employment at will doctrine - Answer-says an employee may quit and an employer may fire an employee at any time and for any reason. There are many exceptions to the at-will doctrine, but it is the most basic U.S. employment law
-Ann was fired in 1960 because of her religious faith
-Ben was fire...
LEB 320F Exam 2 Questions and
Answers
employment at will doctrine - Answer-says an employee may quit and an employer may
fire an employee at any time and for any reason. There are many exceptions to the at-
will doctrine, but it is the most basic U.S. employment law
-Ann was fired in 1960 because of her religious faith
-Ben was fired in 2020 for objectively poor work performance
-Carl was fired in 2020 because of his religious faith
Which of them would have been in a good position to sue under the Civil Rights Act and
win their case?
A) Ann only
B) Ben only
C) Carl only
D) A and C
E) B and C - Answer-C. Carl only because Ann's firing happened BEFORE the civil
rights Act of 1964. Ben's firing was not related to anything prohibited by the Civil Rights
Act and so under the employment at will doctrine his firing is acceptable. Carl has a
valid claim.
Tittle XII (seven) of Civil Rights Act - Answer-deals with discrimination in employment
for companies with 15 or more employees
-A church requires that employees in its youth ministry be Christians
-A large computer manufacturer requires that its employees be Christians
- A small dry cleaners that employs 10 people requires that its employees be Christians
Which of these could be successfully sued under the Civil Rights Act?
A) The church
B) The computer manufacturer
C) The dry cleaners
D) B and C
E) All of them - Answer-B) The computer manufacturer; The church, as a religious
organization, can discriminate in favor of members of its own faith. the dry cleaning
business is too small, with fewer than 15 employees, it is exempt for Tittle XII. The
computer manufacturer is acting illegally.
disparate-treatment discrimination - Answer-A form of employment discrimination that
results when an employer intentionally discriminates against employees who are
members of protected classes.
, disparate-impact discrimination - Answer-Discrimination that results from certain
employer practices or procedures that, although not discriminatory on their face, have a
discriminatory effect.
Business Necessity - Answer-A defense to allegations of employment discrimination in
which the employer demonstrates that an employment practice that discriminates
against members of a protected class is related to job performance. 1) the practice is
necessary to achieve an important business objective 2) the objective is actually met
prima facie - Answer-to establish or state a genuine issue of fact
pretext - Answer-an excuse for intentional discrimination
quid pro quo harassment - Answer-Type of sexual harassment that occurs when an
employee is forced to choose between giving in to a superior's sexual demands and
forfeiting an economic benefit such as a pay increase, a promotion, or continued
employment.
hostile work environment - Answer-a form of sexual harassment in which unwelcome
and demeaning sexually related behavior creates an intimidating and offensive work
environment
Ted is Jane's boss. Almost every week for the last two years, he has started the
Monday morning meeting with a dirty joke. Most of them are about sex. Jane has had
enough. Which of the following types of sexual harassment has Ted probably
committed? Assume that the company does not have particular sexual harassment
policy.
A) quid pro quo
B) hostile work environment
C) both A and B
D) none of the above - Answer-B) hostile work environment
Although bosses are the usual perpetrators of quid pro quo harassment, no sexual
advances or demands for sexual contact were made here. But, persistent dirty jokes
likely meet the severe or pervasive requirement and ted has very likely created a hostile
working environment.
Age Discrimination in Employment Act of 1967 (ADEA) - Answer-Protects against age
discrimination for people 40 years or older
Americans with Disabilities Act of 1990 (ADA) - Answer-A law passed in 1990 that
requires employers and public facilities to make "reasonable accommodations" for
people with disabilities and prohibits discrimination against these individuals in
employment.
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