What are the employer’s obligations under FCRA?

Darren’s prospective employer hired a third-party to conduct pre-employment background check on him. Darren did not know about the background check until after it was completed. Darren believes this was not lawful. Is Darren correct? Why or why not? (Points : 10)

2. TCO 5: What is a ULP? Provide three examples committed by employers. (Points : 10)

3. TCOs 7 and 8: Two months before giving birth, Shawna McGee applied for family leave for the 12-week period after birth of her child. At the expiration of the 12-week period, Shawna decided to resign her position and stay home with her baby. Can she be charged for the health care premiums paid on her behalf? Why or why not? (Points : 10)

4. TCOs 2 and 3: ACME Hospital is hiring a new emergency room nurse and Carl, the caregiver applies for the position. An official of the hospital contacts Carl and tells him that the hospital will only hire a female for the position since it believes patients with critical injuries prefer the nursing care of a female. What is a BFOQ and will it allow ACME hospital to lawfully exclude male applicants for the position of emergency room nurse? (Points : 15)

5. TCOs 2 and 3: Sherolyn Davidson was terminated after 25 years at ACME University. She filed an age discrimination case. What types of damages are possible for age discrimination? (Points : 15)

6. TCO 4: What are the employer’s obligations under FCRA? (Points : 15)

7. TCO 7: John Jackson is employed by LittleCo as a service technician. LittleCo employs approximately 100 people at the facility where John works. John’s wife is pregnant and John would like to take time off work for baby bonding after the birth of his child. John asks his HR Rep, Nelly Newhire, if he can take FMLA leave for baby bonding. What information will Nelly need to gather to answer his question? (Points : 15)

8. TCO 8: ACME Co. has provided a defined benefit retirement plan for its employees for many years and is now considering changing to a defined contribution plan. The employees are confused about the difference between a defined benefit plan and a defined contribution plan. You are ACME’s HR director. Please explain to the employees the difference between the two types of plans. (Points : 15)

9. TCO 9: National origin discrimination is prohibited against a job applicant or employee. Besides discriminating against the job applicant or employee directly, how else might national origin discrimination occur so that the job applicant or employee would have a claim? (Points : 15)

10. TCO 1: Linda is laid off from her job through no fault of her own. In most cases, Linda would be able to file for: (Points : 5)

Question 11.11. TCO 1: Herb, an oral surgeon, is employed to work in Joel’s oral surgery practice subject to a restrictive covenant for five years with a $40, 000 bond to secure it. The next year Herb opens his own office across the street where he practices dentistry and oral surgery. In a lawsuit brought by Joel, Herb will be enjoined from practicing (Points : 5)

Question 12.12. TCO 1: Andy Applicant is being considered for the position of CFO of ACME Co. The company wants to make sure that Andy will not disclose sensitive financial information without the permission of ACME’s board of directors. To protect the sensitive financial information, ACME Co. should get Andy to sign a: (Points : 5)

Question 13.13. TCO 2 & 3: The Family and Medical Leave Act requires employers to provide employees with: (Points : 5)

Question 14.14. TCOs 2 & 3: A female who believes that she is being paid less than her male colleague may be able to claim that the pay difference is a violation of: (Points : 5)