In Chapter 13, the authors discuss a number of "attitudinal barriers" faced by persons with disabilities.
- Discuss one or more of these barriers that you have witnessed, experienced, or are familiar with.
Monday, May 4, 2020
BUSI530 Week 7 Discussion 10
Sunday, May 3, 2020
BUSI530 Week 6 Dropbos Assignment 2
Age Discrimination (Age Discrimination in Employment Act) Cases
- Reeves v. Sanderson Plumbing Products, Inc., 530 US 133 (2000). Retrieved from https://www.oyez.org/cases/1999/99-536.
- Gross v. FBL Finance Services, Inc., 557 U.S. 167 (S. Ct. 2009). Retrieved from https://caselaw.findlaw.com/us-supreme-court/557/167.html.
Religious Discrimination (Title VII of the Civil Rights Act of 1964) Cases
- Peterson v. Hewlett-Packard Co., 358 F3d 599 (9th Cir. 2004). Retrieved from http://caselaw.findlaw.com/us-9th-circuit/1423047.html.
- EEOC v. Abercrombie & Fitch Stores, 575 US _____ (2015). Retrieved from https://www.oyez.org/cases/2014/14-86.
Your paper should begin with a discussion of the essential facts of the case, including a brief summary of the lower court decision(s) which gave rise to the appeal. Your discussion of the facts should be followed by a detailed analysis of the case. Your analysis should indicate what legal issues are presented in the case – in other words, what issues is the Court attempting to address and resolve? Some cases might have only a single issue, while others may have more than one. After you have described the facts and identified the legal issues presented, you should identify the relevant provisions of the law that the Court is interpreting in the case. In other words, what is the rule of law that governs the Court's analysis of the case? Finally, you should summarize the Court's decision, or holding, in the case, and discuss how the Court reached its decision. You should also consider and discuss the practical implications of the Court's decision for both the employer and the employee.
Your assignment should be in the form of an paper analyzing and discussing a case or set of facts pertaining to one or more areas of employment law.
- Your paper should be from 6-8 pages in length, in Word format, and should be double-spaced using a 12-point Times New Roman or similar business font.
- You may consult up to three (3) outside sources, although you are not required to utilize outside sources.
- Follow the 6th Edition of the APA manual for documentation, if you do consult outside sources.
- Upload your paper by Sunday evening at 11:59 p.m. CT.
BUSI530 Week 6 Discussion 9
Staff members who work at a women's medical clinic are required to provide clients with information about various community resources available to them on a variety of medical conditions. Some of the resources include information regarding abortions. One staff member claims that her religious beliefs do not permit her to provide information about abortions, which is against her religion. The director of the clinic claims it would cause an undue hardship to accommodate her religious beliefs.
What are your thoughts?
BUSI530 Week 5 Discussion 8
Most claims involving sexual misconduct in the workplace (such as sexual discrimination and sexual harassment) are resolved with a settlement between the complaining party and the employer. These settlements typically contain nondisclosure provisions (also known as a "Non-Disclosure Agreement", or NDA) that prohibit the complaining party from discussing information about their claim or the settlement agreement itself, with very limited exceptions.
In the wake of recent sexual misconduct claims by women against high-profile men in a number of business enterprises, including the news and entertainment industries, legislators, attorneys, and legal experts throughout the country are considering whether Non-Disclosure Agreements should be prohibited in settlement agreements involving sexual misconduct, both within and outside of the workplace. Some states, such as Washington and New York, have enacted legislation banning NDA's in settlement agreements involving sexual misconduct, while several other states are contemplating similar legislation. Those who support a prohibition of NDAs in sexual misconduct claims argue that employers and individuals who engage in sexual misconduct should not be permitted to "buy" the silence of the victims. Opponents of prohibiting the inclusion of NDAs in settlement agreements contend that the NDAs provide an incentive for employers to settle sexual misconduct claims, and that without non-disclosure provisions, employers will force complainants into costly and time-consuming litigation. What is your opinion of requiring Non-Disclosure Agreements in settlements of cases involving sexual harassment/misconduct? Please explain your reasoning.
BUSI530 Week 5 Discussion 7
Although Title VII of the Civil Rights Act of 1964 does not prohibit employment discrimination based on sexual-orientation or gender-identity, a number of states have enacted laws that do prohibit discrimination on the basis of sexual-orientation and/or gender-identity.
- Discuss whether there is one or more state or local laws in your state prohibiting employment discrimination based on sexual-orientation or gender-identity.
BUSI530 Week 4 Midterm Exam SCORE 100 PERCENT
Question 1 (4 points)
Myra provides accounting services as an independent contractor for Great Northern. Because of this relationship, Great Northern is responsible for withholding and paying Myra's employment taxes, including federal unemployment compensation (FUTA), Social Security (FICA) and FICA excise tax.
