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My Pediatrician, Dr. Pops (Jenkintown,
PA)

My pediatrician, Dr. Pops, has been practicing as part of a
large (100 doctor) consortium for almost forty years. He is getting
close to retirement, but he doesn’t really want to give it up. Even
though the consortium employs hundreds of nurses, one hundred
doctors, and hundreds of staff workers, Dr. Pop’s office is a
one-doctor, five nurse, three physicians’ assistants, and ten staff
worker show.

The hardest thing for Dr. Pops is being on call every weekend,
when he and his wife would like to take short but fun trips. He
feels he can handle his office practice during the week but that he
would like to hire a doctor or two to help him out. Most of all, he
wants the new doctor(s) to take weekend call duty so that he can go
skiing in Vermont! He begins to interview potential new hires.

42. His patients are used to having a male doctor, and Dr. Pops
feels that having a female doctor would be good for the practice so
that kids can see that both genders can be doctors. He recently
hired a male nurse just for this reason – so that kids can see that
nurses can be “boys” or “girls” just as well. He interviews four
doctors for his one or two possible positions. Three of them are
male, and they are better qualified than the other candidate who is
female. The males have better medical school educations, medical
school grades, more experience, more diverse residencies – you name
it. On every single aspect, the three males are better qualified.
Still, he really wants to add a female doctor to his practice to
“round out the team” in terms of gender. What do you advise
him?

a.   Hey, you’re the boss and the top doctor – hire
whoever you really want!

b.   Hmmm … if you like the female doctor better
because she’s female, she should get one of the positions, like you
did with the nurse.

c.   Well, you weren’t sure if you were going to add
one or two doctors – why don’t you hire the best qualified male for
the first spot, and then you can hire the female doctor for the
optional second spot.

d.   Because you are doing it for the kids in the
practice, this is a good reason and you can factor gender into your
decision.

e.   Considering gender in with everything else is
illegal and you shouldn’t do it.

43. Benjamin Mazzei is the doctor who Dr. Pops is most impressed
with – far and away. He wants to offer him a job, but when he meets
with Benjamin a second time there’s a problem. Benjamin tells him
that his religion forbids him from using a phone or a car on the
Sabbath – one of the two days of the weekend. Thus, he wouldn’t be
able to cover weekend call duty as Dr. Pops wanted. Dr. Pops
decides, sadly, not to hire him because he bought new skis and
needs someone to cover him while he is away in Vermont. Is this
legal?

a.   No, this is a violation of Dr. Mazzei’s First
Amendment rights

b.   No, this is a violation of Dr. Mazzei’s Title VII
of the Civil Rights Act rights because Dr. Pops didn’t even try to
see if there was an accommodation

c.   Yes, this is fine because there is no law that
applies here

d.   Yes, this is fine because Dr. Pops is refusing
employment because Dr. Mazzei can’t cover weekend call duty not
because of any religious bias

44. The second doctor, Brad Smith, who Dr. Pops is considering
hiring is openly gay. Dr. Pops doesn’t care, but he knows that some
of his patients’ mothers will be very uncomfortable with this. He
struggles with the issue a bit, knowing he will lose some patients
if he hires a homosexual doctor into the practice. Ultimately, he
decides he isn’t going to cave to some soccer moms’ ridiculous
pressure and he is going to offer Dr. Smith the job. Dr. Smith is
happy to take weekend call duty! Is it legal for Dr. Pops to ask
Dr. Smith not to disclose his sexual orientation to his patients
and their families?

a.   Yes

b.   No, because other workers can discuss their
family status and this is discriminatory

c.   No, because it is an illegal disparate impact
policy

d.   No, because it is an illegal infringement on
First Amendment freedom of speech

e.   No, because sexual orientation is a protected
category under Title VII

45. Dr. Pops hires the female doctor, Alyssa Childs, and Brad
Smith. He is now able to go to Vermont and ski! Each doctor has
requested an individual contract of employment. What should that
contract specify? Dr. Pops wants to get the paperwork done right
and right away!

a.   Typically, if an employee signs the employment
handbook it is the same as an individual contract of
employment.

b.   An individual contract of employment is also
called a collective bargaining agreement, and the terms are
negotiated between the employer and the union

c.   There are no common elements to individual
contracts of employment – anything goes!

d.   These contracts usually specify the length of
time the employee will work for the employer, the amount of money
he/she will be paid, and that there must be “just cause” for the
employer to terminate the contract before the term is up.

e.   These contracts usually specify that the employee
will not compete with the employer for a given length of time after
no longer working there and will not take secrets or client lists
with him/her upon departure.

Emergency Delivery at Smithfield Hospital,
Smithfield, NJ

Late last night, an ambulance brought the Carringtons in to the
trauma unit. After an auto accident, Mrs. Carrington was going into
early labor. Her life and the life of the baby were both at serious
risk. There was no time to waste. After informing Mr. Carrington of
this fact, Mr. Carrington stated that he and his wife did not want
any African-Americans touching his wife or the baby. Mrs.
Carrington, despite being in great distress, confirmed this was
true. He also stated that he didn’t want anyone touching his wife
or the baby who was not a heterosexual.

The doctor on call, Dr. Mavis, was African-American as were four
of the five emergency room nurses on staff. Smithfield Hospital has
a nondiscrimination policy in accordance with the law. It is not
clear at this time what the sexual orientations of the staff
members were. Mr. Carrington stated that if their wishes were not
respected, they would sign themselves out of the hospital “against
medical advice.” Although Mr. Carrington was injured, his injuries
were nowhere near as serious as the injuries sustained by Mrs.
Carrington and the baby she was carrying. Dr. Mavis was clear – if
the baby wasn’t delivered immediately, both Mrs. Carrington and the
baby would likely die. Mr. Carrington refused to listen and loudly
stated that he and his wife were leaving.

The one original emergency room staff member who was not
African-American refused to treat any of the Carringtons if his
team wasn’t permitted to treat them. Smithfield Hospital’s
management decided to bring in a staff from a different unit to
accommodate the Carringtons’ wishes. After treatment, Mrs.
Carrington delivered a premature but healthy Baby Carrington and
all three family members are out of medical danger.

46. Did the hospital act legally?

a.   Yes, because it must respect its patients’
wishes

b.   Yes, because it was an emergency and the baby
could have died

c.   Yes, because it was a health and safety issue

d.   No, this was illegal racial discrimination by the
hospital

47. If Dr. Mavis decided to sue the Carringtons under Title VII
of the Civil Rights Act, would she win?

a.   Yes, because they racially discriminated

b.   Yes, because they caused harm

c.   No, because they are not her employer

d.   No, because they were in New Jersey

48. If Dr. Mavis decided to sue Smithfield Hospital under Title
VII of the Civil Rights Act, would she win?

a.   Yes, because they violated Title VII

b.   No, because there was a health and safety
issue

49. If credible research showed that Smithfield Hospital was
located in an area where most residents
held bigoted attitudes, what should the hospital do under the
law?

a.   Adopt a policy that complied with its’
customers/patients wishes

b.   Figure out a way that staffing requests could be
met with minimal disruption

c.   Refuse to violate the discrimination laws and
their own nondiscrimination policy

d.   Hire with those racial preferences in mind

50. What if the hospital, to get around future “Carrington”
problems, decided only to hire light-skinned African Americans in
the hopes that they could “pass” for white under emergency
conditions like this one. Is this a good idea?

a.   Yes, under the doctrine of employment at
will.

b.   Yes, it gets them around all sorts of potential
problems.

c.   No, it is illegal racial discrimination under
Title VII

d.   No, it is illegal color discrimination under
Title VII

e.   No, it is illegal under the Stupid Employer
Decision Act of 2014.

51. What is it called when you ask the Supreme Court of the
United States to hear your claim?

   a. Petition for appellate jurisdiction

   b. Petition for judgment notwithstanding the
verdict (JNOV)

   c. Petition for bona fides

   d. Petition for certiorari

   e. Petition for diversity jurisdiction

52. What is it called when a judge has to follow the rulings of
higher courts on similar cases with similar facts and legal
issues?

a.   Certiorari

b.   Bona fides

c.   Prima Facie

d.   Stare Decisis

e.   Judge on judge bullying

53. A plaintiff needs to allege a list of elements of a claim in
order to proceed to bring a legal action on them. What is this list
called in Latin?

a.   Certiorari

b.   BFOQ (Bona Fide Occupational Qualification)

c.   Prima Facie

d.   Deus ex machine

e.   Veni, vidi, vici

54. Let’s say you’re a plaintiff in a wrongful dismissal case.
You want to bring suit in federal court, not state court. What do
you need to get your case heard by the federal court?

a.   Federal trial courts will hear any cases that are
brought to them

b.   Diversity of state citizenship with your employer
plus a minimum claim dollar amount

c.   You need to be suing under a federal law, like
Title VII or the ADA

d.   Either a or c, but not b

e.   Either b or c but not a

55. After the plaintiff alleges a cause of action, and the case
proceeds, the plaintiff needs to come up with proof to support his
or her claim. How does the plaintiff gather facts relevant to his
or her claim to be used in court?

a.   Requests for answers to interrogatories about
facts relevant to the claim

b.   Depositions of relevant witnesses

c.   Requests for production of documents relevant to
the claim

d.   All of the above

e.   None of a, b, or c – instead, plaintiffs must
seek a motion to compel from the court presiding over the case

