BUL3310 Unit 10 Quiz
Big Corp is a defendant in a disparate treatment case brought by Pam who is charging that she was denied a promotion because of gender discrimination. Big Corp will likely win if it can establish which of the following defenses? Pam was denied the promotion for legitimate non-discriminatory reasons. The reason it gave for denying Pam the promotion was a pretext. The denial of the promotion was based on mixed motives. Either A or C
Either A or C
T or F: An independent contractor may file a complaint under Title VII if he or she was not hired by a customer because of gender discrimination
False
T or F: ERISA requires that all employers with more than fifteen employees provide health insurance for the employees
False
T or F: Employees who are not covered by the Fair Labor Standards Act are called "classified employees."
False
T or F: The Family and Medical Leave Act guarantees that an employee will be paid one-half his or her salary for up to six months of leave, so long as the leave was for a "serious health condition."
False
T or F: Title VII caps the amount of damages a plaintiff may collect from a defendant with 100 or fewer employees at $10,000.
False
T or F: Title VII prohibitions against gender-based discrimination include adverse employment actions based on sexual orientation.
False
T or F: Title VII protections against discrimination based on gender apply only to female employees and not to make employees.
False
T or F: To be protected by the public policy exception to employment at will, the public policy that the employee acts to advance must usually be tied to a constitutional, statutory, or administrative law.
False
T or F: To prove disparate impact discrimination in employment, plaintiffs must show, in their prima facie case, that the selection rate for minorities is less than 50 percent of the selection rate for non-minorities.
False
What is the term used to describe the voting conditions necessary for a binding "representation election'' in which the workers in a company vote whether or not to unionize?
Laboratory
An employer who prevents employees from coming to work in an effort to accelerate contract negotiations between management and union leadership engages in a ____ .
Lockout
T or F: A bona fide occupational qualification cannot be used as a defense in claims of discrimination based on race or color.
True
T or F: An employee cannot be terminated under an employment at will contract for refusing to commit an illegal act.
True
T or F: An employee must first file a complaint with the EEOC and get a "right to sue" letter before pursuing a private right of action against his employer for Title VII violations
True
T or F: An employer who fires an at will employee in a public and humiliating manner may be liable to the employee for intentional infliction of emotional distress.
True
T or F: Employers have a duty under Title VII to reasonably accommodate the religious practices of their employees.
True
T or F: It is illegal to retaliate against an employee for filing a complaint with the EEOC.
True
T or F: It is only within the last eighty years or so that the federal government and the states have enacted laws protecting employment rights and workplace safety.
True
T or F: Most states allow employers to require job applicants and employees to undergo alcohol and drug tests.
True
T or F: The good cause exception to employment at will arises during the course of a worker's employment based on the way the employer evaluates rewards and disciplines the employee
True
T or F: The good cause exception to employment at will is based on the conduct of the parties, especially on the conduct of the employer, during the years of employment.
True
ERISA requires that all employers provide both health insurance and pension plans to their employees.
False
Which of the following statements about workers compensation programs is false? Workers compensation laws are state laws that provide benefits to workers injured on the job. An injured worker may collect workers compensation and may sue his or her employer for negligence. If the worker was injured by a defective product used in the workplace, the worker may collect workers compensation and sue the manufacturer Workers compensation does not cover job injuries that are intentionally caused.
An injured worker may collect workers compensation and may sue his or her employer for negligence.
What is the legal doctrine that allows an employee to quit at any time for any reason and an employer to fire an employee at any time for any reason?
Employment at will
What is the agency, created by Congress, to administer the provisions of Title VII that deals with discrimination in the workplace?
Equal Employment Opportunity Commission
In a disparate treatment case, the plaintiff can defeat the defendant's claim that the discriminatory employment decision was taken for a "legitimate non-discriminatory reason" by proving that the reason offered was
a pretext
The final vote in which workers decide whether or not to unionize must be conducted without undue influence from either union or management. The term for these voting conditions is ____ conditions.
Neutral
Title VII does not provide protection from workplace discrimination if the discrimination was based on the employee's ____ .
Sexual orientation
What is the federal agency that investigates and enforces anti-discrimination portions of Title VII?
The Equal Employment Opportunities Commission
To defeat the defense, in a disparate impact case, that the discriminatory practice is "job related and consistent with business necessity," the plaintiff must prove which of the following? The employment practice is a pretext for discrimination. Another non-discriminatory practice exists that achieves the same business result. The employer developed the business practice with the specific intent to discriminate. Either A or B
The employment practice is a pretext for discrimination.
Which of the following statements about unemployment compensation insurance is true? The program is funded and administered by the individual states. The program is a provision of the Family and Medical Leave Act. The program is a provision of the National Labor Practices Act. The program is a provision of the Occupational Safety and Health Act.
The program is funded and administered by the individual states.
Which of the following is NOT a right guaranteed to workers by the National Labor Relations Act of 1935? The right to organize into unions The right to collective bargaining The right to strike The right to lock out management
The right to lock out management
Before a binding vote is held in which workers choose to unionize or not unionize, enough workers must sign authorization cards indicating that they are interested in joining the union. What is the percentage of the work unit who must sign these cards?
Thirty
When an employer creates a work environment so hostile and intolerable that a reasonable employee would quit, the employer has created a condition of ____ .
constructive discharge
The type of employment discrimination that occurs when employment practices have the effect to disqualify a large portion of a protected class is ____ discrimination.
disparate impact
The type of employment discrimination that requires a plaintiff to show that the discrimination is intentional is ____ discrimination.
disparate treatment
To be entitled to the protections of the Family and Medical Leave Act, the employee must have worked for the employer for ____ months and the employer must have ____ employees.
12; 50
Only employers who have ____ or more employees are subject to the Family and Medical Leave Act.
50
A prima facie claim of disparate impact discrimination is established if the selection rate for members in a protected class is less than ____ percent of the selection rate for members in the majority class.
80
Which of the following activities is permitted by the Taft-Hartley Act? A business may require that a worker be a member of a union as a condition for being hired. A business may require that a worker join a union after he has worked for a certain period of time Unions may organize secondary boycotts to protest the employment practices of other employers. Unions may veto management lay offs of workers during slow business periods.
A business may require that a worker join a union after he has worked for a certain period of time
Which of the following employers is NOT subject to Title VII's antidiscrimination provisions? A business organized as a sole proprietorship A business that has twelve employees A U.S. firm doing business in England A corporation with fewer than fifteen shareholders
A business that has twelve employees
An employer whose termination of an at-will employee violates a public policy is liable to the employee for which of the following? Unpaid back pay and benefits Punitive damages Damages for pain and suffering All of the above
All of the above
Employees who are hired under an at-will employment contract still may not be terminated in which of the following situations? The employer created a work environment that led to the creation of a "good cause" exception The termination violates a public policy. The employee is being dismissed for whistle blowing All of the above
All of the above
Exceptions to the employment at will doctrine have been created by which of the following? State statutes Federal statues State courts All of the above
All of the above
How could a private employer institute a voluntary minority racial preference plan without violating Title VII? If it is for a limited time If it opens employment opportunities to racial minorities in jobs from which they were traditionally excluded If it does not eliminate or unnecessarily restrict the hiring of white candidates All of the above
All of the above
John, who is employed by a private business, was injured on the job. How will OSHA learn of the job safety violation that caused his injury? John may report his injury directly to OSHA. John's employer must report his injury to OSHA. OSHA may conduct an inspection of John's worksite. All of the above
All of the above
What must a worker do to be eligible for unemployment compensation? She must have been employed for a specified period of time. She must be actively looking for another job She must not have been fired for egregious behavior in the workplace All of the above
All of the above
Which of the following statements about unemployment compensation is true An employee must have worked for a minimum amount of time to qualify. Employees who quit without good cause are ineligible for benefits. Employees who were fired for cause are ineligible for benefits. All of the above
