answers
- race-related statements by decision-makers
- comparative treatment evidence
- unexplained deviations from policy
- the decision-maker's race
- statistical evidence. Ans✓✓✓ The factors examined to determine disparate
treatment in a color and race discrimination case include, but are not limited to:
$100,000 Ans✓✓✓ The federal Drug Free Workplace Act of 1988 requires federal
contractors doing more than _____________ in business with the federal
government to ensure a drug-free workplace through education and enforcement
of drug-free policies.
$300,000 Ans✓✓✓ The risks to employers from sexual harassment claims is
great, as plaintiffs may claim up to _____________ in compensatory damages, ask
for punitive damages, and request jury trials.
1 year Ans✓✓✓ How long does the application Title VII continue after a firm has
reached a critical mass of 15 employees?
1. Reasonable self-analysis
2. Reasonable rationale for taking corrective action
3. Reasonable action Ans✓✓✓ An AA plan must contain three basic
requirements:
,1. The stated reason is not true
2. The stated reason is true, but was not a "motivating factor"
3. The reason was a factor, but not sufficient to justify the job action" Ans✓✓✓
From the text, "Once the plaintiff proves these things, the burden then shifts to
the employer to produce a lawful motive for the adverse employment action.
Then the burden shifts back to the claimant to rebut the employer's justification,
by showing:
1. Working in the same place
2. Doing equal work - sufficient commonality of tasks and responsibilities
3. Receiving different and unequal pay Ans✓✓✓ To make a claim of
discrimination under the Equal Pay Act - the prima facie case - an employee must
show that two employees of the opposite gender are:
1) the employee is the protected class;
2) the employee is qualified for the position;
3) the employee suffers some adverse employment action; and
4) a person of opposite gender received favorable employment action or the
employer continues to look for applicants for the position. Ans✓✓✓ The full list
of elements for a prima facie case include:
1) the IRS 20-factor analysis;
2) the economic realities test; and,
3) the common law agency test. Ans✓✓✓ There are three different tests
commonly used to determine if a worker is an employee or independent
contractor:
, 1) used as an opportunity to eliminate older workers;
2) based upon subjective criteria; or
3) employed as a pretext to avoid ADEA concerns. Ans✓✓✓ Courts will find a RIF
plan discriminatory if downsizing is:
180 Ans✓✓✓ Employees are entitled to any earned commissions, sick pay,
seniority, pension, or health benefits accrued in the _______ days prior to a plant
closing.
2 years Ans✓✓✓ Money awards may take the form of back pay for up to
________, for the time an employee was not working,
2/3 normal pay Ans✓✓✓ Worker's compensation benefits are fixed by law and
typically include replacement income of how much?
20 Ans✓✓✓ The ADEA applies to public and private employers and unions with
more than _______ employees.
20% Ans✓✓✓ Affirmative action applies to only about _______ of the workforce.
26 Ans✓✓✓ A 2008 FMLA amendment allows for a ___________-week period of
leave for qualifying family members of veterans seriously injured in the line of
duty.
30% Ans✓✓✓ What is the threshold number of workers needed to sign
authorization cards to seek union formation from the NLRB?