Question
true or false 1. The All or Substantially All test comes from the 5th Circuit case of Weeks v. Southern Bell Tel. & Tel. Co.
true or false
1. The "All or Substantially All" test comes from the 5th Circuit case of Weeks v. Southern Bell Tel. & Tel. Co.
2. The extra costs of employing members of one sex can justify refusing to hire that sex, even if the costs would threaten the survival of the employer's business.
3. To recognize a BFOQ for jobs requiring multiple abilities, some sex-linked and some sex-neutral, the sex-linked aspects of the job must predominate. Only then will an employer have satisfied Weeks' requirement that sex be so essential to successful job performance that a member of the opposite sex could not perform the job
4. Justice Scalia's opinion for the Court in Onacle concludes that membership in the same protected category as the harasser (there, men harassing other men) is not an absolute defense to harassment.
5. Under Harris and Onacle, in order to establish a sex-based harassment claim, a plaintiff must prove: Severe or pervasive conduct or comments directed at the plaintiff because of his/her membership in a protected category where the conduct/comments are sufficiently severe or pervasive to alter the conditions of employment and are both subjectively and objectively offensive.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started