Week 8 - Test # 14 Monday (Jan. 4th)

Question 1

What does Title IV of ADA cover?

Answer 1

Telecommunications

Question 2

What does Title V of ADA cover?

Answer 2

Misc. Provisions, including Retaliation

Question 3

Name 3 protected classes in terms of employment discrimination.

Answer 3

race
color
sex
religion
nation of origin

Question 4

Does an employee have a right to see their personnel files?

Answer 4

No

Question 5

EEOC stands for

Answer 5

Equal
Employment
Opportunity
Commission

Question 6

A person has ___ days to file a claim with the EEOC after the adverse employment action.

Answer 6

300

Question 7

After EEOC investigates, it issues a

Answer 7

Right to Sue Letter

Question 8

After a Right to Sue Letter, you have ___ days to file suit in court.

Answer 8

90 days

Question 9

Which President pushed through passage of the Civil Rights Act?

Answer 9

Lyndon Johnson

Question 10

In the mock trial, on what date does the plaintiff believe the tort took place?

Answer 10

September 21, 2013

Question 11

In the mock trial, what is the main health issue of the defendant’s mother?

Answer 11

she had a stroke

Question 12

In the mock trial, what was scratched into the car?

Answer 12

U R A JERK

Question 13

What are the names of the defendant’s sons?

Answer 13

Sean and Colin

Question 14

Give the names of the 2 paralegals who had been regularly assigned to the plaintiff.

Answer 14

Samantha Star

Lucy Bishop

Question 15

The main federal law that deals with employment discrimination is (full name).

Answer 15

Title VII of the Civil Rights Act of 1964

Question 16

The Texas law that is analogous to Title VII of the Civil Rights Act is called ___.

Answer 16

Texas Commission on Human Rights Act,
Texas Labor Code,
Chapter 21

Question 17

ADA stands for ___ and ADEA stands for ____.

Answer 17

Americans with Disabilities

Age Discrimination on Employment Act

Question 18

You must be at least ___ years of age to be covered by ADEA.

Answer 18

40

Question 19

What are the procedural requirements for a Title II and Title III violations?

Answer 19

File with DOJ (department of justice)

Question 20

To be covered by FMLA, an employee must have worked ___ (length of time) for the employer and there must be ___ or more employees.

Answer 20

12 months

50

Question 21

What is the name of the law that covers people serving on a jury?

Answer 21

Texas
Juror
Reemployment
Act

Question 22

What is the two word phrase that defines promissory estoppel?

Answer 22

Detrimental Reliance

Question 23

Explain promissory estoppel as it relates to employment law.

Answer 23

When an employee depends on the employer to the employees detriment.
(sold house,
bought new house,
moved to new city ex. for job)

Question 24

How many breaks are required by law in an 8-hour workday?

Answer 24

zero

Question 25

_____ has a legal definition.

Answer 25

disability, not a medical definition

Question 26

How often does the law require that an employee be allowed to inspect his/her personnel file?

Answer 26

never

Question 27

May an employer lawfully ask an applicant how she will get to work?

Answer 27

yes

Question 28

May an employer lawfully ask if an applicant has ever been arrested?

Answer 28

no

Question 29

In court in an employment discrimination case, the plaintiff must first make a ____ - case.

Answer 29

prima facie

Question 30

SLNDR stands for

Answer 30

single legitimate non-discriminatory reason

Question 31

Does the law require an employer to provide you paid sick and vacation time?

Answer 31

No

Question 32

The doctrine that an employee may be fired for any reason or no reason at all, as long as no employment discrimination statute is violated, is called ___.

Answer 32

Employment at Will

Question 33

Under which branch of government are most administrative agencies, such as EEOC?

Answer 33

Executive

Question 34

The definition of disability under the ADA is ___.

Answer 34

a physical or mental impairment that substantially limits one or more major life activities (i.e. bowel, bladder, brain)

Question 35

What are the sections of the ADA called ___.

Answer 35

Titles

Question 36

How many sections does the ADA have?

Answer 36

5 Titles

Question 37

Which Title covers employment?

Answer 37

Title I

Question 38

Which Title covers places of public accommodations?

Answer 38

Title III

Question 39

What does Title II of ADA cover?

Answer 39

State and Local Government

Question 40

CBA stands for

Answer 40

Collective Bargaining Agreement

Question 41

FMLA stands for

Answer 41

Family and Medical Leave Act

Question 42

What is the name of the first law of Obama's presidency did he sign?

Answer 42

The Lilly Ledbetter Fair Pay Act

Question 43

What is the Right to Sue Letter?

Answer 43

letter says that you have "exhausted administrative remedies," which is a requirement prior to filing a civil suit against the employers.

