1. Naom, who is 30 years old, works for We Add for You Accounting. Naom has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Grumpy, Sneezy, and Guffy. She asks her boss, Simon Bolivar, about the pension plan at We Add for You. Her boss tells her that she is not entitled to that information until she is at least 60 years old. Naom also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Simon Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Naom tells him that her personal phone calls are none of his business. Simon Bolivar says that he can listen if he wants because the phones are his. Naom ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Assuming Naom quits, which of the following rights does she have under federal law to retain benefits so long as the benefits are provided to employees who are still working?

a. None

b. The right to retain the benefits for at least eighteen (18) months, if she pays for the benefits along with the allowable administrative fee

c. The right to retain the benefits for at least twelve (12) months, with the cost assumed by the employer

d. The right to retain the medical benefits indefinitely, if she pays for them along with the allowable administrative fee

e. The right to retain the benefits for at least eighteen (18) months, with the cost assumed by the employer

2. Gracie found out that she was pregnant. She worked as a waitress at Good Food and was aware that Gefen, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off work for three months when she ran her personal watercraft into a dock and broke her leg. Gracie told her employer Gefen about her pregnancy. He very angrily told her that pregnancy was completely voluntary, that he was not paying her a dime when she was off work, and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. He also said that he serves families, and he does not want the kids to ask embarrassing questions of their parents regarding Gracie's condition. Gracie was very angry and threatened to sue. Gefen told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII. The employee handbook did not address the issue. What will be the likely result if Gefen defends on the basis that customers will object to Gracie's condition?

a. Gefen will only prevail on the defense of a bona fide occupational qualification if he can prove that he has an established history of barring pregnant servers and that he did not single out Gracie.

b. Groucho will lose on the defense of a bona fide occupational qualification because he will not be able to establish that only non-pregnant employees can perform as servers.

c. If he can prove that is true, Gefen will prevail on the defense of a bona fide occupational qualification.

d. Gefen will not prevail on the defense of a bona fide occupational qualification because such a defense is available only in cases involving religion or national origin discrimination.

e. Gefen will only prevail on the defense of a bona fide occupational qualification if he can establish that Gracie was attempting to voluntarily get pregnant.

3. Starr worked at Dewey, Cheatum & Howell, a law firm, for two years. One day she sent an email to her boyfriend from her work computer. The next day, during her lunch break, she decided to go online at work and order a new dress for her date that weekend. Later that evening, after everyone else had gone home, Starr went online at work and viewed a pornographic website. The next day, Starr was reprimanded by her employer. Which of the following is true with regard to Starr's right to use her employer's computer?

a. Starr has a reasonable expectation of privacy when using her employer's computer if it was done during her lunch hours.

b. Starr has no reasonable expectation of privacy with regard to her use of her employer's computer; therefore, the employer was within its rights to reprimand her.

c. Starr has a reasonable expectation of privacy when using her employer's computer if it is after her work hours have ended. As such, her employer has no reason to reprimand her. Starr has a reasonable expectation of privacy when using her employer's computer if it was done during her lunch hours.

d Starr has a reasonable expectation of privacy when using her employer's computer if it is after her work hours have ended. As such, her employer has no reason to reprimand her.

4. Hadar who operated a hair and nail salon called "Rag Doll," had a crush on Lotem, a stylist there. He paid her no attention. Finally, Hadar told him that to get her approval of his new blow-dryer request, he needs to take her on a date and give her a kiss. Lotem reluctantly did so. When they returned to work, Hadar proceeded to make suggestive comments to Lotem in front of other employees and to request that he rub her shoulders. When she passed Lotem's station, she would caress him while he worked. Hadar also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Lotem was offended and filed a claim against Hadar for sexual harassment. Lotem asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Lotem can collect, then he wants in on the action. Lotem told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Lotem's. Robert says that while he found Hadar entertaining, in all fairness, he should be able to recover if Lotem does so. Which of the following is true regarding Robert's claim of sexual harassment?

a. Robert will be able to recover, but only if he can establish that he did not benefit by favors at work based upon Hadar's actions.

b. A recovery by Lotem does not establish that Robert should recover, because Robert would need to show that he subjectively found Hadar's conduct unwelcome.

c. He will be able to prevail, but only if he visits a psychologist.

d. He will not be able to prevail, because Hadar did not require that he take any action toward her in order to receive a work-related benefit or avoid a work-related detriment.

e. Lotem's actions would be reviewed only on an objective basis, and what Robert subjectively thought is irrelevant.

