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BUL6810 chapter 13 quiz

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Question;Question 1Leave under the Family and Medical Leave Act ispaid leave.unpaid leave.paid leave for 3 weeks and then unpaid.paid leave for 10 weeks and then unpaid.5 points Question 2How long must an employee have worked for an employer in order to be eligible for leave provided by the Family and Medical Leave Act?Two yearsTwelve monthsSix months120 days5 points Question 3What is the major provision of the Equal Pay Act of 1963?It mandates equal pay for equal work without regard to gender.It mandates equal pay for equal work without regard to gender or age.It mandates equal pay for equal work without regard to gender, race, or age.It mandates equal pay for equal work without regard to race.5 points Question 4Under federal law, individuals under the age _____ have no protection from discrimination based on age.405055605 points Question 5An employee may use the Family and Medical Leave Act forthe birth of a childthe care of a parenta serious personal health condition rendering the employee unable to do his or her job or the birth of a childthe birth of a child, the care of a parent, a serious personal health condition rendering the employee unable to do his or her job5 points Question 6Which of the following is true regarding India's discrimination protection?Indian anti-discrimination law has developed quickly since the implementation of the Indian Constitution.Because of strongly held citizen beliefs, the Indian government has not taken action in regard to the employment of lower caste members.The Indian Supreme Court recognized sexual harassment in the workplace as a personal injury to the affected woman and a violation of her fundamental human rights.While India has not indicated a significant interest in protecting the rights of women, the India Supreme Court issued a specific directive prohibiting age discrimination.5 points Question 7Which of the following is true regarding the filing of a claim under Title VII?There is no requirement that a claim be filed with the EEOC so long as a complaint is filed by a private lawyer within six months after the alleged unlawful employment practice occurred.Although there is not a requirement that a plaintiff first file a charge of discrimination with the EEOC, a plaintiff who does not file a charge may only recover back pay from the date a court action is filed.A plaintiff must file a charge with the EEOC, but the plaintiff may also personally institute a court action to run concurrently with the EEOC investigation.A plaintiff is required to file a charge with the EEOC, but in the event the EEOC does not pursue the matter, the plaintiff may proceed personally after receiving a right-to-sue letter from the EEOC.5 points Question 8Which of the following was the result in International Union United Automobile, Aerospace & Agriculture Implement Workers of America, UAW, v. Johnson Controls, Inc., the case referenced in the text before the U.S. Supreme Court involving a fetal-protection policy of an employer barring a woman from jobs involving exposure to lead unless her inability to bear children was medically documented?That the policy was a facially discriminatory policy forbidden under Title VII.That the policy was a facially discriminatory policy forbidden under Title VII unless the employer had documented proof that the exposure would likely harm a developing fetus.That the policy was allowable under Title VII unless the female employee had documented proof that the exposure would not likely harm a developing fetus.That the policy was allowable under Title VII so long as the employer had a good faith belief that the exposure would harm a developing fetus.5 points Question 9Miranda is a cashier at Super Store. Saturday is their busiest day. She tells her supervisor Sam that she needs to be off every Saturday because that is the religious holiday for the religion to which she has recently converted. What are Sam's obligations to Miranda?He has an absolute obligation under the law to let her off every Saturday unless he can prove that she is not using the time for religious observance.He cannot fire her based on her religious beliefs, but he has no duty to let her off on the busiest day of the week.Under the law, he must allow her to be off as requested, but only if she can establish that under the tenants of her religious beliefs she is doomed if she does not attend worship services regularly.He must make reasonable accommodations for her unless doing so would cause undue hardship on the business.5 points Question 10Which of the following is true regarding Japan's discrimination protection?The Japanese constitution does not address discrimination.Japanese statutory law prohibits discrimination on the basis of race and national origin.Japanese statutory law prohibits sex discrimination.Japanese law does not address employment discrimination in regard to hiring based on age.5 points Question 11Richard is starting a new security service. He tells his attorney, Kiera, that while he plans to prohibit all acts of discrimination and harassment, he cannot be all places at all times. Richard asks Kiera if there is anything he can do to limit his liability. What should she tell him?She should tell him that he has nothing to worry about because as long as he has a rule prohibiting harassment, he cannot be held liable for acts of supervisors.She should tell him that there is nothing he can do because under the law, he is automatically liable for any acts of harassment committed by supervisors.She should tell him that he should have a policy provided to all employees offering to correct any offensive conduct, and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help him avoid liability.She should tell him that he should take advantage of a loophole in Title VII that allows business owners to opt out of the harassment provisions of Title VII.5 points Question 12What did the U.S. Supreme Court rule in Ricci v. DeStefano, the case in the text involving whether an employer, due to fear of disparate impact discrimination litigation, may refuse to certify test results that would make a disproportionate number of white candidates eligible for promotion in comparison with minority candidates?That the employer had engaged in illegal disparate impact discrimination.That the employer had engaged in illegal disparate treatment discrimination.That the employer had acted appropriately because there was a credible threat of a lawsuit.That the employer had acted appropriately both because there was a credible threat of a lawsuit and because the employer had established, using objective facts, that