Question 1 options:
1) True
2) False
Question 2 (4 points)
The Health Insurance Portability and Accountability Act permits employers to use protected health information in making employment decisions without prior consent.
Question 2 options:
1) True
2) False
Question 3 (4 points)
Affirmative action mandates hiring of underrepresented groups, regardless of their qualification for the job.
Question 3 options:
1) True
2) False
Question 4 (4 points)
The only time that a discussion of race should be initiated in a workplace is in the midst of an allegation of racial discrimination.
Question 4 options:
1) True
2) False
Question 5 (4 points)
If the Equal Employment Opportunity Commission (EEOC) concludes that a workplace discrimination claim does not violate Title VII of the Civil Rights Act of 1964, the employee has no right to pursue the matter further in any court.
Question 5 options:
1) True
2) False
Question 6 (4 points)
The USA PATRIOT Act requires an employer to obtain a judicial warrant to grant access to sensitive data. A court order is not sufficient.
Question 6 options:
1) True
2) False
Question 7 (4 points)
For employers, passage of Title VII of the Civil Rights Act of 1964 meant that virtually any employment decision could be challenged by an employee or applicant who falls within the Title VII categories.
Question 7 options:
1) True
2) False
Question 8 (4 points)
In a disparate treatment case, the plaintiff must be able to demonstrate that the employer had an "evil" intent to discriminate.
Question 8 options:
1) True
2) False
Question 9 (4 points)
In a claim of reverse race discrimination, the ultimate burden of persuasion remains always on the defendant.
Question 9 options:
1) True
2) False
Question 10 (4 points)
An employee who is subject to discipline has a right to request that a co-worker be present as a witness during an investigatory interview.
Question 10 options:
1) True
2) False
Question 11 (4 points)
The main reason for passing Title VII, and the first of the prohibited categories is race.
Question 11 options:
1) True
2) False
Question 12 (4 points)
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.
Question 12 options:
1) True
2) False
Question 13 (4 points)
The American legal system is based on stare decisis, a system of using legal precedent.
Question 13 options:
1) True
2) False
Question 14 (4 points)
Quotas are a necessary part of any affirmative action plan.
Question 14 options:
1) True
2) False
Question 15 (4 points)
An English-only rule may be used at a workplace if it is needed to promote the safe or efficient operation of the employer's business.
Question 15 options:
1) True
2) False
Question 16 (4 points)
One criteria for determining whether a worker is an employee or an independent contractor is the economic realities test. Under the economic realities test, a court considers whether a worker is economically dependent on the business, or is in business for himself or herself.
Question 16 options:
1) True
2) False
Question 17 (4 points)
The discharge of a teacher from her services is upheld when, although fluent in English, she spoke with such a thick accent that her students found it difficult to follow her.
Question 17 options:
1) True
2) False
Question 18 (4 points)
Citizenship and national origin are the same.
Question 18 options:
1) True
2) False
Question 19 (4 points)
The Drug-Free Workplace Act of 1988 prohibits the drug testing of federal employees under all circumstances.
Question 19 options:
1) True
2) False
Question 20 (4 points)
During the hiring process, an employer may ask whether an applicant will need a reasonable accommodation during the hiring process.
Question 20 options:
1) True
2) False
Question 21 (4 points)
Valuing diversity means being sensitive to and appreciative of differences among groups, and using those differences as a positive force to increase productivity and efficiency.
Question 21 options:
1) True
2) False
Question 22 (4 points)
If the parties involved in a workplace discrimination case reach an agreement through mediation, that agreement is as binding as any other settlement agreement.
Question 22 options:
1) True
2) False
Question 23 (4 points)
The Electronic Communications Privacy Act permits an employer to monitor an employee's telephone calls when the equipment used for the call is what is used in the ordinary course of business.
Question 23 options:
1) True
2) False
Question 24 (4 points)
An employer may decide to not hire an applicant solely because they wear a headscarf or turban if there is a policy in place stating that employees may not wear hats, etc. at work.
Question 24 options:
1) True
2) False
Question 25 (4 points)
Agency law, based on the traditional law called master and servant, governs employment relationships.
Question 25 options:
1) True
2) False
Question 26 (4 points)
To claim a prima facie case for national origin discrimination, an employee needs to prove that:
Question 26 options:
1) his or her employer's job requirements exceed his or her qualifications.
2) his or her position was filled by someone who is a member of the same protected class that he or she belongs to.
3) his or her employer's employment decision caused an adverse employment action to him or her.
4) his or her employer's employment decision or action was a business necessity.
Question 27 (4 points)
HealthSmart, a private hospital, employs five workers of Hispanic descent in its maintenance department. Though they were told that they would be performing different tasks on a rotation basis, the maintenance supervisor assigns only the five of them, out of the total 20 maintenance employees, to clean the morgue and the basement every time. Although they requested the hospital's management to change their duties, no changes were made. Which of the following holds true in this case?
