Employment Law Practice Exam Questions

1. 1.Religious discrimination (disparate treatment): The supervisor's comments about the headscarf are direct evidence of discriminatory animus. Under the McDonnell Douglas framework: (1) employee is in a protected class, (2) was qualified, (3) suffered an adverse action, (4) circumstances suggest discrimination.
2. 2.Retaliation: Termination shortly after an internal complaint about discrimination is strong evidence of retaliation under Title VII Section 704(a). Temporal proximity between the complaint and termination supports a causal connection.
3. 3.Pretext: The employer's reliance on a stale performance review while ignoring the recent positive review suggests the stated reason is pretextual. The supervisor's involvement in the termination decision further undermines the employer's explanation.
4. 4.Remedies: Back pay, front pay, compensatory damages for emotional distress, punitive damages if the employer acted with malice or reckless indifference, and attorney's fees.

1. 1.Economic reality test (FLSA): Courts consider the totality of circumstances, including (1) degree of control, (2) the worker's opportunity for profit or loss, (3) the worker's investment in equipment, (4) permanence of the relationship, (5) the skill required, and (6) whether the work is integral to the employer's business.
2. 2.Control factors favoring employee status: company-branded vehicles, assigned routes, required uniforms, non-compete restriction. These show significant control over the manner of work.
3. 3.Factors favoring IC status: flexible start times, per-delivery pay. But these are relatively minor compared to the degree of overall control.
4. 4.If classified as employees, the drivers are entitled to minimum wage and overtime. The company may face back pay liability, liquidated damages, and penalties.

Correct Answer: D

Under the ADEA, the plaintiff must show: (1) membership in the protected class (40+), (2) qualification for the position, (3) an adverse employment action, and (4) circumstances giving rise to an inference of discrimination. The replacement need not be under 40 -- even replacement by a significantly younger worker within the protected class can support an inference of age discrimination (O'Connor v. Consolidated Coin Caterers Corp.).

Correct Answer: B

Disparate impact occurs when a facially neutral policy disproportionately affects a protected class. The strength test is neutral on its face but disproportionately excludes women. Under Griggs v. Duke Power, the employer must demonstrate that the test is job-related and consistent with business necessity. Even if job-related, the plaintiff may prevail by showing a less discriminatory alternative exists.

Correct Answer: B

OSHA Section 11(c) prohibits employers from retaliating against employees who report safety violations. The temporal proximity between the report and termination creates an inference of retaliation. While wrongful termination in violation of public policy is also possible, the specific statutory claim under OSHA's anti-retaliation provision is the strongest and most direct claim.