Chapter 7, 10, 8, 17 and Case Employment Law
List the two ways a case passes strict scrutiny
Needs to be of "compelling governmental interest," Narrowly tailored to the law to create the interest
A petrochemical firm claimed that being a male was a BFOQ for the position of VP of International Operations because Latin American clients would refuse to deal with a woman, and that she would be unable to conduct business from hotel rooms. Was this enough to establish BFOQ?
No
Generally, employer may conduct work place searches, subject to the Fourth Amendment (Public employees) and privacy torts (particularly intrusion upon seclusion) True/False
True
If an employer can establish a BFOQ, the practice is legal. The a Facially Discrimination policy is permitted True/false
True
Illegal drug users are not disabled under the ADA, but people who are undergoing or have completed drug rehabilitation and are not currently using illegal drugs are protected by the ADA. True/False
True
It is more difficult for employees to establish entitlement in the case of disabilities than in the case of religious beliefs. True/False
True
Major bodily functions such as brain, bladder, normal cell growth, & immune system functioning. True/False
True
Many steps taken in support of affirmative action are neutral (announcing hiring or promotion announcements widely, encouraging diverse applicants) and do not leave anyone worse off or raise issue of discrimination. True/False
True
Medical information protected under the ADA should be made available to managers, supervisors and first aid personnel for reasons of reasonable accommodation and treatment True/False
True
Often, people are unaware that discrimination plays a role in decisions. True/False
True
One who is disabled and qualified, but who poses a "direct threat" to the health and safety of herself of others (which cannot be eliminated by reasonable accommodation) is not qualified. True/False
True
People with a record of a disability are protected under the ADA. True/False
True
Religion is not only something that a person is, but also something that is expressed through words and deeds. True/False
True
Religious organizations can limit employment to or have a preference for persons sharing the same faith. True/False
True
Reverse Discrimination for Affirmative action means the inquiry is whether, and to what extent, may protected class characteristics be taken into account for the purpose of undoing past discrimination toward women and persons of color. True/False
True
The ADA does not contain a list of covered disabilities, but the EEOC identified some which should qualify (deafness, autism, diabetes, etc.). True/False
True
The ADA has been amended by the Americans with Disabilities Amendments Act of 2008, which was designed specifically to overturn several Supreme Court decisions that had narrowed application of the ADA's protections in a way that was contrary to the intentions of Congress when it originally enacted the ADA in 1990. True/False
True
The BFOQ defense NEVER applies to race True/False
True
The EEOC treats as religious: "...moral and ethical beliefs as to what is right and wrong which are sincerely held with the strength of religious views True/False
True
The exception to the Electronic Communications Privacy Act is that business can intercept electronic communication, as long as it is done for business purposes True/False
True
The inability to concentrate, think, communicate, work, stand, lift, bend, and breath are all actual disabilities under ADA. True/False
True
The religious advocacy of one employee can be the hostile environment - based on unwelcome, pervasive religious communications - of others True/False
True
This exemption now includes not only religious activities, but also secular endeavors such as schools, hospitals, and shops, at least when they are non-profit organizations. True/False
True
Though ADA's definition may seem broad, courts have interpreted it narrowly, leading to the new amendments. The focus will now be on whether entities covered by the ADA have complied with their obligations True/False
True
Title VII contains a religious organization exception that absolves religious organizations from any liability for discriminating on the basis of religion. True/False
True
To avoid establishing glass ceilings, Employers should examine the protected class composition of positions from which promotions are made and the manner in which key projects and other developmental opportunities are assigned. True/False
True
Under the ADA amendments, this prong is satisfied by showing that the plaintiff was subjected to discrimination "because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. True/False
True
Under the ADA, a disabled person's ability to perform a job must be judged only in relation to the essential functions of the job in question. True/False
True
Under the ADA, employers are required to make reasonable accommodation unless doing so would impose an undue hardship on the business. True/False
True
Undue hardship is established if the action would involve significant difficulty or expense, in relation to the size of the firm and its resources. True/False
True
You can obtain consent from employees to circumvent the law True/False
True
(T/F) Generally, the Court has found that a school admissions policy that automatically awards minority group applicants a specified number of points violates the equal protection clause.
