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

Question 1

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

A) all but small employers and public employers are required to provide written notice of a plant closing or mass layoff no less than 60 days in advance.
B) employers who have less than 500 full-time employees are not covered under the act.
C) employers are not required to give an advance notice in case of mass layoffs.
D) all actions arising out of a natural disaster such as a flood, earthquake, or drought require an employer to provide 60 days' advance notice to the employees.

Answer 1

A
Explanation:If an employer does not comply with the requirements of the Worker Adjustment and Retraining Notification (WARN Act) notices, employees can recover pay and benefits for the period for which notice was not given, up to a maximum of 60 days. All but small employers and public employers are required to provide written notice of a plant closing or mass layoff no less than 60 days in advance.

Question 2

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.

Answer 2

True
Explanation:Serena has a disparate treatment discrimination claim in this scenario. Disparate treatment is considered intentional discrimination, but the plaintiff need not actually know that unlawful discrimination is the reason for the difference. The plaintiff employee (or applicant) bringing suit alleges that the employer treated the employee in a way different from other similarly situated employees based on one or more of the prohibited categories.

Question 3

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.

Answer 3

True
Explanation:Promissory estoppel is an exception to the employment-at-will doctrine. For a claim of estoppel to be successful, the plaintiff must show that the employer or prospective employer made a promise upon which the worker reasonably relied to her or his detriment.

Question 4

Marc,an African-American,is a chemical engineer with a graduate degree from a reputed university.He applied for the position of an industrial chemist at Verono Company.Although he was qualified for the job and performed well in the job interview,he was not offered the position.Marc saw the job advertised again in the newspaper two weeks after he was rejected.Which of the following holds true in this scenario?

A) Marc does not have a cause of action as stare decisis cannot be applied for such cases.
B) Marc can offer evidence to satisfy the elements of a prima facie case of disparate treatment.
C) Marc can seek remedy under the bona fide occupational qualification defense.
D) Marc is not eligible to file a discrimination claim under Title VII of the Civil Rights Act of 1964.

Question 5

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.

Question 6

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?

A) Courtney does not have a cause of action for wrongful discharge.
B) Courtney may have a cause of action pursuant to the whistle-blower protection statutes.
C) Courtney is an at-will employee and can be terminated at any time for any reason.
D) Courtney cannot sue her employer for retaliatory discharge as she is not engaging in a protected activity.

Question 7

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?

A) Jonas can file a retaliation claim against the employers.
B) Jonas has no recourse because he does not belong to a protected group.
C) Jonas can recover pay and benefits for the next 60 days.
D) Jonas has no recourse because this does not constitute employment discrimination.

Question 8

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?

A) Akira has no recourse against her former employer because she voluntarily resigned from her job.
B) Akira was an at-will employee and therefore has no cause of action against Peter's Department Store.
C) Akira may have a cause of action against Peter's Department Store for defamation.
D) Akira may have an employment discrimination claim under Title VII of the Civil Rights Act of 1964.

Question 9

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

A) An employer is free to discriminate against employees based on their gender, race, religion, or national origin.
B) Highly paid skilled workers in building and construction trades can pass their jobs on to a family member when they retire.
C) An employer can terminate an employee for any reason as long as the reason is not prohibited by law.
D) A government employee usually loses his or her constitutional rights when on the job.

Question 10

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

Question 11

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.

Question 12

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

Question 13

Major Tire Inc.'s manufacturing plant in Charleston,South Carolina was destroyed when Hurricane Hazel hit the coast.The company officially closed the facility after reviewing the damage and terminated all 500 workers.The company did not give the employees 60 days' notice,and thus,it is liable under the Worker Adjustment and Retraining Notification Act.

Question 14

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.

Question 15

Constructive discharge exists when an:

A) employee sees no alternative but to quit her or his position; that is, the act of leaving was not truly voluntary.
B) employer terminates a group of employees together for a legitimate, non-discriminatory reason.
C) employee is fired for engaging in constitutionally protected activities.
D) employer terminates an employee after providing 90 days' advance notice.

Question 16

An appellee is a person who appealed a legal case to the court of appeals.

Question 17

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.

Question 18

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

A) If a party wins a motion for summary judgment, the case is remanded to a lower court.
B) If a court grants a motion for summary judgment, it means that it has determined that there is a need for the case to proceed to trial.
C) If a court grants a motion for summary judgment, it means that it will determine the issues and grant a judgment in favor of one of the parties.
D) If a party wins a motion for summary judgment, it means one of the parties did not like the facts found in the court and may appeal based on errors of law.

Question 19

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

Question 20

In the context of employment discrimination remedies,punitive damages can be recovered from governmental employers.

Question 21

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?

A) This is a facially neutral employment policy.
B) This is a form of disparate treatment.
C) The clause is a violation of Title VII of the Civil Rights Act of 1964.
D) The clause violates the bona fide occupational qualification defense.

Question 22

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?

A) Cara has no legal recourse against her former employer because of the bona fide occupational qualification defense.
B) Cara has no legal recourse because the doctrine of promissory estoppel defends her former employer.
C) Cara may have a cause of action against her former employer for wrongful invasion of privacy.
D) Cara may have a cause of action against her former employer under constructive discharge.

Question 23

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:

A) bottom-line defense.
B) disparate treatment defense.
C) business necessity.
D) promissory estoppel.

Question 24

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

A) is demoted to a lower-level job after filing the discrimination case.
B) is not satisfied with the compensatory damages recovered from her employer.
C) can prove that she is fighting discrimination against a protected group.
D) can prove that she did not engage in any protected activity.

Question 25

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:

A) cause of action for breach of implied covenant of good faith.
B) cause of action for retaliatory discharge.
C) legitimate claim under bona fide occupational qualification (BFOQ).
D) legitimate claim under the business necessity defense available to employees.

Question 26

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?

A) Janet's case will be dismissed.
B) Janet can only win compensatory damages.
C) Janet can win both compensatory and punitive damages.
D) Janet's claim is invalid as she is an at-will employee.

Question 27

Northern Sun Airlines is a regional carrier that flies a variety of aircraft.Northern Sun advertisements for flight attendants state that an applicant "must be between 5'0" and 5'8" without shoes due to the internal dimensions of our aircraft." As per the criteria,James cannot apply for the job because he is 6'1".He complains that the height restriction has a disparate impact on men.Which of the following is most likely to happen in this scenario?

A) James can use the height requirement as a bona fide occupational qualification to win the lawsuit.
B) Northern Sun has a valid defense if it can explain and justify that a height requirement is a legitimate business necessity.
C) James will prevail on his complaint because height restriction has nothing to do with the primary responsibility of a flight attendant, which is the safety of the passengers.
D) Northern Sun will win the lawsuit because James does not belong to the protected group under Title VII of the Civil Rights Act.

Question 28

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?

A) Ms. Lee's case will prevail if the state where the lawsuit was filed recognizes a violation of public policy.
B) Ms. Lee's case will prevail only if she proves she was telling the truth.
C) Ms. Lee will lose the case because the employment-at-will doctrine completely insulates the employer from liability.
D) Ms. Lee will lose the case because her testimony provided the basis for a defamation lawsuit by her former employer.

Question 29

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?

A) Economic status.
B) Color.
C) Race.
D) Religion.

Question 30

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 _____.

A) the doctrine of promissory estoppel
B) exhaustion of administrative remedies
C) affirmative action
D) the bona fide occupational qualification defense

Question 31

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:

A) a cause of action under whistle-blower protection.
B) a cause of action for breach of implied contract.
C) no recourse because he is an at-will employee.
D) no recourse because the incentives were not mentioned in a written contract.

Question 32

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

A) It states that only 40 percent of the applicants affected by an employment test can be minorities or there is a presumption of disparate impact discrimination.
B) It states that minorities must do at least 80 percent as well as the majority on the employment screening device or there is a presumption of disparate impact discrimination.
C) It states that after a discrimination claim has been filed and won by an employee, the employer must pay four-fifths of the employee's monthly salary for a year.
D) It states that disparate impact is statistically demonstrated if the selection rate for groups protected by the law is equal to that of the higher-scoring majority group.

Question 33

Sasha was employed at Pentagon Inc.as an associate manager in the purchasing department.Prior to the arrival of her new supervisor,she received the highest employee rating on her yearly evaluation.Her new supervisor,Jacob,was overheard saying that he did not believe women were smart enough to manage a department.Sasha was fired for poor work performance six months later.If she wins her claim for gender discrimination,which of the following will Sasha be entitled to?

A) Back pay only.
B) Back pay and reinstatement to the former position.
C) Nonpecuniary punitive damages up to $600,000.
D) Nonpecuniary compensatory damages up to $600,000.

Question 34

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?

A) The bona fide occupational qualification defense.
B) The doctrine of promissory estoppel.
C) The constructive discharge defense.
D) The disparate impact theory.

Question 35

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?

A) No, because the Fair Labor Standards Act makes it an unfair employment practice for an employer to use different cutoff scores in an employment-related test on the basis of a protected trait.
B) Yes, because the Fair Labor Standards Act requires an employer to use different cutoff scores in an employment-related test on the basis of a protected trait if the effect of the test is to exclude certain groups from a certain minimum level of employment.
C) No, because the Civil Rights Act of 1991 makes it an unfair employment practice for an employer to use different cutoff scores in an employment-related test on the basis of a protected trait.
D) Yes, because the Civil Rights Act of 1991 requires an employer to use different cutoff scores in an employment-related test on the basis of a protected trait if the effect of the test is to exclude certain groups from a certain minimum level of employment.

