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Exam 24: Employment and Discrimination Law

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Question 41

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

A) That the employee had no cause of action under the Employee Polygraph Protection Act because of the employment-at-will doctrine and that the Employee Polygraph Protection Act only applied to federal government employees and members of Congress.
B) That the employee could not prevail under the Employee Polygraph Protection Act because her employer contracted with the government, and national security was involved.
C) That the employee could not prevail under the Employee Polygraph Protection Act because the employer instituted polygraph testing as part of an ongoing investigation.
D) Both that the employee could not prevail under the Employee Polygraph Protection Act because her employer instituted polygraph testing as part of an ongoing investigation and also because of national security issues involved with the employer's contract with the government.
E) That the employee could prevail under the Employee Polygraph Protection Act.

F) All of the above
G) D) and E)

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Question 42

Multiple Choice

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Which of the following is provided to a plaintiff if the EEOC decides not to sue on behalf of the plaintiff?

A) A termination of claim letter
B) A reinstatement letter
C) A referral letter
D) A right-to-sue letter
E) None of these because if the EEOC decides not to sue, then the case has no merit; and a plaintiff may not bring a civil suit.

F) B) and E)
G) D) and E)

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Question 43

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Which of the following types of entities may be covered by Title VII?

Which of the following is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in those plans?

Which of the following is true regarding whether employers may discriminate against smokers?

Overall, the percentage of unionized workers in the U.S. has declined since the post-World War II period.

Which of the following are employers required to provide to employees under ERISA containing information as to how their benefit plan operates, the benefits under the plan, how to apply for such benefits, and other information?

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class?

Which of the following is also known as the Labor-Management Relations Act?

Which of the following primarily governs the internal operations of labor unions?

Reference - 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 of 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. What will be the likely result if Groucho defends on the basis that customers will object to Gracie's condition?

Which of the following are sometimes called unintentional-discrimination cases?

The Taft-Hartley Act was passed to further strengthen restrictions on employers regarding unionization.

Which of the following is false under the Federal Unemployment Tax Act?

Discuss whether you ethically believe employment-at-will should be retained in the U.S. and whether you believe laws currently in place excessively restrict employers insofar as their ability to fire employees is concerned. In your answer specifically reference at least three federal laws impacting the employment-at-will doctrine and whether you believe the laws are needed and appropriate.

Reference - 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 has no entitlement to 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?

Reference - 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. 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. Of which of the following types of harassment were Candy's caresses and suggestive statements?

Which of the following is the term for the concept that an employee may be fired for no reason at all?

Under Title VII of the Civil Rights Act, which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?