Exam 3 Emp Law

Baylor University can utilize the religious organization exemption and accordingly, facially discriminate on the basis of religion. True False

TRUE

To be actionable, the more "severe" harassment is, the less "pervasive" it needs to be. True False

TRUE

Under the some circumstances, employers can refuse to restore 'key' employees to their previous positions pursuant to the Family and Medical Leave Act. ​ True False

TRUE

An employee who had taken periods of FMLA leave over a two year period was terminated for poor attendance because of those absences. She brings suit under the FMLA. What should the court rule?​ ​ A) the employer did not violate the FMLA because the employee was granted leave B) ​the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave ​ C) the employer violated the FMLA because all employees become eligible for up to 12 weeks of leave at the start of each new calendar year; "rolling" calendars are illegal ​ D) the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

​ D) the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

Which of the following laws applies to federal employees?​ ​A) The Rehabilitation Act ​ B) The Disability Act ​ C) The Americans with Disabilities Act ​ D) The Protection of Major Life Activities Act

​A) The Rehabilitation Act

Which of the following is a "qualifying event" under the FMLA? A) birth of a child B) death of a parent C)serious health condition of an employee's grandparent D) serious health condition of a fiancee

A) Birth of a child

As the Assistant Human Resources Manager, you have learned from another employee that a co-worker is being harassed by her supervisor. Assuming your firm has no anti-harassment policy,you should undertake all of these actions EXCEPT which one: A) You should do nothing unless the victim herself files a claim, because there is no anti-harassment policy, so you have no authority in the matter B) You should promptly take steps to stop the harassment. C) You should investigate the claim and report the harassment to your superiors D) You should work to create, educate and enforce an anti-harassment policy for your firm

A) You should do nothing unless the victim herself files a claim, because there is no anti-harassment policy, so you have no authority in the matte

In a case in which the employee claimed harassment by her supervisor in which he altered her work hours with the knowledge that doing so would adversely affect her hypoglycemia; frequently stood at her desk and stared angrily at her; startled her by pounding on her desk with his fist; criticized her work unfairly; and yelled at her in front of co-workers, the court ruled that: A) a hostile environment was created by the supervisor's conduct B) no sexual harassment was proven, because no hostile environment was created C) no sexual harassment was proven, because no demand for sexual favors was made D) the supervisor was a bully but did not violate the harassment laws.

A) a hostile environment was created by the supervisor's conduct

In the homework problem in which a female prison librarian complained she was harassed by her male supervisor A) did not prevail because the conduct was not sufficiently severe or pervasive B) the liabrarian prevailed because of the pervasiveness of the outrageous conduct C) prevailed on both quid pro quo and hostile work environment claims D) the librarian lost on the hostile work environment claim but prevailed on a quid pro quo claim

A) did not prevail because the conduct was not sufficiently severe or pervasive

Under the FMLA: A) employers may require that any paid leave available to an employee be used and counted toward an employee's FMLA leave B) employers may require that the employee stay on leave longer than they need if it satisfies an administrative purpose or convenience for the employer C) employers may contact the employee at home by phone or e-mail with company question but cannot require the employee to physically come to the premises D) during a valid leave, the employee is protected or shielded from layoffs or termination that would have occurred anyway

A) employers may require that any paid leave available to an employee be used and counted toward an employee's FMLA leave

In the case of "equal opportunity harassers" who harass both men and women, the courts tend to rule:​ A) for the harasser, because neither gender was disadvantaged differently by the harassment. B) ​for the victim of the harassment, if the harassing conduct included statements based on his or her (victim's) gender. ​ C) for the victim of the harassment, because harassment is proven generally ​ D) for the harasser, because harassment can only occur when a male supervisor harasses a female subordinate.

A) for the harasser, because neither gender was disadvantaged differently by the harassment.

