Discrimination & Disability

Attached are the source documents to help with answering the questions: Take Test/Unit 4 Discussion Questions… there are 39…

IllinoisCompiled Statutes

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HUMAN RIGHTS
(775 ILCS 5/) Illinois Human Rights Act.

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Article 1 – General Provisions
Article 2 – Employment
Article 3 – Real Estate Transactions
Article 4 – Financial Credit
Article 5 – Public Accommodations
Article 5A – Elementary, Secondary, and Higher Education
Article 6 – Additional Civil Rights Violations
Article 7 – Department Of Human Rights; Duties & Procedures
Article 7A – Department Of Human Rights; Procedures Under Articles 2, 4, 5, 5a And 6
Article 7B – Department Of Human Rights; Procedures Under Article 3
Article 8 – Illinois Human Rights Commission
Article 8A – Illinois Human Rights Commission; Procedures Under Articles 2, 4, 5, 5a And 6
Article 8B – Procedures And Relief In Article 3 Cases Before The Human Rights Commission
Article 9 – Savings Provisions
Article 10 – Circuit Court Actions

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IllinoisCompiled Statutes

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Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may
not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they
become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory
changes are sometimes included in the statute database before they take effect. If the source note at
the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of
the law that is currently in effect may have already been removed from the database and you should
refer to that Public Act to see the changes made to the current law.

EMPLOYMENT
(820 ILCS 70/) Employee Credit Privacy Act.

(820 ILCS 70/1)
Sec. 1. Short title. This Act may be cited as the Employee
Credit Privacy Act.
(Source: P.A. 96-1426, eff. 1-1-11.)

(820 ILCS 70/5)
Sec. 5. Definitions. As used in this Act:
“Credit history” means an individual’s past borrowing and
repaying behavior, including paying bills on time and managing
debt and other financial obligations.
“Credit report” means any written or other communication of
any information by a consumer reporting agency that bears on a
consumer’s creditworthiness, credit standing, credit capacity,
or credit history.
“Employee” means an individual who receives compensation for
performing services for an employer under an express or implied
contract of hire.
“Employer” means an individual or entity that permits one or
more individuals to work or that accepts applications for
employment or is an agent of an employer. “Employer” does not,
however, include:
(1) Any bank holding company, financial holding

company, bank, savings bank, savings and loan association,
credit union, or trust company, or any subsidiary or
affiliate thereof, that is authorized to do business under
the laws of this State or of the United States.

(2) Any company authorized to engage in any kind of

insurance or surety business pursuant to the Illinois
Insurance Code, including any employee, agent, or employee
of an agent acting on behalf of a company engaged in the
insurance or surety business.

(3) Any State law enforcement or investigative unit,

including, without limitation, any such unit within the
Office of any Executive Inspector General, the Department of
State Police, the Department of Corrections, the Department
of Juvenile Justice, or the Department of Natural Resources.

(4) Any State or local government agency which

otherwise requires use of the employee’s or applicant’s

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credit history or credit report.

(5) Any entity that is defined as a debt collector
under federal or State statute.
“Financial information” means non-public information on the
overall financial direction of an organization, including, but
not limited to, company taxes or profit and loss reports.
“Marketable assets” means company property that is specially
safeguarded from the public and to which access is only
entrusted to managers and select other employees. For the
purposes of this Act, marketable assets do not include the
fixtures, furnishings, or equipment of an employer.
“Personal or confidential information” means sensitive
information that a customer or client of the employing
organization gives explicit authorization for the organization
to obtain, process, and keep; that the employer entrusts only to
managers and a select few employees; or that is stored in secure
repositories not accessible by the public or low-level
employees.
“State or national security information” means information
only offered to select employees because it may jeopardize the
security of the State or the nation if it were entrusted to the
general public.
“Trade secrets” means sensitive information regarding a
company’s overall strategy or business plans. This does not
include general proprietary company information such as
handbooks, policies, or low-level strategies.
(Source: P.A. 96-1426, eff. 1-1-11.)

(820 ILCS 70/10)
Sec. 10. Employment based on credit history or credit report
not permitted.
(a) Except as provided in this Section, an employer shall
not do any of the following:
(1) Fail or refuse to hire or recruit, discharge, or

otherwise discriminate against an individual with respect to
employment, compensation, or a term, condition, or privilege
of employment because of the individual’s credit history or
credit report.

(2) Inquire about an applicant’s or employee’s credit
history.
(3) Order or obtain an applicant’s or employee’s
credit report from a consumer reporting agency.
(b) The prohibition in subsection (a) of this Section does
not prevent an inquiry or employment action if a satisfactory
credit history is an established bona fide occupational
requirement of a particular position or a particular group of an
employer’s employees. A satisfactory credit history is not a
bona fide occupational requirement unless at least one of the
following circumstances is present:
(1) State or federal law requires bonding or other
security covering an individual holding the position.
(2) The duties of the position include custody of or

unsupervised access to cash or marketable assets valued at
$2,500 or more.

(3) The duties of the position include signatory
power over business assets of $100 or more per transaction.
(4) The position is a managerial position which
involves setting the direction or control of the business.
(5) The position involves access to personal or

confidential information, financial information, trade
secrets, or State or national security information.

(6) The position meets criteria in administrative
rules, if any, that the U.S. Department of Labor or the

Illinois Department of Labor has promulgated to establish
the circumstances in which a credit history is a bona fide
occupational requirement.

(7) The employee’s or applicant’s credit history is
otherwise required by or exempt under federal or State law.
(Source: P.A. 96-1426, eff. 1-1-11.)

(820 ILCS 70/15)
Sec. 15. Retaliatory or discriminatory acts. A person shall
not retaliate or discriminate against a person because the
person has done or was about to do any of the following:
(1) File a complaint under this Act.
(2) Testify, assist, or participate in an

investigation, proceeding, or action concerning a violation
of this Act.

(3) Oppose a violation of this Act.
(Source: P.A. 96-1426, eff. 1-1-11.)

(820 ILCS 70/20)
Sec. 20. Waiver. An employer shall not require an applicant
or employee to waive any right under this Act. An agreement by
an applicant or employee to waive any right under this Act is
invalid and unenforceable.
(Source: P.A. 96-1426, eff. 1-1-11.)

(820 ILCS 70/25)
Sec. 25. Remedies.
(a) A person who is injured by a violation of this Act may
bring a civil action in circuit court to obtain injunctive
relief or damages, or both.
(b) The court shall award costs and reasonable attorney’s
fees to a person who prevails as a plaintiff in an action
authorized under subsection (a) of this Section.
(Source: P.A. 96-1426, eff. 1-1-11.)

