The Price Waterhouse v. Hopkins case articulates an alternative theory of _______
protection under Title VII when the cause of the employment action was motivated by
both legitimate and _______.
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mixed motives; discriminatory intent
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature are considered violations of Title VII if the conduct is ______
or _______.
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, the basis for any employment decisions; creates an offensive work
environment
_______ employees who are defamed by their employer, also may have a _______ claim
against their employer in the context of a termination.
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At-will, tort-based;
In Samson v. Federal Express Corporation, Samson sued Federal Express under the
ADA claiming his job offer as a technician was withdrawn solely because he had failed
his DOT medical examination because he had diabetes - a disqualifier for operating a
motor vehicle in interstate commerce. What was the appellate court's ruling?
Give this one a try later!
The trial court's ruling in favor or the employer was reversed because there
was a genuine issue of fact as to whether test-driving was truly "essential" to
the job of a technician and remanded the case to a jury trial.
If sexual harassment does not result in a(n) _______ employment action (e.g., demotion),
employers may avoid liability via the _______ defense by proving that a preventative was
in place but the employee failed to take advantage of it.
Give this one a try later!
, tangible; Fragher/Ellerth
The employment-at-will doctrine does not apply cases where (1) the employee has an
express contract, (2) courts have fashioned a common law exception that protects
the employee, or (3) ___________.
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some specific statutory protection against job termination
A(n) _______ agreement gives rights to non-management employees, in addition to
managers.
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collective bargaining
Once the plaintiff has established a prima facie case under the McDonnell Douglas
standard and the defendant has presented justification for the actions taken, the
plaintiff must now prove any of the following except:
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the stated reasons contain a mixed motive
, The SOX Act seeks to increase _______ independence through setting _______ of auditing
partners, and for banning _______ from providing nonauditing consulting services for
public companies. (Choose all the correct answers)
Give this one a try later!
accounting firms
auditor
mandatory rotation
Under Sarbanes-Oxley, an individual who destroys evidence can receive up to how
many years of incarceration?
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20
The ADEA is similar to Title VII in that protected employees ______ and become
members of a special class if ______.
Give this one a try later!
do not get special treatment, employers discriminated against them in favor
of a substantially younger employee
True or false: Employers are required to overlook employee misconduct when
complying with antidiscrimination statutes.
protection under Title VII when the cause of the employment action was motivated by
both legitimate and _______.
Give this one a try later!
mixed motives; discriminatory intent
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature are considered violations of Title VII if the conduct is ______
or _______.
Give this one a try later!
, the basis for any employment decisions; creates an offensive work
environment
_______ employees who are defamed by their employer, also may have a _______ claim
against their employer in the context of a termination.
Give this one a try later!
At-will, tort-based;
In Samson v. Federal Express Corporation, Samson sued Federal Express under the
ADA claiming his job offer as a technician was withdrawn solely because he had failed
his DOT medical examination because he had diabetes - a disqualifier for operating a
motor vehicle in interstate commerce. What was the appellate court's ruling?
Give this one a try later!
The trial court's ruling in favor or the employer was reversed because there
was a genuine issue of fact as to whether test-driving was truly "essential" to
the job of a technician and remanded the case to a jury trial.
If sexual harassment does not result in a(n) _______ employment action (e.g., demotion),
employers may avoid liability via the _______ defense by proving that a preventative was
in place but the employee failed to take advantage of it.
Give this one a try later!
, tangible; Fragher/Ellerth
The employment-at-will doctrine does not apply cases where (1) the employee has an
express contract, (2) courts have fashioned a common law exception that protects
the employee, or (3) ___________.
Give this one a try later!
some specific statutory protection against job termination
A(n) _______ agreement gives rights to non-management employees, in addition to
managers.
Give this one a try later!
collective bargaining
Once the plaintiff has established a prima facie case under the McDonnell Douglas
standard and the defendant has presented justification for the actions taken, the
plaintiff must now prove any of the following except:
Give this one a try later!
the stated reasons contain a mixed motive
, The SOX Act seeks to increase _______ independence through setting _______ of auditing
partners, and for banning _______ from providing nonauditing consulting services for
public companies. (Choose all the correct answers)
Give this one a try later!
accounting firms
auditor
mandatory rotation
Under Sarbanes-Oxley, an individual who destroys evidence can receive up to how
many years of incarceration?
Give this one a try later!
20
The ADEA is similar to Title VII in that protected employees ______ and become
members of a special class if ______.
Give this one a try later!
do not get special treatment, employers discriminated against them in favor
of a substantially younger employee
True or false: Employers are required to overlook employee misconduct when
complying with antidiscrimination statutes.
