Employment law final

Which of the following statements is NOT true as to discrimination against caregivers?​ sex stereotyping is a common form of discrimination against caregivers the EEOC has highlighted the issue of discrimination against caregivers "caregiver" is a new protected class under EEOC guidelines disparate treatment is the most common form of discrimination against caregivers

"caregiver" is a new protected class under EEOC guidelines

Employers may be liable for the actions of their employees within the scope of employment. With regard to the actions of employees outside the scope of employment, which of the following statements is true? An employer can never be liable for the actions of its employee outside the scope of employment. An employer is always liable for the actions of its employee outside the scope of employment. An employer might be liable for the actions of its employee outside the scope of employment if the employer was negligent or reckless in allowing it to occur, or for other reasons. An employer can never be liable for the actions of its employees unless they are relatives.

An employer might be liable for the actions of its employee outside the scope of employment if the employer was negligent or reckless in allowing it to occur, or for other reasons.

Regarding employment law in the U.S., which of the following statements is true? Most federal employment laws were passed in the first half of the 19th century in response to growing industrialization The earliest employment laws focused on wages and vacation time Employees may be fired at any time for any reason not prohibited by law Employees enjoy the right to stay on the job as long as they are doing a good job

Employees may be fired at any time for any reason not prohibited by law

A claim for retaliation can be brought only by the person who was retaliated against. True False

False

As its name implies, the Fair Credit Reporting Act applies only to reports regarding creditworthiness. True False

False

Employment laws are passed only by state and federal governments, not by cities or counties. True False

False

In a disparate impact case, the focus is on the employer's intention. True False

False

In order to qualify for leave under the Family and Medical Leave Act, one condition is that an employee have been on the job for at least 6 months. True False

False

Since the passage of the Civil Rights Act of 1964, employment discrimination has largely disappeared from the workplace. True False

False

The "reasonable accommodation" standard is the same for both disability and religion. True False

False

The specific actions that constitute "reasonable accommodations" for disability are set forth in the Americans with Disabilities Act. True False

False

Mike is the chair of the management department at a local university and Tom is an ethics professor in that department. They dislike each other immensely due to a number of professional and social disagreements. Mike calls Tom into his office and closes the door. He then informs Tom that he believes that Tom is guilty of plagiarism and also guilty of an improper sexual relationship with Kathy, a 19 year old management student. In fact, Tom is a happily married man who is extremely well respected in the community and has never committed adultery. Deeply believing in ethics, he has never committed plagiarism in his life. Furthermore, he has always been absolutely professional with regard to his student Kathy. Tom vehemently denies these charges and as he gets up to leave, Mike states, "Give me any more trouble and I go public." Tom goes right to his attorney who files a defamation law suit that afternoon.​ Tom will win because the statements are both lies, challenging his integrity and character Tom will win because his reputation has been damaged Mike will win because as chair, he has a qualified privilege to make these types of statements Mike will win because the statements were not published

Mike will win because the statements were not published

You have just concluded an employment interview with an applicant you like, who is qualified for the inside sales job you have been interviewing for, and have made a conditional offer of employment. You tell the applicant that you want her to take a medical exam, and if she passes, she has the job. She is at first obviously happy and seemingly relieved, but then breaks down in tears. She tells you that a medical will show that she has cancer. What should you do? Tell her not to worry, and that if she otherwise passes the medical exam, she has the job Tell her that you're sorry to hear about her affliction, and obviously, you cannot hire her Report her to the County Health authorities Tell her that her insurance will cost too much so you cannot hire her

Tell her not to worry, and that if she otherwise passes the medical exam, she has the job

Legal protection against discrimination based on sexual orientation are found in all of the following except: Title VII of the Civil Rights Act State statutes Local ordinances The U.S. Constitution

The U.S. Constitution

For both public and private employers, affirmative action plans are subject to strict scrutiny. True False

True

In a disparate treatment case, the focus is on the employer's intention. True False

True

It can be difficult to determine whether an employment relationship exists. True False

True

One of the grounds for recognizing BFOQs is privacy. True False

True

Which of the following would not create potential liability for the employer if asked during an interview? Have you ever filed a workers' compensation claim for a work-related injury or illness? Do you believe in God? How often do you go out on dates? Why do you want to work for this company?

Why do you want to work for this company?

Which of the following is NOT a medical exam? a physical fitness test an HIV test a test to check for the use of alcohol a vision test analyzed by an opthamologist or optometrist

a physical fitness test

Sources of employment law include all of the following EXCEPT: federal law state law ads for job openings constitutions

ads for job openings

"Serious health conditions" include: pregnancy all conditions that require hospitalization all conditions that require treatment by a health care provider all of these

all conditions that require hospitalization

Which of the following is true? Title VII of the Civil Rights Act: protects employees against discrimination based on race, sex, national origin, and disability applies to employers that have 15 or more employees protects employees against discrimination based on education protects employees against discrimination based on height, weight and physical appearance

applies to employers that have 15 or more employees

Which of the following would NOT be considered a sex-plus policy issue? hiring women only after they have gone through menopause requiring men, but not women, over 40 years old to have annual physicals hiring male newlyweds but not hiring female newlyweds asking men and women about childcare arrangements during a pre-employment interview

asking men and women about childcare arrangements during a pre-employment interview

Which of the following is a "qualifying event" under the FMLA? birth of a child death of a cousin serious health condition of an employee's grandparent serious health condition of a fiancee

birth of a child

Under Title VII, the concept of "religion" is: limited to membership in or affiliation with an established church or denomination applicable to beliefs or practices that a church or denomination requires of its members applicable to beliefs or practices centering on the worship of a God or other deity broadly interpreted

broadly interpreted

Under the ADA, it is important that job descriptions: clearly identify the essential functions of jobs clearly specify how job tasks are to be carried out list reasonable accommodations that are available to an employee in this job clearly identify the working conditions for this job

clearly identify the essential functions of jobs

Which of the following is generally true regarding the process of enforcing employment laws? courts and government agencies hear cases only after employees come forward with complaints about violations of the law employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer once a claim is brought, a company's attorneys deal with it, and managers have little involvement in the case employment laws apply only to full time employees

courts and government agencies hear cases only after employees come forward with complaints about violations of the law

In responding to requests for reasonable accommodation, employers should NOT: engage in an interactive process with disabled employees limit medical inquiries to information needed to assess functional limitations discuss the disabled employee's need for accommodation with other employees continue an ongoing dialogue with the employee about reasonable accommodation needs

discuss the disabled employee's need for accommodation with other employees

Which of the following statements is most correct about the legality of drug testing?​ drug testing will usually be upheld, provided that the employer had reasonable grounds for suspecting that the individual employee was under the influence of drugs drug testing will usually not be upheld if it is legally challenged drug testing will be upheld for private sector employees, but not for public employees drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge

drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge

Under the "payroll method" approved by the U.S. Supreme Court: employers whose payrolls exceed $500,000 annually are counted employers are counted if they had at least 20 employees on the payroll at the time of the alleged discrimination employers are counted if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.

employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.

Distinguishing between employees and independent contractors is important because: income tax must be withheld for independent contractors, but not employees employers have fewer legal obligations to employees employers can defend their noncompliance with employment laws by proving that persons performing work are independent contractors it is not important to distinguish between employees and independent contractors

employers can defend their noncompliance with employment laws by proving that persons performing work are independent contractors

The primary lesson to be learned from the lawsuit brought by Microsoft's temporary workers in the 1990s is that: it is safest legally to hire temp workers through a temporary staffing agency employers must provide benefits to all of their employees companies that use temp workers will often be deemed joint employers of those workers employers cannot arbitrarily exclude some employees from benefit plans by labeling them as temporary workers

employers cannot arbitrarily exclude some employees from benefit plans by labeling them as temporary workers

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that: all persons returning from military service must be reemployed employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions employers continue to provide at least partial pay to employees serving in the military for up to 24 months

employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions

Which of the following is true regarding criminal background checks? an employer is required to do a criminal background check for all applicants; otherwise, it may be deemed guilty of discrimination if it does background checks for some types of jobs but not for others a thorough criminal background check is required only when the applicant will be working with money employers should consider the seriousness, recency, and job-relatedness of convictions before denying employment on that basis

employers should consider the seriousness, recency, and job-relatedness of convictions before denying employment on that basis

