Employment Law Midterm

Title VII provides a clear, unambiguous definition of "employee" which is very useful in determining whether a worker is an employee or independent contractor

False

A worker who chooses her own hours, supplies her own tools and equipment, and works at the employer's site is most likely: an employee an independent contractor a partner a student

An independent contractor

Which of the following is true of the common law test to determine if someone is an independent contractor or employee ? 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

A BFOQ may be recognized in all of these situations EXCEPT when: there is a need for privacy there are public health concerns to make a performance authentic there is a customer preference for a certain gender ​

There is a customer preference for a certain gender

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

Religion

In order to avoid liability for negligent hiring, the primary question an employer must consider is: whether the employer's own written hiring policies are adequate whether placing an unfit person in the particular job could be expected to result in harm whether there is evidence of a candidate's unfitness that could be found through a thorough personal interview with the applicant whether the employer complied with its own written hiring policies

Whether placing an unfit person in the particular job could be expected to result in harm

Which of the following is a neutral requirement that is likely to result in adverse impact? race language requirement physical strength test language requirement and physical strength test

language requirement and physical strength test

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 ophthalmologist or optometrist

A physical fitness test

Which of the following provisions, if included in a mandatory arbitration agreement, would be likely to render it unenforceable? a provision that requires the employee to prove his case a provision that gives the employer the right to choose any arbitrator a provision that sets a one year time limit to bring a claim a provision that the employee pay 10% of the costs of the arbitrator's services

A provision that gives the employer the right to choose any arbitrator

A well-drafted independent contractor agreement will typically include all EXCEPT a requirement that the worker hire his own assistants a requirement that the firm provide health insurance for the worker a flat fee payment arrangement for the work to be performed a requirement that workers pay their own expenses

A requirement that the firm provide health insurance for the worker

Which of the following is true of the enforcement process for discrimination charges brought under Title VII? a. a right to sue letter must be obtained from the EEOC before a plaintiff can file suit in court b. charges must be brought within 60 days of the alleged discriminatory act c. For discrimination complaints, the plaintiff may choose to either file a lawsuit or file a complaint with the EEOC. d. the plaintiff will have 30 days to file her lawsuit if the EEOC declines to pursue the claim

A right to sue must be obtained from the EEOC before a plaintiff can file suit in court

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

Ads for job openings

Which of the following is true regarding discrimination? the number of discrimination claims filed has decreased over the past decade as employers have paid more attention to promoting diversity in the workplace discrimination has become more subtle and difficult to eliminate in recent years the main challenge in confronting discrimination is to get women and persons of color into workplaces; they can take it from there discrimination occurs anytime that persons are treated unequally or unfairly in the workplace

Discrimination has become more subtle and difficult to eliminate in recent years

The Drug Free Workplace Act requires that: employees must be drug tested at the time of hire and whenever there is reasonable suspicion of drug use in the workplace. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace. employers must terminate all employees who are found more than once to be using drugs in the workplace. employees must be drug tested and fired if they test positive.

Employers must develop and communicate policies prohibiting drug use, possession, or sale in the workplace

Drug testing may include samples of all of the following EXCEPT:​ ​blood ​saliva ​hair ​fingernails

Fingernails

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

Which of the following is FALSE regarding the Employee Polygraph Protection Act? it applies to devices that measure changes in physiological responses and include voice stress analyzers, mechanical and electronic truth determining devices as well as polygraphs Private sector employers are prohibited from using polygraphs in the pre-employment process, although governmental agencies are allowed to do so. 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 screens act outside the scope of employment

An experienced female crane operator recently hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work. The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination? No, because practice is neutral, and therefore non-discriminatory. No, because she was offered alternative positions. Yes, because the practice was a form of disparate impact. Yes, because the firm did not create a different rule for bathroom breaks for her.

Yes, because the practice was a form of disparate impact

A company has one office with 9 employees and second office with 12 employees. If employee who works in the first office is harassed and attempts to sue under Title VII, a relevant issue will be whether this is a single, integrated enterprise

True

A joint employer situation could occur when temporary staffing agencies provide workers to client firms

True

Even if a scored test has a discriminatory effect, it can be defended if it is job-related and consistent with business necessity

True

Generally, employment agreements that require employees to arbitrate disputes that than go to court are enforceable if not procedurally or substantively unconscionable.

