business and law

The International Court of Justice has:

15 Judges that are elected by the General Assembly and Security Council in elections held simultaneously

Which is not one of the parts of the McDonnell-Douglas test that a plaintiff must establish to carry forward a hiring discrimination claim against an employer:

a. all are part of the test

To determine if there is a hostile environment in a sexual harassment case courts look at:

a. all of the other specific choice are correct

Title VII of the Civil Rights Act does not apply to which of the following:

a. business relationships

Refer to Fact Pattern 16-1. If Spotted Frog management went to court for an injunction to stop the WWA strike, management would be:

a. denied an injunction based on the Fair Labor Standards Act

To respond to claims of dumping in U.S. markets, or foreign government subsidies for production, the International Trade Commission (ITC) may:

a. impose a tariff on goods coming into the U.S. to eliminate the value of the subsidy

The main purpose of the Landrum-Griffin Act is to have:

a. more detailed regulation of internal union affairs

In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court applied

a. none of the other choices are correct

In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court held that:

a. none of the other choices are correct

The practice of creating an artificial price to use in its accounts when a firm sells goods from a division located in one country to a division within the U.S. is referred to as:

a. none of the other choices are correct

Which agency is responsible for deciding administrative cases brought by OSHA:

a. none of the other specific choices are correct

As seen in Oncale v. Sundowner Offshore Services, a case concerning male-on-male sexual harassment, same-sex harassment is:

a. prohibited by Title VII when it is motivated by the sex of the victim

Which of the following actions are employers most likely to be able to take when it comes to drug testing?

a. screen job applicants for drug use before they are hired and routinely test employees on an annual basis as part of a physical examination

Employment-at-will:

allows employees to quit their jobs for any reason at any time and allows employers to discharge employees for any reason at any time subject to contract obligations and allows employees to quit their jobs for any reason at any time and allows employers to discharge employees for any reason at any time subject to contract obligations

Under the ____ employers with 50 or more employees must grant workers up to 12 weeks of unpaid leave after childbirth or adoption; to care for a seriously ill child, spouse, or parent; or in case of an employee's own serious illness.

b. Family and Medical Leave Act

In Keith v. County of Oakland, where the County refused to hire Keith as a swimming lifeguard because he is deaf, and he sued for disability discrimination, the appeals court held that:

b. Keith presented evidence that he could communicate and perform

Which of the following would not be likely to be a violation of the Americans with Disabilities Act, because it goes beyond the scope of the legislation?

b. all of the other choices are likely to be violations

Which of the following is a main source of international commercial law:

b. all of the other specific choices are correct

The intent of the Norris-La Guardia Act was to:

b. allow workers freedom of association and self-organization

Sachs, from California, bought a ticket to ride the train (OBB) in Austria. The government of Austria owns OBB. When trying to board a train, Sachs fell to the tracks and both legs were crushed. She sued OBB for negligence in court in the United States. OBB claimed sovereign immunity. The Supreme Court held that OBB:

b. did not have to defend the suit in court in the United States because such actions must go to court in Austria under rules of sovereign immunity.

Legal standards, in the area of drug testing, are:

b. different in various states

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:

b. none of the other choices

In Ballalatak v. All Iowa Agriculture Association, where Ballalatak contended that he was fired for inquiring into whether the company was fulfilling its workers' compensation obligation and the general manager claimed he was fired for insubordination, the Iowa state supreme court held that Ballalatak:

b. none of the other choices are correct

The ____ requires employers with 100 or more full-time employees to give advance notice of a plant closing or mass layoff if 50 or more employees will be affected.

b. none of the other choices are correct

During a union campaign employers may not do which of the following:

b. promise a pay raise if the workers defeat the union

Who is responsible for criminal enforcement of the Foreign Corrupt Practices Act:

b. the Department of Justice

The National Labor Relations Act was enacted in parts. Which law(s) is(are) part of it?

b. the Landrum-Griffin Act and the Wagner Act

Refer to Fact Pattern 17-1. Suppose Loretta files a complaint against Hour for discrimination, based on the fact that Hour hires only men. To establish a prima facie case against Hour, Loretta would need to prove all of the following except that:

c. Hour intended to discriminate against women

Refer to Fact Pattern 22-1. Naida opens a shop in Paris, and exports her clothes to France from her Joliet, Illinois plant. If France taxes Naida's clothing upon entry into the country, France has imposed:

c. a tariff

94. World Inc. wanted to sell sugar-free candy made by Sweets (a U.S. company) to an Italian company, Ferraro. The goods were to be paid for by an irrevocable letter of credit issued in the name of World. The letter of credit stated that drafts must be accompanied by a bill of lading, packing list, FDA approvals, and certificates of insurance. Drafts were to be presented to C Bank before March 15, 2009. After shipping the candy to Ferraro, World presented the Bank with the required documentation on March 21, 2009. The Bank should

c. none of the other choices

A lockout occurs when:

c. none of the other choices

In Teamsters Local Union No. 523 v. National Labor Relations Board, where a sales representative complained of unfair labor practices after he was demoted by the union when his employer consolidated its distribution so that the union would represent all distribution workers, rather than only some, the U.S. Court of Appeals held that

c. none of the other choices are correct

Title VII of the Civil Rights Act applies to which of the following:

d. Title VII applies to all of the other specific choices

In 2006 Congress ratified the ____, which is supposed to bring international cooperation to corruption enforcement actions.