such a lawsuit could not be afforded.5 points Question 13Sam, who is age 60, was told by Big Company that he was being laid off. Sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act. Sam believed that his age was a factor in the decision to lay him off, but he really needed the money, so he signed an agreement whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age discrimination. Sam was given seven days to consider whether to enter into the agreement, and the agreement provided that it was final the date it was signed. Did the agreement Sam signed comply with the Older Workers' Benefit Protection Act?No, because it did not give Sam at least twenty-one days to consider whether to enter into the agreement.No, because it did not give Sam s least seven days following execution of the agreement during which he could revoke it.No, because it did not give Sam at least twenty-one days to consider whether to enter into the agreement, and also because it did not give Sam s least seven days following execution of the agreement during which he could revoke it.Yes, it complied with the act.5 points Question 14What is the major provision of the Civil Rights Act of 1866 (Section 1981)?It prohibits racial discrimination by employers of over 50 employees in the making and enforcement of contracts, including employment contracts.It prohibits racial discrimination by employers of any size in the making and enforcement of contracts, excluding employment contracts.It prohibits racial discrimination by employers of any size in the making and enforcement of contracts, including employment contracts.It prohibits racial discrimination by employers of over 25 employees in the making and enforcement of contracts, including employment contracts.5 points Question 15Which of the following must the plaintiff prove in an Age Discrimination in Employment case?The plaintiff must prove by a preponderance of direct evidence that age was a motivating factor for the challenged employer decision.The plaintiff must prove by a preponderance of the evidence, which may be direct or circumstantial, that age was a motivating factor for the challenged employer decision.The plaintiff must prove by a preponderance of direct evidence that age was the but-for cause of the challenged employer decision.The plaintiff must prove by a preponderance of the evidence, which may be direct or circumstantial, that age was the but-for cause of the challenged employer decision.5 points Question 16What did the U.S. Supreme Court rule in Echazabal v. Chevron USA, Inc., in which the plaintiff sued under the Americans with Disabilities Act (ADA) after the defendant refused to allow the plaintiff to work in its refinery because of his liver disease and concerns regarding his health?The Court ruled that under the ADA an employer is authorized to refuse to hire an individual if the individual's performance on the job would endanger his or her own health owing to a disability.The Court ruled that under the ADA an employer is only authorized to refuse to hire an individual if the individual's performance on the job would in any manner endanger another employee's health.The Court ruled that under the ADA an employer is only authorized to refuse to hire an individual if he or she has a communicable disease.The Court ruled that under the ADA an employer may not take into consideration a health condition that would present a problem to the applicant or others. The employer may only consider whether the applicant has the skills to do the job.5 points Question 17Sam, who is age 60, was told by Big Company that he was being laid off. Sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act. Sam believed that his age was a factor in the decision to lay him off, but he really needed the money, so he signed an agreement whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age discrimination. Sam was given seven days to consider whether to enter into the agreement, and the agreement provided that it was final the date it was signed. Does Sam have any rights to sue Big Company for age discrimination?No.Yes, because although the agreement complied with the Older Workers' Benefit Protection Act, Sam has six months in which to renounce the agreement and sue for age discrimination.Yes, because the agreement did not comply with the Older Workers' Benefit Protection Act, Sam can sue the company for age discrimination but only if he returns the severance payment.Yes, because the agreement did not comply with the Older Workers' Benefit Protection Act, Sam can sue the company for age discrimination without having to return the severance payment.5 points Question 18Which of the following is generally true regarding front pay in discrimination cases?It is a substitute for back pay.It is equal to one-half the back pay amount.It is a substitute for back pay and is generally awarded in addition to reinstatement.It is equal to what the employee would have received had he or she not been discharged and is generally awarded when reinstatement is inappropriate.5 points Question 19Sneaky opened a new dress shop catering to college aged students. Sneaky advertised for sales associates but would only hire applicants who had been trained in computer skills in high school. Sally, age 50, was denied employment on the basis that although she was highly skilled in computer usage, she obtained her training after high school. Computer training was not available in Sally's high school nor was it typically available in high schools during that time period. Sally sued for age discrimination. Sneaky denied liability pointing out that his advertisement only referred to computer training. It in no way referenced an age requirement. Sneaky claimed that the fact that all his associates were younger was simply a coincidence. Which of the following is true regarding Sally's claim?Sneaky should win because he was entitled to require high-school based computer training.Sneaky should win unless Sally can obtain evidence that Sneaky intentionally used the requirement to discriminate based upon age.Sally should win under a disparate treatment theory if she can show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act.Sally should win under a disparate impact theory if she can show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act.5 points Question 20In quid pro quo sexual harassment cases and hostile environment cases, the employer is always vicariously liable under the ______ standard when a supervisor takes a tangible employment action against a subordinate.negligence-in-support-relationaided-in-the-agency-relationfederal-directiveassisted-in-the-creation

 

Paper#59188 | Written in 18-Jul-2015

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