MGMT-417 EXAM 4

FALSE

T/F: Regarding ADEA, it provides protection from reverse discrimination.

FALSE

T/F: The ADA only provides protection to veterans who have suffered a service-connected disability.

TRUE

T/F: The ADEA makes it unlawful to publish a job advertisement indicating any preference based on age.

Adam has a valid discrimination claim because even mild impairments can substantially restrict a major life activity and may constitute a disability under the ADA.

Adam has a mild intellectual disability and a mild form of attention deficit hyperactivity disorder (ADHD). Though other tasks seem difficult to perform, gardening helps Adam relax and focus, so he trained to be a master gardener while in college. He applies for a position as a gardener at the Silver Cloud Hotel. He tells the interviewer that despite his impairment, he has been able to work as a gardener in private gardens and estates, and they never had any issues with his work. However, the interviewer does not hire him, fearing that his disability might affect his work. Which of the following statements is true?

the defense is based on a reasonable medical judgment.

An employer can use the direct-threat defense in the case of an employee with a disease only if:

Anders has a discrimination claim based on hostile work environment under the ADA because his employer took an adverse employment action by firing him.

Anders is a customer service representative at FlyOurWay Airlines. He confided in one of his co-workers that he tested positive for HIV, but the co-worker spread the news around the office. Soon, several of Anders' co-workers ostracized him and refused to work with him. He was also constantly subjected to verbal abuse by his co-workers. Anders reported these incidents to his supervisor, and his supervisor fired him. Which of the following is true?

The law firm can have Lindsey set up and clean up the break room, similar to what would be done for any other event or meeting with food, while asking other willing employees to order and pick up the cake and put up birthday flyers.

At the law firm of Cheatem, Beatem & Robem, it is the receptionist's job to coordinate a monthly birthday celebration, which includes ordering and picking up a cake, putting up birthday flyers, setting up the break room, and cleaning the break room after the party. Lindsey, the new receptionist, informs Mr. Cheatem that he cannot coordinate birthday celebrations because his religion prohibits them. Which of the following is the most reasonable way to accommodate Lindsey's conflict without causing undue hardship?

Brad's request can be lawfully denied because it would be an undue hardship on the hospital.

Brad, a critical care nurse at a private hospital, tests positive for HIV during one of the routine health checkups conducted for all hospital employees. Whenever an employee whose job requires him to have direct contact with patients tests positive for a blood-borne disease, the hospital shifts him to a desk job with no change in his salary. Brad refuses this arrangement. He requests that the hospital hire a part-time nurse to follow him on his shift and to keep a check on him. The hospital denies his request and fires Brad because of his unwillingness to move to the desk job. Which of the following is true?

Caleb has an associational discrimination claim under the ADA if he can prove that the employer assumed his performance would be impaired because of his association with a disabled person.

Caleb applies for a position as a fundraiser in the Alumni Relations Department of Marlette College. During the interview, he mentions to Rose, the director of the Alumni Relations Department, that his wife has just been diagnosed with leukemia. In spite of Caleb having eight years of fundraising experience, he is denied the job. Which of the following is true?

Dalton is not liable for religious discrimination under Title VII because Cara was offered a reasonable accommodation that allowed her to retain her employment.

Cara has been a customer service associate at Dalton Department Store for 10 years. Her job involves providing assistance to customers in the store. One day she converts to Islam and reports to work wearing a hijab, which is a full-body cloak with a small mesh-like screen to see through. Her employer tells her that wearing a hijab violates the company's dress code for her job profile and asks her to change her attire. Cara refuses to do so. Her employer, after much deliberation, informs her that she can continue to work in the customer service department but only provide assistance over the telephone - a role that requires no face-to-face interaction with customers. This role change is offered to her without any reduction in pay or other benefits. Which of the following is true?

Carlos cannot file an age discrimination suit under the ADEA against JJ Security because reverse discrimination is not covered under the ADEA.

Carlos, who is 22 years old, is employed as a security officer at JJ Security Corp., which is a private firm. The manager of JJ Security intends to retain employees who are older as he feels that they are more dependable and likely to perform better. He fires Carlos and replaces him with Samuel, who is 54 years old. Which of the following statements is most likely to be true in this case?