True

If an internship is unpaid, then typically the intern should be getting the main benefit from the experience, such as by job shadowing, rather than the employers using the intern instead of a paid employee

True

There are more firms with 0-4 employees than any other size firms and so many federal employment laws would not be applicable to them

True

In considering whether the termination of an 'employment at will' employee was legal, a factor the court would consider is: a. whether the termination was fair. b. whether the termination was for a discriminatory reason. c. whether the termination was necessary. d. whether the termination was wise.

Whether the termination was for a discriminatory reason.

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?

The Fair Credit Reporting Act refers to which two kinds of reports? a consumer credit report, which reports only credit-worthiness, and an investigative report, which reports the results of a polygraph exam a consumer credit report, which reports credit information and general character information, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like a fair credit report, which guarantees accuracy, and a character reference report, based on personal interviews of neighbors, colleagues, and the like

A consumer credit report, which reports credit information and general character information, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like

For retaliation cases, which statement is FALSE? The plaintiff engaged in a protected activity by opposition or participation Because of the plaintiff's activity, he was subjected to an adverse action, no matter how slight The plaintiff must show a causal link between the activity and action which might be based on the time between them It is not required that the plaintiff be the victim of retaliation since he could be supporting another person

?? The plaintiff engaged in a protected activity by opposition or participation

Regarding Affirmative Action Plans, which statement is FALSE? All employers with 50 or more employees are required by the Department of Labor to have a formal, written Affirmative Action Plan. An employer with a history of discrimination may be required to have an AA Plan due to a Consent Decree or Court Order. Depending on the number of employees and size of the contract, federal contractors may be required to have either AA Plans or nondiscrimination statements in their contracts. Employers can voluntarily adopt AA Plans to recruit more diverse applicants.

All employers with 50 or more employees are required by the Department of Labor to have a formal written Affirmative Action Plan

When determining which employment laws apply to a certain employer, which of the following factors does NOT apply? ​ the state(s) in which the employer operates the number of employees that work for the company whether the employer contracts with the federal government all of the factors listed would apply ​

All of the factors would apply

Regarding subjective criteria, which of the following statements is NOT true? Subjective criteria often operate on "gut" instinct. Subjective criteria may be responsible for discriminatory decisions All of these statements are true An assessment of "soft skills" is likely subjective ​ ​

All of these statements are true

In the Keller v. Miri Microsystems case, there were fact questions regarding whether his work as an internet satellite installer was considered to be permanent Miri's right to control the manner in which Keller performed his work whether Keller's opportunity for profit or loss depended on his effort All of these were fact issues so a Summary Judgment was not appropriate

All of these were fact issues so a Summary Judgement was not appropriate

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 age protects employees against discrimination based on height, weight and physical appearance

Applies to employers that have 15 or more employees

Which of the following is FALSE regarding grooming and appearance standards for employees? applying different standards to men and women may result in sex-plus discrimination standards that are sex-stereotypical in nature are likely to be discriminatory dress requirements that result in harassment are likely to be discriminatory applying different standards to men and women will always result in sex-plus discrimination

Applying different standards to men and women will always result in sex-plus discrimination

"Glass ceilings": are primarily a problem for women rather than people of color are artificial barriers that prevent qualified individuals from advancing refer to transparency in the interviewing process no longer exist ​ ​

Are artificial barriers that prevent qualified individuals from advancing

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

Employment laws are passed only by state and federal governments, not by cities or couties

False

After three weeks in your new position as Assistant Human Resources Director, the HR Director has asked you to take a candidate all the way through the process, from application to interview, to background check. The firm has an opening for an electrical engineer who is proficient with construction blueprints. The engineer will be helping to build the company's new warehouse, which is about to begin construction. Which of the following steps would be necessary to take during the background check? do a thorough criminal background check through all 50 states check to see that the applicant has a degree in electrical engineering check references at all of the applicant's former places of employment, going back to high school check the applicant's GPA on courses for electrical engineering

Check to see that the applicant has a degree in electrical engineering

To determine if a scored test is having discriminatory effects: see if the number of women and persons of color hired is at least four-fifth's of the number of white males hired see if the proportion of women and persons of color hired is roughly equal to the proportion of women and persons of color in the relevant labor market compare the pass rates for different protected class groups and see if the pass rate for any group is less than four-fifths of the pass rate for the most successful group have all current employees in a job classification take the scored test and if four-fifths pass it, then the test is not shown to be discriminatory.

