Deck 23: Employment Law

Question 1

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

Answer 1

False
Explanation: The ADA defines disability as any physical or mental impairment that substantially limits one or more of the major life activities. This definition includes paralysis, blindness, deafness, cancer, mental retardation, learning disabilities, and AIDS, among others. Excluded from protection are people with kleptomania, pyromania, gambling disorders, and people who use illegal drugs.

Question 2

The CEO of Earth Enterprises hires Jason, promising him "long-term employment." A few weeks later Earth Enterprises files for bankruptcy and terminates Jason's employment. Jason may sue for wrongful discharge.

Answer 2

True
Explanation: Jason may sue his employer for wrongful discharge based on promissory estoppels. This is based on the CEO's promise of long-term employment. Also, Jason may sue based on fraud, if he can prove the CEO knew about the impending bankruptcy and hired Jason anyway.

Question 3

Reverse discrimination refers to a practice that is designed to eliminate discrimination against the members of a protected class and that has affirmative effect on other members of that class or on the members of another protected class.

Answer 3

False
Explanation: Reverse discrimination describes any policy or practice that is designed to eliminate discrimination against the members of a protected class, but that has the opposite effect on other members of that class or on the members of another protected class.

Question 4

To make a case based on promissory estoppel, Thomas must demonstrate that his employer promised him job security despite the apparent at-will nature of the employment relationship.

Question 5

The arguments of promissory estoppel and implied contract are one and the same.

Question 6

The foreman of Small Co. can require a search warrant if OSHA inspectors want to enter Small's factory for a random inspection.

Question 7

American businesses do not have a legal obligation to give U.S. citizens working abroad the same protection against discrimination that they give to workers in the United States.

Question 8

Blyth Enterprises' male managers are paid $25 per hour, but female managers are paid $22 per hour. If the jobs are substantially equal, Blyth must pay the female managers $25 per hour.

Question 9

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 10

The FLSA specifies that employees cannot work for more than 40 hours per week unless they are paid double for all overtime.

Question 11

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

Question 12

After Sarah works three years for Global Industries, Inc., her pension benefits provided by Global must be vested according to ERISA.

Question 13

Under the FMLA, in order to qualify for leave time, a worker should have been employed by a firm for at least one year and worked for 1,250 hours over a 12-month period before leave is requested.

Question 14

The rationale for the employment-at-will doctrine is that the employer has the sole right to terminate the employment relationship at any time.

Question 15

Silitron Co. employs a total of 125 full-time employees, but it is closing one plant which has only 60 employees. Under the WARN act, it is not required to give 60 days advance notice to a union official.

Question 16

Jurisdictions that recognize the implied contract exception do not allow employers to preserve an employment-at-will arrangement by using a disclaimer.

Question 17

Joseph is instructed by Helen, his employer, to go to the local donut shop during his lunch break and purchase six-dozen donuts for the department's tea party. If Joseph has a traffic accident on the way to the donut shop, he is not entitled to workers' compensation.

Question 18

If Big Co. wrongfully discharges Max, but later discovers that Max has been stealing petty cash, Big Co. can use this as an after-acquired evidence defense.

Question 19

An SMP is a set of rules written by an employer telling employees what they can and cannot do when using electronic communication devices and electronic messaging techniques.

Question 20

An employer can rightfully refuse employee benefits to a pregnant woman on the grounds that she is unable to discharge her duties properly.

Question 21

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 22

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 23

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 24

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 25

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 26

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 27

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 28

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 29

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 30

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 31

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 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

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 Mohamed 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 34

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 35

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 36

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 37

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 38

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 39

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 40

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

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

Question 41

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 42

Thomas Terrific, aged 59 years, and other employees were terminated by Northwest Power, Inc. due to corporate "down-sizing". 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 43

Workers at Titan Industries are concerned that employment-at-will 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.

Question 44

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 45

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 46

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

Question 47

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 48

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 49

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 50

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 51

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.