Q&A Hero

Q: The FLSA requires breaks or meal periods to be given to workers.

Q: What are some of the things an employer can do to protect himself/herself from a lawsuit concerning employment?

Q: What is meant by the term "paper fortress" and why would an employer amass a "paper fortress"?

Q: How does "writing" as a piece of documentation help the employer?

Q: States may set minimum wage amounts that are lower, not higher, than the federal minimum wage.

Q: Patty Holmes, a 15-year-old high school sophomore attending Valley High, was participating in a junior varsity field hockey match against a team from Manfield High. While Holmes was controlling the ball and attempting to score a goal, one or more members of the Manfield team came into contact with her, causing her to fall and sustain injuries. Holmes claimed that the school and school district were negligent and sued to recover damages for the injuries she sustained during the field hockey match. Under the common law, is Patty eligible to recover damages?

Q: Martin was injured in a collision between his buggy and Herzog's car. Martin was driving at night without lights. Martin's wife sued Herzog. Herzog claimed that Martin's failure to use headlights resulted in the accident. Is there any provision under the common law that would come to Herzog's rescue?

Q: John, a New York City fireman was fighting a fire when he was struck by a couch which a fellow firefighter had either thrown or pushed from a window of a burning building. John sustained injuries and sued the city for damages. In its defense, the city asserted the common law fellow-servant rule. What is the fellow-servant rule? Does it apply in this case?

Q: The U.S. Citizen and Immigration Services broadly categorizes document abuse into four categories. List the categories.

Q: What are the rewards received by the whistleblower as part of the IRS Whistleblowers Rewards Program?

Q: Pat Whatmore worked as manager at National Banks. One morning, a National branch received a telephone call from Whatmore, who claimed that he had been forced at gunpoint to help rob the bank. Later that same day, National Banks' regional security manager requested Whatmore to take a polygraph examination in order to eliminate his name from the list of suspects. Whatmore refused and sued the bank for the breach of privacy. Is the bank justified in asking Whatmore to take a polygraph test?

Q: What should be the main consideration of employers who wish to have employment disputes arbitrated?

Q: What is the purpose and jurisdiction of Occupational Safety and Health Administration (OSHA)?

Q: What kind of alterations would an employer expect to make to accommodate a disabled employee?

Q: A cashier easily becomes fatigued because she can make only partial use of one of her legs. As a result, she has difficulty making it through her shift. The employee requests a stool because sitting greatly reduces the fatigue. Is she justified in making such a request? Discuss.

Q: A cleaning crew works in an office building. Mike is a member of the crew. He wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. The marginal functions of a second crew member include cleaning the small kitchen in the employee's lounge, which is something that Mike can perform. Mike requests his employers to allow him to clean the kitchen rather than sweeping the steps. His employer refuses the request. Is the employer legally right in doing so?

Q: What do the final regulations published by EEOC, while implementing Title II of Genetic Information Nondiscrimination Act (GINA), intend to do? The EEOC regulations, which became effective on January 11, 2011, are intended to: Prohibit the use of genetic information in employment decisions. Restrict employers from requesting, requiring, or purchasing genetic information. Require that genetic information be maintained as a confidential medical records and place strict limits on the disclosure of genetic information. Provide remedies for individuals whose genetic information is acquired, used, or disclosed in violation of Genetic Information Nondiscrimination Act (GINA).

Q: What kinds of impairments are covered under the Americans with Disabilities Act (ADA) and what are not?

Q: What protections are afforded to employees under the Age Discrimination in Employment Act (ADEA)?

Q: What advantages exist in using Section 1981 instead of Title VII as the basis of a lawsuit?

Q: Eastern Airlines allowed younger pilots who had become disabled to transfer automatically to the position of flight engineer, but did not allow pilots and co-pilots past the age of 60 to do the same. Which law does Eastern Airlines violate?

Q: What are the remedies available to plaintiffs under the Age Discrimination in Employment Act (ADEA)?

Q: Mena Vaska is an employee at Bill's 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 are 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 assure their bosses they would have no more children. Mena has one kid and is pregnant again. Mena thinks that her motherhood is the reason for her being passed over for promotion. What legal course does Mena have?

Q: Tom is a cop and has a reputation for being one of the toughest men in the precinct. He regularly hangs out with the guys and flirts with the women. After two years, he announces that he is gay and always has been. A week later, he is fired when his lieutenant announces that he cannot trust a gay person and feels too uncomfortable around him. If Tom files a discrimination complaint with the EEOC, what will be the outcome?

Q: What effect did the Supreme Court case of Adarand Constructors, Inc. v. Pena have in defining affirmative action?

Q: What is the difference between affirmative action and the setting of quotas?

Q: What is a seniority system and what does it affect?

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 of his colleagues. Does the law give Mohan the right to protect himself from such behavior of his colleagues?

Q: According to a lawsuit filed by the EEOC a year ago, Asif Jamal, a Muslim who worked as a security officer for a nonprofit group in California, was fired after he refused the company's request to donate money to a Catholic school because the school's religious mission was different from his own beliefs. Is the nonprofit group liable to be sued for promoting religious discrimination?

Q: Jessica Hopkins is the marketing manager of a firm. She has a stellar employment record with the firm. Jessica has won very large contracts for the firm and also is at the top of the list for billable hours. In addition, she has impeccable integrity and is considered to be one of the most intelligent members of the firm. The committee responsible for promotions felt that Jessica was not ladylike enough. Jessica was told that in order to be promoted, she needed to "dress more femininely, wear makeup, have her hair styled, and wear jewelry." Can Jessica sue the firm?

Q: Stella is an automobile engineer and she works in one of the plants of an automobile giant. The women in the plant are routinely fondled, verbally abused, and subjected to obscene jokes, behavior, and graffiti. Stella is denied promotion when she refuses to grant sexual favors. She makes a complaint against such behavior. The company defends itself by saying that the behavior of the male workers is normal and that Stella is simply overreacting. Does Stella have any legal recourse in such a situation?

Q: A shipyard company employed a female welder who was harassed by her male employees. The men wrote obscene graffiti directed at the victim all over the plant. The men also made numerous suggestive and offensive remarks to the victim concerning her body and the pictures posted on the walls. The victim complained about this atmosphere of harassment. The company's supervisory personnel immediately transfered the erring employees to another department. After this, the victim is seen talking to the erring employees and having lunch with them. A few days later, she sues the company for creating a hostile working environment. Does the company have any defense against the charges?

Q: To win a Title VII case, what must a plaintiff prove?

Q: A restaurant refuses to serve Joe because of the color of his skin. When Joe complains about the issue, the manager of the restaurant tells Joe that the restaurant is only meant for whites and hence non-whites are not served in the restaurant. Will the manager escape liability under the provision in Title VII which allows discrimination under certain conditions?

Q: Under the 1991 Congressional amendment of the Civil Rights Act, what conditions are necessary for damages to be paid?

Q: How did the 1991 amendments affect the Civil Rights Act of 1964?

Q: Which of the following is considered to be a genetic test, the information from which cannot be used for firing, refusing to hire, or otherwise discriminating against individuals, under the federal law? A. Cholesterol test B. Analysis of proteins C. Liver function test D. Complete blood count test E. Newborn screening test

Q: The Health Insurance Portability and Accountability Act (HIPAA) applies only to: A. life insurance companies. B. law enforcement agencies. C. agencies that deliver social security and welfare benefits. D. researchers who obtain health data directly from health care providers. E. health insurance companies.

Q: Red Head, Inc., is a local beauty salon with three employees. Faye is black, Aimee is Jewish, and Sarah weighs 300 pounds. Statistics show that blacks have a higher rate of sickle cell anemia; Jews have a higher rate of Tay-Sachs Disease, and severely obese people have a higher rate of diabetes than the general population. Based on statistics provided by certified reputable sources regarding the likelihood of contracting the above diseases, the manager/owner of Red Head has set up a health plan in which Aimee pays a higher premium than Faye, with Sarah paying the highest premium. Which of the following is true? A. This arrangement violates COBRA. B. This arrangement violates HIPAA. C. This arrangement violates ERISA. D. Since the data used by the employer is from a certified reputable source, there is no violation of law because the insurance premium reflects the true risk. E. This arrangement violates ADEA.

Q: The 1991 amendments to the Civil Rights Act allow: A. recovery of damages at any time after discrimination is practiced. B. recovery of compensatory and punitive damages when employers are guilty of intentional discrimination. C. recovery of compensatory and punitive damages when employers are guilty of negligent discrimination. D. punitive damages of twice the compensatory damages when negligence is proven. E. speculative damages along with the legal fees.

Q: What are the types of employer action in which discrimination is prohibited?

