employment law final review

A principal is a person who is authorized to act for another (the agent) through employment, by contract or apparent authority. (Source: SG)

FALSE

Because of the state-by-state differences in laws related to employment, most states prohibit forum selection clauses in employment contracts.

FALSE

Generally, as long as the employer is giving the unpaid intern meaningful learning opportunities, it is lawful for the employer to benefit from the intern's work. (Source: SG)

FALSE

The charging party is the same thing as the respondent. (Source: SG)

FALSE

Clarence works as an independent contractor for a law firm jointly owned and managed by Allan, Rose, and Grisham. Which of the following implications can be drawn from the scenario?

CLARENCE WILL BE SOLELY RESPONSIBLE FOR MAKING PAYMENTS FOR HIS SOCIAL SECURITY (FICA), FEDERAL INCOME TAX, STATE TACES, AND MEDICARE

If the Plaintiff proves a prima facie case, the Plaintiff will win his or her case. (Source: SG)

FALSE

In an agency relationship, the actor is called the principal, and the party for whom the principal acts and from whom that principal derives authority to act is called the agent.

FALSE

In an employment-agency relationship, if an agent acts beyond his or her authority, the principal is not liable for any resulting loss to a third party.

FALSE

An independent contractor must pay all employment-related taxes on his or her own.

TRUE

Bob was employed by Aardvark Industries Inc. as a manager. After a thorough and fair investigation, he was fired for sexually harassing his secretary. A prospective employer called Aardvark Industries for a reference and was told that Bob was terminated for sexual harassment. Which of the following statements is most likely to be true in this case?

AARDVARK INDUSTRIES IS NOT LIABLE FOR DEFAMATION BECAUSE THE STATEMENT WAS TRUE AND MADE IN GOOD FAITH

Mary, who works as a staff manager at Melissa Inn, has a minor blood clot in her brain and thus goes on an extended 14 weeks of leave for her surgery. However, she is not able to completely recover within 14 weeks and asks Melissa Inn for an additional two-week leave to recuperate. Melissa Inn informs her that her position might no longer be available when she returns from her extended leave, and Mary agrees. Which of the following holds true in this case?

ACCORDING TO THE AMERICANS WITH DISABILITIES ACT (ADA), MELISSA INN SHOULD FIND A VACANT POSITION FOR MARY AT AN EQUIVALENT LEVEL OR, IF NOT AVAILABLE, AT A LOWER LEVEL WHEN SHE RETURNS

In the absence of age as a bona fide occupational qualification (BFOQ), the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual _____ years of age or older.

40

The Age Discrimination in Employment Act only protects those employees from discrimination who are over _____.

40

Who among the following has committed the tort of libel?

A MANAGER WHO GIVES FALSE, DEFAMATORY INFORMATION ABOUT A FORMER EMPLOYEE THROUGH AN EMAIL

Bob has been an employee of Dinosaur Heavy Equipment for the past seven months. His wife was recently diagnosed with cancer and needs to undergo surgery. Bob asks his supervisor, Harris, for four to six weeks of leave pursuant to the Family Medical Leave Act (FMLA) for his wife's surgery and rehabilitation. Which of the following holds true in this case?

DINOSAUR HEAVY EQUIPMENT IS NOT REQUIRED TO GRANT LEAVE UNDER THE FMLA BECAUSE BOB HAS WORKED FOR DINOSAUR HEAVY EQUIPMENT FOR LESS THAN 12 MONTHS

An employer is privileged to make statements, unless they are likely to negatively impact a current or former employee, where the statement is made in good faith by one who has a legitimate business purpose in making the communication to one who has a business interest in learning the information.

FALSE

An employer may not monitor employee email when the purpose is to ensure that the email system is not being used in ways that offend others or harm morale, or for disruptive purposes.

FALSE

An employer will be held responsible under the Occupational Safety and Health Act (OSHA) for workplace hazards or injuries even where the harm is the result of reckless behavior by an employee.

FALSE

Assumption of the risk is a negligence defense based on the injured party's failure to exercise reasonable care for her or his own safety.

FALSE

Bob earns $10 an hour, and Mary earns $12 an hour. They were hired on the same day with the same qualifications and are equally productive. Because Bob is a man, the employer is permitted to pay him less as the Equal Pay Act's protections do not extend to men. (Source: SG)

FALSE

Bob occasionally compliments his secretary when he arrives at the office, saying things like, "Mary, you look nice today," or "That's a pretty dress." In this case, Mary would likely have a claim for sexual harassment.

FALSE

Bob provides auditing services to the Global Trusted Bank as an independent contractor. Thus, the bank is responsible for paying Bob's federal unemployment compensation (FUTA), Social Security (FICA), and the FICA excise tax.

FALSE

Business necessity is an element of the plaintiff's disparate impact claim.

FALSE

Color discrimination can occur between persons of different races or ethnicities but not between persons of the same race or ethnicity.

FALSE

Commissioned workers are not covered by the Fair Labor Standards Act (FLSA) so they can sometimes lawfully earn less than the minimum wage.

FALSE

Courts have found that it would not be an undue hardship if an employer had to violate the seniority provision of a valid collective bargaining agreement.

FALSE

For an employer to be covered by the Family and Medical Leave Act (FMLA), the employer must have a total of at least 50 employees in all of its units combined.

FALSE

Forms of equitable relief include reinstatement, promotions, back pay, and injunctions.

FALSE

Gender dysphoria is a medically recognized condition that affects primarily gays and lesbians. (Source: SG)

FALSE

In Dothard v. Rawlinson, the U.S. Supreme Court decided that Title VII of the Civil Rights Act of 1964 did not apply to facially neutral policies even when they screened out women at a high rate and were not shown to be directly correlated to ability to do the job.

FALSE

In a right-to-work state, employment can be conditioned on union membership.

FALSE

In the event of a state child labor law being stricter than the federal law, the federal law supersedes the state law.

FALSE

In yellow dog contracts, an employee promised not to seek employment elsewhere.

FALSE

Ineligibility testing refers to tests that an employer administers to ensure that the potential employee is capable and qualified to perform the requirements of the position.

FALSE

It is lawful for an employer to require that male employees wear "normal business attire" but women are required to wear uniforms.

FALSE

It is unlawful for an employer to authorize an interception of a conversation by an employee even when the equipment used (such as a telephone) is what is used in the ordinary course of business.

FALSE

Texas provides workplace discrimination protection for transgenders.

FALSE

Texas state law limits the use of credit reports in an employer's hiring process. (Source: SG)

FALSE

Texas wage-and-hour law provides significantly great wage benefits to employees than the Fair Labor Standards Act (FLSA) provides.

FALSE

The Employee Retirement Income Security Act (ERISA) requires large employers to offer retirement plans.

FALSE

The Equal Pay Act (EPA) has an unusually short statute of limitations: 120 days from the alleged violation.

FALSE

The Equal Pay Act (EPA) set standards for the minimum age for workers and the minimum wages they can make.

FALSE

The Fair Labor Standards Act (FLSA) applies only to full-time employees.

FALSE

The Fair Labor Standards Act (FLSA) mandates at least two breaks in every eight-hour work shift.

FALSE

The Health Insurance Portability and Accountability Act (HIPAA) preempts all state privacy laws.

FALSE

The Health Insurance Portability and Accountability Act stipulates that employers can use protected health information in making employment decisions without prior consent.

FALSE

The National Labor Relations Board (NLRB) is part of the U.S. Department of Labor that enforces labor laws for private sector employees.

FALSE

The Pregnancy Discrimination Act mandated preferential hiring treatment of women who were pregnant. (Source. SG)

FALSE

The crime of assault is intentional unpermitted bodily touching.

FALSE

The union shop agreement clause requires all employees of the bargaining unit to pay union dues, whether they are union members or not.

FALSE

Those who use prescription medications unlawfully and who have a disability related to their unlawful drug use are not protected by the Americans with Disabilities Act (ADA).

FALSE

Title VII does not cover U.S. citizens employed by American employers outside the United States.

FALSE

Title VII of the Civil Rights Act of 1964 permits employer actions that discriminate based on race-linked illness.

FALSE

Title VII of the Civil Rights Act of 1964 prohibits race discrimination against all persons, excluding Caucasians.

FALSE

To be covered under the Family and Medical Leave Act (FMLA), employees must have worked for their employer for at least 1,000 hours during the 12 months preceding the time off.

FALSE

Under federal law, children between the ages of 10 and 16 may work at certain types of jobs that do not interfere with their health, education, or well-being.

FALSE

Under the ADA, prior to making a permanent offer of employment, an employer is prohibited from requiring applicants submit to medical exams. (Source: SG)

FALSE

Under the Fair Labor Standards Act (FLSA), employers need pay only for the work that they directly and clearly authorize.

FALSE

Under the Family and Medical Leave Act (FMLA), an employee is entitled to return to a position when taking the leave, but the position offered is at the discretion of the employer and may involve lower pay and different job duties.

FALSE

Unions are legally permitted engage in jurisdictional boycotts and secondary boycotts.

FALSE

Unions have complete discretion to establish their initiation fees and dues.

FALSE

When a claim is pretextual, it means that it is the true reason for an action, that there is no other underlying motivation.

FALSE

When determining the essential functions of a job, an employer must look to the means of performing that function, not on the function desired to be accomplished.

FALSE

Where a waiver is offered in exchange for an early retirement plan, as opposed to some other consideration, the individual must have 90 days in which to consider signing the agreement.

FALSE

The most important difference between public and private collective bargaining is that:

FEDERAL LEGISLATION AND MOST STATE STATUTES DO NOT CONTAIN THE RIGHT OF PUBLIC EMPLOYEES TO STRIKE

Bob, an environmental enthusiast, volunteers to work as an intern at Green Dragon International, a non-profit organization dedicated to environmental protection. Green Dragon hires Bob without any pay. Which of the following is most likely to be true in this case?

GREEN DRAGON DID NOT VIOLATE THE FAIR LABOR STANDARDS ACT BECAUSE UNPAID INTERNSHIPS AT NON-PROFIT CHARITABLE ORGANIZATIONS ARE GENERALLY PERMISSIBLE

According to the Age Discrimination in Employment Act (ADEA), which of the following individuals can be subjected to compulsory retirement based on age?

