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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

June 2012     MCLE Test and Answer Sheet

Test No. 215: Faster and Fairer

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*  

1. Federal employees have the same substantive rights under the major federal employment discrimination statutes as state, local, and private employees.
 True.
 False.

2. The EEOC investigates both the discrimination claims of federal employees against their employing agencies and discrimination claims against state, local, and private employers.
 True.
 False.

3. EEOC administrative judges (AJs) decide claims of discrimination brought by federal employees, applicants for employment, and former employees.
 True.
 False.

4. Federal employees choose the EEOC administrative hearings process more than 10 times more frequently than federal court.
 True.
 False.

5. Except for the availability of punitive damages, whether in federal court or before an EEOC administrative judge, employees of federal agencies have the same remedies for proven violations of federal antidiscrimination statutes, including equitable remedies and compensatory damages up to $300,000 per claim.
 True.
 False.

6. As prevailing parties in discrimination cases before the EEOC, federal employees may also recover reasonable attorney's fees, based on prevailing rates for similarly experienced lawyers in the same community, as well as costs, except for ADEA claims.
 True.
 False.

7. Administrative judges of the EEOC resolve very few cases each year compared to the number of cases EEOC files in federal court against state, local, and private employers.
 True.
 False.

8. Administrative prerequisites must generally be satisfied before initiating any federal court or administrative hearing process.
 True.
 False.

9. Federal employees generally have up to 300 days to initiate the EEO process.
 True.
 False.

10. The EEO process must generally be initiated by federal employees within 45 days of the alleged discriminatory act.
 True.
 False.

11. The agency that employs the employee who alleges unlawful discrimination is responsible for investigating that claim.
 True.
 False.

12. The agency's internal investigation can take up to 180 days before the employee can elect to go to federal court or administrative hearing.
 True.
 False.

13. Information about EEOC administrative judge decisions is public and EEOC administrative hearings are open to the public.
 True.
 False.

14. The EEOC administrative hearings process is designed to be faster and more flexible than federal court proceedings, but otherwise generally follow the FRCP.
 True.
 False.

15. EEOC has not authorized issuance of subpoenas in connection with federal employee discrimination cases.
 True.
 False.

16. An EEOC administrative judge can dismiss all or part of a complaint for failure to state a claim or failure to exhaust administrative prerequisites.
 True.
 False.

17. EEOC AJs have no authority to regulate discovery prior to the hearing, grant motions to compel, or otherwise enforce discovery rights or sanction spoliation of evidence.
 True.
 False.

18. EEOC AJs may grant motions for decision without a hearing under FRCP standards if there are no genuine issues of material fact, even if the record is incomplete, and do not conduct prehearing conferences or issue prehearing orders to approve witnesses and exhibits.
 True.
 False.

19. Appeal from an adverse AJ decision is taken to the commission in Washington, D.C.
 True.
 False.

20. Following an adverse decision by the commission, the employing agency may appeal to federal circuit court.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

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