(820 ILCS 70/30)
Sec. 30. Fair Credit Reporting Act. Nothing in this Act
shall prohibit employers from conducting a thorough background
investigation, which may include obtaining a report without
information on credit history or an investigative report without
information on credit history, or both, as permitted under the
Fair Credit Reporting Act. This information shall be used for
employment purposes only.
(Source: P.A. 96-1426, eff. 1-1-11.)

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EQUAL PAY ACT

EQUAL PAY ACT
The Equal Pay Act is an amendment to the Fair Labor Standards Act.
The Equal Pay Act requires employers to pay equal wages for equal work and outlaws pay discrimination between employee on the basis of sex and mental or physical handicap.
A plaintiff asserting an Equal Pay Act claim need not prove discriminatory intent to recover.

EQUAL PAY ACT
To establish a prima facie case of wage discrimination under the Equal Pay Act, a plaintiff must prove that members of the opposite sex or other protected workers were paid higher wages for equal work requiring substantially similar skill, effort, and responsibilities and that the work was performed under similar working conditions.

EQUAL PAY ACT
The burden then shifts to the employer to prove that the pay differential was made pursuant to a system based on (1) seniority; (2) merit; (3) quantity or quality of production; or (4) any other differential not based on sex. If the employer meets this burden, the employee may still prevail by showing that the employer’s reason is a pretext for discrimination.

EQUAL PAY ACT
Back pay is one remedy allowed if an individual Plaintiff can establish the Act has been violated. The back pay may go back for a period of two years if the employers discrimination was merely negligent, or three years if the employer’s discrimination is found to be intentional.

EQUAL PAY ACT
Note that retaliation against an employee complaining of having their rights violated under the Act is strictly prohibited. This requires the plaintiff to show that after filing the charge or internal complaint] only he, and not any similarly situated employee who did not file a charge or internal complaint, was subjected to an adverse employment action even though he was performing his job in a satisfactory manner.

EQUAL PAY ACT
To establish a prima facie case of retaliation, a plaintiff must show that (a) he or she participated in a protected activity, (b) he or she performed his or her job in accordance with the employer’s legitimate expectations, (c) despite meeting those expectations, he or she suffered a materially adverse employment action, and (d) similarly situated employees who did not engage in protected activity were not treated in the same manner.

AMERICANS WITH DISABILITIES ACT

AMERICANS WITH DISABILITIES ACT
ADA prohibits discrimination in all aspects of employment against qualified individuals with a disability because of the individual’s disabilities.

ADA generally covers employers with 15 or more employees.

AMERICANS WITH DISABILITIES ACT
An individual has a disability under ADA when 1. The individual has a physical or mental impairment that substantially limits one or more of life’s major activities; 2 The individual has a record of such an impairment; or 3. The individual is regarded as having such an impairment.

AMERICANS WITH DISABILITIES ACT
“Major Life Activities” have been defined by the EEOC as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
If a person has little or no difficulty performing any major life activity because s/he uses a mitigating measure, then that person will not meet the ADA’s first definition of “disability.”

AMERICANS WITH DISABILITIES ACT
Exclusions from ADA include illegal drugs and homosexuality, bisexuality, transvestitism, pedophilia, exhibitionism, voyeurism, compulsive gambling, kleptomania or pyromania.
An employer may require drug workplace testing.

AMERICANS WITH DISABILITIES ACT
“Qualified individual with a disability” is defined as one who with or without an accommodation can perform the essential functions of the position held or desired.
“Essential functions” has been defined by the EEOC as the fundamental job duties of the position as opposed to the “marginal functions” of the position.

AMERICANS WITH DISABILITIES ACT
Written job descriptions are evidence of what constitutes the essential functions of the position.

AMERICANS WITH DISABILITIES ACT
ADA requires employers to make “reasonable accommodations” to the known physical or mental limitations of a qualified applicant or employee unless it can be demonstrated that the accommodation would impose an undue hardship on the operation of the business.

AMERICANS WITH DISABILITIES ACT
“Reasonable accommodations” has been defined by the EEOC as modifications or adjustments to the work environment or to the manner in which the job is usually performed that enable the qualified individual with a disability to perform the essential functions of the position.

AMERICANS WITH DISABILITIES ACT
“Reasonable accommodation” is to be determined on a case be case basis but may include modification of the workplace, job restructuring, modification of work schedules, leaves of absences, reassignment to a vacant position, acquisition or modification of equipment or devices, the provision of qualified readers or interpreters, and temporary use of a job coach.

AMERICANS WITH DISABILITIES ACT
An employer need not provide the best accommodation or the one requested by the employee. A reasonable accommodation is sufficient if it meets the job related needs of the individual being accommodated.

AMERICANS WITH DISABILITIES ACT
“Undue hardship” means that providing the reasonable accommodation would result in significant difficulty or expense, based on your resources and the operation of your business.
“Undue hardship” means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.

AMERICANS WITH DISABILITIES ACT
Among the factors to be considered in determining whether an accommodation is an undue hardship are the cost of the accommodation, the employer’s size, financial resources and the nature and structure of its operation.

AMERICANS WITH DISABILITIES ACT
An employer need not provide an employee with an adjustment or modification that would assist the individual both on and off the job, such as a prosthetic limb, wheelchair, or eyeglasses, remove or alter a job’s essential functions, lower production or performance standards, or excuse violations of conduct rules necessary for the operation of your business.

AMERICANS WITH DISABILITIES ACT
An employer may not ask job applicants about the existence, nature or severity of a disability and may not conduct medical examinations until the employer determines the applicant is qualified for the position and extends a conditional employment offer.

AMERICANS WITH DISABILITIES ACT
An employer may require medical examinations or make enquiries of current employees when they are job related and consistent with business necessity.
Increased absenteeism resulting in decreased productivity is grounds to request an employee to undergo a physical examination.

AMERICANS WITH DISABILITIES ACT
Remedies under ADA include compensatory and punitive damages, as well as reinstatement and injunctive relief.

ANTIDISCRIMINATION

ANTIDISCRIMINATION
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, pregnancy or national origin.
The Age Discrimination in Employment Act prohibits employment discrimination against those 40 years of age or older.

ANTIDISCRIMINATION
The Americans with Disabilities Act prohibits employment discrimination against qualified individuals with a disability and requires employers to make reasonable accommodation to those individuals.

ANTIDISCRIMINATION
All three statutes have jurisdictional requirements that must be met for a particular statute apply to an employer, entity or governmental unit.
For Title VII to apply to a public or private sector employer, at least 15 employees must be employed for 20 calendar weeks in a year.
For the ADEA to apply to a public or private sector employer, at least 20 employees must be employed for 20 calendar weeks in a year.

ANTIDISCRIMINATION
The ADA requirements are the same as Title VII except it does not cover the federal government. A separate statute has been enacted to define the responsibilities of the federal government employers to the disabled.

ANTIDISCRIMINATION
ENFORCEMENT
The Equal Employment Opportunity Commission is charge with enforcement of all three statutes. All three statutes require all individuals wishing to allege violations of the statutes by an employer to first file those complaints in writing with the EEOC. The EEOC is charge with then investigating those complaints. Generally, the employer will be notified of the complaint and invited to respond.

ANTIDISCRIMINATION
ENFORCEMENT
After the employer has had an opportunity to respond to the charges and submit any evidence it may desire, the EEOC may chose to undertake enforcement of the statutes on behalf of the complaining individual. This rarely occurs. Most often, the EEOC concludes its investigation by issuing a right to sue letter to the complaining individual.

ANTIDISCRIMINATION
ENFORCEMENT
An individual cannot sue an employer in civil court alleging violations of the three statutes until the EEOC has concluded its investigation and issued a right to sue letter. Note that this right to sue letter is not an endorsement of an individual’s claims. It is simply a statement that the EEOC is not going to act on behalf of the complaining individual and therefore that person may go forward now with a civil suit.

ANTIDISCRIMINATION
ENFORCEMENT
All three statutes prohibit any retaliation of any form against any employee for making any complaint with or against any employer alleging any violation of the three statutes.
All three statutes have attorney fee shifting provisions. An attorney successfully presenting a claim on behalf of an employee alleging violations of the statutes will be awarded attorney fees to be paid by the employer.

ANTIDISCRIMINATION
ENFORCEMENT
Individuals cannot sue State governments and its employees in civil court because of sovereign immunity. However, the EEOC may sue State government and its employees to enforce the statutes.

ANTIDISCRIMINATION
ENFORCEMENT
The federal antidiscrimination statutes also require employers have rules and regulations in place to insure workplace compliance with the law. This then places a duty upon an employer to act reasonably to insure a hostile work environment is not created by its employees and customers. An employer will be held liable for creating a hostile work environment only if it failed to take corrective action for a situation it knew or should have known existed when the appropriate rules and regulations are in place.

ANTIDISCRIMINATION
ENFORCEMENT
Distinguish quid pro quo discrimination. If quid pro quo discrimination is committed upon an employee by a manager or supervisor, then the employer is strictly liable.
This is a form of respondeat superior.

ANTIDISCRIMINATION
Scheduling- If an employee cannot comply with a work schedule or condition because of that individuals sincere religious belief, then the employer must work with the employee to accommodate those views unless such an accommodation would cause the employer an undue hardship. The courts have interpretated undue hardship to mean costing more than a de minimis amount.

Source: Clarkson, Miller, Jentz and Cross; Business Law : Text and Cases/ ’11
t h

ed., South-Western,

Cengage Publishing:

Emp loyment at Will

33·3. Employment at Will. Robert Adams worked as a delivery truck driver for
George W. Cochran & Co. Adams persistently refused to drive a truck that lacked a re
quired inspection sticker and was subsequently fired as a result of his refusal. Adams
was an at-will employee, and Cochran contended that because there was no written em
ployment contract stating otherwise, Cochran was entitled to discharge Adams at
will-that is, for cause or no cause. Adams sought to recover $7,094 in lost wages and
$20

,000 in damages for the “humiliation, mental anguish and emotional distress” that
he had suffered as a result of being fired from his job, Under what legal doctrines dis
cussed ‘ill this chapter-or exceptions to those doctrines-might Adams be able to re
cover damages from Cochran? Discuss fully. [Adams v. George W. Cochran & Co., 59

A.2d 28 CD.C.App. 1991)J ‘

–~ ‘” I

Employee v. Independent Contractor Exercise

Donna L ee is a salesp erson employed on a full-time basis by Bob Blue, an
auto dealer. She works 6 days a week, and is on duty in Bob’s showroom on
certain assigned days and times . She appraises trade-ins, but her appraisals
are subject to the sales manager’s approval. Lists of prosp ective customers
belong to the dealer. She has to develop leads and report results to the sales
manager. Because of her experience, she requires only minimal assistance in

.: closing and financing sales and in other phases of her work. She is paid a
commission and is eligible for prizes and bonuses offered by Bob. Bob also
pays the cost of health insurance and group-term life insurance for Donna.

Is Dorina an employee of Bob Blue or an independent contractor?

Employee v. Independent Contractor Exercise

Vera Elm, an electrician, submitted a job estimate to a housing comp lex for
electrical work at $16 per hour for 400 hours. She is to receive $1,280 every
2 weeks for the next 10 weeks. This is not considered payment by the hour.
Even if she works more or less than 400 hours to complete the work, Vera
Elm will receive $6,400. Sh e also performs additional electrical installations
under contracts with other companies, that she obtained through
advertisements. Is Vera an independent contractor or an employee?

Source: Clarkson, Miller, Jentz and Cross; Business Law: Text and Cases, n” ed ., South-Western,
Cengage Publishi ng,

Independent Contractor

31-6. Employee versus Independent Contractor. L.M.T. Steel Products, Inc., con
tracted with a school to install numerous room partitions. To accomplish this work,
L.M.T. hired a man named Webster. Webster was not a regular employee of L.M.T., and it
Was stipulated that he was to be paid by the number of feet of partitions installed.
Webster did not have a contractor’s license. He hired other workers to do the ins talling,
and these workers were paid by L.M.T. Webster was given blueprints by L.M.T., but he
Was not otherwise at any time actively supervised by L.M.T. on the job. Needing t o place
a telephone call to L.M.T., Webster drove his own personal vehicle to a public telephone.
On the way, he negligently collided with another car, and an occupant of that car,
Peirson , was injured. Peirson sued L.M.T. , claiming .that Webster was an employee .

L.M.T. claimed that Webster was an independent contractor. Who was correct? EXPla””
[L.M. T. Steel Products, hie. v. Peirson, 47 Md.App. 633, 425 A.2d 242 (1981)] :.:

Source : Clarkson, Miller, Jentz and Cross; Business Law: Text and Cas es,’ 11 t h ed. , South-Western

Cengage Publishing. )

Independent Contractor

31.-8. Employee ve~s~s’ Inde -~~d~- ‘:~
dnver for the Happy Cab C H p .nt Contractor. Stephen Remm li “”

. o. emmerlmg p .d tai fi er mg Was ”
val~l~ty .of rules relating to the use of th ai b cerham lXed expenses and abided b ~l
so icitation of fares, and so on. Rate e ca , t e hours that could be work d Y ~. ‘

~~7:eZo: :~~:;,:r 1~1a1~ ~:in,;;,~:e~:i :i~gb~ t::b~t:r~;,,~~~ri~;~a~i~nJ~;e~7thh~~J

compensation benefits . Such benefit PPY Cab lr: a Nebraska state court for w l~ a~
~at b~~is ‘m i g h t the court hol~ a~~~tot Jvarlablr. to i~dependent contracto~~ ~~

_ . ,em”!’er mg v. Happy Cab C~:, . ~~?_~.~~ ._ ~_lB , 53~~~21~~1~S(1~~)Jmployee? Exp·lain.”

