HRM 6605 Final Exam With Complete Solutions
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6 factors considered by EEOC and courts that say the employer reasonably
borne the burden of accomodation ANS✔✔ ASTOCA
1. whether the employer made an attempt at accommodation
2. size of the employer's workforce
3. type of job in which the conflict is present
4. employer's checking with other employees to see if anyone was willing to
assist in the accommodation
5. Financial cost of accommodation
6. Administrative burdens of accommodation
Duty to reasonably accommodate ANS✔✔ the employer's Title VII duty to
find a way to avoid conflict between workplace policies and an employee's
religious practices or beliefs
Does Title VII prohibit religious discrimination or harassment? ANS✔✔ yes,
both
Religious Freedom Restoration Act (1993) ANS✔✔ ensures the free exercise
of religious practice
Is there absolute prohibition for religion? For disability? ANS✔✔ NO!
, Solution 2024/2025
Pepper
religious groups covered by the ADEA or court determinations ANS✔✔
employers must accept a belief as religious & attempt to accommodate for
conflicts if employee's belief is 1) closely held and 2) takes the place of
religion in their life
How can an employer be free of liability related to religious
accommodations? ANS✔✔ If they show they tried to accommodate but it
was not possible or it would have caused undue hardship
pretext ANS✔✔ it is not the true reason for the action (there is some
underlying motivation that the employer has not admitted)
reverse discrimination ANS✔✔ discrimination against members of a
dominant or majority group, in favor of members of a minority or historically
disadvantaged group
Who is protected by the ADEA from reverse discrimination? ANS✔✔ only
protect employees who are over 40, those under 40 cannot even file a claim
claiming they were discriminated against because of their youth
What to do if your employer engaged in age discrimination ANS✔✔ 1. file
complaint with employer, using employer's internal grievance procedures
2. file a complaint with the EEOC
3. file a complaint with state equivalent of EEOC
4. file lawsuit in federal court under ADEA
, Solution 2024/2025
Pepper
5. file lawsuit in state court under state age discrimination laws
logistics of filing an age discrimination claim with the EEOC ANS✔✔ -
deadline is 180 days from when incident occurred, can be extended to 300
days if the state has age discrimination laws and an administrative agency
to oversee age discrimination complaints
- could dismiss complaint if they believe charges have no merit, or it could
investigate
Once employee receives right to sue letter, how many days do they have to
file suit against employer in his or her own name? ANS✔✔ 90 days
What are the possible outcomes after the EEOC investigates a claim of age
discrimination? ANS✔✔ could either bring suit on employee's behalf if it
believes charges have merit or give employee right to sue letter if it
believes charges lack merit needed to file suit
disparate treatment ANS✔✔ when discrimination is directed at an
employee, to the exclusion of other employees (ex: employee treated
differently from others because of age)
- the employee does not have to be the only one affected, but the action
must be directed at that employee
disparate impact for age ANS✔✔ actions that are not directed at employee
because of his or her age but instead have an unfair impact on older
workers in general
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