Business Law Chapter 31
Most employees are considered at-will employees
True
The EEOC must receive a filed complaint by a private complainant and then choose whether or not to bring suit against the employer on the complainant's behalf.
True
The Equal Employment Opportunity Commission is responsible for enforcing most federal antidiscrimination laws.
True
The Fair Labor Standards Act puts limits on the type of work and hours of work for workers under the age of 18
True
The Pregnancy Discrimination Act forbids employment discrimination because of pregnancy.
True
The employee retirement income security act requires pension plans be in writing
True
The employer bears the burden of proving that there is a legal justification for paying unequal wages to male and female workers.
True
The federal circuit court of appeals may hear appeals of OSHA's contested citation reviews
True
Aaron, after a long and distinguished career at a nuclear weapons plant in the plutonium storage department, is hired by a local company to work in its warehouse. Aaron's skin has turned bright green from his years around the plutonium, but he is otherwise healthy and is not, himself, radioactive in any way. All scientific and health experts have determined that this condition is permanent, but harmless. After working in the warehouse, Aaron is not promoted, and Aaron believes it is because of his green skin. Which of the following, if it is true and is the reason that Aaron was not promoted, would give Aaron the best chance of prevailing if Aaron sues his employer because he was not promoted. a. A white worker was promoted because the white worker was simply a better warehouseman. b. A black worker was promoted because the black worker has worked longer for the employer, and promotions were made on the basis of seniority. c. Supervisors need to understand the computerized inventory system and Aaron did not, despite his attempts to understand it. d. Despite the opinion of experts, some of the people Aaron would be supervising thought he had some kind of disability and therefore did not want to work for him. e. Aaron had told his boss that he was gay and this was the reason he was not promoted
Despite the opinion of experts, some of the people Aaron would be supervising thought he had some kind of disability and therefore did not want to work for him.
Center City adopted a rule that all employees of Center City had to live within the city limits. Center City is right next to Elmville. Center City has no African Americans, but one-third of the residents of Elmville are African American. Due to the rule, no employee of Center City is African American. The rule is most likely: a. Disparate treatment discrimination. b. Pattern of practice of discrimination. c. Disparate impact discrimination from a facially neutral rule. d. National origin discrimination. e. Not illegal discrimination
Disparate impact discrimination from a facially neutral rule.
The mere posting of a swimsuit calendar in the lunchroom of the ABC Company is not sexual harassment, as it is not specifically aimed at any one individual in the company
False
The right of an employee to practice his or her religion is absolute.
False
The unemployment compensation program is run at the federal level to ensure equality of benefits across the country
False
Title VII expressly prohibits religious organizations to give preference in employment to individuals of a particular religion
False
UNemployment insurance premiums are paid by employess
False
Under the Famility and Medical Leave Act, an employer may not require medical proof of claimed serious health conditions
False
Undocumented aliens may not bring actions for employment discrimination under Title VII.
False
Whether an accommodation is "reasonable" under the Americans with Disabilities Act does not depend on the employer's size or financial resources.
False
Workers may not sue their employer to recover damages for employment-related injuries if the employer does not carry workers compensation insurance
False
an at will employee can be fired if the employee refuses to follow the employers order to do an act that is in violation with the law
False
if an employee is injured during the course of her employment, she may either sue the employer in court or proceed with a workers compensation claim
False
under the social security program, a workers social security taxes paid during her working years are accumulated in an account to be used in paying her retirement benefits once she retires
False
Some policies that apply equally to members of different races can violate the Civil Rights Act of 1964 because of the overall impact on the different races.
True
Statistical imbalance between an employer's workforce and the relevant population is not enough, by itself, to prove disparate impact discrimination
True
The occupational Safety and Health Act does not apply to government employers
True
The two types of safety standard under the occupational safety and Health Act are specific duty standards and general duty standard
True
Title I of the ADA requires employers to make reasonable accommodations to individuals with disabilities.
True
Under the Occupational Safety and Health act, employers must not only meet numerous specific safety standard, but they must generally provide a safe working environment
True
generally, preemployment drug screening of employees has been upheld by the courts
True
if an employers termination of an employee also involces the commission of a tort, the at will doctrice would generally not apply
True
surviving family member of deceased workers can receive benefits under the social security program
True
the employment at-will doctrine is law in most states, although numerous exceptions greatly limit its application in many circumstances today
True
under the Federal Unemployment tax act, employers are required to pay unemployment taxes
True
under the employee retirement income security act, an employees benefits must vest within 7 years or less
True
The contract exception to the employment at-will doctrine can apply where: a. There is an express employment contract. b. There is an employee policies or procedures manual. c. Oral statements have been made to the employee about continued employment. d. A or B only. e. A, B, or C.
e. A, B, or C.
Under the Civil Rights Act of 1964, an employer cannot discriminate against a member of a protected class in: a. Hiring. b. Termination of employment. c. Promotion. d. Conditions of Employment. e. All of these are correct.
e. All of these are correct.
