56. Does a plaintiff always get the choice of whether to have a jury trial in an employment case?a. Yesb. No; it depends on the law the plaintiff is suing underc. No; it depends on the judge’s decision of whether a jury is necessaryd. No; it depends on whether the plaintiff is in federal or state courte. No; bench trials are mandatory in real (not mock) employment law casesCarolyn works for the City Cleaners on the (nonunion) maintenance crew of fifty employees. She is extremely attractive and very petite. Although she can do the lifting required in the job, she looks like she couldn’t lift more than one pound. She is the only female worker on her shift, and the men are constantly offering to help her, legitimately out of a concern that she might get hurt. She keeps telling them – and showing them – she can do her work just fine. Her foreman assigns her to a desk job because there is such a commotion over Carolyn that production is suffering. He tells her that because she gets paid the same, she shouldn’t mind the assignment because it is so much easier.30. Is this legal?a. Yes, because there are no laws protecting attractiveness/unattractiveness b. Yes, because it protects the employer’s productivity c. Yes, because it is her coworkers’ fault that she got the desk job, not her employer’s.d. No, because it violates the Civil Rights Act e. No, because it violates the FLSA12. Dusty (the lawyer, who is fresh out of law school) writes Google a letter explaining that he has filed suit in federal court in Sacramento on the basis of how Raina has been treated. He forgets to mention which court he has filed in, and also forgets to enclose a copy of the complaint. Your boss asks you if you could track down that information. You say, “Sure!” because you know that Dusty has filed in …a. the U.S. District Court (whichever one is in Sacramento) b. the U.S. Court of Appeals (whichever one is in Sacramento) c. the U.S. Court of Common Pleas (whichever one is in Sacramento) d. the U.S. Court of Labor and Employment Complaints (whichever one is in Sacramento) e. the California State Employment Court of Appeals
HRM 3512 – Does a plaintiff always get the choice
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