Case of discrimination is established in court

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Reference no: EM132289540

1. If a prima facie case of discrimination is established in court, which of the following happens next?

The employee loses the case as there is no evidence of discrimination

The employer loses the case as there is evidence of discrimination

The burden of proof shifts from the employee to the employer to provide a defense

The burden of proof shifts from the employer to the employee to show that the given reason for the discriminatory action was merely a pretext

2. You are the manager of the creative services team for a small printing company of 25 employees. Six months ago, you hired a 21 year old employee named Martin. Many customers have expressed surprise when meeting him because of his age. One day, you decide that you can't risk any business over this and you decide to fire Martin.

What federal law did you violate by firing Martin?

Title VII of the Civil Rights Act of 1964

the Age Discrimination in Employment Act

The Fair Labor Standards Act

No federal laws were violated

3. As an HR manager, you have an employee approach you to explain that he has injured his hand outside of work. The employee presents medical documentation stating that he cannot wear his protective gloves due to the nature of the injury. This employee's job is primarily comprised of working with heavy machinery that cannot be operated without protective gloves. He will be able to wear his gloves in an estimated time of three months. What argument would support the idea that this employee may be legally fired?

Wearing safety gloves does not constitute adverse impact

There is no legally sound argument for firing the employee

The employee did not establish a prima facie case of disability

No reasonable accommodation exists to allow him to perform the essential tasks of his job

4. Disclaimers are often included in employee handbooks beaus of the _______ exception to the employment-at-will doctrine.

Public policy

Implied contract

Good faith covenant

Public sector employee

5. For which type of sexual harassment may employers NOT use an affirmative defense?

Hostile work environment by employees

Hostile work environment by non-employees

Quid pro quo

Employers may use an affirmative defense for all of the above

Reference no: EM132289540

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