Employment Law Assessment
Complete the mcq:
Question 1
Cara has been employed by Dalton Department Store for 10 years as a sales associate in the women's department. After she became a Muslim, she decided to wear a burka, a full-body cloak, with a small mesh-like screen to see through. When she reported for work wearing burka, her employer told her that she was in violation of the company's dress policy. Cara was told to change her clothes or go home. Cara refused to change her clothes and left. She was contacted by her employer later that day and was told that she could continue to work for the company in the stock room at no reduction in pay.
Dalton Department Store has no liability under Title VII because Cara was offered a reasonable accommodation
Cara has an actionable claim under Title VII because she was demoted and adverse employment actions are not considered reasonable accommodations.
Dalton Department Store is liable for religious discrimination because there was no evidence that their customers would have been offended by Cara's clothing.
Cara does not have an actionable claim for religious discrimination because she was aware of the grooming policy before she decided to follow the Muslim religion.
Question 2
The safety standards enforced by the Occupational Safety and Health Administration are researched and formulated by:
Congress.
state workplace safety agencies.
the National Institute for Occupational Safety and Health.
the National Labor Relations Board.
Question 3
Charity Hospital has 15 Muslim employees in the maintenance department. The hospital had a designated room for their Muslim employees to comply with their religious practice of praying 5 times daily located in the basement. Muhammad, a new employee, refused to use the room in the basement because he felt it degraded his religion to be relegated to the basement. Muhammad used the 3rd floor visitor waiting room 3 times per day to pray. His supervisor asked him not to pray in the visitor waiting room. Muhammad continued to use the waiting room and he was fired.
Muhammad has a claim for religious discrimination because Charity Hospital unreasonably failed to accommodate his religious practice by allowing him to pray where he felt comfortable.
Muhammad does not have a claim for religious discrimination because the room in the basement was not a reasonable accommodation.
Muhammad does not have a claim for religious discrimination because he had a duty to cooperate in the accommodation.
Muhammad does not have a claim for religious discrimination because the other employees participated in the accommodation.
Question 4
Patrick is employed by First Church of God as a cook in the daycare center. When Patrick was hired, he was attending the church and discussed joining the church with the pastor. After 3 months, Patrick had not joined the church, and his employment was terminated.
Patrick has a claim for religious discrimination under Title VII and the U.S. Constitution's Establishment Clause.
Patrick does not have a claim for religious discrimination because the church is exempt from compliance with Title VII.
Patrick has a claim for religious discrimination because his job did not involve religious practices or activities and he was terminated anyway.
Patrick does not have a claim for religious discrimination because he told the pastor he planned to join the church.
Question 5
Grapple Industries has 1,000 full-time and part-time employees who manufacture parts for hand tools. Company policy states that part-time employees are not eligible for overtime pay, even if an employee works more than 40 hours during a particular week. Grapple has:
not violated the FLSA because part-time employees are by definition exempt from overtime pay.
not violated the FLSA if it has obtained an exemption for part-time employees from the Department of Labor's wage and hour administrator.
violated the FLSA because all of its employees are covered by the FLSA and entitled to overtime pay.
not violated the FLSA because its' part-time employees fall within artistic and creative exception to the overtime rules.
Question 6
The defense to negligence, which involves proof that the plaintiff is responsible for the injuries of which she complains is:
assumption of the risk.
the fellow servant rule.
the greater danger defense.
contributory negligence.
Question 7
Once an employer is aware of a conflict between company policy and an employee's religious practices, the employer must:
modify company policy so as not to discriminate against the employee's religious practices.
always exempt the employee from compliance with policy.
attempt to reasonably accommodate the employee's religious practice as long as the cost of doing so is de minimis.
inform the employee that he/she will be disciplined for violation of company policy just like any other employee.
Question 8
The OSHA requirement that employers provide safety training to all new employees and to all employees who have been transferred into new positions:
is the general duty rule.
is the safety training requirement.
is the continual training requirement.
is the safety standard duty.
Question 9
In cases where a court is called upon to determine whether an employer has committed religion-based discrimination, the court must frequently first decide:
the legitimacy of the religion involved.
whether the employer is of a different religion than the employee.
how long the religion involved has been established.
whether even deciding the question excessively entangles the government in the practice of religion.
Question 10
Major Energy has decided to adopt a new pension plan. Under the new plan, Major Energy owners will benefit greatly, but the employees will be significantly less well off than under the present plan, even though the owners of Major Energy inform the employees that the whole purpose of the plan is to make the employees better off. Major Energy's characterization of the effects of the change:
is legal, as long as the new plan is funded at level substantially equivalent to HIPAA standards.
does not violate section 404(a) of ERISA, as interpreted by the U.S. Supreme Court in Varity Corp. v. Howe, since it does not amount to a permanent termination of the availability of a pension benefits plan.
violates section 404(a) of ERISA, as interpreted by the U.S. Supreme Court in Varity Corp. v. Howe.
violates section 404(a) of ERISA, which prohibits any modification to a pension benefit plan once the first employee has enrolled in the plan.
11. The elements of a prima facie case of religious discrimination for disparate treatment and for failure to accommodate are different. What are the requirements for each?
12. 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.