All of the above
Which of the following workers is covered by the Fair Labor Standards Act's wage and hour requirements? A child actor while making a movie The CEO of Ford Motor Company An assembly line worker in a Ford Motor Company plant The sales representative of a pharmaceutical company whose territory covers three states
An assembly line worker in a Ford Motor Company plant
Which of the following statements about the good cause exception to the employment at will doctrine is false? An employee who wins a suit for wrongful termination under the good cause exception is entitled to back wages, damages for pain and suffer Thirty years of continuous employment is good evidence that an implied contract to terminate only for good cause has been created. The good cause exception is created by the conduct of the parties, particularly the conduct of the employer, during the years of employment. A and B only
An employee who wins a suit for wrongful termination under the good cause exception is entitled to back wages, damages for pain and suffer
Assume that the defendant in disparate impact case claims, as an affirmative defense, that the employment practice which is complained of is, "job related and consistent with business necessity." What can Plaintiff show to defeat this defense? The practice is a pretext for discrimination. There is another, non-discriminatory employment practice that fills the same function. The defendant had been investigated by the EEOC at least twice within the last ten years. Both A and B
Both A and B
Bona fide occupational qualification is a defense narrowly interpreted by the courts, which applies to cases of employment discrimination that are based on which of the following? Gender National origin Both A and B
Both A and B
Employers who dismiss an employee in a public and demeaning way may be liable to the employee in tort for which of the following? Invasion of privacy Intentional infliction of emotional distress Wrongful interference with a contractual relationship Both A and B
Both A and B
To collect workers compensation, what must an employee do? Suffer an injury that arose out of his employment Be included in the category of workers entitled to workers compensation Not be out of work for more than ten days Both A and B
Both A and B
Under the National Labor Relations Act, businesses may NOT do which of the following? Prevent workers from forming a union Discriminate against workers for joining a union Lay off workers in business downturns without the approval of twenty-three of the workers in a shop vote Both A and B
Both A and B
What is the source of the employment at will doctrine?
Common law
An employee who quits a job because the employer created an intolerable work environment has a cause of action under Title VII for which of the following?
Constructive discharge
Which of the following is NOT part of plaintiff's prima facie case for showing disparate treatment? Plaintiff is a member of a protected class. Plaintiff was qualified for the position. Plaintiff was rejected for the position. Defendant has eliminated the position.
Defendant has eliminated the position.
Which of the following statements about the Employee Retirement Income Security Act (ERISA) is true? ERISA requires that all employers with fifteen or more employees provide an employer pension plan. ERISA requires that all employers with fifteen or more employees provide a health care plan. ERISA sets standards for employer sponsored pension plans and requires periodic and detailed disclosures about the pension's funding and inv A and C only
ERISA sets standards for employer sponsored pension plans and requires periodic and detailed disclosures about the pension's funding and inv
What does the Family and Medical Leave Act require?
Employees are entitled to twelve weeks of medical leave during a twelve month period.
Why do workers compensation laws benefit employers?
Employees cannot sue their employers for negligence even if the employer's negligence caused the injuries.
Which of the following statements about employer-funded pensions and health benefit plans is true? Employers are required by federal law to provide health insurance for their employees. Employers are required by federal law to provide pension plans for their employees. Employer pension plans are subject to numerous federal reporting and disclosure laws. Both A and B
Employer pension plans are subject to numerous federal reporting and disclosure laws.
What is the federal statute that prohibits employers from paying employees of one gender less than employees of another gender for doing substantially equal work?
Equal Pay Act
Doctors, lawyers, executives, and others who are not covered by laws regulating overtime pay are classified as ____ employees.
Exempt
T or F: Employees who are covered by the Fair Labor Standards Act must receive double their hourly salary for each hour of overtime they work
False
T or F: Sid's Sub Shop hired Ted to manage the shop from January 1, 2007 to December 31, 2007. This is an employment at will contract.
False
T or F: The Equal Pay Act is the source of the federal requirement that an employer reasonably accommodate the religious practices of its employees.
False
T or F: Title VII does not apply to sole proprietorships, regardless of the number of people a business employs.