True Because points go to far and do not survive strict scrutiny
A method for determining the constitutionality of a statute that restricts the practice of a fundamental right or distinguishes between people due to a suspect classification. A) Compelling governmental Interest B) Narrowly tailored C) Americans with Disabilities Act
A)
A person's disability must substantially limit one or more major life activities. All of the following count except A) Caring for others B) Performing manual tasks C) Seeing, hearing eating, and Speaking D) None of the above
A)
Is a legal term that refers to a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity which puts the person in a false light to the public. A) Electronic Communications Privacy Act B) Placement in false light C) Appropriation of a name or likeness
B
A firm when a discrimination suit results in a settlement or court order that includes affirmative action as a remedy, are required to take A) Racial Action B) Affirmative action
B)
A retailer required female clerks to wear maternal looking smocks, while male clerks wore business attire. This policy constituted discrimination on the basis of a sexual stereotype This is an example of A) Sex Plus Discrimination B) Sex Stereotyping C) All of the above
B)
Actions performed by employees relating to the kind of work that they were hired to perform; taking place substantially within the workplace during work hours; and serving, at least partially, the interest of the employer A) Negligent Hiring B)Scope of Employment C) Felony
B)
Affirmative Action has been see as a management tool designed to ensure A) Equal Racial Treatment B) Equal employment opportunity C) Equal Gender Opportunity
B)
Affirmative action can be us as part of a judicially approved settlement between parties. This is known as A) EO 11246 B) Consent Decree
B)
An employee has to have a particular belief in God or a deity in order to be accommodated. True/False
False
Genetic Testing is used widely as an accepted practice in hiring employees True/False
False
The ADA cotains a list of covered disabilities. The EEOC identified some which should qualify (deafness, autism, diabetes, etc.). True/False
False
Using affirmative action means establishing quotas or reserving opportunities solely for persons with the desired class characteristic, regardless of their qualifications. True/False
False
Each Tort depends on the plantiff's state of mind True/False
False Defendants
An employer's obligation to reasonably accommodate a Religion is more extensive than the requirement to accommodate a disability. True/False
False Disability is more extensive
Subjectivity in the interviewing of candidates for employment tends to be low true/false
False HIgh
Affirmative action is required in all companies True/False
False Most companies that sell goes and services to the federal government
, the Rehabilitation Act of 1973. Applies to Private Sector employees True/False
False Public Sector employees
Those who are mistakenly perceived as disabled are not protected under the ADA True/False
False The are protected under the ADA
Privacy Protections are constitutional True/False
False They are common law
An employer would have to provide reasonable accommodations for workers who were asked to get coffer for others, or lift boxes of copier paper. True/False
False They are not essential functions
Court-imposed affirmative action is common and many police and fire departments have operated under such decrees True/False
False it ins not common
Why does an HIV positive person not count as a qualified individual with a disability? True/false
HIV positive do not pose a direct threat themselves or others True
reserves the right of American citizens to accept any religious belief and engage in religious rituals. Free-exercise clauses of state constitutions which protected religious A) Free Exercise Clause B) Establishment Clause C) Reasonable Establishment clause
A)
What is an employer's defense against a disability case?
Accommodation causes undue hardship
When is a court likely to recognize a claim for the equitable remedy of promissory estoppel A) When a protected class has been afflicted B) When employee has relied on employer detriment on the promise (relocating, buying or renting residence) C) All of the above
B)
What are the three prongs of establishing a disability
Actual disability Record of disability Perceived disability
Is the legal principle that a law be written to specifically fulfill only its intended goals. This phrase is most commonly invoked in cases which involve racial discrimination by creating racial distinctions. A) Americans with Divisibility Act B) Reasonable Accommodation C) Narrowly tailored
C)
Which of the following describes Strict Liability tort A) Liable for actions because of who they are B) Consumer protections/products liability C) All of the above
C)
Which of the following fall under the elements of reasonably accommodating religion A) A reasonable accommodation was offered, but not accepted B) No reasonable accommodations was available that would impose an undue hardship on the employer C) All of the above
C)
All of the following are true about the effect of affirmative action except A) Firms using affirmative action have recruited somewhat more women and minorities B) Such hires had somewhat lower educational credentials C) Job performance levels were equal to or exceed job performance levels of others in the firms D) Greater training by such firms appears to counteract any lower educational crednetial of people hired E) none of the above
E)
Sitton v. Print Direction Employer suspected employee of working for competitive company Employee left personal laptop Employer downloaded information Employee sued for invation of privacy Who won this case
Employer because interception was for business purposes
Elgin v. St. Lous Bottlig Co. Company monitored employee because he was using company car for personal used - Sued for intentional tort Who won?
