Flag question: Question 18

Joseph worked for XJS Manufacturing for seven years with no incident. During a particularly stressful evening, when Joseph was going through a nasty divorce, he violated a court order and was arrested, but managed to post a bond. When Joseph showed up for work the next morning, his supervisor Bruce told Joseph in the break room with a few others around, "We have to lay you off now, but you can have your job back once the case is over, including any back pay or benefits." Joseph thanked Bruce. When Joseph's case was over, he came back to work but was told by Bruce he was no longer needed and was escorted by security off the premises. Joseph has the required elements to sue Jameson Enterprises claiming wrongful discharge based promissory estoppel.

Group of answer choices

1. True

B. False

Flag question: Question 19

XJS Manufacturing Co. in Detroit, Michigan employs a total of 50 full-time employees. Recently the board voted to close its Detroit plant and move all operations to Singapore. Under the Worker Adjustment and Retraining Notification Act, XJS is required to give 60 days advance notice to a union official.

Group of answer choices

1. True
2. False

Flag question: Question 20

American Jet Enterprises, Inc. a regional jet service in the northwest United States, advertises for a "stewardess" on one of its routes. Samuel applies but doesn't get the job even though he has ten years experience. Instead the job goes to Samantha who has no experience. Samuel may have a disparate impact claim.

Group of answer choices

1. True
2. False

Flag question: Question 21

An employment relationship based on a(n) ____________ is an employment relationship that would have been at-will, had the employer not said or done something that insinuated the existence of a contract.

Group of answer choices

1. collective bargaining agreement
2. implied contract
3. explicit contract
4. good faith and fair dealing agreement

Flag question: Question 22

A(n) ____________ sexual harassment occurs when a ____________ requires that his secretary trade sexual favors for a job promotion.

Group of answer choices

1. business necessity; supervisor
2. hostile environment; CEO
3. quid pro quo; supervisor
4. affirmative action; supervisor

Flag question: Question 23

Miguel lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Miguel applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer:

Group of answer choices

1. might be engaged in disparate-harm discrimination.
2. might have violated the Americans with Disabilities Act (ADA).
3. might be engaged in disparate-impact discrimination.
4. has almost certainly done nothing wrong.

Flag question: Question 24

The ADA forbids discrimination on the basis of a disability if the disabled individual can do the essential functions of the job with "reasonable accommodations."

Group of answer choices

1. True
2. False

Flag question: Question 25

Thomas Terrific, aged 59 years, and other employees were terminated by Northwest Power, Inc. due to corporate "downsizing". All of the employees who were laid off as a result of the closing were promised preferential treatment for other jobs at Time, Inc. Terrific applied for more than 30 of these positions, but he was never rehired. Other employees who were much younger than Terrificwere hired. Most of the time, the reason given for his rejection was that he was overqualified. Terrific decides to sue. If you were advising Terrific, which course of action would you suggest?

Group of answer choices

1. Register a claim with the EEOC based on an ADEA claim.
2. Sue Northwest under an ADEA claim.
3. Sue Northwest under an ADA claim.
4. Sue Northwest under a Title VII claim.