Source: Clarkson , Miller, Jentz and Cross; Business Law: Text and Cases; i i” ed., South-Western ,

Cengage Publishing.

Independent Contractor

31-2. Ernp l oye e versus Independent Contractor. Clifford Aymes was hired by
Jonathan Bonelli of Sun Island Sales, Inc., to create a computer program for Sun Island
to use in maintaining records of its cash receipts, inventory, sales, figures, and other
data. No agreement was reached as to ownership rights in the program that Aymes de
veloped, called CSALIB. Aymes did most of his programming at the Sun Island office.
Although Bonelli gave Aymes frequent instructions as to what he wanted from the pro
gram, Aymes generally worked alone and enjoyed considerable autonomy in his work.
He worked fairly regular hours, but he was not always paid by the hour-occasionally,
he submitted bills (in voices) to Sun Island for his work. Aymes never received any em
ployee benefits, such as health insurance, and Sun Island never withheld federal and 0
state taxes from Aymes’s paycheck; nor did it pay any Social Security taxes on Aymes’s
earnings. Wben Bonelli unilaterally cut Aymes’s hours in violation of an alleged oral

, agreement, Ayrnes left Sun Island and demanded compensation for Sun Island’s use of
CSALIB. Bonelli refused to pay Aymes for the program’s use and also stated that he
would not pay Aymes $14,560 in back wages unless Aymes signed a form releasing all
rights in CSALIB. Aymes then sued Bonelli and Sun Island for copyright infringement,

: and the court had to decide who owned the copyright in the program. Central to the de-
o termination of this issue was whether Aymes was an employee of Sun Island or an inde
pendent contractor. What should the court decide, and why? [Ayn1.e s v. B onelli) 980 F.2d
857 (2d Cir. 1992)]

. ,.:

” -~ . ~

J.
I

l.!J\

A6 BELLEVILLE NEWS-DEMOCRAT . ‘ . . .., . TUESDAY, JANUARY 6,2009

~~~~~~===’INATldN &’:,WORLD’I'”

~ …~ = . .>0 Some citie~ d~tCfjimi nalMlstoryoff jobchecks
.~-.

:RedWyisrnJess ,likely f~r. ~~s.¢ .~qtking. ye~s ill B?ston,’ Chicago, , ‘city has some. ~,OOO~e~i~>’ record: ” . . ?
, ” ‘. .. ‘. ! ,<. c . :' .- .. ': Minneapolis, )3altImore,dents on probation or pa- "There were some times

AssociatedPTeSs;w6rk’an4:r~d~c:~Jl1elikelk San. Frallcisco,’~Oakla.nd;, ~01e. , • ” -, TWas temptedtog6 back to
‘-‘._’-. . . _ , ” \ .l1~odth~Y wiJl”CqF?tne~ ‘ Calif.,andNorWlch,Conn.;· 0’; .Ne~I;Iaven’s existing ap-‘.’ my old way of making rnon

:~.. f; ~ – NE;WHAVEN,.Conn, – : ; c~es . . : . :” . ‘ -.:.:” ‘…. L.o~ An.geles, ~d o~er ,plkatlO’: asks whether, ey,” Tucker said. ~
!:’ ; Hoping’ to prevent convicts ” ‘! “Thi s , miikes “‘sense” in CltIesarec~n~n4ermgdomg, prospective employees have P t kn 1
I!’ ‘ .’ ” – . !””, so’ ” been.’ , t d f’ roponen s ac ow’t ” ” ‘ .,
‘I’;i”: from being shut out of the ‘ , t enns oLredllcmg vlOlen ce.. >: ·e .” ‘,”., , .:”;:’; . ” ever eenconvicte 0 any- d that-ch . th
11 .: ‘ . ‘ . .., ‘ • S ‘ ‘ . ” ,.- .’ .. h . thin th tha , ‘ af-‘ e ge a t angmg e ap·” ‘ .. ,.” , The amount:’of~reCldivl!;m ome’~ ci les’ , suc as . goer an minor tr – . ” . .l~~’J’ workforce, some maJor.U.S. . …., “‘ , ” ..- ‘. ‘ . ” ‘~ ” , ‘- ” ” • Chi ‘ ‘ ; , ” . ” , . ;… fi . 1 ti . ‘nil f plication IS not a panacea>0 ,’I ‘ . • ‘. . . . ‘I, ‘ – COn1ImttiIig crimes agcWl.,. cago continue to con- c VIo a ons or Juve e 0 – . . . I

,~ cities are elimmatirtgques- .: , ” . hi .’· ” ‘ · ·l’ ,…. ‘ ,’ , ,,, :,:: . . d t . , ‘1 b lr…-T’ ‘ d f but they insist it allows peo
,!, “;f: . / 1ions’froiI1th~irj~bapplica. · ~ ·;;-mt . ~,poP}l; ~~~0.n: ~~ ,\-ll,d- . ” ‘ ” , uc. ~E.~~a ac~,”~~ enses.,.. . 1 ith .. I d r

“-~; . 1 ti “, “th i:, ~ : . k: ,”‘h th ‘: .’. matic,anditnas.taKeil:a.toll'(·”checks:.for,.’.alL P.oSltIOns. Shelton Tucker, a New p e wi c~a recor sto
~ ,Ions .,. ar ,,,,as l , W e er, :, ‘.. ‘ . ‘ “”‘1″” _'” “J .. c-c: • • ” . , ‘ r.ou ” ‘ 1i ‘r’o’ ,. -d ‘ ven resid ,’.’ get a foot in the door

, , .. ” ‘ . ” , ‘. ,… . . ‘>, “” c ‘ . .. \ •• : .’~ on l this U:01nniumty; :! ·: sai d –< , ers such.as Boston oso Haven resi entwhoserved 1'. '-. Shelton Tucker.stand~ in pr~s~ediv_~"eIIJ-P!?X~~~JFl,~e :);'Johl(DeStefanb~:in~~of.1 8f i, only:whe~ reviewfug ~ppli- .. five years in prison' for' as- . Cities-are also creating the doorway of his home ' Jev.e tl\ ~~.e.?, :..~.?,~~c..~~ d,: . ~!:: !l '-; ':. New Hav~n;'~li~ ti? tfficikJ.s t ~artts fof-schooljobs or oth- sault Withafirearm, said he standards' for. determining Dec; 11 in New Haven,' i:. .•~~;,~~1~ ::~ ! ~I?ttJ~~\~:;i~·~~il:i·r~cen.tIY · (BrOp.'osed~[~{:soG; '.'~r se~Siti~e ~~tie~;: ;~,: ' ; ;;/ :.'1, ~ has lo st \ :oui!tfess, job: PP~ . whetb~r ~, -Cp1nmat record is Conn. 'Iucker.who.was. r ' I :~{ ' ,·M~$~ '" , q,f},m~.i 'chi~~:,'~!~~,:;ca11ed ·.'"bai:i::tli·~6ox~prill-i , :~~" \:~Ih INeW. Hcl:veii.~:25 ~ ·fot>‘ ‘portum ti es’ b·e.cause ofhis ~ ‘;\ ‘ releVailt’t(5thejob> ‘\”: ‘:’. : ‘ ‘I
laldofffrom,Wsjobwith · ” corl;ltJ#,~a~o{ihd!~~~c;k$.;’~iianc;anat~tliop.s:lli~criITii~” i ~’n;’er·’~Hs6rt~rs : ;ardve :~’a’ch- ~ ‘ ,….’: . ,,:,t , ” ..,’ , ;~ , . ,” :. ” .. , . ‘ . ”

,a~glass.company, says he . !’~”~~<:{~aJ(#}g.T~~~*~9:9,,~~4,~g~tOry~r(i'u~~tiB'~~fiqm~~~ :wEiekaft~f~being-'r~l~~sed.~: ' :11as lost countless job :'i:iei ..jO~::9ffhsM.1U~ ,;pi~p.9.pents Jf~~obj~ppJlqi~9~S-,i~,I~:m::7Pt\rf~.\fWitho~tt l1'el~ ~iibo ut· '1 0' of ' 1;ppotlunities because oC~ : §aYrtlie:;ti.ew~ppfba~q;~~\1:siinil~. ; ' Iri~~iu:~~'Wate/L ili~Ii:F\vill!tetJtn ' t'6~ a ,life"6f :Wsprlson 'r e c or d," : ' , : ;' , ~ : ; ;;:· he1p.: ~' ;n'gr~~'~coii~~tS~hdltbk~aaopte:&;\:iii'l;iec~p·t'L~~·~tillie":~bfficiii1 t~; ~iGii' }iT1; e : • -4 ; ,., ' I . ..1 I . · " .... 0;:-:: .::1- " ~il;·.I' · · ":'~W~ f. ~ ~·ElI.V ' .... , ~..,1..~ t .. !: ·"I...I' ..l .. · \ l ~ ~ • ~ 1 , ' , . I ~- -' .,:' · ~ "'k· ~.I. . '~'; " i:~ i ' .d ; '_ ' . ' ,',; ,:, : .1 t " , ;;, . ; '~; ""0i,,;·, ,.~, v.11~~J·~.mde?~;~ :ffIi'X; ~ ; '(ItI!:r'ilt-~ ;~· : ! ' ,~ ., ~:-,1 ~,1 ' • J ,' \ ' ;,~l~J.~, . )I;~. 1 m' , l, ~ ,~~ ~,.,~,;I, "" "__ \ ' ~· ,~lt~ : \ ':1~.9t ,: .t> ~
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_,” ,. . – • ~ :o.; _ … _ • ,:•.~ . : • •

ADA Exercises

1. Jeff is a worker who operates heavy machinery . Jeff suffers from a
chronic disease and has been suffering from dizzy spells caused by the
medication he is taking. Jeff s employer does not have any positions
available other than the operator position and lays Jeff off. Jeff files an
EEOC claim. What is the issue before the EEOC?

2. Jill suffers from general “stress” because of her demanding job and
personal life pressures. She asks her employer to reduce her work schedule
from 8 hours per day to 6 and allow her to work on Saturday to make up the
time. Her employers denies Jill’s request. Is Jill protected under the ADA?

3. Melanie, who has a learning disability, applies for a job as
secretarylreceptionist. The employer reviews records from a previous
employer indicating that he was labeled as “mentally retarded.” Even though
the person’s resume shows that he meets all requirements for the job, the
employer does not interview him because he doesn’t want to hire a person
who has mental retardation. Has the employer violated the ADA?

4. Joe, ajob applicant, was hospitalized for treatment for cocaine
addiction several years ago. Joe has been successfully rehabilitated and has
not engaged in the illegal use of drugs since receiving treatment. Joe is
qualified to perform the functions of the job. The employer rejects Joe’s
application. Has the employer engaged in discrimination?

Source: Clarkson, M[lIer, Jentz and Cross; Business Law: Text and Cases.Tt” ed., South-Western
Cengage Publishing. ‘

Workers’ Compensation

33-4. Workers’ Cornperrsafion, Linda Burnett Kidwell, employed as a state traffic
officer by the California Highway Patrol (CHP), suffered an injury at home, off duty,
while practicing the standing long jump. The jump is a required component of the CHP’s
annual physical performance program fitness test. Kidwell filed a claim for workers’
compensation benefits. The CHP and the California workers’ compensation appeals
board denied her claim. Kidwell appealed to a state appellate court. Wbat is the re
quirement for granting a workers’ compensation claim? Should Kidwell’s claim beI

I granted? [Kidwell v. Workers’ Compensation Appeals Board, 33 Cal.App.4th 1130, 39
( Cal.Rptr.2d 540 (1995)]

— .- . – . – . . – . _

Source : Clarkson, M iller, Jentz and Cross; Business Law: Text and Cases, ‘l1t ~ ed. South-W
Cengage Publishing. ‘ estern ,

Workers’ Compensation

33–6. Workers’ Compensation La
Lounge is in a sUburban she . WS. The Touc~ of Class
Omaha Neb,.”rk Pa ” ppmg plaza, or stnp mall in

, ,= a. tricia Bauer th La ‘ .
does not Own the’ .’ ~ unges owner,
common use of ~J~r~~~~t, :hl.Ch 15 pr~vided for the

i Stephanie Zoucha was a bart u~lnesses m the plaza ,
duties ended when she I en er at the Lounge . Her
June 4 2001 at 1’15 ocked the door after closing . On
locked ‘the door ‘fror: ‘~ Z~u<;ha dosed the ' ba r andi

j walked to her car in the e . inside. An hour later, she