Yes, because the duty to accommodate Caroline's religious beliefs attaches to the conflict itself, not to when the conflict arises.

Caroline, an employee of Segal Paper Corp. for five years, works on an assembly line, where a majority of the positions are occupied by bachelors. Caroline undergoes a profound religious conversion, and her newfound religion requires her not to work in close proximity to unmarried males. Must her employer attempt to accommodate this new religious practice?

Casey cannot file a complaint under the ADEA because she has substantial executive authority, and she will be 65 at the time of retirement and receive a company pension of more than $44,000.

Casey McDowell is the senior vice president of DP Pharmaceuticals Corp. She receives a salary of $249,000 plus bonuses and stock options. Casey is notified by the HR department that she will have to retire when she turns 65 next year and that she will receive an annual pension of $86,000. She feels it is unfair because her division met or exceeded all of its goals last year, and she is as productive as she has ever been. Which of the following statements is true?

has a valid claim even though her replacement is a member of the protected class.

Catherine, aged 59, is employed as a makeup artist with a local department store. The company hires a new manager, Ryan. Ryan fires Catherine and gives her job to Katrina, aged 42. Under the ADEA, Catherine:

hostile environment

Charles Wayne, aged 63, was a manager at the Old World Exotic Wood Furniture Corp. His supervisor, Sha'niqua, frequently made derogatory age-related comments about Charles to other workers. Sha'niqua encouraged Charles' co-workers to be uncooperative toward him and not talk to him because she believed that older people gossip a lot and reduce productivity. Charles filed a complaint under the ADEA against Sha'niqua. In this case, Charles can make a prima facie case for __________ __________.

Disparate impact claim

Chris, 62, applies for a job at Turnhook Fishing Corp. The company has concerns that applicants over age 40 will not be able to handle the strenuous nature of the job. It implements a requirement that all applicants have uncorrected 20/20 vision in hopes of weeding out older candidates. Which of the following claims is most likely to be made against Turnhook?

TGT Foods can defend against the claim for age discrimination if it can provide a reasonable factor other than age for Paul's termination.

Gibson Foods Inc. and Thompson Foods Inc. merge to form a new corporation known as TGT Foods Inc. In the process of consolidating the business, the management decides that a reduction in force is necessary to avoid the duplication of positions and to streamline the running of the new company, thereby lowering the operating costs. Paul is a production manager, and his job is eliminated. He is 51 years old and believes that he was targeted because of his age. Which of the following is true?

Food Tiger will be liable under the ADA because of its perception that Gina was disabled even though she was perfectly capable of performing the job.

Gina was severely burned in a house fire when she was a child. She has extensive disfiguring burn scars on her face and neck. She applied for the position of a cashier at Food Tiger grocery store and was not hired, despite her qualifications, because the employer feared that customers would be repulsed by Gina's scars. Which of the following would be the most likely outcome if Gina files a discrimination claim under the ADA?

the practice of placing the symbol on his forehead is part of his religion, he had previously notified Daffodil & Chrome about his religious conflict, and he suffered an adverse employment action for failing to comply with the employer's policy.

Gotam, a devout Hindu, was employed as a waiter by Daffodil & Chrome Restaurant, a popular location for banquets. One day Gotam arrived at work with a religious symbol painted on his forehead. When confronted about this by the manager, Gotam claimed that the symbol was a sign of good luck in Hinduism, and he had informed the management of his religious belief at the time he was hired. The manager fired him. Gotam can show a prima facie case by proving that:

Harry can no longer safely lift packages weighing 35 pounds, which is the average weight of a typical package that drivers deliver to customers.

Harry has been employed as a delivery driver for VF Delivery Service for 30 years. His job included loading trucks, driving trucks to residential and commercial locations, and handing over items to the customers. He is 66 years old and was fired recently. He claimed age discrimination under the Age Discrimination in Employment Act. VF Delivery Service will prevail if it can show that:

does not have to accommodate his conflict, because his beliefs are not sincerely held, and they do not take the place of religion in his life.

