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 CHAPTER 11
WORK-LIFE CONFLICTS AND
OTHER DIVERSITY ISSUES

MULTIPLE CHOICE QUESTIONS

1. To qualify for leave under the Family and Medical Leave Act (FMLA), an employee
must have worked:
a. at least 1250 hours during the previous 12 months
b. at least 625 hours during the previous 6 months
c. at least 2080 hours during the previous 12 months
d. at least 1040 hours during the previous 6 months
Answer: A

2. Which of the following is a “qualifying event” under the FMLA?

a. birth of a child
b. death of a parent
c. serious health condition of an employee’s grandparent
d. all of the above
e. none of the above
Answer: A

3. “Serious health conditions” include:

a. pregnancy, when it results in a period of incapacity
b. all conditions that require hospitalization
c. all conditions that require treatment by a health care provider
d. all of the above
e. a and b
Answer: E

4. Under the FMLA, employers have the right to:

a. require that employees provide documentation of any serious health condition
prior to being granted leave
b. cancel the leave of “key employees”
c. delay the start of leave for employees who fail to provide 30 days notice when the
need for leave is foreseeable
d. all of the above
e. none of the above
Answer: C
5. Under the FMLA, employees are entitled to:
a. have all benefits maintained under the same conditions as if the employee had not
taken leave
b. have only health benefits maintained under the same conditions as if the employee
had not taken leave
c. be restored to the exact same position they left if they are deemed a “key
employee”
d. a minimum of ½ salary during their leave
Answer: B

6. In Bachelder v. America West Airlines, an employee who had taken periods of FMLA
leave in the previous two years was terminated for poor attendance. The court ruled that:
a. the employer did not violate the FMLA because the employee had already
exhausted her eligibility for leave under the “rolling 12 month period” used by the
employer
b. the employer did not violate the FMLA because she was terminated for her
absences and not for having requested or taken FMLA leave
c. the employer violated the FMLA because all employees become eligible for up to
12 weeks of leave at the start of each new calendar year
d. the employer violated the FMLA because the employee was terminated based on
absences that qualified as FMLA leave
Answer: D

7. Under the FMLA:

a. employers may require that any paid leave available to an employee be used and
counted toward an employee’s FMLA leave
b. employers may require that the employee stay on leave longer than they need if it
satisfies an administrative purpose or convenience for the employer
c. employers may contact the employee at home by phone or e-mail with company
question but cannot require the employee to physically come to the premises
d. during a valid leave, the employee is protected or shielded from layoffs or
termination that would have occurred anyway
e. none of the above
Answer: A

8. Under the Pregnancy Discrimination Act (PDA):

a. employers are required to provide leave for childbirth and medical problems
related to pregnancy
b. employers are required to restore employees returning from pregnancy leave to
their former jobs or equivalent positions
c. employers are prohibited from establishing uniform requirements for when
pregnancy leave must begin or end
d. all of the above
e. none of the above
Answer: C
9. The Uniformed Services Employment and Reemployment Rights Act (USERRA)
requires that:
a. all persons returning from military service must be reemployed
b. employers must attempt to reinstate persons returning from military service into
the positions that they would have attained absent service, including any
promotions
c. employers continue to provide at least partial pay to employees serving in the
military for up to 24 months
d. all of the above
e. none of the above
Answer: B

10. In Scobey v Nucor Steel-Arkansas., employee Scobey had 4 unexcused absences from
April 10-13, 2005. On April 9, he called to ask his supervisor to call him, but did not say
why. They finally spoke on April 11, but Scobey was intoxicated, and said he was having
a nervous breakdown. They spoke again during this period, and Scobey was again
intoxicated, saying he was through with his job. He returned to work, was demoted, and
eventually stopped coming to work. He was terminated, and sued, alleging he should
have been granted FMLA leave, but the trial court granted summary judgment for his
employer. The Appellate Court ruled:
a. for the employer, because Scobey did not have a “serious health condition” as
required for leave under the FMLA
b. for the employer, because Scobey had not given adequate notice of his need for
leave, as required under the FMLA
c. for Scobey, because a reasonable jury could conclude that his drunkenness gave
the employer constructive notice of his need for leave under the FMLA
d. for Scobey, because he was entitled to leave under the FMLA for his nervous
breakdown
Answer: B

