) pregnancy 
B) all conditions that require hospitalization 
C) all conditions that require treatment by a health care provider 
D) all of these 
A) pregnancy 
B) all conditions that require hospitalization 
C) all conditions that require treatment by a health care provider 
D) all of these B

Question 3

Why is each of the following good legal advice? 
a.Employers must not attempt to discourage eligible employees from taking FMLA leave or attempt to delay the taking of leave. 
b."No fault" attendance policies must be either discontinued or exceptions must be made for employees on FMLA leave. 
c.Employees should be notified promptly and in writing whether their leave qualifies as FMLA leave. 
d.Employer's should consider an employee's or applicant's accent only to the extent that communication is a significant part of the job in question and the individual's accent impedes communication. 
e.Employers should generally refrain from adopting English-only rules. If they are used, employees should be clearly informed that they are in effect, the rules should be no broader than necessary to accomplish necessary business purposes, and enforcement should not be rigid.

Accepted Answer

a. FMLA - The leave provided for by the FMLA is mandatory. Attempts to discourage employees or get them to put off leave constitute illegal interference with the exercise of FMLA rights. However, employees are expected to consult with their employers prior to leave for foreseeable, planned medical treatments and attempt to minimize the disruptiveness of the leave. 
b. FMLA - interference with statutory rights - absences for FMLA leave cannot be held against employees. 
c. FMLA - Employers are responsible for designating leave as FMLA leave. The notification should also specify the rights and responsibilities of leave takers and the consequences of failing to do things like providing medical documentation. 
d. Title VII, national origin discrimination - Speaking with an accent and national origin are often closely related. Courts have recognized that subjective assessments of accents can easily become occasions for national origin discrimination and have limited the circumstances under which accents can lawfully be considered.  
e. Title VII, national origin discrimination - The EEOC closely scrutinizes these policies. It holds blanket policies to be presumptively discriminatory, requires that policies be consistent with business necessity, and requires that employees be informed of the rules before being subjected to discipline.  Courts have been more permissive, but may be increasingly persuaded by arguments about code-switching making the rules burdensome even for bi-lingual employees. National origin harassment and First Amendment challenges are also possible.

Question 4

Under the some circumstances, employers can refuse to restore key employees to their previous positions pursuant to the Family and Medical Leave Act. 
​

Accepted Answer

A) True 
 B)False

Question 5

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? ​

Accepted Answer

A) the employer did not violate the FMLA because the employee was granted leave 
B) the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave 
C) the employer violated the FMLA because all employees become eligible for up to 12 weeks of leave at the start of each new calendar year; "rolling" calendars are illegal 
D) the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave 
A) the employer did not violate the FMLA because the employee was granted leave 
B) the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave 
C) the employer violated the FMLA because all employees become eligible for up to 12 weeks of leave at the start of each new calendar year; "rolling" calendars are illegal 
D) the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

Question 6

"Hopalong" Jones was a cowboy working on a cattle ranch out west.  He has worked at the ranch for three years and 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. ​

Accepted Answer

A) Hopalong is protected under the protected sex classification under Title VII 
B) since being a cowboy is such a macho job, being heterosexual is considered a BFOQ 
C) sexual orientation is a protected class in some states but not in others 
D) Hopalong has no federal or state protection regarding his sexual orientation 
A) Hopalong is protected under the protected sex classification under Title VII 
B) since being a cowboy is such a macho job, being heterosexual is considered a BFOQ 
C) sexual orientation is a protected class in some states but not in others 
D) Hopalong has no federal or state protection regarding his sexual orientation

Question 7

The Uniformed Services Employment and Reemployment Rights Act (USERRA)DOES NOT require that:

Accepted Answer

A) an employer must maintain the health insurance for an employee reporting to military service for short stints of service (less than 31 days) 
B) an employer must maintain the health insurance for an employee who serves in the military for up to 24 months, if the employee pays the full cost of group coverage 
C) employers are not required to maintain health insurance coverage for their  employees in military service beyond a period of 30 days 
D) all of these 
A) an employer must maintain the health insurance for an employee reporting to military service for short stints of service (less than 31 days) 
B) an employer must maintain the health insurance for an employee who serves in the military for up to 24 months, if the employee pays the full cost of group coverage 
C) employers are not required to maintain health insurance coverage for their  employees in military service beyond a period of 30 days 
D) all of these

Question 8

Which of the following is a "qualifying event" under the FMLA?