Under U.S. employment laws, employees have the right to: not be fired, as long as they do a good job be treated fairly in all aspects of the workplace, including receiving fair compensation have paid vacation after 1 year of employment expect their employers to comply with employment laws

expect their employers to comply with employment laws

In Lewis v. Heartland Inns of America, a front desk worker was fired following complaints by one manager that her dress style was "more masculine," and that she had "an Ellen DeGeneres kind of look." If she sues, the court will most likely decide: for Heartland Inn, because plaintiff did not prove that she was treated differently than similarly situated males for Heartland Inn because Lewis did not comply with the Heartland dress code for Lewis because of the manager's personal bias toward her for Lewis because the kind of sex stereotyping she encountered constituted sex discrimination

for Lewis because the kind of sex stereotyping she encountered constituted sex discrimination

In NAACP v. North Hudson Regional Fire & Rescue, the NAACP sued the North Hudson fire department for disparate impact discrimination because the fire department required that potential firefighters live in North Hudson. In North Hudson, only 3% of the population was African-American, while in the Tri-county area, 37.4% of protective services workers were African-American. North Hudson claimed that residency was a business necessity. The court ruled:​ for the NAACP, because there were less discriminatory means of achieving the fire department's goals for the NAACP, because the fire department intentionally discriminated based on race for the North Hudson Fire Department, because it was reasonable to require firefighters to live in the city so that they were familiar with streets and buildings for the North Hudson Fire Department, because the NAACP had not proved a prima facie case of discrimination

for the NAACP, because there were less discriminatory means of achieving the fire department's goals

A male customer of a sports bar has taken a particular liking to one of the waitresses, and always asks to be seated at her station, so that she will wait on him. He has spoken to the manager of the bar, and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer, because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it's good money (he does tip her well), and she should be nice to him. If she files suit for harassment, what will the court most likely rule? for the employer, because the customer does not have the power to affect her employment status, so that his conduct cannot result in a tangible employment action against her for the employer, because the customer has not committed harassment for the employee, because the customer has committed harassment for the employee, because the customer has committed harassment, the employer knew about it, and did nothing

for the employee, because the customer has committed harassment, the employer knew about it, and did nothing

In the case of "equal opportunity harassers" who harass both men and women, the courts tend to rule:​ for the harasser, because the harassment is not because of sex for the harasser, because harassment is not proven in that circumstance for the victim of the harassment, because the harassment is because of sex for the victim of the harassment, because harassment is proven generally

for the harasser, because the harassment is not because of sex

In EEOC v AutoZone, the EEOC sued AutoZone on behalf of an employee who suffered injury and disability because his employer would not provide a reasonable accommodation for his disability. AutoZone argued that the damages awarded by the jury were too high, and also offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled: for the defendant AutoZone, since the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA for the defendant AutoZone, because plaintiff had not established that he suffered from a disability for the plaintiff because the damages awarded were consistent with the damages awarded in other cases for the plaintiff because he established that he suffered from a disability

for the plaintiff because the damages awarded were consistent with the damages awarded in other cases

Which of the following is true of harassment? all harassment cases involve sexual harassment harassment is legally actionable because it is a form of discrimination harassment claims are rarely brought by men all harassment claims are actionable

harassment is legally actionable because it is a form of discrimination

Which of the following is necessary to establish the existence of a disability under the ADA? having a physical basis for one's impairment believing you have an impairment that is included on the ADA's list of recognized disabilities receiving regular medical treatment for one's condition having a physical or mental disability which affects at least one major life activity

having a physical or mental disability which affects at least one major life activity

Under the economic realities test: if the hired party depends on the job for a small portion of her income, that favors the conclusion that she is an employee if the hired party performs tasks that are central to the hiring party's business, that favors the conclusion that she is an independent contractor if the hired party performs low-skilled work, that favors the conclusion that she is an independent contractor if the hired party provides her own tools and materials, that favors the conclusion that she is an independent contractor

if the hired party provides her own tools and materials, that favors the conclusion that she is an independent contractor

Which of the following is a true statement regarding employer compliance with the Immigration Reform and Control Act? employers are required to copy and retain copies of the documents used by the employee to prove eligibility to work in the United States if they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee employees must present certified copies of whatever documents they use to verify eligibility to work

if they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee

Which of the following is true of the common law test? it is especially useful for distinguishing partners from employees it focuses on the right of control it focuses on the hired party's ability to sell his services to a variety of hiring parties it is especially useful for determining whether individuals should be covered as family members under benefit plans

it focuses on the right of control

Which of the following is NOT true regarding the Employee Polygraph Protection Act? it applies to voice stress analyzers, mechanical and electronic truth determining devices as well as polygraphs it only applies to private sector employers but not to governmental agencies it prohibits the use of polygraphs by private sector employers for any reason it does not apply to, or prohibit, pencil and paper honesty tests

it prohibits the use of polygraphs by private sector employers for any reason

Negligent hiring: makes employers liable for harm that occurs when employees act within the scope of their employment makes employers liable for any harm that is caused by their employees makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment holds employers blameless for harm caused by their employees outside the scope of their employment

makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment

Of these possible means of recruitment, which has the greatest potential to be discriminatory? use of an employment agency nepotism or "word of mouth" want ads an online posting

nepotism or "word of mouth"

If a worker is an employee, the employer must: make certain the employee makes estimated income tax payments pay the employer's share of Social Security and Medicare taxes pay the employee's share of Social Security and Medicare taxes provide a paid vacation after one year of employment

pay the employer's share of Social Security and Medicare taxes

Which of the following practices would be discriminatory? placing an ad in a metropolitan daily newspaper placing an ad in a local newspaper placing an ad asking for "a recent college grad" placing an ad asking for someone with recent experience

placing an ad asking for "a recent college grad"

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

presumptively discriminatory

The federal Jury System Improvements Act:​ protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service applies a Title VII approach to selection of jurors reduces the number of jurors on a standard jury from 12 to 6 requires that employers pay their employees at their regular rate of pay for the time spent serving on a federal jury

protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service

Which of the following would usually be considered a reasonable accommodation of disability? providing a part-time or modified work schedule relaxing a production requirement relaxing a performance standard transferring essential job functions to others

providing a part-time or modified work schedule

When a female supervisor demands sexual favors from a male employee so that he can keep his job or get a raise, it is called this:​ same sex harassment quid pro quo harassment severe or pervasive harassment cruel and unusual harassment

quid pro quo harassment

Which of the following is a protected class characteristic? religion height intelligence management status

religion

Which of the following is most likely a proper application of a BFOQ? transferring pregnant women out of a department that worked with chemicals known to be harmful to a fetus not hiring women for the night shift because the factory is in a very dangerous part of town and the company parking lot requires a ½ mile walk to the site requiring airline pilots to retire at 60 years old requiring all airline employees to retire at 60 years old

requiring airline pilots to retire at 60 years old

The article "The Gig Is Up" stated: that the hardest job in the new economy is applying discrimination laws. that in the new economy it is easier than ever to determine independent contractor status. that the analysis to determine independent contractors has not changed. employer's discriminate on a regular basis and now everyone knows it.

that the analysis to determine independent contractors has not changed.

Which of the following must be shown in order to establish a prima facie case of retaliation? that the employee was replaced by someone with differing protected class characteristics that the employee lost an employment opportunity shortly after engaging in protected activity that the employer's action was based on the employee's race, sex, or other protected class characteristic that the employer's action was based on a disagreement with a superior and that the firing was unrelated to quality of the employee's job performance

that the employee lost an employment opportunity shortly after engaging in protected activity

The key element in disparate treatment is discriminatory intent. In this context, that means that: the decision-maker made the decision with intent to harm the decision-maker made the decision with intent to break the law the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee the decision-maker made the decision with personal animus

the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee

Regarding harassment, which of the following statements is NOT true? harassment is a serious problem in the workplace the definition of harassment is contained in the federal Anti Harassment Law the definition of harassment does not include workplace bullying not every form of workplace bullying is legally actionable

the definition of harassment is contained in the federal Anti Harassment Law

Which of the following is a difference between employing foreign nationals with work visas for work in the U.S. and employing U.S. citizens? the eligibility of foreign nationals to work in the U.S. must be documented on an I-9 form, while this is not required for citizens the duration of employment is limited for foreign nationals, but not for citizens foreign nationals can be paid lower wages and offered fewer benefits than citizens foreign nationals must supply proof of citizenship

the duration of employment is limited for foreign nationals, but not for citizens