Q: A school's police/security force requires that all officers be over six feet tall and weigh over 200 pounds. This requirement creates a: A. disparate treatment regarding men. B. disparate impact regarding men. C. disparate treatment regarding women. D. disparate impact regarding women. E. disparate impact regarding minorities.

Q: The ADA specifies that in evaluating undue hardship, all of the following must be considered EXCEPT: A. the availability of other employment for the disabled person. B. the cost of accommodation. C. the resources of the employer. D. the nature of the business. E. the size of the employer.

Q: A cleaning company rotates its staff to different floors on a monthly basis. One crew member has a psychiatric disability. While his mental illness does not affect his ability to perform the various cleaning functions, it does make it difficult to adjust to alterations in his daily routine. The employee has had significant difficulty adjusting to the monthly changes in floor assignments. In view of this difficulty, the employer decides to allow him to stay on one floor permanently. This is an example of: A. disparate treatment. B. affirmative action. C. hostile work environment. D. retaliation. E. reasonable accommodation.

Q: The _____, effective November 2009, prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information. A. Genetic Privacy and Nondiscrimination Act B. Genetic Fairness Act C. Genetic Information Nondiscrimination in Health Insurance Act D. Genetic Confidentiality and Nondiscrimination Act E. Genetic Information Nondiscrimination Act

Q: Under Section 1981 of the Civil Rights Act of 1866: A. damages are limited to $300,000 per person. B. damages are unlimited. C. a plaintiff must first go through the EEOC to file an employment suit. D. a plaintiff can sue for unlimited damages for discrimination based on sex, religion, national origin, or age. E. damages also include legal fees.

Q: A person may sue for job discrimination based on age using: A. the 1964 Civil Rights Act. B. the EEOC. C. Section 1981 of the Civil Rights Act of 1866. D. the ADEA. E. the 1875 Civil Rights Act.

Q: The ADEA recognizes: A. only claims based on disparate impact. B. only claims based on disparate treatment. C. both disparate impact and disparate treatment claims. D. rules regarding age but not from a discrimination perspective. E. only claims based on retaliation.

Q: Remedies for a violation of the ADEA may include: A. back pay. B. interest on the arrears to be paid for the period of nonemployment. C. a compensatory bonus for the period of nonemployment. D. promotion for an improperly fired employee. E. damages for the psychological trauma of being fired illegally.

Q: Section 1981 of the Civil Rights Act of 1866: A. was repealed by the passing of the Civil Rights Act of 1964. B. addressed the right to contract by all persons. C. was the first attempt to launch affirmative action in the U.S. D. introduced and established the business necessity defense. E. allowed the recovery of compensatory and punitive damages when employers are guilty of intentional discrimination.

Q: Affirmative action: A. is the same thing as setting a quota. B. is prohibited by the 1991 Civil Rights Act amendments. C. requires that federally contracting employers recruit members of minority groups being underused in the workforce. D. requires that all employers hire members of minority groups being underrepresented in the labor force. E. states that the act of hiring for a discriminatory reason is apparently illegal.

Q: The _____ requirement means that federally contracting employers must hire members of these groups when there are fewer minority workers in a given job category than one could reasonably expect, considering their availability. A. disparate treatment B. affirmative action C. reverse discrimination D. retaliation E. business necessity defense

Q: Mack does not get a job that he is highly qualified for because the company has to appoint an individual from a minority group as part of the federal policy. The person being appointed is less qualified than Mack. This is an example of: A. disparate treatment. B. affirmative action. C. reverse discrimination. D. retaliation. E. business necessity defense.

Q: California's Proposition 209: A. requires affirmative action in all government hiring. B. prohibits affirmative action in public employment. C. requires affirmative action plans of all businesses engaged in interstate commerce. D. was overturned on appeal by the Supreme Court. E. affects private employer affirmative action plans required by federal law.

Q: With regard to the Equal Pay Act, courts have recognized that "equal" means: A. identical. B. indistinguishable. C. substantially equal. D. vaguely equal. E. similar.

Q: Which of the following specifically prohibit the practice of race norming of employment tests? A. The Civil Rights Act of 1924 B. The Civil Rights Act of 1964 C. The Civil Rights Act amendments of 1991 D. The EEOC through an administrative regulation E. The Civil Rights Act of 1957

Q: Which of the following is an example of "race norming"? A. Setting a quota designed to balance the black/white percentage of an employer's workforce. B. Conducting lessons in the English language for non-English-speaking employees to further effective communications. C. Designing an employment test and setting the passing score for white job applicants at 75 percent and the passing score for the minority job applicants at 65 percent. D. Firing white employees to make room for new African-American hires. E. Providing more promotion opportunities to members of a particular race at the expense of the others.

Q: Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking him to go anywhere. Furthermore, Kathy is always making provocative comments to him, telling dirty jokes, and asking him about his preferences in women which embarrasses him and has caused him to lose sleep. If Mike sues the school for permitting Kathy's behavior: A. the school would win because a woman cannot harass a man and Mike should be flattered rather than upset. B. the school would win because Mike and Kathy are on the same employment level and Mike cannot be truly harassed unless Kathy has the ability to impact his job status, which she does not. C. Mike would win if he had previously complained to the school and they had done nothing to stop the harassment. D. Mike would win because regardless of notice, the employer is per se liable for any improper activity that occurs on the job and it is their responsibility to know what is happening on their premises. E. the school would win because Mike does not suffer from any economic loss due to Kathy's behavior.

Q: The Pregnancy Discrimination Act: A. covers only married pregnant women. B. provides for medical coverage in case of medical complications arising from voluntary abortions. C. requires than an employer specify how long a leave of absence be taken after childbirth. D. bars a pregnant woman from all other benefits provided for employees if she undergoes an abortion. E. bars the inclusion of the pregnancies of male employees' wives in the employer's health insurance plan.

Q: Since the passage of the Pregnancy Discrimination Act, employers with health or disability plans must: A. cover all abortions. B. allow a stated mandatory leave of absence following birth. C. cover the wives of male employees as it does female employees. D. ensure a pay cut for employees availing pregnancy leave. E. cover only voluntary abortions.

Q: With regard to employer provided health and disability plans: A. an employer that provides childbirth benefits to married women may deny the same to single mothers if the employer finds single motherhood morally objectionable. B. if a female employee undergoes an abortion, the abortion may be excluded from coverage but the employee is still entitled to other benefits such as sick leave. C. an employer's plan that covers childbirth for female employees excludes coverage for wives of male employees. D. an employer is not required to provide abortion coverage even if the employee's life is endangered. E. an employer can specify how long a leave of absence must be taken after childbirth.

Q: Discrimination in pay is allowed if: A. it arises from a piecework production system. B. the discrimination is confidential. C. it is based on personal characteristics. D. the salary is not in U.S. dollars. E. it is based on gender.

Q: Making offensive remarks about looks, telling lewd jokes, or engaging in suggestive touching are all examples of: A. quid pro quo. B. hostile work environment. C. felony. D. prejudice. E. defamation.

Q: Maria has filed a sexual harassment suit against her employer. She states in the suit that she is often subjected to jokes about her Hispanic heritage. She has also complained that the male employees are frequently staring at her and commenting on her figure in an offensive and provocative way. Maria's job evaluations have been excellent both before and after her complaints and she has received regular merit raises. Personally, she has trouble sleeping at night, has lost much of her appetite, and is often depressed due to harassment at work. Which of the following is true? A. Maria is a victim of quid pro quo harassment. B. Maria is a victim of hostile environment harassment. C. Maria is a victim of retaliatory treatment. D. Maria has no cause of action because her job has not been impacted. E. Maria is a victim of race norming.

Q: Under Title VII, sexual harassment: A. requires a quid pro quo situation. B. must be between an employee and a supervisor to be actionable. C. can be the creation of a hostile work environment based on unwanted sexual comments. D. can occur only if the people involved are of opposite sexes. E. can occur only if there is the question of economic loss.

Q: Anna files a lawsuit against her employers on the grounds of hostile work environment. Ed, a black co-worker of Anna's, is interviewed by the EEOC to investigate Anna's claim. During the interview, Ed supports Anna's complaint, verifying each of her claims as being true. When management hears that Ed has cooperated with the EEOC and given damning testimony against the company, they transfer him to their facility at International Falls, MN. Ed's salary remains the same as does his job title. The standard of living in International Falls is much lower than where he lives now. Which of the following is true? A. Ed is a victim of disparate treatment. B. Ed is a victim of disparate impact. C. Ed is a victim of retaliation. D. Ed has no cause for action because his salary and job title have not been affected. E. Ed has no cause for action as the organization reserves the right to transfer its employees according to its requirements.

Q: With respect to an employee's religious beliefs, an employer must: A. do exactly as the employee expects. B. make reasonable accommodation. C. accommodate the employee even if it creates undue hardship to the employer. D. do nothing; religion is not a workplace issue. E. accommodate the employee even if it means inconveniencing other employees.

Q: An employee must file charges of illegal discrimination with the EEOC within _____ days after the unlawful practice occurred. A. 90 B. 120 C. 180 D. 365 E. 60

Q: The business necessity defense is a defense to suits: A. alleging disparate treatment. B. alleging disparate impact. C. regarding the ADA. D. arising from HIPAA. E. arising from GINA.

Q: An airline has an opening for a pilot for its fleet of jumbo jets. It stipulates that the candidates applying for the job must be at least five feet ten inches tall. The airline states that the aircraft can be safely and efficiently operated only by persons who can easily reach all of the controls in the cockpit. Passenger safety is the prime concern of the airline, and pilots must be a certain height to operate the aircraft. In this case, height is a valid requirement, and using it does not violate the employment discrimination laws. This is an example of: A. disparate treatment. B. disparate impact. C. reverse discrimination. D. affirmative action. E. business necessity defense.

Q: All of the following are steps an employer can take to address allegations of discrimination without triggering a retaliation claim EXCEPT: A. treat complaints seriously as soon as they are made. B. be sure managers and other employees know and follow the company's policies on discrimination. C. follow-up with the complainant, including explaining how the company will address the problem. D. take adverse action against a complainant based on information obtained in the investigation. E. create an atmosphere in which the complainant and others with information feel comfortable coming forward with information.

Q: Halle notices that there are unfair pay practices going on at her company wherein whites are being paid higher than African Americans for the same job. She files a complaint because she feels the company is not following the law. The company does not take kindly to the complaint. Halle is demoted, her staff has been taken away from her, and she is forced to take a salary cut. This is an example of: A. affirmative action. B. disparate impact. C. reverse discrimination. D. retaliation. E. business necessity defense.

Q: The members of the Equal Employment Opportunity Commission (EEOC) are: A. appointed by the Senate on the recommendation of the president. B. appointed by the president, with the advice and consent of the House of Representatives. C. elected by the people. D. appointed by the House of Representatives on the recommendation of the president. E. appointed by the president, with the advice and consent of the Senate.

Q: Under the 1991 Civil Rights Act amendments, _____ damages include damages for the pain and suffering of discrimination. A. punitive B. speculative C. nominal D. restitutionary E. compensatory

Q: A supervisor has 10 employees (five men and five women) who have the same job titles and same work responsibilities. He refuses to let the female employees bid on overtime assignments because he thinks they should be home at 5 p.m. to get dinner ready. This is an example of: A. reverse discrimination. B. business necessity defense. C. retaliation. D. disparate impact. E. disparate treatment.

Q: Interpreting Congressional intent, which of the following is never a BFOQ? A. Race B. Sex C. Religion D. National origin E. Sexual orientation

Q: The EEOC was created by the: A. Civil Rights Act of 1964. B. 1972 Equal Employment Opportunity Act. C. Americans with Disabilities Act. D. Age Discrimination in Employment Act. E. Civil Rights Act of 1991.

Q: In 1991, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages per person to be up to: A. $100,000. B. $250,000. C. $300,000. D. $1 million. E. $400,000.

Q: A 911 emergency response service needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected due to their poor English-speaking skills. They file a complaint on the grounds of discrimination based on nationality. Their complaint is quashed. Here, the defense of the federal government is on the grounds of: A. undue hardship. B. inculpatory evidence. C. exclusionary rule. D. circumstantial evidence. E. bona fide occupational qualifications.

Q: Eva has opened a women's-only health spa. She requires 21 employees and has so far hired 20 employees. Sixteen of the hires are women. Four are men who do overnight custodial and maintenance work when the spa is closed. Eva puts an ad in the paper for a locker room attendant and Jack applies for the job. When Eva tells Jack that she will only hire a woman, Jack sues for discrimination based on sex. Which of the following is true? A. Jack wins under Title VII if he can show that he is capable of doing locker room attendant functions. B. Jack wins because men are under represented at the spa and so affirmative action requires that Eva must hire men to set right the imbalance. C. Eva wins because it is her facility and she can hire and fire whoever she wants. D. Eva wins because it is likely that she can show that being female is a BFOQ for the position. E. Jack wins as this act promotes one gender at the cost of the other which is a case of gender discrimination under Title VII.