False
T or F: To prove disparate impact discrimination, a plaintiff must show that the practices complained of were "designed and intended" to disadvantage him or her.
False
T or F: Under Section 7 of the National Labor Relations Act, workers who are members of a union retain the right to negotiate individual employment contracts with their employers.
False
T or F: Under the National Labor Relations Act employers must re-hire workers who went on strike for higher wages or increased benefits.
False
T or F: Union shops are illegal under the Taft-Hartley Act.
False
T or F: What constitutes a hostile work environment is a matter of law and does not vary from workplace to workplace.
False
T or F: Workers Compensation Insurance is a comprehensive program that covers all job related injuries, including those that were intentionally inflicted.
False
What are state "right to work" laws designed to do?
Forbid employers from requiring that workers be members of a union as a condition of employment
The Equal Pay Act prohibits discrimination in pay scales and compensation based on ____ .
Gender
When workers protest a management policy by refusing voluntary overtime and arranging for selected workers to call in sick, they are engaging in a ____ .
Job action
Which of the following categories of workers is NOT covered by the National Labor Relations Act? Employees of the federal government Employees of state governments Independent contractors None of the above are covered by the NLRA
None of the above are covered by the NLRA
Which of the following statements about minority racial preference plans under Title VII is false? Racial preference plans are, without exception, forbidden under Title VII. Racial preferences can be used for a limited period of time. Racial preferences can be used to open employment opportunities in traditionally segregated jobs. Racial preference plans must preserve some protections for white employees.
Racial preference plans are, without exception, forbidden under Title VII.
Which federal statute sets standards for employee pension and benefits plans? The Fair Labor Standards Act The Employee Retirement Income Security Act The National Labor Relations Act The Landrum-Griffin Act
The Employee Retirement Income Security Act
Which federal statute regulates minimum wages, overtime, and the employment of minors?
The Fair Labor Standards Act
Which federal statute requires that employers provide safe working conditions for their employees?
The Occupational Safety and Health Act
What is the federal statute that makes it illegal for unions to organize secondary boycotts, promote featherbedding, and refuse to bargain with employers?
The Taft Hartley Act
T or F: Employers who violate OSHA regulations are subject to fines and, if the violations are willful, imprisonment.
True
T or F: Featherbedding is an illegal activity in which unions force employers to hire more employees that necessary.
True
T or F: Following a complaint to the EEOC, Morgan was denied a promotion for which he was qualified. The denial is an example of retaliation that is prohibited by Title VII.
True
T or F: Only contract damages are available to a successful plaintiff who proves wrongful termination based on the good cause exception to the employment at will doctrine
True
T or F: The Americans with Disabilities Act prevents employers from requiring that job applicants or employees undergo medical tests as a condition of employment.
True
T or F: The Occupational Safety and Health Act imposes on employers both a general duty to provide a safe work place and specific duties that are tailored to the employers' particular industries.
True
T or F: Title VII makes it illegal for an employer to sexually harass an employee in the workplace.
True
T or F: Title VII protections against discrimination in employment do NOT apply to independent contractors.
True
T or F: To collect state unemployment insurance, a worker must be actively seeking a replacement job that is appropriate for someone with his skills, education and work history.
True
T or F: To collect workers compensation an employee's injury must have occurred in the workplace or in a work-related situation.
True
T or F: Under the Fair Labor Standards Act, covered workers are entitled to one and a half times their hourly wages for overtime.
True
T or F: Under the Pregnancy Discrimination Act, pregnancies must be treated by the employer like any other medical condition that may affect an employee's status.
True
T or F: When workers strike for higher wages, management may hire replacement workers and refuse to rehire the striking workers when the strike is over.
True
When an employer punishes an employee for reporting illegal employment practices to the EEOC, the employer engages in ____ .
retaliation
A claim for discrimination cannot be brought under Title VII if the discrimination is based on ____ .
sexual orientation
The clause in OSHA that details the requirements that different kinds of equipment, such as scaffolding, must meet in various occupations is the ____ clause.
specific duty