11. Legal protection against discrimination based on sexual orientation is found in:
a. Title VII of the Civil Rights Act
b. statutes in about a dozen states
c. the U.S. Constitution, under which public employers must show that a
“compelling governmental interest” is served by the discrimination
d. Executive Order 11246
e. all of the above
Answer: B

12. “Hopalong” Jones was a cowboy working on a cattle ranch out west. He has worked at
the ranch for three years and done an excellent job. He is also a two time bull riding
champion at the state rodeo competition. He is fired when he admits to being gay.
a. Hopalong is protected under the protected sex classification under Title VII
b. since being a cowboy is such a macho job, being heterosexual is considered a
BFOQ
c. sexual orientation is a protected class in some states but not in others
 d. Hopalong has no federal or state protection regarding his sexual orientation
Answer: C

13. The EEOC’s guidelines hold that broad English-only rules applied at all times are:
a. presumptively discriminatory
b. presumptively non-discriminatory
c. valid, if an employer can show a business necessity for a broad-cased, all-time
ban on other languages
d. invalid, because the employer can never show a business necessity for a broad-
based, all-time ban on other languages
Answer: A

14. The accent of an employee or job applicant can lawfully be taken into consideration
when:
a. the firm is using its affirmative action program to diversify its workforce
b. when few English-speaking applicants or employees are available
c. when communications are a significant part of the job in question, and the
person's accent substantially interferes with the ability to communicate
d. when communications are a significant part of the job in question, and the
person's accent interferes in some degree with the ability to communicate
Answer: C

15. The federal Jury System Improvements Act:

a. protects persons who serve on federal juries from discharge, intimidation or
coercion by their employers because of their jury service
b. applies a Title VII approach to selection of jurors
c. reduces the number of jurors on a standard jury from 12 to 6
d. requires that employers pay their employees at their regular rate of pay for the
time spent serving on a federal jury
Answer: A

16. Under the FMLA:

a. pregnancy is a "serious health condition" triggering the right to FMLA leave
b. pregnancy is not a "serious health condition" triggering the right to FMLA leave
unless there are complications
c. only a pregnant employee may receive leave under the FMLA
d. none of these
Answer: B

17. The Uniformed Services Employment and Reemployment Rights Act (USERRA)
requires that:
a. an employer must maintain the health insurance for an employee reporting to
military service for short stints of service (less than 31 days)
b. an employer must maintain the health insurance for an employee who serves in
the military for up to 24 months, if the employee pays the full cost of group
coverage
 c. employers are not required to maintain health insurance coverage for their
employees in military service beyond a period of 30 days
d. all of these
e. a and b
Answer: E

18. In Reynolds v. Inter-Industry Conference on Auto Collision Repair, Reynolds began work
for his employer on August 25, 2005. On August 8, 2006, his child was born prematurely.
He requested time off, which was granted. He requested further leave for November,
2005, when the child would be released from the hospital, and was terminated, the
employer saying he was not entitled to FMLA leave because he had not been an
employee for 12 months. The court ruled:
a. for Reynolds, since the birth of a child is a qualifying event under the FMLA
b. for Reynolds, since he notified his employer at least 30 days in advance of the
need for leave, by which time, he would be an eligible employee
c. for the employer, because the employee failed to provide sufficient notice that he
was requesting leave for a potentially FMLA-qualifying reason
d. for the employer, because the employee was not an eligible employee, entitled to
FMLA leave
Answer: B

19. You need to hire a new medical technician for the emergency room of your hospital. The
technician must have a thorough knowledge of medical terms and procedures, and will be
interviewing patients to determine the nature and extent of their problems before they are
routed to a doctor or to the waiting room. Most of the qualified candidates will be those
who comes from Asian countries, who have studied medicine in their home countries, but
whose MD degrees are not recognized by the U.S. Can you require that only English-
speaking candidates need apply?
a. yes, because most of the patients will be English speaking
b. yes, because communication will be an integral part of the job, and most often
communication will be required in an emergency situation
c. no, because under Title VII, English-only speaking requirements are
presumptively discriminatory
d. no, because most of the qualified candidates will be from countries for which the
first language spoken is not English
Answer: B