Compare the pass rates for different protected class groups and see if the pass rate for any group is less than four-fifths of the pass rate for the most successful group

Under the payroll method approved by the Supreme Court: a. employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination b. employers whose payrolls exceed $500,000 annually are covered by Title VII c. employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during the year preceding the alleged wrongful conduct. d. 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 during those weeks.

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 during those weeks.

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

Lawsuits brought by Microsoft's temporary workers highlight 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 workers from benefit plans by labeling them as independent contractors or temporary workers

Employers cannot arbitrarily exclude some workers from benefit plans by labeling them as independent contractors or temporary workers

Which of the following statements is NOT true? Employers may contact an applicant's previous employers Employers may conduct a thorough and comprehensive background check of every applicant Employers may obtain an applicant's consumer credit report Employers may perform a criminal background check searching for arrests

Employers may perform a criminal background check searching for arrests

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 If an employer does a criminal background check, the employer must check all state and federal databases

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

Expect their employers to comply with employment laws

Which statement is FALSE regarding a mixed motive case? A employer claims a legitimate reason for taking an adverse action but the employer also was intending to discriminate based on a protected class. In Title VII is being violated, a plaintiff can prevail as long the discriminatory reason was A factor in the employment decision. In an ADEA mixed motive case, the discriminatory reason was THE reason for the adverse employment decision. For termination decisions, it never matters that there are multiple motives as long as an employer can come up with at least one valid reason for the action.

For termination decisions, it never matters that there are multiple motives as long as the employer can come up with at least one valid reason for the action

Three employees working for the same company were found to have stolen company cargo. Two of the employees were white, and one was black. The two white employees were fired, but not the black employee. If one of the white employees sues, the court will most likely decide: for the employer, because the employees were guilty of theft for the employer, because the employees were employees at will for the employee, because the employer treated him differently based on his race for the employee, because his employer was within its discretion to fire some, but not all employees guilty of theft

For the employee, because the employer treated him differently based on his race

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 plaintiff because the damages awarded were consistent with the damages awarded in other cases. for the plaintiff because he was terminated by AutoZone for filing a workers' compensation claim. for the defendant AutoZone, because plaintiff had not established that he suffered from a disability. 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 plaintiff because the damages awarded were consistent with the damages awarded in other cases

Which of the following is considered a medical exam under the ADA? drug test for illegal substances genetic test physical fitness/agility test vision tests for ability to read or recognize objects

Genetic test

Which of the following statements is correct about the legality of drug testing? Under the 'role model theory,' random drug testing will usually be upheld for all employees, if the employer reasonably believed that at least one supervisory employee had used illegal drugs at work. Drug testing of private employees violates the Fourth Amendment and so will not be upheld if it is legally challenged Drug testing is a medical examination so it is not legal if performed prior to a conditional offer of employment. If the employer has a reasonable suspicion to believe an employee is under the influence of drugs, the drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge.

If the employer has a reasonable suspicion to believe an employee is under the influence of drugs, the drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge

Which of the following is a true statement regarding employer compliance with the Immigration Reform and Control Act? employers must verify a person's eligibility to work in the United States before the new employee begins work 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

The main reason employers would rather hire independent contractors than employees is: it is cheaper because the worker does not receive employment benefits the employer has more control over independent contractors the independent contractor does not receive benefits although the employer still provides social security and unemployment. all of these

It is cheaper because the worker does not receive employment benefits

If an employer wants to have a testing program for illegal drugs, it must provide oral notice during the recruitment interview process if testing is done on a 'reasonable suspicion' basis. it must provide written notice of the policy with the circumstances, procedure and possible consequences of a positive test. it should not notify employees of their random drug testing policy at time of hiring since the purpose is to catch employees by surprise. the employer may limit the testing to certain protected classes (minorities, women, etc.) if there has been evidence that class has abused drugs in the past.

It must provide written notice of the policy with the circumstances, procedure and possible consequences of a positive test

Which of the following is true regarding medical exams under the ADA? if a medical exam uncovers a disability in a job applicant, the applicant may be removed from consideration since the ADA only applies to employees, not applicants. medical exams conducted following conditional offers of employment may seek medical information that is not job-related medical exams of job applicants may be performed but only to the extent they are job related and consistent with business necessity. medical exams should be conducted early in the screening process so the employer can avoid the costs of credit reporting agencies, background checks and criminal history checks.