HIGH-LEVEL EMPLOYEES WITH SUBSTANTIAL EXECUTIVE AUTHORITY WHO WILL RECEIVE A COMPANY PENSION OF $44,000 OR MORE

Chan, an Asian employee working at Cobra Systems Inc., is terminated on the grounds that he is homosexual. He wants to file a discrimination claim against his employer. Chan will have a valid claim under Title VII of the Civil Rights Act of 1964 if he can show that:

HIS EMPLOYER DID NOT TERMINATE HOMOSEXUAL EMPLOYEES FROM OTHER RACES

Under the Americans with Disabilities Act (ADA), an individual is disabled:

IF HE OR SHE HAS A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR MORE OF THE MAJOR LIFE ACTIVITIES OF AN INDIVIDUAL

In a pre-employment interview, an employer should avoid asking if an applicant or a potential employee:

IS A CITIZEN OF THE UNITED STATES

An employee claiming that a performance appraisal resulted in disparate treatment must show that he or she:

IS A MEMBER OF A PROTECTED CLASS

Bob has been working as a salesman at Dolphin Pools, a company with 55 employees for the past five years. He becomes the legal guardian of his six-year-old nephew after his sister and her husband die in a car crash. He informs his supervisor that he would need the next couple of weeks off to arrange for his nephew's care. Under the Family and Medical Leave Act (FMLA), Dolphin Pools:

IS REQUIRED TO GRANT THE LEAVE BECAUSE THE ACT EXTENDS THE RIGHT TO CARE FOR A CHILD TO AN EMPLOYEE WHO IS ACTING AS A PARENT

In the context of unwelcome sexual activity, if the activity started out being consensual and one employee calls a halt to it and the other continues:

IT CAN BECOME SEXUAL HARASSMENT AT THE TIME THE ACTIVITY IS NO LONGER CONSENSUAL

Bob was a Christian Scientist, while Mary, his colleague, was a born-again Christian. Mary left a flyer for her church on Bob's desk, emailed Bible verses to Bob, and invited him to church service every Sunday, telling him that he should go to Mary's church. Bob asked Mary to stop, but Mary responded that her religion required her to save lost souls. Bob complained to his supervisor about Mary's harassment. Which of the following statements is most likely to be true in this case?

MARY'S ACTIONS CONSTITUTE RELIGIOUS HARASSMENT AS MARY'S BEHAVIOR WAS SERVERE OR PERVASIVE, AND MARY DID NOT STOP EVEN AFTER BOB'S REQUEST TO DO SO

Mary, a non-U.S. citizen, was employed by Lizard Electronics Inc., a U.S. corporation. She worked at a facility based in London. During a recent workforce reduction, Mary was terminated from her job. She noticed that only female employees were laid off. She contacted the Equal Employment Opportunity Commission (EEOC) to file a discrimination claim. In the context of employees covered under Title VII of the Civil Rights Act of 1964, which of the following is true?

MARY'S CLAIM CANNOT BE FILED WITH THE EEOC BECAUSE SHE IS NOT A U.S. CITIZEN AND SHE DOES NOT LIVE IN THE UNITED STATES

Celina Charity Hospital has 20 Muslim employees in its maintenance department. The hospital has a designated room in the basement for its Muslim employees to follow their practice of praying five times a day. Muhammad, a new employee, refused to use the room in the basement because he felt it degraded his religion. He instead used the visitors' waiting room on the third floor to pray in spite of his supervisor asking him not to pray there. Consequently, he was fired. Which of the following is most likely to be true in this case?

MUHAMMAD DOES NOT HAVE A CLAIM FOR RELIGIOUS DISCRIMINATION BECAUSE HE HAD A DUTY TO COOPERATE IN THE ACCOMMODATION

Employees of the Skunk Company work long hours during road construction projects to take advantage of good weather and to complete the work on schedule. During one particular week, a few employees worked close to 65 hours each. For such employees, Skunk Company must:

PAY TIME AND A HALF FOR THE TIME WORKED IN EXCESS OF 40 HOURS

Bob, the branch manager at Plano Bank, hires Mary as a teller. A few months later, he urges her to engage in some sexual activity with him in return for a promotion to the post of senior teller. Fearful about losing her job, Mary agrees. After a year of an intermittent sexual relationship with him, she tells him that the relationship is over. When she applies for the job of assistant branch manager, Bob selects another employee in the branch with less experience for the job. In spite of the bank's well-developed sexual harassment policy, which requires complaints of sexual harassment be made to the human resources department, Mary files a complaint with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this case?

PLANO BANK WILL FACE STRICT LIABILTY FOR QUID PRO QUO HARASSMENT

Bob is a high-level employee at the U.S. Department of State. He found out that the department leaked confidential information about him without his consent. In this case, Bob can sue the Department of State as his rights have been violated according to the _____.

PRIVACY ACT

Under the theory of inevitable disclosure, courts:

PROHIBIT A FORMER EMPLOYEE FROM WORKING FOR AN EMPLOYER'S COMPETITIOR IF THE EMPLOYER CAN SHOW THAT THERE IS IMMINENT THREAT THAT A TRADE SECRET WILL BE SHARED

Gender identity statutes are laws:

PROVIDING PROTECTION FOR TRANSGENDERS

Joseph, an African American, works on the assembly line at Honey Badger Appliances. While working, he talks in detail about his intimate sexual escapades at a local gay bar. The other employees complain to the supervisor, and Joseph is asked not to discuss his personal life at work. Joseph continues to recount stories of his sexual triumphs, and he is terminated. In this scenario, Joseph has a:

RACE DISCRIMINATION CLAIM UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 IF HE CAN SHOW THAT WHITE GAY MEN ENGAGED IN THE SAME OR SIMILAR CONDUCT AND WERE NOT TERMINATED

In Texas, an employer cannot discriminate on the basis of any of the following except: (Source: SG)

SEXUAL ORIENTATION

As per the Lilly Ledbetter Fair Pay Act of 2009:

THE 180-DAY STATUTE OF LIMITATIONS WITH REGARD TO WAGE DISCRIMINATION BEGINS TO RUN ALL OVER AGAIN EACH TIME A PAYCHECK IS ISSUED BASED ON PAY DISCRIMINATION

An employer can use the direct-threat defense in the case of an employee with a disease only if:

THE DEFENSE IS BASED ON A REASONABLE MEDICAL JUDGMENT

A "piece rate" fixes a wage payment on each completed unit of work such as a seamstress who is paid based upon the number of hems that she sews and a lumberjack who is paid based upon the number of trees that he harvests.

TRUE

A 706 agency is a state agency that handles EEOC claims under a work-sharing agreement with the EEOC.

TRUE

ADEA waivers must be written in a manner calculated to be understood by an average employee.

TRUE

Absent a particular contract or other legal obligation that specifies the length or conditions of employment, all employees are employed at will.

TRUE

Before they can work in the U.S., foreign nationals who do not have permanent resident status must obtain a visa permitting them to work in the U.S. (Source: SG)

TRUE

Color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person.

TRUE

Compelled self-publication occurs when an employer provides an employee with a false reason as the basis for termination, and the employee is compelled to restate this reason when asked by a future employer the basis of departure from the previous job.

TRUE

Consensual relationships are not forbidden under the law, and employees may date consistent with company policy.

TRUE

Employers are permitted to provide less extensive coverage for older workers under employee welfare plans, as long as the amount expended is equal to that spent on other workers.

TRUE

Employers must pay employees a minimum hourly wage of at least $7.25.

TRUE

Federal minimum wage law supersedes state minimum wage laws where the federal minimum wage is greater than the state minimum wage.

TRUE

Generally, state workers' compensation laws require employers to provide medical care and replace partial lost income for injuries of employees arising out of and in the course of employment.

TRUE

If a state is not a right-to-work state, the union and employer may have as a part of their collective bargaining agreement a provision for a union shop.

TRUE

If the Equal Employment Opportunity Commission (EEOC) finds there is no reasonable cause for an employee's discrimination complaint, the employee is given a dismissal and notice of rights, often known as a right-to-sue letter.

TRUE

In jurisdictions where the state privacy laws are more stringent than Health Insurance Portability and Accountability Act (HIPAA), those laws (or their relevant portions) are preserved and should be applied instead of HIPAA.

TRUE

In order to accommodate an employee's religion per Title VII of the Civil Rights Act of 1964, an employer need not previously know of, or have heard of, or approve of the employee's religion.

TRUE

In order to establish that a requested accommodation constitutes an undue hardship under the Americans with Disabilities Act (ADA), it must be shown that the accommodation will impose a significant obligation on the part of the employer.

TRUE

In some cases, where leaves for more than 12 weeks would not constitute an undue burden on the employer, a leave for an extended period may be considered to be reasonable accommodation under the Americans with Disabilities Act (ADA).

TRUE

In some jurisdictions, promissory estoppel is an exception to the employment-at-will doctrine if an employee can show that he or she relied on the employer's promise to his or her detriment.

TRUE

In the event of a reduction in force, age discrimination may be proven where: a) an employer refuses to allow the discharged (or demoted) employee to bump others with less seniority, and b) an employer hires younger workers at the prior salary of the older worker when the jobs become available after the older worker was discharged (or demoted).

TRUE

In the hiring process, veteran or active duty military status may be taken into account as a special preference. (Source: SG)

TRUE

Individuals who either are participating in or have completed a drug rehabilitation program -- and who have a disability related to their drug use -- are protected by the Americans with Disabilities Act (ADA).

TRUE

It is an unfair labor practice for unions to cause an employer to discriminate against an employee.

TRUE

It is an unfair labor practice for unions to cause an employer to pay for goods or services that are not provided.

TRUE

It is illegal to ask questions in a job interview that are asked of only one gender.

TRUE

Legal problems are likely to arise when temporary workers are kept on for a long time and do the same work as employees. These "temporary workers" may challenge their exclusion from employment benefits. (Source: SG)

TRUE

Pretext means that the employer's stated reason for decision for decision is not the real one. (Source: SG)

TRUE

Punitive damages are those designed to punish an employer (rather than compensating an employee) and often significantly higher in amount than back pay.

TRUE

Punitive damages, which are generally unavailable in ADEA-based claims, are available for retaliation claims.

TRUE

Sexual orientation is not a protected category under Title VII of the Civil Rights Act of 1964.

TRUE

Sexual orientation refers to a person's emotional, romantic, or sexual attraction to individuals of a particular gender (women or men).

TRUE

Slander consists of defamation in an oral statement.

TRUE

States vary widely as to whether they will enforce employee non-compete agreements. (Source: SG)

TRUE

Statutes such as Title VII of the Civil Rights Act of 1964 and others require, in part, that an employer not only recruit from a diverse audience but also design employment announcements that will encourage a diverse group of people to apply.

TRUE

Texas has a 706 agency.

TRUE

The "ministerial exception" is frequently applied in employment discrimination cases involving religious institutions. This legal exception permits religious institutions and associations to discriminate when performing their activities.

TRUE

The "reasonable factor other than age" (RFOA) defense includes any requirement that does not have an adverse impact on older workers, as well as those factors that do adversely affect this protected class but are shown to be job-related.

TRUE

The Age Discrimination in Employment Act (ADEA) does not allow the defense of bona fide occupational qualification to be used by employers with respect to age.

TRUE

The Age Discrimination in Employment Act (ADEA) makes it unlawful to publish a job advertisement indicating any preference based on age.

TRUE

The Americans with Disabilities Act (ADA) prohibits discrimination against anyone who "made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing"; interference, coercion, and intimidation are similarly forbidden.

TRUE

The Family and Medical Leave Act (FMLA) has special provisions for military service members and their families.

TRUE

The Landrum-Griffin Act bill of rights was enacted in response to union abuses actually found during a two-year congressional investigation.

TRUE

The Landrum-Griffin Act of 1959 provided a bill of rights for union members.

TRUE

The National Labor Relations Act of 1935 (NLRA) protects only employees and not independent contractors from unfair labor practices.

TRUE

The U.S. Supreme Court's determination of what constitutes undue hardship in the process of attempting reasonable accommodation was established in Trans World Airlines, Inc. v. Hardison.

TRUE

The continuation of healthcare coverage under COBRA is not free; beneficiaries can be charged up to 102% of the cost to the employer of providing coverage.