The Civil Rights Act of 1964 protects against discrimination based on: a. Sex. b. Sexual preference. c. Both sex and sexual preference. d. Neither sex nor sexual preference.
sex
The employee Retirement Income Security Act Mandates which employers must provide pension plans for its employees
False
Preemployment drug screening has been upheld by the courts
True
The employee Retirement Income Security Act allows up to 25 percent of a retirement plans assets to be invested in the securities of the sponsoring employer
False
The first step for an employee pursuing a workers compensation claim is to file a lawsuit in Federal District Court
False
Under the Occupational Safety and Health Act: a. Purchasers of a company's products are assured that they are safe for use in the home. b. A company can be found to be in violation even if a specific safety regulation is not violated. c. Complaints are handled by the Equal Employment Opportunity Commission. d. Very few safety standards have actually been adopted
A company can be found to be in violation even if a specific safety regulation is not violated
Under workers' compensation, when an employee is accidentally injured on the job: a. A worker can sue the employer in addition to recovering from workers' compensation, but only if the employer intentionally caused the injury. b. A worker has the choice of whether to file a normal lawsuit or recover from the workers' compensation board. c. A worker can file a normal lawsuit and recover from the workers' compensation board. d. Whether the injury occurred in the course of employment is not relevant.
A worker can sue the employer in addition to recovering from workers' compensation, but only if the employer intentionally caused the injury.
In a hostile work environment sexual harassment claim, the employer will have a successful defense if the employer can show that: a. The employer took reasonable care to prevent or correct the conduct and the employee did not take advantage of corrective or preventive opportunities of the employer to remedy the situation. b. The employee was offended by conduct that the employer in good faith did not consider to be offensive. c. There were no adverse consequences to the employee's work status, such as a demotion or denied promotion. d. The employee stands to personally gain if the persons engaging in the sexual harassment are reprimanded.
A, B, and C
Spruce Corporation has 100 employees, engages in interstate commerce, and has been in existence since it incorporated in 1985. Spruce never had a pension plan for its employees, but decided to adopt one beginning in 2003. Spruce has been a very successful company, so the company decided that 25 percent of the pension plan assets would be put into stock of Spruce Corporation. The pension plan provides that employees will vest within 3 years of earning benefits. Spruce is in violation of the Employee Retirement Income Security Act: a. Before adopting its pension plan, but not thereafter. b. After adopting its pension plan, but not beforehand. c. Both before and after the adoption of the pension plan. d. Neither before nor after adopting the pension plan.
After adopting its pension plan, but not beforehand.
Three persons have been turned down for jobs because of their age. Alice, age 72, was turned down because she was too old. Betty, age 45, had applied for a job where most of her customers would be senior citizens and was turned down because she was too young. Cathy, age 35, was turned down for a teaching job because the school wanted very young teachers and thought she was too old. Assuming each was otherwise qualified for the job sought, who has a valid claim for illegal age discrimination? a. Alice only. b. Alice and Cathy. c. Alice and Betty. d. Betty only. e. Alice, Betty, and Cathy
Alice and Betty.
Who is protected under the Age Discrimination in Employment Act? a. All workers who are age 40 or over. b. All workers of any age who are discriminated against for being too old. c. All workers who are in a job in which they were 40 years of age or over when hired. d. Any worker who is replaced with a younger worker.
All workers who are age 40 or over.
Diana is up for promotion to Sales Manager at West Coast Products. The company presently has 12 female sales managers and ten male sales managers. Diana is turned down for the promotion and, in explaining this, the company president tells her that although she is generally well qualified, she is too aggressive and acts too much like a man. The president also says to Diana, "It's not because you are a woman. Obviously this company has nothing against women given that we have 12 women sales managers and that I, as company president, am a woman." When Diana sues West Coast Products under section VII of the Civil Rights Act of 1964, the court will: a. Deny recovery to Diana because she is not a member of a protected class. b. Deny recovery because the company does not generally discriminate against women. c. Allow recovery because Diana was turned down in part because she is a woman. d. Allow recovery if Diana can prove that at least one male with her qualifications was promoted in the past. e. Allow recovery only if Diana cannot obtain similar employment elsewhere.
Allow recovery because Diana was turned down in part because she is a woman.
One major reason for suing under Section 1981 of the Civil Rights Act of 1866 rather than the Civil Rights Act of 1964, is that the Civil Rights Act of 1866: a. Has broader coverage. b. Allows for a private action to be instituted without going to the EEOC. c. Allows for the recovery of greater damages. d. A, B, and C. e. B and C only.
B and C only.
Joe, a high school student, just received his first paycheck from his first job. He notices that he was not paid the minimum wage and he is concerned. Which of the following statements is true? a. Managerial and professional employees are subject to the minimum wage laws. b. An employer may pay lower wages if food and lodging are provided to the employee. c. An employee is entitled to minimum wage only if he works over 40 hours per week. d. An employee can be paid a wage below the minimum wage if the employee is a student. e. Both B and D are true.
Both B and D are true.
The Test whether an employee can recover under workers compensation is whether the injury affects the employees performance of the job
False
Which of the following statements is not true under the Fair Labor Standards Act? a. Children under 14 cannot work at all, except on farms. b. Children ages 14 and 15 may work limited hours in nonhazardous jobs. c. Children ages 16 and 17 may work unlimited hours in nonhazardous jobs. d. Persons age 18 or over may work unlimited hours in nonhazardous jobs. e. Persons age 18 or over may work unlimited hours in hazardous jobs
Children under 14 cannot work at all, except on farms.
