Quiz 2 -
At Innov8 Systems Inc.'s office, Ahmed's workstation is next to Casey's. One day, Ahmed overhears Casey's supervisor, Ralph, say to Casey that women should just stick to being homemakers. Casey, who was subjected to such comments at work earlier as well, files a complaint of gender discrimination with the Equal Employment Opportunity Commission (EEOC). After the investigation and the EEOC's ruling in Casey's favor, Ahmed is ill-treated at work simply for supporting Casey during the trial. Which of the following holds true in this scenario?
Ahmed can prove a case of retaliation against his employers. Explanation Ahmed can prove a case of retaliation against Innov8 Systems Inc. In order to prove a retaliatory discharge claim, an employee must show that there was an adverse employment action toward the employee by the employer. For instance, if an employee is given a right to serve jury duty but is terminated by the employer for doing so, with no other apparent reason for the termination, that employee has a basis for a retaliation claim.
Which of the following best relates to the employment-at-will doctrine?
An employer can terminate an employee for any reason as long as the reason is not prohibited by law. Explanation At-will employment is an employment relationship where there is no contractual obligation to remain in the relationship; either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law, such as for discriminatory purposes. Both parties are free to leave at virtually any time for any reason.
Congress can express its disagreement with a U.S. Supreme Court decision by:
Changing the law involved to more clearly reflect Congress' interpretation. Explanation Once a case is heard by the U.S. Supreme Court, there is no other court to which it can be appealed. Under our country's constitutionally based system of checks and balances, if Congress, who passed the law the Court interpreted, believes the Court's interpretation is not in keeping with the law's intended purpose, Congress can pass a law that reflects that determination.
In which type(s) of discrimination claims must an employer make reasonable attempts to accommodate the employee?
Disability and Religion. Explanation Discrimination is simply prohibited on the basis of race, color, gender, national origin, or age. When it comes to religion and disabilities, the law imposes on the employer a duty to attempt to accommodate the disability or religious conflict, but only to the extent that it does not cause the employer an undue hardship (which is determined on a case-by-case basis using certain specific criteria).
Eric testified for the plaintiff in a racial discrimination lawsuit brought by a female employee against their employer, Sincere Bank. He did this even though his manager advised him to not get involved. Shortly thereafter, Eric was fired. Which of the following is the most likely outcome in this scenario?
Eric may have a case because Title VII of the Civil Rights Act protects an employee who participates in any manner in an investigation, proceeding, or hearing on a colleague's complaint of discrimination. Explanation Eric may have a case because Title VII of the Civil Rights Act protects an employee who participates in any manner in an investigation, proceeding, or hearing on a colleague's complaint of discrimination. Under Title VII of the Civil Rights Act, it is an unlawful employment practice for an employer to discriminate against an employee "because [s]he has opposed any practice made an unlawful employment practice by this subchapter, or because [s]he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter."
An appellee is a person who appealed a legal case to the court of appeals.
FALSE Explanation At the court of appeals level, the person who appealed a legal case to the court of appeals is known as the appellant and the other party is known as the appellee. At the Supreme Court level they are known as the petitioner and the respondent.
Which of the following is the function of a motion for summary judgment?
If a court grants a motion for summary judgment, it means that it will determine the issues and grant a judgment in favor of one of the parties. Explanation If a court grants a motion for summary judgment, it means that the court will determine the issues and grant a judgment in favor of one of the parties. If the court dismisses a motion for summary judgment, the court has determined that there is a need for the case to proceed to trial. This, too, can be appealed.
Jonas was employed by Barker Apparel as a sewing machine repairman in one of the company's manufacturing plants. He, along with 500 other employees, was informed that the plant had been permanently shut down through a written notice on the manufacturing unit's gate when he arrived at work one day. In the context of Worker Adjustment and Retraining Notification (WARN) Act, which of the following statements is true?
Jonas can recover pay and benefits for the next 60 days. Explanation Before termination, the Worker Adjustment and Retraining Notification (WARN) Act requires that employers with over 100 employees must give 60 days' advance notice of a plant closing or mass layoff to affected employees. If an employer does not comply with the requirements of the WARN Act notices, employees can recover pay and benefits for the period for which notice was not given, up to a maximum of 60 days.
Marc, an African-American, is a chemical engineer with a graduate degree from a reputable university. He applied for the position of an industrial chemist at Verono Company. Although he was qualified for the job and performed well in the job interview, he was not offered the position. Marc saw the job advertised again in the newspaper two weeks after he was rejected. Which of the following holds true in this scenario?
Marc can offer evidence to satisfy the elements of a prima facie case of disparate treatment. Explanation In this scenario, Marc can offer evidence to satisfy the elements of a prima facie case of disparate treatment. Each cause of action has certain requirements that the law has determined constitute the cause of action. If it can be shown in court that those requirements are met, then the party bringing the cause of action is said to have established a prima facie case for that cause of action. In the context of disparate treatment, the plaintiff employee (or applicant) bringing suit alleges that the employer treated the employee in a way different from other similarly situated employees based on one or more of the prohibited categories.
Angus, a recent university graduate of Scottish descent, was refused employment at Barlen Inc. because he failed to achieve a high enough score on a valid, reliable skills test. Believing that he has been the victim of employment discrimination, Angus sues Barlen Inc. He asks the court to order Barlen Inc. to use different cutoff scores for all Scottish-descent test-takers, claiming that no one of Scottish descent had ever achieved a satisfactory score. In this scenario, can the court grant the relief Angus seeks?
No, because the Civil Rights Act of 1991 makes it an unfair employment practice for an employer to use different cutoff scores in an employment-related test on the basis of a protected trait. Explanation The court cannot grant the relief Angus seeks because the Civil Rights Act of 1991 makes it an unfair employment practice for an employer to adjust the scores of, or to use different cutoff scores for, or to otherwise alter the results of, an employment-related test on the basis of a prohibited category. Employers' policies should ensure that everyone has an equal chance at the job, based on qualifications.
An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate, non-discriminatory reason for the action taken against the charging party.
TRUE Explanation In the context of employment discrimination claims, an employer may defend against the prima facie case of disparate treatment by showing that there was a legitimate, non-discriminatory reason for an employment decision. That reason may be virtually anything that makes sense and is not related to prohibited criteria.
Which of the following is NOT generally considered a valid exception to employment-at-will?
The employee quit following rumors the employer would be relocating within the state. The employee may have a cause of action pursuant to the whistle-blower protection statutes. Explanation Though they are difficult cases for employees to prove, state courts and state legislation have been fairly consistent in holding that exceptions will be permitted where the discharge is in violation of some recognized public policy, where the employer breaches an implied covenant of good faith and fair dealing, or where an implied contract or implied promise to the employee was breached (the latter involves the legal concept of promissory estoppel).
The following are elements of a prima facie case of disparate treatment discrimination except:
The employer's job criteria seem neutral, yet there is an adverse impact on a protected group. Explanation To establish a prima facie case of disparate treatment employment discrimination, the individual must demonstrate: 1) the employee belongs to a protected class under Title VII; 2) the employee applied for and was qualified for a job; 3) the employee was rejected, and after rejection the position remained open; and 4) the employer continued to seek applications with the rejected applicant's qualifications. Disparate treatment discrimination is overt; there are no hidden criteria.
Emmanuel & Petersen LLP is a law firm that specializes in litigation. The firm is looking for a qualified person to fill the secretary position. A criterion for selection is that the person should be able to type at least 65 words a minute. If a group of male applicants challenges this policy as being discriminatory against generally slower-typing males, the company could defend the typing-speed requirement as a:
business necessity. Explanation Emmanuel & Petersen LLP could defend the typing-speed requirement as a business necessity. In a disparate impact claim, the employer can use the defense that the challenged policy, neutral on its face, that has a disparate impact on a group protected by law is actually job related and consistent with business necessity.
Constructive discharge exists when an:
employee sees no alternative but to quit her or his position; that is, the act of leaving was not truly voluntary. Explanation Constructive discharge exists when the employee sees no alternative but to quit her or his position; that is, the act of leaving was not truly voluntary. Therefore, while the employer did not actually fire the employee, the actions of the employer caused the employee to leave.
Jessica wants to file a discrimination claim against her current employer. She consults her lawyer and learns that she cannot directly file a case in court. She needs to first file a case with the Equal Employment Opportunity Commission (EEOC). This is called _____.
exhaustion of administrative remedies Explanation The need to first file a discrimination claim with the Equal Employment Opportunity Commission is called exhaustion of administrative remedies. The statutory schemes set out for employment discrimination claims require that claimants first pursue their grievances within the agency created to handle such claims, the Equal Employment Opportunity Commission (EEOC). All of the protective statutes provide for courts to hear employment discrimination claims only after the claimant has done all that can be done at the agency level.
If an employee in an Equal Employment Opportunity Commission (EEOC) case is successful, the employer will be liable for:
front pay for situations when reinstatement is not possible. Explanation If the employee in an Equal Employment Opportunity Commission (EEOC) case is successful, the employer may be liable for back pay of up to two years before the filing of the charge with the EEOC; for front pay for situations when reinstatement is not possible or feasible for claimant; for reinstatement of the employee to his or her position; for retroactive seniority; for injunctive relief, if applicable; and for attorney fees.
In order to prove a retaliatory discharge claim, an employee must show that:
he or she was participating in a protected activity. Explanation In order to prove a retaliatory discharge claim, an employee must show that he or she was participating in a protected activity, there was an adverse employment action toward the employee by the employer, and there is causal connection between the employee's protected activity and the adverse action taken by the employer.
James is an employee in the widget inspection department of XYZ Systems, a government contractor. James was part of a 3-person inspection team that found a particular batch of widgets did not meet the exacting requirements of the U.S. Government. In order to meet the tight deadline and avoid penalties under the contract, James' boss demanded that the batch of widgets be sent in fulfillment of the government contract. When James found out, he went to the vice president of the company and reported the situation. James was demoted by his boss, and no longer works on government projects. James has a:
retaliation claim as a result of whistleblowing activities. Explanation James may have a cause of action for retaliation as a result of his whistleblowing. Presumably the defects in the widgets create a public safety issue. As a matter of public policy it is not appropriate to retaliate against an employee who reported the shipment of defective widgets.
The key players in a trial are:
the plaintiff and the defendant. Explanation The case name is derived from the parties involved—the first name is the party suing (called plaintiff at the district court level) and the second name is the party being sued (called defendant at the district court level). At the court of appeals and Supreme Court level, the first name reflects who appealed the case to that court. It may or may not be the party who initially brought the case. At the court of appeals level, the person who appealed the case to the court of appeals is known as the appellant and their name would be first and the other party responding to the appeal is known as the appellee. At the Supreme Court level they are known as the petitioner and the respondent. Whoever brings the action at that level is the one whose name appears first in the title for that level of the case.