CVJI 64.doc

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1. Which of the following exceptions to employment at will is the most common basis for a wrongful discharge suit? Assume that the state in question recognizes each exception to employment at will.
The public policy exception
The implied covenant of good faith and fair dealing
The exception for express employer statements regarding discharged policy
Employment at will cannot be disclaimed
2. The Civil Rights Act of 1964, Title VII, covers which kinds of employers?
Employers with 3 employees or more
Employers with 15 employees or more
Employers with 30 employees or more
All employers
3. Jack is a new attorney for Day and Knight, a law firm in New York City. He is told by Jill, Managing Partner, that retention and promotion depend on whether he is seen as a “team player” who is “loyal” and “subordinate.” Jill has asked out Jack every day for the past week. Jack firmly refuses her invitation each time. After four months, Jill terminates Jack after she criticizes him for being disloyal and insubordinate. Jack asks Jill why, and she replies, “you know why.” Which of the following statements regarding Jack’s termination is most accurate?
Jack cannot sue the law firm because he failed to complain about Jill’s conduct.
Jack cannot sue under Title VII because its protections regarding gender do not include men.
The law firm is probably liable for Jack’s termination.
If Jill is now required to attend a seminar on workplace harassment, then the firm is not liable under Title VII.
4 Social security mainly is financed by the __________ which imposes a flat percentage tax on all employee income below a certain base figure and requires employers to pay a matching amount.
FICA
ERISA
FLSA
OSHA
5. For which of the following antidiscrimination laws is a private plaintiff not required to file with the EEOC or a state agency before being permitted to sue?
The Equal Pay Act.
The Age Discrimination in Employment Act.
Title VII.
The Americans with Disabilities Act.
6. For which of the following antidiscrimination laws is a private plaintiff not required to file with the EEOC or a state agency before being permitted to sue?
The Equal Pay Act.
The Age Discrimination in Employment Act.
Title VII.
The Americans with Disabilities Act.
7. Which of the following is a comparable worth claim?
A claim that the employer discriminates against women, because its work force is 8% female, while the local job market is 32% female.
A claim that the employer discriminates against women, because it has adopted a requirement that all employees must weigh at least 150 pounds.
A claim that the employer discriminates against women, because it pays its largely female secretaries less than it pays its largely male janitors, where job evaluation studies assert that these two jobs are of roughly equal value to the employer.
A claim that the employer discriminates against women, because the average wage it pays its male salesclerks is higher than the average wage it pays its female salesclerks.
8. All things considered, for which of the following is an employer least likely to be held liable for “invasion of privacy?”
Penalizing employees who refuse to take a lie detector test (because they must have something to hide).
Searching employees’ desks for pornographic printed materials (to stop on-the-job sexual harassment).
Secretly (without notice or consent) monitoring employees’ use of their office computers (to see if they’re engaged in non-business-related activity at work).
Releasing embarrassing private details in an ex-employee’s job records (to stop him from criticizing the firm in public).
9. Agnes, a waitress at a restaurant, suffers severe anxiety attacks when things get really busy at her job. As a result, she is a very ineffective waitress when the restaurant is crowded. For that reason, she is fired. Maybe her employer could have assigned Agnes to shifts when the restaurant is not busy, but this would have irritated the other waitresses, caused significant scheduling difficulties, and cost some money. If Agnes sues the restaurant under the ADA, its best argument is that:
Agnes’s anxiety attacks are not a disability under the ADA.
The ADA only forbids discrimination against people with disabilities; it doesn’t require employers to accommodate those disabilities.
Accommodating Agnes would cause the restaurant undue hardship.
The ADA has a BFOQ defense and the ability to handle stress is a BFOQ for the job of being a waitress.