BUS/415 Unit 3 Quiz — Harassment, Retaliation, and Accommodation

Business Law

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Questions (10)

The legal standard for actionable hostile work environment harassment is that the conduct must be:

MC1 pt

A. Severe OR pervasive, and both objectively hostile to a reasonable person and subjectively perceived as hostile by the victim

B. Both severe AND pervasive, occurring over at least six months

C. Sexual in nature and directed at a member of the opposite sex

D. Accompanied by a tangible employment action such as demotion

A supervisor harasses an employee but takes no tangible employment action. To invoke the Faragher–Ellerth affirmative defense, the employer must prove:

MC1 pt

A. Both that it exercised reasonable care to prevent and correct harassment, and that the employee unreasonably failed to use its complaint procedures

B. Only that it maintained a written anti-harassment policy in the handbook

C. Only that the employee never filed an internal complaint

D. That the harassment was not severe or pervasive

An employee files an EEOC charge alleging race discrimination. The charge is ultimately found meritless, but the employer had reassigned her to a less desirable shift immediately after filing. Regarding retaliation:

MC1 pt

A. She may still prevail, because protected activity based on a reasonable good-faith belief is protected even when the underlying claim fails

B. Her retaliation claim necessarily fails once the underlying discrimination claim fails

C. A shift reassignment can never constitute an adverse action for retaliation purposes

D. Retaliation claims require proof that the employer acted with malice

Under the ADA Amendments Act of 2008, when determining whether an impairment substantially limits a major life activity, mitigating measures such as medication or prosthetics:

MC1 pt

A. Must be disregarded, with the narrow exception of ordinary eyeglasses and contact lenses

B. Must be considered, so a controlled condition is not a disability

C. Are considered only for episodic conditions in remission

D. Are relevant only to the direct threat analysis

In Groff v. DeJoy (2023), the Supreme Court held that undue hardship for religious accommodation under Title VII means:

MC1 pt

A. A substantial increased cost in relation to the conduct of the employer's particular business, rejecting the prior 'more than de minimis' standard

B. Any cost greater than a trivial or de minimis burden on the employer

C. The same significant-difficulty-or-expense standard used under the ADA

D. That religious accommodation is never required if any co-worker objects

A key difference between ADEA and Title VII claims after Gross v. FBL Financial Services is that an ADEA plaintiff must show:

MC1 pt

A. Age was the but-for cause of the adverse action, a stricter standard than Title VII's motivating-factor test

B. Age was merely one motivating factor among several

C. The employer had at least fifteen employees

D. A younger comparator was under the age of thirty

Which are requirements of a valid waiver of ADEA claims under the OWBPA? (Select all that apply.)

Multi2 pts

A. At least 21 days to consider the agreement, or 45 days in a group termination program

B. A 7-day period after signing during which the employee may revoke

C. Written advice to consult with an attorney

D. Disclosure of ages and job titles of individuals selected and not selected in a group program

E. Approval of the waiver by the EEOC before it takes effect

Under the ADA, an employer's duty when an employee requests accommodation is to:

MC1 pt

A. Engage in a good-faith interactive process to identify a reasonable accommodation, though it need not eliminate essential functions or create a new position

B. Grant the specific accommodation the employee requests in every case

C. Reassign the employee to a lower-paying vacant position as the first option

D. Require the employee to submit a complete medical history to all supervisors

Explain how employer liability for harassment differs depending on whether the harasser is a supervisor who took a tangible employment action, a supervisor who did not, or a co-worker.

Text4 pts

Q10

Define 'essential functions' and 'reasonable accommodation' under the ADA, and explain what an employer must show to establish undue hardship.

Text4 pts

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