Question 27 options:
1) HealthSmart will be liable for national origin discrimination because it illegally segregated the employees based on their national origin, resulting in disparate treatment.
2) HealthSmart will not be liable for national origin discrimination based on the court's ruling in Garcia v. Spun Steak Co.
3) HealthSmart will be liable for national origin discrimination because Title VII of the Civil Rights Act of 1964 provides protection against discrimination based on country of citizenship.
4) HealthSmart will not be liable for national origin discrimination because the Fair Labor Standards Act (FLSA) allows employers to discriminate in favor of U.S. citizens.
Question 28 (4 points)
Rasheed, a black man with a bachelor's degree in physical education, applies for a job at a gym along with a white friend who has the same qualifications. Although his friend gets an interview call from the gym, Rasheed does not receive any interview calls. Suspecting that his application was rejected due to his first name, Rasheed submits an identical résumé to the same gym but changes his first name on the résumé. Consequently, he is invited for an interview. In this scenario, Rasheed was likely a victim of:
Question 28 options:
1) disparate impact because of his association with someone of a particular race.
2) constructive discharge under Title VII of the Civil Rights Act of 1964.
3) discrimination based on the perception of his race.
4) reverse discrimination under 42 U.S.C. section 1983.
Question 29 (4 points)
National origin was included in Title VII's list of protected classes:
Question 29 options:
1) As a last-minute attempt to add controversy to the legislation so that it would not be enacted.
2) To ensure that employers do not make employment decisions based on preconceived notions about employees' or applicants' country of origin.
3) To satisfy international critics of the legislation who suggested that the protection it afforded was simply not enough.
4) To ensure that illegal immigrants are given a fair chance at employment.
Question 30 (4 points)
The Ninth Circuit Court of Appeals developed a balancing test to assist in balancing an individual's need to know the information and the employee's right to privacy. The four factors are:
Question 30 options:
1) the public's interest in disclosure of the information; whether the employee signed a blanket disclosure agreement covering the information; the degree of invasion of personal privacy, whether the employee's desire to keep the information confidential is reasonable
2) the individual's interest in disclosure of the information; the public's interest in disclosure; the degree of invasion of personal privacy; and whether there are other means to obtain the information
3) the reasonableness of the employee's desire to keep the information private; the benefits to the public of making the information available; whether there are other ways to obtain the information; an explanation of why the information is needed
4) an explanation of the need for the information; the employee's consent to the discovery and disclosure of the information; the public's interest in the information; whether there are other means to obtain the information.
Question 31 (4 points)
In the absence of age as a bona fide occupational qualification (BFOQ), the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual ________ years of age or older.
Question 31 options:
1) 21
2) 35
3) 40
4) 70
Question 32 (4 points)
Under common law, employers can be found liable for fraud in recruitment if they:
Question 32 options:
1) fill a job position by promoting from within the company.
2) use word-of-mouth recruiting to obtain new employees.
3) offer all candidates the same information about a position or their company.
4) allow an applicant to believe something about a job that they know is false.
Question 33 (4 points)
Green Oval Electronics employs approximately 2,700 employees. During a recent workforce survey, it was found that 97 percent of the company's managers are white, although only 62 percent of the company's entire workforce is white. The company decided to implement a voluntary affirmative action plan that would reserve 25 percent of the openings in a managerial development program for blacks and other minorities, only until the percentage of minority employees working as supervisors was representative of the percentage of available minorities in the local labor force. Which of the following holds true in this scenario?
Question 33 options:
1) This affirmative action plan is illegal because under Executive Order 11246, only a 10 percent quota is permitted.
2) This affirmative action plan is legal because Title VII of the Civil Rights Act of 1964 mandates employers to protect the interests of minorities and women by setting employment quotas.
3) This affirmative action plan is legal because it is temporary and does not unnecessarily infringe on the rights of white employees.
4) This affirmative action plan is illegal because it discriminates against white employees.
Question 34 (4 points)
Justin was employed as an auto mechanic with Madison & Sons Auto Shop. Mr. Madison employed 20 mechanics in each of his facilities in Denver, Colorado. Justin was the only African-American mechanic and had been employed by Mr. Madison for approximately nine years. He applied for a promotion to chief mechanic on four separate occasions and each time, the promotion was given to a white male with less seniority and less experience. After being denied the promotion for the fifth time, Justin filed a discrimination claim with the Equal Employment Opportunity Commission (EEOC). Justin's employment was terminated by Mr. Madison after the EEOC contacted Mr. Madison concerning the claim. Which of the following will hold true in this scenario?
Question 34 options:
1) Mr. Madison may be found liable for violation of the antidiscrimination and the antiretaliation provisions under the Civil Rights Act of 1964.
2) Mr. Madison cannot be held liable because Title VII of the Civil Rights Act of 1964 covers only employers with more than 50 employees.
3) Mr. Madison cannot be held liable because Justin is an at-will employee.
