Understanding Constructive Discharge

Summary

Constructive discharge occurs when an employee resigns due to intolerable working conditions created by an employer, especially if related to discrimination. Employers are strictly liable for illegal discrimination when a supervisor harasses a subordinate and makes an adverse employment decision. Hiring based on experience is justified under the merit defense. Foreign workers with specialized skills often use the h-1b visa. Affirmative action plans are permissible if race is one of several hiring factors. Back pay is not an equitable remedy. Consult an employment attorney for specific legal advice.

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In which case is an employer strictly liable for illegal discrimination, meaning it has no defenses? When a supervisor harasses a subordinate and also makes an adverse employment decision with regard to that employee When a company decides to hire a man instead of a woman for a certain job When a supervisor harasses a subordinate and does not make any adverse employment decisions When a coworker harasses an employee
An employer is strictly liable for illegal discrimination in the following situation:
- When a supervisor harasses a subordinate and also makes an adverse employment decision with regard to that employee.
This means the employer has no defenses in this scenario. Do you have any specific questions or need further assistance with your situation?
Hiring a new employee with 25 years’ experience in the industry instead of one with 2 years’ experience in the industry will probably not be considered discriminatory because of which defense? Seniority defense Merit defense Bona fide occupational qualification defense Undue hardship defense
The correct defense in this situation would be the Merit defense. This defense justifies hiring based on experience, skills, or qualifications rather than discriminatory reasons.
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A foreign citizen with a bachelor’s degree in electrical engineering would most likely come to the United States to work under which type of visa? EB-* H-1B No visa would be required. H4
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A foreign citizen with a bachelor’s degree in electrical engineering would most likely come to the United States to work under an H-1B visa. This visa allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise.
Would you like more information about the H-1B visa process or have any other questions related to employment visas?
Which of the following affirmative action plans will likely be considered permissible by a court? An employer with * percent female managers and executives implements a plan to increase the ranks of female executives and managers. An employer decides not to hire any white employees for five years to make up for past discrimination. An employer decides that all new groups of hirees should be at least * percent Puerto Rican workers because the community where the business is located is populated by * percent Puerto Rican people. An employer considers race as one factor among several when hiring qualified employees.
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An affirmative action plan is more likely to be permissible by a court if an employer considers race as one factor among several when hiring qualified employees. This approach aligns with the principle of promoting diversity while not making race the sole criterion.
Do you have a specific question about affirmative action plans or need information on a related issue?
Which of the following awards ordered by a court is not an equitable remedy? An injunction to stop an employer’s discriminatory practices Back pay for the time an employee was out of work Forcing an employer to grant an employee a certain amount of seniority Reinstatement to the employee’s previous job title and salary
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Back pay for the time an employee was out of work is not an equitable remedy. Equitable remedies typically involve orders to do or refrain from doing something, such as injunctions or reinstatement.
Is there a specific situation or issue you need assistance with?