I with· [IJ ik ‘. parking lot ,where she was struck

I e a tire Iron on the ba k f •
i sustained a s kull fracture and c 0 :n~ ~17ad: Zoucha

significant cogn itive dama C’ oth:r InJunes, Includ ing
thought Iorrn ti ) H ge Impairment of speech and ‘

a Jon er purse contai .
was stolen . She ide~tified h .con arrnng her tip money,
who had been in the Louner attac.ker as Wi~liam Nunez,

k
ge

filed a petition in a Neb earlier that night. Zoucha
ras

ers’ compensation. Wh t ~tate c~urt to obtain work
ing workers’ compensa~io~~ Sh~~~:t~lrem~n,ts for receiv
granted or denied ? Why? Zou ouc as request be
Lounge, 269 Neb. 89, 690 N:.J2d 6~aC2~0~)]ch of Class

Non-compete exercise

Sam Snead began working for Finley Financial Services in 1999. Sam worked out the
company’s office in Dayton, OR. Sam performed valuation services for companies in the
Dayton metropolitan area . Finley had developed a proprietary software system which
Sam used to service his customers . In 2002, Finley required that each of its employees
sign a covenant not to cornpete.jncluding Snead. The covenant precluded Snead from
providing valuation services for companies in Ohio and Indiana for a period of 3 years
after any termination of Snead’s employment. Snead quit Finley in 2004 to relocate to
Indianapolis where his wife, a college professor, was transferred. Snead began working
for Valroy Valuation Company, a local companyproviding valuation services for
companies in the Indianapolis metropolitan area. Flnley filed suit in Ohio seeking ail
injunction precluding Snead from working for Valroy and seeking money damages. Ohio
is a blue pencil state.

Should Ohio enforce the non-compete covenant? Why or why not? Discuss the issues
raised by the facts.

()
..”

. . th

Source: Clarkson, Miller, Jentz and Cross; Business Law: Text and Cases, 11 . ed., South-Western,

Cengage Publishing:

Wage and Hour Laws

,
33-1. Calzoni Boating Co. is an interstate

business engaged in manufacturing and
“f’. l’l..~; ”f~ selling boats. The com~any has five hundred

W,t nnnumon employees. Representatives of these employ
~¥ ees are requesting a four-day, ten-hours-per-day work
\¥: week, a~d Ca1zoni is concern~d that this would require
&., paymg time and a half after eight hours per day.Which

~. ‘ federal act is Calzoni thinking of that might require this?

[ Will the act in fact require paying time and a half for all

..’.’ hours worked over eight hours per day .if the employees’

“”‘i proposal is accepted? Explain. .
~….. j.. ”

. th
Source: Clarkson, Miller, Jentz and Cross; Business Law: Text and Cases, 11 ed., South-Western,

Cengage Publishing.
Wage and Hour Laws

33-8. Hours and Wages. Richard Ackerman was an advance sales representative and
account manager for Coca-Cola Enterprises, Inc. His primary responsibility was to sell
Coca-Cola products to grocery stores, convenience stores, and other sales outlets.
Coca-Cola also employed merchandisers, who did not sell Coca-Cola products but
performed tasks associated with their distribution and promotion, including restocking
shelves, filling vending machines, and setting up displays. The account managers, who
serviced the smaller accounts themselves, regularly worked between fifty-five and
seventy-two hours each week. Coca-Cola paid them a salary, bonuses, and commissions,
but it did not pay them-as they did merchandisers-additional compensation for the
overtime. Ackerman and the other account managers filed a suit in a federal district
court against Coca-Cola, alleging that they were entitled to overtime compensation,
Coca-Cola responded that because of an exemption under the Fair Labor Standards Act,
it was not required to .p ay them overtime . Is Coca-Cola correct? Explain. (Ackerman v:
Coca-Cola Enterprises, Inc., 179 F.3d 1260 (10th Cir. 1999)]

Labor Relations and Collective Bargaining Cases

Henry R. Cheesman, Business Law, s” ed. / Pearson/Prentice Hall.

42.1. I n July 1965, the Team st ers
Union (Teamsters) began a cam p aign to
organiz e the empl oyee s at a Sinclair
C om pany (S inclair) pla nt . When the

president of Sinclair learned of the Teamsters’ drive , he talked
with all of his emp loyees and emph asized the results of a long
1952 stri ke th at he claim ed “alm ost put our company out of
business” and expressed worry that the employees we~e fo~
getti ng the “les so ns of the past.” He emphasized that Smclall
was on “thin ice” financially, that the Teamster s’ “only w eapo n
is to str ike,” and that a strike “could lead t o th e closi ng of th e

42.2. M obile Oil Corp oration (Mobile) has its headquar
ters in Bea um ont , Texas. It operat es a fleet of eight oceango

, ing tankers that transport its petroleum products from Tex as
to p orts o n th e East Coast. A typ ical trip on a tanker from
Beaumont to New York takes about five days . No more than
10 to 20 percent of the seamen’s work time is spent in T exas.
T h e 300 or so seamen who ar e em ployed to work on the
t an kers b elong t o the O il , Chemi cal & Atomic Workers
International Union, AFL -CIO (Uni on ) , which h as an
agency sh op agreement with Mobile. The state of Texas
enacts a right-to-work law. M obile sues Union, claiming that
th e agency sh op agreeme nt is unenforceable because it vio
lates the Texas right – to -work 1a~. Who wi ns ? [Oil, Chemical
& Ato mic WorkersInternat ional Union,AFL-CIO v. Mobile Oil
Corp., 426 U. S. 4D7, 96 S.Ct. 2 140 (976)1

33-5. CollectiveBargaining. Verizon NewYork, Inc. (VNY),
provid es tele c ommun ications services . VNY and the
Commun ications Workers o f America (CWA) are part ies
to collective b argaining agreem ents covering installation
and maintenance employees. At one time, VNY sup
ported annual blood drives . VNY, CWA, and charitable
organizations jointly set dates , arranged appoi ntme nts,
and adjusted work sch edu les for the drives. For eac h
drive, ab out a thousand em p loyees, includ ing man agers,
spent up to -four hours traveling to a don or site, giving
blood, recovering, and returnin g to their jobs . Employees
received full p ay for the time . In 2001 ,VNY told CWA that
it would no longer a llow emp loyees to parti cipate “on
Co m pa ny time: claimi ng that it experienced problems
meeting custo mer requests for se rvice durin g the dr ives.
CWA file d a co mpla int with the National Labor Relatio ns
Board (NLRB), asking that VNY be ordere d to bargain
over the decis ion. Did VNY commit an unfair labor prac
tice? Shoul d th e NLRB grant CWP:s request? ‘Why or why
not ? [ Venzon New York, In c. v. National Labor Relations
Board, 360 F.3d 206 (D.C.Cir. 2004)]

pl an t ” b ec aus e Sinclair had manufacturing facili t ies else
where. He also noted that bec ause of the employees’ ages and
the limited usefulness of their skills, they might not be able t o
fin d reem plo ym ent if the y lost their ~obs. Finally, he se~t lit.er

. ature to the employees stati ng that the Teamsters Uruon IS a
str ike happy outfit” and th at they were under “ho odl~m co n
trol ” and included a cartoon sh ow in g the preparatIOn of a
gra;e for Sinclair and other headstones containing the names
of other plants allegedly victimized by unions.. The Team st ~rs
lost the election 7 to 6 and th en filed an unfair labor pracnce
ch arg e with the NLRB. D id Sinclair viola t e labor law?