4) Mr. Madison can use the bona fide occupational qualification (BFOQ) defense to protect himself against Justin's discrimination claim.
Question 35 (4 points)
After the Equal Employment Opportunity Commission (EEOC) completes its investigation in an employment discrimination case, ________.
Question 35 options:
1) it gives the employee a dismissal and a right-to-sue letter if no reasonable cause for the employee's discrimination complaint is found
2) the EEOC requires the employer to pay compensatory damages within 30 days of the discriminatory event
3) either party cannot ask for reconsideration of the EEOC's decision
4) the employee is prohibited from pursuing the matter further in federal court if he or she is not satisfied with the EEOC's ruling
Question 36 (4 points)
Which of the following is the function of a motion for summary judgment?
Question 36 options:
1) If a party wins a motion for summary judgment, the case is remanded to a lower court.
2) 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.
3) 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.
4) 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.
Question 37 (4 points)
Pat, a black woman, had been working as an associate photographer for Style Trends magazine for five years. When the chief photographer position opened up, Pat applied for the position but did not get selected. Instead, Sharon, a white woman, was appointed as the chief photographer. Even though Pat was aware that Sharon had better qualifications and experience to be a chief photographer, she filed a racial discrimination claim with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this scenario?
Question 37 options:
1) Pat's complaint will likely prevail under the business necessity defense.
2) Pat's complaint will likely not prevail because not every decision that is arbitrary or unfair is discrimination.
3) Pat's complaint will likely not prevail because Title VII of the Civil Rights Act of 1964 prohibits promotions from within an organization.
4) Pat's complaint will likely prevail because an employee can be hired or promoted simply because he or she belongs to a protected class.
Question 38 (4 points)
Which information below is NOT legally protected (i.e., it can be legally accessed by the employer) under U.S. privacy law?
Question 38 options:
1) an employee's criminal record
2) that obtained by a search of the employee's body or physical space (so by a pat-down or body search)
3) the contents of an employee's phone call made using the employer's phone, on the employer's premises, during working hours
4) the contents of an employee's private e-mail, accessed on a work computer
Question 39 (4 points)
Once an employee has articulated a prima facie case of discrimination based on national origin, the burden falls on his or her employer to:
Question 39 options:
1) prove that there has been a violation of the doctrine of promissory estoppel.
2) identify a bona fide occupational qualification (BFOQ).
3) show that the employee belongs to a protected class.
4) establish that no other employee was subjected to such disparate treatment.
Question 40 (4 points)
Which of the following is true about constitutional protections available to public employees and/or private employees for inappropriate disclosure of personal information by their employer?
Question 40 options:
1) Constitutional protection applies only to employees of federal agencies, and not employees of private employers.
2) Employees of private employers enjoy constitutional protections, while employees of public employers do not.
3) Public employees and private employees enjoy equal constitutional protections.
4) Employees of private employers enjoy more constitutional protection than public employees.
Question 41 (4 points)
Title VII's (of the Civil Rights Act of 1964) ban on racial discrimination applies:
Question 41 options:
1) specifically to black and Hispanic people.
2) to all citizens equally.
3) to all member countries of the United Nations.
4) only to black people.
Question 42 (4 points)
Constructive discharge exists when an:
Question 42 options:
1) employer terminates a group of employees together for a legitimate, non-discriminatory reason.
2) employer terminates an employee after providing 90 days' advance notice.
3) employee is fired for engaging in constitutionally protected activities.
4) employee sees no alternative but to quit her or his position; that is, the act of leaving was not truly voluntary.
Question 43 (4 points)
Which of the following statements is true of affirmative action?
Question 43 options:
1) Under affirmative action, an applicant can simply be a female or a minority to be placed in a job.
2) Minorities and females cannot be terminated from their jobs for any cause under affirmative action plans.
3) Affirmative action requires employers to remove qualified whites and males from their jobs and give these jobs to minorities.
4) Workplace productivity and efficiency do not suffer under affirmative action plans.
Question 44 (4 points)
Which of the following best relates to the employment-at-will doctrine?
Question 44 options:
1) An employer can terminate an employee for any reason as long as the reason is not prohibited by law.
2) An employer is free to discriminate against employees based on their gender, race, religion, or national origin.
3) A government employee usually loses his or her constitutional rights when on the job.
4) Highly paid skilled workers in building and construction trades can pass their jobs on to a family member when they retire.
Question 45 (4 points)
Who among the following has committed the tort of slander?
Question 45 options:
1) A manager who searchers an employee's office without consent
2) A manager who negligently reveals private information about an employee to another employee
3) A manager who gives false, defamatory information about a former employee while on a conference call
4) A manager who monitors an employee's private e-mail
Question 46 (4 points)
If an employer enforces an English-only policy in all areas of the workplace and at all times, including break times and other free time, the:
Question 46 options:
1) employer impermissibly violates Title VII of the Civil Rights Act, which protects the ability of workers to express their cultural heritage at the workplace.