20. A very troublesome employee has just told you that he wants to apply for FMLA leave
because his wife is seriously ill. He has taken leave before because of her illness, and
depending upon how you calculate it, may have already taken the maximum amount for
the year. You know that if you use a “rolling 12 month period,” he will not qualify, and if
he is denied leave, he may actually quit, which would make many people happy.
However, your firm’s leave policy does not specify how leave taken will be calculated,
which means that if he sued and the case went to litigation, the court would apply a
“calendar year” calculation for the leave requested, since you’ve just begun a new
 calendar year, and under that calculation, he would be entitled to leave. Of the following
choices, what should you do?
a. deny the leave, and take your chances; tell him that he’s already had the
maximum leave under the “rolling 12 month” calculation. He’s been far too
troublesome for the firm, and his leaving would be a good outcome
b. deny the leave, but tell him that it’s because has not been a productive employee,
and when he improves, you’ll consider more leave
c. grant the leave, and take your chances; maybe he’ll straighten out when he comes
back
d. grant the leave, and ask how he’s doing; tell him that when he comes back, you’d
like to sit down with him and see if you can help him resolve the trouble he’s
been having at work
Answer: D

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must not attempt to discourage eligible employees from taking FMLA leave
or attempt to delay the taking of leave.

Answer: FMLA – The leave provided for by the FMLA is mandatory. Attempts to
discourage employees or get them to put off leave constitute illegal interference with the
exercise of FMLA rights. However, employees are expected to consult with their
employers prior to leave for foreseeable, planned medical treatments and attempt to
minimize the disruptiveness of the leave.

b. “No fault” attendance policies must be either discontinued or exceptions must be made
for employees on FMLA leave.

Answer: FMLA – interference with statutory rights – absences for FMLA leave cannot be
held against employees.

c. Employees should be notified promptly and in writing whether their leave qualifies as
FMLA leave.

Answer: FMLA – Employers are responsible for designating leave as FMLA leave. The
notification should also specify the rights and responsibilities of leave takers and the
consequences of failing to do things like providing medical documentation.
d. Employer’s should consider an employee’s or applicant’s accent only to the extent that
communication is a significant part of the job in question and the individual’s accent
impedes communication.

Answer: Title VII, national origin discrimination – Speaking with an accent and national
origin are often closely related. Courts have recognized that subjective assessments of
accents can easily become occasions for national origin discrimination and have limited
the circumstances under which accents can lawfully be considered.

e. Employers should generally refrain from adopting English-only rules. If they are used,
employees should be clearly informed that they are in effect, the rules should be no
broader than necessary to accomplish necessary business purposes, and enforcement
should not be rigid.

Answer: Title VII, national origin discrimination – The EEOC closely scrutinizes these
policies. It holds blanket policies to be presumptively discriminatory, requires that
policies be consistent with business necessity, and requires that employees be informed
of the rules before being subjected to discipline. Courts have been more permissive, but
may be increasingly persuaded by arguments about code-switching making the rules
burdensome even for bi-lingual employees. National origin harassment and First
Amendment challenges are also possible.

2. A major University has advertised for a non-research lecturer position in its Economics
Department. When they evaluate the applicants, one resume clearly stands out as
excellently qualified. When the applicant came in for an interview, she is asked to
complete a questionnaire with a number of open ended questions prior to the actual
interview. The questionnaire was extremely well answered and evidenced perfect
grammar, perfect penmanship and perfect spelling. The answers were lucid and well
thought out. Unfortunately, during the interview most in the department had trouble
understanding the candidate due to her extremely heavy Nigerian accent. If the
university hires someone else, has the university violated any discrimination laws?

