Exam 24: Employment and Discrimination Law

Reference - 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 of 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 Gracie's entitlement to be paid for time she is medically required to be off for pregnancy?

Which of the following was the result on appeal in Brown v. Sabre, Inc., the case in the text in which the plaintiff sued on the basis that, after acquiring his employer's business, the new employer failed to honor its statement to employees that the company would honor accrued vacation benefits?

In which of the following may men and women be paid different wages under the Equal Pay Act?

Set forth the definition of sexual harassment as stated by the EEOC and accepted by the U.S. Supreme Court.

Currently only one state prohibits discrimination on the basis of sexual orientation.

Reference - 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 as well as 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?

In the U.S. at-will employment applied in all states with no exceptions until ______________.

The National Labor Relations Board is the administrative agency that interprets and enforces the National Labor Relations Act.

Reference - 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 of 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?

The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.

Which of the following is true regarding an award of attorney fees under Title VII?

Which of the following are the categories protected by Title VII?

The Fair Labor Standards Act mandates that employees who are not excluded who work more than ______________ hours in a week be paid no less than one and one half times their regular wage for all the hours beyond ______________ that they work during a given week.

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

Which of the following does the National Labor Relations Board lack jurisdiction over?

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act?

Which of the following are employers required to provide to plan participants under ERISA?

Which of the following consists of negotiations between an employer and a group of employees so as to determine the conditions of employment?

Which of the following was recognized by the U.S. Supreme Court in Oncale v. Sundowner Offshore Services, Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment when the harassers were of the same sex?

Which of the following are laws governing labor-management relations in the U.S.?