$12)$ Please answer the question: After the plaintiff establishes a prima facie case under the McDonnell Douglas framework, what are the next steps in the process? $(***$ please choose the correct option A$-$D$)$

A$)$The court immediately rules in favor of the plaintiff without further proceedings.

B$)$The plaintiff must drop the case if the employer denies the allegations.

C$)$The employer must provide direct evidence of non$-$discriminatory intent, and then the court decides the case.

D$)$The burden shifts to the employer, who must articulate a legitimate, non$-$discriminatory reason for the adverse employment action, and then the plaintiff must prove that this reason is a pretext for discrimination.

$13)$ Please answer the question: A Motion for Summary Judgment $($MSJ$)$ is a type of Motion to Dismiss. $(***$ please choose the correct option A$-$D$)$

A$)$the case should move to immediate judgment because there have been too many delays.

B$)$the plaintiff's case is so strong that the court should immediately rule in their favor.

C$)$even if all of the plaintiff's allegations were true, the plaintiff still doesn't have a valid legal claim.

D$)$all of the plaintiff's allegations in the complaint are scandalous and defamatory.

$14)$ Please answer the question: Which of the following best describes the phrasing of the strict scrutiny test used by courts? $(***$ please choose the correct option A$-$D$)$

A$)$The law must be the least restrictive means to achieve a legitimate government interest.

B$)$The law must be narrowly tailored to achieve a compelling government interest.

C$)$The law must be reasonably related to a legitimate government interest.

D$)$The law must be substantially related to an important government interest.

$17)$Please answer the question: Which statement is FALSE when it comes to the MCAD and EEOC? $(***$ please choose the correct option A$-$D$)$

A$)$Most Massachusetts employment law attorneys prefer to file with the MCAD

B$)$The MCAD protects more categories of people.

C$)$Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to "cross$-$file" the claim with the other agency.

D$)$You can collect more money if you only file with the EEOC.

$18)$Please answer the question: What is the primary purpose of Ban the Box laws? $(***$ please choose the correct option A$-$D$)$

A$)$To prohibit employers from running credit checks on employees to prevent bias against those with financial difficulties.

B$)$To prohibit employers from asking about an applicant's salary history during the hiring process to reduce discrimination against those without generational wealth.

C$)$To delay inquiries about an applicant's criminal history until later in the hiring process to reduce employment barriers for individuals with criminal records.

D$)$To ban employers from asking about race, gender, sexual orientation, or religion.

$20)$Please answer the question: Plaintiffs who file a lawsuit based on an employer's failure to reasonably accommodate a disability must prove several elements by a preponderance of the evidence. We know that such plaintiffs do NOT have to prove that they suffered an adverse employment action. Which of the following is also NOT one of the elements plaintiffs must prove? $(***$ please choose the correct option A$-$F$)$

A$)$The employer's refusal to accommodate was intentional and malicious.

B$)$Their need for accommodation was made known to the employer.

C$)$One or more reasonable accommodations exist that the employer did not provide.

D$)$They are not a direct threat to their own health and safety or that of others.

E$)$They have a disability that substantially limits one or more major life activities.

F$)$They are qualified for the job and meet all job$-$related requirements.

$21)$Please answer the question: Historically, one element of retaliation claims has been harder to prove than others, like in the Strothers v City of Laurel case. This element is part of the plaintiff's prima face case. Which element is this? $(***$ please choose the correct option A$-$D$)$

A$)$That the plaintiff suffered damages.

B$)$The plaintiff was subjected to a materially adverse action.

C$)$The plaintiff engaged in protected activity

D$)$There is a causal link between engaging in the protected activity and the materially adverse action taken by the employer.

$22)$ Please answer the question True or False: An accommodation is considered an undue burden if it requires significant difficulty or expense relative to the employer's size, resources, and the nature of the business. $(***$ Please choose if it is True or False$)$

$23)$Please answer the question: Which type of opinion is the law? In other words, which one is considered precedent? $(***$ please choose the correct option A$-$D$)$

A$)$majority opinion

B$)$concurring opinion

C$)$dissenting opinion

D$)$none of these