Exam 13: civil rights and employment discrimination

Which of the following was the result in Holcomb v Iona College,the case referenced in the text involving a lawsuit by a white assistant coach of a college basketball team who alleged that he was fired because he was married to an African American woman?

Specifically set forth what courts consider in order to determine whether there is a hostile or abusive work environment.

Title VII has been successfully used to challenge English-only workplace rules.

Title VII provides that an employer may lawfully hire an individual on the basis of religion,sex,or national origin if religion,sex,or national origin is a bona fide occupational qualification.

Which of the following is generally true regarding an award of lost future earnings in discrimination cases?

A reasonable accommodation for a disabled employee is required whether or not it would impose an undue hardship on the employer.

Susan goes to work for Fashion Company,a U.S.company that has a branch in a repressive Middle Eastern country. Susan agrees to transfer to the Middle Eastern country. After working there for several months she notices that men who are less qualified are promoted to managerial jobs for which she has applied. Susan tells her supervisor,Will,that she is going to sue the company under Title VII because she is being discriminated against on the basis of her sex. He tells her to forget it because Title VII does not apply outside the U.S. He also tells her that even if he wanted to promote her,which he does not,the law in the Middle Eastern country prohibits the promotion of women into managerial positions. Susan tells him that he is nuts because she is fully protected as a U.S.citizen working for a U.S.company. Who is right and why?

What did the U.S.Supreme Court rule regarding the effect on a Title VII claim of after-acquired evidence meaning evidence found during the course of discovery in a lawsuit that an employee violated company rules?

Sneaky opened a new dress shop catering to college aged students. Sneaky advertised for sales associates but would only hire applicants who had been trained in computer skills in high school. Sally,age 50,was denied employment on the basis that although she was highly skilled in computer usage,she obtained her training after high school. Computer training was not available in Sally's high school nor was it typically available in high schools during that time period. Sally sued for age discrimination. Sneaky denied liability pointing out that his advertisement only referred to computer training. It in no way referenced an age requirement. Sneaky claimed that the fact that all his associates were younger was simply a coincidence. Which of the following is true regarding Sally's claim?

Set forth the categories of individuals classified as disabled under the Americans with Disabilities Act.

Under the Americans with Disabilities Act (ADA)a person who is only regarded as having an impairment that substantially limits one or more of that person's major life activities cannot qualify as disabled.

Under the EEOC,gender will qualify as a BFOQ where a gender-based restriction is based on

The U.S.Supreme Court has ruled that a showing of a serious effect on an employee's psychological well-being is necessary for a hostile work environment claim under Title VII.

Which of the following is true regarding the filing of a claim under Title VII?

Fact Pattern 13-1 Sam, who is age 60, was told by Big Company that he was being laid off. Sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act. Sam believed that his age was a factor in the decision to lay him off; but he really needed the money, so he signed an agreement whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age discrimination. Sam was given seven days to consider whether to enter into the agreement, and the agreement provided that it was final the date it was signed. -Refer to fact pattern 13-1. Did the agreement Sam signed comply with the Older Workers' Benefit Protection Act?

The U.S.Supreme Court ruled that sexual harassment must be committed by a member of the opposite sex in order to be actionable.

Which of the following was the result in the U.S.Supreme Court case in the text,Thompson v.North American Stainless,LP,involving whether a man could sue for retaliation under Title VII after he was fired because his fiancée had filed a complaint of discrimination against their mutual employer?

What did the U.S.Supreme Court rule in Echazabal v.Chevron USA,Inc.,in which the plaintiff sued under the Americans with Disabilities Act (ADA)after the defendant refused to allow the plaintiff to work in its refinery because of his liver disease and concerns regarding his health?

Bob,age 60,works at Big Company as an assistant manager and has been approached by his supervisor,Sue,on several occasions for a date. She makes lewd and inappropriate comments to him that are very embarrassing. Bob complained to Selina,the president of Big Company,but no action was taken. In fact,Selina told him that he should feel lucky that Sue was interested in an old guy like him and proceeded to tell several jokes involving age and sexual performance. Again,Bob was humiliated and embarrassed. Bob complained to the Equal Employment Commission regarding what he believed was inappropriate conduct involving the requests for dates,and references to sex and age. Selina was told by the Commission representative that she needed to put a stop to inappropriate behavior. A few days later,Bob was told that he was being demoted. He was replaced by a 25 year old female. What causes of action,if any,would Bob have?

Under federal law,employees may not waive their rights under the Age Discrimination in Employment Act (ADEA).