Answer: The university must take into account the ability of its classroom teachers to
communicate with students and other faculty. If the university establishes that the ability
to communicate and be understood is an essential job requirement, and if its decision is
based purely on the applicant’s ability to communicate and be understood, they have
violated no laws. They must however clearly document and be prepared to defend they
position. There may certainly be a question regarding discrimination based on national
origin and perhaps even race or sex, however, if the communication issue is truly the sole
reason for refusal and this can be proven, the university is free from liability.
Another random document with
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 Fig. 183.—Saccharomyces mycoderma.
The “Ferment of Wine” (Saccharomyces ellipsoideus) produces
wine in the juice of grapes. Uncultivated yeast-cells are always
present on grapes; an addition of this species to the “must” is not
necessary to secure fermentation. A large number of other
“uncultivated” yeast-cells appear in breweries mixed with the
cultivated ones, and cause different tastes to the beer (S.
pastorianus, etc.). S. ludwigii, found, for instance, on the slimy
discharge from Oaks, produces abundant cell-chains on cultivation.
S. apiculatus is very frequently met with on all kinds of sweet fruits, it
has orange-like cells. S. mycoderma has cylindrical cells, often
united together in chains (Fig. 183): it forms a whitish-gray mass
(“fleur de vin”) on wine, beer, fruit-juice, etc., standing in bottles
uncorked or not entirely filled. It is thought that this Fungus causes
decomposition and oxydises the fluid in which it is found, but it
cannot produce alcoholic fermentation in saccharine liquids, and it
does not form endospores; hence it is uncertain whether it is true
Saccharomyces.

Fig. 184.—Oidium lactis: a branched hypha commonly met with; b a

hypha lying in milk and producing aerial hyphæ which give rise to oidia; c
a branch giving rise to oidia, the oldest (outermost) oidia are becoming
detached from one another; d a chain of divided cells; e germinating oidia
in different stages (slightly more magnified than the other figures).
The “Dry-yeast” used in baking white bread is “surface-yeast.” In
leaven, a kneaded mixture of meal, barm and water, which is used
for the manufacture of black bread, Saccharomyces minor is
present, and a species allied to this produces alcoholic fermentation
in dough with the evolution of carbonic acid, which causes the dough
to “rise.”
2. Oidium-forms. Of many Fungi only the Oidium-forms are
known, which multiply in endless series without employing any
higher form of reproduction. Oidium lactis (Fig. 184) is an imperfectly
developed form which frequently appears on sour milk and cheese. It
can produce a feeble alcoholic fermentation in saccharine liquids.
Thrush or aphthæ (O. albicans) appears as white spots in the
mouths of children. Several similar Oidium-forms are parasites on
the skin and hair of human beings, and produce skin diseases, such
as scurvy (O. schoenleinii) and ringworm (O. tonsurans).
3. Mycorhiza. These Fungi, which have been found on the roots
of many trees and heath-plants, particularly Cupuliferæ and
Ericaceæ, consist of septate hyphæ, and belong partly to the
Hymenomycetes, partly to the Gasteromycetes. It has been shown
that the Mycorhiza enters into a symbiotic relationship with the roots
of higher plants.
 DIVISION II.

MUSCINEÆ (MOSSES).
In this Division a well-marked alternation of generations is to be
found. The development of the first or sexual generation
(gametophyte),[16] which bears the sexual organs, antheridia and
archegonia, commences with the germination of the spore, and
consists, in the Liverworts, of a thallus, but in the true Mosses of a
filamentous protonema, from which the Moss-plant arises as a lateral
bud. The second or asexual generation (sporophyte), developed
from the fertilised oosphere, consists of a sporangium and stalk.
The sexual generation, the gametophyte. The protonema in the
Liverworts is very insignificant, and not always very sharply
demarcated from the more highly developed parts of the nutritive
system. In the true Mosses the protonema is well-developed, and
consists of a branched, alga-like filament of cells, the dividing cell-
walls being always placed obliquely. In the parts exposed to the light
it is green, but colourless or brownish in those parts which are
underground (Fig. 186). The protonema is considered to be a lower
form of the stem, and grows in the same manner by means of an
apical cell; at its apex it may directly develope into a leaf-bearing
stem, or these arise from it as lateral branches (Fig. 186 k).
The more highly differentiated part of the vegetative system, the
“Moss-plant,” which is thus developed from the protonema, is in the
“thalloid” Liverworts generally a dichotomously-branched thallus
without any trace of leaf-structures (Fig. 194); in Marchantia (Fig.
197) and others, scale-like leaves (amphigastria) are found on the
under surface. The higher Liverworts and the Leafy-Mosses are
differentiated into a filamentous, ramified stem with distinct leaves
arranged in a definite manner, resembling the stem and leaves of the
higher plants (Figs. 186, 195, 200).
True roots are wanting, but are biologically replaced by rhizoids.
These are developed on the stems or thallus: in the Liverworts they
are unicellular, but in the Leafy-Mosses generally multicellular and
branched. In the latter group they are considered identical with the
protonema, and may become true protonema, and new plants may
be developed from them (Fig. 186 b).

