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Q:
What kinds of impairments are covered under the Americans with Disabilities Act (ADA) and what are not?
Q:
What measure has been taken by the Americans with Disabilities Act to prevent disability discrimination of job applicants?
Q:
What are some of the reasonable accommodations that employers can make for disabled employees?
Q:
Mona, a cashier, easily becomes exhausted if she stands for a long time because she only has partial use of one of her legs. As a result, she has difficulty making it through her shift and she requests a stool. Is she justified in making such a request?
Q:
What protections are afforded to employees under the Age Discrimination in Employment Act?
Q:
What are the advantages of suing under Section 1981 instead of Title VII?
Q:
Briefly discuss the employer defenses to age discrimination.
Q:
What are the remedies available to plaintiffs under the Age Discrimination in Employment Act (ADEA)?
Q:
What is the difference between affirmative action and the setting of quotas?
Q:
What is a seniority system, and what does Title VII of the Civil Rights Act state about the use of seniority systems in employment?
Q:
GHG Bellfast, a shipyard company, employed a female welder. She was harassed by certain male employees. The men drew obscene graffiti directed at the victim all over the plant. They also made numerous suggestive and offensive remarks to the victim concerning her body. The victim complained about this atmosphere of harassment. The companys supervisory personnel immediately transferred those male employees to another department with a warning. A few days later, she sued the company for creating a hostile working environment. Does GHG Bellfast have any defense against the charges?
Q:
Mena has been employed at Bills Department Store for approximately 10 years as an assistant manager. Despite her supervisors assurances that she is among the top candidates for a promotion, she is repeatedly passed over. Five store manager positions have been given to less-experienced and less-qualified men within a two-month period as well as to women with no children or to women who assured their bosses they would have no more children. Mena has one child and is pregnant again. When she confronts her supervisor, he tells her that her motherhood is the reason for her being passed over for promotion. What legal course of action can Mena take in this case?
Q:
What is the focus of Equal Pay Act cases?
Q:
Briefly discuss the controversial Proposition 209 in California.
Q:
Jessica Hopkins, a marketing manager of a firm, has a stellar employment record with the firm. When her name came up for promotion, the committee responsible for promotions felt that clients would not respond well to a female head, so they gave her a salary hike instead. Can Jessica sue the firm in this case?
Q:
Stella is an automobile engineer at Mobility Farm Inc. Stella is denied promotion when she refuses to grant sexual favors to one of her supervisors. She files a sexual harassment case against Mobility Farm. The company defends itself by saying that the behavior of the male supervisor is normal and that Stella is simply overreacting. Does Stella have any legal recourse in such a situation?
Q:
To win a Title VII of the Civil Rights Act case, what must a plaintiff prove?
Q:
Mohan is a first-generation immigrant from India. He works as an engineer in a software company in the United States. He is a good worker and friendly by nature. However, he becomes the target of racial slurs and jokes by his colleagues. Does the law give Mohan the right to protect himself from such behavior by his colleagues? Under what condition is discrimination based on national origin permissible?
Q:
According to a lawsuit filed by the Equal Employment Opportunity Commission, Asif Jamal, a Muslim, who worked as a security officer for a nonprofit, nonreligious group in the United States, was fired after he refused the companys request to donate money to a Catholic school because the schools religious mission was different from his own beliefs. Is the nonprofit group liable to be sued for promoting religious discrimination?
Q:
Briefly discuss retaliation in the context of discrimination.
Q:
When can an employer use a business necessity defense? How can this defense be broken by a plaintiff?
Q:
A restaurant refuses to serve Joe as he is an African American. When Joe complains to the owner of the restaurant, the owner tells Joe that he owns the restaurant, and he can refuse service to whomever he wants. Will the owner escape liability under the provision in Title VII of the Civil Rights Act which allows discrimination under certain conditions?
Q:
Briefly discuss the 1991 amendments to the Civil Rights Act in the context of compensatory and punitive damages.
Q:
How does the Equal Employment Opportunity Commission avoid preempting states fair employment laws?