Employer because they had ownership of the vehicle
In constitutional cases, courts review racial preferences with _______________________, which is the most stringent form of judicial review of government actions
Strict Scrutiny
An employer must be able to articulate specific, objective grounds for poor interview performance True/False
True
Which of the following true about the EEOC's definition of a religion A) Belief in a particular God or deit is not required B) The espoused religion does not have to be popular, well known, or even organized C) Religious belief must be sincerely held D) all of the above
d)
Voluntary affirmative action plans do not need to comply with certain legal requirements True or False
false
ADA a is another privacy act Medical information that is job-related and consistent with business necessity True/False
True
According to Title VII religion encompasses all aspects of religious observance and practice, as well as belief True/False
True
The practice or policy of favoring individuals belonging to groups known to have been discriminated against previously. A) Reverse Discrimination B) Strict Scrutiny C) Compelling governmental interest
A)
1) The Employee Polygraph Protection Act says that a. a private sector employer may not use a polygraph test during an interview. b. the validity of the test to "detect lies" must be established before the test is given. c. a private sector employer may not use a polygraph test during an investigation of employee wrongdoing. d. none of the above.
A)
A law which states that private sector employers must not request or require that applicants submit to polygraphs or other mechanical or electrical truth-determining devices (including voice stress analyzers) A) Employee Polygraph Protection Act B) Sex Plus C) Consent Decree
A)
Any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is expected to be used or collected in whole or part for the purpose of serving as a factor in establishing the consumer's eligibility for employment purpose A) Consumer Credit Report B) Adverse Action C) Defamation
A)
Are those for which the standards and means of assessment are not clearly specified and are likely to vary across decision-makers. A) Subjective Criteria B) Stereotyping C) Sex Plus
A)
Cases that most often involve differential requirements based on sex A) Sex-Plus B) Promissiory Estoppel C) Reverse Discrimination
A)
Cause by reckless of Defendant not intentional A) Negligence Tort B) Strict Liability Tort C) Intentional tort
A)
Check used to verify information provided by candidates and to determine whether any disqualifying factors exist A) Background Check B) Respondeat Superior C) Negligence
A)
Common law intentional tort, while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. A) Malicious prosecution B) False Imprisonment C) All of the above
A)
Covers the usual transactions, customs and practices of a certain business and of a certain firm. This term is used particularly to judge the validity of certain transactions. It is used in several different sections of the Uniform Commercial Code of the United States. A) Ordinary Course of Business B) False Imprisonment C) Malicious Prosecution
A)
Defendant has no mental statement A) Strict Liability Tort B) Negligence Tort C) Intentional Tort
A)
Defendant intents the harm A) Intentional tort B) Negligence tort C) Strict liability tort D) All of the above
A)
Devious worker on Facebook shutting down a profile for inappropriate pictures, and worker post the pictures on google A) Intentional Infliction of Emotional Distress B) Placement in False Light C) All of the above
A)
Employers that base hiring and promotion decisions on protected class characteristics are engaging in A) disparate treatment discrimination B) Disparate Impact discrimination C) None of the above
A)
Except for _________________ or_____________________, the determination whether an impairment is "substantially limiting" is to be made without regard to assistive devices or ameliorative measures. A) Eyeglasses or contacts B) Hearing aids or coclear implants
A)
Extends the liability of employers for harm caused by their employees beyond actions undertaken with the scope of employment (the subject of respondeat superior claims) to harmful actions that lie outside the scope of employment, but for which the careless hiring of an unfit employee set the stage A) Negligent Hiring B) Negligent
A)
False statement that reflect badly on a person, communicated to others, which results in damage to the person's reputation A) Defamation B) Direct Evidence C) Immigration Reform and Control Act
