Sport Law A Managerial Approach 3rd Edition Linda A Sharp, Anita M Moorman, Cathryn L Claussen - Solutions

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Which of the following prohibits terminating a female employee because she is pregnant?a. Title VIb. The Equal Pay Actc. ADAd. None of the above
The EEOC’s Enforcement Guidelines on Sex Discrimination in the Compensation of Sports Coachesin Educational Institutions indicate that the sex of the athletes being coached does not justify a salary disparity between the women’s and the men’s basketball coaches when the institution has done
Religious speech is protected by both the Free Exercise Clause and the freedom of speech portion of the First Amendment to the Constitution. True/False
Under Title VII, discrimination on the basis of religion is treated differently from the other protected classes in that:a. An employer must provide a reasonable accommodation for religionb. Religion is a suspect classc. Religion is a choice, unlike race or sexd. Religion is not covered by
An injury occurring during work hours will generally arise out of employment for purposes of workers’ compensation. True or False
Professional athletes’ efforts to seek workers compensation benefits in states other than those in which they reside has been curtailed using which of the following types of contractual provision found in most player contracts?a. Mediationb. Choice of Lawc. Transferd. Home State Performance
In the area of sex discrimination, whom does Title VII protect?a. Only womenb. Women from all forms of sex discrimination, but it protects men from salary inequity onlyc. Both men and womend. None of the above
According to the National Labor Relations Act, a pro sport team owner who engages in employment discrimination against a player who expresses support for a players association has engaged in an unfair labor practice. True/False
Which of the following was a central issue in the Anderson v. Little League Baseball case regarding a first base coach who was confined to a wheelchair?a. That he was smart enough to coach Little League baseball.b. That he would give Little League baseball a bad image.c. That he posed a direct
Which of the following are the two theories of liability for employment discrimination under Title VII?a. Disparate ability and disparate treatmentb. Disparate treatment and disparate impactc. Injunctive relief and pretextd. Inference and pretext
A defendant in a disparate treatment lawsuit must offer proof that the plaintiff was rejected for which of the following reasons?a. For some legitimate nondiscriminatory reason b. Based on a business necessityc. Because of pretextd. For prima facie reasons
When a plaintiff challenges a neutral hiring rule by bringing statistical evidence of its negative effect on members of a protected class in a relevant workforce pool, she is relying on a Title VII theory of liability known as _____:a. Disparate treatmentb. Petextc. Inferenced. Disparate impact
The bona fide occupational qualification (BFOQ) defense is available under Title VII for claims of employment discrimination based on which of the following?a. Sex and raceb. Sex and religionc. Race and religiond. None of the above
The McDonnell Douglas burden-shifting test is the analytical framework for deciding employment-discrimination lawsuits under which of the following?a. Title VIIb. ADEAc. ADAd. All of the above
The law that requires that women receive equal salaries as men for doing work that requires equal skill, effort, and responsibility, and that is performed under similar working conditions, is known as _____.a. Title VIIb. Title IXc. The Equal Pay Actd. None of the above
Which of the following prohibits terminating a female employee because she is pregnant?a. Title VIb. The Equal Pay Actc. ADAd. None of the above
The EEOC’s Enforcement Guidelines on Sex Discrimination in the Compensation of Sports Coachesin Educational Institutions indicate that the sex of the athletes being coached does not justify a salary disparity between the women’s and the men’s basketball coaches when the institution has done
In the area of sex discrimination, whom does Title VII protect?a. Only womenb. Women from all forms of sex discrimination, but it protects men from salary inequity onlyc. Both men and womend. None of the above
List the three tests courts use to analyze discrimination under the Equal Protection Clause. Be sure to provide the name of the test, the group to which it applies, and the specific language that comprises each test.
Hostile environment harassment, a type of sexual harassment, must be sufficiently severe that it has a significant negative effect on the harassed employee’s job performance. True/False
In order for a court to find that hostile environment sexual harassment has occurred, there must have been _____:a. Conduct of a sexual or gender-based nature that is repeated and pervasiveb. Conduct of a sexual or gender-based nature that is unwelcomec. Mutual flirting or dirty jokesd. Both a
List the four factors the Supreme Court identified in Harris v. Forklift Systems that a court may consider in determining whether or not a hostile work environment exists.
