ER - QUIZAM 2
After their recent debacle with sales quotas, Wells Fargo discovered that the majority of those terminated or who voluntarily left were women or minorities. Said differently, most of the lower level employees seemed to be members of protected groups with senior level positions reserved for white men. Accordingly, there is an appetite for implementing a voluntary Affirmitive Action program. What must Wells Fargo do to satisfy the requirements of "reasonable self analysis" and a "reasonable basis for action?"
Everything BUT - Admit to problematic behavior
True or False - Religious organizations may establish religion as a BFOQ of any position within the organization
False
True or false - an employer must create a position for an employee who is or has become disabled
False - no such requirement
Employers are prohibited from establishing standard requirements for when a pregnancy leave must begin or end
The Pregnancy Disability Act
A local Catholic high school has just learned that one of its teachers is a lesbian and has been part of a monogymous relationship with her partner for 5 years. The administration feels that she is a bad role model for students. Can the school terminate the teacher.
yes because the institution is catholic and entitles to follow the laws of the church
Employers may unilaterally set Leave policy for bereavement but may not do so for this under the jury system Improvements Act or USERRA
Jury Duty and Military Leave
In general, English only rules in the workplace are viewed as this
Presumptively discriminatory
These are the 2 primary types or forms of sexual harassment in the workplace
Quid pro quo and hostile environment
The Bakke case of 1978 prohibits the use of these in any AA plan
Quotas, set asides or one for one hiring/ promotions
The primary standard to show hostile environment harassment is that it is ....
Severe and pervasive in addition to being unwelcome
Allowed as part of Affirmative Action programs
-Having preferences in employment (women, diversity) -Goals/targets (diversity) -Remedy under rep./under utilization
Affirmative Action programs are required under these circumstance
-most federal contractors (such as Raytheon and Pratt & Whitney) -remedy under court/settlement
All Affirmative Action programs must meet the following criteria
-they must pass "strict scrutiny" -they are temporary in nature with a stipulated ending date -address manifestation -EVERYTHING, besides having to go to court
Under the FMLA, emplyees are entitled to this amount of unpaid leave under certain qualifying conditions
26 weeks per year
Under the FMLA, "serious health condition" can include and condition that results in a period of incapacity for this duration of time
3 days
These are 3 prongs used to determine if an employee is disabled under the Americans with Disabilities Act
A limiting condition, record of treatment or perceived disability
Regarding religious accommodation, an employee must demonstrate that a conflict exists between their sincere belief or practice and this
A requirement of employment
The following are example of a "qualifying event" under the FMLA except:
A workplace accident that results in lost time
Joseph is a devout Christian whose LinkedIn page lists his occupation as "Follower of Jesus." He has recently been wearing a pectoral to work. A pectoral is a large cross worn as a necklace by many Orthodox Christians. Your dress policy prohibits the wearing of "flamboyant" jewelry such as hoop earings or the like, but is silent about religious items. What should you do? A. Demand that Joseph conform to the dress code and not wear the pectoral B. Ask if his wearing of the pectoral is required by his religion or just his choice C. Allow him to continue to wear the pectoral assuming there is no safety risk D. Wait until someone complains
A. Demand that Joseph conform to the dress code and not wear the pectoral
Amr has asked if he can take 15 minute breaks from work in the morning and afternoon to pray. He has also asked if there can be a designated space where he and other Muslim employees can say their morning and afternoon prayers. How should you respond.
Accommodate Amr's request by making the time available and designating a space for them to pray
Bob is a Captain in the Rhode Island National Guard. Recently during hurricane season, he was deployed to Puerto Rico for a week to help relocate citizens. What are Bob's rights in this instance?
All are correct besides - C. None: he is vulnerable to reassignment or termination by his employer
An employee named Kate has asked that she now be referred to as Rebecca because she has joined a new church called the "Original Covenant of the True Universal Force." She has also asked to leave work early on Wednesdays so that she can attend healing services. What should you do?
Allow her to leave early on Wednesdays assuming you can cover her shift and that it does not pose an undue hardship
The FMLA applies to: a.All employers b.All governmental agencies c.Employers with 50 or more employees d.Only employers who extend PTO benefits
B. All governmental agencies c. Employers with 50 or more employees
Reverse discrimination equals
Disparate treatment (being treated differently because of gender, race, etc.)
Essentially, sexual harassment is a form of discrimination more specifically
Disparate treatment based on sex
When a manager is found to have sexually harassed an employee, who can be held liable for any damages suffered by the employees?
Both the organization and the manager
Andi Smith is a CPA and associate at Dewey, Cheatem and Howe Accounting. She is competent in her work. Her dress and manerisms are quite androgynous, to the point where some of her co-workers have sereptitiously discussed whether or not Andi is transgender. She has never been assigned to handle some of the firm's larger and more important clients because management feels that Andi is not "female enough" and makes clients uncomfortable. Additionally, she does not personify the image that the firm wants to project. During a recent "stay interview" with Andi, she mentioned that she perceives that she will have limited career opportunities at the firm becauase she does not conform to the traditional gender role standard. What if anything should you do? A.Nothing. Andi does not enjoy any protections even if she is transgender B.Follow up with Andi and validate that her perceptions of having limited career opportunities at the firm are accurate C.Discuss the content of the stay interview with senior managers encouraging them to put Andi on a team that services a high profile client D.Begin recruiting for Andi's replacement as she will likely leave shortly
C. Discuss the content of the stay interview with senior managers encouraging them to put Andi on a team that services a high profile client
Al works as a custodian at a large university. He suffers from acraphobia; a fear of heights. For the past few years he has been able to avoid tasks such as changing light bulbs through informal agreements with co-workers. Recently, however, his supervisor retired and his new boss is insisting that he perform all jobs needed within the building to which he is assigned. Al has come to you looking for some accommodation. He has documentation from a psychiatrist about his phobia. What should you do? A.Grant the accommodation as requested B.Make sure the job description lists "changing light bulbs" as an essential job function C.Meet with the new supervisor and Al to see if another informal arrangement can be worked out D.Tell Al that because the previous arrangement was informal and there is no record of his accommodation, nothing can be done at this time
C.Meet with the new supervisor and Al to see if another informal arrangement can be worked out
These are court ordered Affimative Action plans designed to remedy blatant discriminatory practices
Consent decrees
If an employee leaves an organization as a result of being harassed, he/she can later take legal action based on the following concept
Constructive discharge
Reverse discrimination is essentially what type of discrimination?
Disparate treatment
These organizations are required to have Affirmative Action programs due to Executive Orders
Government agencies and Contractors to the Federal Government
When crafting a voluntary Affirmative Action program, an organization must demonstrate this in its workforce analysis
Manifest imbalance or underrepresentation
Eric has just joined a company in the heart of the Bible Belt. Several of the managers there begin meetings with a short prayer, inviting each team member to lead the prayer on a rotating basis. Eric, and agnostic, does not really object to the practice but does not want to lead a prayer. He has mentioned his discomfort to his manager and to you in HR. What actions, if any, should you take?
Meet with Eric and the manager to determine an alternative that would be satisfactory to both
A municipal fire department has an undisputed underrepresentation of women. The department includes all women who apply and pass a written in the selection pool. For men, there is a lottery for to select those who proceed to the selection pool. Is this practice permissable. Why or why not?
No, it's not allowed. - It's a dangerous job, you want the people most qualified to do it. -Also, the process is different for females and it should not be.
Marvin Gardens works for a property management company. The company has a published Diversity and Inclusion program. The organization uses cognitive ability testing at pre employment and adds points to the results for minorities and women seeking employment. The company defends its use of the practice by stating that they do not have a voluntary AA program, just a Diversity and Inclusion program. Is this defense lawful?
No. You can't do anything unlawful, such as adding points.
Sarah has been designated as a "key employee" by her company. this means she is among the top 10% of the organization's employees. Accordingly, her company may . . .
Not deny her but not restore her to her primary job upon return if her leave would result in a "substantial and gevious economic injury to the company"
In order to be considered a "serious health condition" the primary consideration is
The period of incapacity must be at least 3 days
Bill is a member of the California national guard. He has been deployed to active duty twice within the last five years. The first time extended to 8 months, the second was 14 months. What are the company's obligations to Bill under the Uniformed Services Employment and Redeployment Rights Act (USERRA)?
They have to treat him as if he is not absent - when they return, they must be able to get their job back
With regard to the effects of Affirmitive Action Programs, research shows that the following statements are true.
True- a. Those recruited under AA programs appear equally qualified b. Those women and minorities hired under AA programs appear slightly less qualified c. The job performance of those hired under AA programs appears to be equal. d. Training opportunities for those hired under AA programs seem to be more abundant. Wrong answer - There appears to be no difference in any of these areas of employment practices.
An employer may refuse to provide a particular request for accommodation under the ADA using this agreement
Undue hardship
Professor Picup Andropov is a world renoun professor of Russian History. He has started teaching at a local college, but many students complain that he is so heavily accented that they often do not understand what he is saying. Can the college refuse to renew his contract based on these complaints?
Yes
Sally has been treated for alcohol abuse twice before. She has been sober for 5 years. Is she considered to be disabled under the ADA? a.Yes, because there is a record of treatment b.No, she is now and has been sober for an extende period of time and her disability no longer substantially limits a major life function
Yes, because there is a record of treatment
Two employees asked if they could extend their lunch hour to vote in the presidential election. Because the lines were long, they were gone for more than two hours. Should they be paid for the time they missed?
Yes, but only if they use PTO
Joe has been called for jury duty on a high profile case. Jurors are likely to be sequestered and the trial is expected to last six weeks. What are his employer's responsibilities with regard to safeguarding his postion and paying him?
You do have to give the person the time off to serve, not required to pay them, but required to keep their job. Most pay - exceptional case for an exceptional period of time.
Samantha is a health care professional who works in a clinic at a large university. She recently became a "born again" and is fervently pro-life. Students often times present asking for a "morning after" contraceptive. She has started to refuse to dispense the item to students. What should be done in this situation?
ask samanatha and co-workers to figure out a way that she does not have to be directly involved in dispensing that particular item
A month after Kate/Rebecca made her requests, she started to hand out flyers to coworkers about her new church. She insists that she has a duty to prosletize and convert "infidels." She also insists on burning a candle in her office. No one has complained. a. Ask her to cease and desist; that is stop passing out pamphlets and burning the candle b. wait until someone complains c. ignore her hoping she will lose interest
a. Ask her to cease and desist; that is stop passing out pamphlets and burning the candle
The DOL defines reasonable Affirmative Actions as those that include the following a.Goals for improving underutilization of women and minorities b. Timetables for the achievement of goals c.Proof of enhanced HR practices in the recruitment, selection, training and culture of the organization before setting goals. d. Good faith efforts in implementing the program goals.
a. Goals for improving underutilization of women and minorities b. Timetables for the achievement of goals
The primary difference(s) between accommodation for religion vs. disabilities is/are: a. The employer's responsibility to accommodate disabilities is greater than for religion b. It is easier to establish entitlement to accommodation for religion than for disability c. It is easier to establish entitlement to accommodation for disability than for religion d.There are no discernable differences between the two
a. The employer's responsibility to accommodate disabilities is greater than for religion
Frank walks with a pronounced limp and has as long as anyone can remember. While no one is quite sure why, but he is generally perceived to be disabled. Should he ask for reasonable accommodation, is he entitled to it? a.Yes b.No, not without documentation
a. Yes
Employers do not have to accommodate for disability or religion if the accommodation presents an "undue hardship." An undue hardship can be demonstrated by employers in which of the following ways? a.Calculating the cost of making the accommodation and showing that its excesive b.Showing that seniority rules would be compromised c.Showing that even if the accommodation is made, the essential job functions could not be performed d.Demonstrating that an alternative accommodation that is more reasonable is readily available
a.Calculating the cost of making the accommodation and showing that its excesive b.Showing that seniority rules would be compromised d.Demonstrating that an alternative accommodation that is more reasonable is readily available
The following are considered to be a disability because they "substantially limit one or more major life activities."
a.seeing, hearing, eating and speaking b.bodily functions such as bladder or bowel control c.mental abilities such as autism or dislexia d.drug use under a doctor's prescription and on label use e.addictions to alcohol or drugs
Your friend has a small family owned restaurant that is similar to Hooters in theme. More specifically, it employs only female servers who are required to wear low cut shirts and micro skirts. You are aware that the EEOC has just settled a case with Hooters requiring them, in part, to hire male servers. What advice would you offer to your friend in terms of his hiring and dress policies?
c. Establish targets for hiring male services in the restaurant.
Reasonable accommodation on the basis of religious practice is based on: a. The Religious Freedom Act of 2014 b. The First Amendment to the US Constitution c. Title VII of the Civil Rights Act of 1964 d. State and Municipal protections e. All of the above
c. Title VII of the Civil Rights Act of 1964
Jose is an employee at a company with a bereavement policy that includes only immediate family. Jose's aunt recently died. Because Jose became an orphan at a young age, he considers the deceased to be his mother and has requested 3 days of paid bereavement leave under the policy. What should be done? a.Grant the paid leave given the circumstances b.Grant the leave of three days but unpaid c.Grant only a one day paid leave as stipulated for extended family d.Insist that Jose bring a notarized copy of the death certificate e.Allow Jose to take additional time off, unpaid but allow him to apply any other accrued PTO
c.Grant only a one day paid leave as stipulated for extended family e.Allow Jose to take additional time off, unpaid but allow him to apply any other accrued PTO
Sarah is an employee at ABC Manufacturing. She is 20 weeks pregnant and has notified her employer of that fact. She works in an area where there are hazardous materials present. The company has told Sarah that she can either be reassigned to a different area at lower pay or must take unpaid leave. Is this a violation under the Pregnancy Discrimination Act. a.No, the company has a policy that "light duty" assigments can be made in the event of a work place accident and is "pregnancy blind" b.No, the Fetal Protection Act warrants the reassignment. c.No because not being pregnant is a BFOQ given the presence of the hazmats d.Yes, Sarah is being treated differently because she is pregnant
c.No because not being pregnant is a BFOQ given the presence of the hazmats
Sam has irritible bowel syndrome. He has asked to work from home so as to be more comfortable. His employer has engaged in an "interactive process" with him and has suggested that he work on site and that his office be moved closer to a rest room. Sam is not accepting of that arrangement feeling that he would be shamed and embarassed by it. What should happen? a.The employer is required to let Sam work from home b.Sam should agree to the counter proposal as it is reasonable c.Sam and his employer should continue to engge in an interactive process to provide a satisfactory accomadation
c.Sam and his employer should continue to engge in an interactive process to provide a satisfactory accomadation