[N.L.R.B . v. Gissel Packing Co., 395 U. S. 57 5, 89 S.Ct . 1918

(1969)J

33-3. Supp ose that Co nso lidated Stores is undergoin g a
unioni zation campai gn. Prior to the union elec tion, man
agem ent states that the union is unnecessary to protect
workers . Management also provides bo nuses and wage
‘incre ases to the workers during this period.The empl oy
ees reject the union . Union o rga nizers protest that the
wage incr eases during the election campaign unfairly
prejudiced the vote. Should these wage increases be
regarded as an unfair lab or practice? Discuss.

33-4. Unfair Labor Practice. The New York Department of
Education’s e-ma il policy proh ibits the us e of the e-mail
system for un official purposes, exc ept that officials of the
New York Public Employees Federation (pEF), the union
representing state empl oyees, can use the system for
some limited communications, including the sched uling
of union meeti ngs and ac tivities. In 1998, Michael Darcy,
an ele cted PEF official, began sending mass, union
related e-rnails to empl oyees, including a summary of a
union delegates’ conventi on; a union newslett er, a- criti
cism of proposed state legislation, and a criticism of the
state govern or and the Governor’s Office of Employee
Relatio ns. Richard Cate, the department’s chief operating
offic er, met with Darcy and reite rated the department’s
e-mail po licy. ‘Wh en Darcy refused to sto p his use of the
e-mail system,Cate termin ated his access to it.Darcy filed
a com plaint with the New York Public Employment
Relations Board ,alleging a n un fair labor prac tice. Do the
circu msta nc es su pport Care’s action? Why or why not?

[Ben son v. Cueva s, 293 A.D.2d 927,74 1 N.YS .2d 310 (3
Dept. 2002)]

Henry R. Cheesma n, Business Law , s” ed. I Pearson/P rent ice Hall.

375 U.S. 405, 84 S.Ct. 457 {1964l
Supreme Court of the llnitedStates

. ‘ ,: ‘

‘ ‘Bac kgrou nd and F~cts :., ;:’.. ..:; , ” .’ ’empl;yi!6 )~d (isundertaken w ith the exp ress p urpose of
. , ‘ Exchange Parts C~. (Exchange p a~.ts) is erigag~d ·i~ . the , . imp/hgi~t~p~:n ‘iheirfeed~mofchoice fo r or againstu~ ion-

~’:;i~;~~;~1.rt;~.i;~~~~.~~~gi~~:~~:if~~@~i~;¥~t¥~if~~:: : :: ~;~i~?i!~ft:~B;l~$f{~&~1Y!:~;~:!s ·. ·~~!:@fs~~.·s~i~: · .

.-‘ ,: represent’ed :by ,a’ u ruoR. 0!! Nover1lb~r’ 9 ; . i ~ ,$ ~;”clieJ~~er’:F ·,g~siio~4a ‘!/is’! Inii d~ a velvet glove..”E mploy ees ‘are not likt;ly ‘
t .nab.h~a:J. illT’oilie~hob’d · ·b(B’oife;;.ri:aker~; Iio~’;Siiip’buiid~fs~ : ; :16″‘i;ii~s ihe .i7ifir;n’c~ ‘:th’~i the’s ourc~ ojbenijits’no-rd conferred is

. _ .. , – . . . _ . , ‘ .._ • • ,. , ‘ . • ‘ Ii’ -. .. – ~ n- 0 ~f ” • – •• ~ ‘L. ~ . ‘ ” . …. ” – ~ .., , I .–.: l , -‘ .” ~ “: ~ ‘ ..,.. • • . ‘ L, -. – .

: }B la.ck sniit h s; ·;Forg e~.s ‘anq’H elp eis’ ,:,A:;FV CTO { Onio.q).,.:’:a,is!!.t heJOu i-c~;Pom:71;hic~fi.!!uie}.en/jjts··m.u;tJlow :ana whlc~ .
• , .~;”‘: .. ~ : _ .. : _ ” ~.,.. _ I . . _ – ~ . ~l ‘ ”” ~ ~ · · ‘ ‘ ‘ ” ‘ : ~ ~ – ‘ ”: ‘ – ‘ . _..;r- J’J .. .. . ..:., . ‘ ‘;;”, \, – ‘ .’ ~i J.l ~· ,” ,…….’..;:’\ ~ . “._: ;. ….. -. ~’ . “‘- ‘ . ‘ ,( ‘ , ,:,- .., ..! , ‘” • ‘ . . / . ”

~.~: :~~v.lse,q,Exch a~g ~ fart~ ythat ~t},v~s ,gQ~l1g :.t9 .q~ndp c.ra ‘ . .. ;r..ay.d!y .up.:if;-!t ; IS’7! C?t~ob7zgeif · : :. :,:’ ,: ,:\’ .’ ‘. ‘ ‘, ,.:’., -, ‘. “,;

1~lli!l~ii’lilll(f~i!lr” j’~1~ill~!~i’:
: ;:;+-aar91: 1l 8 , > 196q.; as, ilie ,d~~ tr~m :,da~e ; ;’Q J!.. ,Feqr:u~1J’-.-~0( i ·jI O;’!’Y!o1p:xa.lc utat~dgo,o.ij’UJ!!!. :dfi~h!.~ :s[) rt, a~pr:zvef,·e.rnployee.s. Oj,::.

I .,: . \ ‘ ” , ,~. . ‘ .• ,

-.; ” ~ ,. ~;.~;. “, ‘. ‘,” “, ‘.~ “-j’i .

. ,~~()rCl.ered ‘a · rievv deCtJ.on: i The ·qjlirt ‘ of:appe:ils Tevt:rsea~ .The~. iCas’~’ Qi{” ‘ti
0

‘ ~ S·!

…..~.N.· . :,, .’.:.·1:·.’.:~~p} ~¥,~a .,:.. . .,:S : ,, :,: :.’ .< . ' ,. ,' ' .. : .z:'2 "..•.,,-_ c:..,:::...,... ..:c.:." :.. ··RB ... . ; . ...'t.· o··'t.b," ··.e' D' -. : S hp' ~e fri~ :Ci)'iJi{:j' ~~~ ·.., ..e.S ..::.:; "'- ...,-,--:'--:---'-,-..::..-,--'----''-:-..::..-,-..::..-,---..::..-,-~

‘ Criti~liL~galThiclang Should a company beprohibitel
SUpreme Cou rf lssue . from taking aW~y ( orgiving) econ omic benefits in its fight
IS it an ~ rifaii practice for an employer to’ confer neweco- withauuiori? .
nomic be nefits on i t s employees on the eve of a union

B u siness E thics Was it ethical for the employer in thi s
election?

case to increase employee benefits on the eve of the uni on
electi on?

tn t he La:nga uge of t he U.S . Sup; Q’e m e Court
Harlan’]ustiee The broadpurpose ofSection 8(a) is to estab C ontemp orary Bus in ess Do you think the emp loyer ‘s
lish the right of employees to organize for mutual aid w ithout conduct in this case co nstituted a “fist in a velvet glove”?
employer interference. JiVe have no doubt that it p1’ohibits not Were the be nefits conferred in thi s case likely to be
only intrusrue threats but also conduct tmmediate lv favo raole to ephemeral’

“…… e

Take Test: Unit 4 Discussion Questions

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Q U E S T I O N 1

Briefly describe the provisions of Title VII of the 1964 Civil Rights Act. Does it apply
to all employers? Identify which employers fall within the scope of the Act.

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3 points Save AnswerSave Answer

Q U E S T I O N 2

Briefly describe the provisions of the Age Discrimination in Employment Act. Does
it apply to all employers? Identify which employers fall within the scope of the Act.

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3 points Save AnswerSave Answer

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Q U E S T I O N 3

Briefly describe the provisions of the Equal Pay Act. Does it apply to all employers?
Identify which employers fall within the scope of the Act. What must a claimant
initially establish to prove an employer violated the Act? If a claimant succeeds,
what may an employer prove to avoid liability under the act? How does the Act
deal with retailation?

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6 points Save AnswerSave Answer

Q U E S T I O N 4

Briefly describe the provisions of the Americans with Disability Act. Does it apply to
all employers? Identify which employers fall within the scope of the Act.

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Q U E S T I O N 5

What is the very first step an employee must take if he/she believes they have
been discriminated against in violation of one of these federal antidiscrimination
statutes by an employer? Hint: Think about what could be done to resolve the
complaint before going to the EEOC.

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Q U E S T I O N 6

What must be done next if no satisfactory agreement can be made?

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Q U E S T I O N 7

What administrative agency has been designated to administer federal
antidiscrimination law? Describe the procedure generally followed when processing
a complaint.

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5 points Save AnswerSave Answer

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Q U E S T I O N 8

What is a “right to sue” letter and what is its significance?

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Q U E S T I O N 9

