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

Angus,a recent university graduate of Scottish descent,was refused employment at Barlen Inc.because he failed to achieve a high enough score on a valid,reliable skills test.Believing that he has been the victim of employment discrimination,Angus sues Barlen Inc.He asks the court to order Barlen Inc.to use different cutoff scores for all Scottish-descent test-takers,claiming that no one of Scottish descent had ever achieved a satisfactory score.In this scenario,can the court grant the relief Angus seeks?

Sarah was employed at Carvon Printing Company as a marketing executive.The company wanted to fire her because some senior employees did not want work with a female employee.To avoid being sued for wrongful termination,Sarah's supervisors started pressuring her with tight project schedules and isolating her from meetings and other office events.When the working conditions were made intolerable to an even greater extent,Sarah decided to quit her job.In this scenario,Sarah:

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 preemployment interview.If Carl decides to file a case against All Fame Cosmetics,he has:

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

According to the Worker Adjustment and Retraining Notification (WARN)Act,_____.

Distinguish the business necessity defense from the bona fide occupational qualification defense in the context of employment discrimination claims.

Emmanuel & Petersen LLP is a reputed 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:

Whistle-blowing occurs when an employer reports an employee's wrongdoing.

Ms.Lee was employed as a secretary at Billion Trucking Company.She was fired from her job when she refused to perjure herself at a court trial where her employer was the defendant.She sued Billion Trucking Company for wrongful discharge.Which of the following is most likely to happen in this scenario?

Ethan applies for a housekeeping job at the Moon Swan Hotel.His application is rejected on the basis that the hotel is looking for female housekeepers as the job primarily involves maintaining the ladies restrooms.If Ethan files an employment discrimination claim against the Moon Swan Hotel,which of the following defenses can the hotel use to protect itself?

Lia files an employment discrimination case against her employer.She can also file a retaliation claim if she:

Jessica wants to file a discrimination claim against her current employers.She consults her lawyer and learns that she cannot directly file a case in court.She needs to first file a case with the Equal Employment Opportunity Commission (EEOC).This is called _____.

In comparison to her fellow employees,Serena is subjected to more severe disciplinary action for the same act of misconduct because she is a member of a protected group.Thus,Serena is a victim of disparate treatment discrimination.

Which of the following is true of retaliatory discharge?

Maker Goods Inc.has a published workplace policy.It reads "Promotions to the level of supervisor and higher are limited to individuals with at least a bachelor's degree from an accredited college or university." Which of the following is true of this policy?

In order to prove a retaliatory discharge claim,an employee must show that:

Questions asked during idle conversational chat in preemployment interviews or included on job applications may unwittingly be the basis for disparate impact discrimination claims under Title VII of the Civil Rights Act of 1964.

To avoid charges of wrongful termination and employment discrimination,the management of Genkee Inc.started introducing new rules and regulations that would create an unfavorable work environment specifically for female employees.Unable to cope with the new rules,many female employees quit.This is an example of _____.

Hannah was fired by Friendly Catering Company (FCC)without a valid reason.The company's employee handbook stated that employees would only be terminated for good cause.Hannah's job position was later filled by her former supervisor's niece.In this scenario,Hannah cannot file a wrongful discharge lawsuit against FCC because she is an at-will employee.

Courtney was a permanent employee at a public elementary school and had been working in the school's administrative department for more than two years.She worked for close to 30 hours a week.Her supervisor,along with a few other administrative workers,routinely took stationery and other supplies home for personal use.After Courtney reported the theft to the police and local newspaper,she was fired from her job without being given a notice.Which of the following is true in this scenario?