Question 1

The Family and Medical Leave Act:

Accepted Answer

The Family and Medical Leave Act applies to private employers with 50 or more employees.

Question 2

Under the Age Discrimination in Employment Act (ADEA),which of these defenses are available?

Accepted Answer

The answer of Under the Age Discrimination in Employment Act...

Question 3

The Federal Employee Polygraph Protection Act:

Accepted Answer

The Federal Employee Polygraph Protection Act primarily restricts private employers from using polygraph tests for employment-related decisions, though it does allow for certain exceptions. It does not completely prohibit all use of polygraphs by employers, nor does it solely focus on the federal government or limit the use of polygraphs to detecting illegal drug use.

Question 4

In a disparate treatment case:

Accepted Answer

All of the statements are correct. In a disparate treatment case, if the plaintiff can establish a prima facie case of discrimination, the burden of proof then shifts to the employer to provide legitimate, non-discriminatory reasons for their actions. If the employer can provide such reasons, it is up to the plaintiff to show that those reasons were a pretext for discrimination. If the plaintiff can prove pretext, they will win the case.

Question 5

Identify the three types of discriminatory conduct,including disparate treatment,prohibited by Title VII of the Civil Rights Act of 1964.

Accepted Answer

The answer of Identify the three types of discriminatory conduct,including...

Question 6

In Ricci v.Destefano,the Supreme Court ruled:
a.the city could be liable for disparate-impact discrimination only if the exams were not job related and consistent with business necessity or if there were an equally valid, less-discriminatory alternative that served the city's needs but that the city would not adopt.
b.that the race-based action like the city's in this case is impermissible under Title VII, without exception.
c.Title VII of the Civil Rights Act of 1964 prohibits only intentional, but not unintentional, discrimination.
d.the Civil Rights Act of 1964 expressly prohibits policies or practices that produce a disparate impact.

Accepted Answer

The answer of In Ricci v.Destefano,the Supreme Court ruled:
a.the city...

Question 7

What is the difference between a "closed shop" and a "union shop"?

Accepted Answer

The answer of What is the difference between a "closed...

Question 8

Remedies for the Equal Pay Act would include:

Accepted Answer

The Equal Pay Act allows for remedies such as enjoining the employer from further unlawful conduct, but not specifically employer fines or non-liquidated damages.

Question 9

Under the Pregnancy Discrimination Act:

Accepted Answer

The Pregnancy Discrimination Act prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. This means that employers cannot refuse to hire a woman because she is pregnant, fire her because of pregnancy, or force her to take maternity leave if she is willing and able to work. The Act does not require family leave, but it does require that employers provide the same level of leave to employees affected by pregnancy or related medical conditions as they provide to employees who are temporarily disabled for other reasons. The BFOQ defense may be available in certain situations where there is a bona fide occupational qualification that justifies discrimination, but it is generally not applicable in cases of pregnancy discrimination.

Question 10

Regarding drug and alcohol testing of employees by employers:

Accepted Answer

The answer of Regarding drug and alcohol testing of employees...

Question 11

The tort of invasion of privacy actually consists of:

Accepted Answer

The tort of invasion of privacy consists of all of the options listed above: unreasonable intrusion into seclusion, unreasonable public disclosure of private facts, unreasonable publicity that places another in a false light, and appropriation of a person's name or likeness.

Question 12

Elmer has been a faithful worker at the Mid-America Manufacturing Company for over thirty years.One day when he comes to work,he gets called into the foreman's office and is told that the company has decided to lay off all of its 250 current employees and move the plant out of the country.
a.Does Elmer have any protections under the common law doctrine of employment at will?
b.Does Elmer have any protections under employment discrimination law?

Accepted Answer

The answer of Elmer has been a faithful worker at...

Question 13

Elmer is 55 years old and was recently laid off from his job at the Mid-America Corporation.He has applied for 30 different jobs,but has been told that the companies prefer younger workers.Does Elmer have any recourse under federal law?

Accepted Answer

The answer of Elmer is 55 years old and was...

Question 14

What are the remedies available for violations of the Civil Rights Act of 1964?

Accepted Answer

The answer of What are the remedies available for violations...

Question 15

Employee privacy:

Accepted Answer

Employee privacy encompasses various aspects including protection under common law invasion of privacy torts, and issues related to drug, alcohol, and polygraph testing.

Question 16

Under the Americans with Disabilities Act:

Accepted Answer

The answer of Under the Americans with Disabilities Act:
...

Question 17

Which of the following are remedies for violation of the Americans with Disabilities Act (ADA)?

Accepted Answer

All of the above remedies can be awarded in cases of ADA violations. Injunctive relief can require a company to make changes to accommodate individuals with disabilities. Reinstatement and back pay can be awarded if an employer has wrongfully terminated or not hired an individual with a disability. Compensatory and punitive damages can be awarded if an individual has experienced discrimination or harassment based on their disability.

Question 18

The Equal Employment Opportunity Commission (EEOC)is empowered to:

Accepted Answer

The EEOC is empowered to investigate all charges of discrimination and issue guidelines and regulations concerning enforcement policy. It can try to resolve alleged violations through informal means and, if necessary, file legal actions in its own name or refer cases to other agencies or the Department of Justice. Therefore, both choices (c) and (d) are correct.

Question 19

Under the Civil Rights Act of 1991,

Accepted Answer

The answer of Under the Civil Rights Act of 1991,
...

Question 20

The Civil Rights Act of 1964 provides which of the following defenses?

Accepted Answer

The Civil Rights Act of 1964 provides all of the above defenses: a bona fide seniority or merit system, a professionally developed ability test, and a bona fide occupational qualification (BFOQ).

Quiz 41: Employment Law