A)
Involves some kind of conduct that is so terrible that it causes severe emotional trauma in the victim. In such cases, the victim can recover damages from the person causing the emotional distress. A) Electronic Communications Privacy Act B) Ordinary course of business C) False Imprisonment
A)
Is used as much to determine that alcohol or drugs are not the cause of the observed behavior or appearance, as it is to prove that alcohol or drugs is the causative agent. A) Reasonable Suspicion Drug Testing B) Conditional Offer of Employment C) Employee Polygraph Protection Act
A)
Laws that extend broad protection against discrimination on the basis of genetic information in both health insurance and employment to all employees covered by Title VII of the Civil Rights Act A) Genetic Information Nondiscrimination Act B) Americans with Disabilities Act C) Undue Hardship
A)
Legislation passed in 1990 that prohibits discrimination against people with disabilities. Under this Act, discrimination against a disabled person is illegal in employment, transportation, public accommodations, communications and government activities A) Americans with Disabilities Act B) Reasonable Accommodation C) Undue Hardship
A)
One employer refused to hire women with children under 5, but id hire men with children under 5. Why was the employer unable to establish a BFOQ for this conduct? A) Because it was its was a Sex Plus case that discriminated women with children B) It was a case where The BFOQ failed to establish grounds for authecity, Public safety, or privacy
A)
Publication of the private facts in question must be offensive to a reasonable person of ordinary sensibilities. 4. Not Newsworthy: The facts disclosed must not be newsworthy. Stated differently, the facts disclosed must not be a matter of legitimate public concern. A) Public disclosure of private facts B) Placement in a false light C) Appropriation of a name or likeness
A)
Requiring employees to abandon or change their religious beliefs as a condition of employment, and unwelcome and pervasive comments or behavior regarding their religion that create a hostile or abusive work environment. A) Religious Harassment B) Free Exercise Clause C) Establishment Clause
A)
The clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress. A) Reasonable Expectation of Privacy B) Establishment Clause C) Intrusion upon seclusion
A)
The direct threat must be based on______________________________ showing that the employee currently poses a specific risk of significant harm to herself or others. A) Medical Evidence B) Physical Evidence
A)
The protection against discrimination that applies only to citizen and legal immigrants. It has two main requirements. First, all employer are prohibited from knowingly hiring or retaining on the job unauthorized aliens. Second, employers with four or more employees are prohibited from discrimination in hiring or termination decision on the basis of national origin or citizenship A) Immigration Reform and Control Act B) Defamation C) Sex-Plus
A)
The state of being imprisoned without legal authority. A) False Imprisonment B) Malicious Prosecution C) Drug Test Procedures
A)
There are situations were the law gets challenges by tort law tort means A) Civil Wrong Doing B) Public Arguments C) All of the above
A)
Under Title VII, employer are required to reasonably accomodate religion unless A) Doing show imposes undue hardship on the business B) it shows the same burden of hardship shown in the case of a disability C) All of the above
A)
What is the one defense to claim of defamation A) Truth B) Narrowly Tailored C) Governmental Interest
A)
What is the only exception to the 4th Amendment privacy sector rights of a public sector employee A) Public Sector employee suspected of wrong doing can be searched without warrant B) Public Sector employee caught stealing can lose privileges under fourth amendment C) All of the above
A)
When how can employer justify facially discrimination policies? A) Bona Fide Occupation Qualifications B) Reverse Discrimination C) Title VII
A)
Which department provides guidance for employers A) EEOC B) OHSA C) ADA
A)
Which of the following falls under the Electronic Communications Privacy Act A) Employers are prohibited from Intentionally intercepting, wire, oral, or electronic communication Disclosing private information B) Employees are free to engage in actions other business on company technology.
