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Exam 24: Employment and Discrimination Law

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Question 51

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Workers' compensation laws ensure that covered workers who are injured on the job can receive financial compensation by suing their employer.

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Question 52

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Two distinct forms of sexual harassment are recognized: per se sexual harassment and res ipsa loquitur sexual harassment.

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Question 53

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Which of the following was recognized by the United States Supreme Court in Oncale v.Sundowner Offshore Services,Inc.,the case in the textbook addressing whether a plaintiff could prevail in a sexual harassment when the harassers were of the same sex?

________ enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical,dental or optical benefits have the right to pay to continue receiving benefits for themselves and their dependents under the employer's policy.

Surprise Arrival.Gracie was surprised and pleased to find she was pregnant.She worked as a waitress at Good Food and was aware that Groucho,her employer,had allowed employees who were ill for reasons that were not work related to take paid time off.For example,her friend Craig was off with pay for two months after suffering a mild heart attack,and her friend Bonnie was off work for three months when she ran her personal watercraft into a dock and broke her leg.Gracie told her employer Groucho about her pregnancy.He very angrily told her that pregnancy was completely voluntary,that he was not paying her a dime when she was off work,and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight.He also said that he serves families,and he does not want the kids to ask embarrassing questions of their parents regarding Gracie's condition.Gracie was very angry and threatened to sue.Groucho told her,however,that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII.The employee handbook did not address the issue.Which of the following is true regarding Gracie's entitlement to be paid for time she is medically required to be off for pregnancy?

Which of the following is the first step in a three-step process of proving disparate-treatment discrimination in employment under Title VII of the Civil Rights Act of 1964?

________ protects employees against discrimination and harassment based upon race,color,religion,national origin,and sex.

Styling Shenanigans.Candy,who operated a hair and nail salon called "Up Sweep," had a crush on Bruce,a stylist there.He paid her no attention.Finally,Candy told him that to get her approval of his new blow dryer request,he needs to take her on a date and give her a kiss.Bruce reluctantly did so.When they returned to work,Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders.When she passed Bruce's station,she would caress him while he worked.Candy also decided that Robert was cute,and she showered him with the same type of attention.Robert enjoyed the attention,but Bruce was offended and filed a claim against Candy for sexual harassment.Bruce asked Robert to join in on the claim.Robert said that it personally never bothered him; but that if Bruce can collect,then he wants in on the action.Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise.Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's.Robert says that while he found Candy entertaining,in all fairness,he should be able to recover if Bruce does so.Which of the following is true regarding Robert's claim of sexual harassment?

In the United States,the concept of at-will employment is a relatively modern concept first recognized in the 1950s.

Which of the following consists of negotiations between an employer and a group of employees so as to determine the conditions of employment?

Set forth the definition of sexual harassment as stated by the Equal Employment Opportunity Commission (EEOC)and accepted by the United States Supreme Court.

Only sexual harassment,a form of gender discrimination,can constitute a hostile work environment.

Under at-will employment,an employee may quit at any time.

Which of the following is true regarding the rights of employees who smoke?

Filing a claim under Title VII of the Civil Rights Act of 1964 is procedurally similar to filing a civil lawsuit.

Which of the following was the result on appeal in Polkey v.Transtrecs Corp.,the case in the textbook in which the employee sued after being fired for refusing to take a polygraph test?

Styling Shenanigans.Candy,who operated a hair and nail salon called "Up Sweep," had a crush on Bruce,a stylist there.He paid her no attention.Finally,Candy told him that to get her approval of his new blow dryer request,he needs to take her on a date and give her a kiss.Bruce reluctantly did so.When they returned to work,Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders.When she passed Bruce's station,she would caress him while he worked.Candy also decided that Robert was cute,and she showered him with the same type of attention.Robert enjoyed the attention,but Bruce was offended and filed a claim against Candy for sexual harassment.Bruce asked Robert to join in on the claim.Robert said that it personally never bothered him; but that if Bruce can collect,then he wants in on the action.Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise.Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's.Robert says that while he found Candy entertaining,in all fairness,he should be able to recover if Bruce does so.What type of harassment was involved in Candy's indication to Bruce that if he wanted a new blow dryer,then he needed to take her out on a date?

________ cases are also known as unintentional discrimination cases.

Through which of the following theories can an employee-plaintiff prove discrimination under Title VII of the Civil Rights Act of 1964?

Multiplication.Phyllis,who is 30 years old,works for We Add for You Accounting.Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets,Sunny,Fussy,and Perky.She asks her boss,Bolivar,about the pension plan at We Add for You.Her boss tells her that she is not entitled to that information until she is at least 60 years old.Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so.Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences.He asks her to keep those up.Phyllis tells him that her personal phone calls are none of his business.Bolivar says that he can listen if he wants because the phones are his.Phyllis ends up starting her own company called We Multiply for You,and makes much,much more money.(In answering the following questions,assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Assuming Phyllis quits,which of the following rights does she have under federal law to retain benefits so long as the benefits are provided to employees who are still working?