Business Law Questions Essay Custom Essay

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Question 1

  1. Marc Brown is a chemical engineer with a graduate degree from MIT. Mr. Brown is African American. He applied for a chemical engineering position with Kincaid Paper Company. Although he was qualified for the job, he was not offered the position. Mr. Brown happened to see the job advertised in the newspaper 2 weeks after he had been rejected.

Answer

Mr. Brown does not have a cause of action for discrimination.
Mr. Brown can offer evidence to satisfy the elements of a prima facie case.
Mr. Brown cannot offer evidence to satisfy the elements of a prima facie case.
Mr. Brown is not eligible to file a claim under Title VII.

4 points

Question 2

  1. When an employee has complained to his/her employer about racial harassment, the employer should

Answer

not investigate if there has only been one isolated incident of misconduct because one incident does not rise to the level of racial harassment.
investigate and take immediate corrective action.
avoid future communications with the employee in order to prevent a complaint with EEOC for reprisal because the employee complained about the harassment.
eliminate any future harassment problems by terminating all employees involved, including the employee that complained.

4 points

Question 3

  1. A person who brings a claim of employment discrimination under 42 U.S.C section 1981 must show that

Answer

there was a conspiracy to cause discrimination by other persons at the workplace.
that the person who discriminated was acting under color of state law.
that the discrimination occurred in connection with an employment contract.
that the discrimination was based on a disparate impact.

4 points

Question 4

  1. Nemo Gill was hired by the Spectacular Tropical Aquarium and agreed to submit any disputes arising out of his employment to binding arbitration. Nemo was fired when he became a “Rastafarian” and urged his co-workers to become vegetarians and smoke ganja. Without waiting for the results of the arbitration, Nemo filed a complaint alleging religious discrimination with the EEOC. The EEOC quickly filed a lawsuit on his behalf. Spectacular moved to have the EEOC’s lawsuit dismissed on the grounds that Nemo signed a valid arbitration agreement.

Answer

The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo signed the mandatory arbitration agreement.
The EEOC can bring a lawsuit enforcement action against Spectacular despite Nemo’s agreeing to arbitration.
The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo did not wait for the results of the arbitration.
The EEOC cannot bring a lawsuit enforcement action against Spectacular because Nemo’s urging his co-workers to smoke ganja and become vegetarians had nothing to do with his job.

4 points

Question 5

  1. The term ‘under color of state law’ refers to:

Answer

laws enacted to protect the “Rainbow Coalition.”
any discrimination complaint that is brought outside the provisions of Title VII.
state Jim Crow laws.
an action taken by a person acting on behalf of a state or local government that deprives someone else of their civil rights.

4 points

Question 6

  1. Every successful claimant in a Title VII case is eligible to receive

Answer

back pay, front pay and liquidated damages.
back pay, front pay, attorney fees and punitive damages
back pay, front pay, attorney fees, punitive damages, and compensatory damages
back pay, front pay, and compensatory damages

4 points

Question 7

  1. Sally Landon is employed by Kent Electronics, Inc. in its London facility. Kent Electronics, Inc. is a U.S. corporation. Sally is not a U.S. citizen. Sally’s job was eliminated in a recent reduction in force. She noticed that only women were laid off. She contacted EEOC in Washington, D.C. to file a claim for discrimination.

Answer

Sally’s claim will be investigated by EEOC.
Sally’s claim cannot be filed with EEOC because the discrimination did not occur in the United States.
Sally’s claim cannot be filed with EEOC because she is not a U.S. citizen and she does not live in the United States.
Sally’s claim will be investigated by EEOC, but not all remedies available to U.S. citizens will be available to Sally.

4 points

Question 8

  1. Actionable racial harassment:

Answer

must be either severe or pervasive enough to alter the conditions of employment and create an abusive working environment.
exists only where the victim is not a member of a majority race.
exists only where the victim is not a member of the race that is the majority in the workplace.
must be both severe and pervasive enough to alter the conditions of employment and create an abusive working environment.

4 points

Question 9

  1. Major Industries has a published workplace policy that reads: “Promotions to the level of supervisor and higher are limited to individuals with at least a bachelor’s degree from an accredited college or university.”

Answer

Although this is a facially neutral policy, it could be found to be discriminatory if it can be shown by statistics that it has a disparate impact on a protected group, unless Major Industries can prove a business necessity for the policy.
There is nothing facially neutral about this policy because there are lots of people who are in supervisory or higher positions who never earned a degree from a college or university.
Although this is a facially neutral policy, it could de found to be discriminatory if it can be shown by statistics that it has a disparate impact on a protected group, unless Major Industries can prove a bottom line defense.
Although this is a facially neutral policy, it could de found to be discriminatory if it can be shown by statistics that it has a disparate impact on a protected group, unless Major Industries can prove a subjective qualifications defense

4 points

Question 10

  1. Elijah Murphy studied voice, opera and Jewish liturgical music at the Southern Baptist Theological Seminary. After he graduated, he applied for a job as a cantor (i.e., professional singer who leads prayer services) at the Nashville Downtown Synagogue. The synagogue responded that he was not qualified for the position and refused to consider him for the job because he is not Jewish.

Answer

Elijah has a prima facie case of disparate treatment discrimination against the synagogue and the synagogue has no defense.
Elijah has a prima facie case of discrimination against the synagogue and the synagogue can successfully assert the ministerial exception to Title VII.
Elijah does not have a prima facie case of discrimination, so it doesn’t matter whether the synagogue can assert a defense.
Elijah has a prima facie case of discrimination against the synagogue and the synagogue can successfully assert the business necessity defense.

 

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