Employment Law
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Course Introduction
Employment Law explores the legal principles governing the relationship between employers and employees, focusing on key topics such as employment contracts, workplace rights and obligations, discrimination, dismissal, health and safety, and collective bargaining. The course examines the statutory and common law frameworks that regulate hiring, workplace conditions, discipline, termination, and dispute resolution. Additionally, it considers the roles of employment tribunals, courts, and regulatory authorities in enforcing employment standards, and looks at contemporary issues such as the gig economy, remote work, and emerging forms of labour. Students will gain practical insights into navigating legal challenges in the workplace and understanding the balance between organizational interests and employee protection.
Recommended Textbook
Employment Law for Business 6th Edition by Dawn Bennett-Alexander
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Page 2
Chapter 1: The Regulation of the Employment Relationship
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Q1) Harrison works in a cubicle at a window next to Karen Ravenwood's cubicle at Tabernacle Insurers.One day,Harrison overhears Karen's supervisor make a comment that she'd be more successful if she spent as much time on shaping her list of prospective customers as she does on shaping her body.Karen files a complaint of sex/gender discrimination with the EEOC and Harrison is called to testify during the investigation.The EEOC decides not to pursue the matter.A month and a half after the investigation is closed,Tabernacle management moves Harrison from his cubicle to a cubicle on a vacant floor.All other aspects of his job remain the same.Harrison files a complaint of retaliation.
A)Harrison cannot pursue a case of retaliation because the relocation of his work area between cubicles did not materially affect the terms,conditions,or privileges of his employment at Tabernacle.
B)Harrison cannot prove a case of retaliation because the investigation uncovered no wrongdoing.
C)Harrison cannot prove a case of retaliation because he is not in the same protected group as Karen.
D)Harrison can prove a case of retaliation.
Answer: D
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Page 3
Chapter 2: The Employment Law Toolkit: Resources for
Understanding the Lawand Recurring Legal Concepts
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Q1) Distinguish the business necessity defense from the bona fide occupational qualification defense,including describing each defense and stating when each can be used.
Answer: A bona fide occupational qualification (BFOQ)is some skill or trait that is legitimately required in order for an individual to adequately and properly perform a particular job.An employer may defend against a claim of disparate treatment discrimination brought by an individual not possessing the trait or skill by asserting that the trait or skill is a BFOQ.The BFOQ can be used in cases involving allegations based on gender,religion or national origin but not for race or color.The business necessity defense is available only in cases of unintentional or disparate impact discrimination.It requires the employer to demonstrate that the performance of a particular job by the use of particular methods or skills is reasonably necessary to the essence of the employer's business.
Q2) 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.
A)True
B)False
Answer: True
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Chapter 3: Title VII of the Civil Rights Act of 1964
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Q1) Trade secrets can be protected by
A)limiting access to sensitive date to those with a particular need for the information.
B)keeping sensitive data under lock and key.
C)having employees with access to trade secrets sign a confidentiality agreement.
D)All of the choices are correct.
Answer: D
Q2) In the absence of a BFOQ,the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual ________ years of age or older.
A)35.
B)40.
C)50.
D)65.
Answer: B
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5
Chapter 4: Legal Construction of the Employment
Environment Part Two
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Q1) In 2000,the Office of Federal Contract Compliance Programs issued a comprehensive set of changes to its regulation.The changes were designed to
A)force more employers to implement voluntary affirmative action plans.
B)change the attitude of employers so that affirmative action plans are perceived as a management tool to ensure equal employment opportunity.
C)require all employers to seek technical assistance from the OFCCP in order to reduce the number of "faulty" affirmative action plans.
D)All of the choices are correct.
Q2) Title VII:
A)prohibits discrimination and prohibits affirmative action.
B)prohibits discrimination and requires reverse discrimination.
C)prohibits discrimination and requires affirmative action.
D)prohibits discrimination and permits affirmative action.
Q3) Affirmative action applies to all employers engaged in interstate commerce.
A)True
B)False
Q4) Specify ten actions that an employer can take to show that it values diversity.
Q5) Distinguish between quotas and affirmative action goals.
Page 6
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Chapter 5: Affirmative Action
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Q1) The term 'under color of state law' refers to:
A)laws enacted to protect the "Rainbow Coalition."
B)any discrimination complaint that is brought outside the provisions of Title VII.
C)state Jim Crow laws.
D)an action taken by a person acting on behalf of a state or local government that deprives someone else of their civil rights.
Q2) Brenda Lester is a light-skinned African American woman who worked the morning shift as a cashier at the Waltersville All Night Diner.A few weeks after a dark-skinned African-American manager took over the morning shift,Brenda was moved to the night shift.When Brenda complained,the manager said,"You may have passed the 'paper bag test' but black is beautiful now." When Brenda replied that it was unfair to change her shift for no good reason,he said that he'd be willing to reconsider his decision if she got a tan.
A)Brenda can bring a claim of discrimination under Title VII based on race.
B)Brenda can bring a claim of discrimination under Title VII based on color.
C)Brenda cannot bring a claim of discrimination under Title VII based on race.
D)Brenda cannot bring a claim of discrimination under Title VII based on color.
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Page 7
Chapter 6: Race and Color Discrimination
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Q1) Morales,who speaks only English,owns and operates a large warehouse.Most of his workers speak only English,and he requires that all of his employees speak English,and that all communication in the workplace,which involves the performance of any job,be done in English.A number of non-English speaking workers complain about the policy on the grounds that they can converse in their native languages and still get the job done.If these non-English speaking employees bring a claim of national origin discrimination on the basis of this policy,what is Morales' best defense? Explain.
Q2) David Perez,who was born in Port Alice,Wyoming.Under the Guidelines on Discrimination Because of Religion or National Origin,the federal agency for which he works must take affirmative steps to ensure that he is not discriminated against on the basis of the fact that his parents are:
A)Mexican.
B)Southern European Italian Jewish.
C)Native American.
D)Black.
Q3) Citizenship and national origin are synonymous.
A)True
B)False
Q4) Distinguish between national origin and citizenship.
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Chapter 7: National Origin Discrimination
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Q1) Solid Security Service hires male and female security officers.Solid only assigns the female employees to work at the local mall from 10:00 a.m.to 3:00 p.m.The company's rationale is that the mall is a low risk area for violent crime until 3:00 p.m.Male employees are allowed to work day and night shifts and are assigned to a variety of work sites.
A)Solid is not liable for gender discrimination because it can use BFOQ as a defense to any claim filed by its female employees.
B)Solid is not liable for gender discrimination because it employs men and women.
C)Solid is liable for gender discrimination because its male and female employees are being treated differently based on their gender.
D)Solid is not liable for gender discrimination because it pays all employees based on the same wage scale,regardless of gender.
Q2) Spiffy Autobody,Inc.pays Eileen less than it pays Jose for doing the same job on the grounds that Jose has more seniority.Eileen does not have a claim under the Equal Pay Act.
A)True
B)False
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Page 9
Chapter 8: Gender Discrimination
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Q1) Pam worked as a security guard.The other security guards,all men,routinely verbally harassed her because she was doing a "man's work." Additionally,they would hide her badge and keys to the client's doors.Her uniform was greased and motor oil was poured inside her purse while it was in her locker.Pam complained to her supervisor who asked immediately if any of the men had ever touched her.When she said no,the supervisor said there was nothing he could do to stop it,that it was just horseplay.
A)Pam does not have a claim for sexual harassment because none of the men have touched her in a sexual way.
B)Pam does have a claim for sexual harassment because the she is being harassed because she is a woman.
C)Pam does not have a claim for sexual harassment because no tangible employment action has been taken with regard to Pam's job.
D)None of the choices are correct.
Q2) Claims for sexual harassment do not have to be based on sex,sexual comments or requests for sexual activity.
A)True
B)False
Q3) What are the elements of a prima facie case of hostile environment harassment?
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10
Chapter 9: Sexual Harassment
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Q1) The Supreme Court held that the severity of the harassment must be judged from the perspective of a reasonable person in the plaintiff's position,without considering the social context in which the harassment allegedly occurred.
A)True
B)False
Q2) Cindy is a lesbian and employed by Holt Manufacturing as a welder.She is frequently subjected to verbal abuse by her co-workers who think that welding is a man's job.Cindy is called vulgar names for a woman and is exposed to nude pictures of women on the walls.Cindy's co-workers do not know that Cindy is a lesbian.Cindy complained to her supervisor who told her that she should work on being a "team player." Cindy eventually quit her job.
A)Cindy does not have a claim for discrimination under Title VII because she is a lesbian.
B)Cindy does have a claim for discrimination under Title VII even though she is a lesbian.
C)Cindy does not have a claim for discrimination under Title VII because she quit her job.
D)None of the choices are correct.
Q3) What protections,if any,does Title VII afford gay and lesbian individuals?
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Page 11
Chapter 10: Sexual Orientation and Gender Identity
Discrimination
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Q1) Grace is a police officer with the Washington County Police Department.Anti-abortion protestors announce that they are going to hold rallies at medical clinics where abortions are performed in Washington County.The police department decides to assign police officers to guard the clinics.Grace tells the chief of police that her strong religious beliefs opposing abortion prevent her from guarding a clinic.The chief tells Grace that he will not assign her to guard a clinic and that she can patrol elsewhere during the rallies.During one of the rallies a riot occurs at one of the clinics and police reinforcements are called to the scene.Grace is one of the officers who is called to assist the officers already guarding the clinic.She refuses to respond to the emergency call and is fired.Grace claims religious discrimination.
A)Grace will prevail because the police department reneged on its offer of a reasonable accommodation.
B)The department will prevail because the department could not excuse her from responding to the emergency call without causing an undue hardship.
C)Grace will prevail because other officers responded to the emergency call.
D)The department will prevail because Grace only told the chief about her aversion to guarding the clinic and did not mention anything about other duties.
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Chapter 11: Religious Discrimination
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Questions
Q1) A statutory defense to a prima facie case of age discrimination is accomplished by
A)the employer's demonstration that the adverse decision complained of by the plaintiff was motivated by any factor other than age.
B)proof that the employer's complained of actions were not premised on age,but were,instead,premised on a proxy for age.
C)reliance on the BFOQ provisions of ERISA.
D)the employer's demonstration that the adverse decision complained of by the plaintiff was motivated by any reasonable factor other than age.
Q2) In the event of a RIF,age discrimination may be proven if
A)the employer allows a discharged or demoted employee covered by the ADEA to bump others with less seniority.
B)when jobs become available after the RIF,the employer hires younger workers at the same salary as the employee who was discharged or demoted.
C)the employee was fired in order to prevent his pension from vesting.
D)None of the choices are correct.
Q3) List the recognized defenses to a claim of age discrimination.
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Chapter 12: Age Discrimination
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Q1) 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 father's store for 7 years before he retired.She filed a claim under the ADA.
A)Food Mart is liable under the ADA because of its perception that Marie's facial scars constitute an impairment that substantially limits a major life activity.
B)Food Mart is not liable under the ADA because refusing to hire someone based on their appearance does not violate the ADA.
C)Food Mart is liable under the ADA because it failed to offer Marie a job stocking shelves after the store closed as an accommodation.
D)Food Mart is not liable because the facial scars are not severe and pervasive.
Q2) Describe the "interactive process" that should occur when there is a possible need for reasonable accommodation.Include the respective responsibilities of the employer and the employee.
Q3) What factors must be taken into account in determining whether an individual with a communicable disease that is a disability is otherwise qualified for the job?
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Page 14
Chapter 13: Disability Discrimination
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Q1) Roger Greenberg was fired after being accused of misappropriation of company funds,a charge which he vehemently denied.When he applied for another job,he had to explain to the prospective employer why he was fired.After being turned down for several jobs,Roger can file an action against his former employer for A)publication in a false light.
B)compelled self-disclosure defamation.
C)public disclosure of private facts.
D)Roger has no cause of action against his former employer.
Q2) An employee unreasonably detained during a search by a private employer may have a viable cause of action against the employer for A)defamation.
B)false imprisonment.
C)assault.
D)battery.
Q3) The Privacy Act of 1974,originally enacted to apply to government employees only,was extended to cover private sector employees in 1991.
A)True
B)False
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15
Chapter 14: The Employees Right to Privacy and Management of Personal Information
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Q1) Gargantuan Industries has approached the union representatives about scheduling midterm negotiations in accordance with the collective bargaining agreement.The union refused to meet with management,claiming that there wasn't anything to negotiate.
A)The union's refusal to bargain with Gargantuan is legal because the parties did not have a dispute prior to the request to have midterm negotiations.
B)The union's refusal to bargain with Gargantuan is an unfair labor practice.
C)The union's refusal to bargain with Gargantuan is an unfair labor practice in violation of the Landrum-Griffin Act.
D)None of the choices are correct.
Q2) Brian is a member of the union.His union leaders have decided to strike because management will not consider their demands for a salary increase.During the strike,management replaces the striking workers with new employees.When the strike is over:
A)Brian is entitled to be reinstated.
B)Brian is not entitled to be reinstated.
C)refusal by the employer to reinstate Brian is an unfair labor practice.
D)None of the choices are correct.
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Chapter 15: Labor Law
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Q1) The "greater hazard" defense is allowed by OSHA if the employer can show I A variance from the secretary of labor is unavailable
II Alternative means of protection are unavailable
III The employees refuse adhere to OSHA's restrictions
IV The hazards of compliance with the standard are greater than the hazards of noncompliance.
A)I and II.
B)II and III.
C)I,II and III.
D)I,II and IV.
Q2) Alvin is 16 years old and lives in a state that prohibits minors under the age of 17 from performing any job that involves a cash transaction.He applies for work as a cashier at a local department store and is denied the job on the basis of his age.Alvin argues that since the FLSA is a federal statute and it does not prohibit 16 year-olds from working in a job that involves a cash transaction,the state age limitation is invalid.Is Alvin correct? Explain.
Q3) What are the five factors used to determine whether an individual is an employee for purposes of the FLSA?
Q4) What are the "fiduciary standards" established by ERISA?
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