Herb, who works as a mechanic for Goodman Tire, is required to work 40 hours per week, including two Sundays per month. On August 1, Herb tells his supervisor that he worships the National Football League and he cannot work any Sundays until after the Super Bowl in February. As a result, Goodman Tire:

it cannot make the requested accommodation due to undue hardship but ask him whether he is willing to pay a portion of the cost that will be incurred in making the accommodation.

Hugo, a sales representative at ChillOut Inc., a company that supplies frozen foods to supermarkets, is required to travel to the stores to meet their managers and view their inventory. After a recent road accident, Hugo's left hand became severely impaired and only his right hand is functional. Hugo requests that the company install a one-hand driving system, costing $35,000 to $45,000, in one of its minivans so that he can drive it. Based on the size and financial position of the company, this cost is more than it can afford. ChillOut should inform Hugo that:

assessing the level of risk the employee poses to herself and to others.

If the disability claimed by an employee is based on disease, the court will determine whether the employee is otherwise qualified by:

it would not require an employer to reassign a qualified disabled employee to a job for which there is a more qualified applicant, if the employer has a policy to hire the most qualified applicant.

In Huber v. Wal-Mart Stores, Inc., the U.S. Court of Appeals for the Eighth Circuit stated that:

a plaintiff can state a claim as long as he is replaced by someone younger, even if the replacement is 40 years old or older.

In O'Connor v. Consolidated Coin Caterers, the U.S. Supreme Court held that:

impose a significant obligation on the part of the employer.

In order to establish that a requested accommodation will pose an undue hardship on an employer under the ADA, it must be shown that the accommodation will:

the employer later hires a younger worker at the same salary as the older worker.

In the event of a reduction in force, age discrimination is most likely to be proven where:

No, because he made an effort to reasonably accomodate LaToya's religious practice.

LaToya joins the Freewill Church, and as a member, she is not allowed to wear pants. Her employer, Sal's Seafood, requires all employees to wear coveralls provided by the company for safety reasons. Although LaToya wore the uniform prior to joining the church, she now refuses to wear the coverall. She explains to Sal, the owner of the restaurant, that wearing pants is against her religious beliefs. Sal makes an exception in her case and allows her to wear knee-length boots with a protective jacket, but LaToya refuses to wear the boots. Sal fires her for insubordination. Is Sal liable for religious discrimination? Why?

Laura can file the claim for age discrimination because the waiver did not comply with the requirement specifying that each employee be given 45 days to review the waiver.

Laura Mills is 55 years old. She has been employed with PilotCo Corp. for 17 years. She was offered early retirement and asked to sign a waiver of her right to file a claim under the Age Discrimination in Employment Act. Laura was given 20 days to review the waiver and sign it. Laura was out of work due to illness for 14 days. She signed the waiver when she reported for work after being reminded that she only had six days left to make a decision. Several days later, Laura changed her mind and decided to file a claim for age discrimination. Which of the following statements is true?

Leslie will most likely win because it is illegal for companies to subject midlevel managers to mandatory retirement.

Leslie is a midlevel manager at Scruffle, Inc. When she attained the age of 60, her company forced her to take mandatory retirement in exchange for an annual pension of $40,000. Leslie decides to file an age discrimination suit against Scruffle. Which of the following statements is true?

Louise can bring a claim for workplace harassment under the ADA if she can show that her speech impediment and stuttering substantially limits a major life activity or if she is regarded as disabled.

Louise experiences extensive verbal abuse and teasing at work because she stutters. Louise wants to file a complaint of workplace harassment under the ADA. Which of the following is true?

Martha would not have an age discrimination claim if her demotion was based on poor performance, but she does have a claim based on unlawful retaliation.

Martha is 57 years old and has been a store manager for Opal Amber Corp., a retail store, for 10 years. Opal Amber would like to project a more youthful image to its customers. Martha is demoted to an inventory manager position, a job which requires no customer contact. Martha files a complaint with the EEOC. Following the complaint, Martha is fired. Which of the following is true?

Conway has increased its risk of a claim for religious harassment because Melissa is not given comparable opportunities to use Conway's resources for religious practices as others are given for secular reasons.

Melissa is an employee at Conway Chemical Corp., which allows its employees to use its conference rooms for club meetings, such as a knitting club or book club. Melissa requests to use the conference room for prayer meetings on Wednesday evenings after her shift ends. Her request is denied. Which of the following is true?

Mohammed's Falafel restaurant is liable for religious discrimination under Title VII because it failed to reasonably accommodate Dylan's conflict.

Mohammed's Falafel restaurant requires all of its employees to take a 30-minute daily prayer break in a special "prayer room" devoted for that purpose. Dylan, an employee, is Christian and believes that participating in such activity violates the tenants of his religion. He complains to management and asks that he not be required to participate. After he complains, he is fired. Which of the following is true?

Octagonian will win if a demotion was the only alternative available that did not cause undue hardship.

Octagonian Steel Fabricators, Inc. hires Mahinder, a practicing Sikh, as a forklift driver. Occupational safety regulations and company rules require all employees in the plant to wear a hardhat. Mahinder refuses to wear a hardhat because he is unwilling to cover his turban. Octagonian demotes him to another role that does not require him to wear a hardhat. Mahinder files suit under Title VII in which he alleges discrimination based on religion. Which of the following is true?

Patrick does not have a claim for religious discrimination because the church is exempt from prohibitions against religious discrimination under Title VII.

Patrick was employed by a church as a cook in its day care center. When Patrick was hired, he promised the pastor that he would regularly attend Sunday Mass held in the church. After three months, his employment was terminated because he failed to keep his promise. Patrick intends to file a case of religious discrimination as he believes that he has the right to change his religious views. Which of the following is true?

belief is sincerely held, and whether it occupies the place of religion in his life.

Porter seeks reasonable accommodation for a religious practice unique to the Heavenly Masters religion. Porter's employer has never heard of such a religion. In order to determine whether Porter's demand for accommodation is truly based on religion, his employer must determine whether Porter's:

Rawanda will not win because the military's need to maintain good order and discipline usually results in courts deferring to the military when there are conflicts.

Rawanda, a practicing Muslim, is in the Army. Several years ago, she requested that her commander allow her to wear a khimar (a form of headscarf that extends to the waist) with her uniform. Her request was denied as a violation of the military dress regulation, which specifically barred wearing religious dress or symbols while in uniform. After the denial, Rawanda reported for duty wearing a khimar on three separate occasions and was demoted. Rawanda filed a complaint for religious discrimination. Which of the following is true?

Even though it appears that the surgery may result in Sara being not otherwise qualified for the new job, Danny's Department Store may not decline to promote her to the new job if she is qualified at the time of the interview.

Sara works as a stock clerk at Danny's Department Store. She has been notified that she will be considered to be promoted to a merchandise manager. During her promotion interview, she reveals to the interviewer that at some point in the next 10 months, she will need to undergo surgery to remove a tumor from her vertebrae and that even if the surgery is successful, her movement after the surgery could be severely limited. In her new job, however, Sara will have to frequently travel between the warehouse and the store and move around the store to ensure that the merchandise is displayed and placed properly. Which of the following is true?

federal contractors with contracts that exceed $10,000 annually to take affirmative action to employ and promote qualified disabled individuals.

Section 503 of the Vocational Rehabilitation Act requires:

her obesity is due to a physiological condition.

Shaniqua is a kindergarten teacher at Woodbridge Elementary School. Since Shaniqua is obese, she is not able to sit in the chairs provided for teachers in the classrooms. Shaniqua requests a larger chair, but her employer refuses. Shaniqua will be protected under the ADA if:

Shayna has a claim for religious discrimination because Golden Crust failed to make an attempt to reasonably accommodate her religious practice.

Shayna, a Jewish woman, applied for a baker's job with the Golden Crust Bakery. After she was hired, Shayna told her manager at Golden Crust that she could not work on Friday night because the Sabbath begins on Friday night. The manager replied that she was the only Jewish baker, and all of the other bakers work on Friday night. He also added that she would be fired if she refused to comply with company policies. Which of the following is true?

Muhammad does not have a claim for religious discrimination because he has a duty to cooperate in the accommodation.

St. Mary's Hospital has 5 Muslim employees in its maintenance department. The hospital has a designated room in the basement for the Muslim employees to follow their practice of praying five times a day. Muhammad, a new employee, refused to use the room in the basement because he felt it degraded his religion. He instead used the visitors' waiting room on the third floor to pray, even though his supervisor asked him not to pray there. Consequently, he was fired. Which of the following is true?

Steve will most likely lose the case because it is legal for police officers to be subjected to mandatory retirement.

Steve is a police officer with the New York City Police Department (NYPD). NYPD requires Steve to retire when he attains the age of 65. It also informs Steve that he is eligible for an annual pension of $40,000. Steve feels that he is a good police officer and that he has been unfairly discriminated against because of his age. He files a complaint under the ADEA against the NYPD. Which of the following statements is true?

FALSE

T/F: An employer may legally refuse to promote a veteran if the employer assumes the veteran has PTSD.

TRUE

T/F: Based on the court's decision in Oubre v. Entergy Operations, Inc., if an employee signs a defective waiver, the employee is not required to give back any benefits received under the defective waiver.

FALSE

T/F: Current illicit drug users are protected by the Americans with Disabilities Act (ADA)

TRUE

T/F: Delilah is a librarian at a university that is supported by a religious institution. She opens a bar near the university. Her supervisor tells her that she will lose her job as a librarian unless she closes the bar or sells her interest in it since the tenets of the religious institution oppose drinking. When Delilah refuses to do so, she is fired. She brings a case alleging religious discrimination. The university will win because it is supported by a religious institution and therefore exempt from the provisions of Title VII.

TRUE

T/F: Disability is determined on the basis of the effect the impairment has on the disabled person's life.

TRUE

T/F: Employees at Clearwater Plumbing Supply, Inc. asked the management to hold an election to determine which radio station would be played on the warehouse public address (PA) system while they are working. The winning station was a Christian music station. After a few weeks of having exclusively Christian music played over the loudspeakers at work, some Muslim employees complained to the management that it was religious discrimination. The management stopped playing music on the PA system and allowed employees to wear headsets or have small radios at their workplace. Arthur, a devout Christian, was extremely disappointed by this change and brought a complaint under Title VII. Arthur cannot show disparate treatment because prohibiting a certain kind of music at work, even that which has been approved by a majority employee vote, is not an adverse employment action.

TRUE

T/F: Grace is a police officer with the Washington County Police Department. Anti-abortion protestors announce that they are going to hold rallies at medical clinics where abortions are performed in Washington County. The police department decides to assign police officers to guard the clinics. Grace tells the police chief that she has strong religious beliefs opposing abortion and cannot guard those clinics. The chief tells Grace that she can patrol elsewhere during the rallies. During one of the rallies, a riot occurs at one of the clinics, and Grace is one of the officers called to assist. She refuses to respond to the emergency call and is fired. Grace claims religious discrimination. The department will win because the department could not excuse her from responding to the emergency call without causing an undue hardship.

FALSE

T/F: If an employee believes that she is the subject of discrimination on the basis of disability, the typical first step is to file a complaint with the EEOC.

FALSE

T/F: If an employee who believes that his employer has engaged in age discrimination files a complaint with the EEOC, he cannot file a lawsuit in state court under stage age discrimination laws as these legal options are mutually exclusive.

FALSE

T/F: If there is more than one reasonable accommodation available to accommodate an employee's religious practices, an employer must select the accommodation that is the most preferred by the employee.

FALSE

T/F: In a disability discrimination case, an employer can use the bona fide occupational qualification (BFOQ) defense.

FALSE

T/F: In addition to awarding back pay or front pay that adequately compensates a successful plaintiff in an age discrimination action, courts may also grant equitable relief such as injunctions, reinstatement, and promotions.

TRUE

T/F: In order to accomodate an employee's religious practices in accordance with Title VII, an employer need not previously know of, or have heard of, or approve of the employee's religion.

FALSE (US Department of Labor Veterans Employment and Training Service (VETS) is responsible for investigating USERRA violations)

T/F: Just like with Title VII, the EEOC is responsible for investigating USERRA violations.

