Deck 24: Employment and Discrimination Law

Question 1

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

Answer 1

False
Explanation: State laws prohibiting such discrimination exist in 20 states and one district.

Question 2

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

Answer 2

True
Explanation: The Wagner Act also created an administrative agency, the National Labor Relations Board (NLRB), to interpret and enforce the NLRA.

Question 3

Which title of the Civil Rights Act of 1964 deals with discrimination in employment?

A) Title VII
B) Title VI
C) Title V
D) Title IV
E) Title III

Answer 3

A
Explanation: Title VII of the Civil Rights Act of 1964 deals with discrimination in employment.

Question 4

The concept of employment-at-will includes the concept that an employee may quit at anytime.

Question 5

Which of the following is true regarding maternity benefits in the United Kingdom?

A) They are the same as those in France.
B) They are the same as those in the U.S.
C) They are the same as both those in the U.S. and those in France because all three countries have the same benefits.
D) They are greater than those in both the U.S. and in France.
E) They are greater than those in the U.S.

Question 6

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

A) 1920
B) 1932
C) 1944
D) 1959
E) 1964

Question 7

Leave provided under the Family and Medical Leave Act must be paid leave.

Question 8

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

Question 9

Which of the following was the result in Teresa Harris v. Forklift Systems, Inc., the case in the text in which the U.S. Supreme Court addressed the issue of whether an employee must suffer serious psychological damage in order to pursue damages for a claim of sexual harassment?

A) That Title VII is limited to "economic" or "tangible" discrimination and that a plaintiff may not recover unless psychological damages were sufficiently severe to result in an economic impact on the plaintiff's ability to work.
B) That under Title VII, an economic impact on the plaintiff's ability to earn is unnecessary, but that the plaintiff must demonstrate serious psychological damage.
C) That under Title VII, so long as the environment would reasonably be perceived, and is perceived, as hostile or abusive, there is no need for it also to be psychologically injurious.
D) That under Title VII, so long as the environment is subjectively perceived, as hostile or abusive, there is no need for it also to be psychologically injurious.
E) That under Title VII, whether an environment is psychologically injurious may not be admitted into evidence because such evidence is irrelevant.

Question 10

It is usually more difficult to prove disparate-impact discrimination in employment under Title VII than disparate-treatment.

Question 11

Which of the following is the term for the concept that an employee may be fired for no reason at all?

A) Fire-at-will
B) Employment-at-will
C) No-reason-firing
D) Without-reason-firing
E) Unsupported discharge

Question 12

The Taft-Hartley Act was passed to further strengthen restrictions on employers regarding unionization.

Question 13

The Americans with Disabilities Act is enforced by the Equal Employment Opportunity Commission in the same way that Title VII is enforced.

Question 14

Under Title VII of the Civil Rights Act, employers may not be held liable for harassment of their employees by nonemployees.

Question 15

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

A) Race and color
B) Race, color, and religion
C) Race, color, religion, and sex
D) Race, color, religion, sex, and national origin
E) Race, color, religion, sex, national origin, and age

Question 16

Workers' compensation laws are primarily federal laws.

Question 17

Which of the following was the result on appeal in Polkey v. Transtrecs Corp., the case in the text in which the employee sued after being fired for refusing to take a polygraph test?

A) That the employee had no cause of action under the Employee Polygraph Protection Act because of the employment-at-will doctrine and that the Employee Polygraph Protection Act only applied to federal government employees and members of Congress.
B) That the employee could not prevail under the Employee Polygraph Protection Act because her employer contracted with the government, and national security was involved.
C) That the employee could not prevail under the Employee Polygraph Protection Act because the employer instituted polygraph testing as part of an ongoing investigation.
D) Both that the employee could not prevail under the Employee Polygraph Protection Act because her employer instituted polygraph testing as part of an ongoing investigation and also because of national security issues involved with the employer's contract with the government.
E) That the employee could prevail under the Employee Polygraph Protection Act.

Question 18

Which of the following is a recognized term for a way to prove discrimination under Title VII?

A) Disparate treatment
B) Disparate impact
C) Similarity differences
D) Disparate treatment, disparate impact, and similarity differences
E) Disparate treatment and disparate impact, but not similarity differences

Question 19

Overall, the percentage of unionized workers in the U.S. has declined since the post-World War II period.

Question 20

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?