2) employer's policy is not unlawful because all individuals, irrespective of their national origin, are required to speak English in the United States.
3) employer is much safer from a charge of national origin discrimination than an employer who only enforces the policy in certain areas and at certain times.
4) employer's policy is presumptively discriminatory according to the Equal Employment Opportunity Commission (EEOC).
Question 47 (4 points)
Under the Americans with Disabilities Act of 1990, employers are strictly prohibited from asking job applicants with disabilities about:
Question 47 options:
1) the different languages they can read, speak, or write.
2) past experience with workers' compensation.
3) their experience working with a certain age group.
4) skills they acquired in their previous jobs.
Question 48 (4 points)
Magda comes to work in clothes that are highly reflective of her national origin. This happens to violate the dress code of her workplace. After being politely asked to follow the office dress code several times by her supervisor, Magda is finally asked to return home and change into clothing that conforms to the company's dress code. Which of the following holds true if Magda decides to file a discrimination claim based on national origin?
Question 48 options:
1) The employer can defend the dress code if it can show that Magda's attire overlaps with her religion.
2) Magda has a claim under Title VII of the Civil Rights Act of 1964 for national origin discrimination because it guarantees her the right to freedom of cultural expression.
3) Magda's employer can defend the dress code because Title VII of the Civil Rights Act of 1964 does not require an employer to accommodate an employee's attire of national origin.
4) Magda has a claim under Title VII the Civil Rights Act of 1964 for national origin discrimination if she can prove that her attire does not encourage other employees to dress casually.
Question 49 (4 points)
An affirmative action plan under E.O. 11246:
Question 49 options:
1) prohibits termination of women or minorities, even if they cannot effectively perform the necessary elements of their job.
2) is developed without input or consent of the employer.
3) is a management tool—integral to conducting business.
4) interferes with the effective management of the business by mandating the hire of unqualified, inexperienced employees.
Question 50 (4 points)
The federal agency with primary responsibility for handling most employment discrimination claims under federal law is the:
Question 50 options:
1) Office of Federal Contract Compliance Programs (OFCCP)
2) Department of Justice (DOJ)
3) Equal Employment Opportunity Commission (EEOC)
4) Federal Civil Rights Agency (FCRA)
Myra provides accounting services as an independent contractor for Great Northern. Because of this relationship, Great Northern is responsible for withholding and paying Myra's employment taxes, including federal unemployment compensation (FUTA), Social Security (FICA) and FICA excise tax.
Question 1 options:
1) True
2) False
Question 2 (4 points)
The Health Insurance Portability and Accountability Act permits employers to use protected health information in making employment decisions without prior consent.
Question 2 options:
1) True
2) False
Question 3 (4 points)
Affirmative action mandates hiring of underrepresented groups, regardless of their qualification for the job.
Question 3 options:
1) True
2) False
Question 4 (4 points)
The only time that a discussion of race should be initiated in a workplace is in the midst of an allegation of racial discrimination.
Question 4 options:
1) True
2) False
Question 5 (4 points)
If the Equal Employment Opportunity Commission (EEOC) concludes that a workplace discrimination claim does not violate Title VII of the Civil Rights Act of 1964, the employee has no right to pursue the matter further in any court.
Question 5 options:
1) True
2) False
Question 6 (4 points)
The USA PATRIOT Act requires an employer to obtain a judicial warrant to grant access to sensitive data. A court order is not sufficient.
Question 6 options:
1) True
2) False
Question 7 (4 points)
For employers, passage of Title VII of the Civil Rights Act of 1964 meant that virtually any employment decision could be challenged by an employee or applicant who falls within the Title VII categories.
Question 7 options:
1) True
2) False
Question 8 (4 points)
In a disparate treatment case, the plaintiff must be able to demonstrate that the employer had an "evil" intent to discriminate.
Question 8 options:
1) True
2) False
Question 9 (4 points)
In a claim of reverse race discrimination, the ultimate burden of persuasion remains always on the defendant.
Question 9 options:
1) True
2) False
Question 10 (4 points)
An employee who is subject to discipline has a right to request that a co-worker be present as a witness during an investigatory interview.
Question 10 options:
1) True
2) False
Question 11 (4 points)
The main reason for passing Title VII, and the first of the prohibited categories is race.
Question 11 options:
1) True
2) False
Question 12 (4 points)
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.
Question 12 options:
1) True
2) False
Question 13 (4 points)
The American legal system is based on stare decisis, a system of using legal precedent.
Question 13 options:
1) True
2) False
Question 14 (4 points)
Quotas are a necessary part of any affirmative action plan.
Question 14 options:
1) True
2) False
Question 15 (4 points)
An English-only rule may be used at a workplace if it is needed to promote the safe or efficient operation of the employer's business.
Question 15 options:
1) True
2) False
Question 16 (4 points)
One criteria for determining whether a worker is an employee or an independent contractor is the economic realities test. Under the economic realities test, a court considers whether a worker is economically dependent on the business, or is in business for himself or herself.