Q:
As interpreted by the courts, Section 1981, a provision of the Civil Rights Act of 1866, applies only to ______.
A. religious discrimination
B. age discrimination
C. sexual discrimination
D. racial discrimination
E. discrimination on the basis of disabilities
Q:
______ is the process of adjusting a job or work environment to fit the needs of disabled employees.
A. Reasonable accommodation
B. Quid pro quo
C. Redlining
D. Qualified accommodation
E. Mandatory extradition
Q:
The 1991 revision of the Civil Rights Act to support punitive and compensatory damages has
A. reduced the number of discrimination suits against employees.
B. encouraged employees to sue their employers.
C. reduced the effectiveness of the Equal Employment Opportunity Commission.
D. made it possible for courts to award unlimited damages.
E. nullified the business necessity defense.
Q:
What are the types of employer action in which discrimination is prohibited?
Q:
Which of the following is considered to be a genetic test under the Genetic Information Nondiscrimination Act?
A. a complete blood count
B. a cholesterol test
C. a liver-function test
D. a test for colon cancer
E. a test for HIV
Q:
Who among the following is covered by the Americans with Disabilities Act?
A. Nina, who is a lesbian
B. Ryan, who suffers from a sexual behavior disorder
C. Daniel, who is a compulsive gambler
D. Sharon, who is diabetic
E. Sam, who is a kleptomaniac
Q:
The Americans with Disabilities Act does not require employers to
A. hire the unqualified disabled.
B. hire the qualified disabled.
C. make reasonable accommodations for their employees.
D. make reasonable accommodations for customers.
E. purchase equipment for use by disabled employees.
Q:
Philip, a manager, learns that Sarah, his employee, has a sister who suffers from Huntingtons Disease. Philip withholds Sarahs promotion on the basis that she risks developing the condition as well. In this scenario, which of the following acts prohibits the decision made by Philip?
A. The Americans with Disabilities Act
B. The Health Insurance Portability and Accountability Act
C. The Genetic Information Nondiscrimination Act
D. The Civil Rights Act
E. The Equal Pay Act
Q:
The Rehabilitation Act applies only to employers doing business with the government under a federal contract for ______.
A. $2,500 or more
B. $500 or more
C. $1,500 or more
D. $1,000 or more
E. $2,000 or more
Q:
Mandy is fascinated by the water sprinkler that she sees in her neighbor, Mrs. Browns garden. In order to examine it more closely, she crosses Mrs. Browns yard without her permission. Under tort law, which action can be brought against Mandy?
Q:
What problem does the Kyoto Protocol address and what conclusions were reached?
Q:
What is the greenhouse effect and what are the changing climatic patterns around the world?
Q:
______, effective November 2009, prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information.
A. The Genetic Privacy and Nondiscrimination Act
B. The Genetic Fairness Act
C. The Genetic Information Nondiscrimination in Health Insurance Act
D. The Genetic Confidentiality and Nondiscrimination Act
E. The Genetic Information Nondiscrimination Act
Q:
What is the tort of strict liability?
Q:
James is constructing a boundary wall for his house. A tree blocks the construction. James instructs the construction workers to cut down a tree that had been planted along the boundary. The tree is cut and falls on the road, blocking it completely, causing great inconvenience to the people living in the locality. Under the tort law, which action can be brought against James?
Q:
Smith Inc. is a smelting plant. Sarahs house is located near the plant. She claims that the fumes from the plant are damaging her rose plants. Under tort law, which action can be brought against Smith Inc.?
Q:
Who is responsible for control of overall radiation pollution?
Q:
What can a private citizen do to force a private polluter to comply with the Clean Air and Clean Water Acts?
Q:
Silas suffers from mesothelioma, a disability directly linked to exposure to asbestos at the power plant that he worked in. The power plant had not given prior notice to the Environmental Protection Agency (EPA) regarding the usage of asbestos. Which law has been violated by the power plant where Silas worked?
Q:
What is the manifest system that is used by the Resource Conservation and Recovery Act (RCRA) for the disposal of hazardous wastes?
