hra545 all week quizes latest 2017

Week 1 quiz

Question 1.In Douglas Schultz v. Capital International Security, Incorporated, were the five plaintiffs independent contractors or employees? Did the employers have control over the actions of the plaintiffs or were the plaintiffs allowed to manage and use their own discretion over their actions? Who provided the tools of the trade in this action? Were the agents work actions scripted or left to their best judgment?

Question 2.What are the six primary protected classifications protected against discrimination by Title VII and enforced by the EEOC? Where in employment discrimination actions is it easiest for a violation of discrimination to occur? May employers select prospective employees from a select pool if that pool clearly is discriminatory to one of the protected classes? May employers express a preference for a particular protected class member is the advertising and hiring process?

Question 3. Differentiate between the independent contractor and an employee. What test and what factors come into consideration in making this determination?

Question 4.In Caring Hearts Personal Home Services, Inc. v. Delores Hobley, did the court allow a non-compete contract to be enforceable against an independent contractor as well as against an employee? Did the Caring Hearts agency employ both independent contractors and employees? Are geographical limitations allowed in non-compete contracts? May a period of time of limiting employment in excess of one year be allowed to stand in a non-compete agreement? What reasons exist, if any, to disallow independent contractors to be restricted in the same manner as an employee in the enforceability of a non-compete agreement?

Question 5. As set forth in Jamie Evans v. Washington Center for Internships and Academic Seminars may an unpaid intern be entitled to a tort claim equal to that of an employee who suffered the same harm? Specifically, may it be the case that an employer may be held liable for negligent actions in hearing the tort offender? May a high corporate officer be held liable if only for failing to act reasonably?

Week 2 quiz

Question 1.What dangers, if any exists, where an employer has insisted upon an arbitration clause in an employment agreement that specifies that “any and all claims arising out of the employment shall be resolved by mandatory arbitration”? Consider the courts’ opinions in EEOC v. Waffle House and Circuit City v. Saint Clair Adams in your answers.

Question 2.What is the theory of Constructive Discharge of Employment? How does it differ in kind and in meaning from Actual Discharge of Employment?

Question 3.As demonstrated in Avery Foster v. Federal Express, when and under what circumstances may an employee handbook constitute an employment contract rather than an employment at will circumstance?

Question 4. When and under what circumstances may employers monitor employee’s emails?

Question 5.What is a “whistleblower act”? What federal act now primarily governs whistleblower actions? What is the theoretical purpose of such an act?

Week 3 quiz

Question 1. Question :

Can Wal-Mart stop all African American male customers each time they exit the store to check their packages?

Yes, in a high crime area.

Yes, but only if they stop all male customers regardless of race.

Both A and B.

neither A nor B.

Question 2. Question :

Which of the following are covered under Title VII?

Government

Employment agencies

Labor unions

All of the above

None of the above

Question 3. Question :

In the University of Michigan case, which school established criteria that was acceptable?

the College of Arts and Sciences.

the Law School.

both A and B.

neither A nor B.

Question 4.To effectuate the Brown v. Board of Ed. decision, what was required?

Integrated public housing

Integrated public schools

Busing

All of the above

Question 5.When a Pakistan male brings a case based on race, he often couples this allegation with one based on:

national origin.

religion.

color.

all of the above.

week 4 quiz

1.The Equal Pay Act does not prohibit differences for:

merit.

seniority.

quantity of work.

all of the above.

A and C only.

Question 2.Sex plus discrimination can involve gender plus:

homosexual lifestyle.

small children.

elderly parents.

all of the above.

B and C only.

Question 3.Employers may regulate:

length of hair.

facial hair.

clothing attire.

all of the above.

none of the above.

Question 4.The Equal Pay Act is an amendment to:

Civil Rights Act.

FLSA.

Minimum Wage Act.

NLRA.

none of the above.

Question 5.A woman who is employed in a club for teenage girls can be terminated because she was single and pregnant. This is:

permissible under the at-will doctrine.

a BFOQ.

pregnancy discrimination.

none of the above.

A and B only.

Week 5 quiz

Question 1.Define the Bona Fide Occupational Qualification allowed under Title VII? Are grooming and clothing requirement of a religious practice protected under Title VII? How does the freedom of association right factor into Title VII?

Question 2.In James Patterson and Lisa M. Coffey v. Indiana Newspapers, what was the defense’s position with regard to Mr. Patterson? What class, if any, were Mr. Patterson and Ms. Coffey asserting as a protected class deserving of protection?

Question 3.May employers institute an English-Only Rule in the workplace? Does Title VII consider verbal harassment in the workplace concerning national origin enough to be an actionable suit in a court complaint?

Question 4.Is it the case that Title VII of the Civil Rights Act protects homosexual employees, or potential homosexual employees, who may be discriminated in the workplace? Is sexual orientation a protected class? What happens when an employer has an express policy against such discrimination? Does this enhance rights?

Question 5.In Jimmie Beall v. London City School District Board of Education how did the court defined the notion of “pretext” within the context of a discrimination claim? What action may an employer take where there exists a legitimate non-discriminatory reason for an employment termination along with an unlawful discriminatory motive?