A)
Which of the following is true in terms of strict scrutiny A) Quotas and Points systems are too far B) Putting Race as a positive factor to remedy past discriminatory factors is not permissible C) None of the above
A)
Who has more privacy rights A) Public sector workers B) Private sector workers
A)
Why are unstructured interview dangerous for companies A) May leader to charges of discrimination B) May not get information that the interviewer wants C) May be deemed unconstitutional
A)
Why is choosing Natatlie Portman over Keanu Reeves to play a female love interest a Bona Fide Occupation Qualification A) Authenticity B) Public Safety C) Confidentality
A)
Why is it a BFOQ to have female nurses on duty in hospital facility where female victims of sexual assault are admitted A) Privacy B) public safety C) Authenticity
A)
is a form of judicial review that courts use to determine the constitutionality of certain laws. A) Strict Scrutiny B) Compelling Governmental Interest C) Narrowly Tailored
A)
You are the manager of a small restaurant owned by a local family. The restaurant is very much in the mold of Hooter's, where virtually all of the servers are female and scantily clad. But you have just read that, following a suit brought by EEOC against Hooters for sex discrimination against men, Hooter's agreed to settle the case in part by agreeing to hire males to work as servers. Since your restaurant is very similar to the Hooter's brand, hiring only women as servers, you can see that you have a problem. What would you do? A) Check to see if employer did a self-analysis, see if their was a reasonable basis, and see if their was reasonable action
A) Check to see if employer 1) Did self-analysis, 2) Had a reasonable basis 3) Had reasonable action
All of the following are considered elements for establishing BFOQ except A)That only persons with the specified protected class characteristic can do the job B)That the job is somewhat important to the operation of the business C)That the job, as currently configured, is integral to the operation of the business D)none of the above
B)
An "action requiring significant difficulty or expense" when considered in light of a number of factors. A) Reasonable Accommodation B) Undue Hardship C) Religious Harassment
B)
An action that denies an individual or business credit, employment, insurance or other benefits. A) Defamation B) Adverse Action C) Immigration Reform and Control Act
B)
An amendment of the U.S Constitution protecting public employees against unreasonable searches or seizures A) Sex Plus B) Fourth Amendment C) Reasonable Suspicion Drug Testing
B)
Contractors promise that theywill not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, color, religion, sex, or national origin A) Affirmative Action B) Executive Order 11246 C) Equal Employment Act
B)
Discrimination may occur when neutral criteria are applied to some protected classes but not others A) Desperate Treatment B) Sex Plus Cases C) Reverse Discrimination
B)
Employees and unions have the right ti access members' medical and exposure information according to A) ADA B) OSHA C) FCRA
B)
Governs the handling of personnel records of federal employees A) Polygraph Act B) Privacy Act
B)
Is an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case), and most often refers to such a type of settlement in the United States. A) Reverse Discrimination B) Consent Decree C) Undue Hardship
B)
Less serious criminal offenses for which fines and/or imprisonment of up to one year, usually in a county facility, may be imposed A) Defamation B) Misdemeanor C) Adverse Action
B)
More serious crimes for which imprisonment of more than a year in a state or federal prison may be imposed A) Misdemeanor B) Felony
B)
The Fourth Amendment protects people from warrantless searches of places or seizures of persons or objects, in which they have an subjective expectation of privacy that is deemed reasonable in public norms. A) Reasonable Expectation of Privacy B) Intrusion upon seclusion C) Public Disclosure of Private Facts
B)
The chances of women being selected to play in orchestras rose when the auditions were blind, so that the judges could not see the applicants, but only hear them This is an example of A) Sex stereotyping B) Subjective Criteria
B)
The common law doctrine that makes employers directly liable for harm to others that occurs when employees act within the scope of their employment A) Scope of Employment B) Respondeat Superior C) Negligent Hiring
B)
The legal concept based on the idea that people sometimes have a duty to other people to exercise reasonable care in carrying out certain activities A) Negligent Hiring B) Negligence C) Felony
B)
Those actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity A) ADA B) Affirmative Action C) Racial Equality
B)
When they argue that it is necessary for business reasons, this type of disparate treatment is termed a A) Desperate Treatment B) Facial Discrimination C) Adverse treatment
B)
Which of the following is true about the immigration reform and control act A) Private sector employers may not screen employees from other countries B) Not discriminate based national origin C) Public sector employee must prohibit all aliens from coming into the country
B)
is assistance or changes to a position or workplace that will enable an employee to do his or her job despite having a disability. Under the ADA, employers are required to provide reasonable accommodations to qualified employees with disabilities, unless doing so would pose an undue hardship. A) Undue Hardship B) Reasonable Accommodation C) Religious Harassment