Enterprise coverage under the FLSA applies to employees who work for businesses with at least 20 employees and that do at least $1,500,000 a year in business. True or False
Which of the following was a central issue in the Anderson v. Little League Baseball case regarding a first base coach who was confined to a wheelchair?a. That he was smart enough to coach Little League baseball.b. That he would give Little League baseball a bad image.c. That he posed a direct
The FLSA does not regulate nor require which of the following?a. Pay raises, fringe benefits, sick pay, or overtime payb. Minimum wages, holiday pay, discharge noticesc. Immediate payment of final wages or vacation timed. Record keeping, minimum wages, or rest periods
Explain the three steps in the McDonnell Douglas burden-shifting analysis used in deciding certain employment discrimination claims.
More than one occurrence of quid pro quo sexual harassment is required before a court will find the harasser liable. True/False
Which of the following are the two types of sexual harassment recognized under Title VII of the Civil Rights Act of 1964?a. Caveat emptor and hostile environmentb. Caveat emptor and sexual impositionc. Quid pro quo and hostile environmentd. Quid pro quo and sexual imposition
Give one example of same-sex hostile environment harassment that is actionable and one that is not.
Employers are required to pay extra to an employee who works on a holiday. True or False
According to the FLSA, what is the maximum working hours per week and minimum wage currently established in the United States?a. 44 hours; $6.50 per hourb. 42 hours; $5.85 per hourc. 40 hours; $7.00 per hourd. 40 hours; $7.25 per hour
Which of the following are the two theories of liability for employment discrimination under Title VII?a. Disparate ability and disparate treatmentb. Disparate treatment and disparate impactc. Injunctive relief and pretextd. Inference and pretext
List the three laws under which coaches of women’s college athletics teams have brought suit for being denied equity in coaching salaries.
Examples of conduct that may contribute to a hostile work environment include unwelcome touching, obscene jokes, and displays of sexually suggestive posters. True/False
An employee who worked at the Space Mountain Ride at Disney World and who had recently died her hair green and gotten it spiked wants to sue Disney Corp. for violating her First Amendment right of freedom of speech after the company fired her for violating their grooming code rule. Can she win this
List three of the seven factors a court will consider in determining the reasonableness of an employer accommodation for an employee’s religious practices.
An employee’s job title will determine whether she is an exempt employee for such purposes as minimum wage and overtime pay requirements under FLSA. True or False
Which of the following is the critical time period for purposes of calculating overtime requirements under the FLSA?a. Number of days per week that an employee works in excess of 8 hoursb. Number of hours worked over the maximum permitted during a 7-day work weekc. Number of hours worked over a
A defendant in a disparate treatment lawsuit must offer proof that the plaintiff was rejected for which of the following reasons?a. For some legitimate nondiscriminatory reason b. Based on a business necessityc. Because of pretextd. For prima facie reasons
Hostile environment sexual harassment claims may be brought when the offensive conduct is not sexual in content but is instead based on the victim’s gender. True/False
A country club manager withholds a pay raise for a golf pro because the golf pro would not engage in a sexual relationship with her. This is an example of which of the following?a. Hostile environment sexual harassmentb. Quid pro quo sexual harassmentc. Disparate impact discriminationd. Reverse
Explain the concept of employer liability for both quid pro quo and hostile environment types of sexual harassment by a supervisor. Also, describe what the employer would have to do to establish an affirmative defense and for which type of harassment that defense would be applicable.