Question 16 options:
1) True
2) False
Question 17 (4 points)
The discharge of a teacher from her services is upheld when, although fluent in English, she spoke with such a thick accent that her students found it difficult to follow her.
Question 17 options:
1) True
2) False
Question 18 (4 points)
Citizenship and national origin are the same.
Question 18 options:
1) True
2) False
Question 19 (4 points)
The Drug-Free Workplace Act of 1988 prohibits the drug testing of federal employees under all circumstances.
Question 19 options:
1) True
2) False
Question 20 (4 points)
During the hiring process, an employer may ask whether an applicant will need a reasonable accommodation during the hiring process.
Question 20 options:
1) True
2) False
Question 21 (4 points)
Valuing diversity means being sensitive to and appreciative of differences among groups, and using those differences as a positive force to increase productivity and efficiency.
Question 21 options:
1) True
2) False
Question 22 (4 points)
If the parties involved in a workplace discrimination case reach an agreement through mediation, that agreement is as binding as any other settlement agreement.
Question 22 options:
1) True
2) False
Question 23 (4 points)
The Electronic Communications Privacy Act permits an employer to monitor an employee's telephone calls when the equipment used for the call is what is used in the ordinary course of business.
Question 23 options:
1) True
2) False
Question 24 (4 points)
An employer may decide to not hire an applicant solely because they wear a headscarf or turban if there is a policy in place stating that employees may not wear hats, etc. at work.
Question 24 options:
1) True
2) False
Question 25 (4 points)
Agency law, based on the traditional law called master and servant, governs employment relationships.
Question 25 options:
1) True
2) False
Question 26 (4 points)
To claim a prima facie case for national origin discrimination, an employee needs to prove that:
Question 26 options:
1) his or her employer's job requirements exceed his or her qualifications.
2) his or her position was filled by someone who is a member of the same protected class that he or she belongs to.
3) his or her employer's employment decision caused an adverse employment action to him or her.
4) his or her employer's employment decision or action was a business necessity.
Question 27 (4 points)
HealthSmart, a private hospital, employs five workers of Hispanic descent in its maintenance department. Though they were told that they would be performing different tasks on a rotation basis, the maintenance supervisor assigns only the five of them, out of the total 20 maintenance employees, to clean the morgue and the basement every time. Although they requested the hospital's management to change their duties, no changes were made. Which of the following holds true in this case?
Question 27 options:
1) HealthSmart will be liable for national origin discrimination because it illegally segregated the employees based on their national origin, resulting in disparate treatment.
2) HealthSmart will not be liable for national origin discrimination based on the court's ruling in Garcia v. Spun Steak Co.
3) HealthSmart will be liable for national origin discrimination because Title VII of the Civil Rights Act of 1964 provides protection against discrimination based on country of citizenship.
4) HealthSmart will not be liable for national origin discrimination because the Fair Labor Standards Act (FLSA) allows employers to discriminate in favor of U.S. citizens.
Question 28 (4 points)
Rasheed, a black man with a bachelor's degree in physical education, applies for a job at a gym along with a white friend who has the same qualifications. Although his friend gets an interview call from the gym, Rasheed does not receive any interview calls. Suspecting that his application was rejected due to his first name, Rasheed submits an identical résumé to the same gym but changes his first name on the résumé. Consequently, he is invited for an interview. In this scenario, Rasheed was likely a victim of:
Question 28 options:
1) disparate impact because of his association with someone of a particular race.
2) constructive discharge under Title VII of the Civil Rights Act of 1964.
3) discrimination based on the perception of his race.
4) reverse discrimination under 42 U.S.C. section 1983.
Question 29 (4 points)
National origin was included in Title VII's list of protected classes:
Question 29 options:
1) As a last-minute attempt to add controversy to the legislation so that it would not be enacted.
2) To ensure that employers do not make employment decisions based on preconceived notions about employees' or applicants' country of origin.
3) To satisfy international critics of the legislation who suggested that the protection it afforded was simply not enough.
4) To ensure that illegal immigrants are given a fair chance at employment.
Question 30 (4 points)
The Ninth Circuit Court of Appeals developed a balancing test to assist in balancing an individual's need to know the information and the employee's right to privacy. The four factors are:
Question 30 options:
1) the public's interest in disclosure of the information; whether the employee signed a blanket disclosure agreement covering the information; the degree of invasion of personal privacy, whether the employee's desire to keep the information confidential is reasonable
2) the individual's interest in disclosure of the information; the public's interest in disclosure; the degree of invasion of personal privacy; and whether there are other means to obtain the information
3) the reasonableness of the employee's desire to keep the information private; the benefits to the public of making the information available; whether there are other ways to obtain the information; an explanation of why the information is needed
4) an explanation of the need for the information; the employee's consent to the discovery and disclosure of the information; the public's interest in the information; whether there are other means to obtain the information.
