Quiz | November 2012
Can My Boss Do That?
By Martha Lynn Craver
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Quiz
Can My Boss Do That?
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Question 1 of 12
A. Yes
B. No
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Quiz
Can My Boss Do That?
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Question 1 of 12
The right answer is A. Yes.
There's plenty of software available that makes it easy for employers to monitor Internet use, e-mails, software downloads, what websites you visit and how long you stay, instant messaging and chatting, etc. In fact, at least two-thirds of employers already monitor Web usage, and the share is likely to increase. There are some restrictions on employers' monitoring, however. For example, union contracts sometimes contain provisions limiting the monitoring of workers' computer activity.
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Quiz
Can My Boss Do That?
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Question 2 of 12
A. Yes
B. No
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Can My Boss Do That?
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Question 2 of 12
The right answer is B. No.
If pregnancy prevents you from performing your job, your employer must treat you the same as any other temporarily disabled worker -- providing light duty or alternative assignments, for example. And your boss has to hold your job open for a pregnancy-related absence for the same amount of time jobs are normally held for workers on sick or disability leave.
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Can My Boss Do That?
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Question 3 of 12
A. Yes
B. No
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Can My Boss Do That?
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Question 3 of 12
The right answer is A. Yes.
The 21 states where workplace discrimination based on sexual preference is barred are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
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Can My Boss Do That?
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Question 4 of 12
A. Yes
B. No
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Can My Boss Do That?
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Question 4 of 12
The right answer is B. No.
There are some conditions, however, to be eligible for reinstatement: Service members must give advance notice prior to leaving; be on active duty for less than five years; not be dishonorably discharged; and report back to work in a timely manner after discharge. What's more, if you can no longer perform your old job, your employer must use reasonable efforts, such as training, to enable you to upgrade or refresh your skills to become qualified for the position. And the company can't consider time on active duty a break in employment for purposes of pension benefits and vesting. As far as they go, the time spent on active military service is the same as time spent with the company.
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Can My Boss Do That?
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Question 5 of 12
A. Yes
B. No
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Can My Boss Do That?
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Question 5 of 12
The right answer is A. Yes.
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Can My Boss Do That?
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Question 6 of 12
A. Yes
B. No
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Can My Boss Do That?
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Question 6 of 12
The right answer is B. No.
Even when a lie detector test is OK, an employee has certain rights. You can refuse to take the test or stop it at any time. You can't be fired or demoted for doing so, nor can you be demoted or fired based solely on the test results. When a polygraph is allowed because of ongoing investigations, a written or verbal statement must be provided prior to testing, outlining what is under investigation and the basis for the employer's suspicions.
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Can My Boss Do That?
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Question 7 of 12
A. Yes
B. No
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Can My Boss Do That?
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Question 7 of 12
The right answer is A. Yes.
But the policy can't be put in place for discriminatory reasons, and any English-only policy, even if it is justified, must be applied evenly. The Equal Employment Opportunity Commission recently settled a case, awarding nearly $1 million to Filipina nurses who were disciplined for speaking their native Tagalog on the job, while Spanish-speaking colleagues were not.
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Can My Boss Do That?
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Question 8 of 12
A. Yes
B. No
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Can My Boss Do That?
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Question 8 of 12
The right answer is B. No.
But there is a loophole that gives some employers an out: If reasonable accommodations would cause more than a minimal burden on the operations of the business, an exemption is made. Some examples: Fire and police departments, if there aren't enough personnel to accommodate all requests for time off and maintain adequate staff for emergencies. Or a Jewish deli where all employees want the Sabbath off, leaving no one to make the brisket.
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Can My Boss Do That?
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Question 9 of 12
A. Yes
B. No
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Can My Boss Do That?
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Question 9 of 12
The right answer is A. Yes.
Sometimes an employee can take Family and Medical Leave Act leave intermittently, in separate blocks of time for a single qualifying reason, or regularly work a reduced schedule. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer's operation.
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Can My Boss Do That?
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Question 10 of 12
A. Yes
B. No
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Can My Boss Do That?
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Question 10 of 12
The right answer is A. Yes.
Federal law does make it clear that if a meal break is provided, workers are off the clock -- as long as the break is at least 20 minutes and the employee is relieved of all work during the time. By the way, most workers do have a federal right to bathroom breaks.
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Can My Boss Do That?
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Question 11 of 12
A. Yes
B. No
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Can My Boss Do That?
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Question 11 of 12
The right answer is B. No.
An employer also can't force an employee to lose weight, though an overweight worker can be fired if the excess pounds prevent performance of the essential functions of the job. A flight attendant who can't navigate the narrow aisles of an aircraft, for example, can be let go. But employers need to tread very carefully, lest they run afoul of the Americans with Disabilities Act, which protects individuals unable to perform a "major life activity." They must be provided reasonable accommodation if that will allow them to perform the job. An employer might, for example, have to provide a morbidly obese employee with a golf cart to get around a factory.
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Can My Boss Do That?
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Question 12 of 12
A. Yes
B. No
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Can My Boss Do That?
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Question 12 of 12
The right answer is A. Yes.
There are some free speech protections, however: The National Labor Relations Act protects group actions of workers who use social media or other outlets to discuss improving the terms and conditions of their employment -- pay and safety, for example. So comments on social media are safeguarded if they are undertaken on behalf of a group. But workplace laws haven't kept up with the advance of technology and the advent of social media, so there's a lot of gray area here, and a lot of cases are likely to wind up in the courts.
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