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BUS/415 Final Exam — Employment Law

Business Law

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Questions (18)

Q1

An employee is fired the day after refusing his supervisor's instruction to falsify safety inspection records. The strongest theory is:

MC1 pt
A. Wrongful discharge in violation of public policy, for refusing to commit an illegal act
B. Breach of an implied contract arising from the employee handbook
C. Disparate impact discrimination under Title VII
D. No claim, because at-will employment permits termination for any reason
Q2

The employer-size threshold for Title VII and ADA coverage, and for the ADEA, respectively, is:

MC1 pt
A. 15 employees for Title VII and the ADA; 20 employees for the ADEA
B. 20 employees for Title VII and the ADA; 50 for the ADEA
C. 50 employees for all three statutes
D. 15 employees for all three statutes
Q3

At step three of the McDonnell Douglas framework, the plaintiff must show that the employer's stated reason is:

MC1 pt
A. A pretext for discrimination, with the ultimate burden of persuasion remaining on the plaintiff
B. Not supported by a business necessity justification
C. The result of a facially neutral policy with adverse impact
D. Insufficient to rebut a presumption that shifts the burden of persuasion to the employer
Q4

An employer may raise the Faragher–Ellerth affirmative defense when:

MC1 pt
A. A supervisor harassed the employee but took no tangible employment action
B. A supervisor harassed the employee and demoted her as a result
C. The employer knew of co-worker harassment and did nothing
D. The harassment was severe but the employee promptly reported it
Q5

Under Burlington Northern v. White, an adverse action for retaliation purposes is one that:

MC1 pt
A. Would dissuade a reasonable worker from making or supporting a charge of discrimination
B. Results in a reduction of pay or termination of employment
C. Constitutes a tangible employment action under Faragher–Ellerth
D. Is severe or pervasive enough to alter the conditions of employment
Q6

A salaried employee earning above the threshold spends her days performing routine data entry with no discretion over matters of significance. She is most likely:

MC1 pt
A. Non-exempt, because the administrative exemption requires the exercise of discretion and independent judgment on matters of significance
B. Exempt under the administrative exemption, since her work is office rather than manual work
C. Exempt under the professional exemption
D. Exempt solely because she is paid on a salary basis
Q7

FMLA eligibility requires that the employee have worked:

MC1 pt
A. 12 months for the employer and 1,250 hours in the preceding 12 months, at a site with 50 or more employees within 75 miles
B. 6 months for the employer and 1,000 hours in the preceding year
C. 12 consecutive months with no minimum hours requirement
D. 1,250 hours in the preceding 12 months, with no length-of-service requirement
Q8

Which is the best example of protected concerted activity under NLRA Section 7 in a non-union workplace?

MC1 pt
A. Three employees jointly emailing management to object to a new scheduling policy
B. One employee privately asking for a raise based on her own performance
C. An employee posting a personal grievance about a coworker's hygiene
D. A supervisor complaining to the owner about management compensation
Q9

Under the ADAAA, an employee whose epilepsy is fully controlled by medication:

MC1 pt
A. May still have a disability, because mitigating measures are disregarded and episodic conditions are assessed in their active state
B. Has no disability, because the condition no longer substantially limits a major life activity
C. Is covered only under the 'regarded as' prong
D. Must first exhaust FMLA leave before requesting accommodation
Q10

Where a state employment standard is more protective than the federal standard, the general rule is that:

MC1 pt
A. The more protective standard governs
B. Federal law preempts the state standard in all employment matters
C. The employer may elect which standard to apply
D. The standards are averaged
Q11

Title VII compensatory and punitive damages caps range from $50,000 to $300,000 by employer size. Which recovery falls OUTSIDE that cap?

MC1 pt
A. Back pay and front pay
B. Emotional distress damages
C. Punitive damages for reckless indifference
D. Damages for future pecuniary losses
Q12

Which factors are considered under the FLSA's economic realities test for worker classification? (Select all that apply.)

Multi2 pts
A. The degree of control the employer exercises over the work
B. The worker's opportunity for profit or loss
C. The worker's investment in facilities and equipment
D. The permanence of the working relationship
E. Whether the work is integral to the employer's business
F. The label the parties used in their written agreement
Q13

Which statements about the interaction between the FMLA and the ADA are accurate? (Select all that apply.)

Multi2 pts
A. Leave beyond the FMLA's 12 weeks may still be required as a reasonable ADA accommodation
B. A rigid policy terminating employees at exactly 12 weeks without individualized analysis creates ADA exposure
C. The same condition can trigger obligations under both statutes simultaneously
D. The ADA requires an interactive process that the FMLA does not
E. Satisfying FMLA obligations automatically discharges any ADA duty
Q14

A manager wants to terminate an employee who has performed poorly for a year. The employee filed an internal harassment complaint three weeks ago, and her personnel file contains only positive annual reviews. Identify every legal risk, and advise the manager on how to proceed.

Text6 pts
Q15

Compare disparate treatment and disparate impact analysis in full: what the plaintiff must prove, how the burden shifts, what defenses are available, and the role of intent in each.

Text5 pts
Q16

An employee with a chronic medical condition has exhausted twelve weeks of FMLA leave and requests four additional weeks. Analyze the employer's obligations under both the FMLA and the ADA, and explain what an appropriate response would look like.

Text5 pts
Q17

Design a compliance program for a 400-employee multi-state company. Identify the six most important components, explain the specific legal exposure each addresses, and explain why relying on federal law alone is insufficient.

Text6 pts
Q18

Explain why misclassifying employees as exempt or as independent contractors creates disproportionately large exposure compared with an individual discrimination claim, referencing remedies, limitations periods, and collective actions.

Text4 pts

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