Which of the following is necessary to establish the existence of a disability under the ADA? A) having a physical or mental disability which affects at least one major life activity B) being diagnosed with an impairment that is included on the ADA's list of recognized disabilities C) receiving regular medical treatment for one's condition D) having a physical basis for one's impairment

A) having a physical or mental disability which affects at least one major life activity

The EEOC's guidelines hold that broad English-only rules applied at all times are:​ A) presumptively discriminatory​ ​ B) presumptively non-discriminatory

A) presumptively discriminatory​

The federal Jury System Improvements Act:​ ​ A) protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service B) ​applies a Title VII approach to selection of jurors ​ C) reduces the number of jurors on a standard jury from 12 to 6​ ​ D) requires that employers pay their employees at their regular rate of pay for the time spent serving on a federal jury

A) protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service

Which of the following would usually be considered a reasonable accommodation of disability? A) providing a part-time or modified work schedule B) transferring essential job functions to others C) relaxing a production requirement D) relaxing a performance standard

A) providing a part-time or modified work schedule

If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule: A) that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut B) that a hostile environment is presumed, but that the employee waived the right to sue when he left C) that because he quit, no tangible employment action can be proven

A) that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut

In order to conclude that a proposed accommodation of disability would impose undue hardship on an employer, it must be shown that: A) the proposed accommodation would impose significant difficulty or expense on the employer. B) the proposed accommodation would involve more than a de minimus cost to the employer. C) the cost exceeds the general $2000 threshold specified in the ADA D) the cost of the accommodation exceeds the benefits it would produce

A) the proposed accommodation would impose significant difficulty or expense on the employer.

In the Gerald v. University of Puerto Rico case in which a woman ended her brief fling with a supervisor while on vacation, and was demoted when she rebuffed him, the appeals court ruled: A) to reverse the summary judgment ruling in favor of the male supervisor because the woman raised issues of material fact thus allowing the case to go to trial and let the jury decide. B) to reverse the summary judgment ruling in favor of the male supervisor because he was not the woman's supervisor C) to affirm the summary judgment ruling in favor of the male supervisor because no harassment was proven thereby ending the plaintiff's lawsuit. D) to dismiss the case for failure to state a cause of action alleging either 'hostile work environment' or quid pro quo harassment.

A) to reverse the summary judgment ruling in favor of the male supervisor because the woman raised issues of material fact thus allowing the case to go to trial and let the jury decide.

Regarding vicarious liability for harassment and considering Table 8.1 in the text, which of the following statements is FALSE? A) The employer would have vicarious liability when a hostile environment is created by a top official, an owner or partner even if the conduct is in violation of a company policy. B) If your client or customer harasses your employee and creates a hostile environment, you will be vicariously liable if you knew of the conduct and did not take steps to stop it. C) If you client or customer harasses your employee and created a hostile environment, you will potentially be liable using a negligence standard. D) An employer would have vicarious liability if a top official harassed an employee and then took a tangible employment action such as firing an employee because of the employee's response.

B) If your client or customer harasses your employee and creates a hostile environment, you will be vicariously liable if you knew of the conduct and did not take steps to stop it.

"Serious health conditions" include: A) pregnancy, even without medical complications B) all conditions that require hospitalization C) all conditions that require treatment by a health care provider D) all of these

B) all conditions that require hospitalization

Title VII's religious organization exemption: A) allows religious organizations to favor persons of the same faith for secular activities B) allows religious organizations to favor persons of the same faith for positions that have clear spiritual functions C) requires religious organizations to comply with all other antidiscrimination laws except for those regarding religion D) requires religious organizations to establish BFOQs based on religion

B) allows religious organizations to favor persons of the same faith for positions that have clear spiritual functions

Under Title VII, the concept of "religion" is: A) limited to membership in or affiliation with an established church or denomination B) broadly interpreted C) applicable to beliefs or practices that a church or denomination requires of its members D) applicable to beliefs or practices centering on the worship of a God or other deity

B) broadly interpreted

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that: A) all persons returning from military service must be reemployed B) employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions C) employers continue to provide at least partial pay to employees serving in the military for up to 24 months

B) employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions

When considering pregnancy (not childbirth) under the FMLA: A) pregnancy is a "serious health condition" triggering the right to FMLA leave B) pregnancy is not a "serious health condition" triggering the right to FMLA leave unless there are complications C) only a pregnant employee may receive leave under the FMLA D) pregnancy is a unique category of disability for employers

B) pregnancy is not a "serious health condition" triggering the right to FMLA leave unless there are complications

Which of the following is an element of a prima facie case of failure to reasonably accommodate religion? A) that the requested accommodation would not impose undue hardship B) that a conflict exists between a sincere religious belief or practice and an employment requirement C) that a specific reasonable accommodation was requested by the plaintiff

