Bus Law Ch 24 CC, HW
_________ occurs when an employee is treated differently on the basis of being a member of a protected class.
disparate treatment
What happened before when the plaintiff got an e-mail regarding "101 Sexual Positions?"
he just got rid of it
How did the plaintiff respond when he was uncomfortable with the defendant's actions before?
he never mentioned
Did the plaintiff and defendant's employer make them sign anything like a contract regarding sexual harassment in the office?
no
The Age Discrimination in Employment Act of 1967 (ADEA) outlaws employment discrimination on the basis of age for what age group?
over 40
What does the defendant say regarding Mr. Silverstein's behavior at work?
they joke like girlfriends
Federal unemployment tax act fail labor standards act workers compensation act Family and Medical leave act
unemployment benefits, taxes for unemployment minimum wage, time and a half puley state, injuted workers leave for medical
Was the scenario with the screensaver any different than the previous vulgarities of the defendant?
yes, in terms of damage
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature can violate Title VII under two theories. The first, called quid pro quo sexual harassment, involves some express or implied linkage between an employee's submission to sexually oriented behavior and tangible job consequences. The second form of harassment, called hostile work environment, occurs when an employee is subjected to unwelcome, sex-related behavior that is sufficiently severe or pervasive to change the conditions of the victim's employment and create an abusive working environment. Video Case: Watch the video below all the way through; then answer the questions that follow. Why is the plaintiff, Mr. Silverstein, in court?
sueing for sexual harassment
Joy is a 48-year-old waitress for a mom-and-pop restaurant employing 15 employees. Joy was up for a big promotion to be the shift manager of her company. Joy really thought she had the job, but she didn't get it. When she asked her boss why she was not promoted, he said, "You were just too old. We want someone who can serve in this position for 20 years and stay with the restaurant for the rest of their long life." In this situation
the ADEA does not apply because it applies to employers having 20 or more employees only.
Denise and Donna legally married each other in the state of New York. Later, when Donna got a job promotion and transfer, they moved to Georgia. Under DOMA, after the recent Supreme Court ruling, which of the following is/are true?
Georgia is not required to legally recognize the marriage of Denise and Donna in New York.
Consolidated Omnibus Budget Reconciliation Act of 1985 Employee Retirement Income Security Act of 1974 Occupational Safety and Health Act of 1970 Omnibus Crime Control and Safe Streets Act of 1968 Electronic Communications Privacy Act of 1986
Health benefits Pension protection health and saftey, criminal penalties no spying on personals email privacy
Why does the judge say that there was no sexual harassment?
No proof lost promotion for this. Never spoke up about behavior. He participated in similar behavior.
Which of the following is not an exception to the employment-at-will doctrine?
Occupational Safety and Health Administration
Which title of the Civil Rights Act (CRA) of 1964 governs civil rights in employment situations?
Title VII
Which of the following is not a defense available in response to Title VII claims?
The EEOC defense
__________ is the organization that enforces the Occupational Safety and Health Act (OSHA).
The Occupational Safety and Health Administration
John and Joan are both supervisors at Main Street Hardware. John has worked there for twenty years and Joan for fifteen years. Joan is only paid half what John makes. Under the Equal Pay Act (EPA)
All of these are correct
Paul worked at Tanya's Toy Store in the mall. Tanya had quite a sense of humor and would often tell jokes in her store. When she told the joke about the difference between an adult's toy and a child's toy, Paul was very upset by the joke and let Tanya know he was not amused. Tanya figured Paul was just shy and did not take it personally. Tanya was also very friendly and would often come up behind Paul and rub his shoulders while talking suggestively to him. In fact, when a new supervisor position opened, she challenged Paul to compete for the job by taking her out on a date! When Paul refused to take Tanya on a date, she gave the supervisor's position to another employee. Paul was very upset by the whole incident and decided to file a claim for sexual harassment (both hostile work environment and quid pro quo) against Tanya. A jury agreed that Paul had been subjected to a hostile work environment and to quid pro quo sexual harassment and awarded him damages.But what if the facts of the case were different? Select each set of facts below that could change the outcome of the court's decision.
Paul was not offended by Tanya's jokes or the fact that she touched him, and he often responded to Tanya in a sexually suggestive way. Tanya only told Paul one off-color joke (the one about the toys). Tanya asked Paul to take her on a date and he refused. Nevertheless, Paul got the promotion to supervisor. Paul was not severely psychologically injured by Tanya's behavior.
Starr worked at Dewey, Cheatum & Howell, a law firm, for two years. One day she sent an email to her boyfriend from her work computer. The next day, during her lunch break, she decided to go online at work and order a new dress for her date that weekend. Later that evening, after everyone else had gone home, Starr went online at work and viewed a pornographic website. The next day, Starr was reprimanded by her employer. Which of the following is true with regard to Starr's right to use her employer's computer?
Starr has no reasonable expectation of privacy with regard to her use of her employer's computer; therefore, the employer was within its rights to reprimand her.