Medical exams conducted following conditional offers of employment may seek medical information that is not job-related

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 to a third party

Mike will win because the statements were not published to a third party

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

A salesman was to attend a meeting in a nearby city, but as he traveled there in his car, traffic was light, and he arrived at his destination about an hour early. Deciding not to waste the time, he went to a nearby shopping center to search for a birthday gift for his son. He found a tablet that he knew the boy would like, and headed out to drive to the building where the meeting was to be held. As he backed out of the parking space, however, he hit another car, damaging the car and injuring the driver. Under the doctrine of respondeat superior, is his employer liable for the accident? Why or why not? Yes, the employer is liable for the accident because the salesman was driving to attend a company meeting. No, the employer is not liable for the accident because the salesman was on an errand of his own at the shopping center. If the employer negligently failed to discover that the salesman had several speeding tickets on his driving record prior to hiring him, they would always be vicariously liable for any harm that occurred. The employer would be liable for any driving mishap that happened at any time during the employee's workday.

No, the employer is not liable for the accident because the salesman was on an errand of his own at the shopping center

Under the Fair Credit Reporting Act, employers must do which of the following? notify an applicant that the employer plans to reject her based on information from a credit report obtain the consent of an applicant before conducting any background check verify that the information in a credit report reasonably appears to be accurate

Notify an applicant that the employer plans to reject her based on the information from a credit report

Regarding visa programs, which statement is FALSE? if a foreign national does not have permanent resident status ('green card'), he must obtain a visa to work in the U.S. if a person has a bachelor's or higher degree in a specialty occupation such as accounting or engineering, he would apply for a H-1B visa. if a foreign national comes to the US to work on a temporary or seasonal basis, he would apply for a H-2 visa once the visa is obtained, the foreign national must apply for U.S. citizenship within one year of arriving in the U.S.

Once the visa is obtained, the foreign national must apply for US citizenship within one year of arriving in the US

Of the elements necessary to prove a case of disparate treatment involving pretext, which of the following is NOT required? plaintiff applied for the employment opportunity plaintiff was qualified for the employment opportunity plaintiff was not hired for the employment opportunity plaintiff was just as qualified for the employment opportunity as the person hired

Plaintiff was just as qualified for the employment opportunity as the person hired

For a disparate treatment case involving pretext, which is the correct order of proof? plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent plaintiff's evidence supporting discriminatory intent, defendant's lawful motive, plaintiff's prima facie case plaintiff's primary evidence, defendant's primary evidence, plaintiff's rebuttal showing discriminatory motive

Plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent

Arbitration agreements which are offered on a take-it-or-leave-it basis are: ​ substantively unconscionable procedurally unconscionable rhetorically unconscionable structurally unsound ​

Procedurally unconscionable

Your firm has been wanting to hire another engineer for some time, and your supervisor has just made an offer to someone from out of state. The hiree is in the process of selling his house, and moving his family to your city. But you are well aware that the economic downturn has sharply curtailed business, and you don't see how the current level of business can support another engineer. In fact, you are all a little concerned about layoffs. You know that your supervisor also knows all of this, but he has told you that he won't withdraw the offer until he absolutely has to. By that time, the hiree may well have sold his home and moved his family, but have no new job with your firm. If the offer is withdrawn under these circumstances, and the hiree sues, which causes of action, if any, might be successful? breach of contract and promissory estoppel promissory estoppel and fraud fraud only breach of contract only

Promissory estoppel and fraud

As the Human Resources manager of your firm, the task of putting into effect the firm's new mandatory arbitration agreement has fallen to you. At a minimum, legally, which of the following actions is most effecting in making the policy enforceable? a. post the mandatory arbitration policy on the firm's website, and ask employees to visit the site and review the policy b. provide pay for the time required to attend arbitration proceedings c. provide employees with a copy of the agreement, and ask them to sign it d. send email notice to all employees that a mandatory arbitration policy has been adopted

Provide employees with a copy of the agreement, and ask them to sign it

Promissory estoppel claims: arise when employment contracts are breached require evidence of intent to deceive require reasonable reliance on a clear promise arise whenever an employment promise is made

Require reasonable reliance on a clear promise

Which of the following is most likely a proper application of a BFOQ? transferring pregnant women out of a department that worked with chemicals thought 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

Requiring airline pilots to retire at 60 years old

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

Sam and Sarah, husband and wife, both worked for an aluminum siding firm, doing similar work in production. Their co-worker, Ahmed, who was a Muslim, was systematically harassed by their supervisor, who called him a terrorist, denied him the right to pray, and generally made his life at work very difficult. Sarah spoke up on his behalf, and the supervisor promptly demoted Sam, her husband. Which of the following statements is most correct? Ahmed has a cause of action against the employer for retaliation, but Sam does not Sam has a cause of action against the employer for retaliation There are no causes of action arising from this set of facts

Sam has a cause of action against the employer for retaliation

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

For Fair Labor Standards Act cases ('wage and hour'), the test typically used to determine employee versus independent contractor status is the Totality of the Circumstances test the Economic Realities test the Common Law test None of the above - FLSA applies to both employees and independent contractors equally

The Economic Realities test

A project manager applied for a job, and listed his previous employer as a reference. When the prospective employer called, the man who gave a reference for the project manager falsely implied that the project manager was incompetent, even though he had never worked with or supervised the employee, nor checked any employment records. The project manager did not get the new job. If the project manager sues his former employer for defamation, the court will likely rule that: ​ the employer did not defame the former employee because its statements were merely opinions and did not purport to be factual​ ​the employer did not defame the former employee because the statements, although harsh, were truthful ​the employer defamed the former employee because statements made in references are not subject to qualified privilege ​the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made

The employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made

"Knowledge" as an element of the tort of negligent hiring, means all of these EXCEPT: the employer knew the employee was unfit the employer should have known the employee was unfit the employer would have known the employee was unfit if it had done an appropriate background check the employer had no first hand knowledge of unfitness

The employer had no first hand knowledge of uniftness

A company hired a file clerk, but did not inquire into his criminal history. In fact, he has had several convictions for driving while intoxicated. On a lunch break, he got drunk and assaulted a waitress at a nearby restaurant. If the waitress sues the employer, a court would most likely decide that: the employer is liable under respondeat superior for the harmful act of the employee because it occurred during the workday the employer is liable for negligent hiring because the employer had an obligation to check his criminal background, it did not do so, and this led to him harming another person the employer is not liable for negligent hiring because the employee did not assault the waitress on company property the employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job

The employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job

Regarding drug tests, which of the following statements is FALSE? 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 if the employee disputes the results of the first test the employee does not have to provide a list of medications he is currently taking prior to the drug testing.

The employer must begin the test again with a new sample of the employee disputes the results of the first test

Which of the following is true regarding fraud claims? if an applicant has a misconception about the job benefits, the interviewer can simply remain silent and this will avoid liability even an insignificant misstatement can result in a fraud claim the false statement was made intentionally or with reckless disregard for the truth if injury occurs, it doesn't matter whether the false statement was made intentionally or unintentionally

The false statement was made intentionally or with reckless disregard for the truth

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

In disparate treatment cases: the focus is on proving the employer's discriminatory intent the focus is on showing the discriminatory effects of the employer's actions the focus is on showing that unfair treatment occurred the focus is on showing that the employer holds racist or sexist views

The focus is on proving the employer's discriminatory intent

In disparate impact cases: the focus is on proving the employer's discriminatory intent the focus is on showing the discriminatory effects of the employer's actions the focus is on showing that unfair treatment occurred the focus is on showing that the employer holds racist or sexist views

The focus is on showing the discriminatory effects of the employer's actions

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 the likelihood and extent of a profit depends on the hired party's ability to manage the work efficiently.

