35. THIC, a large nonunion hospital specializing in the care of children determines that children feel more nurtured being cared for by female nurses, presumably because they remind them of their moms. It is important for a child’s care to trust his or her caregiver, and so the hospital implements an all-female nursing staff. Legal?

 

a. Yes, if the evidence is solid that children prefer females

b. No, that’s illegal gender discrimination

c. Yes, if there are alternative jobs made available for men

d. No, that’s illegal under the Equal Pay Act

 

36. A neonatal ICU nurse named Christine is asked to stay for a second shift because they are short handed. She refuses, as she needs to get home to take care of her kids when her husband goes to work. She gets written up and suspended for one week without pay. Is this legal under the laws we have learned about?

 

a. Yes, if it is enforced equally across genders/races/etc.

b. No, it violates the Fair Labor Standards Act

c. No, it violates the Civil Rights Act

d. No, it violates the collective bargaining agreement

e. No, it violates employment-at-will

 

37. After Christine’s suspension without pay is over, she returns to THIC and is again asked to stay for a second shift because they are short handed. She has anticipated this, and arranged childcare. Her problem is that she is instructed to go work on the adolescent ICU and she’s never been up there to work on “the big kids” – she’s been trained only to work on little, itty bitty babies! She doesn’t know the equipment or the procedures, and she’ll be the nurse in charge because they are so short staffed. She offers to stay in her regular neonatal ICU unit for another shift but her supervisor insists she go upstairs and work a full shift in the adolescent ICU. She refuses out of fear of committing malpractice, and receives a second write up and suspension without pay. Is this legal?

 

a. Yes, if it is enforced equally across genders/races/etc.

b. No, it violates the Fair Labor Standards Act

c. No, it violates the Civil Rights Act

d. No, it violates the collective bargaining agreement

e. No, it violates employment-at-will

 

38. Christine has absolutely had it now with THIC, and she figures she will go elsewhere where she is better treated. She calls in and tells her supervisor that she quits. Her supervisor says that she is on the schedule for next weekend and must come in. Further, her supervisor notes that THIC’s policy is to require two weeks’ notice for an employee to quit. Can Christine legally quit over the phone and not come in for her shift or give two weeks’ notice?

 

a. Yes, due to the doctrine of employment at will

b. No, because it is illegal

c. No, because the company has a policy against it

d. No, because it is poor professionalism

 

39. Christine finds a better job at CHOA (Children’s Hospital of Anytown), which is also severely short-staffed on nurses. Because she feels she has the bargaining power, she negotiates for a standard individual contract of employment – it has a just cause requirement for dismissal and says she will work for CHOA for two years at $75,000/year and at the end of that time both parties will renegotiate. Shockingly, she is again ordered to work outside of her training in the adolescent intensive care unit. She has only been trained on babies – itty bitty babies at that. She refuses, just as she did at THIC. Can she be fired?

 

a.Yes, due to the doctrine of employment at will

b.Yes, because she is a repeat violator of refusing to do what she is told

c.No, her contract has a “just cause” requirement

d.No, under Title VII of the Civil Rights Act

e.No, because she has a union representing her now

 

40. CHOA has a policy that entirely forbids smoking, and Christine’s coworker Arnie secretly smokes. Christine knows that Arnie doesn’t have an individual contract of employment or a union, so she is worried about him getting fired. Christine knows they’re going to make Arnie pee in a cup, and it will show nicotine use. He says, “Oh, Christine, don’t worry about me. I never smoke at work or even on days I am scheduled. I only smoke at the bar when I go out with my friends. They can’t fire me!” Is Arnie right?

 

a.No, he can still be fired under the doctrine of employment at will

b.Yes, because what he does on his own time is no business of the employer’s

c.Yes, because nicotine is not an illegal substance

d.Yes, because of both b and c

 

41. Can CHOA legally implement a policy forbidding drinking both inside and outside of work?

 

a.Yes

b.No, because it is a disparate impact violation

c.No, because drinking is legal

d.No, because some people are addicted to drinking

e.No, because there is no link between drinking off the job and the ability to do the job