Deck 23: Employment Law

Question 1

XJS Manufacturing Co.in Detroit,Michigan employs a total of 50 full-time employees.Recently the board voted to close its Detroit plant and move all operations to Singapore.Under the WARN act,XJS is required to give 60 days' advance notice to a union official.

Answer 1

False

Question 2

Rosewood Orchards,Inc.pays its male workers $15 an hour,while it pays its female workers $10 per hour.Males are expected to drive trucks,dig ditches,and other duties that women can,but are not required,to perform.This pay discrimination violates the Equal Pay Act.If the jobs are substantially equal,Rosewood must pay the female workers $15 per hour.

Answer 2

False

Question 3

Implied employment contracts are based on a general pattern of behavior by an employer that creates certain reasonable expectations on the part of an employee.

Answer 3

True

Question 4

The ADA forbids discrimination on the basis of a disability if the disabled individual can do the essential functions of the job with "reasonable accommodations."

Question 5

American Jet Enterprises,Inc. ,a regional jet service in the northwest United States,advertises for a "stewardess" on one of its routes.Samuel applies but doesn't get the job,even though he has ten years' experience.Instead the job goes to Samantha who has no experience.Samuel may have a disparate impact claim.

Question 6

Under the FLSA,Justin,a 17-year-old apprentice with Gem County Electrical,Inc. ,must be paid at least minimum wage.

Question 7

Suppose LL STEAM Inc advertises for models for its new catalog.In particular,the ad states "seeking persons for a job modeling women's bathing suits." Suppose Harvey applies,but is rejected based on his gender.If he files a disparate treatment claim,LL STEAM would be able to defend based on "quid pro quo."

Question 8

Harvey,the foreman at a job site in downtown Manhattan,refuses to allow OSHA inspectors to perform a random inspection on the job site without a search warrant.The OSHA inspectors call the local police department.Harvey cannot prevent OSHA inspectors from entering the worksite.

Question 9

The Supreme Court has ruled that affirmative action plans must promote a "compelling state interest" and must be finely drawn to minimize harm to those workers outside the plan and that the plan is the only way to reverse an allegedly discriminatory practice.

Question 10

In the Opening Case of Kimberly Hively v.Ivy Tech Community College (IVY),the court used a textual approach to determine whether the Civil Right Act of 1964 against discrimination based on sex also included sexual orientation.

Question 11

Joseph worked for XJS Manufacturing for seven years with no incident.During a particularly stressful evening,when Joseph was going through a nasty divorce,he violated a court order and was arrested,but managed to post a bond.When Joseph showed up for work the next morning,his supervisor Bruce told Joseph in the break room with a few others around,"We have to lay you off now,but you can have your job back once the case is over,including any back pay or benefits." Joseph thanked Bruce.When Joseph's case was over,he came back to work but was told by Bruce he was no longer needed and was escorted by security off the premises.Joseph has the required elements to sue Jameson Enterprises,claiming wrongful discharge based promissory estoppel.

Question 12

Brian works for the U.S.Department of Agriculture.Brian's wife,Sarah,is due to deliver their child in six months.Brian asks for 6 weeks off in September and another 6 weeks off in January.However,his request is denied because he has only been employed for 9 months.Brian can sue for denial of benefits.

Question 13

When Brian returns to work at USDA after his approved six-week FMLA absence,his supervisor tells him he will be laid off and some of his job duties have been assigned to someone else,who is actually doing a better job than Brian ever did.So,while Brian is offered the same position he had,he is paid less because others have taken his duties.Brian has the right to sue USDA for wrongful discharge under FMLA.

Question 14

Under an employment-at-will doctrine,only the employer has the right to terminate the employment relationship at any time.

Question 15

To prevail on a discrimination claim,the plaintiff must present a prima facie case demonstrating that she was discriminated against by her employer.

Question 16

An employee who is addicted to illegal drugs could claim a disability under the ADA.

Question 17

On May 25th,Josh Nesmith,the CEO of LL STEAM,LLC called a meeting of the three-member executive team and promised them that during a time of 'rumblings,' 'innuendos' and 'gossip,' they all had secure 'long-term' jobs at LL STEAM.Based on Josh's promise,the team voted to stay on.On June 10th,LL STEAM filed for Chapter 11 bankruptcy,and Josh let all the executive team go.Any member of the executive team may sue LL STEAM for wrongful discharge.

Question 18

On his way to lunch one day,Joseph is involved in a serious accident which causes him to lose 6 weeks of work.Joseph is entitled to workers' compensation.

Question 19

Max and BigCo have an at-will employment relationship.Assume BigCo discharges Max and Max sues BigCo for wrongful discharge.During discovery-quite some time after his departure-BigCo discovers Max had been stealing petty cash.BigCo is prohibited from using this evidence because it did not know about it when it discharged Max.

Question 20

Under FICA,the amount that an employee is assessed is based on the employee's monthly wage base.

Question 21

A contract negotiated by the employer and the labor union that covers all issues related to employment is a(n):

A)option contract.
B)implied contract.
C)collective bargaining agreement.
D)confidentiality agreement.