5. Dhruv owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Swapna alleges sex discrimination after she fails the test miserably and Dhruv refuses to hire her. Dhruv tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Swapna immediately sues him in federal court alleging a violation of Title VII. Dhruv, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high school and college-age young ladies attending proms and formals. Dhruv decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Dhruv runs an ad in the local paper seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Dhruv that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer and sales skills. Dhruv refuses to hire her, telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Dhruv shuts down the formal wear store. Which of the following is true involving Dhruv's plan to require computer training in high school in order to eliminate older workers?

a. He is not guilty of any violation without additional evidence of intent to discriminate.

b. He is not guilty of any violation because common sense tells us that younger people make better sales clerks.

c. He is not guilty of any violation unless he can establish through a survey that most people prefer younger sales clerks.

d. He is not guilty of any violation unless he can establish through a survey that most of the formal wear store's customers prefer younger sales clerks.

e. He is guilty of violating the Age Discrimination in Employment Act.

6. Svetlana, the owner of a hair and nail salon called "Up Sweep," had a crush on Igor, a stylist there. He paid her no attention. Finally, Svetlana told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Igor reluctantly did so. When they returned to work, Svetlana proceeded to make suggestive comments to Igor in front of other employees and to request that he rub her shoulders. When she passed Igor's station, she would caress him while he worked. Svetlana also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Igor was offended and filed a claim against Svetlana for sexual harassment. Igor asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Igor can collect, then he wants in on the action. Igor told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Igor's. Robert says that while he found Svetlana entertaining, in all fairness, he should be able to recover if Igor does so. Of which of the following types of harassment were Svetlana's caresses and suggestive statements?

a. Hostile work environment

b. Quid pro quo

c. Sexual annoyance

d. Quid pro quo and hostile work environment, but not sexual annoyance

e. Quid pro quo, hostile work environment, and sexual annoyance

7. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. What type of harassment was involved in Candy's indication to Bruce that if he wanted a new blow dryer, then he needed to take her out on a date?

a. Quid pro quo, hostile work environment, and sexual annoyance

b. Quid pro quo

c. Sexual annoyance

d. Quid pro quo and hostile work environment, but not sexual annoyance

e. Hostile work environment

8.Paul owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her. Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Penny immediately sues him in federal court alleging a violation of Title VII. Paul, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high school and college-age young ladies attending proms and formals. Paul decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Paul runs an ad in the local paper seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Paul that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer and sales skills. Paul refuses to hire her, telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Paul shuts down the formal wear store. Which of the following is true regarding Paul's test for patience?

a. Paul is entitled to test so long as the test is not designed, intended, or used to discriminate, and its credited validity references measure a psychological trait needed to perform the job.

b. Paul is prohibited from performing job testing for psychological traits although he would be allowed to test for other types of skills involving credited validity, such as word processing, so long as it could be shown that the skill was necessary for the job at issue.

c. Paul is entitled to test so long as the test is not designed, intended, or used to discriminate, and its construct validity references measure a psychological trait needed to perform the job.

d. Paul is prohibited from performing job testing for psychological traits although he would be allowed to test for other types of skills involving construct validity, such as word processing, so long as it could be shown that the skill was necessary for the job at issue.

e. Paul is prohibited by Title VII of the Civil Rights Act of 1964 from doing any testing at all.

9. Ayelet, who is 45 years old, works for We Add for You Accounting. Ayelet has worked there for a number of years and is considering quitting in order to spend more time with her quintuplets She asks her boss, Ibrahim, about the pension plan at We Add for You. Her boss tells her that she is not entitled to that information until she is at least 60 years old. Ayelet also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Ibrahim also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Ayelet tells him that her personal phone calls are none of his business. Ibrahim says that he can listen if he wants because the phones are his. Ayelet ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following is true regarding Ibrahim's statement that Ayelet is not entitled to that information until she is at least 60 years old?

a. He is correct.

b. He is incorrect, and Ayelet is entitled to a summary plan description.

c. He is incorrect, and Ayelet is entitled to an entitlement description.

d. He is incorrect, and Ayelet is entitled to a rights review description.

e. He is incorrect, and Ayelet is entitled to a plan analysis description.

10. Denise and Donna legally married each other in the state of New York. Later, when Donna got a job promotion and transfer, they moved to Georgia. Under DOMA, after the recent Supreme Court ruling, which of the following is/are true?

a. Georgia is not required to legally recognize the marriage of Denise and Donna in New York.

b. Georgia is required to legally recognize the marriage of Denise and Donna in New York.

c. Only the state of Georgia is required to recognize the marriage of Denise and Donna.

d. The marriage of Denise and Donna may not be recognized by any state.

11. Liron was surprised and pleased to find she was pregnant. She worked as a waitress at Nomads Restaurant and was aware that Groucho, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off work for three months when she ran her personal watercraft into a dock and broke her leg. Liron told her employer Groucho about her pregnancy. He very angrily told her that pregnancy was completely voluntary, that he was not paying her a dime when she was off work, and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. He also said that he serves families, and he does not want the kids to ask embarrassing questions of their parents regarding Liron's condition. Liron was very angry and threatened to sue. Groucho, who never passed the Bar, told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII. The employee handbook did not address the issue. Which of the following is true regarding Liron's entitlement to be paid for time she is medically required to be off for pregnancy?

a. Lironis not entitled to be paid because courts have ruled that while an employer cannot fire a pregnant employee based on the pregnancy, employers do not have to pay the employee for time off because pregnancy is a voluntary condition.

b. Liron is entitled to some pay because employers covered by Title VII must pay employees one-half their pay for the time they are medically required to be off work for pregnancy.

c. Liron is entitled to be paid because all employers covered by Title VII must pay employees for the time they are medically required to be off work for pregnancy.

d. Liron is not entitled to be paid because courts have ruled that employers only have to pay employees for the time they are medically required to be off for pregnancy if the employee handbook provides for such payments.

e. Liron is entitled to be paid because employers under Title VII must treat temporary disability caused by pregnancy the same as any other temporary disability, and Groucho paid other employees who were off based upon temporary disabilities.

12. Vishwajeet owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Swapna, alleges sex discrimination after she fails the test miserably and Vishwajeet refuses to hire her. Vishwajeet tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Swapna, immediately sues him in federal court alleging a violation of Title VII. Vishwajeet, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high school and college-age young ladies attending proms and formals. Vishwajeet decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Vishwajeet runs an ad in the local paper seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Vishwajeet that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer and sales skills. Vishwajeet refuses to hire her, telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Vishwajeet shuts down the formal wear store. Which of the following is true regarding Swapna,'s lawsuit against Vishwajeet in federal court?

a. Her lawsuit was properly filed because her state had no state office representing the Equal Opportunity Commission.

b. Her lawsuit was improperly filed because she did not first file with the federal Equal Employment Opportunity Commission (EEOC) and she lacked a right to sue letter.

c. Her lawsuit was improperly filed because she did not first insist on mediation.

d. Her lawsuit was properly filed regardless of whether her state had a state office representing the Equal Opportunity Commission.

e. Her lawsuit was improperly filed because she did not first insist on arbitration.

13. Preeti, who is 39 years old, works for We Add for You Accounting. Preeti has worked there for a number of years and is considering quitting in order to spend more time with her quintuplets. She asks her boss, Piyush, about the pension plan at We Add for You. Her boss tells her that she is not entitled to that information until she is at least 60 years old. Preeti also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Piyush also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Preeti tells him that her personal phone calls are none of his business. Piyush says that he can listen if he wants because the phones are his. Preeti ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following is true regarding Piyush's listening to the personal phone calls of Preeti??

a. Piyush can listen to the phone calls for as long as he wants, but only if he has a policy prohibiting the making of personal calls.

b. Piyush can listen to the phone calls for as long as he wants, so long as he is Preeti' supervisor.

c. Piyush can listen to the phone calls for as long as he wants, but only if he notifies employees first that he is going to do so.

d. Piyush is prohibited from listening to the phone calls for as long as he wants, and only limited exceptions exist for the monitoring of calls.

e. Piyush can listen to the phone calls for as long as he wants, but only if he is a sole proprietor and owns the phones himself.