Bob, an environmental enthusiast, volunteers to work as an intern at Green Dragon International, a non-profit organization dedicated to environmental protection. Green Dragon hires Bob without any pay. Which of the following is most likely to be true in this case?
Under the Employee Retirement Income Security Act (ERISA), a…
Under the Employee Retirement Income Security Act (ERISA), a welfare plan is any plan, program, or fund that the employer maintains to provide the following: medical, surgical, or hospital care; benefits for sickness, accident, disability, or death; unemployment benefits; vacation benefits; apprenticeship and training programs; day care centers; scholarship funds; prepaid legal services; or severance pay.
Bob, a critical care nurse at a private hospital, tests posi…
Bob, a critical care nurse at a private hospital, tests positive for HIV during one of the routine health checkups conducted for all hospital employees. Whenever an employee whose job requires him or her to have direct contact with patients tests positive for a blood-borne disease, the hospital shifts him or her to a desk job with no change in his salary. Bob refuses this arrangement. He requests that the hospital hire a part-time nurse to follow him on his shift and to keep a check on him. The hospital denies his request and fires Bob because of his unwillingness to move to the desk job. Which of the following holds true in this case?
When establishing a prima facie case to proceed with a claim…
When establishing a prima facie case to proceed with a claim of religious discrimination, an employee need not establish that he has informed an employer of the conflict.
The requirement of reasonable accommodation means that the e…
The requirement of reasonable accommodation means that the employer must modify a full-time position to create a part-time position for the disabled employee if he or she is unable to perform the essential functions of his or her current full-time position with or without reasonable accommodations.
A charging party has 120 days after he or she receives a rig…
A charging party has 120 days after he or she receives a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC) to sue his or her employer in federal court.
Legal problems are likely to arise when temporary workers ar…
Legal problems are likely to arise when temporary workers are kept on for a long time and do the same work as employees. These “temporary workers” may challenge their exclusion from employment benefits.
An employee’s religion usually qualifies as a religion accor…
An employee’s religion usually qualifies as a religion according to Title VII (of the Civil Rights Act of 1964) if the claimant’s beliefs are sincerely held.
Bob was employed by Farmersville City Bank. He left the comp…
Bob was employed by Farmersville City Bank. He left the company voluntarily after he ended a personal relationship with Mary, the branch manager, who was his boss. When a prospective employer contacted the bank for a reference, Mary told him that Bob had been fired for misconduct. Bob did not get the job. In this case, Bob has a cause of action for _____.
The duty to reasonably accommodate an employee’s legitimate…
The duty to reasonably accommodate an employee’s legitimate religious practices requires an employer to: