BLAW/FINA2244 Exam #3

The first step in pursuing a claim under Title VII is to file a claim with the ________________________.

EEOC

If an investigation of a discrimination charge is not settled by the EEOC working with the employer and complaining employee, to carry the case further, the:

EEOC must issue a "right-to-sue" letter giving the employee the right to sue the employer

Which of the following is an objective of worker's compensation law?

all of the other specific choices are correct

In Title VII discrimination cases, after the plaintiff establishes a basic claim, the burden of proof then __________________________________________.

shifts to the defendant to present evidence that the claim is untrue or that there was a legal reason for its (the employer's) decision, and then the burden shifts back to the plaintiff

To create a corporation:

the corporation's articles of incorporation are filed with the appropriate officer of the state

An employer is expected to comply with the Americans with Disabilities Act by making reasonable accommodations for persons with disabilities ________________________.

unless the employer can prove an undue hardship on business operations

The Family and Medical Leave Act gives employees the right to take:

12 weeks of unpaid leave per yesr for health and family related reasons

The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees who are over the age of ___________, if the employer has twenty or more employees.

40

______________________ is NOT a protected class under Title VII of the 1964 Civil Rights Act.

Age

The cornerstone of federal employment discrimination law is the ____________________.

Civil Rights Act of 1964

______________________ is not a major racial group officially recognized by Title VII of the 1964 Civil Rights Act.

European

_______________ refers to the country where a person is born or the country from which his or her ancestors came.

National Origin

Shareholders, the board of directors and the managers are the three major groups that make up:

a corporation

Double taxation on profits is:

a disadvantage to the corporate form of organization

A principal's ratification is:

a principal's acceptance of responsibility for an agent's actions

An agent with authority to represent the principal only for a specific transaction, usually for a limited time is a(n):

a special agent

Substantive rules issued by agencies are:

administrative statutes with the same force and effect of law as statutes passed by Congress

This ad was seen in a publication: "Wanted: Assistant to the President. Great job opportunity for bright, young, hard working person to work with President of a major private university." This ad is most likely to violate:

age discrimination laws since "young" is probably not over the age of 40

An employment of an agent for the purpose of representation in establishing relations between a principal and third parties is known as a(n):

agency relationship

Which of the following are things that must be shown by a worker in order for her to have a claim under workers' compensation?

all of the other specific choices are necessary for a claim

An agency may be established by:

any of the other choices

Assume that the congregation of a Roman Catholic church wants to hire a new priest and requires that the successful applicant be a graduate of the Roman Catholic seminary. An applicant who is turned down for the job is a graduate of the Baptist Seminary. If the unsuccessful candidate sues arguing discrimination under Title VII, the Roman Catholic church's defense for its seminary requirement would be that it is a __________________________________.

bona fide ocupational qualification

Under which of the following conditions would a principal or employer be liable for the torts of an agent or employee:

both a and b are correct

Conducting an on-the-spot worksite safety inspection by OSHA inspectors is an example of acquiring information by:

direct observation

Employee handbooks usually do which of the following?

discusses grounds for discipline and dismissal and communicate company policies and procedures

Under Title VII of the 1964 Civil Rights Act, unintentional discrimination is referred to as ___________________________ discrimination.

disparate impact

Under Title VII of the 1964 Civil Rights Act, intentional discrimination is referred to as ________________________ discrimination.

disparate treatment

Karen has a history of drunk driving and has been convicted several times. The Pizza Parlor hires her as a delivery person, despite knowing her history. If Karen causes an accident while on the job because she has been drinking you would expect the Courts to:

hold The Pizza Parlor liable for negligence in hiring

When a court "pierces the corporate veil" it:

hold shareholders personally liable for corporate debts

Five procedural requirements for judicial review of a challenge to an agency decision are:

jurisdiction, reviewability, standing, ripeness and exhaustion

When there is an undisclosed principal, the agent is:

liable to the third party for the principal's nonperformance of the contract

An at-will employee:

may be dismissed at any time without reason or cause

Gary and Sue start a consulting firm. They are co-owners of it and have joint control over its operation and the right to share in its profits. Their organization is most likely a:

partnership

The main objective of the Employee Retirement Income Security Act of 1974 (ERISA) is to:

promote the growth of privat pension plans and guarantee the expectations of those plans

Employers are obliged to make ____________ accommodations for persons with disabilities and are expected to incur expenses in making a position or workstation available to qualified disable applicants and employees.

reasonable

To not violate Title VII's prohibition of discrimination based on religion, an employer may have to make changes in the way her business is organized to meet religious requirements of the employees. Employers are required to incur:

reasonable expenses to accommodate an employee's religious requirements

Which of the following are public-policy exceptions recognized by most states as limits to the employment-at-will doctrine?

refusing to commit an illegal act; performing a public duty and exercising a right

The Equal Pay Act of 1963 prohibits employment pay discrimination on the basis of ___________________.

sex

Which of the following is not a requirement of the Drug-Free Workplace Act imposed on all companies that do more than $25,000 worth of business with the federal government?

test new employees for possible drug use

The Franchise Rule requires that the following information must be provided except:

the background and experiences of all existing franchisees

The most immediate control mechanism enjoyed by Congress for regulating administrative agencies in the ability to control agency activity through:

the budget process

The most immediate control mechanism that Congress has to regulate administrative agencies is the ability to control the agency through:

the budget process

An independent contractor is distinguished by:

the extent of control the employer retains over work performance

Which is true of gratuitous agents:

the gratuitous agent may bind the principal regardless of whether their authority is actual or apparent

Andrea has been working very hard for her employer, Bill. Two weeks before Andrea is due for a bonus payment, Bill fires her for no reason. Andrea could possibly make a case that:

the implied covenant of good faith and fair dealing has been violated

The individual designated by a business organization to receive service of process for the business is known as:

the registered agent

Administrative agencies are often created by Congress because:

they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis

A potential drawback of sole proprietorship and partnerships is that the parties involved have:

unlimited liability

An agency through operation of law is established:

when an emergency exists and the "agent's"actions are in the public interest

You post a notice at school that you will sell your laptop computer for $600. A buyer comes by your room to look at it while you are gone and your roommate sells it for $500, thinking you would be happy with that price, which you did not authorized.

you can accept the deal by express or implied ratification