TRUE

The employer carries the burden of proof for the English-only requirements. (Source: SG)

TRUE

The employer's only alternative may involve demoting or even terminating the employee, depending on the circumstances. These options are not prohibited if all other alternatives present the employer with an undue hardship.

TRUE

The family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) both require a covered employer to grant leave based on medical reasons.

TRUE

The great majority of employees in the United States are covered by the Fair Labor Standards Act (FLSA).

TRUE

The issue of the level of risk the disabled employee poses to himself/herself or to others is crucial to the determination of whether the applicant is "otherwise qualified" for the position.

TRUE

The more frequent or serious the sexually harassing occurrences are, the more likely it is that the severe and/or pervasive requirement will be met.

TRUE

The most important difference between public and private collective bargaining is that federal legislation and most state statutes do not contain the right of public employees to strike.

TRUE

The prima facie case of publication in a false light requires that there was a public disclosure of facts that place the employee in a false light before the public. The false light would be highly offensive to a reasonable person, and the person providing the information must have had knowledge of or recklessly disregarded the falsity or false light of the publication.

TRUE

Under the Americans with Disabilities Act (ADA), a plaintiff must establish that he or she is a qualified individual with a disability protected by the ADA to successfully assert a harassment claim.

TRUE

Under the Americans with Disabilities Act (ADA), an employee who does not have a disability, but is perceived to be disabled by others, is protected against discrimination based on that misperception.

TRUE

Under the Fair Labor Standards Act (FLSA), employers must pay for work they "suffer or permit."

TRUE

Under the Fair Labor Standards Act (FLSA), the "tipped" employee must be paid at least $2.13/hour by the employer, who may claim a "tip credit" for the rest of minimum wage.

TRUE

Under the National Labor Relations Act (NLRA), an employer is required to bargain in good faith with union representatives about wages, hours, and terms and conditions of employment.

TRUE

Unlike Title VII of the Civil Rights Act of 1964, there is no protection from reverse discrimination.

TRUE

When an employee in a single workweek performs two different functions at two different rates of pay, his/her wage rate for that week is the weighted average of the two wage rates.

TRUE

When help wanted notices or advertisements contain terms and phrases such as "college student" or "recent college graduate," such a term or phrase discriminates against the employment of older people, and will be considered in violation of the Age Discrimination in Employment Act (ADEA).

TRUE

When investing plan assets, a fiduciary must do so in a diversified manner so as to avoid large losses; this investment diversification standard is intended to limit the investment risk of a plan.

TRUE

When the harassment is by one employee toward another on the same level, the employer is liable if the employer knew or should have known of the acts of the harasser and took no immediate corrective action.

TRUE

When the reason for the termination is allegedly defamatory (for instance, termination based on false accusations of insubordination or theft), then some courts have held that self-publication can satisfy the prima facie requirements of defamation since the employee was compelled to publish the defamatory statement to a third person.

TRUE

While Title VII's basic statute of limitations is 180 days from the precipitating event, the U.S. Supreme Court has ruled that the statute of limitations on race cases under section 1981 is four years.

TRUE

Workers' compensation is a statutory scheme to provide no-fault insurance for lost wages and medical expenses resulting from work-related injuries.

TRUE

Mary, the administrator of pension and welfare plans for the Golden Lion Tamarin Corporation, invests all of the participants' funds in the stock of Lemur Industries Inc. The stock price plummets, resulting in a loss for the participants. Thus, Mary has:

VIOLATED HER FIDUCIARY DUTY OF DIVERSIFICATION

Bob, the manager of a manufacturing unit, issues a written workplace policy stating that any employee who is related to people of Latin American origin will be ineligible for a promotion to the supervisory level. This workplace policy issued by Bob:

VIOLATES TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 BECAUSE IT WILL RESULT IN DISCRIMINATION AGAINST INDIVIDUALS WHO ARE MARRIED TO OR ASSOCIATED WITH PEOPLE OF A SPECIFIC NATIONAL ORIGIN

An employer who raises the same-actor defense asserts that:

WHEN A WORKER PROTECTED BY THE AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA) IS HIRED AND FIRED BY THE SAME PERSON, THERE IS A PERMISSIBLE INFERENCE THAT AN EMPLOYEE'S AGE WAS NOT A MOTIVATING FACTOR IN THE DECISION TO TERMINATE

An employer may use the greater hazard defense to an Occupational Safety and Health Act (OSHA) violation:

WHERE THE HAZARDS OF COMPLIANCE WITH THE STANDARD ARE MORE THAN THE HAZARDS OF NONCOMPLIANCE

In the context of proof of pretext, which of the following statements is true?

WHERE THERE IS DIRECT EVIDENCE OF DISCRIMINATION, PROOF OF PRETEXT IS NOT REQUIRED

Mary, a freelance accountant, is hired by Bob Operating Business (BOB) whenever there is some auditing work at BOB's back-end office. Mary is called to the office on a need basis and is paid $200 per day for her services. Which of the following is true of this scenario?

MARY CANNOT SUCCESSFULLY CLAIM MEDICAL OR RETIREMENT BENEFITS FROM BOB AS SHE IS AN INDEPENDENT CONTRACTOR

An employer is liable for the tort of irresponsible hiring where an employee causes harm that could have been prevented if the employer had conducted a reasonable and responsible background check on the employee.

FALSE

An injury at work automatically leads to workers' compensation liability.

FALSE

As a general rule, Family and Medical Leave Act (FMLA) leave is available for parents to care for their adult children who experience a serious health condition.

FALSE

Atheism cannot be considered the equivalent of a religion for the purposes of Title VII (of the Civil Rights Act of 1964).

FALSE

Because there was a lack of sexual overtones in specific gender-related harassing comments, those comments could not constitute sexual harassment.

FALSE

Being female can be a BFOQ for a flight attendant position if the airline markets itself as having pretty and flirtatious stewardesses. (Source: SG)

FALSE

Bob and Mary live in Collin County. Bob's employer, Mary, supports the Republican Party, whereas Bob supports the Democratic Party. Mary subtly hints that Bob would get a raise if he votes for the Republicans, but Bob votes for the Democrats instead. When she finds out, Mary demotes Bob. In this case, Mary's action is illegal.

FALSE

Claims of national origin harassment are actionable only if the harassment frightened the employee.

FALSE

Claims of publication in a false light are not waived by an employee even if the employee publishes the information or willingly or knowingly permits it to be published.

FALSE

Compensation for pain and suffering or emotional distress is available under the Age Discrimination in Employment Act (ADEA).

FALSE

Courts have found that it would not be an undue hardship if an employer had to force other employees who do not wish to do so to trade places with the employee who has a religious conflict.

FALSE

Current illicit drug users are protected by the Americans with Disabilities Act (ADA).

FALSE

Defined benefit plans are retirement plans where the benefits payable to a participant are based on the amount of contributions and earnings on such contributions.

FALSE

Discrimination against an individual based on perception of his or her race violates Title VII of the Civil Rights Act of 1964 only if that perception is correct.

FALSE

Divesting is becoming legally entitled to receive a benefit that cannot be forfeited even if employment is terminated.

FALSE

Drug tests searching for illegal substances are medical exams. (Source: SG)

FALSE

Due to the First Amendment, union funds can be used to support union office candidates in their union elections.

FALSE

Due to the right-to-work doctrine, a company representative who makes an intentional or negligent misrepresentation that encourages an applicant to take a job will not be liable to that applicant even if harm results.

FALSE

During a unionizing campaign, an employer can terminate employees who support the union.

FALSE

E-Verify is a federal program that verifies the results of drug tests of employees and applicants. (Source: SG)

FALSE

Economic strikers are entitled to be reinstated if their jobs are occupied by replacement workers.

FALSE

Employee Retirement Income Security Act (ERISA) and the tax code require that all employees age 18 or over who have completed six months of employment must be covered by their employer's pension plan.

FALSE

Employers are expected to accommodate employees by lowering a production standard, which applies to all employees, for the disabled employee, though it usually does not need to be lowered by more than ten percent.

FALSE

Employers are more limited in inquiring about a job applicant's convictions relevant to the job than about arrest records.

FALSE

Employers are permitted to not hire disabled persons because they are more expensive to insure.

FALSE

Employers may exclude employees from insurance coverage due to preexisting medical conditions as long as the diagnosis occurred prior to the beginning of the employment relationship.

FALSE

Employers may not require individuals of one ethnic background to undergo more significant security checks or other pre-employment requirements unless they come from a country that has proven ties to terrorist organizations.

FALSE

Employment law relating to sexual orientation and gender identity are unlikely to change in the coming years. (Source: SG)

FALSE

Federal minimum wage law supersedes state minimum wage laws where the state minimum wage is greater than the federal minimum wage.

FALSE

The requirement of reasonable accommodation means that the employer must create a new job for the disabled employee if he or she is unable to perform the essential functions of his or her current position with or without reasonable accommodations.

FALSE

Fiduciaries for a plan under the Employee Retirement Income Security Act (ERISA) must discharge their duties in the interests of plan participants and the employer. They must have equal loyalty to the participants in the plan as they do for the employer.

FALSE

First set forth by the U.S. Supreme Court in McDonnell Douglas Corp. v. Green, the burden-shifting analysis provides that once the employee meets her or his requirements for establishing a prima facie case of disability discrimination, the employer has the opportunity to establish that the employee does not meet the definition of disabled. If the employer fails to do so, the employer will lose the case.

FALSE

For all newly hired workers, within 3 days, the employer must verify employment eligibility by completing federal form H2-17. (Source: SG)

FALSE

Four-fifths rule is the presumption of discrimination where the selection rate (for any employment decision) for the protected group is less than 50 percent of the selection rate of the non-minority group. (Source: SG)

FALSE

Gender identity is included as a disability in the Americans with Disabilities Act (ADA). (Source: SG)

FALSE

Gender identity means having an affinity for the same gender.

FALSE

Generally, Texas child labor rules are more restrictive than the federal law.

FALSE

Generally, the law considers partners to be employees of their partnership. (Source: SG)

FALSE

Hostile environment sexual harassment is generally easier to recognize than quid pro quo sexual harassment.

FALSE

If there is more than one reasonable accommodation available to accommodate an employee's religious practices, an employer must select the accommodation that is the most reasonable.

FALSE

In a sexual harassment claim, it is not a defense to liability if an employer can show that a victim of harassment unreasonably failed to avail himself or herself of a mechanism the employer had in place for preventing or correcting sexual harassment.

FALSE

Mary is a sheriff's deputy with the Collin County Sheriff's Department. Anti-abortion protesters announce that they are going to hold rallies at medical clinics where abortions are performed in Collin County. The sheriff's department decides to assign officers to guard the clinics. Mary tells the chief of police that she has strong religious beliefs opposing abortion and cannot guard such a clinic. The chief tells Mary she can patrol elsewhere during the rallies. During one of the rallies, a riot occurs at one of the clinics, and Mary is one of the officers called to assist. She refuses to respond to the emergency call and is fired. Mary claims religious discrimination. Which of the following is most likely to be true in this case?

