Employment Law Exam 3

Employers should ensure that their religious & nonreligious employees are protected from harassment/unwanted approaches

Under what circumstances does an employer have to accommodate an employee’s religious conflict?

Jim (age 50) was let go due to RIF. Weeks later, Jim saw his role filled by younger colleagues. What can be proven?

Which is true of ADEA?

Discrimination of the dominant or majority group

The deadline to file a complaint to the EEOC is 180 days from when the discrimination occurred

Unions must accommodate religion(s) unless it causes undue hardship on the union or it violates the Establishment Clause

Seniority is an employer defense under disparate treatment

An employer can rebut a prima facie case of age discrminiation by identifying an ____ under ADEA

ADEA applies to each of the following except:

A political group qualifies as a religion

For waivers: Employee must be given a period of __ days to consider signing, and an additional _ to revoke the signature

Under the ADA, employers are not expected to accommodate employees by eliminating an essential function of the job

The duty to accommodate only applies to religious practices, not religious beliefs.

Employee may provide pretext for employer actions under disparate treament

A woman was forced to attend company prayer meetings & be baptized and walked through praying coworkers

According to the EEOC, the disability must have originated before age 18

According to the EEOC, anyone with an intellectual disability as anyone with an IQ of below...

___ is not the true reason for the action; there was some underlying motivation that the employer has not admitted

What are some defenses that fall under the RFOA Defense?

Some state discrimintation laws differ than the ADEA in that they offer:

Each of the following are factors to establish whether reasonable accommodations were sought EXCEPT

If you are an employer and someone brings forth a claim under ADEA, what could your response be?

Under the ADEA how long must employers maintain specific information for each employee and applicant?

Essential functions of a position are tasks that are _, not marginal, to the fulfillment of the position’s objectives

Under what conditions is the employer free from liability? (For Religious accomodation)

The ADEA permits younger employees to pursue reverse discrimination for a decision made in favor of an older employee

What is the second step in establishing a prima facie case under ADEA?

The business necessity defense requires the employer to demonstrate all of the following except:

Pregnant women qualify for leave under FMLA, but normal circumstances of pregnancy are considered disabilities under ADA

Which case was it?: Claimed that older women aren’t included in anything & “women over 55 shouldn't be working."

When an employer discovers that there is a conflict b/w the employer’s policy & an employee’s religion...

For every waiver to be “Knowing and voluntary,” it must do/be each of the following EXCEPT:

Who determines what qualifies as a religion?

There is not an absolute prohibition against discrimination on the basis of...

Under the ADA, employers are required to provide accommodations such as a hearing aid

Interactive process for reasonable accommodations is a requirement of interaction that includes:

An accomodation is reasonable if it does not place an undue burden or hardship on the employer

Jim did an age discrimination claim. His employer demoted him. What do you make of this situation?

Which of these is considered a religion under Title VII?

Is reverse discrimination applicable in the ADEA?

The BFOQ defense ____ in disability discrimination cases

When a claim is pretextual, it means that it is the true reason for an action, that there is no underlying motivation

For interactive process, the burden is on who to make a request for the accommodation(s)?

Reasonableness of the accommodation may be determined by looking to:

Has a primary effect that neither inhibits nor advances religion & avoids excessive govt entanglement with religion

Joe S. is 50 y/o & works @ GE & feels he has been discriminated against & would like to file a complaint. He can:

Employees can attempt to persuade fellow employees of the correctness of their religious views (until consent is gone)

In determining the reasonableness of the employment practice, the courts will look to which of the following?

ADA applies to businesses with __ or more employees as opposed to FMLA’s __ or more employees

To determine whether a particular function is essential, the court considered which of the following?

Under ADEA, older workers can pursue a claim even if another older employee is discriminated against