1)  Sally’s supervisor announces one day that he cannot stand all of the “menopausal” women in the room. Two days later, Sally (age 47) and two other employees over age 40 were fired.

1)  Sally’s supervisor announces one day that he cannot stand all of the “menopausal” women in the room. Two days later, Sally (age 47) and two other employees over age 40 were fired.

2)  Rhoda, age 41, was demoted from lead operator to a subordinate position. A male operator, age 32, with less experience was promoted to the position of lead operator.

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3)  Reggie, age 46, was terminated because his job was going to be eliminated. He later learns that another employee, age 34, was offered the job at approximately the same rate of pay.

4)  Fun Times, a toy company, fires Alan, an employee who just reached age 30, because they feel he is too old to connect with the toy market.

Question 34 (5 points)

Laura applies for the job of a firefighter. She is 5 feet 2 inches tall and weighs 110 pounds. Laura is denied the position because she does not meet the height and weight requirements. The fire department’s height and weight requirements are:

Question 34 options:

1)  not discriminatory because firefighters have mostly been tall.

2)  discriminatory if it can be shown that height and weight requirements are a business necessity. (Incorrect)

3)  not discriminatory because Title VII of the Civil Rights Act of 1964 does not cover jobs such as guards, police officers, and firefighters.

4)  discriminatory if it can be shown that the requirements are not directly correlated to ability to do the job.

Question 35 (5 points)

Mr. Tompkins of Lawlor& Tompkins Law Firm was conducting an interview for a junior associate attorney. He asked Macy, an applicant, if she was married and when she intended, if ever, to have children. His second interview was with Scott. He did not ask Scott either of these questions. Which of the following is true in this situation?

Question 35 options:

1)  Macy has a claim for gender discrimination as it is illegal to ask questions in a job interview that are only asked of one gender.

2)  Macy does not have a claim for gender discrimination because she was not yet employed by the law firm.

3)  Macy has a claim for gender discrimination only if she in unmarried.

4)  Macy does not have a claim for gender discrimination because of the bona fide occupational qualification defense available to employers.

Question 36 (5 points)

Employers must promptly consider an employee’s request for accommodation. Factors the courts look to in determining whether the employer has been timely include all of the following except:

Question 36 options:

1)  what the employee did during the delay, i.e., how well did the employee function during the period of the delay

2)  whether the accommodation requested was simple, or more complex

3)  length of the delay

4)  whether the employee contributed to the delay

Question 37 (5 points)

The Older Workers Benefit Protection Act (OWBPA) requires that a signed waiver of an employee’s rights to file a claim under the ADEA be “knowing and voluntary”. To be considered “knowing and voluntary”, the waiver must satisfy each of the following requirements except:

Question 37 options:

1)  in exchange for signing the waiver, the employee must receive consideration in addition to that which he is already entitled to

2)  the waiver must specifically refer to ADEA rights or claims.

3)  the waiver must be signed in the presence of two independent witnesses and a notary public.

4)  the employee has sufficient time to review the waiver, and is directed to consult with an attorney before signing.

Question 38 (5 points)

Which type of workplace injury must be reported to OSHA within eight (8) hours of occurrence?

Question 38 options:

1)  An injury requiring immediate transport to a hospital

2)  An injury requiring an employee to change jobs

3)  A workplace fatality

4)  An injury requiring any sort of medical treatment

Question 39 (5 points)

Which of the following groups may be responsible for sexual harassment in a workplace (i.e., are the “harassers”)?

Question 39 options:

1)  Coworkers

2)  Clients or customers

3)  Supervisors or managers

4)  All of the above

Question 40 (5 points)

In the context of unwelcome sexual activity, if the activity started out being consensual and one employee calls a halt to it and the other continues:

Question 40 options:

1)  it cannot be termed sexual harassment as it was once consensual in nature.

2)  it is sexual harassment only if the harassee is a female employee.

3)  it can become sexual harassment at the time the activity is no longer consensual.

4)  it is sexual harassment as the law strives to totally devoid workplaces of sexuality.

Question 41 (5 points)

Charles, aged 63, was a manager at the Exotic Wood Corp. His supervisor, Dee, frequently made derogatory age-related comments about Charles to other workers. Dee encouraged Charles’ co-workers to be uncooperative toward him and not talk to him as she believed that older people gossip a lot and reduce productivity. Charles filed a complaint under the Age Discrimination in Employment Act against Dee. In this case, Charles can make a prima facie case for ________.

Question 41 options:

1)  hostile environment

2)  Disparate impact discrimination (Incorrect)

3)  quid pro quo

4)  reverse discrimination

Question 42 (5 points)

Which of the following groups of employees are NOT covered by the FLSA?

Question 42 options:

1)  Federal, state and local government employees

2)  Employees of a small business (generating $250,000 per year) producing goods for interstate commerce

3)  Full-time and part-time employees of a business involved in interstate commerce

4)  Employees of a hospital making less than $500,000

Question 43 (5 points)

The three possibilities for a disability determination under the ADA include all of the following except:

Question 43 options:

1)  a record of a physical or mental impairment that substantially limited a major life activity

2)  when an employer takes an action prohibited by the ADA because of an actual or perceived impairment that is not both transitory and minor

3)  a physical or mental impairment that substantially limits one or more of the major life activities of an individual

4)  a physical or mental impairment that is not known to an individual’s physician and rarely impacts that individual’s work or family life

Question 44 (5 points)

Shayna, a Jewish woman, applied for a baker’s job with the Golden Crust Bakery. After she was hired, Shayna told her manager at Golden Crust that she could not work on Friday night because the Sabbath begins on Friday night. The manager replied that she was the only Jewish baker, and all of the other bakers work on Friday night. He also added that she would be fired if she refused to comply with company policies. Which of the following is most likely to be true in this case?

Question 44 options:

1)  Shayna does not have a claim for religious discrimination because she did not inform Golden Crust that she was Jewish when she applied for the job.

2)  Shayna has a claim for religious discrimination because Golden Crust has no other Jewish employees.

3)  Shayna has a claim for religious discrimination because Golden Crust failed to make an attempt to reasonably accommodate her religious practice.

4)  Shayna does not have a claim for religious discrimination because she did not provide a suggestion as to how her religious practice could be accommodated.

Question 45 (5 points)

The requirements for hostile work environment sexual harassment include all of the following except:

Question 45 options:

1)  the employee does not like the project they were just assigned.

2)  the harassment is based on gender.

3)  the harassment is not welcomed by the employee.

4)  the employer has knowledge of the harassment but took no action.

Question 46 (5 points)

How will the Employment Nondiscrimination Act (ENDA) affect Title VII of the Civil Rights Act of 1964 if enacted?

Question 46 options:

1)  It will provide employers with greater flexibility in making workplace policies and decisions related to LGBT employees.

2)  It will omit same-gender sexual harassment from Title VII’s protection.

3)  It will make gender reassignment surgery illegal under Title VII.

4)  It will extend Title VII’s coverage to include discrimination on the basis of sexual orientation and gender identity.

Question 47 (5 points)

Roger is a customer service representative at FlyAway Airlines. He confided in one of his co-workers that he tested positive for HIV, but the co-worker spread the news around the office. Soon, several of Roger’s co-workers ostracized him and refused to work with him. He was also constantly subjected to verbal abuse by his co-workers. Roger reported these incidents to his supervisor, and his supervisor fired him. Which of the following holds true in this case?

Question 47 options:

1)  Roger has a claim for hostile work environment harassment under the Americans with Disabilities Act because he did not request any accommodations from his employer.

2)  Roger does not have a claim for hostile work environment harassment under the Americans with Disabilities Act because the act does not cover employees working for private employers.

3)  Roger has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyAway took an adverse employment action by firing him.

4)  Roger does not have a discrimination claim based on hostile work environment under the Americans with Disabilities Act because his disability is not outwardly evident.

Question 48 (5 points)

A management security clause gives an employer the right to:

Question 48 options:

1)  require the union to represent all employees fairly and without discrimination based on union membership.

2)  run the business and make appropriate business decisions as long as management complies with applicable laws and agreements.

3)  require employees to sign an agreement stating that they do not belong to an union and will not join one.

4)  refuse to sign a written agreement to which the contracting parties orally agreed.

Question 49 (5 points)

Title VII (of the Civil Rights Act of 1964) requires employers to accommodate an employee’s religious practices and beliefs:

Question 49 options:

1)  to the extent that the religion is recognized by society.

2)  provided the employee gives an assurance in writing that his or her practices will not affect the policies of the company.

3)  provided the employee can produce a member of the clergy who will vouch for the religious practices and beliefs.

4)  to the extent that it does not cause undue hardship.

Question 50 (5 points)

There is no federal legislation protecting LGBT employees from employment discrimination. However:

Question 50 options:

1)  Employers need to be aware that Title VII of the Civil Rights Act prohibits same-gender sexual harassment based on sexual orientation. (Incorrect)

2)  they cannot be prevented by employers from wearing clothing, jewelry, or makeup of their choice.

3)  employers need to be aware that state and local ordinances may prohibit job discrimination against homosexuals.

4)  they can use the bona fide occupational qualification defense to make a discrimination claim.

Question 51 (5 points)

The piece of legislation that established the right of employees to form unions, to bargain collectively, and to strike is the:

Question 51 options:

1)  Norris-LaGuardia Act

2)  National Labor Relations Act

3)  Landrum-Griffin Act

4)  Taft-Hartley Act

Question 52 (5 points)

Steven, an environmental enthusiast, volunteers to work as an intern at Green Trees, a non-profit organization dedicated to environmental protection. Green Trees hires Steven without any pay. Which of the following is most likely to be true in this case?

Question 52 options:

1)  Green Trees is required to guarantee Steven a job at the conclusion of his internship if he is not being paid during the internship period.

2)  Green Trees may not be required to pay Steven any overtime compensation, but it is required to pay him a minimum wage for his services.

3)  Green Trees violated the Fair Labor Standards Act because it is legally required to pay all hired employees.

4)  Green Trees did not violate the Fair Labor Standards Act because unpaid internships at non-profit charitable organizations are generally permissible.