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States vary widely as to whether they will enforce employee non-compete agreements.

Mary works as a salesperson at Bob’s Greenhouse. While demonstrating to a customer how to use a hedge trimmer, she accidentally cuts the customer on the arm, requiring a visit to the hospital and several stitches. Which of the following is true of the scenario?

Mary, a U.S. citizen, was employed with Blue Whale Mica Inc. in its London office. Blue Whale Mica Inc. is a Delaware-based corporation with its principle place of business in New York. Mary was recently laid off, and she believes she was a victim of gender discrimination. In this scenario, Mary:

As a general rule, disciplining one gender for an act for which the other gender is not disciplined is unlawful under Title VII of the Civil Rights Act of 1964.

Emmanuel & Petersen LLP is a reputed law firm that specializes in litigation. The firm is looking for a qualified person to fill the secretary position. A criterion for selection is that the person should be able to type at least 65 words a minute. If a group of male applicants challenges this policy as being discriminatory against generally slower-typing males, the company could defend the typing-speed requirement as a:

Since women are the people who can conceive and maintain a pregnancy, employers can apply fetal protection policies to women and not men without violating Title VII of the Civil Rights Act of 1964.

Mary works as a sales clerk at Squirrel Eyes, an upscale cosmetic brand. Bob is also a sales clerk in the same store. They were both hired the same year and have similar experience and qualifications. However, Bob is routinely paid more than Mary. If Mary files a claim under the Equal Pay Act, Mary will lose if Squirrel Eyes pays:

Quid pro quo sexual harassment occurs when a harasser creates an abusive or intimidating work environment but does not engage in sexual activity.

Even if a hospital’s male orderlies and female aides perform substantially the same job, under the Equal Pay Act, they do not need to receive the same pay because of the difference in job titles.

In an employment discrimination case, the ultimate burden of persuasion remains always on the defendant.