B) that a conflict exists between a sincere religious belief or practice and an employment requirement

​A male customer of a sports bar has taken a particular liking to one of the waitresses, and always asks to be seated at her station, so that she will wait on him. He has spoken to the manager of the bar, and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer, because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it's good money (he does tip her well), and she should be nice to him. If she files suit for harassment, what will the court most likely rule? ​ A) for the employee, because the customer has committed harassment and the conduct happened at work. B) ​for the employee, because the customer has committed harassment, the employer knew about it, and did nothing ​ C) for the employer, because the customer does not have the power to affect her employment status, so that his conduct cannot result in a tangible employment action against her ​ D) for the employer, because the customer has not committed harassment

B) ​for the employee, because the customer has committed harassment, the employer knew about it, and did nothing

When a female supervisor demands sexual favors from a male employee so that he can keep his job or get a raise, it is called this:​ ​ A) severe or pervasive harassment B) ​quid pro quo harassment ​ C) cruel and unusual harassment ​ D) same sex harassment

B) ​quid pro quo harassment

The basic criteria for identifying the essential functions of a position are all of these EXCEPT: A) the position exists to perform this function B) few other employees are available to perform this function C) All of the criteria are required. D) the function is highly specialized

C) All of the criteria are required.

Regarding harassment, which of the following statements is NOT true? A) Not every form of workplace bullying is legally actionable B) Harassment is a serious problem in the workplace C) All of the responses are true. D) The definition of harassment does not include workplace bullying

C) All of the responses are true.

As the new Human Resources Manager for Artists' Tools main office, you are still getting to know your employees. One in particular has come to your attention, because she always seems to be in a state of either euphoria or sleepiness. Co-workers report to you that they have found her in the ladies room sniffing a white powder, and you conclude that she is probably using cocaine. A) Since addictions are medical conditions under the ADA, you should make reasonable accommodations to modify her work schedule while obtaining treatment. B) You question her about your concerns and she responds that she believes in the God of Cocaine and is merely worshipping several times a day. You must accommodate her religious belief and allow her to continue this habit. C) Current drug addictions are not disabilities under the ADA so you have no obligation to make reasonable accommodations.

C) Current drug addictions are not disabilities under the ADA so you have no obligation to make reasonable accommodations.

Under the FMLA, employers have the right to: A) require that employees provide documentation of any serious health condition within 72 hours of the onset of the illness B) cancel the leave of "key employees" C) delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable D) terminate employees who fail to provide required documentation

C) delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable

Under the Pregnancy Discrimination Act (PDA): A) employers are required to provide leave for childbirth and medical problems related to pregnancy B) employers are required to restore employees returning from pregnancy leave to their former jobs or equivalent positions C) employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end D) All of the answers are correct

C) employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end

The Uniformed Services Employment and Reemployment Rights Act (USERRA) DOES NOT require that: A) an employer must maintain the health insurance for an employee reporting to military service for short stints of service (less than 31 days) B) an employer must maintain the health insurance for an employee who serves in the military for up to 24 months, if the employee pays the full cost of group coverage C) employers maintain health insurance coverage for their employees in military service beyond a period of 30 days

C) employers maintain health insurance coverage for their employees in military service beyond a period of 30 days

Which of the following is true of harassment? A) all harassment claims are actionable B) all harassment cases involve sexual harassment C) harassment is legally actionable because it is a form of discrimination D) harassment claims are rarely brought by men

C) harassment is legally actionable because it is a form of discrimination

An employee is not disabled under the ADA if: A) she is erroneously regarded as being disabled B) she is not currently disabled, but has a record of a prior disability C) she has a disability which does not substantially limit a major life activity D) she has an existing disability which substantially limits a major life activity

C) she has a disability which does not substantially limit a major life activity

In the situation of the profoundly deaf employee at a photography studio, the employee A) was not a qualified person with a disability since she could use hearing aids but chose not to do so, and used sign language instead. B) posed a direct threat of harm to others. C) was not qualified because she could not perform many of the essential functions of the job. D) prevailed because the employer should have provided an interpreter.

C) was not qualified because she could not perform many of the essential functions of the job.