Q:
Under the Resource Conservation and Recovery Act, what are the obligations of a generator of wastes?
Q:
Who are the responsible parties recognized under the Superfund?
Q:
What reforms have been proposed to the Superfund law by the business community?
Q:
What is emissions reduction banking and how is it used?
Q:
Why is the permitting process adopted by the Clean Air Act one of the most controversial issues in the area of pollution control?
Q:
Clark Power Station releases around five million gallons of wastewater every day containing mercury, cobalt, lead, and chromium. These substances exceed the limits that were determined by the Florida Department of Air and Water Pollution Control to maintain the quality of the water in the Trout River. It also discharges selenium in excess of permit limits. This element is extremely poisonous to waterfowl and fish. Which law does Clark violate?
Q:
Describe the Clean Water Act sequence for cleanup of industrial wastes discharged into rivers and streams.
Q:
Describe the acts, apart from the Clean Water Act, that are related to pollution control, which are administered by the Environmental Protection Agency (EPA)?
Q:
An organization has set up a turbine farm project near the coast. However, it so happens that the coastal area is one of the principal bird migration corridors. The sound of the turbines is likely to hurt the birds and would destroy their habitat. Which law has been violated by this organization?
Q:
What are the different approaches taken by the state and local governments in responding to solid waste disposal problems?
Q:
Explain how the prevention of significant deterioration policy under the Clean Air Act works and why it is criticized by some.
Q:
Anderson Inc. has an oil refinery spread over an area of 1,500 acres in Texas. The refinery produces over 200,000 barrels of oil per day. The refinery is located next to a residential neighborhood with an approximate population of 1,000 people. It releases gases of over three thousand pounds of benzene, five thousand pounds of sulfur dioxide, and seven thousand tons of carbon monoxide. It violates the standards established by the federal authorities. Which act does Anderson violate? Explain.
Q:
How does the Clean Air Act divide air pollution sources?
Q:
What are the civil and criminal penalties that enforce the Clean Air Act?
Q:
How is the bubble concept different from the point source concept when measuring pollution emissions?
Q:
What is the technology-forcing aspect of the Clean Air Act?
Q:
What are the components of the environmental impact statement (EIS) and when are they required?
Q:
What are the responsibilities of the Environmental Protection Agency?
Q:
What are the primary and secondary air quality standards according to the Clean Air Act?
Q:
The basis for the ______ tort lies in the defendants breach of his or her duty to use ordinary and reasonable care toward the plaintiff, which proximately (foreseeably) causes the plaintiff injury.
A. strict liability
B. negligence
C. trespass
D. private nuisance
E. public nuisance
Q:
High carbon dioxide levels which lead to warmer global temperatures create the
A. butterfly effect.
B. greenhouse effect.
C. polar effect.
D. Bohr effect.
E. boomerang effect.
Q:
A factorys failure to use pollution-control equipment may be evidence of its failure to exercise ______ resulting in evidence of negligence.
A. best practices
B. prudence
C. standard of care
D. reasonable care
E. good faith
Q:
The common law of ______ is established when the use of ones land unreasonably interferes with the use or enjoyment of anothers land.
A. strict liability
B. negligence
C. trespass
D. private nuisance
E. due diligence
Q:
A defendant is liable for ______ if, without right, he or she intentionally enters land in possession of another or causes something to do so.
A. strict liability
B. negligence
C. trespass
D. private nuisance
E. public nuisance
Q:
A company manufactures explosives that are used for the demolition of structures. These explosives are stored in its warehouse situated in a residential area. One day, the warehouse catches fire, resulting in an explosion which causes widespread damage to the lives and property of the people living in that area. The company is guilty of
A. strict liability.
B. negligence.
C. trespass.
D. private nuisance.
E. public nuisance.
Q:
______ refers to an act that causes inconvenience or damage to the public in the exercise of rights common to everyone.
A. Direct interference
B. Negligence
C. Trespassing
D. Due diligence
E. Public nuisance
Q:
Which of the following statements is true of tort laws?