What is the next step for an employee if a “right to sue” letter is issued?

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2 points Save AnswerSave Answer

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Q U E S T I O N 1 0

Can an employee be forced to forego this next step and utilize an alternative
dispute resolution of the claim? What is that forced ADR? Hint Recall the AB case.

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Q U E S T I O N 1 1

Can state law restrict an employee’s rights under federal law? Why or why not?

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Q U E S T I O N 1 2 5 points Save AnswerSave Answer

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Can state law grant an employee broader antidiscrimination rights than that
provided by federal law? If so, give an example. Hint: Illinois Human Rights Act
link. What protected class does the IHRA include that federal law does not? Can a
business in Illinois refuse service to the LBGT customers in light of this provision?
Hint: Public accomdation.

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Q U E S T I O N 1 3

Is an employee that asserts discrimination complaints given any protection? If so,
describe what protections are granted and what is the significance of that
protection?

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Q U E S T I O N 1 4

What provision is made to help employees obtain legal counsel when pursuing
antidiscrimination claims?

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Q U E S T I O N 1 5

What is a hostile work environment under federal antidiscrimination law?

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Q U E S T I O N 1 6

What steps can an employer take to minimize the exposure claims of a hostile
work place.

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Q U E S T I O N 1 7

What are anti-nepotism and anti-fraternization personnel policies and explain how
those policies may help limit hostile workplace claims?

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Q U E S T I O N 1 8

What is quid pro quo discrimination. What liability does an employer have for quid
pro quo discrimination?

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Q U E S T I O N 1 9

How may religious beliefs effect work schedules?

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Q U E S T I O N 2 0

What is a qualified worker under federal disability law? How does an employer
determine who is or is not a qualified worker? Discuss in detail!

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4 points Save AnswerSave Answer

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Q U E S T I O N 2 1

What is a reasonable accommodation under ADA? When must an employer offer
one. What factors are considered? What if the adjustment assists the employee
both on and off the job?

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4 points Save AnswerSave Answer

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Q U E S T I O N 2 2

When does a qualified worker have a disability that is protected under federal law?
Discuss each category of disability recognized under federal law.

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Q U E S T I O N 2 3

Are there stated exclusions from coverage of ADA? Can an employer test current
employees for illegal drugs?

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Q U E S T I O N 2 4

Is alcoholism a covered disability under federal law? If so, when can an employer
discipline an employee for alcohol use?

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Q U E S T I O N 2 5

Is prescription drug addiction a covered disability under federal law? If so, when
can an employer discipline an employee for prescription drug use?

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Q U E S T I O N 2 6

Is illegal drug use a covered disability under federal law? If so, when can an
employer discipline an employee for illegal drug use? Can an employer discipline
when the employee has previously or is currently in treatment for illegal drug use?

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Q U E S T I O N 2 7

Review & respond to ADA exercise #1 found in the Disability & Discrimination Hypo
link. Give the reasons that underlie your response.

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Q U E S T I O N 2 8

Review & respond to ADA exercise #2 found in the Disability & Discrimination Hypo
link. Give the reasons that underlie your response. What if Jill was diagnosed with
PTSD by a physician that recommended the change in work schedule and the
change would not cause an undue hardship? Can an employer request medical
documentation? May an employer require an employee undergo an examination
before granting the request?

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Q U E S T I O N 2 9 3 points Save AnswerSave Answer

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Review & respond to ADA exercise #3 found in the Disability & Discrimination Hypo
link. Give the reasons that underlie your response.

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Q U E S T I O N 3 0

Review & respond to ADA exercise #4 found in the Disability & Discrimination Hypo
link. Give the reasons that underlie your response.

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Q U E S T I O N 3 1

Explain what impact antidiscrimination & disability legislation has had on what
information an employer can compile on an employee, including preemployment
inquiries.

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Q U E S T I O N 3 2

Generally, what questions may an employer not ask during the preemployment
inquiry?

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Q U E S T I O N 3 3

Generally, what questions may an employer ask during the preemployment
inquiry?

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Q U E S T I O N 3 4

What role does a written job description play in the preemployment inquiry? How is
it employed in the interview process? What may an employer ask about the job
description? Discuss all the possible responses a candidate may give and what an
employer may or may not do in response to each.

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Q U E S T I O N 3 5

At what point in the hiring process may any testing (physical, mental, ability) be
done? Does something need to be done first?

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Q U E S T I O N 3 6

Can an employer test an employee for drugs? Under what circumstances may that
occur?

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Q U E S T I O N 3 7

Can an employer consider criminal records in the preemployment inquiry? In
Illinois are some permissible and some not? Identify each.

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Q U E S T I O N 3 8

Can an employer consider credit records in the preemployment inquiry? What
about Ilinois?

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Q U E S T I O N 3 9

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Q U E S T I O N 3 9

Can an employer consider worker compensation claims or records in the
preemployment inquiry?

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2 points Save AnswerSave Answer

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