Question 31 (4 points)
In the absence of age as a bona fide occupational qualification (BFOQ), the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual ________ years of age or older.
Question 31 options:
1) 21
2) 35
3) 40
4) 70
Question 32 (4 points)
Under common law, employers can be found liable for fraud in recruitment if they:
Question 32 options:
1) fill a job position by promoting from within the company.
2) use word-of-mouth recruiting to obtain new employees.
3) offer all candidates the same information about a position or their company.
4) allow an applicant to believe something about a job that they know is false.
Question 33 (4 points)
Green Oval Electronics employs approximately 2,700 employees. During a recent workforce survey, it was found that 97 percent of the company's managers are white, although only 62 percent of the company's entire workforce is white. The company decided to implement a voluntary affirmative action plan that would reserve 25 percent of the openings in a managerial development program for blacks and other minorities, only until the percentage of minority employees working as supervisors was representative of the percentage of available minorities in the local labor force. Which of the following holds true in this scenario?
Question 33 options:
1) This affirmative action plan is illegal because under Executive Order 11246, only a 10 percent quota is permitted.
2) This affirmative action plan is legal because Title VII of the Civil Rights Act of 1964 mandates employers to protect the interests of minorities and women by setting employment quotas.
3) This affirmative action plan is legal because it is temporary and does not unnecessarily infringe on the rights of white employees.
4) This affirmative action plan is illegal because it discriminates against white employees.
Question 34 (4 points)
Justin was employed as an auto mechanic with Madison & Sons Auto Shop. Mr. Madison employed 20 mechanics in each of his facilities in Denver, Colorado. Justin was the only African-American mechanic and had been employed by Mr. Madison for approximately nine years. He applied for a promotion to chief mechanic on four separate occasions and each time, the promotion was given to a white male with less seniority and less experience. After being denied the promotion for the fifth time, Justin filed a discrimination claim with the Equal Employment Opportunity Commission (EEOC). Justin's employment was terminated by Mr. Madison after the EEOC contacted Mr. Madison concerning the claim. Which of the following will hold true in this scenario?
Question 34 options:
1) Mr. Madison may be found liable for violation of the antidiscrimination and the antiretaliation provisions under the Civil Rights Act of 1964.
2) Mr. Madison cannot be held liable because Title VII of the Civil Rights Act of 1964 covers only employers with more than 50 employees.
3) Mr. Madison cannot be held liable because Justin is an at-will employee.
4) Mr. Madison can use the bona fide occupational qualification (BFOQ) defense to protect himself against Justin's discrimination claim.
Question 35 (4 points)
After the Equal Employment Opportunity Commission (EEOC) completes its investigation in an employment discrimination case, ________.
Question 35 options:
1) it gives the employee a dismissal and a right-to-sue letter if no reasonable cause for the employee's discrimination complaint is found
2) the EEOC requires the employer to pay compensatory damages within 30 days of the discriminatory event
3) either party cannot ask for reconsideration of the EEOC's decision
4) the employee is prohibited from pursuing the matter further in federal court if he or she is not satisfied with the EEOC's ruling
Question 36 (4 points)
Which of the following is the function of a motion for summary judgment?
Question 36 options:
1) If a party wins a motion for summary judgment, the case is remanded to a lower court.
2) 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.
3) 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.
4) 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.
Question 37 (4 points)
Pat, a black woman, had been working as an associate photographer for Style Trends magazine for five years. When the chief photographer position opened up, Pat applied for the position but did not get selected. Instead, Sharon, a white woman, was appointed as the chief photographer. Even though Pat was aware that Sharon had better qualifications and experience to be a chief photographer, she filed a racial discrimination claim with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this scenario?
Question 37 options:
1) Pat's complaint will likely prevail under the business necessity defense.
2) Pat's complaint will likely not prevail because not every decision that is arbitrary or unfair is discrimination.
3) Pat's complaint will likely not prevail because Title VII of the Civil Rights Act of 1964 prohibits promotions from within an organization.
4) Pat's complaint will likely prevail because an employee can be hired or promoted simply because he or she belongs to a protected class.
Question 38 (4 points)
Which information below is NOT legally protected (i.e., it can be legally accessed by the employer) under U.S. privacy law?
Question 38 options:
1) an employee's criminal record
2) that obtained by a search of the employee's body or physical space (so by a pat-down or body search)
3) the contents of an employee's phone call made using the employer's phone, on the employer's premises, during working hours
4) the contents of an employee's private e-mail, accessed on a work computer
Question 39 (4 points)
Once an employee has articulated a prima facie case of discrimination based on national origin, the burden falls on his or her employer to:
Question 39 options:
1) prove that there has been a violation of the doctrine of promissory estoppel.
2) identify a bona fide occupational qualification (BFOQ).
3) show that the employee belongs to a protected class.
