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Question 1: In 1989, Kelly was the victim of sex discrimination at work. After exhausting her administrative remedies, she sued for relief in federal...

Question 1: In 1989, Kelly was the victim of sex discrimination at work. After exhausting her administrative remedies, she sued for relief in federal court. If she won, she could have been awarded which of the following: a. back pay b. reinstatement c. compensatory damages d. punitive damages Question 2:Bylow and Sons, Inc. sells home improvement products, such as lumber, electrical equipment, and plumbing items. It sends staff to customers’ homes to help install the products. It does not want to be charged with negligent hiring practices, so it checks the arrest record of each applicant before offering an interview. If there has been an arrest, the application is rejected. True or False: The company has a risk of being sued under Title VII for disparate impact. Question 3: Which of the following is/are true about Affirmative Action? a. Although AA is authorized by Executive Order 11246, courts can also prescribe it as a remedy under Title VII. b. The Office of Federal Contract Compliance Programs (OFCCP) is a division within the EEOC which enforces AA provisions. c. The protected traits for AA are essentially the same as those for Title VII. d. Unlike Title VII, under the Executive Order, the amount of business the organization does with the federal government helps to determine which AA responsibilities apply. Question 4: Which is/are true about the Equal Pay Act? a. Employers may choose to raise the lower wage or lower the higher wage in order to comply with the law. b. The EPA has a longer statute of limitations than Title VII. c. Employers can use different titles for the same job in order to justify a gender-based difference in pay. d. "Comparable worth" is defined the same as "equal pay" under the law 3 Question 5: After the Ellison v. Brady case, the "reasonable" standard used to evaluate the severity and pervasiveness of behavior questioned in a sexual harassment complaint requires viewing the harassing activity from the perspective of which one: a. the average person in society at large b. a judge, hearing similar cases c. the victim d. coworkers of the alleged harasser Question 6: Which of the following is/are true about ADEA? a. Terminations pursuant to a legitimate, non-age motivated reduction in force generally do not violate the ADEA, even if the effect of the reduction falls more heavily on workers in the protected age class. b. The ADEA applies to private but not government employers. c. Most courts have held that the ADEA does not allow employees to sue for reverse age discrimination. Question 7: Which of the following is/are true about the ADA? a. When determining the essential functions of a job, an employer must look to the desired outcome, not the means by which the outcome will be achieved. b. If someone is not disabled, but others believe she is, that person is protected against discrimination. c. Reasonable accommodation may require the redesign of a job in order to eliminate non-essential functions from the job, but it does not require the reassignment or reallocation of any truly essential function. d. An employer will not be required to fundamentally alter its way of doing business or lower its standards of performance, or incur a substantial expense in order to accommodate an employee with a disability. e. If Colleen has a communicable and incurable disease, prospective employers may never disclose this fact to any coworkers. Question 8: True or false: In order to terminate an employee under a pure employment-at-will arrangement (one that is not modified by any state provision, collective bargaining agreement or employment contract), the employer must show that the employee did not perform his/her job properly. Question 9: Peter, a 29-year old white male, has been working in a minority-owned firm for the last seven months. He and four other people were brought on board full-time in preparation for a commercial contract for which the company was bidding. The companypreviously had only five employees and needed the new staff to help write the proposal and demonstrate that it had enough resources to perform the work. Peter was the last person hired. The company’s bid for the work, however, did not win. Last Friday, the owner, Julie, called him into the office to tell him that they were going to let him go but they would give him a good reference for his job hunt. Peter was surprised; by Monday, he was angry. He consulted a lawyer to see if the termination was legal. He reported that he performed his work satisfactorily; he was late only once in the 3 months. He said he never heard that he did anything wrong. The company is established in a full employment-at-will state. Based on the limited information provided in this scenario, does Peter likely have a legal claim? What other information would you want to know in order to decide? Question 10: Charles Smith, a valued and long-term employee, is a regional sales director for a large multi-state corporation. Sales had been slow and upper management decided to hold a retreat for the sales staff to share techniques and get everybody “fired up” for the next quarter. The meeting was at a nice site located on a lake in the wilderness. The remote site was desired so everyone could relax, communicate, and be away from the daily pressures in an informal atmosphere. All 40 regional sales managers were required to attend, and they were randomly assigned five to a cabin in eight cabins. In the memo directing the staff to attend, the Vice President of Sales said, “This is an important opportunity for all of us to let our hair down and have a frank and candid discussion about our sales and marketing approach and whether our sales targets reflect the reality of our market. I am looking forward to an informal and enlightening session.” Through the grapevine Smith learned that four of his cabin mates were old friends he had known for years. Through a series of telephone calls, plans were made to ensure that the friends have a good time on the retreat. One person agreed to bring some drinks; another agreed to bring chips and dip; and a third agreed to bring several cases of beer. Smith indicates he will come up with “something special.” On the first evening of the retreat, as the card game and drinking began, Smith extracted from his luggage a life-size, inflatable, naked female doll. The doll was promptly inflated and placed in a chair in the cabin’s main room. The name of a particularly disliked female sales representative was attached to the doll. The doll remained in plain view for the entire retreat; and, on several occasions, supervisors visiting the cabin observed the doll, but nothing was said or done. Following the retreat the Vice President for Sales hears via the company grapevine that a “pretty good time was being had each evening in the Smith cabin.” The Vice President asks thesupervisors in attendance if they were aware of any unusual activity. They admit they saw this doll with Sally’s name on it but did nothing. When pressed about this lack of action, the two supervisors said they thought the retreat was a special kind of environment and that, while they were uncomfortable with what they observed, they did not want to ruin the informal atmosphere. Sally, the woman involved, has no knowledge of any of these events. The Vice President asks you, the HR Director, what, if anything, needs to be done. Is this a sexual harassment case? Give and explain your answer, using the terms and concepts covered in this course.

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