The employees of Poodle Manufacturing Corp. are represented by a union. All the mechanics who repair the company’s equipment work day shifts, which means that if equipment breaks down in one of the other shifts, Poodle has to pay overtime or suffer lost production. Poodle proposes to the union that the mechanics be assigned rotating shifts to solve the problem, but the union refuses. Poodle then unilaterally changes the shift assignments in accordance with its proposal. The union, sensing malpractice, goes on strike, and Poodle replaces the striking mechanics. Later, the National Labor Relations Board finds that Poodle has indeed committed malpractice. If the striking mechanics make an unconditional offer to return to work, Poodle:
Unlike Title VII of the Civil Rights Act of 1964, there is n…
Unlike Title VII of the Civil Rights Act of 1964, there is no protection from reverse discrimination.
When a claim is pretextual, it means that it is the true rea…
When a claim is pretextual, it means that it is the true reason for an action, that there is no other underlying motivation.
If the disability claimed by an employee is based on a disea…
If the disability claimed by an employee is based on a disease, the court will determine whether the employee is otherwise qualified by:
The term essential functions of a job, as used in the Americ…
The term essential functions of a job, as used in the Americans with Disabilities Act (ADA), best refers to:
If an employee-plaintiff proves that the employer-defendant…
If an employee-plaintiff proves that the employer-defendant “willfully violated” the Age Discrimination in Employment Act (ADEA), then the court is also allowed to award liquidated damages in an amount equal to unpaid wage liability.
Under the Americans with Disabilities Act (ADA), which of th…
Under the Americans with Disabilities Act (ADA), which of the following is a reasonable accommodation that an employer is required to provide to a disabled employee?
An employer will be held responsible under the Occupational…
An employer will be held responsible under the Occupational Safety and Health Act (OSHA) even where it is physically or economically impossible for the employer to comply with a safety requirement.
Under the Americans with Disabilities Act (ADA), an individu…
Under the Americans with Disabilities Act (ADA), an individual is disabled:
Who among the following has committed the tort of libel?
Who among the following has committed the tort of libel?