4) establish that no other employee was subjected to such disparate treatment.
Question 40 (4 points)
Which of the following is true about constitutional protections available to public employees and/or private employees for inappropriate disclosure of personal information by their employer?
Question 40 options:
1) Constitutional protection applies only to employees of federal agencies, and not employees of private employers.
2) Employees of private employers enjoy constitutional protections, while employees of public employers do not.
3) Public employees and private employees enjoy equal constitutional protections.
4) Employees of private employers enjoy more constitutional protection than public employees.
Question 41 (4 points)
Title VII's (of the Civil Rights Act of 1964) ban on racial discrimination applies:
Question 41 options:
1) specifically to black and Hispanic people.
2) to all citizens equally.
3) to all member countries of the United Nations.
4) only to black people.
Question 42 (4 points)
Constructive discharge exists when an:
Question 42 options:
1) employer terminates a group of employees together for a legitimate, non-discriminatory reason.
2) employer terminates an employee after providing 90 days' advance notice.
3) employee is fired for engaging in constitutionally protected activities.
4) employee sees no alternative but to quit her or his position; that is, the act of leaving was not truly voluntary.
Question 43 (4 points)
Which of the following statements is true of affirmative action?
Question 43 options:
1) Under affirmative action, an applicant can simply be a female or a minority to be placed in a job.
2) Minorities and females cannot be terminated from their jobs for any cause under affirmative action plans.
3) Affirmative action requires employers to remove qualified whites and males from their jobs and give these jobs to minorities.
4) Workplace productivity and efficiency do not suffer under affirmative action plans.
Question 44 (4 points)
Which of the following best relates to the employment-at-will doctrine?
Question 44 options:
1) An employer can terminate an employee for any reason as long as the reason is not prohibited by law.
2) An employer is free to discriminate against employees based on their gender, race, religion, or national origin.
3) A government employee usually loses his or her constitutional rights when on the job.
4) Highly paid skilled workers in building and construction trades can pass their jobs on to a family member when they retire.
Question 45 (4 points)
Who among the following has committed the tort of slander?
Question 45 options:
1) A manager who searchers an employee's office without consent
2) A manager who negligently reveals private information about an employee to another employee
3) A manager who gives false, defamatory information about a former employee while on a conference call
4) A manager who monitors an employee's private e-mail
Question 46 (4 points)
If an employer enforces an English-only policy in all areas of the workplace and at all times, including break times and other free time, the:
Question 46 options:
1) employer impermissibly violates Title VII of the Civil Rights Act, which protects the ability of workers to express their cultural heritage at the workplace.
2) employer's policy is not unlawful because all individuals, irrespective of their national origin, are required to speak English in the United States.
3) employer is much safer from a charge of national origin discrimination than an employer who only enforces the policy in certain areas and at certain times.
4) employer's policy is presumptively discriminatory according to the Equal Employment Opportunity Commission (EEOC).
Question 47 (4 points)
Under the Americans with Disabilities Act of 1990, employers are strictly prohibited from asking job applicants with disabilities about:
Question 47 options:
1) the different languages they can read, speak, or write.
2) past experience with workers' compensation.
3) their experience working with a certain age group.
4) skills they acquired in their previous jobs.
Question 48 (4 points)
Magda comes to work in clothes that are highly reflective of her national origin. This happens to violate the dress code of her workplace. After being politely asked to follow the office dress code several times by her supervisor, Magda is finally asked to return home and change into clothing that conforms to the company's dress code. Which of the following holds true if Magda decides to file a discrimination claim based on national origin?
Question 48 options:
1) The employer can defend the dress code if it can show that Magda's attire overlaps with her religion.
2) Magda has a claim under Title VII of the Civil Rights Act of 1964 for national origin discrimination because it guarantees her the right to freedom of cultural expression.
3) Magda's employer can defend the dress code because Title VII of the Civil Rights Act of 1964 does not require an employer to accommodate an employee's attire of national origin.
4) Magda has a claim under Title VII the Civil Rights Act of 1964 for national origin discrimination if she can prove that her attire does not encourage other employees to dress casually.
Question 49 (4 points)
An affirmative action plan under E.O. 11246:
Question 49 options:
1) prohibits termination of women or minorities, even if they cannot effectively perform the necessary elements of their job.
2) is developed without input or consent of the employer.
3) is a management tool—integral to conducting business.
4) interferes with the effective management of the business by mandating the hire of unqualified, inexperienced employees.
Question 50 (4 points)
The federal agency with primary responsibility for handling most employment discrimination claims under federal law is the:
Question 50 options:
1) Office of Federal Contract Compliance Programs (OFCCP)
2) Department of Justice (DOJ)
3) Equal Employment Opportunity Commission (EEOC)
4) Federal Civil Rights Agency (FCRA)
BUSI530 Week 4 Discussion 6
Discuss the four elements an employee must show to establish a claim of discrimination based on national origin.
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