Employment Law
The EEOC monitors compliance with the federal anti-discrimination laws. The EEOC (can/cannot) sue organizations that violate these laws.
Can
The California counterpart of the EEOC is called the:
DFEH (Department of Fair Employment and Housing)
The California law that corresponds to Title VII is called the
FEHA (Federal and Equal Housing Act)
True or False. A plaintiff does not have to exhaust his/her administrative remedies in an employment action.
False
True or False. California is not an employment-at-will state.
False
True or False. If the EEOC does not investigate a claim, the victim has no other option.
False
True or False. There are no exceptions to the employment-at-will doctrine.
False
True or False. In a sexual harassment case, an employer cannot be held liable for the actions of a non-employee.
False; example of UPS guy.
True or False. In a sexual harassment case, an employer cannot be held liable for the actions of an employee.
False; in the case of a supervisor it is a strict liability.
True or False. All employers are subject to Title VII of the Civil Rights Act of 1964.
False; only with 15 employees or more.
If the EEOC does not sue, the victim (may/may not) sue.
May
A victim files a claim with the EEOC, which investigates and (must sue/may sue) if a settlement between the parties is not reached.
May sue
On proof of discrimination, the victim may be awarded
Reinstatement, back pay and retroactive promotions
True or False. Discrimination complaints brought under federal law must be filed with the Equal Employment Opportunities Commission (EEOC)
True
True or False. Disparate treatment discrimination occurs when an employer intentionally discriminates against an employee.
True
True or False. Employers do not have to pay overtime wages to exempt employees.
True
True or False. Employment discrimination against persons with physical or mental impairment that substantially limits their everyday activities is prohibited.
True
True or False. Once an affirmative action program has succeeded, it must be changed or dropped.
True
True or False. There is an implied contract in every employment relationship.
True
True or False. Title VII prohibits employers and unions from discriminating against persons because of their religion.
True
True or False. Women affected by pregnancy must be treated for all job-related purposes the same as persons not so affected but similar in ability to work.
True