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Grizzly Bear Inc. is a consulting firm. Mary and Bob are analysts for Grizzly  Bear. Bob was hired as an employee, and Mary was hired as an independent contractor. They both work five days a week during standard business hours in the same Grizzly Bera office and under the same supervisor. Both almost share the same job responsibilities. Bob is paid a salary and the required federal and state tax withholdings are also made by the company. In contrast, Mary is paid by the project with no federal and state withholdings and does not even receive benefits such as retirement and health insurance. Which of the following is an implication of this scenario?

Employers historically have had the right to discharge an employee whenever they wished to do so, but they are required to give at least two weeks’ notice.

Mary, a black woman, had been working as an associate photographer for Pretty Peacock Magazine for five years. When the chief photographer position was open, Mary applied for the position but did not get selected. Instead, Debra, a white woman, was appointed as the chief photographer. Even though Mary was aware that Debra had better qualifications and experience to be a chief photographer, she filed a racial discrimination claim with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this scenario?

Whistle-blowing occurs when an employer reports an employee’s wrongdoing.

Bob occasionally compliments his secretary when he arrives at the office, saying things like, “Mary, you look nice today,” or “That’s a pretty dress.” In this case, Mary would likely have a claim for sexual harassment.

An employer can avoid liability for racial harassment by showing that the:

Mary comes to work in clothes that are highly reflective of her national origin. This happens to violate the dress code of her workplace. After being politely asked to follow the office dress code several times by her supervisor, Mary is finally asked to return home and change into clothing that conforms to the company’s dress code. Which of the following holds true if Mary decides to file a discrimination claim based on national origin?

Major Tire Inc.’s manufacturing plant in Galveston was destroyed when Hurricane Armand hit the coast. The company officially closed the facility after reviewing the damage and terminated all 500 workers. The company did not give the employees 60 days’ notice, and thus, it is liable under the Worker Adjustment and Retraining Notification Act.

In a pre-employment interview, an employer should avoid asking if an applicant or a potential employee:

Bob’s Painting Service employs three temporary workers without conducting adequate background checks. It so happens that one of the workers, Joe, had been convicted of rape and had just been released from prison. While working for Bob, Joe attacks and rapes the owner of the house that was being painted. Which of the following claims can the victim make against Bob’s Painting Service?