Share
Explore BrainMass

Employment law questions

16

Which of the following, has as its purpose, the protection of employees from wrongful denial of all types of benefits, including retirement and pension benefits?

A)
the Older Workers' Benefit Protection Act.

B)
the Employee Retirement Income Security Act.

C)
the Age Discrimination in Employment Act.

D)
the Older Workers Rights Restoration Act.

17

To prove that age was pretextual in an ADEA claim:

A)
the employer must simply show the employee's age.

B)
the employer must show that they had reasons to fire the employee other than for age.

C)
the employee simply must prove that they belong in a protected group..

D)
the employee must prove that the grounds for dismissal resulted from age considerations either directly or indirectly.

18

In determining whether an injury arose during the course and scope of employment, a court will consider:

A)
how long the employee had been an employee.

B)
the time, place, and circumstances of the injury-causing event.

C)
whether the employee was covered under medical insurance.

D)
who was at fault in bringing about the accident that resulted in the injuries for which workers' compensation benefits were sought.

19

Patrick works at Sear in the hardware department where he is regularly expected to lift items up to 60 lbs.. After slipping in the bathtub and injuring his back, he is diagnosed with a slipped disk that may or may not require surgery in 6 months. He can walk and he can stand but he just can't lift. Patrick goes to work and tells his manager, "I hurt my back and I can't do heavy lifting, but I still want to keep working for Sears."

A)
Sears may fire Patrick because he can't work.

B)
a request for accommodation requires that the employee provide suggested accommodations that would be reasonable.

C)
a request for accommodation requires that the employee specifically reference the ADA.

D)
a, b and c.

E)
none of the above.

20

Tom works in an office and has been with the company for 5 years. He is openly a gay. Everyone in the office is friendly to one another and Tom's sexuality has never been an issue. His coworkers have notice that Tom, over the past two months has experienced significant weight loss, some hair loss, and his disposition has turned solemn. When asked if he's okay by concerned coworkers, he responds, " Yeah fine, I don't want to talk about it." Tom is being given time off that is not being afforded to any other employees. His coworkers suspect a disease or illness and are concerned that he has AIDS. They approach the manager. In fact, Tom does have AIDS and the time off is an accommodation.

A)
the employer must disclose that Tom has AIDS if asked directly.

B)
the employer may not disclose that Tom has AIDS.

C)
the employer can force Tom to disclose his condition to his coworkers.

D)
AIDS is not a disability as defined by the ADA so disclosure is not an issue.

Solution Preview

Hi there!
I have suggested answers to your questions one by one.
16) There are many laws that protect employees from the overreaching of their employers. The Employee Retirement Income Security Act is designed to protect your retirement and other benefits, including insurance benefits, so the correct answer here is (B).

17) The plaintiff can establish a prima facie case by proving: (1) she is within the age group protected under the ADEA; (2) she suffered an adverse employment action or disposition; (3) she was qualified for the position either lost or not gained; and (4) a person younger than the plaintiff was selected for the position over the plaintiff. If the plaintiff establishes a prima facie case, the burden of production then switches to the employer to present evidence of a legitimate nondiscriminatory reason the adverse action was taken. If the employer is able to present a legitimate nondiscriminatory reason, ...

Solution Summary

Employment law questions are solved.

$2.19