Author: Anonymous

Bob is the owner of Eager Beaver Cleaning and Housekeeping Services. He never hires or promotes a black applicant to the position of supervisor because he believes that his predominantly Asian crew will not follow instructions from a black supervisor. Thus, Bob is liable for:

Bob applies for a housekeeping job at the Black Swan Hotel. His application is rejected on the basis that the hotel is looking for female housekeepers as the job primarily involves maintaining the ladies’ restrooms. If Bob files an employment discrimination claim against the Black Swan Hotel, which of the following defenses can the hotel use to protect itself?

An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate, non-discriminatory reason for the action taken against the charging party.

To determine whether a worker is an employee or an independent contractor, the Internal Revenue Service (IRS) 20-factor analysis includes a consideration of whether:

For all newly hired workers, within 3 days, the employer must verify employment eligibility by completing federal form H2-17.

If there is a 706 agency in an employee’s jurisdiction, the employee has 300 days rather than 180 days within which to file.

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of citizenship when:

Title VII does not cover U.S. citizens employed by American employers outside the United States.

In the context of unwelcome sexual activity, if the activity started out being consensual and one employee calls a halt to it and the other continues:

Generally, as long as the employer is giving the unpaid intern meaningful learning opportunities, it is lawful for the employer to benefit from the intern’s work.