Question 1

An appellee is the party who appealed the case to the court of appeals.

Accepted Answer

A) True 
 B)False

Question 2

Marc Brown is a chemical engineer with a graduate degree from MIT. Mr. Brown is African American. He applied for a chemical engineering position with Kincaid Paper Company. Although he was qualified for the job, he was not offered the position. Mr. Brown happened to see the job advertised in the newspaper 2 weeks after he had been rejected.

Accepted Answer

A)   Mr. Brown does not have a cause of action for discrimination.
B)   Mr. Brown can offer evidence to satisfy the elements of a prima facie case.
C)   Mr. Brown cannot offer evidence to satisfy the elements of a prima facie case.
D)   Mr. Brown is not eligible to file a claim under Title VII.

Question 3

Explain the public policy exception to the doctrine of employment at-will, including stating what the ex-employee must demonstrate to prevail and give at least three examples of the public policy exception that have been recognized by some of the states.

Accepted Answer

The public policy exception protects an ...

Question 4

Carla Thomas, a nonsmoker, often encouraged her co-workers to quit smoking. Her new manager, Paul, a smoker, was annoyed by what he considered her constant nagging. He moved her desk from a separate room with a window to a cubicle surrounded by smokers, who smoked all day. Paul refused Carla's request to create a no smoking area in the office and he refused her request to be moved back to the separate room. After 4 weeks of breathing second hand smoke, Carla quit.

Accepted Answer

A)   Carla has no recourse against her employer because she is an employee-at-will.
B)   Carla can file a lawsuit based on discrimination because non-smokers are a protected class.
C)   Carla may have a cause of action for constructive discharge.
D)   None of the choices are correct.

Question 5

NorthernSky Airlines is a regional carrier that flies a variety of aircraft with maximum interior cabin heights ranging from 6'2¼" to 5'9." NorthernSky advertisements for flight attendants state that an applicant "must be between 5'0" and 5'8" without shoes due to the internal size of our aircraft." James, a 6' 0" man complains that the height restrictions have a disparate impact on men. The airline defends the case by asserting that height is a business necessity for the job.

Accepted Answer

A)   James will prevail on his complaint because he can fit inside some of the aircrafts.
B)   NorthernSky will prevail because it can demonstrate that the flexibility to schedule flight attendants on all its aircraft is a reasonable necessity for normal operation.
C)   James will prevail on his complaint because height restrictions have nothing to do with the primary responsibility of a flight attendant, which is the safety of the passengers.
D)   NorthernSky will prevail because it can demonstrate that a shorter flight attendant is innately better suited to perform the "non-mechanical" functions of the job, such as soothing nervous customers.

Question 6

Punitive damages are permitted in Title VII cases, but not in disparate impact cases or against government employers.

Accepted Answer

A) True 
 B)False

Question 7

A retaliatory discharge claim under Title VII requires

Accepted Answer

A)   that the employee has either participated in the statutory complaint process or opposed some form of discrimination.
B)   an adverse action taken with regard to the employee's employment status.
C)   a causal connection between the adverse employment action and the employee's participation in the statutory process.
D)   All of the choices are correct.

Question 8

Cortney was employed at Brunson County Elementary School as a cook. Her supervisor routinely took extra food and other supplies home. Cortney was fired after she reported the theft to the police and local newspaper.

Accepted Answer

A)   Cortney does not have a cause of action for wrongful discharge.
B)   Cortney may have a cause of action pursuant to the "whistle-blowers" exception to the employment-at-will doctrine.
C)   Cortney is an employee-at-will and can be terminated at any time for any reason.
D)   None of the choices are correct.

Question 9

The American legal system is based on stare decisis, a system of using legal precedent.

Accepted Answer

A) True 
 B)False

Question 10

Mathias is an employee for Burton Commercial Realty. He receives a modest salary, however, his salary is supplemented by substantial commissions. He has been working on a commercial real estate deal for 5 months, two weeks before the deal closes, he is fired and Burton does not pay him his commission:

Accepted Answer

A)   Mathias has a cause of action for breach of implied covenant of good faith.
B)   Mathias has a cause of action for retaliatory discharge.
C)   Mathias has a claim under the Civil Service Reform Act.
D)   None of the above. A

Question 11

The employment-at-will doctrine means that

Accepted Answer

A)   An actor must agree to follow the instructions by the play's director in order to be cast in a play by William Shakespeare.
B)   Highly paid skilled workers in the building trades can pass their jobs on to a relative when they die.
C)   An employer can terminate an employee for any reason as long as the reason is not a violation of public policy or against the law.
D)   Government employees lose their constitutional rights when on the job. C

Question 12

Mr. Jones was employed by Barker Sock Company as a sewing machine repairman in Plant #5. He, along with the other 700 employees, was informed that the plant had been permanently closed by a written notice on the door when he arrived at work.

Accepted Answer

A)   Mr. Jones' only recourse is to file for unemployment benefits.
B)   Mr. Jones has no recourse because he was an employee-at-will.
C)   Mr. Jones may be eligible to receive his salary and benefits for the next 60 days.
D)   None of the choices are correct.

Question 13

Dean Capers, an African American, was employed as a bus driver with Mountain City Transportation Department. The city council voted to reduce the number of bus routes, and Dean's job was eliminated. Dean filed a claim with EEOC alleging racial discrimination because he was the only African American bus driver and he had more seniority than 4 of the drivers retained. Mountain City successfully responded

Accepted Answer

A)   by showing that Dean was selected for lay off because he had a bad attitude and there had been several complaints filed against him.
B)   by using the bona fide occupational qualification defense.
C)   by using the business necessity defense.
D)   none of the choices are correct. A

Question 14

Major Tire Company's plant in Charleston, South Carolina was destroyed when Hurricane Hazel hit the coast. The company officially closed the facility after reviewing the damage and terminated all 500 workers. The company did not give the employees 60 days' notice, and it is liable under the WARN Act.

Accepted Answer

A) True 
 B)False

Question 15

Octavia is an employee of DFC, Inc., a defense contractor. She discloses to the Department of Justice information relating to fraud in carrying out a defense contract on which she is working. DFC subsequently fires her. Octavia then files a lawsuit against DFC for violating the Federal Whistleblower Statute.

Accepted Answer

A)   Octavia's case will be dismissed.
B)   Octavia can win compensatory damages only.
C)   Octavia can win compensatory and punitive damages.
D)   Octavia can win reinstatement only.

Question 16

Colton Manufacturing shuts down 3 manufacturing facilities without prior notice to its 3000 employees. Colton has graciously offered to provide outsourcing assistance to its displaced employees and informed them of their right to continue to receive health insurance coverage through COBRA for eighteen months. Colton has no further liability to its former employees.

Accepted Answer

A) True 
 B)False

Question 17

An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate, nondiscriminatory reason for the action taken regarding the charging party.

Accepted Answer

A) True 
 B)False

Question 18

Promissory Estoppel is an exception to the employment-at-will doctrine if the employee can show that he/she relied on the employer's promise to his/her detriment.

Accepted Answer

A) True 
 B)False

Question 19

Questions asked during idle conversational chat during preemployment interviews or included on job applications may unwittingly be the basis for Title VII claims of disparate impact.

Accepted Answer

A) True 
 B)False

Question 20

Major Industries has a published workplace policy that reads: "Promotions to the level of supervisor and higher are limited to individuals with at least a bachelor's degree from an accredited college or university."

Accepted Answer

A)   Although this is a facially neutral policy, it could be found to be discriminatory if it can be shown by statistics that it has a disparate impact on a protected group, unless Major Industries can prove a business necessity for the policy.
B)   There is nothing facially neutral about this policy because there are lots of people who are in supervisory or higher positions who never earned a degree from a college or university.
C)   Although this is a facially neutral policy, it could be found to be discriminatory if it can be shown by statistics that it has a disparate impact on a protected group, unless Major Industries can prove a bottom line defense.
D)   Although this is a facially neutral policy, it could be found to be discriminatory if it can be shown by statistics that it has a disparate impact on a protected group, unless Major Industries can prove a subjective qualifications defense.

Exam 2: The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts

An appellee is the party who appealed the case to the court of appeals.

Correct Answer
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Correct Answer
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Explain the public policy exception to the doctrine of employment at-will, including stating what the ex-employee must demonstrate to prevail and give at least three examples of the public policy exception that have been recognized by some of the states.

Correct Answer
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The public policy exception protects an ...
View Answer

Correct Answer
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Correct Answer
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Punitive damages are permitted in Title VII cases, but not in disparate impact cases or against government employers.

Correct Answer
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A retaliatory discharge claim under Title VII requires

Correct Answer
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Cortney was employed at Brunson County Elementary School as a cook. Her supervisor routinely took extra food and other supplies home. Cortney was fired after she reported the theft to the police and local newspaper.

Correct Answer
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The American legal system is based on stare decisis, a system of using legal precedent.

Correct Answer
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Correct Answer
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A

The employment-at-will doctrine means that

Correct Answer
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C

Mr. Jones was employed by Barker Sock Company as a sewing machine repairman in Plant #5. He, along with the other 700 employees, was informed that the plant had been permanently closed by a written notice on the door when he arrived at work.

Correct Answer
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Correct Answer
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A

Correct Answer
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Correct Answer
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Correct Answer
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An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate, nondiscriminatory reason for the action taken regarding the charging party.

Correct Answer
verified

Promissory Estoppel is an exception to the employment-at-will doctrine if the employee can show that he/she relied on the employer's promise to his/her detriment.

Correct Answer
verified

Questions asked during idle conversational chat during preemployment interviews or included on job applications may unwittingly be the basis for Title VII claims of disparate impact.

Correct Answer
verified

Major Industries has a published workplace policy that reads: "Promotions to the level of supervisor and higher are limited to individuals with at least a bachelor's degree from an accredited college or university."

Correct Answer
verified

Exam 2: The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts

An appellee is the party who appealed the case to the court of appeals.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Explain the public policy exception to the doctrine of employment at-will, including stating what the ex-employee must demonstrate to prevail and give at least three examples of the public policy exception that have been recognized by some of the states.

Correct AnswerverifiedThe public policy exception protects an ...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Punitive damages are permitted in Title VII cases, but not in disparate impact cases or against government employers.

Correct AnswerverifiedShow Answer

A retaliatory discharge claim under Title VII requires

Correct AnswerverifiedShow Answer

Cortney was employed at Brunson County Elementary School as a cook. Her supervisor routinely took extra food and other supplies home. Cortney was fired after she reported the theft to the police and local newspaper.

Correct AnswerverifiedShow Answer

The American legal system is based on stare decisis, a system of using legal precedent.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedA

The employment-at-will doctrine means that

Correct AnswerverifiedC

Mr. Jones was employed by Barker Sock Company as a sewing machine repairman in Plant #5. He, along with the other 700 employees, was informed that the plant had been permanently closed by a written notice on the door when he arrived at work.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedA

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate, nondiscriminatory reason for the action taken regarding the charging party.

Correct AnswerverifiedShow Answer

Promissory Estoppel is an exception to the employment-at-will doctrine if the employee can show that he/she relied on the employer's promise to his/her detriment.

Correct AnswerverifiedShow Answer

Questions asked during idle conversational chat during preemployment interviews or included on job applications may unwittingly be the basis for Title VII claims of disparate impact.

Correct AnswerverifiedShow Answer

Major Industries has a published workplace policy that reads: "Promotions to the level of supervisor and higher are limited to individuals with at least a bachelor's degree from an accredited college or university."

Correct AnswerverifiedShow Answer

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The public policy exception protects an ...
View Answer

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