THE DEPARTMENT WILL WIN BECAUSE THE DEPARTMENT COULD NOT EXCUSE HER FROM RESPONDING TO THE EMERGENCY CALL WITHOUT CAUSING AN UNDUE HARDSHIP

"Jim Crow" was a system of racial segregation practiced in many parts of the United States. The system was enforced through law, ironclad social custom, and, many times, violence.

TRUE

A common justification that employers use for electronic surveillance is to increase employee productivity, particularly by reducing misuse of employee time.

TRUE

A defined benefit plan is a retirement plan where the benefit payable to a participant is defined upfront by a formula, the funding of which is determined actuarially.

TRUE

A union shop clause requires the employer to have all members or potential members of the bargaining unit agree that they will join the union within a certain amount of time (not less than 30 days) after becoming employed.

TRUE

An employee's religion usually qualifies as a religion according to Title VII (of the Civil Rights Act of 1964) if the claimant's beliefs are sincerely held.

TRUE

An employer can use the defense of direct threat in the case of an employee or an applicant with a disease only if the defense is based on a reasonable medical judgment and an individualized assessment of the circumstances.

TRUE

An employer does not have the right to raise a question regarding gender in a job interview unless gender is a bona fide occupational qualification.

TRUE

An employer has vicarious liability if an employee causes harm to a third party while the employee is in the course of employment.

TRUE

An employer may defend against a claim of disability discrimination with a claim of business necessity, by explaining that the qualification standard was dictated by business requirements.

TRUE

Generally, according to the Uniformed Services Employment and Reemployment Rights Act (USERRA), returning veterans are entitled to reemployment following up to five years of cumulative absence for military service.

TRUE

If the employee is an apprentice, learner, or disabled worker, under certain circumstances, she or he may receive less than the minimum wage if the employer obtains a certificate issued by the Department of Labor's wage and hour administrator.

TRUE

If the employee is required to remain on-call on the employer's premises, the employee is considered to be working while on-call, and these hours are compensable hours worked.

TRUE

If the employee wants to pursue the matter further after the EEOC's conclusion that Title VII has not been violated, the employee may do so because he or she has exhausted the administrative remedies of the EEOC.

TRUE

The employer must provide the required notice under the Family and Medical Leave Act (FMLA) to the employee within five business days of having enough information to determine that the leave is FMLA-qualifying.

TRUE

The most frequently filed claims with the EEOC are issues related to race. (Source: SG)

TRUE

The rolling 12-month period method, which looks back 365 days from the current date, is the most popular calendar choice for employers for Family and Medical Leave Act (FMLA) compliance.

TRUE

The size of an employer's workforce is one of the factors considered when determining whether the employer has successfully borne the burden of reasonably accommodating an employee's religious conflict.

TRUE

The term "race" has changed its meaning over time. (Source: SG)

TRUE

The union shop agreement clause requires that all employees join the union within a certain time of coming into the bargaining unit.

TRUE

There is no specific format for a request for accommodation and it need not explicitly mention the Americans with Disabilities Act (ADA) or the term "reasonable accommodation."

TRUE

There is nothing in Title VII to prevent an employer from prohibiting men from wearing makeup in the workplace.

TRUE

Though a worker might be protected based on marital status, she or he is not necessarily protected against adverse action based on the identity of the person to whom she or he is married.

TRUE

Though the U.S. Supreme Court in Oncale v Sundowner Offshore Services established the legal theory of same-sex sexual harassment, it is a difficult theory under which to win. (Source: SG)

TRUE

Time missed from work due to an Americans with Disabilities Act (ADA) leave can count against the Family and Medical Leave Act (FMLA) entitlement.

TRUE

Time spent travelling from home to work is not compensable time under the Fair Labor Standards Act (FLSA).

TRUE

Title VII of the Civil Rights Act of 1964 applies to employers and prohibits them from discriminating against employees. It does not, however, cover discrimination against independent contractors.

TRUE

Title VII states that it is not an unlawful employment practice for a school, college, university, or other educational institution to hire or employ employees of a particular religion if the institution is in whole or in substantial part owned, supported, controlled, or managed by a particular religion or by a religious corporation, association, or society.

TRUE

To establish a claim of retaliation under the Occupational Safety and health Act (OSHA), an employee needs to prove (1) that he or she engaged in a protected activity (i.e., whistleblowing), (2) that the employer knew about that activity, (3) that the employer subjected him or her to an adverse action (which can include intimidation or threats), and (4) that the protected activity contributed to the adverse action.

TRUE

To state a prima facie case for the tort of intrusion into seclusion, a plaintiff employee must show that a defendant employer intentionally intruded into a private area, the plaintiff was entitled to privacy in that area, and the intrusion would be objectionable to a person of reasonable sensitivity.

TRUE

U.S. labor law requires only that the parties bargain in good faith about appropriate matters, not that one party necessarily agree with the other's position and agree to include the other's position in the collective bargaining agreement.

TRUE

Under respondeat superior, employers are liable for the harm to others caused by their employees acting within the scope of employment. (Source: SG)

TRUE

Under the National Labor Relations Act, only a refusal to bargain about mandatory subjects of bargaining may form the basis of an unfair labor practice.

TRUE

Under the guidelines established by President Clinton for the religious freedom of federal employees, workers are permitted to engage in religious expression directed at fellow employees.

TRUE

Where an injury or illness is work-related and meets the general recording criteria or falls into specific categories, reporting is mandated. It must be reported as long as it is an illness, a death, or an injury that involves (1) medical treatment, (2) loss of consciousness, (3) restriction of work or motion, or (4) transfer to a different position.

TRUE

While U.S. postal workers may do so, generally federal employees cannot bargain over wages, hours, or benefits.

TRUE

While an employee is on a Family and Medical Leave Act (FMLA) leave, the employer must maintain that employee's group health insurance at the active rates while the employee is absence (if the employee was already participating in group health insurance).

TRUE

While employers may actually bargain about other matters (permissive subjects), only a refusal to bargain about mandatory subjects of bargaining may form the basis of an unfair labor practice.

TRUE

Title VII of the Civil Rights Act of 1964:

PROHIBITS DISCRIMINATION IN EMPLOYMENT BASED ON SPECIFIED PROTECTED CLASS

Under the continual-training requirement, the Occupational Safety and Health Act (OSHA) requires an employer to:

PROVIDE SAFETY TRAINING EVERY TIME AN EMPLOYEE IS HIRED OR TRANSFERRED INTO A NEW POSITION, EVEN IF JUST FOR A DAY

In the context of pre-employment tests, construct validity is generally most useful when an employer is seeking to measure:

PSYCHOLOGICAL CHARACTERISTICS

Mary and Bob are co-workers. Mary happens to overhear Bob's telephone conversation and learns that he has leukemia. Mary conveys this information to her other co-workers. Which of the following torts has Mary likely committed in this case?

PUBLIC DISCLOSURE OF PRIVATE FACTS

A(n) _____ is the intentional relinquishment of a known right.

WAIVER

If an employer institutes a judicially imposed or voluntary affirmative action plan that can withstand judicial scrutiny and lawfully complies with that plan, the employer:

WILL NOT BE LIABLE TO EMPLOYEES FOR REVERSE DISCRIMINATION

An employer need not previously know of, or have heard of, or approve of an employee's religion in order to be required to accommodate it for Title VII purposes, but the religion must be well-established.

FALSE

Family and Medical Leave Act (FMLA) leave must be taken in full day increments.

FALSE

Federal statutes require that employers document the reasons in writing for failing to hire any specific applicant.

FALSE

It is necessary for the harasser to know to which national origin group the victim belongs in order for there to be national origin discrimination. (Source: SG)

FALSE

The Civil Rights Act of 1964 prohibits:

DISCRIMINATION RELATING TO EMPLOYMENT, EDUCATION, AND PUBLIC ACCOMODATIONS

The Landrum-Griffin Act includes a bill of rights for union members, which provides that union members have the right to:

NOMINATE CANDIDATES FOR UNION ELECTIONS

Which of the following is a form of equitable relief?

REINSTATEMENT

Here is how a prima facie case for hostile environment under the Age Discrimination in Employment Act can be made:

1) the employee is 40 years old or older; 2) the employee was subjected to harassment, either through words or actions, based on age; AND 3) the harassment had the effect of unreasonably interfering with the employee's work performance and creating an objectively intimidating, hostile, or offensive work environment

Before the passage of the Occupational Safety and Health Act (OSHA), an employer could have tried to escape liability for an unsafe workplace by showing that the negligence of one employee caused injuries to another employee. Which of the following defenses would the employer try to assert?

THE FELLOW SERVANT RULE

To hold an employer liable for racial harassment, an employee must show that: (Choose the best answer.)

THE HARASSMENT WAS SERVERE OR PERSUASIVE ENOUGH TO ALTER THE CONDITIONS OF EMPLOYMENT

An employee also must be reasonable in considering religious accommodation alternatives.

TRUE

If the disability claimed by an employee is based on a disease, the court will determine whether the employee is otherwise qualified by:

ASSESSING THE LEVEL OF RISK THE EMPLOYEE POSES TO HIMSELF/HERSELF OR TO OTHERS

Disparate impact cases are generally statistically based group cases alleging that the employer's policy, while neutral on its face (facially neutral), has a disparate or adverse impact on a protected group. If such a policy impacts protected groups more harshly than others, illegal discrimination may be found if the employer cannot show that the requirement is a legitimate business necessity.

TRUE

Disparate impact exists where a policy or rule of an employer, though not discriminatory on its face, has an effect on one group different from that on another.

TRUE

Double damages are available to successful plaintiffs if they can prove that the employer acted willfully in violating the Fair Labor Standards Act (FLSA).

TRUE

Generally, employment actions by private employers do not trigger constitutional protections because the Constitution is designed to curb government excesses.

TRUE

High-level employees with substantial executive authority can be subjected to compulsory retirement at age 65 or beyond.

TRUE

If a church, mosque, temple, synagogue, or other place of worship has nonsectarian activities such as a day care center, bookstore, or athletic club, it may enjoy the same broad type of freedom to discriminate on the basis of religion since these activities may have religion or propagation of the religion as an integral part of their purpose.

TRUE

If a motion to dismiss is granted, the decision favors the defendant in that the court dismisses the legal case.

TRUE

If an employee establishes a prima facie case, the burden shifts to the employer to show that it offered a reasonable accommodation to the employee or that it could not reasonably accommodate the employee without incurring undue hardship.

TRUE

If an employee or applicant is pursuing or has successfully completed a rehabilitation program and demonstrates that she or he has a disability based on prior use, she or he is covered by the Americans with Disabilities Act (ADA) and therefore entitled to reasonable accommodation.

TRUE

If harassment is based on an employee's sexual orientation, it is not covered under Title VII.

TRUE

If sexual activity started out being consensual and one employee calls a halt to it and the sexual activity continues, it can become sexual harassment at the time the activity is no longer consensual.

TRUE

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of citizenship when:

CITIZENSHIP DISCRIMINATION HAS THE PURPOSE OF EFFECT OF NATIONAL ORIGIN DISCRIMINATION

Bob, a cashier at Eager Beaver Discount located in Wyoming, is paid the minimum wage set by the state. The state minimum wage rate is less than the federal minimum wage rate. Which of the following holds true in this case?

EAGER BEAVER HAS VIOLATED THE FAIR LABOR STANDARDS ACT (FLSA) BECAUSE THE FEDERAL MINIMUM WAGE SUPERSEDES THE STATE WAGE RATE

Closed shops were permitted under U.S. labor law.

FALSE

In Texas, an injury is covered by workers' compensation if the employer is able to prove that his injury arose out of or in the course of his employment, even if the employer is a non-subscriber.

FALSE

In Texas, salaried employees must be paid at least twice a month.

FALSE

The Age Discrimination in Employment Act (ADEA) waivers must be written in a manner calculated to be understood by an average employee.

TRUE

The Civil Rights Act of 1964 prohibits discrimination in education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, national origin, and religion.

TRUE

The Civil Rights Act of 1991 added a section to the Civil Rights Act of 1866 to cover actions by the employer after the contract has been formed, including discrimination during employment or termination.

TRUE

The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to provide employees the option of continuing health insurance when qualifying events (such as divorce or termination) occur which would terminate coverage.

TRUE

The Employee Retirement Income Security Act (ERISA) does not require employers to establish employee benefit plans, but it does require that employers meet certain requirements when they do establish benefit plans.

TRUE

The Employment Non-Discrimination Act (ENDA), if passed, will extend Title VII's reach to include discrimination on the basis of sexual orientation and gender identity. (Source: SG)

TRUE

The Equal Employment Opportunity Commission (EEOC) takes the position that English-only rules applied at all times or only applied to certain foreign speakers are presumptively discriminatory.

TRUE

The Fair Labor Standards Act (FLSA) applies to both union and non-union work places.

TRUE

The Secretary of Labor, in enacting safety and health standards under the Occupational Safety and Health Act (OSHA), does not have to determine that the costs of the standard bear a reasonable relationship to the benefits.

TRUE

The duty to accommodate applies only to religious practices, not religious beliefs.

TRUE

The workers' compensation advantage for Texas employers, when they agree (or subscribe) to be bound by a no-fault system, is that the injured workers are limited in their financial recovery to what they can obtain under workers' compensation laws.

TRUE

There exists some basis for liability on the part of the employer.

TRUE

Mary dated Bob, her supervisor, for three months. When she told Bob that she did not want to see him anymore, he became obsessed with her. He started e-mailing her at work, dropping by her house, and stalking her after work. Bob gave Mary a poor review, and eventually she was fired. Mary cannot file a claim with the Equal Employment Opportunity Commission (EEOC) for sexual harassment because she had been in a consensual relationship with Bob.

FALSE

Mixed-motives age discrimination claims exist under the ADEA for disparate treatment claims.

FALSE

National origin discrimination means treating someone less favorably at work because of marriage or other association with someone of a particular race.

FALSE

Normal circumstances of pregnancy are usually considered disabilities under the Americans with Disabilities Act (ADA).

FALSE

Regressive discipline involves a set of steps taken before an employee will be terminated for poor performance.

FALSE

Segregated public schools were finally outlawed by the U.S. Supreme Court in Marbury v. Madison in 1954. (Source: SG)

FALSE

Sexual orientation is a protected category under Texas employment discrimination law.

FALSE

Since women are the people who can conceive and maintain a pregnancy, employers can apply fetal protection policies to women and not men without violating Title VII of the Civil Rights Act of 1964.

FALSE

Slander refers to defamation in a written document, while libel consists of defamation in an oral statement.

FALSE

The Americans with Disabilities Act (ADA) provides that an employer may not make an employment decision based on the individual's HIV status unless customers object.

FALSE

The Family and Medical Leave Act (FMLA) provides for up to 26 weeks of leave per year for covered conditions.

FALSE

The Taft-Hartley Act was enacted as an amendment to the National Labor Relations Act (NLRA) to curb excesses by employers.

FALSE

The security in defined contribution plans comes from knowing exactly how much will be paid in the end.

FALSE

The statute of limitations for the post-Civil War statutes is shorter than under Title VII of the Civil Rights Act of 1964.

FALSE

The union supervisor may collect dues and recruit new workers, and, if a union member feels the collective bargaining agreement has been violated in some way or an unfair labor practice has been committed, the union supervisor is usually the first to contact the employer and discuss the issue.

FALSE

There are two theories on which an action for sexual harassment may be brought: quid pro quo sexual harassment and offensive touching sexual harassment.

FALSE

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation.

FALSE

Word-of-mouth recruiting usually results in a diverse workplace.

FALSE

In the context of the National Labor Relations Act, which of the following statements is true of a shop steward?

HE OR SHE IS PERMITTED TO RECRUIT NEW WORKERS

_____ is defined as the burden imposed on an employer, by accommodating an employee's religious conflict that would be too onerous for the employer to bear.

UNDUE HARDSHIP

Under de novo review:

AN EMPLOYMENT DISCRIMINATION CASE IS HANDLED BY A COURT AS IF IT WERE NEW

A defined contribution plan is a retirement plan where:

THE BENEFITS PAYABLE TO A PARTICIPANT ARE BASED ON THE PRINCIPAL AND INCOME CONTRIBUTED

Carrie is a lesbian who worked as a teacher and a part-time administrative coordinator at a public school for 14 years. Loren, a student, discovered that Carrie was a lesbian and informed her mother. Loren's mother raised the issue with the school's principal, after which Carrie was asked to stop teaching, though she was allowed to continue as an administrative coordinator in the same school. In this scenario, Carrie:

CAN FILE A SUIT BASED ON THE EQUAL PROTECTION CLAUSE OF THE U.S. CONSTITUTION BECAUSE SHE IS A LOCAL GOVERNMENT EMPLOYEE

Bob was employed by Farmersville City Bank. He left the company voluntarily after he ended a personal relationship with Mary, the branch manager, who was his boss. When a prospective employer contacted the bank for a reference, Mary told him that Bob had been fired for misconduct. Bob did not get the job. In this case, Bob has a cause of action for _____.

DEFAMATION

Mary, who has been diagnosed with multiple cysts in her kidney, has to undergo surgery. Two months after the diagnosis, she begins employment with Eager Beaver Inc., which has a three-month waiting period before new employees can enroll in its medical insurance plan. If Mary enrolls in the insurance plan on the earliest date, she will be:

ELIGIBLE BECAUSE EMPLOYERS ARE PROHIBITED FROM EXCLUDING EMPLOYEES FROM INSURANCE COVERAGE DUE TO PREEXISTING MEDICAL CONDITIONS

Which of the following is not an element for the tort of negligent hiring?

EMPLOYEE LIED TO THE PROSPECTIVE EMPLOYER ABOUT HIS OR HER FITNESS FOR THE POSITION

In the context of the Fair Labor Standards Act of 1938 (FLSA), individual coverage refers to the protections offered to:

EMPLOYEES IF THEIR WORK REGULARLY INVOLVES THEM IN COMMERCE BETWEEN STATES

Which of the following causes an employer to be subject to a claim of negligent hiring?

FAILURE TO CONDUCT A REASONABLE AND RESPONSIBLE BACKGROUND CHECK ON AN EMPLOYEE

A 401(k) plan is a health care plan that provides insurance up to at least $1,000,000 (lifetime limit) for an employee and his or her family.

FALSE

A dress code that prohibits men from wearing makeup in the workplace violates Title VII of the Civil Rights Act of 1964.

FALSE

A person can file a sex discrimination lawsuit in a court against his or her employer without going through the Equal Employment Opportunity Commission's administrative process.

FALSE

A person who is substantially limited in performing the unique aspects of a single, specific job will be deemed substantially limited in the major life activity of working.

FALSE

A shop steward manages workers on behalf of an employer.

FALSE

A sitdown strike occurs when the employees take control of the factory to prevent it from hiring replacement workers; it is a legally protected activity.

FALSE

An accommodation under the Americans with Disabilities Act (ADA) is reasonable only if it does not cause a de minimis burden on the employer.

FALSE

An email inquiry about a job qualifies the sender as an applicant, as does posting a resume on a third-party job board.

FALSE

An employee disputing the performance appraisal also may prove a case using the disparate treatment analysis first articulated in Lockheed v. Brown.

FALSE

An employer could be liable for discrimination based on sexual orientation under Title VII of the Civil Rights Act of 1964 if he or she refused to hire gay individuals.

FALSE

An employer is legally permitted to help a particular candidate get elected to a union office.

FALSE

An employer is liable for discriminatory hiring where an employee causes harm that could have been prevented if the employer had conducted a reasonable and responsible background check on the employee.

FALSE

Employees can sue under the state or federal Constitution for a denial of equal protection if they work for the government or for a private employer.

FALSE

Employees must have worked for their employer for at least one year and for at least 2,000 hours during the 12 months preceding the time off for a leave under the Family and Medical Leave Act (FMLA).

FALSE

Employers must pay employees a minimum hourly wage of at least $10.00.

FALSE

If a victim of harassment is a lesbian and the harassment is in the form of something such as constantly calling her a lesbian, "dyke," or other terms related to her orientation, or persistently making sexual comments based strictly on her status as a lesbian, then the victim would have a cause of action under Title VII.

FALSE

If an employee signs a defective waiver of Age Discrimination in Employment Act (ADEA) claims, the employee is required to give back any benefits received under the defective waiver before he or she can sue under ADEA.

FALSE

If an employee who believes that his or her employer has engaged in age discrimination files a complaint with the federal Equal Employment Opportunity Commission (EEOC), he or she cannot file a lawsuit in state court under state age discrimination laws as these legal options are mutually exclusive.

FALSE

If any of an employer's units are covered by the Family and Medical Leave Act (FMLA), all units are covered.

FALSE

If the Equal Employment Opportunity Commission (EEOC) concludes that a workplace discrimination claim does not violate Title VII of the Civil Rights Act of 1964, the employee has no right to pursue the matter further in any court.

FALSE

Once sufficient interest has been indicated by the employees (usually by signing union authorization cards), the National Labor Relations Board (NLRB) issues an order that the union will represent the employees in collective bargaining.

FALSE

Only a few states laws provide employees with an exclusive remedy to be compensated for work-related injuries or occupational disease; in those few states, that exclusive remedy is a workers' compensation system.

FALSE

Only federal sector employees have protection from retaliation under the Age Discrimination in Employment Act (ADEA).

FALSE

Persons in two specific occupations, police officers and schoolteachers, can be subject to mandatory retirement.

FALSE

Positive HIV status is not a disability under the Americans with Disabilities Act (ADA) until it becomes full-blown AIDS.

FALSE

Quid pro quo sexual harassment occurs when the harassment is unwanted by the victim, is based on the victim's gender, creates for the victim a hostile or abusive work environment, unreasonably interferes with the victim's ability to do his or her job, is sufficiently severe and/or pervasive, and affects a term or condition of the victim's employment.

FALSE

To prove that the offered reason is pretext for an actual case of age discrimination, an employee must show that age was the only factor motivating the employment decision.

FALSE

To qualify as defamation, the statement must be published ---that is, put into written form and disseminated to an audience. (Source: SG)

FALSE

To state a prima facie case for the tort of public disclosure of private facts, a plaintiff employee must show that there was intentional or negligent public disclosure of private matters, such disclosure would be objectionable to a reasonable person of ordinary sensitivities, and the defendant intended to benefit financially from the disclosure.

FALSE

U.S. citizens employed outside the United States by foreign employers are protected against workplace discrimination by Title VII of the Civil Rights Act of 1964.

