Apply Brief Hypotheticals 21 PDF

Preview

Summary

Download Apply Brief Hypotheticals 21 PDF

Description

Min applies for a job as a receptionist at an accounting firm. If she is denied a job because she is of Asian origin, she may be a victim of: a. disparate-treatment discrimination.

b. direct-treatment discrimination.

c. primary-treatment discrimination.

d. disparate-impact discrimination.

Hide Feedback Correct Solution Correct Response a

Julio lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Julio applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer: a. might be engaged in disparate-harm discrimination.

b. might be engaged in disparate-impact discrimination.

c. has almost certainly done nothing wrong.

d. might have violated the Americans with Disabilities Act.

Hide Feedback Correct Solution

Correct Response b

Carl tells Jenny that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, this is known as: a. settled harassment.

b. quid pro quo harassment.

c. invidious harassment.

d. hostile-environment harassment.

Hide Feedback Correct Solution Correct Response b

Tammy, age sixty-three, works for Westcon, Inc. Tammy has been showing up for work late, and has a habit of placing confidential work files on her personal computer in violation of company policy. Jack, Tammy’s manager, fires Tammy for these reasons. Jack also considers an incidental benefit of Tammy’s discharge the fact that they can get someone younger in Tammy’s position. If Tammy files an Age Discrimination in Employment Act (ADEA), she will: a. be unsuccessful in court because Tammy’s age was not the “but for” reason for her discharge.

b. be successful in court as age Tammy’s employer had a “mixed motive” for discharging an employee.

c. be successful in court as age was an incidental factor in Tammy’s discharge.

d. be successful in court because she has a claim of disparate-impact discrimination.

Hide Feedback Correct Solution Correct Response a

Kurt is fifty-two years old and has worked for a company covered by the Age Discrimination in Employment Act (ADEA) of 1967. He wants to bring a claim of age discrimination against his employer because he was replaced by a younger, lower-paid worker. To make out a prima facie case of age discrimination, Kurt does not have to establish that he: a. was qualified for the job he lost.

b. is a member of the protected age group.

c. was discharged in a way that creates an inference of discrimination.

d. was replaced by someone who was below the age of forty.

Hide Feedback Correct Solution Correct Response d

Mary is a data-entry employee at Computer Services, Inc., a small computer company. Mary’s sole job is to input information into a computer from paper invoices and spreadsheets. Mary develops chronic carpel tunnel syndrome, rendering her unable to type. As a reasonable accommodation, she requests that her employer hire a new employee to do the data entry on her behalf. Mary’s request: a. is a reasonable accommodation under the ADA, because an employer must accept the

accommodation preferences of the employee.

b. is a reasonable accommodation under the Americans with Disabilities Act (ADA), which her employer is legally bound to accommodate.

c. is not a reasonable accommodation because Mary’s request would place an undue hardship on the company.

d. is not a reasonable accommodation because Mary does not qualify as disabled under the ADA.

Hide Feedback Correct Solution Correct Response c

Wally is blind and would like to work for the Dairy Times writing articles on the dairy industry. Wally uses voice-recognition software that allows him to dictate articles to his computer. His computer is specially designed for visually impaired individuals. The Dairy Times interviews Wally but offers the job to a sighted person instead. Dairy Times may have violated: a. the ADA.

b. the NLRA.

c. the ADEA.

d. 42 U.S.C. Section 1981.

Hide Feedback Correct Solution Correct Response

a

Sarah is employed at Tulip Factory, Inc., as an accountant. Sarah takes military leave and two months later returns from military service. Tulip Factory managers offer Sarah a new job as a junior bookkeeper. This decision: a. violates the USERRA because returning service members are to be reemployed in the jobs that they would have attained had they not been absent for military service.

b. does not violate the USERRA because returning service members have no special claim to employment at their employer from which they took military leave.

c. does not violate the USERRA because returning service members are to be reemployed in any job that is available.

d. violates the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) because returning service members are to be reemployed in the job of their choice.

Hide Feedback Correct Solution Correct Response a

Executives at MegaCorp refuse to promote Nora, and then fire her, because of a preference to have only men in top leadership positions. Nora files a lawsuit against MegaCorp claiming sex discrimination. During the lawsuit, MegaCorp learns that Nora had been stealing company assets for five years. A possible outcome of this information may: a. shield an employer entirely from discrimination.

b. limit the amount of damages for which the employer is liable.

c. not have any effect as such evidence is irrelevant in Title VII cases.

d. ban Nora from filing a legal claim.

Hide Feedback Correct Solution Correct Response b

Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed, who is a Muslim, applies for the job. The church declines to hire him and continues to look for other applicants. If Mohammed files a claim of illegal discrimination against the church, the church: a. can assert that its hiring practices are not intentionally discriminatory.

b. can contend that the Equal Employment Opportunity Commission’s (EEOC's) "eighty percent rule" is irrelevant when there is only one available job.

c. may assert a bona fide occupational qualification (BFOQ) defense.

d. can claim that Mohammed did not make out a prima facie case of illegal discrimination.

Hide Feedback Correct Solution Correct Response c

The University Smyth has an admissions policy that requires a certain number of points to be automatically awarded to minority applicants. This type of policy is likely a violation of the:

a. access to education clause.

b. advancement clause.

c. establishment clause.

d. equal protection clause.

Hide Feedback Correct Solution Correct Response d...