The Department of Labor is responsible for investigating alleged violations of the FLSA. True or False
According to the salary basis test for determining whether an employee is exempt as an administrative professional, which of the following must the employer demonstrate?a. The employee’s salary is at least $23,660b. The employee’s duties are primarily involved in administrative business
When a plaintiff challenges a neutral hiring rule by bringing statistical evidence of its negative effect on members of a protected class in a relevant workforce pool, she is relying on a Title VII theory of liability known as _____:a. Disparate treatmentb. Petextc. Inferenced. Disparate impact
Private sector employers who impose dress and/or grooming codes on their employees are usually found to have violated Title VII. True/False
Which of the following prohibits employer retaliation against employees who seek justice when faced with discrimination?a. Title VIIb. Title IIc. Title Id. Both a and b
Explain the Pickering balancing test and provide an example of how it would apply to a set of facts in a sports employment context.
An employee is entitled to workers’ compensation benefits for any work-related injury or illness regardless of who was at fault. True or False
If a sport organization is going to use interns (without pay) in their operations, it should take care to do which of the following?a. Provide close supervisionb. Have a formal agreement that acknowledges the interns are working without payc. Provide the interns with professional development and
The bona fide occupational qualification (BFOQ) defense is available under Title VII for claims of employment discrimination based on which of the following?a. Sex and raceb. Sex and religionc. Race and religiond. None of the above
A coach who is fired for complaining about gender equity problems with his girls’ basketball team has a legitimate retaliation claim under Title IX. True/False
When a Black supervisor repeatedly taunted a Black employee by calling him “nigger” and referring to his Caucasian wife as “whitey,” a court found which of the following about the employee?a. He had no legal recourse.b. He had a legitimate claim under Title IX.c. He had a legitimate
Administrative exemptions from FLSA apply to any person working in an management position. True or False
OSHA has two primary regulatory functions, as follows:a. Setting standards and inspecting workplacesb. Inspecting workplaces and conducting health and safety researchc. Setting standards and regulating the workplaces of public employeesd. Supervising state safety boards and inspecting unsafe
The McDonnell Douglas burden-shifting test is the analytical framework for deciding employment-discrimination lawsuits under which of the following?a. Title VIIb. ADEAc. ADAd. All of the above
Racial harassment is not a legitimate claim under Title VII. True/False
When a government employee is fired for engaging in free speech activity, the court will balance the interests of the employer in efficiently providing its services against whether the speech involved a _____.a. Dress codeb. Matter of public concernc. Nuisanced. Harassment issue
The use of unpaid interns in the sport industry is permitted under FLSA if the employer can prove it is entitled to an exemption. True or False
Which of the following is the OSHA standard/clause that requires that each employer furnish a place of employment that is free from recognized hazards?a. Specific hazard standardb. General safety standardc. Specific duty claused. General duty clause
The law that requires that women receive equal salaries as men for doing work that requires equal skill, effort, and responsibility, and that is performed under similar working conditions, is known as _____.a. Title VIIb. Title IXc. The Equal Pay Actd. None of the above
A court has ruled that the First Amendment protects a coach who calls his players “niggers” in order to motivate them to play more aggressively. True/False
Title VII may provide a remedy for discrimination on the basis of:a. Religious speechb. Observance of religious holidaysc. Both a and bd. None of the above
An athletic trainer is most likely subject to both specific hazard standards and the general duty clause of OSHA. True or False
The essential elements of a workers’ compensation claim require that a compensable injury must have occurred, the injury must arise out of employment, and:a. The injury was accidentalb. The injury was severec. The injury was not the fault of the employeed. The injury was intentionally
Which of the following is the reason why a Y’s activities director may not ignore the cultural differences of her employees related to ethnicity or religion?a. The antidiscrimination laws are given greater weight in the context of recreational servicesb. The Fourth Amendment protects her
The modern rule regarding college student-athletes is that they are not employees for purposes of workers’ compensation. True or False
Why are most college athletes unsuccessful in recovering workers’ compensation benefits?a. They are not considered professionalsb. They are not considered employeesc. They have waived their rights to benefitsd. They received no direct financial benefits for their participation
In the Williams case, the court upheld the termination of an athletic director who was fired for writing a memo to the principal exposing the school’s corrupt financial accounting practices―because his statements were made pursuant to his official job duties and thus were not protected speech
In the Borden locker room prayer case, the 3rd Circuit Court made which of the following decisions?a. It held that Coach Borden’s silent participation (kneeling) in student-led team prayer was not protected speech because it was not a matter of public concern.b. It applied the Garcetti analysis
Identify the six criteria required by the Department of Labor to qualify for the trainee (intern) exemption from minimum wage and overtime laws.
