Employment Law

The EEOC monitors compliance with the federal anti-discrimination laws. The EEOC (can/cannot) sue organizations that violate these laws.

Can

The California counterpart of the EEOC is called the:

DFEH (Department of Fair Employment and Housing)

The California law that corresponds to Title VII is called the

FEHA (Federal and Equal Housing Act)

True or False. A plaintiff does not have to exhaust his/her administrative remedies in an employment action.

False

True or False. California is not an employment-at-will state.

False

True or False. If the EEOC does not investigate a claim, the victim has no other option.

False

True or False. There are no exceptions to the employment-at-will doctrine.

False

True or False. In a sexual harassment case, an employer cannot be held liable for the actions of a non-employee.

False; example of UPS guy.

True or False. In a sexual harassment case, an employer cannot be held liable for the actions of an employee.

False; in the case of a supervisor it is a strict liability.

True or False. All employers are subject to Title VII of the Civil Rights Act of 1964.

False; only with 15 employees or more.

If the EEOC does not sue, the victim (may/may not) sue.

May

A victim files a claim with the EEOC, which investigates and (must sue/may sue) if a settlement between the parties is not reached.

May sue

On proof of discrimination, the victim may be awarded

Reinstatement, back pay and retroactive promotions

True or False. Discrimination complaints brought under federal law must be filed with the Equal Employment Opportunities Commission (EEOC)

True

True or False. Disparate treatment discrimination occurs when an employer intentionally discriminates against an employee.

True

True or False. Employers do not have to pay overtime wages to exempt employees.

True

True or False. Employment discrimination against persons with physical or mental impairment that substantially limits their everyday activities is prohibited.

True

True or False. Once an affirmative action program has succeeded, it must be changed or dropped.

True

True or False. There is an implied contract in every employment relationship.

True

True or False. Title VII prohibits employers and unions from discriminating against persons because of their religion.

True

True or False. Women affected by pregnancy must be treated for all job-related purposes the same as persons not so affected but similar in ability to work.

True