Author: Anonymous

The Immigration Reform and Control Act (IRCA) prohibits discrimination against a legal aliens in favor of a U.S. citizen if the U.S. citizen is equally qualified for the position.

Mary worked as a chief chef in the Roasted Tilapia Restaurant (RTR) in Allen. When the management of the restaurant changed, Mary was asked to sign a non-compete agreement to keep her job. The non-compete agreement required Mary not to work as a chef for any other restaurant or open her own restaurant in the United States for the next 15 years if she decided to quit her job at RTR. A court would likely determine that this non-compete agreement:

Business necessity is an element of the plaintiff’s disparate impact claim.

Disparate impact cases are generally statistically based group cases alleging that the employer’s policy, while neutral on its face (facially neutral), has a disparate or adverse impact on a protected group. If such a policy impacts protected groups more harshly than others, illegal discrimination may be found if the employer cannot show that the requirement is a legitimate business necessity.

The First Family Painting Company (FFPC) employs two supervisors, seven painters, four helpers, two schedulers, two carpenters, and one office manager. They are all permanent workers of the company who work throughout the year for eight hours each day. The company’s owner wants to know whether her employees are covered under Title I of the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In this context, which of the following is true?

For an eligibility test to be legally validated as an effective gauge of performance, an employer must show that the test:

Mary wants to file a discrimination claim against her current employers. She consults her lawyer and learns that she cannot directly file a case in court. She needs to first file a case with the Equal Employment Opportunity Commission (EEOC). This is called _____.

Under the Immigration Reform and Control Act (IRCA), employers:

The term “green card” refers to a _____.

An employer may ask the applicant about his ability to do the job and ask him to demonstrate how he would do it.