Legal protection against discrimination 

1. Legal protection against discrimination based on sexual orientation is found in:
a. Title VII of the Civil Rights Act
b. statutes in about a dozen states
c. the U.S. Constitution, under which public employers must show that a “compelling governmental interest” is served by the discrimination
d. Executive Order 11246
e. all of the above

2. “Hopalong” Jones was a cowboy working on a cattle ranch ‘out west’. He has worked at the ranch for three years and done an excellent job. He is also a two time bull riding champion at the state rodeo competition. He is fired when he admits to being gay.
a. “Hopalong” is protected under the protected sex classification under Title VII
b. since being a cowboy is such a macho job, being heterosexual is considered a
i. BFOQ
c. sexual orientation is a protected class in some states but not in others
d. “Hopalong” has no federal or state protection regarding his sexual orientation

3. Under the FMLA, employees are entitled to:
a. have all benefits maintained under the same conditions as if the employee had not taken leave
b. have only health benefits maintained under the same conditions as if the employee had not taken leave
c. be restored to the exact same position they left if they are deemed a “key employee”
d. a minimum of ½ salary during their leave

4. Under the FMLA:
a. employers may require that any paid leave available to an employee be used and counted toward an employee’s FMLA leave
b. employers may require that the employee stay on leave longer than they need if it satisfies an administrative purpose or convenience for the employer
c. employers may contact the employee at home by phone or e-mail with company question but cannot require the employee to physically come to the premises
d. during a valid leave, the employee is protected or shielded from layoffs or termination that would have occurred anyway
e. none of the above

5. Which of the following is necessary to establish the existence of a disability under the ADA?
a. having a physical basis for one’s impairment
b. being diagnosed with an impairment that is included on the ADA’s list of recognized disabilities
c. receiving regular medical treatment for one’s condition
d. all of the above
e. none of the above

6. In order to conclude that a proposed accommodation of disability would impose undue hardship on an employer, it must be shown that:
a. the proposed accommodation would not be a reasonable one
b. the cost of the accommodation exceeds the benefits it would produce
c. the cost exceeds the general $2000 threshold specified in the ADA
d. a and c
e. none of the above

7. Which of the following is part of the “affirmative defense” available to employers in certain hostile environment cases
a. the employer exercised reasonable care to prevent and correct promptly any harassment
b. the employer knew or should have known about the harassment
c. the employee failed to take advantage of preventive or corrective measures provided by the employer
d. a and c
e. b and c

8. Employers are vicariously liable for harassment when:
a. a hostile environment is created by a top official
b. harassment by a supervisor results in a tangible employment action
c. a supervisor creates a hostile environment and the employer does not have a sexual harassment policy or reporting procedure
d. all of the above
e. none of the above

9. Which of the following is true regarding the role of conduct outside of the workplace in harassment cases?
a. employers cannot be held liable based on harassing conduct that occurs outside of the workplace
b. the sexual activities of persons who allege harassment will be examined in order to determine whether the treatment received was unwelcome
c. the marital statuses of the plaintiff and the alleged harasser will be taken into account in determining whether harassment occurred
d. all of the above
e. none of the above

10. Which of the following would not be considered a concerted activity?
a. members of a union that meet to discuss problems with working conditions at their workplace
b. employees who are not members of a union that meet to discuss problems with working conditions at their workplace
c. a single employee that writes to a supervisor complaining about the refusal to grant her vacation time for the exact period of time she requested
d. a single employee that writes to a supervisor complaining about the frequently malfunctioning air conditioning and extreme indoor heat at an assembly plant
e. c and d