Exam 2: The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts

Although courts vary from state to state,state court systems are similar to the federal court system.They generally include trial courts,intermediate courts of appeal,and a state supreme court.

Congress can express its disagreement with a U.S.Supreme Court decision by:

The U.S.Supreme Court only hears appeals from the circuit courts.

An individual's ability to file a case in court on the basis that his or her rights have been violated is known as a cause of action.

The bona fide occupational qualification (BFOQ)defense is available for cases involving all of the following except:

Kellie was employed with the Western Phone Company as a telephone operator for ten years.Bored with this job,she applied for a job position within the same company as a telephone repairman which paid $10 per hour more than she was currently earning.This position required the employee to be able to climb to the top of a telephone pole wearing a tool belt weighing approximately 15 to 20 lbs to make repairs.The Western Phone Company refused to admit Kellie into the training program for the position claiming that she was incapable of performing the duties of the position because she was female.Discuss this scenario from both Kellie's and the Western Phone Company's point of view.Include the basis for the relevant claims and defenses.

In the case of disparate impact employment discrimination,a job criterion that seems neutral on its face may adversely impact a protected class.Which of the following could lead to a claim of disparate impact discrimination?

Carl has been working as a sales executive with All Fame Cosmetics Inc.for more than a year.His work has been appreciated by his seniors and he regularly meets his sales targets.However,he has not received any incentive or commission that was promised to him by his employer during his pre-employment interview.If Carl decides to file a case against All Fame Cosmetics,he has:

Which of the following questions is least problematic in an employment interview?

James is an employee in the widget inspection department of XYZ Systems,a government contractor.James was part of a 3-person inspection team that found a particular batch of widgets did not meet the exacting requirements of the U.S.Government.In order to meet the tight deadline and avoid penalties under the contract,James' boss demanded that the batch of widgets be sent in fulfillment of the government contract.When James found out,he went to the vice president of the company and reported the situation.James was demoted by his boss,and no longer works on government projects.James has a:

The American legal system is based on stare decisis,a system of using legal precedent.

Ralph is the defendant in a lawsuit filed by Henry.Ralph's attorney does not believe that there is sufficient evidence to prove a violation of law,and plans to file a motion with the court to resolve the case.Ralph's attorney will most likely file a:

The following are elements of a prima facie case of disparate treatment discrimination except:

Emmanuel & Petersen LLP is a law firm that specializes in litigation.The firm is looking for a qualified person to fill the secretary position.A criterion for selection is that the person should be able to type at least 65 words a minute.If a group of male applicants challenges this policy as being discriminatory against generally slower-typing males,the company could defend the typing-speed requirement as a:

At Innov8 Systems Inc.'s office,Ahmed's workstation is next to Casey's.One day,Ahmed overhears Casey's supervisor,Ralph,say to Casey that women should just stick to being homemakers.Casey,who was subjected to such comments at work earlier as well,files a complaint of gender discrimination with the Equal Employment Opportunity Commission (EEOC).After the investigation and the EEOC's ruling in Casey's favor,Ahmed is ill-treated at work simply for supporting Casey during the trial.Which of the following holds true in this scenario?

Roberta refuses to take her turn in her employer's mandatory overtime schedule,citing family commitments.Roberta's employer could discharge her for failing to meet job requirements without too much concern that a court might question its decision based on public policy reasons.

If an employee in an Equal Employment Opportunity Commission (EEOC)case is successful,the employer will be liable for:

Akira resigned from her position as a floor supervisor at Peter's Department Store.The store manager falsely told the other employees that Akira had been fired for coming to work drunk.He also communicated the same information to someone calling to verify Akira's previous employment with Peter's Department Store.Which of the following is true about this scenario?

At the federal level,a trial court is called a U.S.Circuit Court.

Which of the following is true of retaliatory discharge?