d. United Nations Convention Against Corruption

Which of the following is not an example of a public policy exception to employment at will:

d. all of the other choices are correct

It is illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions:

d. all of the other specific choices are illegal

Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services:

d. all of the other specific choices are major life activities

Under the hazard communication standard, a material safety data sheet must identify:

d. all of the other specific choices must be identified

The ____ of an international contract sets out the official language by which the contract is to be interpreted.

d. choice of language clause

An unfair labor case is filed with the National Labor Relations Board and goes before an administrative law judge for resolution. If one of the parties is unhappy with the decision of the judge, they may appeal to:

d. none of the other choices

The four-part test that the plaintiff in a disparate treatment case must meet to provide a prima facie discrimination case was established by:

d. none of the other choices are correct

Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by:

d. raising the wages received by women

A trucking company has employees who load 100-pound sacks on trucks. Of those who apply for the jobs, one man in three can lift 100-pound sacks, but only one woman in fifty. As a result, all 40 employees are men. In sex discrimination suit, the most likely result will be that the company will:

d. win because there is a business necessity that produces the all male workforce

A primary boycott is:

e. a strike against an employer whose collective bargaining agreement is in question

An ad valorem tariff is:

e. a tax imposed by the WTO on category B and E goods

In U.S. v. Paradise, involving the hiring of black troopers by the Alabama highway patrol, the Supreme Court:

e. agreed that the remedy proposed by the lower court was discriminatory to whites

Specific act(s) not subject to court injunctions under the Norris-La Guardia Act is (are):

e. all of the other choices

The possible remedies that an injured party may sue for under Title VII include:

e. all of the specific choices are possible

A foreign trade zone is a(n):

e. area where foreign businesses do not have to pay any federal taxes

A(n) ____ is a deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members, when a particular class is underrepresented in the employer's workforce.

e. fair employment action program

Burlite contracts to grant a French business access to its patents. The French company is responsible for producing Burlite in France. This agreement is a:

e. licensing agreement

Which of the following is a reasonable accommodation required of employers under the Americans with Disabilities Act:

e. making existing facilities accessible

The powers of the National Labor Relations Board include:

e. monitoring of unfair labor practices and determining if employees want to be represented by a union and representing the NLRB in court

When a country takes over a foreign investment or, at times, an entire industry in a country it is known as:

e. nationalization

A place of employment where all employees are represented by a union and most employees are union members, but non-union workers must pay fees to the union, is called:

e. none of the other choices

A person who has a physical or mental impairment which substantially limits one or more of such person's major life activities is defined as ____ by the Rehabilitation Act and the Americans with Disabilities Act.

e. none of the other choices are correct

State right-to-work laws are allowed by:

e. none of the other choices are correct

The ____ is responsible for promoting international trade by working to promote the stability of government finances and currency exchange rates.

e. none of the other choices are correct

The employment rights of persons with disabilities and their rights to public accommodations, such as hotels, restaurants, theaters, public transportation, telecommunications, and retail stores were expanded by the:

e. none of the other choices are correct

During a union election, which of the following may employers say?

e. none of the other choices are legal

ERISA establishes vesting requirements. The requirements ensure that participants will:

e. receive some retirement benefits after a reasonable length of employment

Which of the following would not be likely to be a violation of the Americans with Disabilities Act, because it goes beyond the scope of the legislation?

e. refusing to hire a job applicant because an assembly line for automobiles cannot accommodate workers in wheelchairs

Critics of the current minimum-wage system argue that:

e. the law protects only companies with large workforces

Copies of utility bills, such as electric service bills, may be accepted as proof of personal identity and employment eligibility

false

Disparate impact employment discrimination is based on intentional discriminatory policies by an employer.

false

For a union to represent workers at a workplace, two-thirds of the workers must vote for union representation.

false

In the U.S., there are no groups that insure investors against the risk of loss⎯these risks are too great.

false

International contracts often require certificates of deposit to facilitate payment for the goods subject to the contract.

false

Most occupations have qualification restrictions set at the federal level.

false

NAFTA is a free trade agreement between the U.S., Canada, and Great Britain.

false

The National Labor Relations Board is composed of ten members appointed by the Secretary of Labor.

false

The Norris-La Guardia Act, the first major federal labor legislation, was passed in 1865 in response to labor strikes during the Civil War.

false

The United Nations Convention Against Corruption has been widely adopted around the world and appears to have a very high level of enforcement.

false

A standardized employment test that tends to screen out people with disabilities is likely to be illegal under the Americans with Disabilities Act.

true

In Oncale v. Sundowner Offshore Services the Supreme Court held that when reviewing claims of sexual harassment the courts should use "common sense."

true

In a few situations, such as modeling clothing, an employer may discriminate on the basis of sex as a bona fide occupational qualification.

true

One way to reduce the risk of currency fluctuation is to specify ahead of time that payment should be made in a stable, trustworthy currency.

true

The Department of Commerce may investigate to see if a foreign government is providing a subsidy to their producers that allows the good to be sold for less than its real cost of production. If so, a tax may be imposed on the imported good.

true

Title VII of the 1964 Civil Rights Act does not protect against employment discrimination based on disabilities.

true

To prove discrimination under Title VII, a plaintiff must prove, among other elements of proof, that he or she is a member of a protected class, and that there was an adverse job action

true

When a person believes she or he has been the victim of discrimination covered by Title VII, the first step is to file a complaint with the federal or a state equal employment opportunity agency

true

Japan's first sexual harassment case:

was not decided until 1992 and resulted in a relatively small award