Exam 33: Employment Immigration and Labor Law

Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference.

An employer can avoid liability under Title VII by showing that the employer's standards for hiring and promoting have a substantial, demonstrable relationship to realistic qualifications for the job at issue.

Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries

Northwest Energy Company is subject to mandatory workers' compensation laws in the states in which it does business. Odell 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, Odell is injured in an accident that is entirely Phelps's fault. Odell files a claim for workers' compensation. Should the claim be granted? What would be Northwest Energy's best defense against it?

Federal overtime provisions apply only after a covered employee works more than

Workers in the United States generally have less protection against sexual harassment in the workplace than workers in other countries.

The Immigration Act limits the number of legal immigrants entering the United States.

Constructive discharge occurs when an employer, to avoid conflict among workers, discharges an employee engaging in an unconventional act, such as wearing a hijab.

An employer can eliminate a worker's medical, optical, or dental insurance coverage on the voluntary termination of the worker's employment.

An employee's reasonable expectation in response to an employer's promise is key to a finding of an implied employment contract.

Berry Farm Inc. employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Farm can hire illegal immigrants

Under federal law, the definition of gender discrimination has not been expanded to include discrimination based on pregnancy.

The purpose of state workers' compensation laws is to establish an administrative process for compensating workers for

The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative. Beverage refuses to bargain with the union. This most likely violates

Discharging an employee soon after hiring with a promise of "long-term employment" may give rise to an action against the employer for fraud.

Jon, a paraplegic, applies for a broadcaster's job with a radio station. The manager says, "You meet all our requirements. But we need someone who can move around the studio without accommodation." Most likely, Jon could recover from the station under

Mica is an employee of Natural Gas Company and a member of a union of company employees. Under federal law, Mica and other union members have the right to

Retail Company is located in Seattle, Washington, where the city and the state have minimum wage laws. Retail pays its starting employees the legal minimum rate, which, among the governing laws, is

Technicians Union represents the workers of United Engineering Inc. The union and the employer bargain in good faith but are unable to reach an agreement because of genuine differences of opinion. The union may call a strike

An employer cannot discharge a worker who, in good faith, refuses to work in a high-risk area if bodily harm or death might result.