Fig. 186.—A Lower portion of a Moss-plant with rhizoids (r), one of which bears
a reproductive bud (b). The dotted line indicates the surface of the ground; the
portions projecting above this become green protonema (p); k is a young Moss-
plant formed on one of these. B Germinating spore of Funaria hygrometrica, with
exospore still attached. C, D Older stages of the protonema.
The internal structure of the sexual generation is very simple. The
leaves in nearly all cases are formed of a single-layered plate of
cells; in the Leafy-Mosses, however, a midrib is very often formed,
and sometimes, also, marginal veins; and along these lines the
leaves are several layers of cells in thickness. The stem is
constructed of cells longitudinally elongated, the external ones of
which are narrower and sometimes have thicker walls than the more
central ones. Vessels are not found, but in several Mosses there is in
the centre of the stem a conducting strand of narrow, longitudinal
cells, which represents the vascular bundle in its first stage of
development. This strand contains elements for conveying water as
well as sieve-tubes. Stomata are entirely wanting in the sexual
generation of the Leafy-Mosses; they are found in a few Liverworts
(Marchantia), but their structure is not the same as in the higher
plants.
Vegetative reproduction takes place by gemmæ or buds
which arise on the protenema, the rhizoids, the thallus, or the shoots,
and become detached from the mother-plant; or else the protonema
and the older parts of the plant simply die off, and their branches
thus become independent plants. This well-developed vegetative
reproduction explains why so many Mosses grow gregariously. In
certain Marchantiaceæ special cupules, in which gemmæ are
developed, are found on the surface of the thallus (Fig. 197 A, s-s).
Again, protonema may also arise from the leaves, and thus the
leaves may act as reproductive bodies. Certain Mosses nearly
always reproduce vegetatively, and in these species the oospheres
are seldom fertilised.
Fig. 187.—Marchantia
polymorpha: a mature
antheridium.
 Fig. 188.—Spermatozoids.
The first generation bears the sexual organs; both kinds are
found either on the same plant (monœcious), or on separate plants
(diœcious). In the thalloid Liverworts they are often situated on the
apex of small stems (gametophores), springing from the surface of
the thallus. In the Leafy-Liverworts and true Mosses the leaves
which enclose the sexual organs often assume a peculiar shape,
and are arranged more closely than the other leaves to form the so-
called “Moss-flower.” The male sexual organs are called antheridia.
They are stalked, spheroid, club- or egg-shaped bodies whose walls
are formed of one layer of cells (Fig. 187), enclosing a mass of
minute cubical cells, each one of which is a mother-cell of a
spermatozoid. The spermatozoids are self-motile; they are slightly
twisted, with two cilia placed anteriorly (Fig. 188), while posteriorly
they are generally a trifle club-shaped, and often bear at that part the
remains of the cytoplasm, the spermatozoid itself being formed from
the nucleus. In the presence of water the ripe antheridium bursts,
and its contents are ejected; the spermatozoids, being liberated from
their mother-cells, swarm about in the water in order to effect
fertilisation.
 Fig. 189.—Marchantia polymorpha. A A young, and B a ripe
archegonium with open neck. C An unripe sporangium enclosed
by the archegonium a: st the stalk; f the wall of the sporangium.
Elaters are seen between the rows of spores.
The female sexual organs are termed archegonia. They are flask-
shaped bodies (Fig. 189), the lower, swollen portion (venter) having
a wall, in most cases from 1–2 cells thick, enclosing the oosphere
(Fig. 189 B, k): the long neck is formed of tiers of 4–6 cells,
enclosing a central row of cells—the neck-canal-cells (Fig. 189 A).
When the archegonium is fully developed, the walls of the neck-
canal-cells become mucilaginous and force open the neck of the
archegonium. The mucilage thus escapes, and, remaining at the
mouth of the archegonium, acts in a somewhat similar manner to the
stigma and conducting tissue of a carpel, by catching and conducting
the spermatozoids to the oosphere (Fig. 189 B, m), with whose cell-
nucleus they coalesce. With regard to the formation of the oosphere,
it may further be remarked that the lower part of the archegonium
originally encloses the so-called “central cell”; but shortly before the
archegonium is ripe, this cuts off a small portion, the ventral-canal-
cell, which lies immediately beneath the neck, and the larger, lower
portion becomes the oosphere.
The organs mentioned here, antheridia and archegonia, are present in the
Cryptogams (Pteridophyta) and the Gymnosperms. They have always the same
fundamental structure, but with slight modifications of detail. These plants are