Accepted Answer

A) birth of a child 
B) death of a parent 
C) serious health condition of an employee's grandparent 
D) serious health condition of a fiancee 
A) birth of a child 
B) death of a parent 
C) serious health condition of an employee's grandparent 
D) serious health condition of a fiancee

Question 9

Under the FMLA:

Accepted Answer

A) employers may require that any paid leave available to an employee be used and counted toward an employee's FMLA leave 
B) employers may require that the employee stay on leave longer than they need if it satisfies an administrative purpose or convenience for the employer 
C) employers may contact the employee at home by phone or e-mail with company question but cannot require the employee to physically come to the premises 
D) during a valid leave, the employee is protected or shielded from layoffs or termination that would have occurred anyway 
A) employers may require that any paid leave available to an employee be used and counted toward an employee's FMLA leave 
B) employers may require that the employee stay on leave longer than they need if it satisfies an administrative purpose or convenience for the employer 
C) employers may contact the employee at home by phone or e-mail with company question but cannot require the employee to physically come to the premises 
D) during a valid leave, the employee is protected or shielded from layoffs or termination that would have occurred anyway

Question 10

Legal protection against discrimination based on sexual orientation is found in:

Accepted Answer

A) Title VII of the Civil Rights Act 
B) statutes in about twenty states 
C) the U.S. Constitution, under which public employers must show that a "compelling governmental interest" is served by the discrimination 
D) Executive Order 11246 
A) Title VII of the Civil Rights Act 
B) statutes in about twenty states 
C) the U.S. Constitution, under which public employers must show that a "compelling governmental interest" is served by the discrimination 
D) Executive Order 11246

Question 11

A major University has advertised for a non-research lecturer position in its Economics Department. When they evaluate the applicants, one resume clearly stands out as excellently qualified.  When the applicant came in for an interview, she is asked to complete a questionnaire with a number of open ended questions prior to the actual interview.  The questionnaire was extremely well answered and evidenced perfect grammar, perfect penmanship and perfect spelling.  The answers were lucid and well thought out.  Unfortunately, during the interview most in the department had trouble understanding the candidate due to her extremely heavy Nigerian accent.  If the university hires someone else, has the university violated any discrimination laws?

Accepted Answer

The university must take into account th

Question 12

To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked: ​

Accepted Answer

A) at least 1250 hours during the previous 12 months ​ 
B) at least 625 hours during the previous 6 months 
C) at least 2080 hours during the previous 12 months 
D) at least 1040 hours during the previous 6 months 
A) at least 1250 hours during the previous 12 months ​ 
B) at least 625 hours during the previous 6 months 
C) at least 2080 hours during the previous 12 months 
D) at least 1040 hours during the previous 6 months

Question 13

The Uniformed Services Employment and Reemployment Rights Act (USERRA)  requires that:

Accepted Answer

A) all persons returning from military service must be reemployed 
B) employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions 
C) employers continue to provide at least partial pay to employees serving in the military for up to 24 months 
A) all persons returning from military service must be reemployed 
B) employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions 
C) employers continue to provide at least partial pay to employees serving in the military for up to 24 months

Question 14

A very troublesome employee has just told you that he wants to apply for FMLA leave because his wife is seriously ill. He has taken leave before because of her illness, and depending upon how you calculate it, may have already taken the maximum amount for the year. You know that if you use a "rolling 12 month period," he will not qualify, and if he is denied leave, he may actually quit, which would make many people happy. However, your firm's leave policy does not specify how leave taken will be calculated, which means that if he sued and the case went to litigation, the court would apply a "calendar year" calculation for the leave requested, since you've just begun a new calendar year, and under that calculation, he would be entitled to leave. Of the following choices, what should you do? ​

Accepted Answer

A) deny the leave, and take your chances; tell him that he's already had the maximum leave under the "rolling 12 month" calculation. He's been far too troublesome for the firm, and his leaving would be a good outcome ​ 
B) deny the leave, but tell him that it's because has not been a productive employee, and when he improves, you'll consider more leave 
C) grant the leave, and take your chances; maybe he'll straighten out when he comes back 
D) grant the leave, and ask how he's doing; tell him that when he comes back, you'd like to sit down with him and see if you can help him resolve the trouble he's been having at work 
A) deny the leave, and take your chances; tell him that he's already had the maximum leave under the "rolling 12 month" calculation. He's been far too troublesome for the firm, and his leaving would be a good outcome ​ 
B) deny the leave, but tell him that it's because has not been a productive employee, and when he improves, you'll consider more leave 
C) grant the leave, and take your chances; maybe he'll straighten out when he comes back 
D) grant the leave, and ask how he's doing; tell him that when he comes back, you'd like to sit down with him and see if you can help him resolve the trouble he's been having at work

Question 15

In order to qualify for leave under the Family and Medical Leave Act, one condition is that an employee have been on the job for at least 6 months.

Accepted Answer

A) True 
 B)False

Question 16

Under the FMLA, employees are entitled to: ​

Accepted Answer

A) have all benefits maintained under the same conditions as if the employee had not taken leave 
B) have only health benefits maintained under the same conditions as if the employee had not taken leave 
C) be restored to the exact same position they left if they are deemed a "key employee" 
D) a minimum of ½ salary during their leave 
A) have all benefits maintained under the same conditions as if the employee had not taken leave 
B) have only health benefits maintained under the same conditions as if the employee had not taken leave 
C) be restored to the exact same position they left if they are deemed a "key employee" 
D) a minimum of ½ salary during their leave

Question 17

The escalator principle is a doctrine that permits employees absent under the FMLA to be promoted to the positions they would have obtained if not absent.

Accepted Answer

A) True 
 B)False

Question 18

Under the FMLA:

Accepted Answer

A) pregnancy is a "serious health condition" triggering the right to FMLA leave 
B) pregnancy is not a "serious health condition" triggering the right to FMLA leave unless there are complications 
C) only a pregnant employee may receive leave under the FMLA 
D) pregnancy is a unique category of disability for employers 
A) pregnancy is a "serious health condition" triggering the right to FMLA leave 
B) pregnancy is not a "serious health condition" triggering the right to FMLA leave unless there are complications 
C) only a pregnant employee may receive leave under the FMLA 
D) pregnancy is a unique category of disability for employers

Question 19

The accent of an employee or job applicant can lawfully be taken into consideration when: ​

Accepted Answer

A) the firm is using its affirmative action program to diversify its workforce 
B) when few English-speaking applicants or employees are available 
C) when communications are a significant part of the job in question, and the person's accent substantially interferes with the ability to communicate 
D) when communications are a significant part of the job in question, and the person's accent interferes in some degree with the ability to communicate 
A) the firm is using its affirmative action program to diversify its workforce 
B) when few English-speaking applicants or employees are available 
C) when communications are a significant part of the job in question, and the person's accent substantially interferes with the ability to communicate 
D) when communications are a significant part of the job in question, and the person's accent interferes in some degree with the ability to communicate

Question 20

The EEOC's guidelines hold that broad English-only rules applied at all times are: ​