B)
All of the following are essential functions of a job except A) position exits to perform the function B) Few other employees are available to perform this function C) The function can be performed by anyone and is not unique D) All of the above
C)
All of the following are true about reverse discrimination cases except A) Employee believes that he was passed over for an employment opportunity because of affirmative action B) Courts need to determine whether affirmative action was used legally or discriminatory C) Courts need decide if the company had the right number of employees
C)
All of the following fall under EO 11246 except A) Companies with contracts worth at least 10,000 dollars must include a nondiscrimination clause in their contracts B) Companies must include the clause in their contracts with subcontractors, who must also abide by it. C) It can be imposed either as a remedy following a determination of discrimination
C)
An employer's obligation to reasonably accommodate is unique to the protected classes A) Religion B) Disability C) All of the above
C)
How can Affirmative Action be possessed as a remedy? A) Imposed following determination of discrimination B) Used as part of a judicially approved settlement between the parities C) All of the above
C)
Is a formal job offer that is dependent on the employee passing certain tests or conditions. The job offer is formalized only after all the conditions are successfully met. If the applicant does not pass your company's requirements, you simply revoke or rescind the job offer. A) Genetic Information Nondiscrimination Act (GINA) B) Employee Polygraph Protection Act (EPPA) C) Conditional Offer of Employment
C)
Those artificial barriers based on attitudinal or organizational bias that prevent qualified individuals from advancing in their organization into upper management positions." A) Sexual Stereotyping B) Desperate Treatment C) Glass Ceilings
C)
To put a case under strict scrutiny what must happen? A) Show that the plan serves a compelling government B) The measures must be narrowly tailored C) All of the above
C)
What is the only exception to a qualified individual under ADA A) Individual posses a direct threat to the health and safety of himself or others B) Disability can not be accommodated because of undue hardship C) All of the above
C)
What must the courts consider when examining reverse discrimination A) The justification for the plan B) The reasonableness of the measures used to implement it C) All of the above
C)
What problems have occurred because of affirmative action? A) Employers go further and apply a preference for women and minorities to achieve affirmative action goals B) Reverse discrimination has occurred to he women and people of color acquire jobs C) All of the above
C)
What two aspects make an individual a qualified person under ADA? A) Disabled B) Possess necessary education C) All of the above
C)
Which of the following is true about religious advocacy and religious Harassment A) It is part of the proselytizing employee's religious beliefs, potentially requiring accommodation B) employer are obligated to protect their other employees from religious harassment C) All of the above
C)
All of the following fall under essential functions except A) Employer's judgement B) Written job descriptions C) Similar analyses D) All of the above
D)
All of the following fall under the elements of promissory Estoppel except A) One party makes an unambiguous promise to another B) Recipient acts in reasonable reliance on the promise C) Reliance is expected and foreseeable by the one making the promise D) The party giving the offer is harmed by the promise
D)
All of the following fall under the way to reasonably Accommodate Religion except A) The existence of a sincere religious belief or practice that conflicts with an employment requirement. B)That the employer was informed of the conflicting belief or practice; C) That the employee suffered a loss or limitation of employment opportunity due to adhering to the religious belief or practice. D) None of the above
D)
Employers that are monitoring employees electronic communication need to A) Establish policies B) Notify employees about monitoring C) Conduct monitoring when appropriate D) All of the above
D)
Intentional Infliction of Emotional Distress involves A) Intent to harm B) Behavior is outrageous, shocking, or atrocious as to beond the bounds of what is tolerable in a civilized socity C) Severe emotional harm or distress D) All of the above
D)
Is a United States federal statute that prohibits a third party from intercepting or disclosing communications without authorization. A) Ordinary Course of Business B) False Imprisonment C) Malicious Prosecution D) Electronic Communications Privacy Act
D)
Not all medical conditions meet the definition of "disability" under the ADA. To be covered, the impairment must be A) Severe B) Chronic C) Have short term impact on functioning D) A and B
D)
Occurs when a defendant uses a plaintiff's name, likeness, or image without his or her permission for commercial purposes. When a defendant uses a plaintiff's name or likeness for a newsworthy purpose, however, this does not fall under the tort of appropriation and can be used as a defense by defendants. A) Ordinary Course of Business B) False Imprisonment C) Malicious Prosecution D) Appropriation of a name or likeness
D)
What is a disability according to ADA A) A physical or mental impairment that substantially limits one or more major life activities B) A record of such impairment C) Being regarded as having such an impairment D) All of the above