therefore known as the Archegoniata.
The fertilisation of the Mosses cannot be effected without water.
Rain and dew therefore play a very important part in this process,
and for this end various modifications of structure are found.
 Fig. 190.—Andreæa rupestris. Longitudinal
section through a sporangium at the time when
the mother-cells of the spores are dividing: p
pseudopodium; f foot; v vaginula; h neck; c
columella; w wall of the sporangium; e external
row of cells; s the spore-sac; t the spore-
mother-cells; r the calyptra with the neck of
archegonium (z).
 Fig. 191.—Andreæa rupestris. Transverse section
through a ripe sporangium. In the middle is seen the four-
sided columella, surrounded by the numerous spores, drawn
diagrammatically. Surrounding them is seen the wall of the
sporangium, whose outer layer of cells is thickened and
coloured. The layer of cells is unthickened in four places (x),
indicating the position of the clefts (see Fig. 193).
Among the sexual organs, paraphyses—filamentous or club-
shaped bodies—are to be found.
The asexual generation, the sporophyte (Moss-fruit or
sporogonium). As the result of fertilisation the oosphere surrounds
itself with a cell-wall, and then commences to divide in accordance
with definite laws.[17] The embryo (Fig. 189 C) produced by these
divisions remains inside the wall a-a of the archegonium (Figs. 190,
199 D, E), and developes into the sporogonium, which remains
attached to the mother-plant, often nourished by it, as if the two were
one organism. The lower extremity of the sporogonium, the foot
(Figs. 190 f; 199 D), very often forces its way deep down into the
tissue of the mother-plant, but without an actual union taking place.
The central portion of the sporogonium becomes a shorter or longer
stalk (seta), while the sporangium itself is developed at the summit.
At a later stage, during the formation of the spores, the sporangium
very often assumes the form of a capsule, and dehisces in several
ways characteristic of the various genera (Figs. 192, 193, 194, 195,
200). The basal portion of the archegonium grows for a longer or
shorter period, forming a sheath, the calyptra, in which the capsule is
developed, but eventually it ceases to enlarge, and is then ruptured
in different ways, but quite characteristically, in each group.
Anatomically, the asexual generation is often more highly
differentiated than the sexual; thus, for instance, stomata are present
on the sporangia of the true Mosses, but are absent in the sexual
generation.
As the capsule developes, an external layer of cells—the
amphithecium—and an internal mass—the endothecium—are
differentiated. As a rule the former becomes the wall of the capsule
while the latter gives rise to the spores. In this Division, as in the
Pteridophyta, the name archesporium (Fig. 190 t) is given to the
group of cells inside the sporangium which gives rise to the mother-
cells of the spores. The archesporium is in general a unicellular
layer; in Sphagnum and Anthoceros it is derived from the most
internal layer of the amphithecium, but with these exceptions it arises
from the endothecium, usually from its most external layer. In the
true Mosses and in Riccia only spore-mother-cells are produced
from the archesporium, but in the majority of the Liverworts some of
these cells are sterile and become elaters (cells with spirally
thickened walls, Figs. 196, 189), or serve as “nurse-cells” for the
spore-mother-cells, which gradually absorb the nutriment which has
been accumulated in them. In Anthoceros, and almost all the Leafy-
Mosses, a certain mass of cells in the centre of the sporangium
(derived from the endothecium) does not take part in the formation of
the archesporium, but forms the so called “column” or “columella”
(Figs. 190, 191).
 The spores arise in tetrads, i.e. four in each mother-cell, and are
arranged at the corners of a tetrahedron, each tetrahedron assuming
the form of a sphere or a triangular pyramid. The mature spore is a
nucleated mass of protoplasm, with starch or oil as reserve material.
The wall is divided into two layers: the external coat (exospore)
which is cuticularized and in most cases coloured (brown, yellowish),
and the internal coat (endospore), which is colourless and not
cuticularized. On germination the exospore is thrown off, the
endospore protrudes, and cell-division commences and continues
with the growth of the protonema (Fig. 186, B-D).
 Fig. 192.—Andreæa petrophila. A ripe
sporogonium: a an archegonium which has
been raised with the pseudopodium; p the foot;
b the neck; d-e the dark-coloured portion of the
sporangium, whose outer cell-walls are
considerably thickened; c-c the thin-walled
portions where the dehiscence occurs; o the
 lower extremity of the spore-sac; f calyptra; g
the apex of the sporangium. (Mag. 25 times.)