Question 22

On the federal level,________ assures all workers in a business,in or affecting interstate commerce,a safe and healthful place of employment.

A)OSHA
B)FLSA
C)FICA
D)ERISA

Question 23

Employees who believe that their employer has violated FMLA rules can file complaints with the:

A)Labor Employment Standards Administration.
B)Equal Employment Opportunity Commission.
C)Department of Labor.
D)Office of Veterans' Employment and Training Service.

Question 24

To be an effective attempt to preserve employment-at-will,a ________ also must be written in clear,unequivocal language.

A)quasi-contract
B)disclaimer
C)relinquishment
D)waiver

Question 25

Juanita is classified by Smart Store as an exempt employee.Juanita spends 40% of her time in management tasks,30% of her time stocking shelves at Smart Store,and 30% of her time unloading trucks that supply the store.Which of the following statements is true?

A)Juanita is appropriately classified.
B)Juanita is inappropriately classified.
C)Juanita is guaranteed at least 60% of minimum wage.
D)Juanita is guaranteed at least 160% of minimum wage.

Question 26

Which of the following statements about "the wage and hour provisions of the FLSA" is true?

A)Full-time students cannot be employed.
B)They apply to all people employed in an administrative capacity.
C)Exempt workers are generally identified as those who manage other employees.
D)They require minimum wage for the employment of apprentices.

Question 27

To make a case based on a(n)________,the employee must demonstrate that the employer or a representative of the employer promised the employee job security despite the apparent at-will nature of the employment relationship.

A)promissory estoppel
B)implied-in-fact contract
C)quasi-contract
D)in pari delicto

Question 28

Which of the following statements holds true for employee responsibilities under the Family and Medical Leave Act (FMLA)?

A)Employees must notify the employer at least 30 days before they intend to take the leave.
B)Employees need not notify the employer if the need for a leave is unpredictable.
C)Employees must accept the right of the employer to offer reduced pay on their return after the leave.
D)Employees must discharge partial duties during the period of the leave.

Question 29

An employment relationship based on a(n)________ is an employment relationship that would have been at-will,had the employer not said or done something that insinuated the existence of a contract.

A)collective bargaining agreement
B)implied contract
C)explicit contract
D)good faith and fair dealing agreement

Question 30

Global Industries requires all new employees to be at least six feet tall to comply with their brand and marketing campaign slogan,"We're Big Enough to Serve You." People who are denied employment solely because of their height sue Global.What must Global prove?

A)Height is directly related to the specific job in question.
B)Nothing,since the burden of proof is on the people who sue.
C)Height is directly related to Global's general business needs.
D)Nothing,since Global applies the height standard in a nondiscriminatory manner.

Question 31

Under the ________ Act,employers with more than 100 full-time employees must give written notice to a union official 60 days before any plant closing or mass layoff.

A)Federal Employees' Compensation
B)Fair Labor Standards
C)Worker Economic Opportunity
D)Worker Adjustment and Retraining Notification

Question 32

One of the key factors a plaintiff (employee)must prove in a wrongful discharge lawsuit based on the public policy tort exception to employment-at-will is ________,which requires the existence of a definite public policy,clearly created by the U.S.Constitution,the state constitution,or a general governmental policy.

A)causation
B)jeopardy
C)clarity
D)absence of justification

Question 33

In the "Classic Case" of Griggs v.Duke Power (1971),Duke refused to transfer any employees at its plant to better jobs unless they had a high school diploma or could pass an intelligence test.The company was willing to pay two-thirds of the tuition for an employee's high school training.Neither a high school education nor the intelligence test was significantly related to successful job performance.Both requirements disqualified African Americans at a substantially higher rate than white applicants.Is the company in violation of Title VII?

A)No,Duke is not liable under Title VII because the employment conditions are BFOQs.
B)Yes,Duke may be liable under Title VII because the employment conditions are not BFOQs.
C)Yes,Duke is liable under Title VII for reverse discrimination.
D)No,Duke is not liable under Title VII because the conditions are essential to the company's success.

Question 34

Treasure Valley Pentecostal Church has an opening for a new head pastor.Rajid,who is a Hindu,applies for the job.The church declines to hire him and continues to look for other applicants.Rajid files a claim of illegal discrimination against the church based on his religion.What result?

A)Treasure Valley will prevail based on a BFOQ defense.
B)Treasure Valley can claim that Rajid did not make out a prima facie case of illegal discrimination under Title VII.
C)Treasure Valley can assert that its hiring practices do not create a hostile environment.
D)Rajid can claim that not being hired was reverse discrimination.

Question 35

A(n)________ sexual harassment occurs when a ________ requires that his secretary trade sexual favors for a job promotion.

A)business necessity;supervisor
B)hostile environment;CEO
C)quid pro quo;supervisor
D)affirmative action;supervisor

Question 36

Under the provisions of ________ ,an employee who has served in the armed forces and successfully completed his/her tour of duty will be reinstated upon returning to work in his/her previous position on the job.

A)USERA
B)OWBPA
C)ADA
D)WARN

Question 37

The "Opening Case" Garcetti v.Ceballos,involved a question of whether,as a ________,________ memo was protected by the ________.

