Blaw Exam 1 Review

stare decisis

"to stand on decided cases"; practice of deciding new cases with reference to precedent from previous cases

When is a seniority system a defense to a charge of discrimination under Title VII?

(1) the system applies equally to all persons (2) the seniority units follow industry practices (3) the seniority system did not have its genesis in discrimination (4) the system is maintained free of any illegal discriminatory purpose.

How does a plaintiff in an action under the Age Discrimination in Employment Act establish a prima facie case of age discrimination involving a termination?

(1) Belongs to the statutorily protected class (those age 40 or older) (2) Was qualified for the position held (3) Was terminated under circumstances giving rise to an inference of discrimination

Set forth the definition of sexual harassment stated by the EEOC and accepted by the U.S. Supreme Court.

(1) Unwelcome sexual advances (2) Requests for sexual favors (3) Other verbal or physical conduct of a sexual nature that A. Implicitly or explicitly makes submission a term or condition of employment B. Makes employment decisions related to the individual dependent on submission to or rejection of such conduct C. Has the purpose or effect of creating an intimidating, hostile, or offensive work environment. p. 1018

Common Law

- The earliest version of law - Laws adopted when US was a part of Britain - Applies principles and precedents through different but was never record

seniority system

A system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off if the workforce must be reduced.

In the area of employee testing, which of the following isolates some skill used on the job and directly tests that skill? A. Content validity B. Criterion-related validity C. Construct validity D. Performance validity

A. Content validity

Implied Agent Authority

An agent's power to act on behalf of a principal, intentionally granted by the principal as a result of the principal's conduct, but without an express agreement

Apparent Agent Authority

Authority that is only apparent, not real. Arises when the principal causes a third party to believe that the agent has authority, even though she or he does not.

What are the 4 sources of law?

Constitutions, Statues, Administrative law, Common Law

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act? A. 60 B. 50 C. 45 D. 40

D. 40

What are the two types of actual authority? Choose 2 answer choices.

Implied authority Express authority

in personam jurisdiction

Jurisdiction when a person/business is in their geographical area

in rem jurisdiction

Jurisdiction when property is in their geographical area

IRCA and the Immigration Act

Most important laws governing immigration and employment are the...?

Finally, George, who had undergone knee surgery, asked that Prudence put in another elevator near his work station. Prudence explained that his office could be moved nearer to the existing elevator, but George told her that under the Americans with Disabilities Act, she did not have the right to dictate to him when his doctor said that he should not be climbing stairs. Nevertheless, Prudence denied his request for a second elevator. 26.) Does Prudence ABC Corporation have any duty to provide George with a second elevator, assuming George can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability?

No, ABC Corporation will likely not be required to put in the second elevator because George can move his workstation, and putting in a second elevator would probably be an undue hardship on the employer.

PDA

The Pregnancy Discrimination Act of 1978 is a United States federal statute. It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy.

How would a customer preference for women attendants in the women's restroom or locker room be judged under employment discrimination?

The gender preference could be a BFOQ.

You and a friend are taking a road trip during summer break and decide to stop for lunch. You choose your favorite fast food restaurant. You both order a burger, fries, and a soft drink and chow down. In the afternoon, as you are continuing your journey, both of you begin to feel stomach cramps. They get worse so you decide to go to an urgent care clinic. The doctor there diagnoses you both with food poisoning and prescribes medication. You fill the prescription, check into a hotel, and experience several days of agony. You later discover the cook at the restaurant undercooked the beef in your burger, which caused your food poisoning. You sue the restaurant. Is the restaurant liable to you or is only the employee liable?

The restaurant is liable.

Who can terminate an agency relationship?

-Either the agent or the principal may terminate.

In which situation does an agent have the least exposure to liability?

-Fully disclosed principal

The role of the Equal Employment Opportunity Commission (EEOC) is to: (Choose 3 answers.)

1. investigate charges of discrimination against employers. 2. file a lawsuit to protect the rights of individuals and the interests of the public. 3. fairly and accurately assess the allegations in a charge of discrimination and make a finding.

The Equal Pay Act forbids: (Choose 3 answers.)

1. paying one gender a different amount for the same work. 2. denying an employee insurance or other benefits based on gender. 3. refusing to pay or issue pension benefits due to the employee's gender.

Age that is protected from discrimination

40

tangible employment action

A significant change in employment status or benefits, such as occurs when an employee is fired, refused a promotion, or reassigned to a lesser position.

What is the first step a plaintiff would establish in order to prove disparate-treatment employment discrimination under Title VII? A. The plaintiff would demonstrate a prima facie case of discrimination. B. The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext. C. The plaintiff would complain to the Equal Employment Opportunity Commission. D. The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused.

A. The plaintiff would demonstrate a prima facie case of discrimination.

Which title of the Civil Rights Act of 1964 deals with discrimination in employment? A. Title VII B. Title VI C. Title V D. Title IV

A. Title VII

Which of the following is not available as a remedy under Title VII? A. Up to three years of back pay B. Attorney fees C. Remedial seniority D. Reinstatement

A. Up to three years of back pay

What is Constructive Discharge?

An employee could claim constructive discharge if they go through a job demotion for a reason other than their performance. For example, a manager may demote their employee if they get along more with another employee or if they don't agree with something an employee did outside of work on their personal time.

Whistleblowing

An employee's disclosure to government authorities, upper-level managers, or the media that the employer is engaged in unsafe or illegal activities.

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee?

An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee, yet the employer does nothing to remedy the situation.

bona fide occupational qualification (BFOQ)

An identifiable characteristic reasonably necessary to the normal operation of a particular business. Such characteristics can include gender, national origin, and religion, but not race.

Which of the following is the most important distinction between employee status and independent contractor status?

An independent contractor controls the details of his or her day-to-day work activities.

Which of the following is the term for the concept that an employee may be fired for no reason at all? A. Fire-at-will B. At-will employment C. No-reason-firing D. Without-reason-firing

B

Does ABC Corporation have any duty to provide Keanu with a second elevator, assuming Keanu can establish that he is covered under the Americans with Disabilities Act based on an actual physical disability? A) Yes, ABC Corporation must grant Keanu's request regardless of cost, since Keanu is covered under the act with an actual physical disability. B) No, ABC Corporation will likely not be required to put in the second elevator because Keanu can move his workstation, and putting in a second elevator would probably be an undue hardship on the employer. C) No, ABC Corporation will likely not be required to put in the second elevator because under the act, an employee is not supposed to ask for any accommodation from the employer. D) No, ABC Corporation is not required to accommodate Keanu unless the act until his doctor certifies that he has reached maximum medical improvement and will not get any better.

B) No, ABC Corporation will likely not be required to put in the second elevator because Keanu can move his workstation, and putting in a second elevator would probably be an undue hardship on the employer.

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class? A. Disparate-treatment cases B. Disparate-impact cases C. Sexual harassment cases D. Quid pro quo cases

B. Disparate-impact cases

to act in good faith in all matters

Best way to act ethically?

Where do the funds to pay out workers' compensation claims come from?

Business contributions to a state held fund

How do agency relationships affect businesses and the business world? Choose 2 answer choices.