Fig. 193.—Andreæa petrophila. An empty

capsule; the calyptra has fallen off. (Mag. 25
times.)
The morphological explanation which Celakovsky has given of the
sporogonium, and which is not at all improbable, is, that it is homologous with an
embryo consisting of a very small stem-portion and a terminal spore-producing
leaf. This will be further explained in the introduction to the Flowering-plants (p.
236).
In the Liverworts the young sporogonium lives like a parasite,
being nourished by the sexual generation (only in Anthoceros has it
a slight power of assimilation). In the Leafy-Mosses, on the other
hand, with regard to the power of assimilation, all transitions are
found from abundant assimilation (Funaria, Physcomitrium) to almost
complete “parasitism” (Sphagnum, Andreæa). In the majority of the
operculate Mosses the sporogonium has a more or less perfect
system of assimilation, and is able itself to form a large portion of the
material necessary for the development of the spores, so that it
chiefly receives from the sexual generation the inorganic substances
which must be obtained from the soil. The more highly developed the
assimilative system of the sporogonium, the more stomata are
present.
Apospory. In some operculate Mosses it has been possible to obtain a
protonema with small Moss-plants from the seta, when severed from its Moss-
plant, and grown on damp sand.
The Mosses are the lowest plants which are provided with stem
and leaf. They are assigned a lower place when compared with the
higher Cryptogams, partly because there are still found within the
Division so many forms with a mere thallus, partly because typical
roots are wanting and the anatomical structure is so extremely
simple, and partly also because of the relation between the two
generations. The highest Mosses terminate the Division, the
Muscineæ and Pteridophyta having had a common origin in the
Algæ-like Thallophyta.
They are divided into two classes:—
Hepaticæ, or Liverworts.
Musci frondosi. True Mosses or Leafy-Mosses.

Class 1. Hepaticæ (Liverworts).

The protonema is only slightly developed. The remaining part of
the vegetative body is either a prostrate, often dichotomously-
branched thallus, pressed to the substratum (thalloid Liverworts),
with or without scales on the under side (Figs. 194, 197); or a thin,
prostrate, creeping stem, with distinctly-developed leaves, which are
borne in two or three rows (Figs. 195, 198), viz., two on the upper
and, in most cases, one on the under side. The leaves situated on
the ventral side (amphigastria) are differently shaped from the others
(Fig. 198 a), and are sometimes entirely absent. In contradistinction
to the Leafy-Mosses, stress must be laid on the well-marked
dorsiventrality of the vegetative organs; i.e. the very distinct contrast
between the dorsal side exposed to the light and the ventral side
turned to the ground. Veins are never found in the leaves.
The ventral part of the archegonium (calyptra) continues to grow
for some time, and encloses the growing embryo, but when the
spores are ripe it is finally ruptured by the sporangium, and remains
situated like a sheath (vaginula) around its base. The sporangium
opens, longitudinally, by valves or teeth (Fig. 194, 195, 197 b), very
rarely by a lid, or sometimes not at all. A columella is wanting
(except in Anthoceros, Fig. 194); but on the other hand, a few of the
cells lying between the spores are developed into elaters (Fig. 196),
i.e. spindle-shaped cells with spirally-twisted thickenings, which are
hygroscopic, and thus serve to distribute the spores. (They are seen
in Fig. 189 C, not yet fully developed, as long cells radiating from the
base of the sporangium. They are wanting in Riccia).

Fig. 194.—Anthoceros lævis (nat. size): K-K

capsules.
 Fig. 195.—Plagiochila asplenioides: a
unripe, and b an open capsule; p involucre.
The ventral edge of each leaf is higher than its
dorsal edge, and covered by the dorsal edge of
the next one.