A) That the acquiring employer was bound by federal law to honor the accrued vacation benefits regardless of whether it expressly promised to do so.
B) That the acquiring employer was bound by federal law to honor the accrued vacation benefits only because it had initially agreed to do so.
C) That the acquiring employer was bound by state law to honor the accrued vacation benefits regardless of whether it expressly promised to do so.
D) That the acquiring employer was bound by state law to honor the accrued vacation benefits only because it had initially agreed to do so.
E) That the acquiring employer was not bound to honor the accrued vacation benefits and had reserved the right in its employee handbook to change company policy.

Question 21

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

A) When payment is made pursuant to a seniority system.
B) When payment is made pursuant to a merit system.
C) When payment is made pursuant to a system which measures earnings by quantity or quality of production.
D) When payment is made pursuant to a seniority system, when payment is made pursuant to a merit system, and when payment is made pursuant to a system which measures earnings by quantity or quality of production.
E) When payment is made pursuant to a seniority system or when payment is made pursuant to a merit system, but not when payment is made pursuant to a system which measures earnings by quantity or quality of production.

Question 22

Under Title VII of the Civil Rights Act, which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

A) The plaintiff wins.
B) The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge.
C) The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur.
D) The burden remains with the plaintiff to prove discrimination beyond a reasonable doubt, a special standard in disparate-treatment cases.
E) The burden remains with the plaintiff to establish damages to a reasonable certainty.

Question 23

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?

A) That same sex harassment states a claim under Title VII only if the harasser is a homosexual.
B) That same sex harassment may never state a claim under Title VII.
C) That same sex harassment may state a claim in the male to male context but not in the female to female context.
D) That same sex harassment may state a claim under Title VII.
E) That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment.

Question 24

Which of the following are sometimes called unintentional-discrimination cases?

A) Disparate-treatment cases
B) Disparate-impact cases
C) Sexual harassment cases
D) Disparate-treatment cases, disparate-impact cases, and sexual harassment cases
E) Disparate-treatment cases and disparate-impact cases, but not sexual harassment cases

Question 25

What is the first step a plaintiff would establish in order to prove disparate-treatment discrimination in an employment case under Title VII?

A) The plaintiff would demonstrate a prima facie case of discrimination.
B) The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext.
C) The plaintiff would prove beyond a reasonable doubt that discrimination occurred.
D) The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused.
E) The plaintiff would complain to the Equal Employment Opportunity Commission.

Question 26

Title VII applies to employers who have ______________ or more employees for ______________ consecutive weeks within one year and who are engaged in a business that affects commerce.

A) 15; 20
B) 50; 20
C) 15; 30
D) 20; 50
E) 20; 52

Question 27

The Age Discrimination in Employment Act applies to private employers having ______________ or more employees.

A) 50
B) 40
C) 30
D) 20
E) 15

Question 28

Which of the following has as its goal preventing employers form discriminating against employees and applicants with disabilities?

A) The Americans with Disabilities Act
B) The Disabled Citizens Act
C) The Handicapped Americans Act
D) The Disabled Americans Act
E) The Disabled Access Act

Question 29

Which of the following is true regarding whether employers may discriminate against smokers?

A) There is a federal law specifically prohibiting employers from firing employees who smoke.
B) There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke.
C) There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke, and it also requires that employers have a designated smoking area.
D) There is no federal law prohibiting employers from firing employees who smoke.
E) No states have laws prohibiting employers from firing employees who smoke.

Question 30

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

A) Attorney fees are always awarded to the prevailing party in Title VII cases.
B) Attorney fees are never awarded to the prevailing party in Title VII cases.
C) Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendants.
D) Attorney fees are not awarded to prevailing plaintiffs; but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney's fees to the prevailing defendant.
E) Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust; and if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney's fees to the prevailing defendant.

Question 31

Which of the following is a federal law regulating the payment of wages and overtime?

A) The Fair Pay Act
B) The Fair Labor Standards Act
C) The Regulatory Wage Act
D) The Subsistence Pay Act
E) The Legal Pay Act

Question 32

Which of the following is true regarding whether an employer may be held liable under Title VII for harassment of an employee by a nonemployee?