D)
Which of the following does not fall under public disclosure of private facts A) Public disclosure occurred B) Involves truly private facts C) Disclosure would be highly offensive D) disclosure was not intentional
D)
Which of the following falls under intrusion upon seclusion A) Intentional instruction, physical or otherwise B) Into something truly private C) Th intrusion would be highly offensive to a reasonable person D) All of the above
D)
Which of the following falls under reasonable accommodations A) Making facilities accessible B) Restructuring jobs C) Devising part time or modified work schedules D) All of the above
D)
Which of the following falls under the Employee Polygraph Protecting Act A) Prohibits most pre-employment polygrapheames by private sector employers B) Polygraphs can be used for ongoing investigations C) Employees can be asked to submit to such polygraphs D) All of the above
D)
Which of the following is true about Promotions A) Where promotions are not posted or announced, women or people of color are less likely to be promoted B) If training and development programs are not made available to them, women and people of color are less likely to be promoted C) Subjective criteria are relied on more heavily in decisions for promotions, making them less likely be promoted D) All of the above
D)
All of the following establish a qualified individual with a Disability except a) meets all the job-related requirements b) is able to perform the essential functions of the job with or without reasonable accommodation c) is not a direct threat to his or her own health or safety or the health or safety of others D) None of the above
D) These all relate individuals with disabilities
All of the following are elements of a disability claim except A) He or she has a disability B)He or she is qualified for the job C) The employee's need for accommodation was known or should have been known to the employer D) One or more accommodations exist that are reasonable and that the employer did not provide E) Religion was not respected
E)
All of the following are torts that protect private sector employees except A) Public disclosure of private facts B) Public disclosure of private facts C) Placement in a false light D) Appropriation of a name or likeness E) None of the above
E)
Bring Your Device Policy Employee quit his job Used his phone to access email Employer wiped phone clean Employee sued Who won
Employer Because policy had been established that employer had the right clear information on device
The major federal law regulating the gathering, sharing, and use of information by employers and consumer reporting agencies A) FCRA B)GINA C) EPPA
Fair Credit Reporting Act
The assessment of disability under the ADA is based on an individualized assessment of the effects of disorders on ____________________________ rather than on diagnostic labels. A) History B) Functioning C) None of the above
Functioning
In response to evidence of an "uninhibited sexual environment" at a women's prison, the NDOC hired only female correctional lieutenants at the facility, contending sex was a BFOQ. Male officers sued, alleging sex discrimination in promotions. Has the NDOC proven a BFOQ?
No because There wasn't any evidence supporting the authenticity of the decision. It is sexual stereotyping
Is a violation under ADA considered unconstitutional? Yes or No
No because it protects only private sector employees
Newark mayor decided to eliminate all single race fire companies City is subject to a consent decree that mandated polices and benchmarks for hiring minority firefighters but it did not include many mention of the racial balance of fire companies It was agreed that racial segregation was caused by residence, not by city polices 34 firefighters were forced to transfer The workers sued Was the transfer a valid use of affirmative action?
No because it violated the firefighters constitutional rights
Hospital had following policy - Pregnant personnel must immediately report pregnancy status to the director - Pregnant personnel shall not partake in any fluoroscopic or portable procedures during her term. This will ensure safety and protection. EEOC sued hospital based on the policy and its effects on two employees who complied with the policy Did the hospital's policy constitute sex discrimination?
No because the hospital's policy established the BFOQ related to employee safety
In Cloutier v. Costco was the employer able to establish a heavy duty to offer a reasonable accommodation, as it could not do so without undue hardship
No because the it was not undue hardship to allow employee to wear attire for religious practice
A school lays off several teachers Lay off occur in reverse order Two candidates were equal in seniority and performance One was white and the other was black White teacher was laid off The overall percentage of African American faculty in the school district exceeded their percentage in the labor market White teacher sued Was layoff a permissible use of active action?
No because the school did not undergo past discrimination of African American teachers
For public sector employers and state and Federal governments, the Americans with Disabilities Act of 1990. True/False
Private sector and local government
is a legal principle that a promise is enforceable by law, even if made without formal consideration, when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment. A) Promissory Estoppel B) Consent Decree C) Reverse Discrimination
Promissory Estoppel
Why is choosing a female prison guard for a female prison a BFOQ?