A. The defendant is usually liable for trespass if he enters the land unintentionally.
B. The basis for the negligence tort lies in the plaintiffs ability to use reasonable care in his duty to reduce injury to himself.
C. The defendants failure of reasonable care is unnecessary in the tort of strict liability.
D. The damages caused as a consequence of public nuisance can be brought forward by any private or public official regardless of the special damages suffered by them.
E. The tort of strict liability is used in cases which involves storage and use of explosives.
Q:
Which of the following statements is true of the Comprehensive Environmental Response, Compensation, and Liability Act?
A. It levies punitive damages up to five times of the cleanup costs.
B. It mandates notification for authorized release of hazardous substances.
C. It imposes strict liability on those responsible for unauthorized discharges of hazardous wastes.
D. It supersedes international pollution control laws.
E. It provides a statement of revenues generated from organizations making healthy use of natural resources.
Q:
Under the Superfund, the costs for restoring land to its previous condition is called ______.
A. reformation
B. remediation
C. rehabilitation
D. reconstruction
E. reclamation
Q:
Under the Superfund law, a purchaser of land may escape the liability to clean up hazardous wastes by
A. fixing responsibility on the previous owner of the land.
B. suing the land seller for the hazardous wastes left by the seller.
C. informing the government of any hazardous wastes in the land.
D. pleading ignorance to the knowledge of the act.
E. proving the use of due diligence in checking the land for toxic hazards.
Q:
If a bank assumes ownership of a piece of contaminated land
A. the previous owner will be solely responsible for the cleanup.
B. the bank can re-sell the property without any liability for cleanup.
C. the bank becomes a responsible party.
D. the bank is withheld from selling the land due to its contaminated status.
E. the future owner will be solely responsible for the cleanup upon its sale to the future owner.
Q:
Which of the following statements is true of private citizens?
A. They can report violations of environmental law to the Environmental Protection Agency (EPA), but cannot act directly.
B. They cannot sue polluters directly to force them to cease violating environmental laws.
C. They can sue public agencies, like the Environmental Protection Agency (EPA), to force the adoption of regulations.
D. They can sue businesses, but not the government, to enforce rules under environmental statutes like the Clean Air Act and the Clean Water Act.
E. They cannot sue offending polluters under tort theories of strict liability and negligence as these theories are not established.
Q:
Under the Resource Conservation and Recovery Act, a generator of wastes is obligated to
A. provide on-site disposal of the waste.
B. determine if a nonlisted waste is hazardous in terms of the chemical characteristics specified by the Solid Waste Disposal Act.
C. determine whether its wastes qualify as hazardous.
D. reduce production of new chemicals.
E. pay punitive and speculative damages to the aggrieved party.
Q:
Which of the following statements holds true for the manifest system of hazardous waste disposal?
A. It assesses penalties for failure to comply with the provisions of the Resource Conservation and Recovery Act (RCRA).
B. It refers to the software packages used for aggregating data for optimization of operations for waste collection.
C. It prescribes various record-keeping requirements that manifest waste disposal.
D. It obligates the generator to determine whether its wastes qualify as hazardous under the manifest system.
E. It requires the generator to prepare a manifest document that designates a licensed facility for disposal purposes.
Q:
Which of the following statements is true of the Resource Conservation and Recovery Act (RCRA)?
A. The RCRA accomplishes proper disposal of hazardous wastes through the point-source system.
B. The RCRA moves the handling of toxic wastes away from burial on land to treatments that destroy or permanently detoxify wastes.
C. The RCRA is exempted from the Environmental Protection Agency (EPA) from maintaining any records or a penalty system for failure to comply with the provisions of the act.
D. The RCRA was created primarily to provide financial assistance to local governments.
E. The RCRA lacks investigatory powers but maintains executory powers.
Q:
Opinion research indicates that the publics highest concern regarding regulation of industry is
A. expansion of industry into protected areas.
B. control of toxic and hazardous chemicals.
C. movement of industry to less-regulated countries.
D. land encroachment in national parks.
E. the transfer of toxic materials to developing countries.