What is the doctrine of constructive discharge?

• When conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit

• When an employee is creating such a harsh and unhealthy environment for other employees that management is forced to terminate him or her

• When an employer helps a discharged employee locate new employment

• When an employer needs to terminate an employee due to changing business plans and strategy

An employer may claim that 50 percent of employees are nonwhite minorities or women. However, if the minority employees or women are concentrated in low-paying positions, and all the white employees hold high-paying managerial positions, this would be best described as ________.

• Pattern and practice discrimination

• Disparate treatment

• Discriminatory intent

• Practice intent

When an employer’s facially neutral procedures, policies, or practices are “not job-related and consistent with a business necessity” and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class, they are said to have __________________.

• Disparate impact

• Adverse treatment

• Intentional racism

• Disparate treatment

.

Which of the following is always involved in a case of sexual harassment?

• Request for sexual favor

Gender harassment

• Sexual motive

• Sexual behavior

Of the following classifications of workers, which represents the smallest obligation for the employer?

• Employee

• Independent contractor

• Union worker

• Both independent contractor and employee

____________ prohibits termination for other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute.

• Vicarious liability

• The Montana Wrongful Discharge from Employment Act

• Stare decisis

• The National Labor Relations Act

In the private employer arena, an employee would have to look to the public policy exceptions and to the _____________ to determine if a case for retaliatory discharge is available.

• Title VII

• Equal Employment Opportunity Commission

• National Labor Relations Act

• At-will doctrine

In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid liability for supervisor harassment by proving affirmatively that _________.

• The employer did not have the resources to solve the issue

• The employee’s claim did not seem urgent enough to warrant further investigation

• The employee in question is not favored among employees and was not taken seriously

• The employer exercised reasonable care to prevent and correct the harassment through training and policy enforcement

Which of the following is the primary effect of the Equal Employment Opportunity Act?

• To clarify the breadth of Title VII restrictions

• To allow litigation against employers who break Title VII rules

• To prohibit discrimination in hiring practices

• To allow the EEOC to pursue its own litigation to enforce Title VII

Which of the following is not an element of a prima facie case for gender discrimination?

• A person of the same gender received favorable employment action, or the employer continues to look for applicants for the position.

• The employee is qualified for the position.

• The employee belongs to the protected class.

• The employee suffers some adverse employment action.