Which of the following is not addressed by ERISA? a. Funding requirements of pension plans. b. Companies that must provide pension plans for employees. c. Investment limitations of a pension fund in the stock of the sponsoring corporation. d. Vesting requirements. e. Disclosure and reporting requirements.
Companies that must provide pension plans for employees.
Company handbooks have been found to amount to a(n) ___________ exception to the employment at-will doctrine. a. Contract b. Public policy c. Tort d. Apparent e. Statutory
Contract
Social Security provides benefits for the following except: a. Retired persons who have reached a certain age. b. Surviving family members of deceased workers. c. Coworkers benefits. d. Disability benefits. e. Medical and hospitalization benefits.
Coworkers benefits
Spruce Industries is a manufacturing factory located in El Rosa. El Rosa is 25 percent Hispanic, but Spruce has only 2 percent Hispanic employees. This data supports the charge that Spruce has engaged in: a. Disparate treatment discrimination. b. Disparate impact discrimination from a facially neutral rule. c. Sex discrimination. d. Not illegal discrimination
Disparate impact discrimination from a facially neutral rule.
If a qualified black person applied for a particular job and was rejected for that job just because he was black, and the employer kept the position open and hired an equally qualified white person, it would be a case of which of the following types of discrimination? a. Disparate treatment discrimination. b. Pattern of practice of discrimination. c. Disparate impact discrimination from a facially neutral rule. d. Sex discrimination. e. It would not be illegal discrimination.
Disparate treatment discrimination.
Mary goes to work for Rocky Mountain Company, which has a pension plan requiring her to work at least ten years in order to be entitled to her benefits if she quits. This is a violation of: a. Employee Retirement Income Security Act. b. Social Security Act. c. Equal Pay Act. d. Fair Labor Standards Act. e. None of these are correct
Employee Retirement Income Security Act.
Which of the following best describes the employment at-will doctrine a. employees remain employed only if the employer wants them to be employed b.employees remain employed only if the employees want to be employed c.employees remain employed only if both the employer and the employee want the employment relatonship to continue d. whether an employment relationship continues is based on the will of the government
Employees remain employed only if both the employer and the employee want the employment relationship to continue
which of the following is not one of the common exceptions to the employment at will doctrine a. contract b.public policy c.employer necessity d. tort e. Statutory
Employer Necessity
The Americans with Disabilities Act requires that: a. Persons with qualifying disabilities receive preference in hiring whenever possible. b. Applicants for jobs are asked about their disabilities in order to identify them. c. Employers make reasonable accommodations to accommodate employees' disabilities. d. Newly hired employees have physical examinations to identify disabilities. e. Persons with disabilities notify a potential employer of disabilities prior to being hired
Employers make reasonable accommodations to accommodate employees' disabilities.
The Equal Employment Opportunity Act of 1972 was created to eliminate job discrimination based on race alone.
FALSE
The concept of bona fide occupational qualification is broadly interpreted by the courts.
False
. A private plaintiff must also go through the procedural requirements of Title VII in order to bring an action
False
. A successful plaintiff in a Title VII action may not recover attorneys' fees.
False
26. The Age Discrimination in Employment Act only protects workers from age 40 to age 70.
False
30. The ADA does not apply to mental disabilities.
False
An accident that happens whil the employee is at an off premises restauraunt during his or her personal lunch hour are covered under workers compensation
False
An employer may question a job applicant about the severity of his or her disability.
False
For an employer with a 2 week pay period , overtime pay must be paid to a non exempt employer only if the hours worked in the pay period exceed 80, regardless of how many hours were worked in each of the weeks
False
For purposes of overtime pay, weeks may be combined to double the overtime pay due to an employee
False
If a violation of the Equal Pay Act is found, the employer may reduce the wages of the other workers to eliminate the unequal pay.
False
Lawful affirmative action plans that have an effect on members of majority classes are actionable by the members of the majority class who are affected.
False
National origin refers to the color of a person's skin.
False
One of the "factors other than sex" that justifies lower wages for women under the Equal Pay Act is that women are willing to work for less money than men are.
False
Only some U.S. employers must complete INS form I-9 for each of their employees
False
Same-sex discrimination does not violate Title VII.
False
Sex discrimination as per the Title VII definition applies only to men.
False
So long as an employer follows the specific safety standards applicable to the particular industry, th employer will not be in violation of the occupational safety and health act
False
The Fair Labor Standards act applies to govermental employers
False
A male driver for a company is paid $1 per hour less than a female driver. Which of the following is least likely to be a valid reason under the Equal Pay Act? a. The female driver has worked longer for the company. b. The female driver has a better safety record than than the male driver does. c. The female driver drives a larger truck that is harder to drive. d. Females are thought by the owner to be safer drivers on average.
Females are thought by the owner to be safer drivers on average.
The purpose of the Form I-9 under the Immigration Reform and Control Act of 1986 is: a. For the employer to attest to having inspected an employee's documentation showing that the employee is entitled to work in the United States. b. For the employer to grant a waiver from work visa requirements for foreign workers. c. For the employer to document illegal aliens working in the United States. d. To document that the employer is complying with the Civil Rights Act of 1964 with respect to employment discrimination on the basis of national origin.
For the employer to attest to having inspected an employee's documentation showing that the employee is entitled to work in the United States.
ORIOLE Corp. has a large manufacturing facility in Springfield. ORIOLE hires both male and female employees. However, there are four times as many adult women in Springfield as adult men looking for work. Therefore, ORIOLE must pay men more than women to get them to work for ORIOLE. The practice of paying men more than women is: a. Illegal, because of pay discrimination. b. Legal, because of a seniority system. c. Legal, because of the different prevailing market wages for men and women. d. Legal, because the pay is based on a difference in quantity or quality of work. e. Legal, because the pay is based on "some other factor than sex."
Illegal, because of pay discrimination.
Which is true if someone believes that he was fired from a job because of his religion? a. He must prove that the person who fired him is of a different religion. b. He must first file a complaint with the Equal Employment Opportunity Commission or an equivalent state agency prior to being able to file suit in court. c. He will not have a claim if the employer has a disproportionately high number of employees of the same religion. d. He must prove that he is a reasonably active practitioner of his religion.
He must first file a complaint with the Equal Employment Opportunity Commission or an equivalent state agency prior to being able to file suit in court
Which of the following situations would be a bona fide occupational qualification? a. Hiring only Hispanic waiters at a restaurant that markets to a Hispanic clientele. b. Hiring only men to be attendants in the locker room of a men's health club. c. Hiring only Catholics to be waitresses in a restaurant that caters to a largely Catholic population. d. Both A and B. e. Both B and C
Hiring only men to be attendants in the locker room of a men's health club.
Sarah's religion requires her to cover her hair and face in public. When she applies for a job as a teller at First Bank, she is told that she will be required to wear the company uniform and cannot cover her hair and face. Which of the following is correct? a. If First Bank hires Sarah, she must wear the same uniform as everyone else. b. First Bank can refuse to hire Sarah because of her religion. c. If First Bank hires Sarah, it must make a reasonable accommodation for her religious beliefs. d. The law does not cover this situation.
If First Bank hires Sarah, it must make a reasonable accommodation for her
Megan is under 18 years of age and she wants to get a job. However, she has heard that her employment is limited because she is under age. Which of the following statements is true? a. If Megan is under 14, she cannot get any job. b. If Megan is under 18, she can get any job she wants, so long as her parents consent. c. If Megan is 14 or 15, she can work unlimited hours in nonhazardous jobs. d. If Megan is 16 or 17, she can work unlimited hours in nonhazardous jobs.
If Megan is 16 or 17, she can work unlimited hours in nonhazardous jobs.
Bart is the manager of Great Enterprises. A handicapped individual has applied for a job at Great Enterprises. Bart wants to know his responsibilities under the Americans with Disabilities Act. Which of the following statements is true about those responsibilities? a. A user of illegal drugs is covered under the Act. b. Bart can require a medical examination before offering employment to this person. c. If a deaf applicant can perform the job functions only if she is provided with a sign language interpreter, she is protected under the Act. d. Under the Act, undue burden is defined without considering cost.
If a deaf applicant can perform the job functions only if she is provided with a sign language interpreter, she is protected under the Act.
Mary arrived at work one day and her boss said to her, "That's the ugliest dress I have ever seen. Because you wore that to work today, you are fired." Assuming that Mary is an at-will employee, which of the following is true? a. Mary can be fired for any reason. b. If Mary has the will to work, she cannot be fired without cause. c. If none of the exceptions to the at-will rule apply, Mary can be fired. d. Mary can be fired only if it is in the best interest of the employer
If none of the exceptions to the at-will rule apply, Mary can be fired.
Oriole Corporation has a large factory in Center City. Of Oriole's factory workers, 80 percent are white and 20 percent are black. However, the general population of Bigtown is about 50 percent black, and has been for over 50 years. This data would indicate that Oriole's hiring practices have been: a. Legal because no specific black person has been discriminated against. b. Legal because as some blacks were hired by Oriole, there can be no discrimination. c. Illegal because this shows a disparate treatment discrimination. d. Illegal because this shows a disparate impact discrimination.
Illegal because this shows a disparate impact discrimination.
Under the Employee Retirement Income Security Act, an employee's benefits must vest: a. Within 10 years. b. By the time of the employee's retirement. c. In total within 5 years or gradually within 7 years. d. Only as provided in the pension plan. e. When the benefit is first recorded
In total within 5 years or gradually within 7 years.
Which of the following employers have been expressly excluded from Title VII? a. Labor unions. b. State and local governments. c. Most federal agencies. d. Indian tribes. e. All of these are correct.
Indian tribes.
Which of the following best describes the status of the employment at will doctrine in the United States today. a. It applies in most states to most employment relationships, but there are many exceptions that limit its application b. It applies more today than in the last century, and the quantity of corporate layoffs is evidence of this c. It today applies only to the employer, although in the past it applied to both the employee and employer d. It still applies today, but only to employees who are expressly told that they are at-will employees when they are hired e. It is the underlying basis on which discrimination is prohibited in employment
It applies in most states to most employment relationships, but there are many exceptions that limit its application
Which of the following is true about the Employee Retirement Income Security Act? a. It requires employees to contribute a fair share to any pension plans provided by their employer. b. It states which types of companies must provide pension plans to their employees. c. It sets required retirement ages for employees. d. It does not require employers to provide pension plans.
