1. An employee has been constructively discharged from his employment when: a. he is given constructive criticism of his prior performance in his exit interview. b. he is formally terminated under circumstances favorable to the employer. c. he resigns to avoid being laid off during a slow period. d. he resigns because working conditions are so intolerable that no reasonable person should be expected to endure them. 3. An employer may legitimately forego hiring individuals of a given gender if: b a. doing so would pose a great logistical and/or financial (economic) hardship. b. doing so would anger her customer base. c. the employer's current employees refuse to work with an individual of a different gender. d. such policy of exclusion is consistently implemented. 4. True-False: Employer grooming codes for EEs are always illegal because they allow employers to impose different standards on men and women. 5. When fewer members of a group, defined by a protected category, occur in a workforce than would reasonably be expected, on the basis of their availability in the work pool, that group is a. the victim of reverse discrimination. b. unemployable. c. the victim of illegal discrimination. d. underrepresented in the labor force. 6. True or False: The Courts will never find an employment contract unless there is a written agreement between the worker and the employer. 7. Porter seeks accommodation for a religious practice unique to the Heavenly Masters. Porter's employer has never heard of this religion. In order to determine whether Porter's demand for accommodation is truly based on religion, the employer must determine whether . the Establishment Clause of the First Amendment to the U.S. Constitution is involved. b. it is a registered religion. c. it is based on a closely held belief and whether the belief occupies the place of religion in the employee's life. d. it is based on a popularly held belief in the local community and whether that belief occupies the place of religion in the employee's life. 8. True or False: Statistically older workers are less reliable, less hard working and committed and have a higher rate of absenteeism due to health concerns. 9. True or False: If someone has no disability but others think s/he has one, that person is protected by the ADA against disability discrimination. 10. True or False: Monica, age 39, is terminated from her job. Her employer tells her that changes in the Company's customer environment have made older, more mature individuals better suited for her job selling hospital supplies to retirement communities. Regardless of whether that statement is true about the Company's market, Monica has a great basis for a claim of age discrimination. 11. An individual is qualified for a position for purposes of Age Discrimination if: . she is able to meet each and every one of the employer's job requirements. b. she has held a similar position, with another business. c. an employer has failed to specify the conditions under which an applicant or employer would not be qualified. d. she is able to meet all the employer's essential job requirements with a reasonable accommodation. 12. An employer wishing to use age as a BFOQ in defending itself against an age discrimination suit, must show, among other things that: . they fall within the ambit of the US Supreme Court's ruling in Brown v. Board of Education. b. no individual above the cutoff age has ever performed the job denied the plaintiff. c. it is statistically unlikely that age is not a legitimate factor upon which to base employment decisions. d. some individuals within the excluded age group possess a disqualifying trait that cannot be ascertained except by reference to age. 13. A religious organization will generally be exempt from the prohibitions in Title VII . unless it is a religion no one has heard of. b. unless it is purely secular organization. c. except in areas where the employment is in an area of purely non-religious activities - such as running the book store or working as a janitor. d. if it is relieved of such obligations by the EEOC's Office in the Vatican. 14. True or false: From among the reasonable accommodations available to accommodate an employee's religious practices, an employer must select the most reasonable for the employee. 15. An employer's duty to accommodate the religious practices of an employee is limited by: . the concepts of reasonableness and undue hardship. b. the degree to which the religion involved is recognized. c. the 1st and 14th Amendments to the U.S. Constitution. d. the Free Exercise Clause. BUSINESS LAW QUESTIONS AND ANSWERS 1. An employee has been constructively discharged from his employment when: a. he is given constructive criticism of his prior performance in his exit interview b. he is formally terminated under circumstances favorable to the employer. c. he resigns to avoid being laid off during a slow period. d. he resigns because working conditions are so intolerable that no reasonable person should be expected to endure them. 3. An employer may legitimately forego hiring individuals of a given gender if: a. doing so would pose a great logistical and/or financial (economic) hardship b b. doing so would anger her customer base c. the employer's current employees refuse to work with an individual of a different gender d. such policy of exclusion is consistently implemented. 4. True-False: Employer grooming codes for EEs are always illegal because they allow employers to impose different standards on men and women. FALSE 5. When fewer members of a group, defined by a protected category, occur in a workforce than would reasonably be expected, on the basis of their availability in the work pool, that group is a. the victim of reverse discrimination. b. unemployable. c. the victim of illegal discrimination. d. underrepresented in the labor force. 6. True or False: The Courts will never find an employment contract unless there is a written agreement between the worker and the employer. FALSE 7. Porter seeks accommodation for a religious practice unique to the Heavenly Masters. Porter's employer has never heard of this religion. In order to determine whether Porter's demand for accommodation is truly based on religion, the employer must determine whether . the Establishment Clause of the First Amendment to the U.S. Constitution is involved. b. it is a registered religion. c. it is based on a closely held belief and whether the belief occupies the place of religion in the employee's life. d. it is based on a popularly held belief in the local community and whether that belief occupies the place of religion in the employee's life. 8. True or False: Statistically older workers are less reliable, less hard working and committed and have a higher rate of absenteeism due to health concerns. FALSE 9. True or False: If someone has no disability but others think s/he has one, that person is protected by the ADA against disability discrimination. TRUE 10. True or False: Monica, age 39, is terminated from her job. Her employer tells her that changes in the Company's customer environment have made older, more mature individuals better suited for her job selling hospital supplies to retirement communities. Regardless of whether that statement is true about the Company's market, Monica has a great basis for a claim of age discrimination. TRUE 11. An individual is qualified for a position for purposes of Age Discrimination if: . she is able to meet each and every one of the employer's job requirements. b. she has held a similar position, with another business. c. an employer has failed to specify the conditions under which an applicant or employer would not be qualified. d. she is able to meet all the employer's essential job requirements with a reasonable accommodation. 12. An employer wishing to use age as a BFOQ in defending itself against an age discrimination suit must show, among other things that: . they fall within the ambit of the US Supreme Court's ruling in Brown v. Board of Education. b. no individual above the cutoff age has ever performed the job denied the plaintiff. c. it is statistically unlikely that age is not a legitimate factor upon which to base employment decisions. d. some individuals within the excluded age group possess a disqualifying trait that cannot be ascertained except by reference to age. 13. A religious organization will generally be exempt from the prohibitions in Title VII . unless it is a religion no one has heard of. b. unless it is purely secular organization. c. except in areas where the employment is in an area of purely non-religious activities - such as running the book store or working as a janitor. d. if it is relieved of such obligations by the EEOC's Office in the Vatican. 14. True or false: From among the reasonable accommodations available to accommodate an employee's religious practices, an employer must select the most reasonable for the employee. TRUE 15. An employer's duty to accommodate the religious practices of an employee is limited by: . the concepts of reasonableness and undue hardship. b. the degree to which the religion involved is recognized. c. the 1st and 14th Amendments to the U.S. Constitution. d. the Free Exercise Clause