FALSE

When an employee alleges sexual harassment based on a hostile work environment, the:

HARASSMENT SHOULD BE SUFFICIENTLY SEVERE OR PERVASIVE TO CREATE AN ABUSIVE WORKING ENVIRONMENT

Mary, a light-complexioned African-American, is the manager of the cosmetics department at a large retail store. She does not promote Susan, a brown-complexioned African-American who is eligible for the promotion, because Mary believes that customers prefer lighter-skinned cosmetic consultants. Thus, Susan:

HAS A DISCRIMINATION CLAIM UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 BECAUSE COLOR DISCRIMINATION CAN OCCUR BETWEEN MEMBERS OF THE SAME RACE

Under the Employee Retirement Income Security Act (ERISA), employer fiduciaries:

HAVE THE DUTY NOT TO MISLEAD PARTICIPANTS REGARDING THEIR BENEFITS IN PENSION AND WELFARE PLANS

To establish a prima facie claim of disparate treatment, the employee must show all of the following except that:

HE OR SHE WAS SUBJECT TO NEGATIVE OR DEGRADING COMMENTS ABOUT HIS OR HER PROTECTED CLASS ON AT LEAST ONE OCCASION

Mary is an employee at Heath Chemical Corporation, which allows its employees to use its conference room for club meetings, such as a knitting club or book club. Mary requests to use the conference room for prayer meetings on Wednesday mornings before her shift starts. Her request is turned down. Which of the following is most likely to be true in this case?

HEALTH CHEMICAL CORPORATION HAS INCREASED ITS RISK FOR A CLAIM FOR RELIGIOUS HARASSMENT BECAUSE MARY IS NOT GIVEN COMPARABLE OPPORTUNITIES TO USE HEALTH CHEMICAL CORPORATION'S TIME AND RESOURCES FOR RELIGIOUS PRACTICES AS OTHERS ARE GIVEN FOR SECULAR REASONS

Mary is a kindergarten assistant at Lovejoy Elementary School. Since Mary suffers from obesity, she is not able to use the chairs provided for teachers in the kindergarten rooms. Mary requests a different chair, but her employer refuses. Mary is protected under the Americans with Disabilities Act (ADA) only if:

HER OBESITY IS DUE TO A PHYSIOLOGICAL CONDITION

Lucy was severely burned in a house fire when she was a child. She has extensive disfiguring burn scars on her face and neck. She applied for the position of a cashier at Honeybee Groceries and was not hired, despite her qualifications, because the employer feared that customers would be repulsed by Lucy's scars. Which of the following would be the most likely outcome if Lucy files a discrimination claim under the Americans with Disabilities Act?

HONEYBEE GROCERIES WILL BE LIABLE UNDER THE AMERICANS WITH DISABILITIES ACT (ADA) BECAUSE OF ITS PERCEPTION THAT LUCY WAS DISABLED EVEN THOUGH SHE WAS PERFECTLY CAPABLE OF PERFORMING THE JOB

Bob, aged 63, was a manager at the Grizzly Furniture Corp. His supervisor, Mary, frequently made derogatory age-related comments about Bob to other workers. Mary encouraged Bob's co-workers to be uncooperative toward him and not talk to him as she believed that older people gossip a lot and reduce productivity. Bob filed a complaint under the Age Discrimination in Employment Act against Mary. In this case, Bob can make a prima facie case for _____.

HOSTILE ENVIRONMENT

An employer's social media policy should:

INCLUDE A REMINDER FOR EMPLOYEES TO RESPECT COPYRIGHT LAW

The National Labor Relations Act (NLRA) protects employees in their right to engage in concerted activities, which:

INCLUDES ATTEMPTS BY ONE EMPLOYEE TO SOLICIT UNION SUPPORT FROM ANOTHER EMPLOYEE

Bob works as a desk clerk for the Lovejoy Suite Hotel, which requires its employees to be on time for work, take bathroom breaks on a specific schedule, and observe certain dress codes, including that male employees be clean shaven. Bob is consistently late to work and his excuses have not been valid. He also takes breaks without following the schedule. When Bob shows up for work with a beard and is told by his manager that he is in violation of the grooming policy, Bob says that he has a new religious belief, which requires that he grow a beard. The manager tells him that he is tired of Bob not following the rules. Which of the following is the best management practice to be followed by Lovejoy Suite in this case?

LOVEJOY SUITE SHOULD MAKE SURE THAT BOB'S BELIEF IS SINCERELY HELD BUT UNDER NO CIRCUMSTANCE SHOULD IT CHALLENGE THE BELIEF

The safety standards enforced by the Occupational Safety and Health Administration are researched and formulated by the:

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

Which of the following categories of workers is covered by the National Labor Relations Act?

NON-SUPERVISORY OR NON-MANAGERIAL EMPLOYEES, INCLUDING PART-TIME WORKERS

Mary is employed as a secretary for a federal government agency. Her supervisor insinuates that there are copies of her emails with negative references in her personnel file. Mary demands to see her personnel file, but her supervisor refuses to grant her access to her files. In this case, her supervisor violates the _____.

PRIVACY ACT

The National Labor Relations Board (NLRB) is the independent federal agency that enforces labor laws for _____.

PRIVATE SECTOR EMPLOYEES

Same-gender sexual harassment is:

PROHIBITED UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

Bob left an employee's private medical files on his desk. These files fell on the floor, and the entire office learned that the employee had AIDS. The employee did not want anyone to know about his medical condition. In this case, which of the following torts has Bob committed?

PUBLIC DISCLOSURE OF PRIVATE FACTS

Which of the following categories under Title VII (of the Civil Rights Act of 1964) requires reasonable accommodation?

RELIGION

A management security clause gives an employer the right to:

RUN THE BUSINES AND MAKE APPROPRIATE BUSINESS DECISIONS AS LONG AS MANAGEMENT COMPLIES WITH APPLICABLE LAWS AND AGREEMENTS

Fliers are handed out at a local shopping mall denigrating an employer. The employer had its security force search all of its employees' lockers to see whether they had any of the fliers. Bob, one of the employees, is infuriated by his employer's action. In this case, Bob can file an action against his employer under the Fourth Amendment if his employer is a:

STATE OR LOCAL GOVERNMENT

A fiduciary of an Employee Retirement Income Security Act (ERISA) plan has the duty not to mislead participants regarding their benefits in pension and welfare plans.

TRUE

A plaintiff can state a successful age discrimination claim as long as she or he is replaced by someone younger, even if the replacement is 40 years old or older.

TRUE

A plaintiff may prove a claim of discrimination through direct or circumstantial evidence.

TRUE

A search of an employee's office by a supervisor will be justified at its inception when there are reasonable grounds for suspecting that the search will turn up evidence that the employee is guilty of work-related misconduct.

TRUE

A shop steward is the intermediary between the union and an employer.

TRUE

A small number of high-level employees with substantial executive authority can be subjected to compulsory retirement at age 65 or beyond if the individual will receive a company pension of $44,000 or more.

TRUE

According to U.S. labor law, all union members have the right to attend union meetings and to vote on union business.

TRUE

Among other things, the Older Workers' Benefit Protection Act (OWBPA) concerns the legality and enforceability of early retirement incentive programs (called "exit incentive programs" in the Act) and of waivers of rights under the Age Discrimination in Employment Act (ADEA).

TRUE

An employer can use the Ellerth/Faragher defense in a case where the employer had a reasonable sexual harassment policy, and the victim of harassment unreasonably failed to use it.

TRUE

An employer may choose to review email in connection with a reasonable investigation of possible employee misconduct.

TRUE

An example of racial ancestry is being Asian.

TRUE

Credit reports frequently contain errors and inconsistencies. (Source: SG)

TRUE

During a sexual harassment investigation, employees should be involved only on a "need to know" basis. (Source: SG)

TRUE

Employers are under no obligation to accommodate a disability of an employee until they have been notified of the need.

TRUE

Generally, professionals are exempt from the Fair Labor Standards Act (FLSA) overtime regulations.

TRUE

If there is a 706 agency in an employee's jurisdiction, the employee has 300 days rather than 180 days within which to file.

TRUE

Intersexed people are those born with both sex organs; they were formerly called hermaphrodites.

TRUE

It is an unfair labor practice for an employer to demand that an employee execute a yellow dog contractual provision.

TRUE

Jim Crow laws legalized and codified racial discrimination. (Source: SG)

TRUE

One kind of intermittent leave approved by the Family and Medical Leave Act (FMLA) is a reduced leave schedule, where the employee's normal daily or weekly work hours are reduced.

TRUE

One of the greatest Family and Medical Leave Act (FMLA) compliance risks for employers involves disciplining employees with absenteeism issues.

TRUE

Permissive subjects of bargaining include non-mandatory subjects that can be negotiated between labor and management.

TRUE

Poor job performance is a legitimate, nondiscriminatory reason for dismissal.

TRUE

States may have child labor laws even stricter than the federal law, and, if so, the stricter rules apply.

TRUE

The Family and Medical Leave Act (FMLA) extends the right to care for a child to an employee who is acting as a parent but is not necessarily the biological parent of the child.

TRUE

The Hazen Paper Co. v. Biggins case is an important one in the area of reductions in force since the Supreme Court held that there is no disparate treatment under the Age Discrimination in Employment Act when the factor motivating an employer is some feature "other than an employee's age."

TRUE

Under U.S. labor law, it is an unfair labor practice to engage in secondary boycotts.

TRUE

Where fetal protection policies apply only to women and not men, when both are shown to be adversely affected by the conditions calling for the policy, such laws will considered to be a violation of Title VII of the Civil Rights Act of 1964.

TRUE

Mary, an employee of Prosper Paper Corp. for five years, works on an assembly line, where a majority of the positions are occupied by bachelors. Mary undergoes a profound religious conversion, and her newfound religion requires her not to work in close proximity to unmarried males. Must her employer attempt to accommodate this new religious practice?

YES, BECAUSE THE DUTY TO ACCOMMODATE MARY'S RELIGIOUS BELIEFS ATTACHES TO THE CONFLICT ITSELF, NOT TO WHEN THE CONFLICT ARISES

The defense of bona fide occupational qualification (BFOQ) is available only for disparate treatment cases involving gender, religion, national origin, race, and color.

FALSE

Employers must retain applications and related records for at least _______ year(s) after a hiring decision is made. (Source: SG)

1

In a state with right-to-work laws, _____.

THE UNION MUST STILL REPRESENT THE EMPLOYEES DESPITE THEIR NON-PARTICIPATION IN THE UNION AS A PART OF THE BARGAINING UNIT

Adjoa, a Ghanaian citizen with a master's degree in library science from the University of Ghana, applies for the post of a reference librarian at North Texas State University. She is a permanent resident of the United States with authorization to work there and has eight years of experience as a chief librarian at a reputed university in South Africa. Mary, an American citizen with a college degree in English and two years of experience as a library assistant, also applies for the same job. Although Adjoa seems more qualified for the job, the selecting officer hires Mary based on a belief that Mary will be a more stable employee because she is an American citizen. Which of the following holds true in this case?