It does not require employers to provide pension plans.
Which of the following is true about the Americans with Disabilities Act? a. It affects only the employment of persons with disabilities. b. It clearly sets limits and requirements relevant to employers. c. It not only prevents discrimination based on disabilities, but employers can be required to incur costs in order to accommodate disabled individuals in their jobs. d. It requires employers to ask about an applicant's disabilities so that the employer knows if the applicant is covered
It not only prevents discrimination based on disabilities, but employers can be required to incur costs in order to accommodate disabled individuals in their jobs
Which of the following is not true regarding the Occupational Safety and Health Act? a. Its purpose is to protect the safety of workers and the safety of those who purchase the employer's products or services. b. Employers are subject to having their workplaces inspected under the Act. c. Even though the Act contains numerous specific safety standards, employers must also provide a work environment that is free from recognized hazards that could cause death or serious injury. d. Employers are required to post notices in the workplace informing workers of their rights under the Act. e. Employees do not have a private cause of action under the Act.
Its purpose is to protect the safety of workers and the safety of those who purchase the employer's products or services.
A bona fide occupational qualification is required to be: a. Job related and cost effective. b. Job related and nondiscriminatory. c. Job related and a business necessity. d. Rationally based and evenly applied. e. Long-term and permanently applied.
Job related and a business necessity.
A job applicant in the city of Portland is not hired by a corporation because he is gay and because he is from California. He could: a. Recover under Title VII of the Civil Rights Act. b. Recover under the Fair Labor Standards Act. c. Recover because this is an improper burden on interstate commerce. d. Keep looking for a job because he has no remedy under federal statutes.
Keep looking for a job because he has no remedy under federal statutes.
In a hospital, nurses are paid less then janitors. The nurses need more education to become nurses than the janitors need to become janitors. The janitors must lift heavier objects than the nurses, but the nurses have more responsibility than the janitors. This discrimination in the amount paid to nurses and janitors is: a. Legal, because the jobs are not similar. b. Illegal, because the nurses need more education. c. Illegal, because the nurses have more responsibility. d. Legal, because the janitors need to lift heavier items. e. Legal, because the nurses have better working conditions than the janitors
Legal, because the jobs are not similar.
Martha and John work in a factory. The factory pays each worker $5 per hour plus $.25 per piece of work completed. John is always paid more money than Martha, because John can work faster than Martha can. This situation is: a. Illegal, because of pay discrimination. b. Legal, because of a seniority system. c. Legal, because of a defined merit system. d. Legal, because the pay is based on a difference in quantity or quality of work. e. Legal, because the pay is based on "some other factor than sex."
Legal, because the pay is based on a difference in quantity or quality of work.
Under the Fair Labor Standards Act: a. Limitations are placed on the hours that workers can work each week without being paid overtime. b. A minimum wage is set, but is not required to be paid if the worker agrees to accept a lower amount. c. Workers are prevented from working in hazardous jobs. d. Employers are not required to pay overtime for a nonexempt employee who works 45 hours in the first week but only 25 hours in the second week of a 2-week pay period.
Limitations are placed on the hours that workers can work each week without being paid overtime.
William was a factory worker at the Spruce Industries plant. When it was learned that he was a homosexual, he was fired. This action is: a. Not prohibited by federal law. b. A violation of Title VII. c. Illegal sex discrimination. d. A violation of the Equal Pay Act. e. A violation of the Civil Rights Act of 1964
Not prohibited by federal law
Overtime pay is required to be paid to nonexempt employees who work: a. Over 8 hours per day. b. Over 10 hours per day. c. Over 12 hours per day. d. Over 40 hours per week. e. Over 50 hours per week.
Over 40 hours per week
The Equal Employment Opportunity Commission has the power to do the following except: a. Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes. b. File suits to enforce antidiscrimination statutes on behalf of complainants. c. Conduct investigations related to the antidiscrimination laws. d. Interpret antidiscrimination statutes.
Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes.
Which of the following would not qualify as a disability under the Americans with Disabilities Act? a. Aaron's past addiction to cocaine. b. Mike's inability to use his arms. c. Pat's inability to make it through the day without several drinks of alcohol. d. The impression among many people that Sandy is disabled due to a leg injury when, in fact, her leg functions normally.
Pat's inability to make it through the day without several drinks of alcohol.
The primary goal of establishing workers' compensation systems is to: a. Provide a more certain method for employees to recover for workplace injuries. b. To protect the court system from being burdened with lawsuits relating to workplace injuries. c. To discourage workers from filing frivolous claims relating to workplace injuries. d. To prevent injuries in the workplace. e. To ensure that injured workers return to work as quickly as practicable.
Provide a more certain method for employees to recover for workplace injuries.
An at-will employee being threatened with termination if the employee does not violate a law at the direction of the employer would be protected under which exception to the employment at-will doctrine? a. Contract. b. Public policy. c. Tort. d. Criminal. e. Statutory.
Public policy
Which of the following are protected classes under Title VII of the 1964 Civil Rights Act? a. Race, national origin, and sex. b. Race, national origin, and political affiliation. c. Race, religion, and sexual orientation. d. National origin, race, and alien status. e. Religion, color, and prior welfare eligibility
Race, national origin, and sex.
Which of the following factors can never be used as a legal bona fide occupational qualification? a. Sex. b. Religion. c. Race. d. B and C. e. A and C.
Race.
Minimum wages, hours of employment, and child labor are regulated by the: a. Right to Work Laws. b. Regulated Hours Act. c. Federal Employment Act of 1940. d. Fair Labor Standards Act
Right to Work Laws.
If a party has presented a complaint to the Equal Employment Opportunity Commission about alleged discrimination in violation of the Civil Rights Act of 1964, and the EEOC decides not to bring a suit on behalf of the employee, the EEOC will issue a(n): a. Order of dismissal of the complaint. b. Notice of the complainant's right to appeal to the appropriate court of appeals. c. Judgment in the employer's favor. d. Injunction to prevent the illegal behavior in the future. e. Right to sue letter
Right to sue letter
Which of the following individuals does not have a claim under the Americans with Disabilities Act? a. John, who is unable to walk and must use a wheelchair. b. Bill, who has a record of severe asthma (which requires him to limit almost all physical activity), but who has not had an attack for several months. c. Sandy, who is addicted to alcohol and has tried all currently accepted techniques but simply cannot stop drinking. d. Alice, who has one arm five inches shorter than the other arm. Alice can do anything that persons with arms of equal length can, but most people incorrectly assume that she is limited in her physical abilities. e. Aaron, a former cocaine addict who has used no drugs or alcohol for 5 years and appears to have overcome his addiction.
Sandy, who is addicted to alcohol and has tried all currently accepted techniques but simply cannot stop drinking.
Bob, an employee of Risky Manufacturing, Inc. is accidentally injured by a fellow worker while working his shift. Under workers' compensation, Bob can: a. Sue Risky or seek workers' compensation recovery, but not both. b. Sue Risky or seek workers' compensation recovery. c. Seek workers' compensation only. d. Recover from workers' compensation only if Risky was negligent in allowing the injury to occur.
Seek workers' compensation only.
Which of the following items is a legal justification for paying unequal wages based on gender? a. Seniority only. b. Merit only. c. Quantity or quality of work only. d. Seniority, merit, and quantity or quality of work. e. There are no legal justifications for paying unequal wages.
Seniority, merit, and quantity or quality of work.
Jane is a manager of a bank. She has all of the qualifications to be promoted to bank manager. In fact, she is better qualified than any of the males being considered for that position. However, the owner of the bank believes that the bank customers will not accept a woman as bank manager, so the owner promotes one of the males. The owner's actions would best be described by: a. Quid pro quo sex discrimination. b. Hostile working environment sex discrimination. c. Sex discrimination. d. Pregnancy discrimination. e. Sexual harassment.
Sex discrimination.
Shift differentials are allowed under the Equal Pay Act of 1963.
True
Which of the following is least likely to succeed on a claim under the Americans with Disabilities Act? a. Someone who is unable to walk, but can do all the requirements of a job, although in some cases it might take him a little longer than if he could walk. b. Someone who is not hired because of a past drug habit, which he has stayed away from for a couple of years. c. Someone who has a documented history of severe asthma, although he or she has not had any problems since moving from New Orleans to Denver. d. Someone who has a bad back that prevents him from being able to work at the minimum required speed on an assembly line. e. Someone who wears unusual looking thick glasses to correct a rare vision problem. This person has normal vision with the glasses, but most people falsely assume that she cannot see normally, even with the glasses.
Someone who has a bad back that prevents him from being able to work at the minimum required speed on an assembly line.
One of the requirements for a factory assembly job at Spruce Industries is that the worker be less than 6-feet tall. Aaron applies for the job, but is not hired. Which is true? a. Spruce Industries is in violation of Title VII only if Aaron is less than 6-feet tall. b. Spruce Industries is in violation of Title VII only if Aaron is over 6-feet tall. c. Spruce Industries is in violation of Title VII only if Aaron can show that he is over 6-feet tall and he was not hired because he was too tall. d. Spruce Industries is in violation of Title VII if the height requirement has the result of discriminating against men and does not relate to fitness for the particular job.
Spruce Industries is in violation of Title VII if the height requirement has the result of discriminating against men and does not relate to fitness for the particular job.
Which of the following is true about the Social Security system? a. Self-employed persons are exempt from paying Social Security taxes. b. In order to receive benefits, a recipient must have worked and paid into the system. c. The amounts paid in by a worker are accumulated and then paid back out to the worker with amounts added for taxes. d. Survivors of workers can receive benefits.
Survivors of workers can receive benefits.
The local police department gives a detective's test. Everyone who takes the test must have been a police officer for at least 5 years. The people taking the exam are rated from top to bottom based on their scores on that test. Then, if any detective openings are available, they are filled on the basis of whoever has the highest score. Which of the following statements best describes this practice? a. Tests like this are never legal in promotion decisions. b. Tests like this are always legal in promotion decisions. c. Tests like this are legal as long as the subject matter tested has some relationship to the job being applied for. d. Tests like this are legal as long as they are not the sole factor used in determining promotion. e. Tests like this are legal as long as they are the sole factor used in determining promotion
Tests like this are legal as long as the subject matter tested has some relationship to the job being applied for
Vesting as used in a pension plan means: a. That there are adequate funds to pay out expected benefits. b. That a beneficiary's rights to receive payments cannot be taken away. c. That the plan covers all eligible employees. d. That the plan is adequately insured. e. That the plan has qualified for all government approvals.
