BULW 3320 Final Exam Questions with
Complete Answers
Which of the following is an element of a prima facie case of failure to reasonably
accommodate religion?
a. that a specific reasonable accommodation was requested by the plaintiff
b. that a conflict exists between a sincere religious belief or practice and an
employment requirement
c. that the requested accommodation would not impose undue hardship - ANSWER-
b. that a conflict exists between a sincere religious belief or practice and an
employment requirement
A clerical employee who has a special gift for languages is also disabled, and in a
wheelchair. You have previously made his work area accessible, but he is now
asking for a special accommodation - that you create a position for him in which he
can use his language skills in translations, and not in clerical work. Which of the
following statements is true?
a. The request is a reasonable one, and you should try to accommodate it
b. The request is not a reasonable one, so you don't have to accommodate it
c. There is no requirement under the ADA that an employer create a position for an
employee who is disabled - ANSWER-c. There is no requirement under the ADA that
an employer create a position for an employee who is disabled
Regarding an employer's obligation to accommodate disability and religion, it can be
said that:
a. the obligation to accommodate in these areas is consistent with the employer's
obligation to accommodate in other areas of the employment relationship
b. the obligation to accommodate in the areas of disability and religion is unique to
those areas of the employment relationship
c. the obligation to accommodate is voluntary, except for federal employers
d. both the obligation to accommodate in the areas of disability and religion is unique
to those areas of the employment relationship and the obligation to accommodate is
voluntary, except for federal employers only - ANSWER-b. the obligation to
,accommodate in the areas of disability and religion is unique to those areas of the
employment relationship
As the Assistant Human Resources Manager, you have access to the employment
files of all of the employees, including management. You have inadvertently learned
that the Vice President of Sales has tested positive for the HIV virus. You know that
he is married, but doubt that he's told his wife. What should you do?
a. call his wife, and tell her that you regret you must give her some bad news; then,
simply tell her
b. call his wife, but ask to come and see her in person; this is not the sort of news
that one should deliver by telephone
c. talk to the Human Resources Manager, and ask her advice
d. nothing - ANSWER-d. nothing
The escalator principle is a doctrine that permits employees absent under the FMLA
to be promoted to the positions they would have obtained if not absent.
a. True
b. False - ANSWER-False
Under the some circumstances, employers can refuse to restore key employees to
their previous positions pursuant to the Family and Medical Leave Act.
a. True
b. False - ANSWER-True
"Serious health conditions" include:
a. pregnancy
b. all conditions that require hospitalization
c. all conditions that require treatment by a health care provider
d. all of these - ANSWER-b. all conditions that require hospitalization
An employee who had taken periods of FMLA leave over a two year period was
terminated for poor attendance because of those absences. She brings suit under
the FMLA. What should the court rule?
a. the employer did not violate the FMLA because the employee was granted leave
b. the employer did not violate the FMLA because she was terminated for her
absences and not for having requested or taken FMLA leave
, c. the employer violated the FMLA because all employees become eligible for up to
12 weeks of leave at the start of each new calendar year; "rolling" calendars are
illegal
d. the employer violated the FMLA because the employee was terminated based on
absences that qualified as FMLA leave - ANSWER-d. the employer violated the
FMLA because the employee was terminated based on absences that qualified as
FMLA leave
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
requires that:
a. all persons returning from military service must be reemployed
b. employers must attempt to reinstate persons returning from military service into
the positions that they would have attained absent service, including any promotions
c. employers continue to provide at least partial pay to employees serving in the
military for up to 24 months - ANSWER-b. employers must attempt to reinstate
persons returning from military service into the positions that they would have
attained absent service, including any promotions
"Hopalong" Jones was a cowboy working on a cattle ranch out west. He has worked
at the ranch for three years and done an excellent job. He is also a two time bull
riding champion at the state rodeo competition. He is fired when he admits to being
gay.
a. Hopalong is protected under the protected sex classification under Title VII
b. since being a cowboy is such a macho job, being heterosexual is considered a
BFOQ
c. sexual orientation is a protected class in some states but not in others
d. Hopalong has no federal or state protection regarding his sexual orientation -
ANSWER-c. sexual orientation is a protected class in some states but not in others
The federal Jury System Improvements Act:
a. protects persons who serve on federal juries from discharge, intimidation or
coercion by their employers because of their jury service
b. applies a Title VII approach to selection of jurors
c. reduces the number of jurors on a standard jury from 12 to 6
d. requires that employers pay their employees at their regular rate of pay for the
time spent serving on a federal jury - ANSWER-a. protects persons who serve on
federal juries from discharge, intimidation or coercion by their employers because of
their jury service
Complete Answers
Which of the following is an element of a prima facie case of failure to reasonably
accommodate religion?
a. that a specific reasonable accommodation was requested by the plaintiff
b. that a conflict exists between a sincere religious belief or practice and an
employment requirement
c. that the requested accommodation would not impose undue hardship - ANSWER-
b. that a conflict exists between a sincere religious belief or practice and an
employment requirement
A clerical employee who has a special gift for languages is also disabled, and in a
wheelchair. You have previously made his work area accessible, but he is now
asking for a special accommodation - that you create a position for him in which he
can use his language skills in translations, and not in clerical work. Which of the
following statements is true?
a. The request is a reasonable one, and you should try to accommodate it
b. The request is not a reasonable one, so you don't have to accommodate it
c. There is no requirement under the ADA that an employer create a position for an
employee who is disabled - ANSWER-c. There is no requirement under the ADA that
an employer create a position for an employee who is disabled
Regarding an employer's obligation to accommodate disability and religion, it can be
said that:
a. the obligation to accommodate in these areas is consistent with the employer's
obligation to accommodate in other areas of the employment relationship
b. the obligation to accommodate in the areas of disability and religion is unique to
those areas of the employment relationship
c. the obligation to accommodate is voluntary, except for federal employers
d. both the obligation to accommodate in the areas of disability and religion is unique
to those areas of the employment relationship and the obligation to accommodate is
voluntary, except for federal employers only - ANSWER-b. the obligation to
,accommodate in the areas of disability and religion is unique to those areas of the
employment relationship
As the Assistant Human Resources Manager, you have access to the employment
files of all of the employees, including management. You have inadvertently learned
that the Vice President of Sales has tested positive for the HIV virus. You know that
he is married, but doubt that he's told his wife. What should you do?
a. call his wife, and tell her that you regret you must give her some bad news; then,
simply tell her
b. call his wife, but ask to come and see her in person; this is not the sort of news
that one should deliver by telephone
c. talk to the Human Resources Manager, and ask her advice
d. nothing - ANSWER-d. nothing
The escalator principle is a doctrine that permits employees absent under the FMLA
to be promoted to the positions they would have obtained if not absent.
a. True
b. False - ANSWER-False
Under the some circumstances, employers can refuse to restore key employees to
their previous positions pursuant to the Family and Medical Leave Act.
a. True
b. False - ANSWER-True
"Serious health conditions" include:
a. pregnancy
b. all conditions that require hospitalization
c. all conditions that require treatment by a health care provider
d. all of these - ANSWER-b. all conditions that require hospitalization
An employee who had taken periods of FMLA leave over a two year period was
terminated for poor attendance because of those absences. She brings suit under
the FMLA. What should the court rule?
a. the employer did not violate the FMLA because the employee was granted leave
b. the employer did not violate the FMLA because she was terminated for her
absences and not for having requested or taken FMLA leave
, c. the employer violated the FMLA because all employees become eligible for up to
12 weeks of leave at the start of each new calendar year; "rolling" calendars are
illegal
d. the employer violated the FMLA because the employee was terminated based on
absences that qualified as FMLA leave - ANSWER-d. the employer violated the
FMLA because the employee was terminated based on absences that qualified as
FMLA leave
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
requires that:
a. all persons returning from military service must be reemployed
b. employers must attempt to reinstate persons returning from military service into
the positions that they would have attained absent service, including any promotions
c. employers continue to provide at least partial pay to employees serving in the
military for up to 24 months - ANSWER-b. employers must attempt to reinstate
persons returning from military service into the positions that they would have
attained absent service, including any promotions
"Hopalong" Jones was a cowboy working on a cattle ranch out west. He has worked
at the ranch for three years and done an excellent job. He is also a two time bull
riding champion at the state rodeo competition. He is fired when he admits to being
gay.
a. Hopalong is protected under the protected sex classification under Title VII
b. since being a cowboy is such a macho job, being heterosexual is considered a
BFOQ
c. sexual orientation is a protected class in some states but not in others
d. Hopalong has no federal or state protection regarding his sexual orientation -
ANSWER-c. sexual orientation is a protected class in some states but not in others
The federal Jury System Improvements Act:
a. protects persons who serve on federal juries from discharge, intimidation or
coercion by their employers because of their jury service
b. applies a Title VII approach to selection of jurors
c. reduces the number of jurors on a standard jury from 12 to 6
d. requires that employers pay their employees at their regular rate of pay for the
time spent serving on a federal jury - ANSWER-a. protects persons who serve on
federal juries from discharge, intimidation or coercion by their employers because of
their jury service