Identify the five factors that courts often consider when determining whether an injury arose out of the employment of the injured employee.
Generally, it is acceptable for an all-female fitness center to hire only female fitness instructors based on indications of customer preference and on privacy concerns. True or False
The Age Discrimination in Employment Act (ADEA) protects against employment discrimination based on the notion that an employee is either too old or too young. True or False
It will likely be harder for a male coach of a collegiate women’s basketball team than a female coach to attempt to win a lawsuit that seeks pay equal to that of the person coaching the men’s basketball team. True or False
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination directed at the protected classes of race, color, religion, sex, and national origin. True or False
Bona fide private membership clubs are exempt from Title VII. True or False
An organization can never be vicariously liable for the acts of a volunteer. True or False
In Anderson v. Little League Baseball, the decision by the Little League to prohibit a man from coaching first base while in a wheelchair was supported by the court as a decision that did not violate the Americans with Disabilities Act. True or False
Control over the day-to-day details of a party’s work is consistent with a finding that the party is an independent contractor. True or False
People with learning disabilities are not protected under the Americans with Disabilities Act nor under section 504 of the Rehabilitation Act. True or False
Negligent hiring occurs when an employer breaches its duty to hire safe and competent employees. True or False
If a person is infected with the HIV virus, that person is considered to have a disability covered under the Americans with Disabilities Act and under section 504 of the Rehabilitation Act. True or False
Scope of employment means that an employee is acting to advance the business of the employer. True or False
Under the Americans with Disabilities Act, an employer may not discriminate against a qualified individual with a disability. This means that the employer must provide reasonable accommodation to the employee unless that accommodation would cause the employer undue hardship. True or False
The employer’s liability under the principle of vicarious liability/respondeat superior is primary, that is, the employer itself has engaged in some wrongdoing for which it should be responsible. True or False
Melissa Ludtke, the sports reporter who was denied access to the New York Yankees locker room because she was female, lost her lawsuit because the court felt that the privacy of the players could be protected in no other way. True or False
__________ refers to the legal competence of a party to enter into a contractual relationship.a. Legalityb. Considerationc. Integrationd. Capacity
When might an organization may be vicariously liable for the actions of a volunteer?a. If the volunteer is being partially compensatedb. If the volunteer is also an athletec. If the organization exerts day-to-day control over the volunteerd. None of the above; the organization is never liable for
What is the name of a one- or two-page summary that outlines key features of a case?a. Summary judgmentb. Case briefc. Preliminary injunctiond. Appellate brief
In an employment contract, the reassignment clause gives an employer the right to transfer an employee to a different employment position than the one for which he or she was originally hired. True or False
_______________ is a broader approach that looks at all risks that could affect an institution’s financial health.a. Risk managementb. Risk transferc. Risk eliminationd. Preventive law
Primary legal resources include statutes, constitutions, law dictionaries, and legal encyclopedias.
Why is an employee’s intentional tort usually outside the scope of employment?a. It is done to further the employee’s own interests.b. It is done to further the employer’s interests.c. It is often also a crime.d. Negligent hiring has occurred.
The preventive law process should be undertaken only once and then forgotten. True or False
The amount of authority designated by the principal to an agent is known as promised authority. True or False
Which of the following prohibits improper interference with existing contracts?a. Tortious interference with contractual relationsb. Misrepresentationc. Contractual freedomd. Good faith and fair dealing
The most common forms of alternative dispute resolution are arbitration and mediation.
Private methods for resolving disputes without going to trial are known collectively as which of the following?a. Privity of contractb. Alternate dispute resolutionc. Discoveryd. Depositions
The preventive law plan should be incongruent with your organization’s core values. True or False

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Sport Law A Managerial Approach 3rd Edition Linda A Sharp, Anita M Moorman, Cathryn L Claussen - Solutions

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