That a beneficiary's rights to receive payments cannot be taken away.
Which of the following is not true regarding Social Security? a. Benefits include retirement benefits and survivors' benefits to family members of deceased workers. b. The amounts paid in by a worker during her working career are accumulated to be paid out during the worker's retirement years. c. The Social Security tax for an employee is paid partly by the employee and partly by the employer. d. A self-employed person must pay both the employee and employer portions of the tax. e. A person with a high level of wages pays the full rate of Social Security tax on only a portion of her wages
The amounts paid in by a worker during her working career are accumulated to be paid out during the worker's retirement years.
Aaron has started his own business that has grown rapidly to the point that he now has 11 employees. Which of the following is not true? a. Title I of the Americans with Disabilities Act is administered by the Equal Employment Opportunity Commission. b. The Americans with Disabilities Act covers providers of public accommodations as well as employers. c. Aaron is not subject to the requirement to provide reasonable accommodations to his employees. d. The difficulty of providing accommodation to an employee is not considered in deciding whether or not the accommodation must be provided
The difficulty of providing accommodation to an employee is not considered in deciding whether or not the accommodation must be provided
Which of the following statements best describes the workers' compensation rules? a. The employer can avoid liability if the injured employee was contributorily negligent. b. The employer is liable for employment related injuries only if negligent. c. The employee will collect for all work-related injuries, and will not need to prove negligence on the part of the employer. d. The employee has the choice to sue or proceed under the workers' compensation statute. e. For most employers, participation in the workers' compensation program is voluntary.
The employee will collect for all work-related injuries, and will not need to prove negligence on the part of the employer.
Which of the following statements is true about workers' compensation? a. The employer can avoid liability if the injured employee was contributorily negligent in causing the injury. b. When an employee is injured, the employee must decide whether to seek a workers' compensation payment or file an ordinary lawsuit against the employer. c. The employer is strictly liable for employment-related injuries, and the employee will file his claim through an administrative procedure rather than by filing an ordinary lawsuit. d. If the employee is dissatisfied with the amount received under the workers' compensation system for her injuries, she generally then can file an ordinary lawsuit. e. Employees (or their unions) generally negotiate with employers over whether to be included in the workers' compensation system.
The employer is strictly liable for employment-related injuries, and the employee will file his claim through an administrative procedure rather than by filing an ordinary lawsuit.
Which of the following statements is true under the Immigration Reform and Control Act of 1986? a. The employer has no responsibility to check the immigration status of its employees. b. The employer may hire only U.S. citizens. c. The employer may hire only U.S. citizens and aliens with proper documentation. d. The employer may give preference to certain employees based on national origin. e. Both C and D are true.
The employer may hire only U.S. citizens and aliens with proper documentation.
In deciding sexual harassment cases, some courts have applied: a. The reasonable woman standard. b. The liberal society standard. c. The workplace reality standard. d. The reciprocal conduct standard.
The reasonable woman standard.
Which of the following is true about sexual harassment in the workplace? a. If a supervisor approaches someone and asks that person out for a social date, and if the supervisor acts in socially customary manner, it will not be sexual harassment. b. The standards for a hostile work environment are extremely vague and depend on all the facts and circumstances. c. Sexual harassment claims require that persons of both sexes be involved. d. Sexual harassment is covered under OSHA as part of workplace safety.
The standards for a hostile work environment are extremely vague and depend on all the facts and circumstances.
Unemployment compensation amounts are determined by: a. The federal government. b. The state governments, without any restrictions by the federal government. c. The state governments, within general guidelines of the federal government. d. The insurance companies providing unemployment insurance.
The state governments, without any restrictions by the federal government.
Justin was hired in February of 2004 as a salesperson. There is no written employment contract, and Justin is paid on a commission basis. Justin's manager has said to Justin on several occasions that if Justin continues to meet his sales quotas, the company "will keep him around for a long time." Justin has always met his sales quotas, but is told one day that the company has decided to replace him because he does not project the image that the company wants. If Justin is an at-will employee, which of the following is true? a. As an at-will employee, there are no restrictions on the employer terminating Justin. b. Because there is no written employment contract, the employer can terminate Justin. c. The employer can terminate Justin only if the employer would suffer a loss by not terminating him. d. The statements by the manager could likely give Justin contract rights that could amount to an exception to the at-will doctrine. e. The employer would not be able to fire Justin on the basis of public policy.
The statements by the manager could likely give Justin contract rights that could amount to an exception to the at-will doctrine.
Which of the following is true about unemployment benefits? a. Because they are set at the federal level, unemployment benefits are the same in every state. b. Employees are eligible to receive benefits regardless of the reason that employment ends. c. The taxes to support the unemployment benefits program are paid by the employer. d. Once awarded, a recipient of unemployment benefits will be entitled to collect the award even if the employee finds other work.
The taxes to support the unemployment benefits program are paid by the employer.
What is generally the effect when an exception to the employment at-will doctrine applies? a. The employer is required to hire a certain employee. b. There is some sort of limitation on at least one party's ability to terminate the employment relationship. c. The Fair Labor Standards Act will set the terms, such as pay, for the employment relationship. d. Employees can be prohibited from quitting a job. e. An employee is entitled to additional pay to continue working in a specific job
There is some sort of limitation on at least one party's ability to terminate the employment relationship.
Which of the following is not a purpose of ERISA? a. For employees to have access to certain information about their pension plans. b. To make certain that pension plans have certain minimum amounts placed into them by employers. c. To limit or prevent employees from losing pension benefits if they decide to leave an employer. d. To ensure that as many companies as possible provide pension plans for their employees. e. To make sure that the management of the pension fund is separate from the management of the employer.
To ensure that as many companies as possible provide pension plans for their employees
Judy just bought a new business with many employees. She has heard about the requirements of OSHA. What is the employer's general duty under OSHA? a. To obey the regulations announced by OSHA. b. To provide a perfectly safe workplace. c. To provide a work environment free from known hazards. d. Both A and B.
To provide a work environment free from known hazards.
. Disparate treatment discrimination refers to the discrimination against a specific individual because of his or her race, color, national origin, sex, or religion.
True
. Under the Civil Rights Act of 1866, there is no cap on the recovery of compensatory or punitive damages
True
A 35-year-old employee who is fired because his employer incorrectly believes he is too old to do his job does not have a valid age discrimination claim.
True
A legitimate merit test is a valid defense to a Title VII discrimination claim
True
A policy of hiring workers only age 40 and older does not violate the Age Discrimination in Employment Act.
True
A wrongful discharge action against an employer can be based upon the tort of of intentional infliction of emotional distress
True
Affirmative action plans provide that certain job preferences will be given to members of classes.
True
All employers are required to inspect documents to determine that an employee is a citizen or is otherwise entitled to work in the united states
True
An employee cannot collect a workers compensation claim if the injury did not arise out of the course of employment
True
An employee who is discharged in violation of an implied-in-fact contract can sue the employer for breach of contract
True
An employer can pay less than minimum wage to take into account the reasonable meals and lodging supplied to employees
True
Employees 16 and 17 can work unlimited hours each week in non hazardous jobs
True
Employees of private employers or the employees beneficiaries must beoffered the opportunity to continue his or her group health insurance after the voluntary or involuntary termination of a workers employment as per qualifying events define by law
True
Employment Law is a mixture of Contract law, agency law, and law and government regulation
True
Which of the following is true? a. Pay differences due to seniority differences and differences in amounts earned under a commission pay plan are not acceptable if they result in different pay for male and female employees. b. The Age Discrimination in Employment Act protects all workers against being discriminated against because they are thought to be too old. c. Under the Americans with Disabilities Act, an employer is required to provide reasonable accommodations to enable a disabled person to perform a job. d. Protected classes under Title VII of the Civil Rights Act of 1964 include race, national origin, and sexual preference.
Under the Americans with Disabilities Act, an employer is required to provide reasonable accommodations to enable a disabled person to perform a job.
Which of the following benefits is not provided under the Social Security system? a. Retirement benefits. b. Unemployment benefits. c. Disability benefits. d. Survivors benefits. e. Neither B nor D is provided under Social Security.
Unemployment benefits.
Which of the following is true about the provisions of the Consolidated Omnibus Budget Reconciliation Act's provisions relating to health insurance? a. Certain companies are required to provide group health insurance coverage to their employees. b. Upon termination of employment, an employer is required to pay, for a limited time, for the former employee's health insurance coverage under the same terms that it had been paying for it while the employee worked for the employer. c. Upon termination of employment, a health insurance provider must allow the employee to continue to participate in the same health insurance coverage program that the employee participated in while working for the employer, although the employee must pay for it. d. Employers must make the same group health insurance available to all employees.
Upon termination of employment, a health insurance provider must allow the employee to continue to participate in the same health insurance coverage program that the employee participated in while working for the employer, although the employee must pay for it.
under the employment at will doctrine, an employment relationship can be terminated a. by the employee only b. by the employer only c. only by mutual agreement of the employer and the employee d. by either the employee or the employer e. only by court order
by either the employee or the employer
47. Which of the following is true about the contract exception to the employment at-will doctrine? a. In order to apply, there must be an express written contract specifying the terms of employment. b. In order to apply, there must be an express written contract specifying the terms of employment and the contract must state that the employee is not an at-will employee. c. The exception can apply based on the conduct of the parties or statements made by the employer or its agent. d. The exception applies only where an attempted termination by the employer would be a violation of a statute. e. It applies only if the employee who is wrongfully terminated is unable to find alternative employment.
c. The exception can apply based on the conduct of the parties or statements made by the employer or its agent.
The Age Discrimination in Employment Act makes it illegal for: a. Employers to hire only employees who are age 40 and over. b. Employers to have a seniority system. c. Employers to know the age of job applicants before making a hiring decision. d. employers to have a mandatory retirement age for most jobs.E e. Employers to have a workforce comprised primarily of very young or very old workers
employers to have a mandatory retirement age for most jobs
Title VII of the Civil Rights Act of 1964 applies to employers with five or more employees.
fALSE
under what doctrine are both the employer and employee free to terminate an employment relationship at any time a.the mutual employment doctrine b.the free dissociation doctrine c.the independent contracting employment doctrein d. the employment at will doctrine e. the employment freedom of termination doctrine
the employment at will doctrine