56. Does a plaintiff always get the choice of whether to have a
jury trial in an employment case?

a.   Yes

b.   No; it depends on the law the plaintiff is suing
under

c.   No; it depends on the judge’s decision of whether
a jury is necessary

d.   No; it depends on whether the plaintiff is in
federal or state court

e.   No; bench trials are mandatory in real (not mock)
employment law cases

57. In order to appeal an unfavorable outcome from a jury trial,
the appellant must be arguing that who
made a mistake? (This is a short question, but it is complex.
First, think about who is the finder of fact and who is the finder
of law. Then, think about what appellate courts will consider and
decide.)

a.   The judge

b.   The jury

58. In plain English, when a party is filing a “motion for JNOV”
with the court, what is the party saying?

   a. Your Honor, the complaint doesn’t even state a
prima facie case – it doesn’t even allege the right stuff to show
any law was violated here!

   b. Your Honor, the jury must have been comprised of
idiots – there is no way that their verdict complies with what you
told them to do and what they saw in court. Please just say no to
that jury verdict.

   c. Your Honor, no need for a trial here. Even if
you believe everything the other side is saying, and all the
discovery that’s happened is viewed in a light favorable to the
other side, there are no issues to be decided here – I still
win.

   d. Your Honor, please hear my case!

   e. Your Honor, I need more time – can you please
give me a little more time to get my stuff in to the court?

59. In plain English, when a party is filing a “motion to
dismiss” with the court, what is the party saying?

   a. Your Honor, the complaint doesn’t even state a
prima facie case – it doesn’t even allege the right stuff to show
any law was violated here!

   b. Your Honor, the jury must have been comprised of
idiots – there is no way that their verdict complies with what you
told them to do and what they saw in court. Please just say no to
that jury verdict.

   c. Your Honor, no need for a trial here. Even if
you believe everything the other side is saying, and all the
discovery that’s happened is viewed in a light favorable to the
other side, there are no issues to be decided here – I still
win.

   d. Your Honor, please hear my case!

   e. Your Honor, I need more time – can you please
give me a little more time to get my stuff in to the court?

60. In plain English, when a party is filing a motion for
“summary judgment” with the court, what is the party saying?

   a. Your Honor, the complaint doesn’t even state a
prima facie case – it doesn’t even allege the right stuff to show
any law was violated here!

   b. Your Honor, the jury must have been comprised of
idiots – there is no way that their verdict complies with what you
told them to do and what they saw in court. Please just say no to
that jury verdict.

   c. Your Honor, no need for a trial here. Even if
you believe everything the other side is saying, and all the
discovery that’s happened is viewed in a light favorable to the
other side, there are no issues to be decided here – I still
win.

   d. Your Honor, please hear my case!

   e. Your Honor, I need more time – can you please
give me a little more time to get my stuff in to the court?

61. What’s the name of a person whose job it is to help resolve
disputes within the organization but
still stay neutral, even though this person is an employee of the
organization?

a.   HR Generalist

b.   Ombudsman

c.   Mediator/Arbitrator

d.   Supervisor of Whining, Issues, Spats, and Strife
(SWISS)

e.   Chief Head of Employee Disagreements , Disputes,
Arguments, and Rants (CHEDDAR)

62. What do you think one of the most frustrating parts of a
mediator’s job is?

   a. Deciding who is the wronged party in a
dispute

   b. Trying to stay neutral while being an employee
of the company

   c. Trying to get opposing parties to find common
ground to agree on

   d. Enforcing their rulings once they’ve issued
them

   e. Deciding how much money the wronged party is
entitled to

63. In all the employment discrimination cases we have read,
real and hypothetical, which business function is most critical to
mounting a good employer prevention and defense to claims of
illegal discrimination or harassment?

a.   Finance

b.   Marketing

c.   Human Resource Management (HRM)

d.   Research and Development (R&D)

e.   Sales

64. In all of these areas in which a company has policies and
past practice, which area(s) is/are likely to be critically
important in defending accusations of illegal disparate
treatment?

a.   Training and Development

b.   Recruitment and Selection

c.   Performance Appraisal

d.   Compensation

e.   All of the above

65. What does a “right to sue” letter from the EEOC mean?

a.   There has been illegal discrimination found and
the plaintiff should sue

b.   There has been no investigation by the EEOC

c.   The EEOC has found no illegal discrimination but
the plaintiff can go to court because he/she has exhausted his/her
administrative remedies

d.   The EEOC found that there was no problem with the
plaintiff’s standing to sue the employer in federal court so
jurisdiction is appropriate

e.   The EEOC is telling the employer to settle the
case before the plaintiff brings a lawsuit

Beautiful Boutique in the Mountains of
Montana

66. Klara works as a cashier and customer assistant at clothing
store in downtown Helena, Montana and has recently put on a
noticeable amount of weight. The manager does not think she looks
as attractive and cool and she once did; can he legally fire her
because of this?

a. Yes, because of the employment-at-will doctrine

b. No, because there is no employment protection for
unattractiveness

c. No, because Klara works in Montana and the state requires
“just-cause” to

dismiss an employee

d. Yes, Klara should have known better than to eat at a pizza
place every day

on her lunch break!