Exam 33: Employment Immigration and Labor Law

After a union election campaign among the employees of Frozen Food Company, the Food Workers Union does not obtain a majority vote in the election. This most likely violates

The Americans with Disabilities Act permits employers to take adverse employment actions based on assumptions about individuals who associate with people who have disabilities.

Vero 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. Vero has had the job longer than other employees. Vero 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 Vero is hearing impaired. Wind Power acknowledges that Vero is otherwise qualified, but asserts that it "needs someone who does not have a hearing problem." Vero 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?

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file

Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of

Gino applies for a job with Hobby Company. The employer does not hire him because of his ethnicity, or national origin. This is

Under the Age Discrimination in Employment Act, if an employer offers a legitimate reason for its action, an employee's case is held to be a pretext.

The use of interviews and tests, and minimum educational requirements, to choose among a large number of applicants for job openings is prima facie employment discrimination.

The Age Discrimination in Employment Act extends to federal government employees but state employers are usually immune from age-based claims.

To avoid permitting a key employee to take family or medical leave, an employer must show that the leave would cause "substantial injury" to the employer.

A whistleblower is an employee who publicly reveals a co-worker's unsafe or illegal activity.

The laws designed to protect certain workers against discrimination are aimed at providing equal rights for all and eliminating special privileges for the few.

Bib replaces Chloe in her job at Data Market Corporation. To succeed with an age-discrimination claim against Data Market, Chloe will have to show that

The Age Discrimination in Employment Act prohibits employment discrimination on the basis of age against individuals up to forty years of age.

Lisa brings a successful suit against her employer Mold & Die Corporation for employment discrimination. Lisa may be awarded

To be eligible for unemployment compensation, a worker must be willing and able to work.

Salsa Inc. employs three hundred workers at four locations in two states. Under federal law, Salsa must provide each employee, during any twelve-month period, family or medical leave of

A worker who is dissuaded from filing a charge of discrimination by an employer's threat to change the benefits of the job has a basis for a claim of retaliation.

Most of the states and the federal government have enacted statutes to protect employees who report wrongdoing from employer retaliation.

Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that