Unit VIII Assessment MC - Essay Example

UNIT VIII ASSESSMENT Chapter 11 & 12 within text book Bennett-Alexander, D.D., & Hartman, L.P. (2009). Employment law for business. (6thed New York, NY: McGraw-Hill------------(This is the text book)MULTIPLE CHOICE QUESTIONS:(1) Once the employee has offered evidence to support a prima facie case for disparate treatment age discrimination, the employer burden of proof shifts and the employer:(I)can present a legitimate and nondiscriminatory reason for its employment decision.(II) can use the BFOQ defense(III) can claim exemption from compliance based on the OWBPA(IV) can claim a business necessity defense Answer I only.I and II.I, II, and III.

I, II and IV.I, II, III and IV.(2) Wolfgang has been diagnosed as having "alcoholism" and it is getting worse. It is beginning to affect his attendance and his demeanor at work. Wolfgang is afraid his employer, the Big Rock Quarry, will find out but his supervisor already suspects that Wolfgang is an alcoholic. In order to terminate Wolfgang, other than for specific misconduct, Big Rock must: (I) inform Wolfgang of counseling services.(II) give Wolfgang a "firm choice" between treatment and discipline if the alcoholism continues.(III) provide outpatient treatment if Wolfgang accepts it.(IV) provide inpatient treatment if outpatient treatment is unsuccessful.

Answer I and III only.II onlyII, III, and IV only.I, II, III and IV.(3) Marie was severely burned as a child in a house fire. She has extensive disfiguring scars on her face and neck. She applied for a job as a cashier at Food Mart and was not hired even though she had worked as a cashier at her fathers store for 7 years before he retired. She filed a claim under the ADA.Answer Food Mart is liable under the ADA because of its perception that Maries facial scars constitute an impairment that substantially limits a major life activity.

Food Mart is not liable under the ADA because refusing to hire someone based on their appearance does not violate the ADA.Food Mart is liable under the ADA because it failed to offer Marie a job stocking shelves after the store closed as an accommodation.Food Mart is not liable because the facial scars are not severe and pervasive.(4) Bob Hughes is 57 years old and was employed by the state as a school bus driver. He had an exemplary record, with no accidents in the 27 years he was employed by the state.

Bob was replaced by a younger man, age 31. He filed a claim with EEOC for age discrimination.Answer Bob has a valid claim because he can establish all of the elements of a prima facie case.Bob cannot file a claim for age discrimination because he is a state employee.Bob is a state employee and must file his pursuant to OWBPA, not with EEOC.Bob does not have a claim for age discrimination because he was not more qualified than his replacement.(5) Principle enforcement of the ADEA is by:Answer state courts.

federal courts.the NLRB.the EEOC.(6) Carlos, age 24, and Samuel, age 47, are employed as security officers for Jackson Security Co. In an effort to retain qualified officers and to be more competitive with the salaries offered by the police department, Jackson developed an incentive plan which provided for higher raises for younger officers. As a result, Jackson gave Carlos a higher raise than Samuel. Samuel filed a claim for age discrimination.Answer Jackson will be liable for age discrimination because it treats older workers differently than its younger workers.

Jackson will not be liable for age discrimination because the ADEA allows for different treatment when it is based on a reasonable factor other than age.Jackson will be liable for age discrimination because Samuel did not file a waiver.Jackson will not be liable for age discrimination because Samuel was given a raise and his seniority status was not affected.(7) Gibson Foods, Inc. and Thompson Foods, Inc. have merged to form a new corporation, Better Food, Inc. In the process of consolidating the business, management decides that a reduction in force is necessary to avoid duplication of positions and generally streamline the running of the new company, thereby lowering the operating costs.

Paul is a production manager and his job is eliminated. He is 51 years old and believes that he was targeted because of his age.Answer Better Food will automatically be liable for age discrimination if the company retained any employees younger than Paul.Better Food can defend the claim for age discrimination if it can provide a reasonable factor other than age for Pauls termination.Better Food can eliminate its liability having Paul sign a waiver which prevents him from filing a claim with EEOC or participating in EEOC investigations.

Better Food can defend the claim for age discrimination because a RIF is exempt from ADEA protection.(8) Catherine, aged 59, was employed as a make-up artist with a local department store. The company hired a new manager. He fired Catherine and gave her job to Katrina, age 42. Catherine is alleging age discrimination.Answer Catherine cannot claim age discrimination because Katrina at age 42 is a member of the protected class as well.Catherine cannot claim age discrimination because the employer has a mandatory retirement age.

Catherine can claim age discrimination because the employer did not correctly apply the provisions of OWBPA.Catherine can claim age discrimination even though her replacement was a member of the protected class.(9) In order to establish that a requested accommodation constitutes an undue hardship under the ADA, an employer must show that the accommodation:Answer is not readily achievable.will require the employer to incur more than a de minimis cost.will require the employer to incur a significant cost or obligation.

will result in inconvenience to other employees.(10) Gabriela realizes that she will need some form of accommodation in order to perform the essential functions of her position. In order to pursue a claim under the ADA, Gabriela must:Answer give written notice of the disability to her employer.explicitly tell her employer that she is making a request under the ADAmake explicit reference to the term "reasonable accommodation."communicate the requirement in "plain English."