Businesses can grow by hiring employees. Workers can specialize and become experts.

Which of the following is true regarding whether an employer may be held liable under Title VII for sexual harassment of an employee by a nonemployee? A. An employer cannot be held liable in such cases because the employer has no control over the nonemployee. B. An employer is liable as a matter of law in such cases because an employer has an absolute duty to provide a work environment that is free of harassment. C. An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee, yet the employer does nothing to remedy the situation. D. An employer may only be held liable in such cases if quid pro quo harassment is involved.

C. An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee, yet the employer does nothing to remedy the situation.

Which of the following is the difference between the amount of money the plaintiff earned since the discriminatory act and the amount of money she or he would have earned had the discriminatory act never occurred? A. Front pay B. Statutory pay C. Back pay D. Mandated pay

C. Back pay

Which of the following is not a defense available to employers charged with age discrimination under the Age Discrimination in Employment Act? A. The operation of a bona fide seniority system B. That decisions are based on reasonable factors other than age C. The qualified but aged defense D. The executive exemption

C. The qualified but aged defense

Corporate Social Responsibility

Corporate takes all stakeholders into account and that they should act ethically and be accountable to society for their actions

In states that do not have state EEOCs, the aggrieved party must file the charge with the federal EEOC within ______ days of the alleged discriminatory act. A. 30 B. 60 C. 90 D. 180

D. 180

disparate-impact discrimination

Discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect.

Which of the following is the study and practice of decisions about what is good or right? a. Morals b. Ethics c. Consequences d. Law e. Business

Ethics

The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.

F

Title VII does not apply to the overseas operations of American firms.

F

Unemployment Law

FUTA created a state administered system that provides unemployment compensation to eligible individuals

True or False? A state statute, known as Sarbanes-Oxley, was enacted to closely monitor the financial dealings and disclosures of firms

False

The Equal Protection Clause applies to which parties?

Governmental employers.

Another employee, Trevor, asked for a private office. Trevor had been significantly burned. Prudence asked him why he needed a private office. Trevor replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he were disabled. Prudence denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. 24.) Which of the following is true regarding whether Trevor is covered under the act?

He would likely be covered under the act because he is regarded as having an impairment regardless of whether he actually has any impairment.

Abbie Haneef works as a secretary at BuildingCo, a large construction company that specializes in government contracts. Abbie is in charge of reviewing the invoices that BuildingCo sends to the state of Vermont regarding the construction of a new facility for the state's department of transportation. Abbie discovers that BuildingCo managers have been illegally overcharging the costs of time and materials in their invoices to state officials. Abbie tells her co-worker Zuki Mori about the overcharges during a lunch break and suggests that they should be fixed. Two weeks later, Abbie is abruptly fired by her immediate supervisor. Assuming that her termination was because of her disclosures to Zuki, did BuildingCo legally terminate Abbie?

Identifying the Facts and Issues Employment at will does give employers broad discretion to hire and fire their employees and does not require employers to give an employee sufficient notice before the employee is discharged. The most common exception to the employment at will doctrine is the exception based upon public policy . The public policy exception may apply to an employee discharged for whistleblowing. Assessment question Abbie did speak about illegal activities by her employer. Abbie did not report her findings of illegal overbilling to government authorities, upper-level managers, or the media. Abbie is not a whistleblower under the law because she did not report activity to the necessary individuals or entities. . Assessment question BuildingCo can legally fire Abbie in this case. Assessment question What If the Facts Were Different? Assume now that Abbie reported her findings to the local television news. Abbie has met the legal requirement of a whistleblower because she both reported illegal activity and reported activity to the necessary individuals or entities . Assessment question The fact that Abbie is an employee at will does not impact the legality of the decision. Abbie can seek redress based on grounds of the public policy exception to employment at will and the Whistleblower Protection Act . BuildingCo executives should have reported it to the state and punish the managers who committed wrongdoing when they learned of the overbilling from Abbie.

Brandt Crossing Investments, Inc., was a family-owned property investment organization, investing in undeveloped properties when prices were low and then selling them when prices went up. Among its holdings, Brandt Crossing owned fifty acres of undeveloped land next to another fifty acres of undeveloped land owned by Khloe Hadid. Carter Rios, property manager for Brandt Crossing, approached Hadid and offered to purchase her fifty acres "for Brandt." Hadid sold the property for $50,000. Within one year, Brandt Crossing sold its 100 acres, including the property bought from Hadid, to a developer for $1,000,000. Richard Brandt, a 5% owner of Brandt Crossing Investments and an old high school acquaintance of Hadid, saw her at the mall and told her of the recent sale. Furious that she had lost out on the income and convinced that Rios had misled her, Hadid sued Richard Brandt for the acts of his agent, Rios. Hadid argued that the facts were sufficient to create an agency by estoppel to impose liability on Richard Brandt.

Identifying the Facts and Issues Hadid's theory for holding Richard Brandt personally liable for Rios's actions is that Richard Brandt created a reasonable belief that Rios was Brandt's agent in doing the activity, thus creating agency by estoppel . Hadid believed that Rios was Richard Brandt's agent because Brandt told her about the sale to the mall . The second basis for Hadid's belief that Rios was Richard Brandt's agent was that Rios told Hadid that he was doing the work for "Brandt" . In purchasing the land, Rios was actually acting as an agent for Brandt Crossing Investments Inc For the alleged type of agency to exist, it does not matter what the assumed agent said or did to create the belief in the agency. Whether a court finds that an agency relationship exists depends on whether Hadid's belief that an agency agreement existed was reasonable and created by Richard Brandt . In addition to this reliance, the third party must act to his or her detriment in reliance on the belief of the agency relationship. It is possible that Hadid sold the property because Rios mentioned "Brandt," and she believed that was Richard Brandt. If Hadid did believe that Rios was talking about Richard Brandt, then any indication that an agency relationship between Richard Brandt and Rios existed came from Rios . Because Richard Brandt did not say or do anything prior to the sale of the land, the belief in the agency agreement was not created by him, and Hadid could not have relied on that belief. The court should dismiss the claim against Richard Brandt. What If the Facts Were Different? Assume that Mr. Brandt had seen Ms. Hadid at a party a few weeks before Rios approached her about buying the land. At that party, Brandt and Hadid chatted briefly about her possible interest in selling the land. At that time, Mr. Brandt told her, "I have a man I will send to your place to talk about the sale. He buys land for me as investments." In reality, Rios works for Brandt Crossing Investments, Inc., and not for Richard Brandt personally, but Mr. Brandt was trying to impress Ms. Hadid. Later, Rios does go to Ms. Hadid and buys the property, which quadruples in value over the next few years and is sold to the mall, making a profit for Brandt Crossing Investments, Inc. Hadid sued Mr. Brandt for the actions of his agent in misleading her about the value and contract terms of the sale of the land. Under these facts, Rios is an actual agent for Brandt Crossing Investments, Inc. , and Ms. Hadid met with Mr. Rios believing that he was an agent of Mr. Brandt . Ms. Hadid's belief under these circumstances was based on the language of Mr. Brandt in a conversation occurring before the sale of the property. Assessment question Under these facts, it is likely that a court would hold that Ms. Hadid's belief was reasonable and that it was caused by Mr. Brandt . It is likely that a court would hold that agency by estoppel existed, and a cause of action against Mr. Brandt could be sustained.

IDDR

Inquiry, Discussion, Decision, Review

A state passes a law requiring all police officers to be of a certain height. Some women challenge the law under the Equal Protection Clause because the average height of women is shorter than that of men. What standard would the court use to make a decision?

Intermediate scrutiny.

affirmative action

Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination.

long arm statute

Jurisdiction used for non residents/parties are based on minimum contracts with a state

What are the best remedies for wrongful termination in the case of someone who found another job three months after being fired? Choose 2 answer choices.

Lost benefits Lost wages.

The 1935 act that protects workers' rights to form and join unions for collective bargaining is called the:

National Labor Relations Act (NLRA).

27.) Will Samantha, Trevor, and George be able to go directly to federal court with claims against ABC Corporation?

No, Samantha, Trevor, and George must all first file a charge with the EEOC or with an appropriate state agency, and they will not be allowed to proceed in federal court without doing so.

Power of Attorney

Permission for another to act as one's agent. (Ex: elder giving son power over their house)

Which of the following are the categories protected by Title VII?

Race, color, religion, sex, and national origin

An employer reacts to an employee's report of a Title VII violation by cursing and making offensive jokes about that employee and moves the employee to another department. What part of Title VII could apply? Choose 2 answer choices.

Retaliation. Hostile work environment.

Roland and Alfreeda enter into a written agency agreement in which Alfreeda will represent Roland as his agent to obtain acting jobs for Roland. No termination provisions are included in the written agreement. If Roland wishes to terminate his agreement with Alfreeda:

Roland must do so in writing because the agency agreement is in writing.

Why are seniority systems beneficial? Choose 2 answer choices.

Seniority systems encourage employee loyalty to the employer. Seniority systems are a defense to employment discrimination. As a result, the employer would have fewer related legal issues.

Harris v. Forklift Systems, Inc.

Supreme Court ruled that in a sexual harassment case the plaintiff does not have to prove concrete psychological harm to establish a Title VII violation.

rule-making, enforcement, and adjudication

The 3 most basic functions of most agencies?

What is EPA and what does it do?

The Environmental Protection Agency protects people and the environment from significant health risks, sponsors and conducts research, and develops and enforces environmental regulations. EPA will eliminate or significantly reduce penalties for small businesses that voluntarily discover violations of environmental law and promptly disclose and correct them. This Policy implements section 223 of the Small Business Regulatory Enforcement Fairness Act of 1996.

What is FSLA and what does it do?

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

What are the main provisions of the Immigration Reform and Control Act (IRCA) enacted in 1986? Choose 2 answers.

The IRCA made it illegal to hire, recruit, or refer for a fee someone not authorized to work in the United States. The IRCA provided amnesty to certain groups of immigrants living illegally in the United States at the time.

What is the main provision of the Immigration Act of 1990?

The Immigration Act of 1990 placed caps on the number of visas (entry permits) that can be issued to immigrants each year.

Which act is violated if an employer refuses to provide health insurance to pregnant females due to the increased cost associated with their pregnancy?

The Pregnancy Discrimination Act

What is required to form an agency relationship?

The agent and principal must agree to enter the relationship.

sexual harassement

The demanding of sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive that it creates a hostile working environment.

Which of the following scenarios illustrates a business world without agency relationships?

The owner prepares the tax returns.

What is the first step a plaintiff would establish in order to prove disparate-treatment employment discrimination under Title VII?

The plaintiff would demonstrate a prima facie case of discrimination.

What does agency by ratification require? Choose 2 answer choices

The principal affirms the agent's entire act, not just a portion. The principal must have the legal capacity to contract.

What is the key factor in apparent authority?

The principal's actions

How does a principal become liable to third parties on contracts?

The principal's agent has the authority to bind the principal in a contract with a third party.

I-9 Verification

The process of verifying the employment eligibility and identity of a new worker. It must be completed within three days after the worker commences employment.

Remedy

The relief given to an innocent party to enforce a right or compensate for the violation of a right (usually involving money)

Oncale v. S

Title VII

What is Title VII and what does it do?

Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.

It is usually more difficult to prove disparate impact, as opposed to disparate treatment, in regard to violations of Title VII.

True

True or False? The rights given to employees, unions, and employers under law are all protected by the NLRB.

True

If Connie turned her company in for not complying with environmental regulations she would be a(n) _____________. a. Whistleblower b. COBRA c. ERISA d. At-Will Employee e. Member of a Labor Union

Whistleblower

an administrative law judge while also having no provision for juries

Who are agency courts directed by?

What is OSHA and what does it do?

With the Occupational Safety and Health Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education and assistance.

25.) Does Prudence (ABC Corporation) have any duty to provide Trevor with a private office?

Yes, ABC Corporation would absolutely have to provide Trevor with a private office.

Isaiah wants to build a new shopping complex. He is afraid that once news gets out about his plans, the price of the land where he wants to build the shopping complex will increase in price. Isaiah, therefore, hires Landon to purchase the parcels of land for him and to keep the fact that Landon is working for Isaiah a secret. Landon enters into a written contract for the sale of the land with Miriam and does not tell Miriam that Landon is an agent for anyone else on the deal. Isaiah refuses to buy the property from Miriam. Is Landon obligated to perform the contract with Miriam?

Yes, he is because there was an undisclosed principal who failed to perform.

Is a principal under a duty to compensate an agent who works on the principal's behalf?

Yes, if the contract requires compensation

Lockouts

a company tool to fight union demands by refusing to allow employees to enter its facilities to work

Default Judgment

a judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim

Frolic

a major departure when the employee is acting on his own and for his own benefit (stopping for a drink and then wrecking)

Harris v. Forklift

abusive work environment

Administrative Law

body of rules, regulations and decisions created by administrative agencies

Employee at Will

choose to terminate employment at any time. Employers can do the same to them w reason or no reason at all

The Civil Rights Act of 1964 applies to:

companies with 15 or more employees.

International law

concerned with conduct of nations in their relations with other nations

Criminal Law

concerned with the acts against society and the regulation of criminal activity rules governing relationships between individuals and society

Precedent

court decision on which later courts rely in similar cases. Decisions in supreme court must be followed by other courts When courts follow and apply principles from previous cases to current court cases

Reporter

court decisions are published in these books

Critical Thinking

courts reasons and conclusions

Agencies

created by legislatures and make their own rules which have the legal force of statutory law. (ex: IRS)

Ripeness

current controversy worthy of adjudication must exist before a court before a case

Taft-hartley 1947

curtail some powers the unions had after wagnor

Substantive v. Procedural

define, describe, regulate and create legal rights and obligations

Under the UCC, an order by a drawer to a drawee to pay a payee is known as a ______

draft

Which of the following is false regarding a general partnership? a. Its easy to create b. Income of the business is personal income c. Business losses can be deducted from taxes d. The partners are considered agents of the partnership. e. In most cases, partners do not have personal liability for losses.

e. In most cases, partners do not have personal liability for losses

Diversity of Citizenship Jurisdiction

federal court jurisdiction over a lawsuit between citizens of different states (or even involving a U.S. citizen and a citizen of a different country)

Employers are not required to make accommodations for employees:

if that accommodation causes an undue hardship on the business.