Question 36

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:

A) has a valid claim under the bona fide occupational qualification defense.
B) has a valid claim for constructive discharge.
C) cannot sue the employer because she voluntarily quit her job.
D) cannot sue the employer because she was an at-will employee.

Question 37

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

A) he or she was participating in a protected activity.
B) he or she belongs to a prohibited category.
C) there is no causal connection between his or her protected activity and the employer's adverse action.
D) there is a chance that the employer may seek protection under the bona fide occupational qualification defense.

Question 38

Gloria was employed by Miles Consultancy.While off duty,she participated in a rally protesting U.S.participation in the Iraq war.When Gloria's supervisor learned that Gloria had participated in the rally,he decided not to promote her in the upcoming financial year.Which of the following statements is true of this scenario?

A) Gloria has no recourse because the protection of employees' constitutional rights does not apply to employees subjected to adverse action by private employers.
B) Gloria cannot sue her employers because she is an at-will employee.
C) Gloria can file an employment discrimination charge against her employers under the bona fide occupational qualification defense.
D) Gloria has a cause of action for constructive discharge.

Question 39

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 _____.

A) a violation of the disparate impact theory
B) retaliatory discharge
C) constructive discharge
D) a violation of a bona fide occupational qualification

Question 40

Which of the following is true of disparate treatment?

A) It is a broad term that encompasses terminations in response to an employee exercising rights provided by law.
B) It occurs when intentional discrimination among employees is reasonably necessary for an employer's particular business.
C) It mandates that employers should provide religious accommodations and accommodations for those with disabilities even if they result in undue hardship for the employer.
D) It is a theory of discrimination where the plaintiff employee bringing suit alleges that the employer treated the employee in a way different from other similarly situated employees based on one or more of the prohibited categories.

Question 41

Natalie was employed with the Southern Talk 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 Southern Talk Company refused to admit Natalie 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 Natalie's and the Southern Talk Company's point of view.Include the basis for the relevant claims and defenses.

Question 42

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

Question 43

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

A) nonpecuniary compensatory damages up to $500,000 for gender discrimination and religious discrimination.
B) punitive damages under the disparate/adverse impact.
C) front pay for situations when reinstatement is not possible.
D) back pay of up to four years before the filing of the charge with the EEOC.

Question 44

Describe the role of law libraries as a legal resource.

Question 45

At Nevu Systems Inc.'s office,Nathan's workstation is next to Karen's.One day,Nathan overhears Karen's supervisor,Paul,say to Karen that women should just stick to being homemakers.Karen,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 Karen's favor,Nathan is ill-treated at work simply for supporting Karen during the trial.Which of the following holds true in this scenario?

A) Nathan can prove a constructive discharge claim.
B) Nathan cannot sue his employers because he is an at-will employee.
C) Nathan cannot sue his employers because he is not in the same protected group as Karen.
D) Nathan can prove a case of retaliation against his employers.

Question 46

Explain the public policy exception to the doctrine of employment at-will,and also describe what an ex-employee must demonstrate to prevail.

Question 47

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

Question 48

In the context of employment discrimination,which of the following is true of retaliation claims? A.Retaliation claims can be filed only for the adverse action taken while an employee was employed,not for actions taken later that may impact the former employee.
B)Retaliation claims may be filed not only by an employee who filed the discrimination claim,but also by others against whom the employer allegedly retaliated because of the claim.
C)If a substantive claim of discrimination is not proved to a court's satisfaction,an employee cannot win on the retaliation claim.
D)Employers are legally allowed to retaliate against employees for filing workplace discrimination claims.

Question 49

Which of the following is true of retaliatory discharge?

A) It is a broad term that encompasses terminations in response to an employee exercising rights provided by law.
B) It exists when an employee sees no alternative but to quit her or his position; that is, the act of leaving was not truly voluntary.
C) It is a way of penalizing employees due to some legitimate, non-discriminatory reasons.
D) It includes failure on an employer's part to accommodate a disability or a religious belief at the workplace.

Question 50

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?

A) Eric has no case for retaliatory discharge because he is not a member of the protected class.
B) Eric has no case for retaliatory discharge because he was merely testifying on behalf of someone else and this is insufficient involvement to get protection under anti-discrimination law.
C) Eric may use the bona fide occupational qualification (BFOQ) defense to file a discrimination case against Sincere Bank.
D) Eric may have a case because Title VII of the Civil Rights Act protects an employee who participates in any manner in an investigation, proceeding, or hearing on a colleague's complaint of discrimination.