Question: 7 ) Please answer the question: The _ _ _ _ _ _ defines sexual harassment as:Unwelcome sexual advances, requests for sexual favors, and other

7)Please answer the question: The ______defines sexual harassment as:Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature ... when (*** please choose the correct option A-D)
(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment,
(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
(3) such conduct has the purpose or effect of unreasonably interfering with an individuals work performance or creating an intimidating, hostile, or offensive working environment.
A) Supreme Court of the United States
B) EEOC
C) MCAD
D) Supreme Judicial Court of Massachusetts
8)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 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.
B) The court immediately rules in favor of the plaintiff without further proceedings, unless the employer proves its case beyond a reasonable doubt before trial.
C) The employer must provide direct evidence of non-discriminatory intent, and then the burden of proof immediately shifts back to the plaintiff.
D) All 3 things above must occur in sequential order.
9)Please answer the question True or False: The doctrine of respondeat superior, also known as vicarious liability, refers to the legal principle where an employer is held responsible for the actions of its employees performed within the course of their employment (*** Please choose if it is True or False)
10)Please answer the question by choosing 2 options from below (A-D): Choose the two items below that indicate someone would be an employee. (*** please choose the 2 correct options from A-D)
A) Worker supplies tools to do the job.
B) Owner of business determines work hours, such a when the work day starts and stops.
C) Owner of business supplies all tools needed to do the job.
D) Worker decides when to start and stop work during the day.
11)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)
12)Please answer the question: Which type of ADR is frequently non-binding? (*** please choose the correct option A or B)
A) mediation
B) arbitration
13)Please answer the question: Look at the image above of the Federal Court System. Which court(s) never hear(s) appeals? (*** please choose the correct option A-D)
A) U.S. District Courts
B) All of them hear appeals.
C) U.S. Courts of Appeal
D) United States Supreme Court
14)Please answer the question: A hostile work environment claim is valid when an employee __________(*** please choose the correct option A-D)
A) is subjected to offensive verbal or physical conduct sufficiently severe or pervasive to create an intimidating, abusive work environment in which it becomes more difficult to perform or remain on the job.
B) is forced to work in a work environment where OSHA violations are present and where supervisors are not properly trained about OSHA safety.
C) is dissatisfied with their salary or benefits package, complains to human resources, and is turned down for his or her request to be fairly compensated.
D) experiences extreme and/or outrageous emotional distress due to an incident that occurs outside the scope of employment and then submits his or her resignation.
15)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. Which of the following is NOT one of the elements plaintiffs must prove? (*** please choose the correct option A-D)
A) That they are qualified for the job and meet all job-related requirements.
B) That one or more reasonable accommodations exist that the employer did not provide.
C) That they are not a direct threat to their own health and safety or that of others.
D) That they suffered an adverse employment action
16)Please answer the question True or False: A Bona Fide Occupational Qualification (BFOQ) defense allows hiring preferences based on gender if it is essential to the job. (*** Please choose if it is True or False)
17) Please answer the question: _______ is not considered a protected class. A plaintiff filing a claim on this basis would need an additional basis for a discrimination claim (*** please choose the correct option A-D)
A) Race
B) Weight/Appearance
C) Religion
D) Gender

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