Question 44

What does SLNDR stand for?

Answer 44

Single Legitimate Non-Discriminatory Reason (a burden of proof - defendant)

Question 45

What are the 2 ADA defenses?

Answer 45

1. Undue Burden | 2. Direct Threat

Question 46

What are the procedural requirements for a Title IV violation?

Answer 46

file with FCC (Federal Communications Commission)

Question 47

Can you be fired for being gay?

Answer 47

Yes

Question 48

What commission enforces the TCHRA?

Answer 48

TWC Civil Rights Division

Question 49

It's called ____ if you say you are firing someone because they testified against your employer, and it's against the law.

Answer 49

retaliation

Question 50

Why is ADA different from all other employment discrimination laws in terms of an employer?

Answer 50

They must make accommodations in the workplace.

Question 51

FMLA covers these and should receive 12-weeks of unpaid leave each year:

Answer 51

- birth of a child - adoption of a child - care for an immediate family member with a serious health condition - because of a serious health condition

Question 52

What did enacting The Lilly Ledbetter Fair Pay Act do?

Answer 52

It overturned Ledbetter v. Goodyear

Question 53

A person may not discriminate against an employee just because she filed a workers' comp claim is covered under ___

Answer 53

Workers' Compensation Retaliation

Question 54

Another explanation of promissory estoppel as it relates to employment law.

Answer 54

When an employee makes a promise to you and you rely on that promise to your detriment. (offered a new job in new city - so you sold your house, bought a new house, moved to new city ex. for job - employer now says sorry, I found someone that can do the job better - promissory estoppel stops an employer from doing that)

Question 55

Does the law require an employer to provide rest and meal breaks?

Answer 55

No

Question 56

___ means that you do not have to belong to a union to get employment in Texas.

Answer 56

Right to Work

Question 57

Name 5 major life activities under the ADA.

Answer 57

``` S - seeing H - hearing E - eating L - learning S - speaking ```

Question 58

If the EEOC accepts the complaint, it becomes a ____.

Answer 58

charge

Question 59

What are the steps in filing an EEOC?

Answer 59

1) 300 days to file with EEOC (per SOL) 2) EEOC accepts the case - it becomes a charge 3) EEOC will attempt conciliation to settle the case 4) EEOC will either prosecute the case or issue a Right to Sue Letter

Question 60

What caused the Fair Housing Act to get passed and what year?

Answer 60

death of MLK in 1968 not because of his death, but it moved it forward

Question 61

There are sections in the ADA, which in Federal law are called ______

Answer 61

titles

Question 62

What is the medical definition of disability?

Answer 62

There is none.

Question 63

How much paid sick leave is an employee required by law to get each year?

Answer 63

zero

Question 64

What are the 3 prongs of disability?

Answer 64

An individual who is/has - 1. a physical or mental impairment that substantially limits one or more major life activities OR 2. a record of a disability OR 3. is regarded as having a disability.

Question 65

Can you think of some physical or mental impairments?

Answer 65

- post traumatic disorder | - epilepsy

Question 66

The requirement that you file a complaint with the EEOC before you file a lawsuit is called ___.

Answer 66

exhausting all administrative remedies

Question 67

In order to be covered by Title I, what are the additional requirements?

Answer 67

in addition to meeting the definition of disability, the employee or applicant must also be otherwise qualified to perform the essential functions of the job, with or without a reasonable accommodation.

Question 68

What are the two phrases that need most discussion in regards to "Otherwise Qualified"?

Answer 68

1. "essential functions" | 2. "reasonable accommodations"

Question 69

What is the Nondiscrimination Requirements?

Answer 69

You can't exclude people with disabilities | And you have to offer things with Integrated settings

Question 70

A private cab service contracts with a public transportation company and the private cab service has a policy and therefore refuses service to an individual who is blind and uses a service animal?

Answer 70

They are a private company who has a contract with the city, which means they are covered under Title II and are required to allow the service dog.

Question 71

Title III covers what?

Answer 71

- hotels - law firm offices - restaurants - beach - movie theaters

Question 72

What is the definition of a service animal?

Answer 72

a dog who does work or performs tasks

Question 73

What are the procedural requirements for a Title I violation?

Answer 73

File with EEOC or TCHRA

Question 74

What does Title VII of the Civil Rights Act of 1964 prohibit?

Answer 74

prohibits discrimination on the basis of these protected classes: - race - color - religion - sex - national origin

Question 75

How many employees must you have to be covered by Title VII of The Civil Rights Act of 1964?

Answer 75

15 or more employees are covered under EEOC and TWC; if less than 15, you can fire anybody for any reason; otherwise you a