A) An employer cannot be held liable in such cases because the employer has no control over the nonemployee.
B) An employer is liable as a matter of law in such cases because an employer has an absolute duty to provide a work environment that is free of harassment.
C) An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee, yet the employer does nothing to remedy the situation.
D) An employer may only be held liable in such cases if quid pro quo harassment is involved.
E) An employer may only be held liable in such cases if disparate-impact harassment is involved.

Question 33

Which of the following are available as damages under Title VII?

A) Up to two years of back pay
B) Attorney fees
C) Court costs
D) Remedial seniority
E) All of these

Question 34

Which of the following is provided to a plaintiff if the EEOC decides not to sue on behalf of the plaintiff?

A) A termination of claim letter
B) A reinstatement letter
C) A referral letter
D) A right-to-sue letter
E) None of these because if the EEOC decides not to sue, then the case has no merit; and a plaintiff may not bring a civil suit.

Question 35

Which of the following types of entities may be covered by Title VII?

A) Indian tribes
B) Private clubs
C) Unions
D) Employment agencies
E) All of these

Question 36

Which of the following is true regarding caps on punitive damages in Title VII cases based on discrimination other than race?

A) Punitive damages are capped at $300,000 for employers of more than 500 employees.
B) Punitive damages are capped at $50,000 for employers of between 100 and 200 employees.
C) Punitive damages are capped at $25,000 for employers of between 25 and 50 employees.
D) Punitive damages are capped at $300,000 for employers of more than 500 employees, at $50,000 for employers of between 100 and 200 employees, and at $25,000 for employers of between 25 and 50 employees.
E) There is no cap on punitive damages.

Question 37

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

A) There is a federal law specifically prohibiting discrimination based on sexual orientation providing back pay, attorney fees, and punitive damages as available remedies.
B) There is no federal law specifically prohibiting discrimination based on sexual orientation, but it is considered by most courts to be included within Title VII's ban of discrimination based on gender.
C) There is a federal law specifically prohibiting discrimination based on sexual orientation, but it only provides for back pay as an available remedy.
D) There are no federal and no state laws specifically prohibiting discrimination based on sexual orientation.
E) While there is no federal law specifically prohibiting discrimination based on sexual orientation, some states do have laws prohibiting discrimination based on sexual orientation.

Question 38

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

A) 60
B) 50
C) 45
D) 40
E) 35

Question 39

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class?

A) Disparate-treatment cases
B) Disparate-impact cases
C) Unequal-distribution harassment cases
D) Disparate-treatment cases, disparate-impact cases, and unequal-distribution cases.
E) Disparate-treatment cases and disparate-impact cases, but not unequal-distribution cases

Question 40

Which of the following was the primary purpose for enactment of the Equal Pay Act?

A) To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job.
B) To eliminate situations in which less qualified men were hired as opposed to better qualified women.
C) To eliminate situations in which women and men were being paid less than deserved for certain types of work.
D) To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job; to eliminate situations in which less qualified men were hired as opposed to better qualified women; and to eliminate situations in which women and men were being paid less than deserved for certain types of work.
E) To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job; to eliminate situations in which less qualified men were hired as opposed to better qualified women; but not to eliminate situations in which women and men were being paid less than deserved for certain types of work.

Question 41

Who is considered an eligible employee under the Family and Medical Leave Act?

A) Those who have worked at least 25 hours a week for each of 12 months prior to the leave.
B) Those who have worked at least 30 hours a week for each of 12 months prior to the leave.
C) Those who have worked at least 35 hours a week for each of 12 months prior to the leave.
D) Those who have worked at least 40 hours a week for each of 12 months prior to the leave.
E) Those who have worked at least 40 hours a week for each of 24 months prior to the leave.

Question 42

How much must an employee pay in order to continue health benefits under COBRA?

A) One half the policy premiums.
B) All the policy premiums, plus up to a 5 percent administrative fee.
C) Only whatever percentage of policy premiums the employee paid prior to leaving the job.
D) All the premiums, plus up to a 2 percent administration fee.
E) Nothing because the employer must cover all premiums.

Question 43

Which of the following is false under federal law regarding employer monitoring of employee telephone calls?

A) Employers cannot listen to the private telephone conversations of employees.
B) Employers cannot disclose the content of private telephone conversations of employees.
C) Employers may ban personal calls during working time.
D) To check for compliance, employers may monitor calls so long as they discontinue listening to any conversation once they determine it is personal.
E) Employers must give employees access to a telephone and the ability to make personal phone calls at some point during the work day, and these personal calls may not be monitored.