TRUE

T/F: The U.S. Supreme Court's determination of what constitutes undue hardship in the process of attempting reasonable accomodation was established in Trans World Airlines, Inc. v. Hardison.

FALSE (no limitation; ADA is 15 or more)

T/F: The USERRA only applie to employers who employ 15 or more employees.

FALSE

T/F: The USERRA prohibits an employer from taking retaliatory action against a veteran who seeks protection under the statute, but not against a co-worker who simply assisted the veteran.

FALSE

T/F: The USERRA provides reemployment protection to veterans who have served on active duty, but not those who served in the reserves or the National Guard.

TRUE

T/F: The duty to reasonably accomodate an employee's legitimate religious practices requires an employer to make a good-faith attempt to avoid conflict between workplace policies and an employee's religious practices or beliefs.

FALSE

T/F: The requirement of reasonable accomodation for a disabled employee means that an employer must create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job.

TRUE

T/F: The size of an employer's workforce is one of the factors considered when determining whether the employer has successfully satisfied the burden of reasonably accomodating an employee's religious conflict.

TRUE

T/F: When determining the essential functions of a job, an employer must look to the function desired to be accomplished and not to the means of performing that function.

FALSE

T/F: When establishing a prima facie case for a claim of religious discrimination, an employee does not have to prove that he informed his employer of the conflict.

Soul Tree Systems will be liable because it is unlawful to discriminate against a disabled employee just to avoid the obligation to provide a reasonable accommodation.

Tara and Nathan are two applicants for a job at Soul Tree Systems Inc. Nathan is disabled and requires the use of a wheelchair, and Tara has no disability. Both are equally qualified for the job. However, Soul Tree Systems chooses Tara over Nathan solely because of the need to modify the workspace if Nathan is employed. Which of the following is true?

if an employee signs a defective waiver, the employee is not required to give back any benefits received under the defective waiver

The US Supreme Court held in Oubre v. Entergy Operations, Inc. that:

The Creator

The founders of the United States believed that every person is born with certain unalienable rights, including (but not limited to) life, liberty and the pursuit of happiness. According to the founders, who gave us these rights?

TrentCo is not liable under the ADA because it offered a reasonable accommodation and Sara refused.

TrentCo accidentally discovered that one of its employees, Sara, is an alcoholic. Her manager realized that Sara's alcoholism must be the reason for her absenteeism. To help Sara overcome her alcoholism, the employer provided her with counseling services and also asked her to make a firm choice between treatment and discipline. TrentCo also offered outpatient treatment, and Sara participated in the program without success. When all of these efforts failed, TrentCo offered to provide inpatient treatment, and Sara refused. TrentCo then fired Sara. Which of the following is true?

all or substaintially all of the members of that category are unable to perform the job requirements adequately.

Under ADEA, if an employer uses the bona fide occupational qualification as a defense to an age discrimination claim, the employer must prove that:

Moving the disabled employee's workstation closer to equipment, materials, and rooms that he or she frequently uses.

Under the ADA, which of the following is a reasonable accommodation that an employer is required to provide to a disabled employee?

Age was the only factor considered in the adverse employment decision.

Under the Age Discrimination in Employment Act, which of the following is not one of the elements that an employee must prove to persuade the court that she has a claim for age discrimination based on disparate treatment?

an employee who does not have a disability but is perceived to be disabled by others is protected against discrimination based on that misperception.

Under the Americans with Disabilities Act (ADA), __________.

asking if another employee is willing to trade places with the employee who has the religious conflict.

When considering among various accommodations to avoid a religious conflict, which of the following would a federal court most likely consider not to be undue hardship on the employer?

Punitive damages are available for retaliation claims

Which of the following statements is true of retaliation claims made under the Age Discrimination in Employment Act (ADEA)?

Individuals who either are participating in or have completed a drug rehabilitation program are protected by the ADA.

Which of the following statements is true regarding drug use under the ADA?

Where there is direct evidence of discrimination, proof of pretext is not required.

With regard to an employee proving that an employer's BFOQ defense is a mere pretext, which of the following statements is true?