ADJOA HAS A BASIS FOR A COMPLAINT ONLY UNDER THE IMMIGRATION REFORM AND CONTROL ACT (IRCA) BECAUSE SHE WAS DENIED THE JOB BASED ON HER CITIZENSHIP

Under the Age Discrimination in Employment Act (ADEA), which of the following is not one of the elements that an employee must establish to persuade the court that she or he has a claim for age discrimination based on disparate treatment?

AGE WAS THE ONLY FACTOR CONSIDERED IN THE ADVERSE EMPLOYMENT DECISION

Mary has been a customer service associate at Allen Department Store for 10 years. Her role involves providing assistance to customers in the store. Though she had been a Methodist at the time of her hire, she converts to Islam and reports to work wearing a hijab, which is a full-body cloak with a small mesh-like screen to see through. Her employer tells her that wearing a hijab violates the company's dress code for her job profile and asks her to change her attire. Mary refuses to oblige. Her employer, after much deliberation, informs her that she can continue to work in the customer service department and provide assistance over the telephone—a role that requires no face-to-face interaction with a customer. This role change is offered to her without any reduction in pay or other benefits. Which of the following is most likely to be true in this case?

ALLEN DEPARTMENT STORE IS NOT LIABLE UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 BECAUSE MARY WAS OFFERED A REASONABLE ACCOMMODATION THAT ALLOWED HER TO RETAIN HER EMPLOYMENT

Under the common law, employers can be found liable for fraud in recruitment if they:

ALLOW AN APPLICANT TO BELIEVE SOMETHING ABOUT A JOB THAT THEY KNOW IS FALSE

To state a prima facie case for the tort of intrusion into seclusion, a plaintiff employee must show that, among other things, _____.

AN EMPLOYEE WAS ENTITLED TO PRIVACY IN THE AREA INTO WHICH AN EMPLOYER IS ALLEGED TO HAVE INTENTIONALLY INTRUDED

Under the Americans with Disabilities Act (ADA), _____.

AN EMPLOYEE WHO DOES NOT HAVE A DISABILITY BUT IS PERCEIVED TO BE DISABLED BY OTHERS IS PROTECTED AGAINST DISCRIMINATION BASED ON THAT MISPERCEPTION

Which type of workplace injury must an employer maintain records of to comply with the Occupational Safety and Health Act (OSHA)?

AN INJURY THAT CAUSES LOSS OF CONSCIOUSNESS

Bob seeks reasonable accommodation for a religious practice unique to the Heavenly Masters religion. Bob's employer has never heard of such a religion. In order to determine whether Bob's demand for accommodation is truly based on religion, his employer must determine whether Bob's:

BELIEF IS SINCERELY HELD, AND WHETHER IT OCCUPIES THE PLACE OF RELIGION IN HIS LIFE

Mary, an apprentice at Baby Bear Kitchens, is learning how to assemble and install kitchen cabinets. BBK pays her $5.50 per hour, which is less than the government-approved minimum wage. Which of the following is most likely to be true in this case?

BKK CAN PAY MARY LESS THAN THE MINIMUM WAGE ONLY IF IT OBTAINS A CERTIFICATE ISSUED BY THE DEPARTMENT OF LABOR'S WAGE AND HOUR ADMINISTRATOR

Bob was employed by the police department. His brother, Larry, was running for mayor. Bob conducted wiretapping to find out the political views of the people in the city to help Larry with his political campaign. When the police department learned about this, Bob was fired for unauthorized wiretapping. Which of the following statements is most likely to be true in this situation?

BOB HAS VIOLATED THE LAW AS IT IS ILLEGAL TO INTERCEPT MESSAGES RELATED TO POLITICAL VIEWS

Mary, a trained medical secretary at Celina Hospital, suffers from a condition that causes her to have periodic severe headaches that could last anywhere between a couple of hours to a few days. There is no cure for the condition, and her pain is managed with medication that makes her drowsy. Normally, without a headache, Mary is active and productive. Her request to work on a flextime basis is denied by the hospital because it would be impossible to prepare a schedule for her department without being sure whether she will be able to work or not. Which of the following holds true in this case?

CELINA HOSPITAL IS NOT LIABLE UNDER THE AMERICANS WITH DISABILITIES ACT (ADA) BECAUSE MARY'S ERRATIC, UNEXPLAINED ABSENCES ARE NOT REASONABLE EVEN IF THEY ARE DUE TO A DISABILITY

Bob, a maintenance worker at the Celina Swimming Club, is physically attracted to Mary, one of the swimming instructors. Though Mary has shown no interest in him, he has been stalking her, making lewd comments to her, and making sexual threats. Bob has been careful to keep his behavior very low profile. Mary does not bring this matter up with the club's management but instead decides to quit her job and file a claim of sexual harassment against the club. Which of the following holds true in this scenario?

CELINA SWIMMING CLUB CAN AVOID LIABILITY IF IT CAN BE SHOWN THAT THERE WAS NO WAY FOR IT TO BE MADE AWARE THAT THERE WAS AN ISSUE RESULTING IN THE CONSTRUCTIVE DISCHARGE

Bob was accused of misappropriation of company funds, a charge which he vehemently denied. The company fired him without having any proof. When he applied for other jobs, he had to explain to the prospective employers the reason he was fired. In this case, Bob can file an action against his former employer for _____.

COMPELLED SELF-PUBLICATION

Coyote Tools takes all reasonable precautions to guard employees against known hazards in its production facilities. However, Bob, an employee, found many of the precautions too cumbersome to follow. Bob is injured when he circumvents these precautions. Which of the following is most likely to be true in this case?

COYOTE TOOLS MAY NOT BE LIABLE IF THE HARM WAS THE RESULT OF RECKLESS BEHAVIOR ON BOB'S PART

The Steelworkers Local Union represents the employees at Crocodile Tile Corp. The union wishes to negotiate a collective bargaining agreement over wages, hours, and working conditions at Crocodile Tile, but Crocodile Tile refuses to even speak to officials of the union. Which of the following is most likely to be true in this case?

CROCODILE TILE IS GUILTY OF AN UNFAIR LABOR PRACTICE FOR REFUSING TO BARGAIN OVER MANDATORY SUBJECTS OF BARGAINING

Under the Americans with Disabilities Act of 1990, employers are strictly prohibited from asking job applicants with disabilities about:

THEIR COMPENSATION HISTORY

Mary, who works as a waitress at Plano Pancake House, is seven months pregnant. She is one of 37 employees at the restaurant and has worked there on a full-time basis for the past three years. Recently, her doctor informed her that she will have a high-risk pregnancy and, therefore, prescribed bed rest. Mary, unable to work for the next few months, asks her employer for time off from work. Mary is:

ENTITLED TO 12 WEEKS OF UNPAID JOB-PROTECTED LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT (FMLA)

To reduce the likelihood of violence in the workplace, employers should:

ESTABLISH A COMPLAINT PROCESS FOR EMPLOYEES TO BE ABLE TO WARN THE EMPLOYER OF POTENTIAL VIOLENCE

Mary works as a stock clerk at Iguana Department Store. She has been shortlisted to be promoted as a merchandise manager. During her promotion interview, she reveals to the interviewer that at some point in the next 10 months, she will need to undergo surgery to remove a tumor from her vertebrae and that even if the surgery is successful, her movement after the surgery could be severely limited. In her new job, however, Mary will have to frequently travel between the warehouse and the store and move around the store to ensure that the merchandise is displayed and placed properly. Which of the following holds true in this case?

EVEN THOUGH IT APPEARS THAT THE SURGERY MAY RESULT IN MARY BEING NOT OTHERWISE QUALIFIED FOR THE NEW JOB, IGUANA DEPARTMENT STORE MAY NOT DECLINE TO PROMOTE HER TO THE NEW JOB IF SHE IS QUALIFIED AT THE TIME OF THE INTERVIEW

Under the Employee Retirement Income Security Act (ERISA), a fiduciary is required to:

EXERCISE THE CARE AND JUDGMENT THAT A PRUDENT PERSON WOULD EXERCISE PURSUING SIMILAR OBJECTIVES UNDER THE SAME CIRCUMSTANCES

Wildcat strikes are illegal if they _____.

FORCE AN EMPLOYER TO DEAL WITH THE EMPLOYEES AND NOT THE UNION

Individuals in a bargaining unit who do not pay dues but whom the union is still obligated to represent are known as _____.

FREE RIDERS

Mary is a cashier at Furry Cougar, a large chain of department stores. During the holiday season, she regularly works 60 hours per week. Which of the following holds most true in this case?

FURRY COUGAR SATISFIES THE OVERTIME PROVISIONS OF THE FAIR LABOR STANDARDS ACT (FLSA) IF IT PAYS OVERTIME FOR THE HOURS WORKED OVER 40 HOURS PER WEEK

At the law firm of Juarez & Chu, it is the receptionist's job to coordinate a monthly birthday celebration, which includes ordering and picking up a cake, putting up birthday flyers, setting up the break room, and cleaning the break room after the party. Bob, the new receptionist, informs Ms. Chu that he cannot coordinate birthday celebrations because his religion does not believe in them. Which of the following is the most reasonable way to accommodate Bob's conflict without causing undue hardship?

JUAREZ & CHU CAN HAVE BOB SET UP AND CLEAN UP THE BREAK ROOM, SIMILAR TO WHAT WOULD BE DONE FOR ANY OTHER EVENT OR MEETING WITH FOOD, WHILE ASSIGNING OTHER WILLING EMPLOYEES TO ORDER AND PICK UP THE CAKE AND PUT UP BIRTHDAY FLYERS

Mary is 55 years old. She has been employed with Eager Beaver Corp. for 17 years. As part of a large reorganization, she was offered early retirement and asked to sign a waiver of her right to file a claim under the Age Discrimination in Employment Act (ADEA). Mary was given 21 days to review the waiver and sign it. Mary was out of work due to illness for 17 days. She signed the waiver when she reported for work after being reminded that she only had four days left to make a decision. Four days later, Mary changed her mind and decided to file a claim for age discrimination. Which of the following statements is most likely to be true in this case?

MARY CAN FILE THE CLAIM FOR AGE DISCRIMINATION BECAUSE THE WAIVER DID NOT COMPLY WITH THE REQUIRMEENT SPECIFYING THAT EACH EMPLOYEE BE GIVEN 45 DAYS TO REVIEW THE WAIVER

Bob, the manager of a consulting firm, invariably yells at all of his employees, calling them "stupid," "idiot," "useless," or similar terms. When he shouts at his female staff members, however, he usually adds an additional word such as "b****," "w****," or some other obscene reference specific to the gender. Mary, a subordinate who is fed up with Bob's behavior, decides to file a complaint with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this case?

MARY CAN PREVAIL ON A HOSTILE ENVIRONMENT SEXUAL HARASSMENT CLAIM BECAUSE BOB'S HOSTILITY HAS A COMPONENT SPECIFICALLY DIRECTED AT WOMEN

The employees of Poodle Manufacturing Corp. are represented by a union. All the mechanics who repair the company's equipment work day shifts, which means that if equipment breaks down in one of the other shifts, Poodle has to pay overtime or suffer lost production. Poodle proposes to the union that the mechanics be assigned rotating shifts to solve the problem, but the union refuses. Poodle then unilaterally changes the shift assignments in accordance with its proposal. The union, sensing malpractice, goes on strike, and Poodle replaces the striking mechanics. Later, the National Labor Relations Board finds that Poodle has indeed committed malpractice. If the striking mechanics make an unconditional offer to return to work, Poodle:

MUST REINSTATE THE MECHANICS BECAUSE THEY WERE UNFAIR LABOR PRACTICE STRIKERS

With regard to workplace accidents or injury, the failure to meet the appropriate standard of care for avoiding unreasonable risk of harm to others is known as _____.