Question 44

Which of the following is also known as the Labor-Management Relations Act?

A) The Taft-Hartley Act
B) The National Labor Relations Board
C) The Fair Labor Standards Act
D) The Wagner Act
E) The Landrum-Griffin Act

Question 45

Which of the following are exempt employees under the Fair Labor Standards Act?

A) Executives
B) Administrative employees
C) Professional employees
D) Executives, administrative employees, and professional employees
E) Executive and professional employees, but not administrative employees

Question 46

Which of the following primarily governs the internal operations of labor unions?

A) The Taft-Hartley Act
B) The National Labor Relations Board
C) The Fair Labor Standards Act
D) The Wagner Act
E) The Landrum-Griffin Act

Question 47

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

A) Plan information (i.e., features and funding).
B) A grievance and appeals process for participants to get benefits from their plans.
C) The right to sue for benefits and breaches of fiduciary duty.
D) Plan information (i.e., features and funding), a grievance and appeals process for participants to get benefits from their plans, and the right to sue for benefits and breaches of fiduciary duty.
E) Plan information (i.e., features and funding) and a grievance and appeals process for participants to get benefits from their plans, but not the right to sue for benefits and breaches of fiduciary duty.

Question 48

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

A) Collective bargaining
B) Mediation
C) Arbitration
D) Collusive dealings
E) Mandatory negotiations

Question 49

Which of the following is false under the Federal Unemployment Tax Act?

A) It provides a federal system to provide unemployment compensation to qualified employees who lose their jobs.
B) Employers must pay taxes to the states which deposit the money into the federal government's Unemployment Insurance Fund.
C) Each state has an account from which it can access the money in the federal fund.
D) States have different minimum standards for qualifying for unemployment compensation.
E) Almost all states require that an applicant for unemployment compensation not quit the former job.

Question 50

Which of the following interprets and enforces the National Labor Relations Act?

A) The Federal Union Board
B) The Collective Bargaining Board
C) The National Labor Relations Board
D) The Mandatory Negotiations Board
E) The Federal Labor Oversight Board

Question 51

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.

A) 30; 35
B) 35; 40
C) 40; 40
D) 45; 45
E) 50; 50

Question 52

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

A) The Wagner Act
B) The Taft-Hartley Act
C) The Landrum-Griffin Act
D) The Wagner Act, the Taft-Hartley Act, and the Landrum-Griffin Act
E) The Wagner Act and the Taft-Hartley Act, but not the Landrum-Griffin Act

Question 53

Through which of the following does the government primarily regulate workplace safety?

A) The Occupational Safety and Health Act
B) The Fair Labor Standards Act
C) The Wagner Act
D) The Taft-Hartley Act
E) The Workplace Enhancement Act

Question 54

The Family and Medical Leave Act guarantees all eligible employees up to ______________ weeks of leave during any ______________ month period.

A) 4; 24
B) 12; 24
C) 12; 12
D) 20; 12
E) 20; 24

Question 55

The Family and Medical Leave Act covers private employers with ______________ or more employees.

A) 20
B) 25
C) 50
D) 75
E) 100

Question 56

Which of the following are employers required to provide to employees under ERISA containing information as to how their benefit plan operates, the benefits under the plan, how to apply for such benefits, and other information?

A) A summary plan description
B) A benefits glossary
C) An ERISA benefits guide
D) A complete plan explanation
E) A complete plan document

Question 57

Which of the following enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical, dental or optical benefits to pay to continue receiving benefits for themselves and their dependants under the employer's policy?

A) The Employee Income Security Act
B) The Consolidated Omnibus Budget Reconciliation Act
C) The Family and Medical Leave Act
D) The Fair Labor Standards Act
E) Workers' compensation laws

Question 58

Which of the following is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in those plans?

A) The Employee Retirement Income Security Act
B) The Benefits Protection Act
C) The Family and Medical Leave Act
D) The Fair Labor Standards Act
E) Workers' compensation laws

Question 59

Under which of the following circumstances is an employer not required to offer an employee the option to continue medical benefits under COBRA?

A) When the employee is fired for gross misconduct.
B) When the employer decides to eliminate benefits for all current employees.
C) When the employee quits without notice.
D) When the employee is fired for gross misconduct, when the employer decides to eliminate benefits for all current employees, and also when the employee quits without notice.
E) When the employee is fired for gross misconduct and when the employer decides to eliminate benefits for all current employees, but not when the employee quits without notice.

Question 60

What is the federal minimum wage?

A) $5.85
B) $6.00
C) $6.50
D) $7.00
E) $7.25

Question 61

Reference - Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has no entitlement to information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following addresses the retention of medical benefits upon leaving a job?

A) The Consolidated Omnibus Budget Reconciliation Act (COBRA)
B) The Medical Benefits Retention Act (MBRA)
C) The Health and Maintenance Act (HMA)
D) The Comprehensive Medical Benefits Retention Act (CMBRA)
E) There is no such law.

Question 62

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

A) Employees covered by the Railway Labor Act
B) Independent Contractors
C) Agricultural workers
D) Supervisors
E) All of these

Question 63

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?

A) Gracie is not entitled to be paid because courts have ruled that while an employer cannot fire a pregnant employee based on the pregnancy, employers do not have to pay the employee for time off because pregnancy is a voluntary condition.
B) Gracie is entitled to be paid because all employers covered by Title VII must pay employees for the time they are medically required to be off work for pregnancy.
C) Gracie is entitled to some pay because employers covered by Title VII must pay employees half their pay for the time they are medically required to be off work for pregnancy.
D) Gracie is entitled to be paid because employers under Title VII must treat temporary disability caused by pregnancy the same as any other temporary disability and Groucho paid other employees who were off based upon temporary disabilities.
E) Gracie is not entitled to be paid because courts have ruled that employers only have to pay employees for time they are medically required to be off for pregnancy if the employee handbook provides for such payments.

Question 64

Reference - Styling Shenanigans. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. What type of harassment was involved in Candy's indication to Bruce that if he wanted a new blow dryer, then he needed to take her out on a date?

A) Quid pro quo
B) Hostile work environment
C) Sexual annoyance
D) Quid pro quo, hostile work environment, and sexual annoyance
E) Quid pro quo and hostile work environment, but not sexual annoyance

Question 65

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?

A) He is correct, and pregnancy-based discrimination is not prohibited by federal law.
B) He is correct in that pregnancy-based discrimination is not prohibited by Title VII, but it is prohibited by Title IV.
C) He is incorrect because Title VII was amended in 1980 to include pregnancy within its protection.
D) He is incorrect because Title VII was amended in 1987 to include pregnancy within its protection.
E) He is incorrect because Title VII was amended in 1997 to include pregnancy within its protection.

Question 66

Reference - Styling Shenanigans. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. Of which of the following types of harassment were Candy's caresses and suggestive statements?

A) Quid pro quo
B) Hostile work environment
C) Sexual annoyance
D) Quid pro quo, hostile work environment, and sexual annoyance
E) Quid pro quo and hostile work environment, but not sexual annoyance

Question 67

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?

A) He is not guilty of any violation without additional evidence of an intent to discriminate.
B) He is not guilty of any violation because common sense tells us that younger people make better sales clerks.
C) He is not guilty of any violation unless he can establish through a survey that most people prefer younger sales clerks.
D) He is not guilty of any violation unless he can establish through a survey that most of the formal wear store's customers prefer younger sales clerks.
E) He is guilty of violating the Age Discrimination in Employment Act.

Question 68

Set forth the family-related occurrences under which leave is available under the Family and Medical Leave Act.

Question 69

What must a union and employer do once a union has been elected, and what duties does an employer have regarding increasing benefits at that time?

Question 70

Reference - Dog 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 regarding Paul's test for patience?

A) Paul is entitled to test so long as the test is not designed, intended, or used to discriminate; and construct validity references measuring a psychological trait needed to perform the job.
B) Paul is entitled to test so long as the test is not designed, intended, or used to discriminate; and credited validity references measuring a psychological trait needed to perform the job.
C) Paul is prohibited from performing job testing for psychological traits although he would be allowed to test for other types of skills involving construct validity, such as word processing, so long as it could be shown that the skill was necessary for the job at issue.
D) Paul is prohibited from performing job testing for psychological traits although he would be allowed to test for other types of skills involving credited validity, such as word processing, so long as it could be shown that the skill was necessary for the job at issue.
E) Paul is prohibited by Title VII from doing any testing at all.

