Overview of Discrimination. Raj was turned down for a promotion at StarDreck, and he believes this rejection was caused by his national origin (Raj is of Indian descent). Raj sues under Title VII (race), alleging a pretext case, where his prima facie case (PFC) is based on evidence that StarDreck instead promoted Jack Whitebread, a Caucasian with similar or lesser qualifications. StarDreck argues that Raj did not make his PFC or, in alternative, that it had some unstated legitimate motive (LM). Who wins?

Select one:

a.

StarDreck: no PFC

b.

Raj: PFC, no LM

c.

StarDreck: LM, no pretext

d.

Raj: LM, but pretext

Overview of Discrimination. Pria failed to make partner at Grabbit & Runne because the firm has a height requirement (six feet tall). This requirement is gender-neutral but results in a statistically significant underrepresentation of women in partnership. Pria sues under Title VII for disparate impact (DI) based on gender. Grabbit & Runne argues that the height requirement is essential, because the firm specializes in litigation and "size intimidates opposing counsel." Pria argues that simple training techniques can allow shorter attorneys to be equally intimidating. Who wins?

Select one:

a.

Grabbit & Runne: no PFC

b.

Pria: PFC, no LM

c.

Grabbit & Runne: LM, no pretext

d.

Pria: LM, but pretext

Hiring and Promotion. NASA has instituted an Affirmative Action Plan (AAP) using racial preferences. Howard loses out on a promotion to an African-American coworker, and he sues NASA under the 14th Amendment / Equal Protection Clause for reverse discrimination (race). What standard of review will the court apply to this public employer's AAP?

Select one:

a.

Remedies previous discrimination

b.

Addresses a manifest imbalance

c.

Strict scrutiny

d.

None of the other answers

Disability and Religion. Leonard is a member of "Up with Atheism," a group of similarly-minded atheists. In line with his beliefs, he asks RocketBoy for permission to place a small Darwin fish (a picture of a fish with legs) on his office wall. The university demotes Leonard when he fails to remove this picture. Leonard then sues under Title VII for failure to accommodate religion. Does he (probably) win?

Select one:

a.

No: no protected religious belief (PC)

b.

No: no adverse employment action (AEA)

c.

No: neither PC nor AEA

d.

Yes

Employee Leave. Leonard and Penny have adopted a new-born boy called Max. Penny and Leonard immediately request FMLA leave from the Beefcake Factory and RocketBoy, respectively. Both Leonard and Penny have been working at their employers for years without ever having taken any paid or unpaid leave. Who is entitled to this FMLA leave?

Select one:

a.

Leonard

b.

Penny

c.

Both Leonard and Penny

d.

Neither Leonard nor Penny

Wage and Hour. Pria is an attorney licensed to practice and actively practicing law in California. Her firm has her job classified as EAP exempt. Under federal law, what is the appropriate exempt status for her?

Select one:

a.

Executive

b.

Administrative

c.

Professional

d.

None of the other answers

Unions. Bernadette is trying to unionize Good Drugs, but management has been resisting. If an NLRB representation election has been set, can the employer nonetheless require employees to attend a meeting where management presents its views on unionization?

Select one:

a.

Yes

b.

Not if within 24 hours of the election

c.

Not if within 48 hours of the election

d.

Not if within 72 hours of the election

Unions. Good Drugs has unionized and Bernadette is the union representative. She is negotiating a new collective bargaining agreement (CBA) on behalf of the union membership. Which of the following is a permissive topic of bargaining?

Select one:

a.

Firm's business strategy

b.

Work schedules

c.

Safety procedures

d.

Wages

Termination. StarDreck demotes Raj and promotes Roger Whitebread (a Caucasian) without explanation. Raj thinks it was racially motivated, and he sues his employer under Title VII (race/national origin) for disparate treatment (DT) discrimination. Can Raj prevail on this claim?

Select one:

a.

No: he fails to make his prima facie case (PFC)

b.

Yes: he makes his PFC, no legitimate motive (LM)

c.

No: he makes his PFC, but the firm wins on LM

d.

Yes: he makes his PFC, the firm shows LM, Raj wins on pretext

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