Quiz 6

The Family and Medical Leave Act guarantees all eligible employees up to ______ weeks of leave during any ______-month period.

12; 12

Title VII of the Civil Rights Act applies to employers who have ______ or more employees for ______ consecutive weeks within one year and who are engaged in a business that affects commerce.

15; 20

In filing a Title VII claim of employment discrimination, an employee must file a charge with the EEOC within _____ days of the alleged

180

In the U.S. at-will employment applied in all states until ____.

1959

How much must an employee pay in order to continue health benefits under COBRA?

All the premiums, plus up to a 2 percent administration fee.

When may a plaintiff request a right-to-sue letter once a charge has been filed with the EEOC?

At any time after 180 days have elapsed since the filing of the charge.

Which of the following is false regarding the Americans with Disabilities Act?

Claims based on emotional or psychiatric impairments are not allowed.

In the area of employee testing, which of the following measures a psychological trait needed to perform a job?

Construct validity

Which of the following is required by federal law in regard to holidays?

Employees are not guaranteed any holidays off or any extra pay for working holidays under federal law.

Which of the following is false under federal law regarding employer monitoring of employee telephone calls?

Employers must give employees access to a telephone and the ability to make personal phone calls at some point during the work day.

"Uncooperative Employer." Joan requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Joan's employer, Rose, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Joan did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Frank, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Rose told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Bob. Frank demanded that Bob be removed and that he be reinstated to his previous job. To the dismay of Rose, Alice also requested leave because she planned to take in a foster child. Rose told Alice to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alice for leave, and also because she typically worked only 30 hours per week. Which of the following is true regarding Frank's claim that the other employee should be removed so that he can have his position back?

Frank is not entitled to his former job under the Family and Medical Leave Act because the Act does not require reinstatement when an employee takes leave under the Act but is off for more than 12 weeks.

"Surprise Arrival." Gracie was surprised and pleased to find that she was pregnant. She worked as a waitress at Good Food and was aware that Groucho, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off work for three months when she ran her personal watercraft into a dock and broke her leg. Gracie, therefore, happily told Groucho about her pregnancy. He very angrily told her that, as set forth in the employee handbook, pregnancy was completely voluntary; that she was not entitled to a dime when she was off work; and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. According to Groucho, being slender was a bona fide occupational qualification for females as well as males. He said that he serves families, and he does not want the kids asking embarrassing questions of their parents regarding Gracie's condition. Gracie was very angry and threatened to sue. Groucho told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII. Which of the following is true regarding Groucho's comment that pregnancy-based discrimination is not covered by Title VII?

He is incorrect because Title VII was amended in 1987 to include pregnancy within its protection.

When will a union be certified as the bargaining representative of employees?

If the union receives a majority of the votes in the union election.

Bright Daffodils Inc. operates in a state where the smoker's rights law is prevalent. Samantha, the HR manager at Bright Daffodils wants to terminate an employee, Lara, because she is a smoker. Which of the following is true in the context of the given scenario?

Lara cannot be legally terminated for smoking outside the workplace.

Which of the following is required by federal law regarding vacation after an employee has worked for an employer for at least one year?

Nothing

MNM Inc. manufactures cement blocks and requires hiring people for heavy physical work such as carrying the cement blocks, loading them in the trucks, etc. Since the work involves heavy physical activity, MNM hires only male employees. On what basis could the company defend itself had a case of discrimination on the basis of sex been filed against the company?

On the basis of bona fide occupational qualification defense

Which of the following can be a bona fide occupational qualification defense (BFOQ)?

Requiring a candidate to be female for modeling female clothing

"Uncooperative Employer." Joan requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Joan's employer, Rose, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Joan did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Frank, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Rose told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Bob. Frank demanded that Bob be removed and that he be reinstated to his previous job. To the dismay of Rose, Alice also requested leave because she planned to take in a foster child. Rose told Alice to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alice for leave, and also because she typically worked only 30 hours per week. Which of the following is true regarding Rose's position that Joan could be required to take paid sick leave and vacation prior to any leave under the Family and Medical Leave Act?

Rose is correct.

"Uncooperative Employer." Joan requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Joan's employer, Rose, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Joan did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Frank, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Rose told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Bob. Frank demanded that Bob be removed and that he be reinstated to his previous job. To the dismay of Rose, Alice also requested leave because she planned to take in a foster child. Rose told Alice to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alice for leave, and also because she typically worked only 30 hours per week. Which of the following is true regarding the denial by Rose of Alice's request for leave under the Act?

Rose wrongfully denied the leave.

Which of the following best represents the ruling of the U.S. Supreme Court in Oncale v. Sundowner Offshore Services Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

That same sex harassment may state a claim under Title VII.

What did the U.S. Supreme Court rule in United States v. Windsor, the case in the text involving the constitutionality of Section 3 of the Defense of Marriage Act (DOMA) limiting the federal definition of "marriage" to being between one man and one woman?

The Court ruled that Section 3 of DOMA was unconstitutional.

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?

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

Which of the following is not a defense available to employers charged with age discrimination under the Age Discrimination in Employment Act?

The qualified but aged defense

Who is considered an eligible employee under the Family and Medical Leave Act?

Those who have worked at least 25 hours a week for each of 12 months prior to the leave.

The Fair Labor Standards Act requires that:

a minimum wage of a specified amount be paid to all employees in covered industries.

Anne and Ted skip a day of work. Their employer, Julie, fires Anne but does not fire Ted. The main reason for firing Anne was that she is a young and beautiful girl. This is an example of:

disparate treatment.

The public policy exception:

prohibits employers from firing employees engaged in activities that further the public interest.

The Employee Retirement Income Security Act of 1974 (ERISA):

requires that private employers keep employees informed about voluntarily established pension and health plans.

Lily asked her boss, Duke, for a hike in salary on the basis that she had successfully completed two important projects in the past six months which might otherwise have taken at least a year to complete. Duke was impressed with her performance but asked her to meet him upstairs later at night in his apartment to discuss the matter further. There were other instances when Lily found Duke getting physically too close to her. On Lily's refusal to meet at his apartment, Duke declined her request for a raise. This is an example of:

sexual harassment.

Under workers' compensation laws, _____.

the covered workers injured on the job can receive financial compensation through an administrative procedure

The Family and Medical Leave Act (FMLA) covers:

the placement of a foster child in an employee's care.