EXAM 3

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

All of the criteria are required.

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

All of the responses are true.

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

Did not prevail because the conduct was not sufficiently severe or pervasive

The first female parks maintenance foreperson was subjected to daily harassment, including questioning her competence, insubordination, name-calling, rumors, comments on her appearance, property damage, and unfair evaluation. She filed a complaint to city officials and received support from HR, but still faced harassment from some employees. She sued.

The appeals court affirmed a grant of summary judgment to the city. The court determined that the city "made a good faith effort" to deal with the co-worker harassment that the plaintiff was experiencing.he court concludes that "... because the City actually made several attempts to remedy the discrimination, the City has not exhibited 'such indifference as to indicate an attitude of permissiveness that amounts to discrimination."

Female supermarket bakery employee was repeatedly sexually harassed by a coworker who touched her buttocks, made dough into genitalia, demonstrated rape, showed sexualized Barbie dolls, told dirty jokes, baked sexually explicit cakes, and engaged in simulated sex acts with other employees. Complaints to managers were ignored, leading to a lawsuit for sexual harassment. What should the courts decide?

The court ruled that the harasser was an "equal opportunity harasser" who mistreated both males and females indiscriminately. The physical touching and sexual nature of the actions were not enough to prove that the harassment was "because of sex" as there was no evidence that the harasser was motivated by sexual attraction towards the victim.

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

True

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

birth of a child

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

harassment is legally actionable because it is a form of discrimination

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

presumptively discriminatory​

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. Group of answer choices since addictions are medical conditions under the ADA, you should make reasonable accommodations to modify her work schedule while obtaining treatment. 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. Current drug addictions are not disabilities under the ADA so you have no obligation to make reasonable accommodations.

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

A part-time clerk with glaucoma asked for a "day shifts only" schedule due to difficulty driving at night, but her supervisor denied the request. The woman provided a doctor's note, but the store did not change its position. Other attempts to arrange meetings failed. The woman eventually quit due to difficulty arranging rides. The question is whether the store failed to reasonably accommodate her.

Er won on summary judgement and was appealed. Er should have accommodated and switched her to the morning shift

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

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

False

​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? ​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 For the employee, because the customer has committed harassment, the employer knew about it, and did nothing ​for the employee, because the customer has committed harassment and the conduct happened at work. ​for the employer, because the customer has not committed harassment

For the employee, because the customer has committed harassment, the employer knew about it, and did nothing

Regarding vicarious liability for harassment and considering Table 8.1 in the text, which of the following statements is FALSE? If you client or customer harasses your employee and created a hostile environment, you will potentially be liable using a negligence standard. 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. 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. 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.

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.

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

The Rehabilitation Act​

n auto worker who had been on FMLA leave for a serious health condition was given clearance by her doctor and reported to work on June 27, 2000. She had previously worked on the engine line in a position that accommodated physical restrictions that she had from a back injury. The employee was told that no such positions were currently available. A "placement review" was conducted, but a position was not found until July 26. She returned to the engine line on July 31. However, this was a part-time position and she did not resume full-time work on the engine line until September 18. The employer contends that this delay was due to the combination of her unexpected return, a changeover in models that affected the production process, and the difficulty of finding a position that accommodated her physical restrictions. The employee sues. What should the court decide? Why

The appeals court affirmed the district court's award for the plaintiff (although it remanded for consideration of the exact day that the employee should have been reinstated). Employee has remedy under FMLA

A female prison librarian was harassed by a supervisor from another agency who made comments about spanking her, complimented her appearance, stared at her breasts, measured her skirt, and installed a security camera in her office. She complained to her immediate supervisor who took no action, and she believed she couldn't file a formal complaint due to her probationary status. After more than a year, she complained to another manager and an investigation was launched. She sued for harassment.

The appeals court affirmed the lower court's grant of summary judgment to the employer on the librarian's hostile environment claim.he court noted that the alleged harasser had never requested a sexual act, touched her inappropriately, discussed sexual subjects, showed her obscene materials, or threatened her. Additionally, the plaintiff did not claim that the conduct interfered with her ability to do her job

A company's attendance policy provides that seven chargeable absences within a twelve-month period subject an employee to termination. Categories of absence considered "chargeable"include late arrivals; early departures; unexplained absences; and absences related to illness, injury, or non-qualifying personal reasons. An employee was absent due to sickness. Because this was her sixth chargeable absence in twelve months, she received a final warning for habitual absenteeism. On October 15, she reported to work, told her supervisor that she was "sick," and left early. The supervisor did not inquire about her sickness or request medical documentation.Nevertheless, the employee submitted a form to the employer indicating that she was seen at theComprehensive Health Center that day and should be off work from October 15 until October19. The three days she then took off work resulted in another chargeable absence. She was subsequently terminated for excessive absenteeism. The employee, who was later diagnosed with a head tumor, sued. Did the employer violate the FMLA in enforcing its attendance policy?

The appeals court affirmed the lower court's grant of summary judgment to the employer. Calling in sick was not enough notice

A teacher with seasonal affective disorder was reassigned to a windowless classroom despite requests to move to one with natural light. A psychologist's letter supported her requests, but the school district refused. Her health deteriorated, leading to medical leave and eventually resignation. Another teacher offered to switch rooms and there was a vacant room with windows, but it was being reserved. The woman sued.

The appeals court reversed the district court's grant of summary judgment to the school districton the teacher's failure to reasonably accommodate disability claim.

n employee was hired and began work on August 25, 2005. His fiancée unexpectedly wentinto labor on August 8, 2006. The employee notified his supervisor of the situation andrequested to use several days of accrued paid leave. The request was granted. The employeereturned to work on August 16, 2006. The child had been born several months premature andwould remain in the neonatal intensive care unit for at least three months. The fiancée wasusing her own leave while their child was in the hospital. The employee informed the employerthat he would need to take FMLA leave to care for the child when the child returned home inmid-November of 2006. The employee was promptly terminated. His employer argued thatbecause the employee had not been employed for twelve months at the time of his terminationhe had no FMLA rights to assert. What should the court decide? Why?

The court denied the employer's motion to have the plaintiff's FMLA interference and/orretaliation claims dismissed. He failed to meet the 1250 hours

A photography studio hired a deaf employee who communicates in writing, gestures, and basic sign language. She was assigned to work primarily in the camera room during peak periods and cover all areas of responsibility during nonpeak periods. She requested an ASL interpreter, but none was provided. Her hours were eventually eliminated, and she was terminated. She sued, claiming discrimination.

The court found in favor of the employer, upholding summary judgment, on the basis that theemployee was not qualified for the position of performer, with or without a reasonableaccommodation. The court found that verbal communication skills were an essential functionof the performer position, especially because a performer had only 20 minutes to communicatewith young children for a photo shoot; notes and gesturing would not be adequate to addressthese requirements. In fact, the court found that the employee was unable to fully performthree of the four duties of a performer

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? The employer should change her work shift and if needed engage in an ongoing dialogue about reasonable accommodation needs. 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. If the employee could get a ride to and from work from family members, the employer could disregard her request for a shift change. 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.

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

A female employee at a car dealership was repeatedly touched on the thigh by a manager during meetings over a year. She complained to other managers but no action was taken. She sued for sexual harassment. What should the courts decide?

The employer's request to dismiss the plaintiff's hostile environment claim was denied by the court. The court found that the alleged acts of harassment, where a manager touched the employee's leg above the knee and under her skirt on four occasions, were severe enough to warrant a trial. The plaintiff had provided enough evidence for a rational jury to conclude that harassment had occurred.

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

The statements are both true.

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

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: 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 You should investigate the claim and report the harassment to your superiors You should promptly take steps to stop the harassment. You should work to create, educate and enforce an anti-harassment policy for your firm

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

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

a clear and accessible procedure for reporting harassment

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 hostile environment was created by the supervisor's conduct no sexual harassment was proven, because no demand for sexual favors was made no sexual harassment was proven, because no hostile environment was created the supervisor was a bully but did not violate the harassment laws.

a hostile environment was created by the supervisor's conduct

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

all conditions that require hospitalization

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

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

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

applies to private sector employers with 15 or more employees.

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

at least 1250 hours during the previous 12 months​

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

broadly interpreted

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

clearly identify the essential functions of jobs

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

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): employers are required to provide leave for childbirth and medical problems related to pregnancy employers are required to restore employees returning from pregnancy leave to their former jobs or equivalent positions employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end All of the answers are correct

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: an employer must maintain the health insurance for an employee reporting to military service for short stints of service (less than 31 days) 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 employers maintain health insurance coverage for their employees in military service beyond a period of 30 days

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

Under the FMLA: employers may require that any paid leave available to an employee be used and counted toward an employee's FMLA leave employers may require that the employee stay on leave longer than they need if it satisfies an administrative purpose or convenience for the employer 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 during a valid leave, the employee is protected or shielded from layoffs or termination that would have occurred anyway

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

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

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

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

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

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

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

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

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

A medical resident with Asperger's disorder had mixed evaluations from supervising physicians, citing communication and social competence issues. The hospital intended to terminate his residency, but he suggested that informing others about his condition could help. The hospital refused, but offered to help him find a residency in a field with less patient interaction. The resident sued.

he resident lacked the skills such as communication, self-awareness and relationship management. This was proved by his supervising physician's evaluation. These skills are a job necessity to any medical activity. Therefore, allowing him to pursue the program would lead to adverse impacts on the business. The hospital also tried to accommodate him to a department that required little interaction with patients. Thus, it followed the right work practice. Therefore, the hospital did not fail to reasonably accommodate the resident.

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

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

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

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

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

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? providing a part-time or modified work schedule transferring essential job functions to othersrelaxing a performance standard relaxing a production requirement

providing a part-time or modified work schedule

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:​ quid pro quo harassment ​cruel and unusual harassment ​severe or pervasive harassment ​same sex harassment

quid pro quo harassment

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

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

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

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

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

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

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

the harassment was unwelcome

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

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: to affirm the summary judgment ruling in favor of the male supervisor because no harassment was proven thereby ending the plaintiff's lawsuit. 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. to dismiss the case for failure to state a cause of action alleging either 'hostile work environment' or quid pro quo harassment. to reverse the summary judgment ruling in favor of the male supervisor because he was not the woman's supervisor

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.

In the situation of the profoundly deaf employee at a photography studio, the employee was not qualified because she could not perform many of the essential functions of the job. posed a direct threat of harm to others. prevailed because the employer should have provided an interpreter. 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.

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:​ ​the firm is using its affirmative action program to diversify its workforce ​when few English-speaking applicants or employees are available ​when communications are a significant part of the job in question, and the person's accent substantially interferes with the ability to communicate ​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

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

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?​ ​the employer did not violate the FMLA because the employee was granted leave ​the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave ​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 ​the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

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