LEB 320F Midterm #2 Exam Questions
with Latest Update
What does Mr. Q say about the Golden Rule? - Answer-Treat others the way they want
to be treated (rather than the way you want to be treated); requires you to try and
understand the other side
National Labor Relations Act - Answer-A 1935 law, also known as the Wagner Act, that
guarantees workers the right of collective bargaining, sets down rules to protect unions
and organizers, and created the National Labor Relations Board to regulate labor-
management relations.
Most powerful weapon of Labor Unions - Answer-Strikes
Does the NLRA protect independent contractors? - Answer-No, just employees
Who does the NLRA apply to? - Answer-All employers involved or affecting interstate
commerce
Civil Rights Act of 1964 (Title VII) - Answer-Prohibits discrimination in office based on
race, color, religion, sex, national origin, or sexual identity/orientation (as of 2020)
Affects private companies, not just the gov't
What type of organization is allowed to discriminate? And based on what? - Answer-
Religious organizations can discriminate based on religion
To whom does Title VII of the Civil Rights Act of 1964 apply? - Answer-Employers,
employment agencies, and labor unions
Employer is subject if they have 15 or more employees and they are engaged in
business that affects interstate or foreign commerce
Do you go directly to court with a discrimination case? - Answer-No, you go through the
EEOC
You can file a suit after EEOC and/or state agency have concluded investigation
Disparate Treatment - Answer-Intentional discrimination
There's rarely an explicit exclusionary policy
What must be proven/shown in a disparate treatment discrimination case? - Answer-
Need to show race/gender/etc. was a substantial contributing factor
Can show circumstantial evidence
Plaintiff must show adverse employment decision was discriminatory and must be
proved by preponderance of evidence (greater than 50%)
,Prima Facie Case - Answer-established when EEOC or an individual plaintiff proves
facts that permit an inference that intentional discrimination on the basis of race,
national origin, gender, or religion was the employer's motivation for a negative action
What happens if a prima facie case is proven? - Answer-Burden shifts to employer's
rebuttal --> plausible evidence of a nondiscriminatory reason such as, poor
performance, absenteeism, and sub-ordination
What type of discrimination is sexual harassment? - Answer-Disparate treatment
(intentional discrimination)
Quid Pro Quo Sexual Harassment - Answer-a form of sexual harassment in which
employment outcomes, such as hiring, promotion, or simply keeping one's job, depend
on whether an individual submits to sexual harassment
Hostile Environment Sexual Harassment - Answer-occurs when a supervisor or other
employee makes sexually suggestive comments, gestures, advances, pictures, text,
touch or humor that unreasonably interferes with work performance; alters the terms
and conditions of employment for an employee who has been targeted
When is a company liable for sexual harassment claims? - Answer-Strictly liable when a
supervisor is the harasser
Also liable if supervisor knew or should've known and didn't take immediate action
Why are companies strictly liable when the supervisor is the harasser? - Answer-The
company will be more likely to do things to prevent sexual harassment & victims are
more likely to file claims because there is a greater guarantee of getting money (since
it's a company rather than an individual)
Special Defense for Sexual Harassment Claims - Answer-1. No tangible job detriment
2. Company policy w/clear procedures & company makes quick/reasonable effort to
address the problem
3. Employee did not use procedures
constructive discharge - Answer-Occurs when an employer makes working conditions
so intolerable that an employee has no choice but to resign
Okoli v. City of Baltimore - Answer-Appellant challenges the grant of summary judgment
for her employer when her boss forcibly kissed her, fondled her leg, propositioned her,
asked sexually explicit questions, described sexual activities he wished to perform, and
then, after she spurned the advances and filed a harassment complaint, fired her.
Because those allegations are sufficient to make out claims of hostile work environment,
quid pro quo harassment, and retaliation, we vacate and remand.
, Employment Practices Liability Insurance (EPLI) - Answer-sexual harassment insurance
(general liability policies do NOT cover harassment claims)
Disparate Impact - Answer-Neutral on its face (ex: hiring only ppl over 6ft)
Must initially prove that the employment practice in question has an adverse impact on
the protected group (prima facie case --> prove the elements)
Employer's Rebuttal in Disparate impact: - Answer-Business necessity response
1. Challenged employment practice was necessary to achieve an important business
objective
2. the practice actually achieves this objective
BFOQ (Bona Fide Occupational Qualification) - Answer-an exception in employment
law that permits sex, age, religion, and the like to be used when making employment
decisions, but only if they are "reasonably necessary to the normal operation of that
particular business."
Does not apply to race, usually about gender
Examples of BFOQ - Answer-Only hiring women to work in a lingerie dept
Hiring only men to be bathroom attendant's in a men's restroom
Female nurses to work in labor & delivery dept
Hooters & Twin Peaks relating to the BFOQ - Answer-Hire only female servers, but
doesn't seem legal
2 lawsuits, but both cases were settled so we don't know how the courts view it (Hooters
were planning to attempt to assert BFOQ)
Affirmative Action in the workplace - Answer-Legal under Title VII
Requirements:
Must be a formal system (cannot be ad hoc)
Must be temporary
Cannot completely bar hiring/promotion of non minority workers
Cannot hire or promote unqualified workers
If the program is court-ordered, it must be based on evidence of discrimination
Age Discrimination in Employment Act - Answer-1967 law that prohibits discrimination
of employees 40 years and up (age must be a motivating factor)
Person's with Disabilities Act (ADA) - Answer-Disability = physical or mental impairment
that substantially affects one or more of the major life activities (practical consequences
--> expensive)
Company has to make reasonable accommodations (not required to incur undue
hardship)
Employee Safety & Welfare - Answer-Worker's compensation: different kind of
insurance policy; insurance for job related accidents