Collective Bargaining

negotiate contracts with their employers to determine their terms of employment, including working hours and workplace conditions

Alternative Dispute Resolution (ADR)

resolving disputes without going to court

disparate impact discrimination

results from certain employer practices that have a discriminatory effect but are unintentional

Green Cards (I-551 Permanent Resident Card)

shows that a foreign born individual can legally work in the United States.

What is the Uniform Commercial Code?

started as a farming nation with no commerce between states, conflicts when trade between states increased, solution to problem, prepared in 1952 and in 15 yars all 50 states adopted UCC as state law, govern various commercial transactions and designed to uniform state law.

Benjamin works for The Cabinet Maker, a large manufacturing plant that makes ready-to-hang cabinets for the kitchen and bath. Benjamin is running a table saw that cuts wood into strips to make a cabinet. As Benjamin loads wood onto the conveyer belt, he slips on the concrete floor and falls into the table saw. Benjamin's face and arms are severely injured by the table saw, and he is rushed to the hospital. Benjamin's injuries are so severe that he is admitted to the hospital for four days. The Cabinet Maker must file a report of Benjamin's work-related injury with the Occupational Safety and Health Administration (OSHA) within:

twenty-four hours.

How much time off does the Family and Medical Leave Act (FMLA) provide?

up to 12 weeks of unpaid time off

Which of the following is not available as a remedy under Title VII?

up to three years back to pay

Actual Agent Authority

where the principal gives the agent legal permissions to act on the principal's behalf.

Interrogatories (Discovery)

written questioning under oath

NLRB

agency to formed to interpret and enforce the national labor relations act

Onida is an employee at Kale's Manufacturing Company. The company makes bicycle tires, and Onida's job is to inspect the inner tubes before they are inserted into the tires. She recently noticed that the inner tubes are thinner than the safety specifications require. Onida tells her supervisor, Tom, about the problem, and is instructed to ignore it because these thinner tubes save the company money. Onida cannot ignore this problem in good conscience, so she tells Tom that if he is not going to report the problem, she will. Tom then fires Onida. Kale's Manufacturing Company is in an employment-at-will state. If Onida brings a lawsuit for wrongful termination, she will likely:

be successful because she was fired for an unlawful reason.

invasion of privacy

disclosing persona, irrelevant information about a former employee

privacy with technology

do not have privacy with company email, they don't have to warn or tell

Union Creation

formed after employees sign an authorization card, stating that why wish to have a certain union.

Landrum griffin

governs internal operations of labor unions

workman's compensation

insurance that provides that employees may recover damages for work related injuries

The system in which an employer pays her employees an amount based on how well they do their jobs, regardless of gender, is called:

merit.

Title VII of the Civil Rights Act

most important statute covering employment discrimination. Prohibits both intentional and unintentional discrimination against employees, applicants, and union members on the basis of race, color, national origin, religion.

Motion for Summary Judgement

motion requesting the court to decide without a trial. Rarely granted but can be done if no facts are in dispute. (no jury)

Citation

names of parties, volume number, name of reporter, beg. page number

NLRB (National Labor Relations Board)

one of the foremost statutes regulating labor. This act established the right for employees to engage in collective bargaining and to strike.

Negotiation (ADR)

parties attempt to settle the dispute informally, with or without attorneys

Mediation (ADR)

parties use a NEUTRAL third party who acts as a communicating agent between parties and helps them in negotiating a settlement

Sexual Harassment (2 types)

quid pro quo & hostile work environment

FLSA

sets standard for minimum wage and age

Sexual Harassment

the demanding of sexual favors in return for a job

Mateo is sixteen years old and just got his first job bagging groceries at Harry's Market, a local grocery store. During the school year, Mateo works limited hours after school and on the weekends. Now that school is out, Harry's Market increases Mateo's hours to six days a week and eight hours a day. Mateo's mother Isabel is concerned about Mateo working such long hours. She knows there is a federal law, the Fair Labor Standards Act (FLSA), that protects children from working long hours and too many days per week. When Isabel raises the issue with Mateo's supervisor, Mateo's supervisor explains to Isabel that:

under the FLSA, children who are sixteen or seventeen years old may work unlimited hours as long as they work in nonhazardous jobs.

Strikes

when collective bargaining fails and workers leave their jobs refuse to work and (typically) picket the employers workplace

Reasons to indicate Employee or Independent Contractor

- Taxes - Wages - Compensation Benefits - Unemployment Benefits - Social Security Obligation - Ability to sue under employment laws - Liability for negligence/actions -Contractors aren't under employer supervision or control

Is a principal liable for the tortious actions of the principal's agent?

-No, only the agent is liable for the agent's torts. x-Yes, but only if the principal authorized the tortious conduct. -Yes, but the agent must reimburse the principal. -No, unless the principal authorized the tortious conduct.

Employers must make which of the following to accommodate the religious practices of employees?

A reasonable accommodation

constructive discharge

A termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave.

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class? A. Disparate-treatment cases B. Disparate-impact cases C. Sexual harassment cases D. Quid pro quo cases

B. Disparate-impact cases

Which of the following is provided to a plaintiff if the EEOC decides not to sue on behalf of the plaintiff? A. A termination of claim letter B. A reinstatement letter C. A right-to-sue letter D. A delineation letter

C. A right-to-sue letter

True or False? A state statute, known as Sarbanes-Oxley, was enacted to closely monitor the financial dealings and disclosures of firms.

False. Sarbanes-Oxley is a Federal Statute, not state.

The concept of at-will employment excludes the concept that an employee may quit at any time.

Fasle

Exhaustion Rule applicable to agency decisions

a person challenging an agency decision must first pursue the agency's available remedies before seeking judicial review.

Wagnor act 1935

adopted to encourage the formation of labor unions and provide collective bargaining between employers unions

Case Law

effects court decisions that involve same or similar facts, known as common law

disparate treatment discrimination

results when employees from protected groups are intentionally treated differently

Laws

rules governing relationships among individuals and between individuals and their society.

Quid Quo Pro

something given in exchange or return for something else

Constitutional Law

study of federal constitution by federal courts and relationship to existing laws Federal & State Constitutions

FMLA

take up to 12 weeks of unpaid leave, 50 or more employee, 1250 hours in previous year

Which act is violated if an employer refuses to provide health insurance to females due to the cost of pregnancies?

the Equal Pay Act

Teresa Harris v. Forklift Systems, Inc.

-president of company repeatedly insulted her due to her gender and made sexual innuendos -plaintiff complained, he continued, she quit -plaintiff filed for creating an abusive work environment based on gender -district court favored the defendant, court of appeals affirmed *US Supreme court REVERSED and REMANDED

What rights do both general partners and limited partners share? Choose 2 answers.

1. Both general and limited partners share in the profits of the business. 2. Both general and limited partners may inspect the partnership records and books.

What are the different types of decisions?