Which of the following is a defense to a defamation claim against an employer? the employee gave his consent to make the statement the statement was made by the director of the Human Resources Department the statement was mostly true the employee is known to lie

the employee gave his consent to make the statement

Which of the following is part of the "affirmative defense" available to employers in certain hostile environment cases? the employer exercised reasonable care to prevent and correct promptly any harassment the employer knew or should have known about the harassment the employee took advantage of preventive or corrective measures provided by the employer the employee failed to create a harassment policy

the employer exercised reasonable care to prevent and correct promptly any harassment

Regarding drug tests, which of the following statements is NOT true? the employer must perform a second confirmatory test if requested by the employee the employer must allow the employee access to samples so that the employee can have her own test done the employer must begin the test again with a new sample the employee must be provided with notice that drug testing is required

the employer must begin the test again with a new sample

An employee who had taken periods of FMLA leave over a two year period was terminated for poor attendance because of those absences. She brings suit under the FMLA. What should the court rule?​ the employer did not violate the FMLA because the employee was granted leave the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave 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; "rolling" calendars are illegal the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

In Harrison v. Benchmark Electronics, a temporary employee was asked by his supervisor to apply for the job as a permanent worker. He did so, and took a pre-employment drug test, which was positive. The Medical Review Officer, upon learning that the applicant had epilepsy, and his drugs were legally prescribed, cleared him to be hired, but his supervisor, who sat in on the Medical Review meeting, fired him. The court ruled that:​ employers are permitted to make pre-employment medical inquiries prior to a conditional offer of employment non-disabled applicants are not protected from pre-employment inquiries under the ADA the firm had a legal right to ask questions about the drug use, but not to inquire about disability pre-employment because the applicant had tested positive for drugs, the employer could lawfully proceed to ask questions regarding disability prior to making a conditional offer of employment

the firm had a legal right to ask questions about the drug use, but not to inquire about disability pre-employment

The plaintiff in a harassment case must prove: the harassment was because of sex the harassment was directed toward a protected class the harassment was welcome the harassment created a hostile work environment

the harassment was directed toward a protected class

Which of the following is a necessary element of a sexual harassment claim? the harasser intended to inflict emotional distress and embarrassment on the victim the sex of the harasser differed from the sex of the victim the harassment was unwelcome the harasser made a sexual advance or requested a sexual favor

the harassment was unwelcome

Regarding an employer's obligation to accommodate disability and religion, it can be said that:​ the obligation to accommodate in these areas is consistent with the employer's obligation to accommodate in other areas of the employment relationship the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship the obligation to accommodate is voluntary, except for federal employers both the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship and the obligation to accommodate is voluntary, except for federal employers only

the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship

Determining whether discrimination has occurred during recruitment requires an analysis of: the relevant labor market the overall labor force the national labor force the international labor market

the relevant labor market

Which of the following statements is most correct regarding the interviewing process:​ the degree of subjectivity in interviewing applicants tends to be low the use of a structured interview may provide more uniform results, and fewer charges of discrimination the degree of subjectivity in interviewing applicants tends to be uniform interviewers generally know when they are responding negatively based on stereotypes

the use of a structured interview may provide more uniform results, and fewer charges of discrimination

Persons performing volunteer work are more likely to be deemed employees if: their services are provided to non-profit agencies they receive significant remuneration for their services they retain control over their volunteer work schedule a volunteer is never an employee, given the meaning of the term "volunteer"

they receive significant remuneration for their services

In the case in which a woman ended her brief fling with a supervisor while on vacation, and was demoted when she rebuffed him, the appeals court ruled: to affirm the summary judgment ruling in favor of the male supervisor because no harassment was proven to reverse the summary judgment ruling in favor of the male supervisor because the woman raised issues of material fact to dismiss the case for failure to state a cause of action to reverse the summary judgment ruling in favor of the male supervisor because he was not the woman's supervisor

to reverse the summary judgment ruling in favor of the male supervisor because the woman raised issues of material fact

When determining which employment laws apply to a certain employer, which of the following factors does NOT apply? the number of employees that work for the company whether the employer sells goods or services to the state government where it is located the state(s) in which the employer operates whether the employer sells goods or services to the federal government

whether the employer sells goods or services to the state government where it is located