Question 1

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?

Accepted Answer

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 2

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?

Accepted Answer

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 3

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

Accepted Answer

A) True 
 B)False

Question 4

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.

Accepted Answer

The answer of Natalie was employed with the Southern Talk...

Question 5

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?

Accepted Answer

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 6

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

Accepted Answer

A) True 
 B)False

Question 7

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?

Accepted Answer

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 8

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.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

The answer of Explain the public policy exception to the...

Question 10

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?

Accepted Answer

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.

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

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

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

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