1. Remand 2. Reverse 3. Summary Judgement 4. there are more...

If an employee has proven an unfair pay disparity between males and females, what defenses may the employer use? Choose 3 answers.

1. The pay disparity is based on any factor other than gender. 2. The pay disparity is based on merit or output. 3. The pay disparity is based on seniority, not gender.

What categories are protected by the Equal Employment Opportunity Commission (EEOC)? Choose 3 answers.

1. genetic information 2. national origin 3. gender identity

Under the Civil Rights Act of 1964, which of the following are illegal if applied to a member of a protected class? Choose 2 answers.

1. hostile environment and retaliation 2. disparate treatment and disparate impact

Which amendments to the U.S. Constitution are the primary source of equal protection provisions in employment law? Choose 2 answers.

1. the Fifth Amendment 2. the Fourteenth Amendment

prima facie case

A case in which the plaintiff has produced sufficient evidence of his or her claim that the case will be decided for the plaintiff unless the defendant produces evidence to rebut it.

business necessity

A defense to an allegation of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance.

disparate-treatment dicrimination

A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.

protected class

A group of persons protected by specific laws because of the group's defining characteristics, including race, color, religion, national origin, gender, age, and disability.

What rules are included in an agent's duty of loyalty? Choose 2 answer choices.

An agent cannot share or use confidential information. An agent cannot secretly deal with the principal.

EPA

Congress must approve the statute and they also have the power to authorize or prohibit certain actions, which the EPA has to implement and enforce.

Which of the following was decision of the appellate court in Crystal Dixon v. University of Toledo, the case in the text in which the plaintiff alleged a violation of the Equal Pay Act? A. That the defendant was entitled to a judgment in its favor because a claim under the Equal Pay Act cannot be based on a male successor's pay rate. B. That the defendant was entitled to a judgment in its favor because Title VII subsumed the provisions of the Equal Pay Act, and the plaintiff was required to name Title VII in her complaint. C. That the defendant was entitled to a judgment in its favor because it established that the plaintiff was fired for cause. D. That the plaintiff correctly made out her prima facie case by alleging the wage differential between her pay at termination and her successor's pay at the onset of his new position.

D

An employer requires a college degree to work in any position in the company. What part of Title VII could apply?

Disparate treatment.

What are three ways that state workers' compensation claims are funded? Choose 3 answers.

Employers pay into a state-run insurance plan, and claims are paid by the insurance. Employers are self-insured and pay claims out of company funds. Employers pay into a privately-run insurance plan, and claims are paid by the insurance.

Priorities of Law? (Highest to lowest)

Federal Constitution Federal Statutes State Constitution State Statutes Local Ordinances Conflict Order of precedence

FLSA (Fair Labor Standards Act)

Federal law that establishes a minimum wage and requirements for overtime pay (1.5x) and child labor

Heather is an artist and has several watercolors she would like to sell. Heather orally asks Rylee to sell the paintings for her and directs Rylee that each painting should be sold for at least $100. Rylee schedules a showing in her art gallery to display Heather's paintings. On the day of the showing, a customer offers to buy one of the paintings for $100, and Rylee accepts. When Heather finds out the price the painting sold for, she tries to get the painting back from the customer. Heather claims that she and Rylee did not have a written agency agreement, and, therefore, an agency relationship did not exist between them. Is Heather correct?

No, most agency agreements do not have to be in writing to be effective.

What is the UCC?

The Uniform Commercial Code (UCC) is a set of business laws that regulate financial contracts and transactions employed across states. The UCC code consists of nine separate articles, each of which covers separate aspects of banking and loans

employment discirmination

Unequal treatment of employees or job applicants on the basis of race, color, national origin, religion, gender, age, or disability; prohibited by federal statutes.

You are an experienced server and have worked at many restaurants. An English pub is opening in town and is seeking waiters and waitresses. You are interested in applying, but the job description states, "Seeking people of British nationality only." Even though you are not British, you apply for the job. You are invited to an interview. While there, the restaurant manager thanks you for your interest, but says she will not hire you because you are not British. The manager explains she wants to hire British servers because, in her opinion, they will best portray the theme of the restaurant as an authentic English pub. Has the restaurant violated any anti-discrimination laws?

Yes, the restaurant has discriminated on the basis of national origin.

FMLA requires employers covered by the act to: (Select 2 answers)

allow the qualified employee to continue on the workers' health insurance plan provided by the company. provide up to 12 weeks of unpaid leave in one year for qualified employees.

How may an agency relationship be formed? Choose 3 answers.

by express oral agreement between agent and principal implied by the conduct of the principal by express written agreement between agent and principal

Whistle Blower

employee who discloses to the government, media or upper management

FMLA applies to:

employers with 50 or more employees.

Bernard and Hilda have both worked for Home Refinance Inc. for many years. Bernard has been with the company for fifteen years, and Hilda has been with the company for nine years. Both Bernard and Hilda are loan managers for the company, so they perform the exact same duties. Hilda discovers that Bernard's salary is twenty percent higher than hers. She cannot believe that she is paid less for the same job just because she is a woman. If Hilda sues the company over the disparity in pay, Hilda's lawsuit will likely:

fail if Home Refinance can prove the difference in pay is due to Bernard's seniority.

OSHA (Occupational Safety and Health Act)

federal law requires that employers provide their employees with safe working conditions

Statutory Law

field of law involving statutes, which are passed by congress or state legislature,

The National Labor Relations Board (NLRB) has the authority to: (Choose 3 answers.)

file complaints against employers in response to charges of unfair labor practices brought by employees. investigate employees' charges of unfair labor practices. issue a cease-and-desist order.

Negligent misrepresentation

is when a person does not lie directly (saying something knowing it to be untrue), but has made a statement about a subject with no reason to believe it to be fact.

OSHA

maintain records of employee work related accidents and sickness and post data every February, penalties can reach 500,000 plus prison

What are the 3 forms of ADR?

mediation, collaboration, and arbitration

Schools of Jurisprudence

natural law, legal positivism, historic school: tradition, legal realism

If harm is done by an agent, and it is discovered that this agent has been convicted of the same harm before at a previous job, what might a principal be liable for?

negligent hiring

Marlo is about to be transferred overseas and wants to sell her house. Julianna, who is not a real estate agent, offers to sell the house for Marlo for free. Marlo jumps at the chance to get such a valuable service for free! Because Julianna offered to sell the house for free, Julianna owes Marlo:

no duty to sell the house, but if Julianna does attempt to sell the house, she owes Marlo the duty to use reasonable diligence and skill in performing the task.

What are the fiduciary duties of an agent to her principal? Choose 3 answers.

obedience accounting loyalty

Constructive Discharge

occurs when an employee resigns as a result of the employer creating a hostile work environment

Deposition (Discovery)

oral questioning under oath (pre-trial)

Title VII

outlaws discrimination based on race, color, religion, sex, or national origin

Defendant

party against whom law suit is brought and from whom recovery is sought or who is charged with violation of the law

Plaintiff

party who begins a lawsuit by filing a complaint in the appropriate court

Arbitration (ADR)

settling of a dispute by a third party (other than a court)

Standing

stake or interest that an individual has in a dispute that entitles him to bring the controversy before the court to obtain judicial relief having relevance and being able to justify to a suit (dog in the hunt)

Civil Law

study of the rights and obligations of individuals and includes law of property, contracts, and torts rules governing relationships between two individuals

Which posters does the Occupational Safety and Health Act (OSHA) require most businesses to display? Choose 3 answers.

the "Family and Medical Leave Act" poster the "Job Safety and Health Protection" poster the "Fair Labor Standards Act" poster

At the federal level, the primary legislation that protects workers from dangerous conditions on the job is:

the Occupational Safety and Health Act (OSHA).

Defamation

the action of damaging the good reputation of someone; slander or libel.

EEOC (Equal Employment Opportunity Commission)

the agency responsible for enforcing federal laws regarding discrimination or harassment against a job applicant or an employee in the United States. You must file a complaint with them before you can file a suit.

A worker's status as an employee or independent contractor affects: (Choose 3 answers.)

the business' taxes. the business' liability for the worker's actions. ownership of work created on the job.

Appeals

the process in which cases are reviewed, where parties request a formal change to an official decision

Maya is an undocumented alien. She wants to provide her family with a good life in the United States, so she moves to a small town in West Virginia with her two daughters, Anita and Luisa. When school starts, she goes to the local elementary school to register the children. The principal of the school denies her request to enroll the children in school based on a West Virginia statute that authorizes school districts to deny enrollment to undocumented aliens. The principal's action in denying access to an education for the two children based on their status as undocumented aliens:

violates the Equal Protection Clause of the Fourteenth Amendment.

Detour

when an employee or agent makes a minor departure from his employer's charge (wrecking when driving to meet a customer)

Employment at Will

when either party may terminate an employment relationship at any time for any reason.

Discovery

when opposing parties obtain info from each other to prepare for trial

When is an agent liable on a contract that the agent entered into in the business of the agent's principal? Choose 3 answers.

when the agent is acting without authority when the principal is undisclosed if the agent entered into the contract in a personal capacity

Fritz applies for a job as a waiter at Mexico Cantina. Three positions are available, but he is not hired for any of them. Fritz inquires about his application and is informed by the restaurant manager that they could not hire him because he is not Hispanic. Fritz is told that Mexico Cantina wants its patrons to experience an authentic Mexican dining event in its restaurant, so Mexico Cantina will only hire female Mexican wait staff, who are then required to dress in traditional Mexican outfits. Fritz sues for employment discrimination, claiming that Mexico Cantina discriminated against him because he is not Hispanic. Mexico Cantina responds to the lawsuit by claiming that being female and Hispanic are bona fide occupational qualifications (BFOQ). Fritz will probably:

win the lawsuit because race is not a bona fide occupational qualification.

What does the ratification of an agency relationship include?

x-There is an agreement between the principal and the agent. -The law creates an agency relationship in the case of an emergency. -A party affirms the contract another person made with a third party. x-The principal led a third party to believe someone was an agent.

What is PDA and what does it do?

A physical demands analysis (PDA) is an evaluation conducted to determine the physical requirements of a specific job or job category. The analysis focuses on the physical motions and positions that are required in order to perform the job's tasks.

Which of the following are the categories protected by Title VII? A. Race, color, and religion B. Race, color, religion, and sex C. Race, color, religion, sex, and national origin D. Race, color, religion, sex, national origin, and age

C. Race, color, religion, sex, and national origin

Independent Contractor v. Employee

Employees cannot sue, independent contractor is not under control of employer

Bill and Mark have lived together for twenty years, and they finally decide to get married. Three days after their marriage, Bill returns to his job at Hometown Furnishings. When his supervisor finds out that Bill has just gotten married to a man, she immediately fires Bill. Bill is devastated; he has worked for Hometown Furnishings for five years and never had an issue of any kind. The next day, Bill and Mark go to see an attorney to discuss Bill's options. The attorney will likely advise Bill that:

Hometown Furnishings firing him because he is gay violates the Civil Rights Act of 1964.

"Environmental Concerns." Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and has now felt compelled to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper product and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Connie decides to go forward with her plan to clean things up under the theory that she wants to treat others in the same manner that she wants to be treated. 3a. Which of the following would be a stakeholder in the company above? a. The community only b. The shareholders only c. Future generations only d. The community and shareholders only e. The community, shareholders, and future generations

The community, shareholders, and future generations

The definition of disabled individuals under the Americans with Disabilities Act includes an individual with a record of a physical or mental impairment that substantially limits one or more of the major life activities of such individual

True

Grover is a sales representative for Avon Products Inc., a company that sells beauty and gift products door-to-door. Ruby, Grover's manager, assigns Grover a certain territory in which to work. The territory that Grover is assigned has historically had one of the highest sales records in the state. Ruby is concerned that Grover is not adequately working the territory, so she allows Regina to also sell in that same territory. Does Grover have any grounds on which to file a lawsuit against Ruby?

Yes, Ruby has violated a principal's duty of cooperation and may be liable to Grover for Grover's lost profits.

FMLA (Family and Medical Leave Act)

-allows employees to take time off work for family or medical reasons or in certain situations that arise from military service. -Requires companies with 50 or more employees to provide up to TWELVE weeks of unpaid family or medical leave

Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge? A. The plaintiff wins. B. The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge. C. The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur. D. The burden remains with the plaintiff to establish damages to a reasonable certainty.

B. The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge.

Is Zeke covered under the Americans with Disabilities Act? A) No, Zeke is not covered under the act because, by his own admission, he has no actual physical disability. B) No, Zeke will not be covered under the act because he cannot establish that he has a documented mental disability. C) Yes, Zeke would likely be covered under the act because he is regarded as having an impairment so long as he can establish that he is substantially limited in performing a major life activity. D) No, Zeke would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability.

C) Yes, Zeke would likely be covered under the act because he is regarded as having an impairment so long as he can establish that he is substantially limited in performing a major life activity.

Which of the following is not a situation under which men and women may be paid different wages under the Equal Pay Act? A. When payment is made pursuant to a seniority system. B. When payment is made pursuant to a system which measures earnings by quantity or quality of production. C. When the parties sign a waiver. D. When the differential is based on any factor other than sex.

C. When the parties sign a waiver.

Which of the following workers are generally NOT eligible for workers' compensation? Select 3 answers.

Domestic workers Agricultural workers Temporary workers

Which of the following is false regarding a general partnership? a. Its easy to create b. Income of the business is personal income c. Business losses can be deducted from taxes d. The partners are considered agents of the partnership. e. In most cases, partners do not have personal liability for losses.

E. The major disadvantage of partnerships is that partners are personally liable for the firm's debts.

Employee Privacy Rights

Employees can have privacy as long as its on personal devices and not employee equipment.

What are some good reasons to refrain from disclosing an agency or a principal's identity? Choose 2 answer choices.

-When a principal wishes to enter into transactions, but is concerned that if third parties knew his or her identity they would be less likely to enter into the agreement -When a principal wishes to remain anonymous for privacy reasons x-When a principal wishes to avoid exposure to liability x-When a principal does not have adequate resources in case he or she is held liable for damages related to an agency relationship

Who is liable to third parties for damage caused by an agent's tortious conduct if the principal had directed the agent to take that action?

