1. As a condition for being allowed to apply for a job with Fields & Co, Cynthia is asked to provide her social media user names and passwords for LinkedIn, FaceBook, Instagram and Twitter. Having cleaned up her accounts of potentially embarassing photos, friends and comments, Cynthia agrees and provides the information. She receives the job, and later returns her social media posts to their original condition and changes her user names and passwords. Cynthia intentionally does not provide Fields & Co with the new user information and sets her privacy settings so only close friends have access to her postings. Months later, Fields & Co's IT tech, as part of the company's periodic monitoring of its employers, manages to access Cynthia's accounts despite the new user information and reports his findings to HR. As a result of this report, Cynthia is disciplined for conduct outside the workplace that purportedly reflects poorly on her employer. What recourse, if anything, does Cynthia have?
a. Cynthia will have recourse against Fields & Co only if she posted items while using her employer's computer at work.
b. Cynthia has no claims against Fields & Co because she should have understood that her employer monitors its employees' social media sites and she created a waiver by voluntarily providing the information in order to get the job.
c. Cynthia has no recourse because employers are entitled to monitor their employee's outside conduct.
d. Cynthia has claims for violation of privacy because Fields & Co hacked her social media accounts.
2. Colleen is employed by Total World Fitness Club as a trainer. Recently, due to stress in her life, Colleen has been binging on ice cream and has gained 15 pounds. Total World Fitness has counseled her about the problem and advised her that she must lose weight in order to conform to company standards of fitness. Colleen fails to lose the weight after 3 months and is fired. Does Colleen have a claim?
a. Colleen has a cause of action for discrimination under the ADA.
b. Colleen does not have a cause of action based on the ADA because her weight does not substantially affect a major life activity.
c. Colleen has a cause of action based on her right to privacy because her employer fired her for her off-work activity of eating ice cream.
d. None of the above choices is correct.
3. In the case of a RIF (reduction in force), age discrimination may be proven if:
a. the employer allows a discharged or demoted employee covered by the ADEA to bump others with less seniority.
b. when jobs become available after the RIF, the employer hired younger workers at the same salary as the employee who was discharged or demoted.
c. the employee was fired in order to prevent his pension from veesting.
d. None of the above choices is correct.
4. Snappy Corp is a small closely held corporation with 35 employees. It's owners are Christian Scientists and believe that illness is a sign of moral weakness that can be prayed away rather than treated with modern medicine. Snappy Corp is located in Sacramento, California and its owners have declined to develop a written policy about sick leave because they feel that the new California paid sick leave policy violates their religious freedom. Snappy Corp has been warned by its attorney that if it doesn't develop a written policy capping the use of mandatory paid sick leave, it will have to follow the statute. Angela is an long-time employee at Snappy Corp. She has worked full-time since 2013 and never taken a day off. She has just been diagnosed with a treatable cancer. Which is a correct statement of the law?
a. Snappy Corp does not have to comply with California's mandatory paid sick leave law because it can assert religious objections, such as permitted under the US Supreme Court Hobby Lobby case.
b. Angela will be capped at 3 paid sick days per year regardless of how long she has worked at Snappy Corp.
c. Angela is entitled to take up to 12 weeks unpaid leave under the Family Medical Leave Act.
d. Because Snappy Corp refused to develop a paid sick leave written policy, Angela may have accrued nearly 9 days of paid sick leave by July 1, 2016.