Business Law Ch. 18

A plaintiff who proves unlawful discrimination may be awarded reinstatement and back pay, but not retroactive promotions.

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A promise that an employer makes in an employee handbook regarding discharge will not be considered part of an implied contract.

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A whistleblower is an employee who reveals confidential information about a fellow employee to an employer.

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All employers must provide their employees with up to twelve months of family or medical leave.

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All unemployed workers who are willing and able to work are eligible for unemployment compensation.

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An employer may avoid laws regulating monitoring activities by informing employees that they are subject to monitoring.

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Children must be at least thirteen years old to work in hazardous occupations.

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Employees are entitled to overtime pay only at their employer's discretion.

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Employees who receive tips on the job cannot be paid less in direct wages than the federal minimum wage.

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Employers can treat their employees more or less favorably based on their religious beliefs or practices.

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Sexual harassment occurs only if sexual favors are demanded of an employee.

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The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of national origin.

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The Civil Rights Act of 1964 does not protect against reverse discrimination.

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The Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males.

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Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.

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To hire employees from other countries, an employer must first obtain the approval of the U.S. Immigration and Customs Enforcement.

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Under federal law, only key employees who take temporary family or medical leave are entitled to job reinstatement.

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Whistleblower statutes protect employers who report their employees' wrongdoing.

F

Samson is a government employee. Samson is limited in drug testing by the

Fourth Amendment.

A key employee is defined as an employee whose pay falls within the top 10 percent of the firm's workforce.

T

An employee who is fired outside of the terms of an implied employment contract may succeed in an action for breach of contract.

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An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action.

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An employer may not hire an illegal immigrant under any circumstances.

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Both employers and employees contribute to help pay for benefits that will partially make up for the employees' loss of income on retirement.

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Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964.

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Disparate-impact discrimination occurs when a protected class of individuals is adversely affected by an employer's practices, even though they do not appear to be discriminatory.

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Employers cannot forbid their employees from participating in any religious activity.

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Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.

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Only the federal government sets safety standards governing workplaces.

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Protection against discrimination under the Civil Rights Act of 1964 does not extend to individuals who are harassed by members of the same gender.

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Under the Age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person "outside the protected class."

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Under the Americans with Disabilities Act of 1990, an employer must hire unqualified applicants who have disabilities.

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Under the employment-at-will doctrine, an employer can end an employment relationship at any time.

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When the harassment by co-workers creates a hostile working environment, an employee may have a cause of action against the employer.

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Whistleblower statutes protect employees from retaliatory discharge.

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Workbilt Hardware Company employs workers, including Gina, at six locations in two states. Workbilt's discharge of Gina outside the terms of an employment contract may result in

Workbilt's liability for damages.

Machine Corporation requires its employees to have a high school diploma, claiming a definite connection between a high school education and job performance. In a suit against Machine Corporation under Title VII, this requirement is shown to have a discriminatory effect. The employer has

a business necessity defense.

Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is

a constructive discharge.

Erasmus files a suit against Drain-Pro Plumbing & Repair LLC under the Civil Rights Act of 1964, claiming reverse discrimination. To support this claim, Erasmus must show that he is a member of

a majority group.

Svetlana, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on

age.

Thelma is an employee at Foreign Food Mart. Thelma is called for jury duty and as a result cannot work her scheduled shift at Foreign Food Mart. Foreign Food Mart fires Thelma. This is a violation of

an exception based on public policy.

Jo works for Tall Tales Publishing, Inc. The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA) is based on her

annual wage base.

Tyrone is seventeen years old. Under the Fair Labor Standards Act, he

cannot work in a hazardous occupation.

Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is

disparate-impact discrimination.

Olivia applies for a job with Petro Company. Petro does not hire Olivia because of her ethnicity, or national origin. This is

disparate-treatment discrimination.

Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for

each new hire.

Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than

forty hours in a week.

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of

gender.

Clive works for Digby Excavation Corporation. While operating a backhoe, Clive suffers an injury. Clive will be compensated under state workers' compensation laws only if

his injury was accidental.

Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability. Refer to Fact Pattern 18-1. To successfully defend against Beth's claim, COC will have to show that

COC cannot make changes to the doors without undue hardship.

Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability. Refer to Fact Pattern 18-1. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that

COC refused to make reasonable accommodation for Beth.

Cody believes that Delta Corporation has discriminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that

Cody is a member of a protected class.

Jason and Katrina work on the loading dock for Longhaul Transport Company. Jason has a disability. Katrina has seniority. Jason asks for a transfer, which would represent an accommodation for his disability. Longhaul gives the transfer to Katrina on the basis of her seniority. Jason files a suit against Longhaul for discrimination on the basis of his disability. The court is most likely to rule that

Katrina's seniority is a good defense.

Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico. Due to the location, it would be easier for Southwestern to employ noncitizens. With respect to persons not authorized to work in the United States, an employer can

not hire them, recruit them, or refer them for a fee.

Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race. Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination. Sarah must show all of the following except that

other people of her race hold similar positions with other employers.

Big Drill Oil Company employees one hundred workers. Big Drill must do all of the following except

pay employees higher wages for working in more dangerous areas.

Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some employees will be discharged. Ruth tells Tim that if he has sex with her, he can keep his job. This is

quid pro quo harassment.

Elsa participates in a Title VII investigation at the firm where she works. As a result, Elsa's employer demotes her. Elsa can file a

retaliation claim.

Melanie files an employment discrimination suit against Natural Gas Industries Corp. under Title VII on a disparate-impact theory. To succeed, Melanie must show that a protected group of people are adversely affected by any of the following except the employer's

seniority system.

Conrad and Delilah are employees of AgriBio Feed & Seed Corporation. Under the Equal Pay Act of 1963, AgriBio can legitimately pay different wages on the basis of

seniority.

Dakota believes that Credit Services Corporation (CSC) has discriminated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act of 1964. To establish a prima facie case of employment discrimination, Dakota must show that

she is a member of a protected class.

Paula, a disabled person, applies for a job at Quantity Corporation for which she is well qualified, but for which she is rejected. Quantity continues to seek applicants and eventually fills the position with a person who is not disabled. Paula is most likely to succeed in a suit against Quantity for discrimination under the Americans with Disabilities Act of 1990 if she can show that

she was not hired solely because of her disability.

Mythic Games Company employs two hundred workers full-time. If Mythic Games plans to have a mass layoff, it must provide its employees with at least

sixty days of notice.

Quinn is an employee of Regional Industries, Inc. Quinn is threatened with a discharge when he refuses a transfer to a Regional department in which several employees suffered serious injuries from exposure to hazardous chemicals. Quinn may be entitled to protection from discharge under

the Occupational Safety and Health Act.

Network Industries, Inc., wants to monitor its employees' electronic communications. To avoid liability under laws related to employee monitoring, Network should announce the monitoring to

the employees.

Hu, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by

the employer.

Café Cuisine Dining, Inc., employs one hundred workers at three locations in two states. Under federal law, Café Cuisine must provide its employees, during any twelve-month period, family or medical leave of up to

twelve weeks.

Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Fruits & Vegetables can hire illegal immigrants

under no circumstances.

Marvin is an employee of Wild Thing Farms. Marvin finds out that the head of Wild Thing Farms is illegally importing endangered animals to sell as pets. If Marvin reports his employer's illegal activities he will probably be protected fro retaliatory discharge by

whistleblower statutes.