Questions and Ansers for MBA6600

¶ … IRS' three areas (categories) of determination of whether someone is hired as an IC or EE.:

Behavioral- Does the company control or have the right to control what the worker does and how the worker does his or her job?

Financial- Are the business aspects of the worker's job controlled by the payer?

Type of relationship- Are there written contracts or employee type benefits

State two reasons it may be advantageous for an Employer to try and classify someone who does work for them as an Independent Contractor rather than as an employee:

___Can be cheaper for the employer

3.___Less paperwork and oversight required

State two reasons it may be advantageous for an Employer to try and classify someone who does work for them as an EMPLOYEE Independent Contractor:

4.___Less paperwork and oversight required

5.___Less responsibility for the employer if a negative impact occurs.

6-9. Title Vll prohibits employers from discriminating of basis of (List FOUR):

6.___hiring

7.___firing

8.___promotion

9.___training

10. Generally, how long does a private employee have to file a claim with EEOC or be barred from doing so?___180 days

11-14. During the interview Linda had with Leslie Accounting Firm, Gale was first asked a series of questions. Are any of these questions illegal? State the controlling appropriate law if you feel it has the potential to be illegal and why:

11. Her age: Asking a person's age specifically is illegal. However asking if a person can produce proof that they are 18 years of age is not illegal.

12. Whether she had any children: This question is illegal. It is unlawful to deny work to an individual if they are planning to have, or do have children. Women in particular are often discriminated against, due to their time constraints.

13. What church she belonged to: This is illegal. Employers may want to look into your lifestyle to see how your life will interfere with work. However, asking a question about a persons religion is illegal.

14. What her husband did for a living: Asking a person's marital status is illegal. Also, if the candidate is female, it is illegal to ask for sexual orientation

E. Why did she appear to be limping: It is illegal to ask about a disability unless you are making a reasonable accommodations for the candidate or employee.

15. To be legally validated, an employer must show that the eligibility test is job related and consistent with: ___Applicable laws and regulations

16. Preemployment tests should not be for ___:

a. finding the best individual for a position

b. making sure the individual has no problems that would interfere with job duties.

c. general computer skills unrelated to the job sought

d. all of the above are permissible tests

17-18. List two of the elements of a fair discipline policy:

Must be consistent for all employees irrespective of race and sexual orientation

Giving the employee notice that there is a problem

19. List one of the factors used to determine "availability" in affirmative action cases:

There is a certain percentage of African-American candidates that are applying or looking for the particular job.

20. What percent of EEOC claims are reverse discrimination complaints?

A. 3

B. 5

C. 10

D. 25

21. What is the monetary floor an employer/federal government contractor must meet in order to have Executive Order 11246 imposed?

A. $5,000+

B. $10,000+

C. $20,000+

D. $30,000+

22. White males hold what percent of the senior management jobs?

23. Your professor as well as the text argued the most important reason to maintain a diverse workforce was what?

Connection with the customer

Motivation

Innovation

Quality improvement

24-25. Briefly explain difference between Disparate Treatment and Disparate Impact:

Disparate treatment is defined by the United States Supreme Court as discrimination in which "the employer simply treats some people less favorably than others because of their race, color, religion, sex, or national origin." Whether or not an employer can be found liable "depends on whether the protected trait ... actually motivated the employer's decision

Disparate impact focuses not on discriminatory intent, as disparate treatment does, but instead on discriminatory consequences. Disparate impact involves "employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than another and cannot be justified by business necessity ... Proof of discriminatory motive, we have held, is not required under a disparate-impact theory.

26-27. It is discovered that, at a health club, the owner has been putting a notation on the application of black membership applicants that reads "DNWAM," which means, "do not want as member." In addition, the black membership applicants are charged higher rates for the club fee, and are much less likely to be financed, as other, non-black applicants are.

26. Can the black membership applicants bring a successful action under Title VII?___YES

27. Why or why not?

Price discrimination

28-29. Provide your own hypothetical example of an employment practice that could have a Disparate Impact on a particular race.

Affirmative impact could negative impact a race other than African-American who is more qualified for the position.

30. Women earn about ___78%___ percent of men's pay

31. XYZ corporation has a policy that prohibits men from wearing any type of earring, yet allows its' female employees to wear virtually all types of earrings. This is illegal gender discrimination and covered under Title VII

a. True

b. False

32. FMLA guarantees employees who have been on the job at least a year up to ___ weeks of paid leave per year for the birth of a child.

a. 4

b. 6

c. 12

d. None of the above

33-34. Provide your own hypothetical of a company's gender discrimination policy that would be a legitimate BFOQ

In advertising, a manufacturer of men's clothing may lawfully advertise for male models.

35. Could consensual sexual activity ever be a violation of Title VII?

a. Yes

b. No

36-37. Fill in blank by answering whether this is most likely either "Quid Pro Quo" or Hostile Work Environment":

36. Workers often tell sexual jokes in break room.

___Hostile work environment

37. Boss tells employee if she joins him for dinner and drinks it will greatly help her chances in earning the promotion:

___Quid Pro Quo

38. An email containing pictures of bikini-clad females is forwarded around the office.

___Hostile Work Envrionement

39-50. Discuss the tension between the principles of the free market and regulation of the employment relationship by a) briefly describing the theories and how they differ; and, b) your own personal view(s) as to the best approach and whether the current legal requirements on employers are over or under burdensome. Why or why not?