Public Safety
What are the three components of affirmative action plans
Reasonable self-analysis Reasonable basis for concluding action Reasonable action
What needs to be accommodated for the religion?
The behavioral aspect
4th Amendment rights protect public sector employees, and torts protect private sector employees True/False
True
A promise of a job which is revoked at will does not result in a valid claim for breach of contract True/False
True
Achieving reasonable accommodation should be a continuing, interactive process between employer and employee True/False
True
Affirmative action is one of the remedies available to courts in discrimination cases True/False
True
Affirmative action plans may also be voluntarily undertaken by a firm True/False
True
All of the torts came from the common law True/False
True
All of the torts protecting the privacy of private sector employees come with the notion that there is a reasonable expectation of privacy True/False
True
Employee's personal records are handled in a private way True/False
True
Employees are sometimes discriminated against on the basis of a past disability, perhaps because of the stigma attached to certain conditions (mental illness) or a fear that it will reoccur (cancer). True/False
True
Employees sometimes convey their religious beliefs to others in the workplace. Such proselytizing puts employers in a difficult position. True/False
True
Employers can train video cameras on their employees without significant legal concerns, at least in laces open to view True/False
True
Employers must keep information regarding and employee's medical condition or history in a location apart from other personnel records and treat it as a "confidential medical record." True/False
True
Employers must make essential job functions focus on what needs to be accomplished, rather than on how it is to be accomplished True/False
True
Employers need incur no more than minimal expense or operational problems in accommodating religion. True/False
True
Establish procedures for promotions, publicize the opportunities, and facilitate applications from all interested employees. True/False
True
Even though both public and private sector employees tend to expect some privacy in the workplace there are few and far between True/False
True
For women and persons of color: Often lines of progression in firms mean that one job leads to another, so that if they are not hired for such jobs, they will not be promoted. True/False
True
When would a perceived disability not be covered under ADA
When it was transitory impairment lasting less than 6 months
Female bartender worked at a Casino for 20 years Performance was excellet Policy states that servers need to be well-groomed and appealing to the eye Female beverage servers had to wear make-up and stockings, colored nail polish, and wear their hair teased, curled, or styled. Male beverage servers were prohibited from wearing makeup or colored nail polish and were required to maintain short haircuts and trimmed fingernails Worker refused to follow this policy Was terminated for noncompliance What should the court have decided?
Whether or not this was a case of sexual stereotyping
Can an employee be classified but have the diagnosis on their record? Yes or No
Yes
In the Lewis V. Heartland Inns of America, Did the Plaintiff introduce the facts which a reasonable jury could conclude that she had been a victim of sex-stereotyping in violation of Title Vii? Yes or No
Yes Because there was evidence comments stereotyping her appearance
In Johnson v. Transportation agency White male is passed over a promotion All qualified candidates were given scored interviews Male was tied for second Female worker with a lower score received the promotion Did Joyce's promotion, based on the agency's affirmative action plan violate Title VII
Yes it remedy a documented problem of under utilization of women
5 year kindergarten teacher was reassigned to a classroom without windows Told principal that she suffered from seasonal affective disorder Submitted a letter from her psychologist Another teacher offered to switch classroom, but school refused to accommodate Teacher was unable to concentrate, organize her thoughts, retrieve words, make decision, or focus on then needs of her students. Was this violation of ADA?
Yes because employer failed to provide reasonable accomodations for teacher's disability, which were need to perform essential job functions.
In the Horgan v. Simmons case did the plaintiff's comprised immune system constitute as a disability?
Yes because it affected major life activities under the ADA
Is a violation under the Rehabilitation Act deemed unconstitutional. Yes or No
Yes because it violates the public sector employees rights
in the Dunlap v. Tennessee Valley Authority Case did the reliance on subjective criteria and score manipulation evidence support a finding of discrimination?
Yes because it was on the grounds of disparate treatment
Employee sought a promotion to manager. Employee received highest score score on a panel interview Employer received an injury from African American woman Woman was qualified even though did not have experience credentials Received 2 points less on the interview than the employee, but was hired. Manager decided the decision was based on race and cited a number of qualities that made her the best candidate Was the issue based on race?
Yes because of how the manager wanted to use affirmative action to provide opportunities for African American females
