1. Which of the following is NOT an accurate statement of the ruling in O'Connor v. Davis on page 244 -245 of the text?
a. The Title VII definition of "employee" incorporates the standard common-law agency doctrine.
b. Unpaid interns are not employees under the applicable definition for Title VII.
c. The definition of an employee under Title VII will operate to prevent Ms. O'Connor from filing a claim under state statutes.
d. The U.S. Supreme Court could not have amended the definition, even to effectuate a just result for Ms. O'Connor.
2. The duties owed by the Agent to the Principal are:
a. Apparent authority; obedience; accounting; care; and loyalty
b. Loyalty; care; accounting; to act within the agent's express authority
c. Obedience; accounting; loyalty; care; and good conduct
d. Fair dealing; indemnification; and honesty
3. The duties owed by the Principal to the Agent are:
a. Compensation; reimbursement; indemnification
b. Fair dealing; indemnification; and honesty
c. Ratification; reimbursement; compensation
d. Indemnification; respect; compensation
4. Respondeant superior liability for a worker's torts can attach to an employer under the following circumstances EXCEPT:
a. The employee was carrying out the requirements of the job to which he was assigned and following the express directives of the employer;
b. The employee acted according to general authority in his position but without express directions from the employer;
c. When an employee is on a detour from his duties;
d. When the tort is committed by an independent contractor acting for the employer's benefit.
5. Please set forth the requirements of a sexual harassment claim. Based upon these requirements, does a corporate culture in which sexually explicit joke are told automatically constitute sexual harassment of women.
6. General partnerships, unlike other business entity forms, can be created by express agreement or by the actions of the partners.
a. True
b. False
7. Discrimination based upon gender stereotypes is permissible under Title VII if, as in the case of Price Waterhouse v. Hopkins, the partners disagree about the candidate's suitability.
a. True
b. False
8. Defenses to employment discrimination claims include:
a. A Bona Fide Occupational Qualification (BFOQ); The owner is a member of the minority allegedly discriminated against; a lack of discriminatory intent;
b. Business necessity; Bona Fide Occupational Qualification (BFOQ); legitimate non-discriminatory reason;
c. A lack of discriminatory intent; BFOQ; and business necessity;
9. Which of the following is NOT among the factors that the EEOC will consider in determining whether or not an accommodation will cause an undue hardship for the employer?
a. The nature of the workplace and the number of employees;
b. What other similarly situated employers do;
c. How much the accommodation will cost;
d. If the employee seeking the accommodation has offered to accept anything less than the full accommodation sought
10. The formation of the various entities is generally controlled by state law and will not be uniform across the country.
a. True
b. False