The accent of an employee or job applicant can lawfully be taken into consideration when:​ ​ A) the firm is using its affirmative action program to diversify its workforce ​ B) when few English-speaking applicants or employees are available ​ C) when communications are a significant part of the job in question, and the person's accent substantially interferes with the ability to communicate D) ​when communications are an occasional part of the job in question, and the person's accent interferes in some degree with the ability to communicate

C) when communications are a significant part of the job in question, and the person's accent substantially interferes with the ability to communicate

A part-time clerk at a drug store lost her vision in one eye due to glaucoma. She was able to perform her job but could not drive at night. Accordingly, she asked her employer to allow her to work a day shift instead. Which statement is correct per the problem? A) If the employee could get a ride to and from work from family members, the employer could disregard her request for a shift change. B) The employer need not change her work shift because it would be an undue hardship on other employees who would now be required to work nights. C) The employer need not accommodate her request if she could perform the essential functions of the job as a clerk because she would not be 'disabled' per the ADA. D) The employer should change her work shift and if needed engage in an ongoing dialogue about reasonable accommodation needs.

D) The employer should change her work shift and if needed engage in an ongoing dialogue about reasonable accommodation needs.

When determining whether a hostile environment exists due to "severe" or "pervasive" conduct, which of the following statements is true?​ A) The statements are both false. B) To prove harassment which is less severe in nature, the plaintiff must show that the conduct complained of was pervasive. ​ C) to prove harassment for one-time conduct, the plaintiff must show that the conduct complained of was severe. D) The statements are both true.

D) The statements are both true.

Which of the following should be included in an employer's policy prohibiting harassment? A) a warning that harassment, if not proven, may result in the employee losing employment B) assurance of thorough, complete, 100% strict confidentiality in handling all harassment complaints C) assurance that employees reporting harassment will be transferred to a new position D) a clear and accessible procedure for reporting harassment

D) a clear and accessible procedure for reporting harassment

The Americans with Disabilities Act (ADA): A) amends and replaces the Rehabilitation Act. B) protects all disabled persons against discrimination in employment. C) applies to federal government contractors. D) applies to private sector employers with 15 or more employees.

D) applies to private sector employers with 15 or more employees.

Regarding a perceived disability, it is correct to say that: A) only people who are perceived as having a mental disability come under this category. B) only perceived physical disabilities, not mental, are protected under the ADA. C) people who are perceived as disabled are entitled to reasonable accommodations. D) people who are not disabled, but are erroneously regarded as being disabled are protected by the ADA

D) people who are not disabled, but are erroneously regarded as being disabled are protected by the ADA

Which of the following is a necessary element of a sexual harassment claim? A) All of the answers are required elements to prove a sexual harassment claim. B) the harasser intended to inflict emotional distress and embarrassment on the victim C) the sex of the harasser differed from the sex of the victim D) the harassment was unwelcome

D) the harassment was unwelcome

Once a reasonable accommodation is made for a disabled employee, the employer has met its obligation for the duration of the person's employment. True False

FALSE

Regarding "reasonable accommodations" for employees with disabilities, an employer is only legally required to provide the specific actions that are set forth in the Americans with Disabilities Act. True False

FALSE

To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked:​ A) at least 1250 hours during the previous 12 months​ B) ​at least 625 hours during the previous 6 months ​C) at least 2080 hours during the previous 12 months ​ D) at least 1040 hours during the previous 6 months

A) at least 1250 hours during the previous 12 months​

Under the ADA, it is important that job descriptions: A) clearly identify the essential functions of jobs B) clearly identify the working conditions for this job C) list reasonable accommodations that are available to an employee in this job D) clearly specify how job tasks are to be carried out

A) clearly identify the essential functions of jobs

Under the FMLA, employees are entitled to:​ ​A) have all benefits maintained under the same conditions as if the employee had not taken leave ​ B) have their health insurance benefit maintained under the same conditions as if the employee had not taken leave C) ​be restored to the exact same position they left if they are deemed a "key employee" ​ D) a minimum of one-half of their normal salary during their leave

B) ​have their health insurance benefit maintained under the same conditions as if the employee had not taken leave

The "reasonable accommodation" standard is the same for both disability and religion. True False

FALSE

Same-sex harassment is actionable only if it is "because of sex." TRUE FALSE

TRUE