Exam 18: Employment Law

Once a plaintiff succeeds in proving discrimination, the burden shifts to the employer to justify the discriminatory practice.

Refer to Fact Pattern 18-2. To succeed with a claim against Banquet under the Americans with Disabilities Act, Artur will have to show that

The Americans with Disabilities Act requires that employers accommodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work​

Workers who have voluntarily left their jobs are not eligible for unemployment compensation.

Under the ADA, employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship.

Aisha is an employee at Bento Food Mart. Aisha is called for jury duty and as a result cannot work her scheduled shift. Bento fires Aisha. She successfully sues Bento for reinstatement. With respect to the employment-at-will doctrine, this is

Muriel applies for a job with Northern States Oil Company. Northern States does not hire Muriel because of her ethnicity, or national origin. This is

Lingerie Closet, a women's clothing store, employs female attendants to assist customers in the dressing rooms. Mark, a forty-one-year-old male, applies for an attendant's job, but is not hired. In Mark's suit against Lingerie Closet for employment discrimination under Title VII, the store has

Emylee, an employee of Farm Supplies, Inc., files a sexual-harassment suit against her employer, alleging a pattern of sexual harassment by her supervisor Gowan. Farm Supplies may be liable for hostile environment harassment if it

Veronica is a repairperson for Wind Power Company. The job requires traveling to remote areas to make repairs to windmills, transmission towers, and power stations under any conditions. Veronica has had the job longer than other employees. Veronica applies for a promotion to a supervisory position that requires constant communication with others in the field. Wind Power rejects the application on the ground that Veronica is hearing impaired and she has requested a sign interpreter as an accommodation. Wind Power acknowledges that Veronica is otherwise qualified, but asserts that it "needs someone who does not have a hearing problem." Veronica files a suit against Wind Power under the Americans with Disabilities Act. What is the issue, and what are the relevant considerations on which its resolution depends?

Under the ADA, employers are not required to modify their job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.

Northwest Energy Company is subject to mandatory workers' compensation laws in the states in which it does business. Odele and Phelps work for Northwest Energy as part of a crew that travels to remote locations to repair broken pumps and other damaged equipment. At a distant site, Odele is injured in an accident that is entirely Phelps's fault. Odele files a claim for workers' compensation. Should the claim be granted? What would be Northwest Energy's best defense against it?​

Federal law enables employees to continue health-care coverage after their jobs have been terminated.

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover

Title VII does not prohibit discrimination on the basis of religion.

Whistleblowing occurs when an employer signals the end of a workday by sounding a buzzer, ringing a bell, or otherwise "blowing the whistle "​

Ester is a current employee of Fiber Optics, Inc. Gage, a former Fiber Optics employee, is currently unemployed. To collect unemployment compensation, Gage must

Leon, Mia, Nestor, and Orina are employees of different-sized employers in different industries. Under the Fair Labor Standards Act, all employees in covered industries must be paid per hour

FasTite Tool Company employs workers, including Gina, at six locations in two states. FasTite's discharge of Gina in conflict of the terms of an implied employment contract may result in

Mei-Ling, Norberto, and Oki apply to work for Poultry Processing, Inc. Poultry Processing must verify the identity of