Harassment. There has been some "good-natured" hazing of Raj at StarDreck: the company president and his supervisor have all been making derogatory jokes aimed at persons of Indian descent, and Raj is seriously pissed off. He sues under Title VII (race) for hostile work environment (HWE) harassment. StarDreck argues that it has excellent anti-harassment policies and procedures which Raj unreasonably failed to use. Raj responds that StarDreck neither distributed the policies nor monitored his supervisor. If Raj proves this, can StarDreck avoid vicarious liability?

Select one:

a.

Yes, as to the conduct of its president

b.

Yes, as to the conduct of Raj's supervisor

c.

Yes, as to the conduct both of its president and Raj's supervisor

d.

No

Disability and Religion. Sheldon has been moonlighting as an exotic dancer at the Tarzan Club, but job-related stress has been taking its toll. Sheldon has bipolar disorder and while he is on medication, the medication has been increasingly less effective. He requests a modified work schedule as an accommodation under the ADA. Can Sheldon make his prima facie case (PFC)?

Select one:

a.

No: he is not disabled

b.

No: he is not qualified

c.

No: there is no accommodation possible

d.

Yes

Employee Leave. Leonard occasionally suffers from acute, debilitating asthma, and he wants to request FMLA leave. Assuming he is an eligible employee with leave time still available, which of the following is NOT available to Leonard?

Select one:

a.

Accrual of paid time off

b.

Continued maintenance of health insurance

c.

Job restoration

d.

Unpaid leave (up to 12 work weeks)

Wage and Hour. Penny (a non-exempt employee) customarily and regularly works a 40 hour workweek at the Beefcake Factory as wait staff. This last week was rough. In addition to working her 40 hours, she had to take sexual harassment training course, required by her employer, which ran for another 4 hours. She also had to stay at the restaurant for another 2 hours after work, while she waited for her ride home. Under federal law, is Penny entitled to overtime?

Select one:

a.

No

b.

Yes: 150% pay for 2 hours

c.

Yes: 150% pay for 4 hours

d.

Yes: 150% pay for 6 hours

Benefits. Good Drugs contributes towards a 401(k) plan for qualified employees who choose to participate, matching employee contributions up to a specified level. If Good Drugs uses "gradual vesting," when - after how many years of service - will Bernadette's contributions vest?

Select one:

a.

Hers vest immediately; her employer's vest in 5 years

b.

Hers vest immediately; her employer's vest in 7 years

c.

Hers vest in 5 years; her employer's vest in 5 years

d.

Hers vest in 7 years; her employer's vest in 7 years

Termination. Raj has had it with StarDreck and leaves to join Howard over at NASA, where Raj is a staff astronomer. One day he is arrested at an Antifascist rally (don't ask), where he was innocently storming NASA offices. NASA promptly fires him for engaging in unlawful activity. He sues his employer under Title VII (race) for retaliation. Can Raj prevail on his claim?

Select one:

a.

No: no constitutionally protected speech (Speech)

b.

No: no termination for engaging in Speech

c.

No: employer justification for termination

d.

Yes