Question 1

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.

Accepted Answer

A) True 
 B)False  False

Question 2

Constructive discharge exists when an:

Accepted Answer

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. A

Question 3

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.

Accepted Answer

A) True 
 B)False  True

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

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 6

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?

Accepted Answer

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 7

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

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is true of disparate treatment?

Accepted Answer

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 9

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

Accepted Answer

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 10

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.

Accepted Answer

A) True 
 B)False

Question 11

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?

Accepted Answer

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 12

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?

Accepted Answer

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.

Question 13

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?

Accepted Answer

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 14

Describe the role of law libraries as a legal resource.

Accepted Answer

The answer of Describe the role of law libraries as...

Question 15

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?

Accepted Answer

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 16

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:

Accepted Answer

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 17

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

Accepted Answer

The answer of Describe the two theoretical bases for lawsuits...

Question 18

In the context of employment discrimination,which of the following is true of retaliation claims?

Accepted Answer

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 19

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

Accepted Answer

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 20

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?

Accepted Answer

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

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

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.

Constructive discharge exists when an:

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.

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

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

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

Which of the following is true of disparate treatment?

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

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.

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?

Describe the role of law libraries as a legal resource.

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

In the context of employment discrimination,which of the following is true of retaliation claims?

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

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?