A)public employee;Ceballos';Fifth Amendment
B)public employee;Garcetti's;Fourth Amendment
C)private blogger;Garcetti's;First Amendment
D)public employee;Ceballos';First Amendment

Question 38

Jose works as an exotic dancer at the "Gentlemen's Nightclub." Though he gets tips from the patrons,Jose is paid a weekly salary.Later,Jose discovers that though he works the same number of hours as the females,their salary is double his.If Jose sues the Gentlemen's Nightclub,who will win?

A)Jose may win because of the Equal Pay Act.
B)Jose may win because of Title VII.
C)Gentlemen's Nightclub may win if they consider breast-size (or lack thereof)as a factor of the value of the employee.
D)Gentlemen's Nightclub may win because employers can discriminate against men in an exotic dancing venue.

Question 39

Miguel lives in an area with a high percentage of Hispanic workers.Many of these workers are legal immigrants who have relatively little college training.If,when Miguel applies for his job,he is given an examination designed for a college graduate,and if he and most Hispanic applicants fail to pass the test,the employer:

A)might be engaged in disparate-harm discrimination.
B)might have violated the Americans with Disabilities Act (ADA).
C)might be engaged in disparate-impact discrimination.
D)has almost certainly done nothing wrong.

Question 40

Standard Co.has an employee pension plan under which Jessica has worked for 12 years.Jessica is laid off at age 60,and five years later she "retires" and attempts to draw her pension benefits.However,she is informed that she is not eligible for pension benefits because she had not been working under the Standard Co.plan at the time of her retirement.Is this correct?

A)Yes,if that is what the Standard Co.plan specifies.
B)No,since Jessica worked longer than 10 years for Standard Co.
C)No,since Jessica's benefits are vested.
D)Yes,since Standard Co.only has a responsibility to current employees.

Question 41

Jackson Enterprises wants to provide two hours of work after school for children,up to eight years old,and from economically disadvantaged families who cannot afford after-school day care.The work will be coordinated with school assignments and will appeal to each child's unique interests.Discuss any legal issues associated with this plan.

Question 42

The manager of Palms Restaurant assembles all employees and announces that because theft is occurring,she would fire employees until the guilty party confessed.Turning to an employee,Alice,the manager says,"You're fired." Palms Restaurant is in an employment-at-will state.Discuss if Alice has any legal remedy against Palms.

Question 43

Nancy Nelson,who worked for the Farmington Institute of Technology,took a leave of absence for health purposes.Her supervisor,Mark Bohm,told Nelson,"When you recover from your health problems,you can have your job back with full seniority." Nelson believed Bohm and did not look for work elsewhere.When she returned to work,Nelson found that FIT would not honor Bohm's promise to her.It took Nelson eight months to find another job.Does Nelson have any legal recourse? Explain.

Question 44

Titanic Industries requires all new employees to have red hair because red is the CEO's favorite color and all company signs are written in red letters.Minority job applicants whose hair is not red sue under the Civil Rights Act of 1964.Discuss their likelihood of success.

Question 45

The Little Manufacturing Co.plant is located next to the Sierra River and employs 120 workers.A flash flood one weekend washes away the plant.Little decides not to rebuild and lays off the workers,who are not represented by a union.What legal obligations does Little have to the workers?

Question 46

Eva is fired by Big Clothing Co.for refusing to commit perjury.Discuss the elements required for Eva to win a wrongful discharge suit based upon a violation of public policy.

Question 47

Leonard Spinoza,a physical therapist,was laid off from his job at the Shelby Hospital because of economic conditions.He registered with the state unemployment compensation agency and requested unemployment compensation.The interviewing official told him about a job for a physical therapist at the Bellville Hospital.Spinoza refused it on the grounds that he needed vacation before accepting another job.Would Spinoza qualify for unemployment compensation?

Question 48

Thomas Terrific,aged 59 years,and other employees were terminated by Northwest Power,Inc.due to corporate "downsizing." All of the employees who were laid off as a result of the closing were promised preferential treatment for other jobs at Time,Inc.Terrific applied for more than 30 of these positions,but he was never rehired.Other employees who were much younger than Terrific were hired.Most of the time,the reason given for his rejection was that he was overqualified.Terrific decides to sue.If you were advising Terrific,which course of action would you suggest?

A)Register a claim with the EEOC based on an ADEA claim.
B)Sue Northwest under an ADEA claim.
C)Sue Northwest under an ADA claim.
D)Sue Northwest under a Title VII claim.

Question 49

John takes leave under FMLA.Discuss the obligations of John's employer to John.

Question 50

Petra Voinovich,64,lost her job when the subsidiary she worked for was disbanded by Hypersonic Enterprises,the parent corporation.All of the employees who were laid off were promised preferential treatment for other jobs at Hypersonic.Voinovich applied for over 35 jobs.She was never rehired.The reason given was that she was overqualified.Voinovich believed that she could bring an age discrimination suit under the ADEA.Was she correct? Explain.

Question 51

Workers at Titan Industries are concerned that employment-at-will can allow Titan to act arbitrarily and without any procedure or progressive discipline when firing workers.Discuss what legal remedies,if any,are available to the workers.