NEGLIGENCE

Bob's Painting Service employs three temporary workers without conducting adequate background checks. It so happens that one of the workers, Joe, had been convicted of rape and had just been released from prison. While working for Bob, Joe attacks and rapes the owner of the house that was being painted. Which of the following claims can the victim make against Bob's Painting Service?

NEGLIGENT HIRING

As a result of the fact that Title VII of the Civil Rights Act of 1964 had been amended in 1991 to include "motivating factor" language but that the Age Discrimination in Employment Act (ADEA) had not, the U.S. Supreme Court said that:

NO BURDEN SHIFTING OCCURS IN ADEA CASES

Mary filed a lawsuit against her employer for racial harassment from a co-worker. The evidence at trial indicated that her employer responded immediately to Mary's allegations of racial discrimination by investigating the matter, reprimanding the harasser, and conducting department-wide meetings to discuss the company's policy on race discrimination. In this scenario:

THE EMPLOYER HAS NO LIABILITY BECAUSE THE EMPLOYER ACTED REASONABLY WHEN NOTIFIED OF THE RACIAL HARASSMENT

Bob, a prolific shoe buyer, refuses to be assisted by male store clerks. The owner of Slipper Town, therefore, informs his staff that only female employees should attend to Bob because he does not want to anger a patron of his store. One of the male clerks, Larry, believes that this is illegal gender discrimination. Also, since part of his incentive pay is based on meeting the monthly sales target, he feels that this policy illegally denies him the opportunity to earn incentives because of his gender. Is Larry correct?

YES, BECAUSE CUSTOMER PREFERENCE IS NOT A LEGITIMATE AND PROTECTED REASON TO TREAT OTHERWISE-QUALIFIED EMPLOYEES DIFFERENTLY BASED ON GENDER

Bob is being subjected to severe, pervasive, and unwelcome sexually harassing behavior from his supervisor, Greg. Can Bob bring a successful suit against Greg for sexual harassment under Title VII of the Civil Rights Act of 1964?

YES, HE CAN BECAUSE TITLE VII PROHIBITS SAME-GENDER SEXUAL HARASSMENT

Mary, a U.S. citizen of Asian origin, is a social worker in a particular state government agency in Plano. She was denied a promotion although she has good scores on the promotion examination. A white colleague who scored lower in the exam is instead promoted. The agency's Human Resources Department refuses to hear Mary's appeal. Mary is convinced that she was not promoted because she is Asian. Mary can bring a discrimination claim under:

42 U.S.C. SECTION 1983

Bob has been working as a sales executive with Bonobo Cosmetics Inc. for more than a year. His work has been appreciated by his seniors and he regularly meets his sales targets. However, he has not received any incentive or commission that was promised to him by his employer during his pre-employment interview. If Bob decides to file a case against Bonobo Cosmetics, he has:

A CAUSE OF ACTION FOR BREACH OF IMPLIED CONTRACT

Carl has been working as a sales executive with All Fame Cosmetics Inc. for more than a year. His work has been appreciated by his seniors and he regularly meets his sales targets. However, he has not received any incentive or commission that was promised to him by his employer during his preemployment interview. If Carl decides to file a case against All Fame Cosmetics, he has:

A CAUSE OF ACTION FOR BREACH OF IMPLIED CONTRACT

In O'Connor v. Consolidated Coin Caterers, the U.S. Supreme Court held that:

A PLAINTIFF CAN STATE A CLAIM AS LONG AS HE OR SHE IS REPLACED BY SOMEONE YOUNGER, EVEN IF THE REPLACEMENT IS 40 YEARS OLD OR OLDER

Which of the following best describes a defined benefit pension plan?

A PLAN WHERE THE AMOUNT PAYABLE TO A PARTICIPANT IS DETERMINED BY A FORMULA, THE FUNDING OF WHICH IS DETERMINED ACTUARIALLY

In the context of employment discrimination, which of the following is true of the various recruitment practices?

A PROCESS THAT COULD AVOID A FINDING OF DISPARATE IMPACT WOULD BE TO POST A NOTICE OF JOB POSITION AVAILABILITY WITHIN AN ORGANIZATION

Under the Americans with Disabilities Act (ADA), employers are permitted to:

ACCOMMODATE DISABLED EMPLOYEES BY ELIMINATING AN ESSENTIAL FUNCTION OF A JOB OR LOWERING A PRODUCTION STANDARD THAT APPLIES TO ALL EMPLOYEES IF THEY WANT TO

Bob, the Human Resources Manager at Eager Beaver Auto Services, is informed that Arthur, one of the contract-based mechanics, is HIV-positive. Upon asking, Arthur admits to it. Consequently, Arthur is terminated from his employment even though his condition did not affect the quality of his work. Which of the following holds true in this scenario?

ARTHUR'S TERMINATION IS A VIOLATION OF THE AMERICANS WITH DISABILITIES ACT BECAUSE HIS HIV STATUS DID NOT AFFECT HIS PERFORMANCE ON THE JOB

The duty to reasonably accommodate an employee's legitimate religious practices requires an employer to:

AVOID CONFLICT BETWEEN WORKPLACE POLICIES AND AN EMPLOYEE'S RELIGIOUS PRACTICES OR BELIEFS

Ross, a homosexual male, refuses to award Bob, a heterosexual, a well-deserved promotion at work unless Bob agrees to get physically intimate with him. Bob refuses and is not promoted. Bob brings a claim of sexual harassment against Ross on the grounds that Ross conditioned the promotion of the men in his department on the granting of sexual favors but did not similarly condition the promotion of the women in his department. Which of the following will hold true in this scenario?

BOB CAN PROCEED WITH A CLAIM UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 BASED ON THE SAME-GENDER SEXUAL HARASSMENT BUT NOT WITH A CLAIM BASED ON SEXUAL ORIENTATION

Bob, who is 22 years old, is employed as a security officer at Owl Security Corp., which is a private firm. The manager of Owl Security intends to retain employees who are older as he feels that they are likely to perform better. He fires Bob and replaces him with Larry, who is 54 years old. Which of the following statements is most likely to be true in this case?

BOB CANNOT FILE AN AGE DISCRIMINATION SUIT AGAINST OWL SECURITY AS REVERSE DISCRIMINATION IS NOT COVERED UNDER THE ADEA

Employees at McKinney Plumbing Supplies Inc. asked the management to hold an election to determine which radio station would be played on the warehouse public address (PA) system while they are at work. The winning station was a Christian music show. After a few weeks of having exclusively Christian music played over the loudspeakers at work, some employees complained to the management that it was religious discrimination. The management stopped playing music on the PA system and allowed employees to wear headsets or have small radios at their workplace. Bob, a devout Christian, was extremely disappointed by this change and brought a complaint under Title VII of the Civil Rights Act of 1964. Which of the following is most likely to be true in this case?

BOB CANNOT SHOW DISPARATE TREATMENT BECAUSE PROHIBITING A CERTAIN TYPE OF MUSIC AT WORK, EVEN THAT WHICH HAS BEEN APPROVED BY A MAJORITY EMPLOYEE VOTE, IS NOT AN ADVERSE EMPLOYMENT ACTION

Bob was employed by a church as a cook in its day care center. When Bob was hired, he promised the pastor that he would regularly attend Sunday Mass held in the church. After three months, his employment was terminated as he failed to keep his promise. Bob intends to file a case of religious discrimination as he believes that he has the right to change his religious views. Which of the following statements is most likely to be true in this case?

BOB DOES NOT HAVE A CLAIM FOR RELIGIOUS DISCRIMINATION BECAUSE THE CHURCH IS EXEMPT FROM PROHIBITIONS AGAINST RELIGIOUS DISCRIMINATION UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

Bob, an employee at Iguana Timepieces, is accused of stealing several premium wristwatches by the store manager, Jamal. Bob denies the allegation, claiming that he did not have key to the case where the watches were kept. Jamal asks Bob to take a polygraph test, which Tyler refuses. Jamal fires Bob because he refused to take the polygraph test. Which of the following holds true in this scenario?

BOB HAS A CAUSE OF ACTION AGAINST IGUANA TIMEPIECES FOR WRONGFUL DISCHARGE BECAUSE HIS REFUSAL TO TAKE THE POLYGRAPH TEST CANNOT BE USED AS THE BASIS FOR TERMINATION OF HIS EMPLOYMENT

Bob works for the Department of Health and Human Services in the accounting department. Larry, the head of the department, storms into Bob's office demanding to search the files and all records of payments made by the department to Weasel Construction Corp. Bob attempts to leave the office during the search, but Larry blocks the way and asks him to stay until the review of all the files is complete. Which of the following statements is most likely to be true in this scenario?

BOB HAS A CLAIM FOR FALSE IMPRISONMENT

Mary joins the Freewill Church, and as a member, she is not allowed to wear pants. Her employer, Bob's Seafood, requires all employees to wear coveralls provided by the company for safety reasons. Although Mary wore the uniform prior to joining the church, she now refuses to wear the coverall. She explains to Bob, the owner of the restaurant, that wearing pants is against her beliefs. Bob makes an exception in her case and allows her to wear knee-length boots with a protective jacket, but Mary refuses to wear the boots because they are unfashionable. Bob fires her for insubordination. Which of the following holds true in this case?

BOB IS NOT LIABLE FOR RELIGIOUS DISCRIMINATION BECAUSE HE MADE AN EFFORT TO REASONABLY ACCOMMODATE MARY'S RELIGIOUS PRACTICE

Bob applies for a position as a fundraiser in the Alumni Relations Department of Collin College. During the interview, he mentions to Mary, the director of the Alumni Relations Department, that his wife has just been diagnosed with leukemia. In spite of Bob having eight years of fundraising experience, he is denied the job. Which of the following holds true in this case?

BOB MAY WELL HAVE AN ASSOCIATIONAL DISCRIMINATION CLAIM UNDER THE AMERICANS WITH DISABILTIES ACT (ADA) IF HE CAN PROVE THAT THE EMPLOYER ASSUMED HIS PERFORMANCE WOULD BE IMPAIRED BECAUSE OF HIS ASSOCIATION WITH A DISABLED PERSON

Bob works as a machine operator at Dancing Tiger Industries, which is a workers compensation subscriber. One day, while getting a machine started, Bob slips and falls from a ladder and breaks his elbow. Which of the following holds true in this case?

BOB WILL BE COVERED UNDER WORKERS' COMPENSATION IF HE IS ABLE TO PROVE THAT HIS INJURY AROSE OUT OF OR IN THE COURSE OF HIS EMPLOYMENT

Bob is a police officer with the Allen Police Department (APD). APD asks Bob to retire when he turns 65. It also informs Bob that he is eligible for an annual pension of $40,000. Bob feels that he is a good police officer and that he has been unfairly discriminated against because of his age. He files a complaint under the Age Discrimination in Employment Act (ADEA) against the APD. