Module 4 Self Assignment

Which class is protected under the Age Discrimination in Employment Act (ADEA)? Ages 12-20 Ages 20-60 Ages 40-60 Ages 40 and up All American workers

Ages 40 and up ADEA does not protect all individuals from discrimination based on age but protects only those age 40 or over

Employees are protected in the workplace by federal laws only True False

False Employees are protected in the workplace by federal laws as well as state laws

Normally, employees who deal with third parties are not deemed to be agent True False

False Normally, employees who deal with third parties ARE deemed to be agents

The concept of at-will employment is a relatively new concept, created in the 1950's True False

False The concept of at-will employment started during the eighteenth and nineteenth centuries when employees had no protection in the workplace

Workers' compensation laws are primarily federal laws True False

False Unlike many other laws affecting the employment relationship, workers' compensation legislation is purely state law

Which of the following is not a valid reason to fire an employee under the employment-at-will doctrine? Lied to supervisor Race Political party Missed work twice No reason

Race Under the employment-at-will doctrine, it is not permissible to fire an employee because of either race or gender

Joy is a 48-year-old waitress for a Mom-and-Pop restaurant employing 15 employees. Joy was up for a big promotion to be the shift manager of her company. Joy really thought she had the job, but she didn't get it. When she asked her boss why she was not promoted, he said, "You were just too old. We want someone who can serve in this position for 20 years and stay with the restaurant for the rest of their long life." In this situation: The ADEA does not apply because it applies to employers having 20 or more employees only Joy is protected under the ADEA, and the ADEA applies in this case Joy is not part of the statutorily protected class of the ADEA The employer cannot refuse to promote Joy because it is illegal to discriminate against anyone because of age The ADA would protect Joy and help her get the promotion

The ADEA does not apply because it applies to employers having 20 or more employees only The Age Discrimination in Employment Act (ADEA) of 1967 was enacted to prohibit employers from refusing to hire, discharging, or discriminating in terms and conditions of employment against employees or applicants age 40 or older. ADEA applies to employers having 20 or more employees

Which of the following is not a defense available in response to Title VII claims? Americans with Disabilities Defense Bona fide occupational qualification Seniority system defense All of these are defenses to Title VII claims Merit defense

Americans with Disabilities Defense The three most important defenses available to defendants in Title VII cases are the 1) bona fide occupational qualification, 2) merit, and 3) seniority system defenses

Tyler worked full-time as a maintenance worker at a factory. One day Tyler was fired. Under what circumstances below would Tyler be able to collect unemployment compensation under Federal Unemployment Tax Act? He was fired because he stole supplies from the factory He was fired as part of a reduction in force due to a slow economy He left because the company would not give him a raise All of these

He was fired as part of a reduction in force due to a slow economy The Federal Unemployment Tax Act (FUTA) created a state system to provide unemployment compensation to qualified employees who lose their jobs. Under this law, employers pay taxes to the states, which deposit the money into the federal government's Unemployment Insurance Fund. Each state has an account from which it can access money in accordance with state eligibility rules. States have different minimum standards for qualifying for unemployment compensation, although MOST require that the applicant did not voluntarily quit or get fired for cause (for example, for stealing)

_________ is the organization that enforces the Occupational Safety and Health Act (OSHA) The Justice Department The Securities and Exchange Commission The Food and Drug Administration The Consumer Product Safety Commission The Occupational Safety and Health Administration

The Occupational Safety and Health Administration The Occupational Safety and Health Administration is responsible for setting safety standards under OSHA, as well as enforcing the act through inspections and the levying of fines against violators

Which of the following does an employee not need to demonstrate to recover benefits under workers' compensation? The injury was serious enough to require inpatient hospital care He is an employee The injury occurred on the job All of these Both the employer and the employee are covered by the workers' compensation program

The injury was serious enough to require inpatient hospital care To recover benefits, the injured party must demonstrate that (1) he or she is an employee, (2) both employer and employee are covered by the state workers' compensation program, and (3) the injury occurred on the job

A person must have contractual capacity to enter into an agency contract as a principal True False

True

It is usually more difficult to prove disparate impact discrimination in employment under Title VII than disparate treatment True False

True While it is difficult to prove disparate treatment, it is even more difficult to establish disparate impact

What is the first thing a plaintiff should establish to prove a case based on disparate impact? There were unwelcome sexual advances in the workplace The "necessity" was promulgated as a pretext for discrimination The rule disproportionately restricts employment opportunities for a protected class The practice or policy in question is a business necessity None of these

The rule disproportionately restricts employment opportunities for a protected class The plaintiff proves a case based on disparate impact by first establishing 1) statistically that the rule disproportionately restricts employment opportunities for a protected class

Tom works as a mid-range executive at a brake pad manufacturing firm. In the course of his duties, he finds out the chief officers are committing tax fraud and running a pyramid scheme through the company's resources. He decides to inform the authorities about the officers. What can we say about Tom? Tom can only be fired if the employee handbook says whistle-blowing is banned Tom cannot be fired for being a whistle-blower Tom cannot be fired due to the implied-contract exception Tom can be fired for no reason under the employment-at-will doctrine Tom cannot be fired due to the implied covenant of good faith and fair dealing exception

Tom cannot be fired for being a whistle-blower The public policy exception prohibits employers from firing employees engaged in activities that further the public interest. Protected activities vary among states and include, but are not limited to, - serving on jury duty, - doing military service, - filing for or testifying at hearings for workers' compensation claims, and - whistle-blowing

Two forms of sexual harassment are quid pro quo and creation of a hostile work environment True False

True