ECRE Employment Law 3 — Questions and Answers
Question 1: Which Supreme Court case established that sexual harassment constitutes sex discrimination under Title VII?
- Griggs v. Duke Power Co.
- McDonnell Douglas Corp. v. Green
- Meritor Savings Bank v. Vinson (Correct answer)
- Burlington Northern & Santa Fe Railway v. White
Correct answer: Meritor Savings Bank v. Vinson
Meritor Savings Bank v. Vinson (1986) was the first Supreme Court case to recognize hostile work environment sexual harassment as sex discrimination under Title VII.
Question 2: Under COBRA, how long can a terminated employee typically continue group health coverage?
- 90 days
- 6 months
- 18 months (Correct answer)
- 36 months
Correct answer: 18 months
COBRA generally allows terminated employees to continue group health coverage for up to 18 months, though certain qualifying events extend this to 36 months.
Question 3: What is 'disparate impact' discrimination in the context of employment law?
- Intentional discrimination against a protected class
- A facially neutral policy that disproportionately affects a protected group (Correct answer)
- Retaliation against an employee who filed a discrimination complaint
- Unequal pay between men and women for the same job
Correct answer: A facially neutral policy that disproportionately affects a protected group
Disparate impact occurs when a neutral employment policy or practice disproportionately screens out members of a protected class without business justification.
Question 4: Which of the following is a protected activity under the NLRA for non-union employees?
- Refusing to perform assigned job duties
- Discussing wages with coworkers (Correct answer)
- Posting negative company reviews on personal social media unrelated to working conditions
- Filing a workers' compensation claim
Correct answer: Discussing wages with coworkers
The NLRA protects employees' rights to engage in concerted activity, including discussing wages and working conditions with coworkers.
Question 5: An employer's written policy promises 'permanent employment as long as performance is satisfactory.' This most likely creates what legal issue?
- A WARN Act obligation
- An implied contract exception to at-will employment (Correct answer)
- A Title VII violation
- An ERISA benefit obligation
Correct answer: An implied contract exception to at-will employment
Written promises of continued employment in handbooks or policies can create implied employment contracts, limiting the employer's ability to terminate at-will.
Question 6: Under the Pregnancy Discrimination Act, how must an employer treat a pregnant employee unable to perform her job duties?
- Place her on immediate unpaid leave until delivery
- Terminate her and offer rehire after recovery
- Treat her the same as other employees who are temporarily unable to perform their duties (Correct answer)
- Offer her a different position at reduced pay
Correct answer: Treat her the same as other employees who are temporarily unable to perform their duties
The PDA requires employers to treat pregnancy-related limitations the same as any other temporary disability or medical condition affecting work ability.
Question 7: Which agency enforces compliance with the Equal Pay Act?
- Department of Labor (DOL)
- Equal Employment Opportunity Commission (EEOC)
- Both the DOL and EEOC have enforcement authority (Correct answer)
- Department of Justice (DOJ)
Correct answer: Both the DOL and EEOC have enforcement authority
The Equal Pay Act is enforced by both the DOL's Wage and Hour Division (originally) and the EEOC (transferred in 1979), giving both agencies authority.
ECRE Employment Law 3
Which Supreme Court case established that sexual harassment constitutes sex discrimination under Title VII?