Question 71

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. What will be the likely result if Groucho defends on the basis that customers will object to Gracie's condition?

A) If he can prove that is true, then Groucho will prevail on the defense of bona fide occupational qualification.
B) Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that he has an established history of barring pregnant servers and that he did not single out Gracie.
C) Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that Gracie was attempting to voluntarily get pregnant.
D) Groucho will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only.
E) Groucho will lose on a defense of bona fide occupational qualification because he will not be able to establish that only non-pregnant employees can perform as servers.

Question 72

Reference - Styling Shenanigans. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. Which of the following is true regarding Robert's claim of sexual harassment?

A) He will be able to prevail only if he visits a psychologist.
B) He will not be able to prevail because Candy did not require that he take any action toward her in order to receive a work-related benefit or avoid a work-related detriment.
C) A recovery by Bruce does not establish that Robert should recover because Robert would need to show that he subjectively found Candy's conduct unwelcome.
D) Candy's actions would be reviewed only on an objective basis, and what Robert subjectively thought is irrelevant.
E) Robert will be able to recover only if he can establish that he did not benefit by favors at work based upon Candy's actions.

Question 73

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

Question 74

Reference - Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has no entitlement to information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Assuming Phyllis quits, which of the following rights does she have under federal law to retain benefits so long as the benefits are provided to employees who are still working?

A) None.
B) The right to retain the medical benefits indefinitely, so long as she pays for them along with the allowable administrative fee.
C) The right to retain the benefits for at least 12 months, with the cost born by the employer.
D) The right to retain the benefits for at least 18 months, with the cost born by the employer.
E) The right to retain the benefits for at least 18 months so long as she pays for the benefits along with the allowable administrative fee.

Question 75

Reference - Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has no entitlement to information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following is true regarding Bolivar's listening to the personal phone calls of Phyllis?

A) Bolivar can listen to the phone calls as long as he wants so long as he is Phyllis' supervisor.
B) Bolivar can listen to the phone calls as long as he wants only if he is a sole proprietor and truly owns the phones himself.
C) Bolivar can listen to the phone calls as long as he wants only if he has a policy prohibiting the making of personal calls.
D) Bolivar can listen to the phone calls as long as he wants only if he notifies employees first that he is going to do so.
E) Bolivar is prohibited from listening to the phone calls as long as he wants, and only limited exceptions exist for the monitoring of calls.

Question 76

Reference - Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has no entitlement to information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following is true regarding Bolivar's statement that Phyllis has no entitlement to information until she is at least 60 years old?

A) He is incorrect, and Phyllis is entitled to a "rights review description."
B) He is incorrect, and Phyllis is entitled to an "entitlement description."
C) He is incorrect, and Phyllis is entitled to a "summary plan description."
D) He is incorrect, and Phyllis is entitled to a "plan analysis description."
E) He is correct.

Question 77

Discuss whether you ethically believe employment-at-will should be retained in the U.S. and whether you believe laws currently in place excessively restrict employers insofar as their ability to fire employees is concerned. In your answer specifically reference at least three federal laws impacting the employment-at-will doctrine and whether you believe the laws are needed and appropriate.

Question 78

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 regarding Penny's action in federal court?

A) Her lawsuit was improperly filed because she did not first file with the federal Equal Employment Opportunity Commission, and she lacked a right to sue letter.
B) Her lawsuit was improperly filed because she did not first insist on mediation.
C) Her lawsuit was improperly filed because she did not first insist on arbitration.
D) Her lawsuit was properly filed because her state had no state Equal Opportunity Commission.
E) Her lawsuit was properly filed regardless of whether or not her state had a state Equal Opportunity Commission.

Question 79

Mona is a state representative. She believes that her state should pass a law mandating that all employees receive at least one week of vacation per year. Nick, one of her fellow representatives, tells her that the state legislature cannot do so because an increase in employment rights may only be granted by federal law. He tells her that only Congress in Washington
D.C. could pass a law increasing benefits. Nick, on the other hand, wants to pass a law repealing the federal Age Discrimination in Employment Act because he believes that younger workers should get a break. When Mona challenges him and disagrees, he tells her that state legislatures may reduce federal rights, just not add to them. Who is right on the issues involving vacation and the age act, and why?
Mona is right. Federal law may be described as a minimum level of protection for workers. State laws may give employees more, but not less protection than federal laws.