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

A defendant in a legal case will make a motion to dismiss when he or she thinks there is enough evidence to constitute a violation of law.

Constructive discharge exists when an:

An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate,non-discriminatory reason for the action taken against the charging party.

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

Which of the following is the function of a motion for summary judgment?

Jonas was employed by Barker Apparel as a sewing machine repairman in one of the company's manufacturing plants.He,along with 500 other employees,was informed that the plant had been permanently shut down through a written notice on the manufacturing unit's gate when he arrived at work one day.In the context of Worker Adjustment and Retraining Notification (WARN)Act,which of the following statements is true?

If a motion to dismiss is granted by a court,the decision favors the plaintiff and the legal case proceeds to trial.

Which of the following is true of disparate treatment?

In the context of discrimination in employee selection procedures,which of the following is true of the four-fifths rule?

Promissory estoppel is an exception to the employment-at-will doctrine if an employee can show that he or she relied on the employer's promise to his or her detriment.

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?

Eric testified for the plaintiff in a racial discrimination lawsuit brought by a female employee against their employer,Sincere Bank.He had been advised by his manager not to get involved.Shortly thereafter,Eric was fired.Which of the following is the most likely outcome in this scenario?

Cara works as a customer service representative at MK Electronics Arcade.A few mobile phones and other electronic items are missing from the store's inventory room.The management decides to check the purses and bags of all its employees.During the check,a small bottle of alcohol is found in Cara's purse.After a few days the company terminates Cara although she had never come to the office drunk.Which of the following will hold true in this scenario?

Describe the role of law libraries as a legal resource.

Janet is an employee of DF Infra Inc.,a private building contractor.She discloses to the Department of Justice information relating to fraud in carrying out a construction assignment on which she is working.DF Infra subsequently fires her.Janet then files a lawsuit against DF Infra for violating the Federal Whistleblower Statute.Which of the following is most likely to happen in this scenario?

Marcus was an employee at Nebula Commercial Realty.Per Marcus' work agreement,his monthly income was supplemented by substantial commissions that the company promised to pay based on his performance.Marcus had been working on a major real estate deal for five months and had almost seized the deal when he was fired from his job.Even though his employer got the major deal,Marcus was not paid any commission for his hard work on that deal.Thus,it can be concluded that Marcus has a:

Describe the two theoretical bases for lawsuits alleging employment discrimination under Title VII of the Civil Rights Act of 1964.

In the context of employment discrimination,which of the following is true of retaliation claims?

Which of the following best relates to the employment-at-will doctrine?

Which of the following forms a basis for an employer to use a bona fide occupational qualification defense (BFOQ)to defend employment discrimination claims under the Civil Rights Act of 1964?