Accepted Answer

A) presumptively discriminatory ​ 
B) presumptively non-discriminatory 
C) valid, if an employer can show a business necessity for a broad-cased, all-time ban on other languages 
D) invalid, because the employer can never show a business necessity for a broad-based, all-time ban on other languages 
A) presumptively discriminatory ​ 
B) presumptively non-discriminatory 
C) valid, if an employer can show a business necessity for a broad-cased, all-time ban on other languages 
D) invalid, because the employer can never show a business necessity for a broad-based, all-time ban on other languages

Under the Pregnancy Discrimination Act (PDA):

"Serious health conditions" include:

Under the some circumstances, employers can refuse to restore key employees to their previous positions pursuant to the Family and Medical Leave Act.

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?

"Hopalong" Jones was a cowboy working on a cattle ranch out west. He has worked at the ranch for three years and 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.

The Uniformed Services Employment and Reemployment Rights Act (USERRA)DOES NOT require that:

Which of the following is a "qualifying event" under the FMLA?

Under the FMLA:

Legal protection against discrimination based on sexual orientation is found in:

To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked:

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that:

In order to qualify for leave under the Family and Medical Leave Act, one condition is that an employee have been on the job for at least 6 months.

Under the FMLA, employees are entitled to:

The escalator principle is a doctrine that permits employees absent under the FMLA to be promoted to the positions they would have obtained if not absent.

Under the FMLA:

The accent of an employee or job applicant can lawfully be taken into consideration when:

The EEOC's guidelines hold that broad English-only rules applied at all times are:

Overview of Employment Law

The Employment Relationship

Overview of Employment Discrimination

Recruitment

Background Checks, References, and Verifying Employment Eligibility

Employment Testing

Hiring and Promotion Decisions

Harassment

Reasonably Accommodating Disability and Religion

Wages, Hours, and Pay Equity

Benefits

Unions and Collective Bargaining

Occupational Safety and Health

Privacy on the Job

Terminating Individual Employees

Downsizing and Post Termination Issues

Filters

Exam 10: Work-Life Conflicts and Other Diversity Issues

Under the Pregnancy Discrimination Act (PDA):

"Serious health conditions" include:

Under the some circumstances, employers can refuse to restore key employees to their previous positions pursuant to the Family and Medical Leave Act. ​

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? ​

"Hopalong" Jones was a cowboy working on a cattle ranch out west. He has worked at the ranch for three years and 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. ​

The Uniformed Services Employment and Reemployment Rights Act (USERRA)DOES NOT require that:

Which of the following is a "qualifying event" under the FMLA?

Under the FMLA:

Legal protection against discrimination based on sexual orientation is found in:

To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked: ​

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that:

In order to qualify for leave under the Family and Medical Leave Act, one condition is that an employee have been on the job for at least 6 months.

Under the FMLA, employees are entitled to: ​

The escalator principle is a doctrine that permits employees absent under the FMLA to be promoted to the positions they would have obtained if not absent.

Under the FMLA:

The accent of an employee or job applicant can lawfully be taken into consideration when: ​

The EEOC's guidelines hold that broad English-only rules applied at all times are: ​

Overview of Employment Law

The Employment Relationship

Overview of Employment Discrimination

Recruitment

Background Checks, References, and Verifying Employment Eligibility

Employment Testing

Hiring and Promotion Decisions

Harassment

Reasonably Accommodating Disability and Religion

Wages, Hours, and Pay Equity

Benefits

Unions and Collective Bargaining

Occupational Safety and Health

Privacy on the Job

Terminating Individual Employees

Downsizing and Post Termination Issues

Filters

Under the some circumstances, employers can refuse to restore key employees to their previous positions pursuant to the Family and Medical Leave Act.

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?

"Hopalong" Jones was a cowboy working on a cattle ranch out west. He has worked at the ranch for three years and 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.

To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked:

Under the FMLA, employees are entitled to:

The accent of an employee or job applicant can lawfully be taken into consideration when:

The EEOC's guidelines hold that broad English-only rules applied at all times are: