BLA 306 Exam 3 With Verified
Solution
prominent and understandable - ANSWER What two characteristics should a disclaimer
meet to be legally enforceable and consistent with ethical norms?
employee fulfilling a legal duty; exercising a right or privilege; and refusing to violate the
law - ANSWER examples of wrongful discharge in violation of public policy
form a union and engage in concerted activities - ANSWER employees have the right to
"concerted activities" - ANSWER two or more employees acting together to improve
wages or working conditions
"for mutual aid or protection" - ANSWER to benefit the employee and others (NOT a
personal gripe)
discriminatory comments, employer's business, a personal gripe, or political - ANSWER
protected concerted activities cannot be
prima facie - ANSWER based on the first impression; accepted as correct until proven
otherwise
Bona Fide Occupational Qualification (BFOQ) - ANSWER an employer can raise a ______
when it has a job requirement, policy or practice that discriminates (on its face) against
individuals on the basis of religion, sex or national origin
less than 4/5ths or eighty percent - ANSWER the EEOC assumes that a statistically
significant exclusion rate when the selection rate for any race, sex, or ethnic group is
_______ of the selection rate for the group with the highest selection rate
anything more than a "de minimis" cost or burden - ANSWER an undue hardship under
Title VII is
ban pre-offer inquiries regarding arrests or convictions on applications ("the box") or
during an interview; post-offer inquiries (criminal background checks) are permitted;
some states ban inquiries regarding arrests; written notice must be provided to
candidates who are rejected as a result of a criminal conviction; candidates must be
provided an opportunity to respond; and some states impose a time limit on how far
back the inquiry may reach - ANSWER some states have enacted statutes that address
the collection and use of information relating to criminal arrests or convictions. in
general, these "ban the box" laws share the following characteristics:
mixed motives - ANSWER the plaintiff must prove that the adverse employment decision
is motivated by both a legitimate (non-discriminatory) reason and a discriminatory
, reason
a member of a protected class, qualified for the job, rejected, and employer continued
to seek applicants with plaintiff's qualifications - ANSWER (McDonnell Douglas) to
establish a prima facie case, plaintiff must prove that s/he is:
legitimate non-discriminatory reason - ANSWER (McDonnell Douglas) employer must
articulate a _________ for the plaintiff's rejection
looking at statistics of workforce and employee has to tear LNDR apart - ANSWER
(McDonnell Douglas) plaintiff must prove that employer's reason is a pretext for
discrimination by
fetal protection policy - ANSWER fetal women banned from jobs involving led exposure
and women must prove infertility with medical documentation
Pregnancy Discrimination Act - ANSWER treat pregnant employees the same as others
who are similar in their (in)ability to work
Equal Pay Act of 1963 - ANSWER protects employees against compensation
discrimination based upon sex; only bans sex-based pay discrimination where men and
women perform jobs that require substantially equal skill effort and responsibility within
the same establishment and under similar working conditions; requires that equal
wages be paid in the same form
inquiry provision - ANSWER bans inquiries about salary history on applications and
during interviews (salary history ban)
reliance provision - ANSWER bans reliance on salary history unless voluntarily
disclosed by applicant (salary history ban)
Anti-Retaliation Provision - ANSWER bans employer from retaliating against applicant
who refuses to provide salary history (salary history ban)
safe harbor - ANSWER the federal equal pay act does not contain a ______ provision
tear down barriers and eliminate stigma - ANSWER purposes of the americans with
disabilities act
bans discrimination against individuals with a disability and requires employers to
provide a reasonable accommodation unless the accommodation imposes an undue
hardship - ANSWER americans with disabilities act mandates:
an individual who is qualified and can perform the essential functions of the job either
with or without reasonable accommodation - ANSWER who is covered in the ADA
actual - ANSWER What's a disability? ______ physical or mental impairment that
substantially limits one or more major life activities
record of - ANSWER What's a disability? ______ a physical or mental impairment
Solution
prominent and understandable - ANSWER What two characteristics should a disclaimer
meet to be legally enforceable and consistent with ethical norms?
employee fulfilling a legal duty; exercising a right or privilege; and refusing to violate the
law - ANSWER examples of wrongful discharge in violation of public policy
form a union and engage in concerted activities - ANSWER employees have the right to
"concerted activities" - ANSWER two or more employees acting together to improve
wages or working conditions
"for mutual aid or protection" - ANSWER to benefit the employee and others (NOT a
personal gripe)
discriminatory comments, employer's business, a personal gripe, or political - ANSWER
protected concerted activities cannot be
prima facie - ANSWER based on the first impression; accepted as correct until proven
otherwise
Bona Fide Occupational Qualification (BFOQ) - ANSWER an employer can raise a ______
when it has a job requirement, policy or practice that discriminates (on its face) against
individuals on the basis of religion, sex or national origin
less than 4/5ths or eighty percent - ANSWER the EEOC assumes that a statistically
significant exclusion rate when the selection rate for any race, sex, or ethnic group is
_______ of the selection rate for the group with the highest selection rate
anything more than a "de minimis" cost or burden - ANSWER an undue hardship under
Title VII is
ban pre-offer inquiries regarding arrests or convictions on applications ("the box") or
during an interview; post-offer inquiries (criminal background checks) are permitted;
some states ban inquiries regarding arrests; written notice must be provided to
candidates who are rejected as a result of a criminal conviction; candidates must be
provided an opportunity to respond; and some states impose a time limit on how far
back the inquiry may reach - ANSWER some states have enacted statutes that address
the collection and use of information relating to criminal arrests or convictions. in
general, these "ban the box" laws share the following characteristics:
mixed motives - ANSWER the plaintiff must prove that the adverse employment decision
is motivated by both a legitimate (non-discriminatory) reason and a discriminatory
, reason
a member of a protected class, qualified for the job, rejected, and employer continued
to seek applicants with plaintiff's qualifications - ANSWER (McDonnell Douglas) to
establish a prima facie case, plaintiff must prove that s/he is:
legitimate non-discriminatory reason - ANSWER (McDonnell Douglas) employer must
articulate a _________ for the plaintiff's rejection
looking at statistics of workforce and employee has to tear LNDR apart - ANSWER
(McDonnell Douglas) plaintiff must prove that employer's reason is a pretext for
discrimination by
fetal protection policy - ANSWER fetal women banned from jobs involving led exposure
and women must prove infertility with medical documentation
Pregnancy Discrimination Act - ANSWER treat pregnant employees the same as others
who are similar in their (in)ability to work
Equal Pay Act of 1963 - ANSWER protects employees against compensation
discrimination based upon sex; only bans sex-based pay discrimination where men and
women perform jobs that require substantially equal skill effort and responsibility within
the same establishment and under similar working conditions; requires that equal
wages be paid in the same form
inquiry provision - ANSWER bans inquiries about salary history on applications and
during interviews (salary history ban)
reliance provision - ANSWER bans reliance on salary history unless voluntarily
disclosed by applicant (salary history ban)
Anti-Retaliation Provision - ANSWER bans employer from retaliating against applicant
who refuses to provide salary history (salary history ban)
safe harbor - ANSWER the federal equal pay act does not contain a ______ provision
tear down barriers and eliminate stigma - ANSWER purposes of the americans with
disabilities act
bans discrimination against individuals with a disability and requires employers to
provide a reasonable accommodation unless the accommodation imposes an undue
hardship - ANSWER americans with disabilities act mandates:
an individual who is qualified and can perform the essential functions of the job either
with or without reasonable accommodation - ANSWER who is covered in the ADA
actual - ANSWER What's a disability? ______ physical or mental impairment that
substantially limits one or more major life activities
record of - ANSWER What's a disability? ______ a physical or mental impairment
