Question

An employer’s arbitration clause will be enforced unless the employee can show that the clause is both procedurally and substantively unconscionable.

a. True

b. False

An example of implicit bias would be where an individual has a conscious bias against persons of a particular race.

a. True

b. False

In a Title VII disparate treatment claim based on sex, the plaintiff will not prevail without proof that “but for” his sex the employer would not have taken the same adverse employment action.

a. True

b. False

An employer may require all of its employees to speak English if it can demonstrate that customers complained about employees speaking Spanish?

a. True

b. False

In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:

a.           there is an alternative practice that would have less discriminatory effects, but the employer declines to use it

b.           the employer has engaged in a pattern or practice of discrimination

c.           the difference in selection rates across protected class groups is statistically significant

d.           the four-fifth’s rule has been violated

Which of the following is a necessary element of a sexual harassment claim?

a.           the harasser intended to inflict emotional distress and embarrassment on the victim

b.           the sex of the harasser differed from the sex of the victim

c.           the harassment was unwelcome

d.           the harasser made a sexual advance or requested a sexual favor

Which of the following are medical inquiries or examinations under the ADA:

a.           asking an employee a broad question about their impairments that is likely to elicit information about a disability

b.           asking about an employee's prior workers' compensation history

c.           asking an employee's co-worker, family member, doctor, or another person about an employee's disability

d.           all of the above

Answer 1

1. A. True as the employees have the rights to if they can prove it.

2. B. Fablse as the term implicit bias justifies itself because the individual is lacking of conscious knowledge in this situation it is associated with their stereotypical thinking.

3. A. True as in these types of claim "but for" is applied to person holding membership in a protected group.

4. B. False as it is only applicable to the particular customers who want English as their preferred language so the employee handling them are required to speak English to them only.

5. A. There is an alternative practice that would have less discriminatory effects, but the employer declines to use it as plaintiff can challenge employer that the same is possible with different method or approach for both to get the job done.

6. C. The harrasment was unwelcome as it is necessary element for sexual harrasment claim.

7. A. Asking an employee a broad question about their impairments that is likely to elicit information about a disability. As employer has to gather all this information as a confidential record which is voluntarily disclosed by the employee in hiring process.

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