Employment Law

Solution Preview

---

5. Jones is injured on the job and files a claim for workers compensation benefits. He is terminated for filing the claim. He had no contract for a specific term of employment. Which of the following is a correct statement of the law concerning this situation?

A._____ He would have a claim under Title VII of the Civil Rights Act.

B._____ He has no claim since he was an employee at will and there are no exceptions to that rule.

C._____ He might have a claim for wrongful termination if he can prove the public policy exception to employment at will.

D._____ His claim would be covered by the Equal Pay Act.

A._____ He would have a claim under Title VII of the Civil Rights Act.
The EEOC will hear his claim as he has been discriminated against for filing a claim under the workers compensation.

6. Your company has just instituted a voluntary affirmative action program. Your boss asks you to take a look at it before its formal presentation to all employees. You read through the plan and notice a major provision as follows:

Provision B, "Each office shall design an evaluation system for ranking candidates for appointment. The evaluation system shall use the following factors: the race of the candidate, the gender of the candidates, the national origin of the candidate, the educational level of the candidate, and the job related experience of the candidate."

With regard to Provision B:

A._____ The provision is legal, provided race, sex, and national origin are not the sole factors used in hiring.
B,._____ The provision is legal, provided the number of persons hired due to race equals the number of persons hired due to sex and national origin.

C._____ The provision is illegal, since protected traits can never be used in recruiting.

D._____ The provision is illegal, since education can never be used in recruiting.
Title VII prohibits such action. C._____ The provision is illegal, since protected traits can never be used in recruiting

7. With regard to obtaining the goals of a voluntary Affirmative Action plan, which of the following actions is consistent with court rulings (such as the Weber case) on the matter of Affirmative Action(assume that all of the persons hired in A, B, and C do help the company reach its goals).

A._____ Joe, a qualified white male, is fired specifically to create an opening for Susan, a qualified white female.

B._____ Leo, an unqualified minority, is hired for the job.

C._____ Erin, a qualified minority female, is hired instead of Michelle, a white female, who is more qualified than Erin.

D._____ None of the actions in A, B, or C would be permitted under Affirmative Action rules.

E._____ All of the actions in A, B, or C would be permitted under Affirmative Action rules.
D._____ None of the actions in A, B, or C would be permitted under Affirmative Action rules.
This ...