Employment Law

John and Joan are both supervisors at a store. John has worked there for twenty years and Joan for fifteen years. Joan is only paid half what John makes. Under the Equal Pay Act (EPA):

John and Joan must be paid the same if their job responsibilities are substantially similar John may be paid more than Joan under a bona fide seniority system John may be paid more than Joan under a bona fide merit system ALL OF THESE

Using the ________, if an employee is on company property, the courts generally find that she was on the job for the purposes of receiving workers' compensation

Premises rule

Which of the following is not a defense available in response to Title VII claims?

Americans with Disabilities Defense

When determining whether men and women do equal work and deserve the same pay under the EPA, what factor do courts not consider?

Skill Effort Responsibility Working conditions ALL OF THESE FACTORS HELP THE COURT DETERMINE WHETHER THE WORK WAS EQUAL

Which title of the Civil Rights Act (CRA) of 1964 governs civil rights in employment situations?

Title VII

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 cannot be fired for being a whistle-blower

Which class is protected under the Age Discrimination in Employment Act (ADEA)?

Ages 40 and up

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

False

Title VII of the Civil Rights Act applies to all employers

False

Workers' compensation laws are primarily federal laws

False

Same-sex harassment is not covered by the Civil Rights Act

False

Employees are protected in the workplace by federal laws only

False

What is the most common exception to the employment-at-will doctrine?

Implied-contract exception

Which of the following is not a valid reason to fire an employee under the employment-at-will doctrine?

Race

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."

The ADEA does not apply because it applies to employers having 20 or more employees only

__________ is the organization that enforces the Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Administration

What is the first thing a plaintiff should establish to prove a case based on disparate impact?

The rule disproportionately restricts employment opportunities for a protected class

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

True

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

True