The likelihood and extent of a profit depends on the hired party's ability to manage the work efficiently

If Pedro works for the City of Trenton, he is in: a non-union workplace the public sector a union workplace the private sector

The public sector

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"

The receive significant remuneration for their services

You are in the process of revising your pre-employment tests, as your current test is out of date, and may have discriminatory effects. A new company offering a pre-employment test has given you a sample of their test, which they tell you has had great success in screening to acquire only honest employees. Applicants are to agree or disagree with several statements, including this one: "I believe God wants us to conduct ourselves with honesty in all things, including at work." Which of the following statements is most correct? The test will have no discriminatory effect, and will successfully screen for honest employees The test may have a discriminatory effect, and should not be used You should wait to see how the test performs for other companies, so that you can decide whether or not to adopt it

The test may have a discriminatory effect and should not be used

In an adverse impact ('disparate impact') case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that: there is an alternative practice that would have less discriminatory effects, but the employer declines to use it the employer has engaged in a pattern or practice of discrimination the difference in selection rates across protected class groups is statistically significant

There is an alternative practice that would have less discriminatory effects, but the employer declines to use it

Which of the following is an accurate statement regarding independent contractor agreements? they will usually be treated as indicators of independent contractor status, provided that they are signed and notarized they are useless as indicators of independent contractor status they can be renewed automatically and as often as necessary they can support a claim to independent contractor status, but the actual relationship is the most important factor

They can support a claim to independent contractor status, but the actual relationship is the most important factor

Which statement is FALSE about content validation studies: They examine whether behaviors and skills tested closely represent behaviors and skills used on the job. They are not used for intangible characteristics. They demonstrate a statistical association between test performance and job performance. They are not used for tasks that can be learned on the job.

They demonstrate a statistical association between test performance and job performance

Protected activity in a retaliation claim under Title VII includes all except violent protests opposing an employer's alleged discrimination testifying in court about another employee's discrimination claim filing a discrimination charge against an employer speaking to top management about a supervisor's discriminatory conduct

Violent protests opposing an employer's alleged discrimination

You are the HR Manager of your firm, and you pride yourself on being up to date with legal requirements, and on the cutting edge of your field. You've just gotten a mailer about a new test kit which would perform genetic testing by providing a saliva sample, and mailing it in to a lab. It will provide information about predispositions to genetic illnesses and a person's ancestry. You think how this could be applied to your employees and applicants, and what you might be able to save on health insurance costs and know which employees are have protected class characteristics . Which statement is FALSE? You should encourage employees to submit to the test free of charge and in return your HR department will give them a copy of the report but don't take disciplinary actions against those who do not comply. If you have 15 or more employees, the Genetic Information Nondiscrimination Act applies so this would not be advisable. Throw the mailer in the trash; it's use in this context would be illegal All of the statements are true.

You should encourage employees to submit to the test free of charge and in return your HR department will give them a copy of the report but don't take disciplinary actions against those who do not comply

Regarding employees, actions within the scope of employment relate to work the worker was hired to perform take place substantially within the workplace during work hours serve at least partially the interests of the employer all of the answers indicate the employee was acting within the scope of his employment

all of the answers indicate the employee was acting within the scope of employment

A former employee of your firm was dismissed when it was suspected that she had stolen from the petty cash account. It could not be proven, but suspicions were strong enough that the firm decided to let her go. She has now applied at another firm, and listed your firm as a reference. What should you do? tell the prospective employer about your suspicions, or you might be held liable if she steals money from them and you didn't tell them don't tell them about your suspicions; just give her a glowing reference don't tell them about your suspicions; just give a "service" reference any of these is an acceptable choice

don't tell them your suspicions; just give a "service" reference

A "limitations" period is: ​ the time while an employee is probationary, and not a regular full time employee the time within which a plaintiff must reply to the employer's defense an automatic reduction in the amount of damages the time within which a plaintiff must file a claim or lawsuit

the time within which a plaintiff must file a claim or lawsuit

Of the following, the most effective way for an employer to respond to an employee's claim of retaliation would be: to show that the employee is lying to show that the employee was not retaliated against, but rather disciplined for poor performance or the like to show that the employee should never have been hired in the first place.

to show that the employee was not retaliated against, but rather disciplined for poor performance or the like

"Contingent" work: is usually work that may be delegated if the employer is financially capable of paying for the work is essentially, full-time, year-round employment with a single employer that is expected to continue indefinitely means that there is an expectation of an ongoing, continuing relationship usually contingent upon an immediate need for particular services

usually is contingent upon an immediate need for particular services

Regarding the interrelationship of federal and state employment laws: a. ​state laws must be identical to federal law or the state law is void b. ​states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws c. ​employment law is exclusively a federal domain, so states may not enact laws when federal law already exists d. ​states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws

​States may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws