Question 7

Anne, a waitress at a restaurant that employs 50 people, suffers severe anxiety attacks when business gets really busy at her job. As a result, she is a very ineffective waitress when the restaurant is crowded. For this reason, she is fired. If employer had assigned Anne to shifts when the restaurant was not busy, this would have irritated the other waitresses, caused significant scheduling difficulties, and appreciably increased expenses. If Anne sues the restaurant under the Americans with Disabilities Act (ADA), the restaurant's best argument would be:

Group of answer choices:

A. that accommodating Anne would cause the restaurant undue hardship.

B. that Anne's anxiety attacks are not a disability under the ADA.

C. that Anne's anxiety attacks are not a physical impairment

D. that the ability to handle stress is a BFOQ for the job of being a waitress.

Question 8

Ben, who is 45, believes he has a good faith basis to assert that he is being treated differently because of his age. Ben lives and works in Monroe County, Indiana. If Ben wants to bring a claim of age discrimination against his employer under the Age Discrimination in Employment Act, how should he first proceed?

Group of answer choices:

A. He should file a charge with the Equal Employment Opportunity Commission.

B. He should provide the Equal Employment Opportunity Commission notice and immediately file suit in Monroe County Circuit Court to preserve his claim.

C. He should file his claim in Monroe County Circuit Court.

D. He should file a charge with the Consumer Financial Protection Bureau

E. Ben should not bring a claim, because he is not positive he can establish it.

Question 9

Kara hires Brent and tells Brent that he has the authority to make purchases for Kara's company, but Kara also tells Brent that he is not to consider himself as Kara's agent. Brent thereafter makes purchases for Kara's company. Is Brent Kara's agent?

Group of answer choices:

A. Yes, because if a party's conduct indicates an agreement that one person is to act on behalf of and under the control of another, this creates an agency relationship even when the parties expressly say they do not intend to create it.

B. Yes, because Kara hired Brent and employees are always agents of their employers under all circumstances.

C. No, because Brent's authority is limited to making purchases only.

D. No, because Kara expressly said Brent was not to act as his agent.

Question 10

Eric hired Kristin to act as his sales agent in his jewelry store. Kristin worked on the sales floor and sold jewelry daily to customers. Eric authorized Kristin to sell items of jewelry up to $1,000 without checking with him but to check with him before selling any jewelry items valued over $1,000. Kristin worked on the sales floor and sold jewelry daily to customers. One day, a Megan, a regular customer, wanted to buy a necklace for $2,000. She was not aware that Kristin was not authorized to sell jewelry over $1,000. Kristin sold it to her without first checking with Eric, who was waiting on another customer across the room. When Eric learned about the sale, he was upset because the price was a mistake; it should have been marked at $4,000. Eric wants Megan to return the necklace. Is Megan required to return the necklace in this case?

Group of answer choices:

A. No, because Kristin did have apparent authority to sell that item.

B. No, because Kristin did have implied authority to sell that item.

C. Yes, because Kristin did not have implied authority to sell that item.

D. Yes, because Kristin did not have implied authority to sell that item.