1-The United States Armed forces can discriminate against all religions and religious practices to the extent that those practices are inconsistent with the required military dress code.
2-If someone is not disabled, but others believe she is, that person is not protected against discrimination.
3- The National Labor Relations Act made it an unfair labor practice to interfere with the formation of a labor union or discourage membership in a labor union.
4- Consensual sexual relationships between a supervisor and a subordinate constitute sexual harassment and would result in liability for the employer.
5.Zola is a dancer at the Silver Fox gentleman’s club. According to the ruling in Reich v. Circle C. Investments, Inc., she is an independent contractor and her employer is exempt from the FLSA.
6-Colleen is employed by Total World Fitness Club as a secretary. Recently, due to stress in her life, she has been binging on chocolate ice cream. As a result, Colleen has gained 14 lbs. Her employer has counseled her about the problem and advised her that she must lose the weight in order to conform to company standards of fitness. Colleen fails to lose the weight and is fired.
A-Colleen has a cause of action for discrimination based on the American with Disabilities Act (ADA).
B-Colleen does not have a cause of action for discrimination under the ADA because her weight does not substantially affect a major life activity.
C-Colleen has a cause of action based on her right to privacy because her employer fired her for the off-work activity of eating.
D-None of the choices are correct.
7-Andrew was employed by the Emerald City in the accounting department. David, the head of the department, stormed into Andrew’s office demanding to search the files and all records of payments made by Emerald City to Holland Construction. David accused Andrew of getting “kick backs” from Holland Construction. Andrew attempted to leave the office during the search and David closed the door and told him to stay until all of the files had been reviewed.
A-Andrew’s 4th Amendment rights have been violated because the search was per se unreasonable.
B-Andrew has a claim for defamation.
C-Andrew has a cause of action for false imprisonment.
D-Andrew has no recourse because the search was reasonable.
8-Katie Fleming is a qualified carpenter just like her father and 4 brothers. She applied for a job with Kent Construction, LLC. Katie was assigned to work on the current project. A number of her co-workers complained saying they did not want to work with a woman and would not work with a woman. The entire crew threatened to walk off the job. Katie was subsequently terminated.
A-Kent Construction is not liable for gender discrimination because of the business necessity defense.
B-Kent Construction is not liable for gender discrimination and can use BFOQ.
C-Kent Construction is liable for gender discrimination since Katie was fired because she was a woman.
D-None of the choices are correct.
9-Jason was being asked for sex by his boss, Katrina. She told him if he is nice to her, she will be nice to him, hinting about a promotion. Katrina started to call Jason at home and she insisted that Jason accompany her to lunch where she would fondle his genitals under the table. Jason eventually had sex with Katrina and he got the promotion. When he tried to end the relationship, she fired him.
A-Jason cannot file a claim for sexual harassment because he is a man.
B-Jason cannot file a claim for sexual harassment because he participated by going out to lunch with Katrina.
C-Jason can file a claim for quid pro quo sexual harassment.
D-Jason can file a claim for hostile work environment sexual harassment.
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