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EMPLOYMENT LAW EXAM Research Paper

EMPLOYMENT LAW EXAM Research Paper

Question 1 of 20 The duty of reasonable accommodation of religious practices: A. requires proof that an accommodation was actually found. B. requires an employer to violate a collective bargaining agreement if necessary to provide an accommodation. C. requires an employer to undertake a genuine search for reasonable alternatives. D. applies only if an employer is found guilty of religious discrimination. Question 2 of 20 Discrimination against a person based on any of the following could give rise to a claim for national origin discrimination under Title VII except: A. being married to a Venezuelan. B. having a parent who is Mexican. C. having the surname Patel. D. being a Somali citizen, rather than an American citizen. Question 3 of 20 Harassment based on national origin: A. can violate Title VII. B. can violate the Immigration Reform and Control Act. C. can violate both Title VII and the Immigration Reform and Control Act. D. violates neither Title VII or the Immigration Reform and Control Act. Question 4 of 20 To prove constructive discharge, a plaintiff must show that the employer deliberately made his or her working conditions: A. unfavorable. B. intolerable. C. less favorable than others. D. extremely stressful. Question 5 of 205.0 PointsThe Immigration Reform and Control Act: A. prohibits discrimination based on citizenship only when the individual has obtained U.S. citizenship. B. prohibits both disparate treatment and disparate impact discrimination. C. applies to employees working within and outside the United States. D. prohibits discrimination based on citizenship when the employee is an authorized alien. Question 6 of 20 Anya is a citizen of the Czech Republic and is in the United States on a student visa. She applies for a job with XYZ Company. She is rejected because the Company would have to incur expense and lose time in applying for a work visa for Anya. Anys rejection violates: A. Title VII. B. the Immigration Reform an Control Act. C. both Title VII and the Immigration Reform and Control Act. D. neither Title VII nor the Immigration Reform and Control Act. Question 7 of 20 Religious organizations hiring of employees of a certain religion is: A. never justified under Title VII. B. justified if the position relates to the promotion of religion. C. justified for all positions if the organization is bona fide. D. justified if the employee is given an opportunity to convert to the religion. Question 8 of 20 The ADEA contains an exception for: A. employer pension plans that have a mandatory retirement age. B. forced retirement of high-level executives at age 65. C. layoffs involving 100 or more employees. D. employers with 50 employees or less. Question 9 of 20 The strongest inference of age discrimination would be raised where a: A. 39-year-old employee is replaced by a 22-year-old employee. B. 55-year-old employee is replaced by a 50-year-old employee. C. 60-year-old employee is replaced by a 53-year-old employee. D. 58-year-old employee is replaced by a 40-year-old employee. Question 10 of 20 Damages recoverable under the ADEA include all of the following except: A. reinstatement. B. punitive damages. C. liquidated damages of two times lost wages. D. lost benefits. Question 11 of 20 An employer that needs to reduce staff by laying employees off: A. may base its selections on employees skills. B. must base its selections on seniority. C. may safely select only employees who are eligible for retirement under a retirement plan. D. must base its selections on the same criteria in each successive layoff. Question 12 of 20 ABC Company offers Mary Williams, who is 50, a severance package of pay and benefits in exchange for her agreeing to terminate her employment and signing a release of claims against the company. For the release to be valid under the Older Workers Benefit Protection Act (OWBPA): A. Mary must receive at least one months pay. B. Marys signature must be notarized. C. Mary must be given 7 days to change her mind after signing the release. D. Mary must be represented by an attorney. Question 13 of 20 To sue for discrimination claims waived by signing a release agreement and thereby challenge the release agreement under the OWBPA, an employee who has accepted severance benefits in exchange for signing the release: A. must give any money received back to the employer. B. must pay any money received to the court pending the outcome of the challenge. C. need only provide evidence of his or her ability to repay the money. D. need not repay the money to the employer. Question 14 of 20 The Americans with Disabilities Act (ADA) applies: A. only to government employers and federal contractors. B. to all employers with 15 or more employees. C. only to employers who are open to the public. D. to all employers with 50 or more employees. Question 15 of 20 The three elements of a disability under the ADA include: A. impairment, incapacitating, and major life activity. B. injury, incapacitating, and major life activity. C. impairment, substantially limits, and major life activity. D. impairment, substantially limits, and essential job function. Question 16 of 20 Major life activities for purposes of determining whether a disability exists under the ADA include all of the following except: A. working. B. voting. C. walking. D. speaking. Question 17 of 20 To prove that one is substantially limited in the major life activity of working, he or she must show he or she is: A. unable to perform his or her job. B. permanently disabled. C. unable to perform the majority of jobs. D. unable to perform a class of jobs. Question 18 of 20 The analysis under the ADA requires an employer to identify job functions that are: A. important. B. essential. C. manual. D. intellectual. Question 19 of 20 Reasonable accommodation may include: A. creating a new position. B. eliminating essential job functions. C. job restructuring. D. reassignment to a position occupied by another employee. Question 20 of 20 Determining whether an accommodation would impose an undue hardship on an employer takes into account all of the following factors except the: A. cost of the accommodation. B. financial resources of the employer. C. type of operation involved. D. accommodations already made by the employer for disabled workers.

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