-both the agent and the principal

Oncale v. Sundowner Offshore Services, Inc.

-employees forcibly subjected the plaintiff to sex-related actions on several occasions, he was physically assaulted threatened to rape -district court granted the employers motion for a summary judgment, appellate court affirmed bc they were of same sex *Court of appeals for 5th circuit was REVERSED and REMANDED in favor of plaintiff

Equitable Remedies

-injunction, specific performance, and contract recession. -when damages cannot be covered with monetary remedies.

In the text case Baldwin v. Foxx, where the plaintiff claimed he was not selected for a permanent position based on his gender and sexual orientation, the issue was whether plaintiff's claim of discrimination on the basis of sexual orientation stated a claim under Title VII. What was the result in the case? A) The plaintiff's discrimination claim based on sexual orientation fell within the meaning of sex discrimination under Title VII. B) The plaintiff's claim was barred because he initiated his claim more than 180 days after the alleged discrimination. C) The plaintiff's discrimination claim based on sexual orientation was not protected under Title VII. D) The plaintiff's discrimination claim based on sexual orientation did not constitute sex discrimination under Title VII.

A) The plaintiff's discrimination claim based on sexual orientation fell within the meaning of sex discrimination under Title VII.

Jolene is ABC Corporation's Human Resources Manager. Cindy, a receptionist, was turning 50 and told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene denied her request on the basis that the act only applies to physical disabilities. Zeke, who had been significantly burned, asked for a private office. While nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions. Will Cindy win on a claim under the Americans with Disabilities Act? A) No, Cindy will lose because mental disabilities are not covered under the act. B) Yes, Cindy will likely win because mental disabilities are covered under the act, and she had the right to ask for anything that would help her. C) No, Cindy will likely lose because she has no proof of a mental impairment that substantially limits one or more of her major life activities. D) No, Cindy will lose unless she can establish that she has a personality disorder because that is the only type of mental disability covered by the act.

C) No, Cindy will likely lose because she has no proof of a mental impairment that substantially limits one or more of her major life activities.

6H. Prudence, the Human Resources Manager, at ABC Corporation was encountering a rush of requests under the Americans with Disabilities Act. Samantha, a receptionist, was having a birthday and turning 40. She told Prudence that while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Samantha said that while she was able to engage in her normal activities, her energy level was down. Prudence promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Trevor, asked for a private office. Trevor had been significantly burned. Prudence asked him why he needed a private office. Trevor replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he were disabled. Prudence denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, George, who had undergone knee surgery, asked that Prudence put in another elevator near his work station. Prudence explained that his office could be moved nearer to the existing elevator, but George told her that under the Americans with Disabilities Act, she did not have the right to dictate to him when his doctor said that he should not be climbing stairs. Nevertheless, Prudence denied his request for a second elevator. Samantha, Trevor, and George got together and decided to go directly to federal court and sue under the Americans with Disabilities Act to challenge Prudence's decisions. 6Q. Which of the following is true regarding whether Trevor is covered under the act? A. He is not covered under the act because, by his own admission, he has no actual physical disability. B. He will only be covered under the act if he can establish that he has a documented mental disability due to the belief of others that he is handicapped. C. He would likely be covered under the act because he is regarded as having an impairment regardless of whether he actually has any impairment. D. He would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability. E. He would not be covered under the act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the act pertaining to perceptions of disability.

C. A disabled individual, for purposes of ADA, is defined as a person who meets one of the following criteria: 1) Has a physical or mental impairment that substantially limits one or more of the major life activities of such individual. 2) Has a record of such impairment. 3) Is regarded as having such an impairment.

Prudence, the Human Resources Manager, at ABC Corporation was encountering a rush of requests under the Americans with Disabilities Act. Samantha, a receptionist, was having a birthday and turning 40. She told Prudence that while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Samantha said that while she was able to engage in her normal activities, her energy level was down. Prudence promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Trevor, asked for a private office. Trevor had been significantly burned. Prudence asked him why he needed a private office. Trevor replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he were disabled. Prudence denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, George, who had undergone knee surgery, asked that Prudence put in another elevator near his work station. Prudence explained that his office could be moved nearer to the existing elevator, but George told her that under the Americans with Disabilities Act, she did not have the right to dictate to him when his doctor said that he should not be climbing stairs. Nevertheless, Prudence denied his request for a second elevator. Samantha, Trevor, and George got together and decided to go directly to federal court and sue under the Americans with Disabilities Act to challenge Prudence's decisions. Which of the following is true regarding whether Trevor is covered under the act? A. He is not covered under the act because, by his own admission, he has no actual physical disability. B. He will only be covered under the act if he can establish that he has a documented mental disability due to the belief of others that he is handicapped. C. He would likely be covered under the act because he is regarded as having an impairment regardless of whether he actually has any impairment. D. He would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability. E. He would not be covered under the act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the act pertaining to perceptions of disability.

C. He would likely be covered under the act because he is regarded as having an impairment regardless of whether he actually has any impairment.

A sales representative sells products from two competing companies without disclosing to either company. Which agent duty owed to a principal applies to this situation?

Conflict of Interest

A company handbook states that employees will be given warnings for three instances of arriving late for work, after which they will be fired. An employee is fired after being late for the first time. Which of the exceptions to at-will employment could apply?

Contractual agreements.

Will Cindy, Zeke, and Keanu be able to go directly to federal court with claims against ABC Corporation? A) Yes, they will be able to do so. B) Zeke and Keanu will be able to go straight to court; but plaintiffs alleging coverage based on a mental disability, such as Cindy, must first file a charge with the EEOC or an appropriate state agency. C) Cindy will be able to go straight to court, but Zeke and Keanu will have to first file a charge with the EEOC or an appropriate state agency because only plaintiffs alleging coverage under the act based on a mental disability may go straight to court. D) No, Cindy, Zeke, and Keanu must all first file a charge with the EEOC or with an appropriate state agency, and they will not be allowed to proceed in federal court without doing so.

D) No, Cindy, Zeke, and Keanu must all first file a charge with the EEOC or with an appropriate state agency, and they will not be allowed to proceed in federal court without doing so.

Does ABC Corporation have any duty to provide Zeke with a private office? A) No, ABC Corporation would not have to provide Zeke with a private office because he is not covered by the Americans with Disabilities Act. B) No, ABC Corporation would not have to provide Zeke with a private office because the act only contemplates accommodation through the placement of additional equipment to assist those with disabilities. C) Yes, ABC Corporation would likely be required to provide Zeke with a private office unless the accommodation requested is not reasonable and would place an undue burden on the company. D) Yes, ABC Corporation would absolutely have to provide Zeke with a private office.

D) Yes, ABC Corporation would absolutely have to provide Zeke with a private office.

Daria applies for a position at Corinthian Tire Works as an assembly line worker. The only requirements for the job are a high school diploma and the ability to lift thirty pounds. Daria is called in for an interview with the supervisor, Edwardo. The interview goes very well, and Daria is sure she will get the job. Three days later, however, Daria receives a phone call from Edwardo informing her that she did not meet their needs. Edwardo states to Daria that they need to make sure their employees have the stamina required for the job. Daria remembers that during the interview Edwardo kept looking at her medical alert bracelet, which she wears because she is a diabetic. If Daria decides to sue Corinthian Tire Works for discrimination based on disability:

Daria will likely succeed if she can show that her being a diabetic is the only reason she was denied the position because diabetes qualifies as a disability under federal law.

What is FMLA and what does it do?

Family Medical Leave Act. Allows employees who have worked for >1 year to take off from work up to 12 weeks/yr for family or medical reasons or in certain situations that involve military service. Unpaid, but position in company is held and insurance benefits still received. The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

Amber Nevins was a sales representative at A.B. Keller Worldwide, Inc. (ABKW). The only woman working in her part of the office, sexually offensive language permeated the work environment nearly every day. Sexually explicit radio programming was also played on a daily basis and Nevins was once exposed to a pornographic image of a woman on a co-worker's computer. Nevins told co-workers and her supervisor on several occasions that the language was offensive and made it difficult for her to work, but the environment did not change. Nevins eventually filed a complaint against ABKW alleging that the use of sexually offensive language and commentary created a hostile work environment in violation of Title VII.

Identifying the Facts and Issues Title VII of the Civil Rights Act of 1964 prohibits hostile work environment sexual harassment and discrimination in employment based on: race color religion national origin gender Assessment question When informed of sexual harassment, a supervisor must prevent and promptly correct any sexually harassing behavior . In this case, the supervisor did not take immediate remedial action to stop the harassing conduct. Assessment question The fact that the offensive behavior was not directed specifically at Nevins does not prevent her sexual harassment claim. A court is likely to find that hostile environment sexual harassment did occur at ABKW. Assessment question What If the Facts Were Different? Assume that ABKW had anti-harassment policies and reporting procedures designed to detect and prevent sexual harassment. When ABKW supervisors learned of the sexually offensive language permeating the work environment, the behavior was immediately halted and the individuals responsible for the language were punished. Supervisors also offered to transfer her to another location in the company and not work with the offenders again. Nevins did not report the inappropriate behavior, declined the transfer, and sued ABKW anyway. ABKW would not normally be held liable to Nevins because it did take reasonable care to prevent and promptly correct any sexually harassing behavior and Nevins unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer to avoid harm. Assessment question Nevins is not left without recourse. Her co-workers would still be liable for sexual harassment. ABKW cannot fire Nevins in response to her allegations of sexual harassment in order to maintain workplace civility.

Prudence, the Human Resources Manager, at ABC Corporation was encountering a rush of requests under the Americans with Disabilities Act. Samantha, a receptionist, was having a birthday and turning 40. She told Prudence that while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Samantha said that while she was able to engage in her normal activities, her energy level was down. Prudence promptly denied her request on the basis that the act only applies to physical disabilities. Samantha, Trevor, and George got together and decided to go directly to federal court and sue under the Americans with Disabilities Act to challenge Prudence's decisions. 23.) Will Samantha win on a claim under the Americans with Disabilities Act?

No, Samantha will likely lose because she has no proof of a mental impairment that substantially limits one or more of her major life activities.

You are an accounting student at a university and also a talented guitar player. During summer vacation, you are hired full time to do bookkeeping for a computer store. You work during normal business hours at the computer store. Your work there is supervised by the office manager, and you are paid an hourly wage. On Saturday nights, you play guitar at a pub. You bring your own instrument and you decide what music to play. You are paid a set price for this gig. A question arises at both the store and the pub as to whether you are an employee or an independent contractor. This question is important because employers have certain obligations to employees that do not apply to independent contractors. For example, employers are liable for the wrongful acts of employees but generally not for the acts of independent contractors. Likewise, employers must withhold payroll taxes for employees but not for independent contractors. Are you an employee or an independent contractor at the store and at the pub?

You are an employee of the computer store and an independent contractor of the pub.

"Environmental Concerns." Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and has now felt compelled to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper product and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Connie decides to go forward with her plan to clean things up under the theory that she wants to treat others in the same manner that she wants to be treated. If Connie turned her company in for not complying with environmental regulations she would be a(n) _____________. a. Whistleblower b. COBRA c. ERISA d. At-Will Employee e. Member of a Labor Union

a. Whistleblower

Gerald has been a sales representative for Goldsmith's Department Store for the past five years. When Gerald was hired, the general manager told Gerald that he would have a job there as long as he made $3,000 in sales each month. Every month, Gerald has exceeded that level in sales, so he is surprised when his supervisor calls him into the office and fires him. Gerald tells the supervisor about the promise from the general manager not to fire him as long as his sales were $3,000 each month. The supervisor responds by telling Gerald that the law in this state is employment at will, so he can fire him at any time for any reason. If Gerald sues Goldsmith's for wrongful termination, he will likely:

be successful because the general manager orally promised him that he would remain in his job as long as his sales stayed at a specific level, and he has maintained that level.

Which of the following was the result in U.S. v. Alfred Caronia, the case in the text in which the defending pharmaceutical representative was charged with illegally promoting off-label use of a drug? a. That the defendant had not indeed promoted off-label use of the drug at issue, and the case was dismissed. b. That although the defendant promoted off-label use of the drug at issue, the off-label use was later approved as a valid and appropriate use and the case was dismissed. c. That the defendant's speech failed to meet the criteria for classification as commercial speech and that, therefore, the defendant had no constitutional argument in opposition to the charges against him. d. That although the defendant's speech met the criteria for classification as commercial speech entitled to constitutional protection under some conditions, the government met the requirements for regulation of the particular speech at issue involving off-label usage.

d. That although the defendant's speech met the criteria for classification as commercial speech entitled to constitutional protection under some conditions, the government met the requirements for regulation of the particular speech at issue involving off-label usage.

"Environmental Concerns." Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and has now felt compelled to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper product and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Connie decides to go forward with her plan to clean things up under the theory that she wants to treat others in the same manner that she wants to be treated. Which of the following would be a stakeholder in the company above? a. The community only b. The shareholders only c. Future generations only d. The community and shareholders only e. The community, shareholders, and future generations

e. The community, shareholders, and future generations

The faculty at Hopeland University have always been predominantly white. Concerned that it may be discriminating against potential nonwhite faculty members, Hopeland institutes an affirmative action program that provides that fifty percent of any new faculty positions at the university will be reserved for nonwhite applicants. Clara, who is white, applies for a faculty position at Hopeland. The position is given to a black applicant, even though Clara has more teaching experience and higher educational credentials. When Clara challenges the hiring decision by claiming that the Hopeland University affirmative action program violates the Equal Protection Clause of the Fourteenth Amendment:

she may be successful because the Hopeland University affirmative action program uses quotas.

Rosemary's son Dave is a United States Marine. Dave was recently injured in a covert operation in the Middle East and now needs round-the-clock care. Rosemary works at the Silver Spoon Café, which has 63 employees. Rosemary advises her supervisor that she needs to take time off to care for Dave. Rosemary quickly uses up all her accrued leave time, so she applies for time off under the Family and Medical Leave Act (FMLA). Under the FMLA, Rosemary may take unpaid time off to care for her injured son for up to:

twenty-six weeks.