Bennett-Alexander, D. D., & Hartman, L. P. (2009). Employment Law for Business (6Th Ed.)

Course Textbook

Bennett-Alexander, D. D., & Hartman, L. P. (2009). Employment law for business (6th ed.).

New York, NY: McGraw-Hill.

ASSESSMENT I

Question 1

1.  Titanium Office Products has had a record breaking year in terms of sales and revenue. It decides to reward its top sales representatives. Fourteen of the top reps are men and 7 are women. Titanium gives each of the reps an overnight stay at a top luxury hotel. In addition, the company pays for each of the men to play a round of golf at the hotel and tells the men that they can each invite one client as a guest for golf and lunch. The women are each given a full day beauty treatment at the hotel's spa but no round of golf. The women complain that Titanium's rewards are discriminatory.

The rewards are gender neutral because men like to play golf and women like to get a spa beauty treatment.
The rewards are discriminatory because Titanium did ask the women if they wanted to invite one client for a spa treatment.
The rewards are discriminatory because they are based on gender stereotypes and affect the women's employment.
The rewards are not discriminatory because Titanium's rewards to its sales staff are a gift beyond their regular compensation.

4 points

Question 2

1.  Stephanie is transgendered. Prior to becoming a woman, she was employed in the accounting department at Wright Brothers, LLC. She was fired after reporting to work dressed as a woman.

Stephanie has a cause of action under Title VII for gender discrimination against her former employer because she was fired for being transgendered.
Stephanie does not have a cause of action under Title VII for gender discrimination because discriminating against transgendered persons is not considered gender discrimination.
Stephanie does not have a cause of action under Title VII for gender discrimination because she did not file the action before she became a woman.
Stephanie has a cause of action under Title VII for gender discrimination because she is legally considered a woman.

4 points

Question 3

1.  The dress code for Bright View Home Decorating required employees to report for work dressed in "smart casual clothes." This meant that male employees could wear open collar sport shirts and women could wear slacks. However, when the district manager was scheduled to visit the Village of Upper Edge location, the Upper Edge store manager told the male employees to wear ties "because the district manager likes a professional look" and told female employees to wear skirts or dresses "because the district manager likes to see some leg." Under Title VII, female employees at the Upper Edge store:

cannot complain because an employer has the right to set the workplace dress code.
cannot complain because both make and female employees have to dress to please the district manager.
can complain because it is harder to select an appropriate skirt or dress than an appropriate tie.
can complain because the difference in attire is based on gender and has no business necessity.

4 points

Question 4

1.  Cassidy applies for a job as a combination bartender and server at Victor's Casino and Resort Spa. The interview process includes a tour of one of the bar areas at the casino. Cassidy notices that the male bar tenders and servers are all wearing tuxedos. The female bar tenders and servers, who are also known as "Victor's Vixens," are all wearing thigh length, low cut, tight, black velour dresses and high heeled shoes. Towards the end of the interview, the manager asks Cassidy if she is willing to wear the required velour dress. Cassidy says that would not be a problem. Male and female bartenders and servers are given identical duties and wages. A week after starting the job, Cassidy decides that she doesn't want to wear the velour dress anymore. She complains to her manager about the dress but the manager says it is part of the job and Cassidy agreed to wear it.

Cassidy cannot complain under Title VII because she witnessed the dresses before starting work and agreed to wear one.
Cassidy has a valid Title VII claim because females are being treated differently than men regarding attire with no explainable job related justification.
Cassidy cannot complain under Title VII because being one of "Victors's Vixens" is a BFOQ for female bartenders and servers for this brand of casino.
Cassidy cannot complain under Title VII because casino customers prefer to have women dressed provocatively but don't care about the men.

4 points

Question 5

1.  The male coaches of the men's baseball and ice hockey teams at Downstate Technological University ("D-Tech') receive bonuses for winning seasons. D-Tech does not have women's softball or ice hockey teams. D-tech has a women's gymnastic team and a women's volleyball team but no similar teams for men. The female coaches of the women's gymnastic team and the women's volleyball team do not receive bonuses for winning seasons. The coaches of the gymnastic team and the volleyball team allege pay discrimination based on sex/gender.

The coaches of the women's gymnastic team and the women's volleyball team can prevail in a case under the Title VII of the Civil Rights Act only if their jobs are substantially equal to the male coaches for baseball and ice hockey.
The coaches of the women's gymnastic team and the women's volleyball team can prevail in a case under the Title VII even if their jobs are not substantially equal to the male coaches for baseball and ice hockey.
The coaches of the women's gymnastic team and the women's volleyball team cannot prevail in a case under the Equal Pay Act because each coaching position is unique based on the differences between sports.
The coaches of the women's gymnastic team and the women's volleyball team cannot prevail in a case under the Equal Pay Act because it is not traditional in the sporting world to pay bonuses for winning seasons in gymnastics and volleyball.

4 points

Question 6

1.  Corinna is a sales representative for The Word Was Good, a distributor of religious books. Corinna lives with her boyfriend. She is pregnant. Her sales manager tells her that she cannot keep her job because having an unwed pregnant sales representative, and, later on, an unwed mother, is bad for The Word's image. Corrina feels that her employer's action is discriminatory.

Corrina cannot bring a case under Title VII because it is a business necessity for sales representatives of The Word Was Good to present a wholesome image.
Corrina can bring a case of gender plus discrimination under Title VII.
Corrina can bring a case of disparate impact gender discrimination under Title VII because the concept of wholesomeness has an adverse impact on women.
Corrina cannot bring a case under Title VII because it is a BFOQ for sales representatives of The Word Was Good to present a wholesome image.

4 points

Question 7

1.  Harry and Sally work for Chemco Chemical Supply Company. Harry and Sally attended a concert out of town and failed to show up to work the following day. When they returned to work, Harry was given a verbal warning and Sally was terminated.

Sally has a claim for gender discrimination.
Sally does not have a claim for gender discrimination if the company policy provides for termination for unexcused absences from work.
Sally does not have a claim for gender discrimination if Harry has more seniority.
Sally does not have a claim for gender discrimination if she has more seniority.

4 points

Question 8

1.  Jill and Seth, recent graduates, were hired as computer analysts for HRJ Enterprises. In a conversation over lunch, Jill discovered that Seth's salary was 15% higher than hers. Assuming that she was being paid less because she was female, Jill contacted the human resources department demanding that her salary be increased by 15%. She was told that Seth had violated company policy by discussing his salary. Seth told Jill later that the company lowered his salary by 15%.

Jill does not have a claim for discrimination under the Equal Pay Act because the company remedied the wage discrepancy by lowering Seth's salary.
Jill does have a claim for discrimination under the Equal Pay Act because the company remedied the wage discrepancy by lowing Seth's salary.
Jill would only have a claim under the Equal Pay Act because Title VII does not address gender discrimination relating to compensation.
Jill does not have a claim for discrimination because employers are free to set initial salaries without incurring liability under the Equal Pay Act or Title VII.

4 points

Question 9

1.  The Foggy Bottom Sheriff's Department requires all applicants for deputy sheriff to pass a pre-employment agility test. It requires an applicant to do 30 sit-ups in one minute, 25 pushups with no time limit, run 300 meters in 1 minute 11 seconds and drag a 165 pound dummy for a distance of 40 feet in 1 minute. Lisa McGregor fails the test. There are no female deputy sheriffs in the department.

Lisa has a valid claim for gender discrimination because the requirements of the agility test are too strenuous for most women.
Lisa has a valid claim for gender discrimination because the requirements of the agility test are just a subterfuge to avoid a claim of discrimination for screening applicants by height and weight.
Lisa does not have a valid claim for gender discrimination if the department can show that the agility test, as composed, is job-related and necessary.
Lisa does not have a valid claim for gender discrimination because the requirements of the agility test are not too strenuous for some women.

4 points

Question 10

1.  Laura Manning applied for a job as a firefighter. She was 5-feet-2-inches tall and weighed 110 lbs. Laura was denied the position because she did not meet the height and weight requirements of 5-feet-4-inches tall and 130 lbs. The fire department's height and weight requirements:

are not discriminatory if it can be shown that there is a relationship between the height and weight of the firefighter and her ability to perform the job.
are not discriminatory because historically, firefighters have always been tall.
are not discriminatory because Title VII only applies to gender discrimination, not long-standing societal traditions.
are discriminatory.
ASSESSMENT II
Question 1
1.  The defense to negligence, which involves proof that the plaintiff is responsible for the injuries of which she complains is:
Answer
assumption of the risk.
the fellow servant rule.
the greater danger defense.
contributory negligence.
4 points
Question 2
1.  An employer's duty to accommodate the religious practices of an employee is limited by:
Answer
the concepts of reasonableness and undue hardship.
the degree to which the religion involved is widely recognized.
the First and Fourteenth Amendments to the U.S. Constitution.
expectations and demands by the employee.
4 points
Question 3
1.  Once an employer is aware of a conflict between company policy and an employee's religious practices, the employer must:
Answer
modify company policy so as not to discriminate against the employee's religious practices.
always exempt the employee from compliance with policy.
attempt to reasonably accommodate the employee's religious practice as long as the cost of doing so is de minimis.
inform the employee that he/she will be disciplined for violation of company policy just like any other employee.
4 points
Question 4
1.  In cases where a court is called upon to determine whether an employer has committed religion-based discrimination, the court must frequently first decide:
Answer
the legitimacy of the religion involved.
whether the employer is of a different religion than the employee.
how long the religion involved has been established.
whether even deciding the question excessively entangles the government in the practice of religion.
4 points
Question 5
1.  Charity Hospital has 15 Muslim employees in the maintenance department. The hospital had a designated room for their Muslim employees to comply with their religious practice of praying 5 times daily located in the basement. Muhammad, a new employee, refused to use the room in the basement because he felt it degraded his religion to be relegated to the basement. Muhammad used the 3rd floor visitor waiting room 3 times per day to pray. His supervisor asked him not to pray in the visitor waiting room. Muhammad continued to use the waiting room and he was fired.
Answer
Muhammad has a claim for religious discrimination because Charity Hospital unreasonably failed to accommodate his religious practice by allowing him to pray where he felt comfortable.
Muhammad does not have a claim for religious discrimination because the room in the basement was not a reasonable accommodation.
Muhammad does not have a claim for religious discrimination because he had a duty to cooperate in the accommodation.
Muhammad does not have a claim for religious discrimination because the other employees participated in the accommodation.
4 points
Question 6
1.  An employer is deemed to have had constructive knowledge of a recognized hazard when:
Answer
past safety practices imply that the employer was aware of the hazard, and the hazard was so obvious that anyone would have been aware of it.
it has been the subject of a prior OSHA citation.
at least one prior injury has arisen out of the hazard.
the industry recognizes the hazard even if the employer doesn't actually know of the hazard.
4 points
Question 7
1.  In Varity Corp. v. Howe the court held that: