Question

An employer’s arbitration clause will be enforced unless the employee can show that the clause is both procedurally and substantively unconscionable.

a. True

b. False

An example of implicit bias would be where an individual has a conscious bias against persons of a particular race.

a. True

b. False

In a Title VII disparate treatment claim based on sex, the plaintiff will not prevail without proof that “but for” his sex the employer would not have taken the same adverse employment action.

a. True

b. False

An employer may require all of its employees to speak English if it can demonstrate that customers complained about employees speaking Spanish?

a. True

b. False

Answer 1

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1. True, an employers arbitration clause will be enforced unless the employee can show that the clause is both procedurally and substantively unconscionable because Many employers ask employees to sign arbitration agreements, in which they give up their right to sue in court over job-related issues such as wrongful termination, breach of contract, and discrimination. But if your rights are later violated at work, that arbitration agreement might come back to haunt you. these agreements are most often in the best interests of the employer, not the employee. Even though your employer may not be willing to get rid of it altogether, you may be able to negotiate to make it fairer to you.

2. True, implicit bias would be when an individual has a conscious bias against persons of a particular race.

Such prejudices do not necessarily coincide with our own sense of self and personal identity. In many cases, people may have positive or negative associations about their race, gender, religion, or personal characteristics. A person may even express disapproval of a certain attitude or belief, while still possessing similar prejudices on a more unconscious level.

3. True, in a Title VII disparate claim based on sex, the plaintiff would not prevail without evidence that "but" for his generation, the employer would not have performed the same unfavourable work. Because diverse treatment is intentional discrimination. When work decisions are motivated by race, colour, sex, etc. The key element needed to show the diverse treatment is that members of a protected group are treated differently than non-members. A "but for" test is often used. Membership of a protected group would not be subject to adverse employment action.

4. True, An employer may require all of its employees to speak English if it can demonstrate that customers complained about employees speaking Spanish. Because To avoid the appearance of discrimination, a requirement for employees to speak only English in the workplace must be supported by valid business. Employees' right to speak in languages other than English may only be curtailed in certain narrowly-defined situations.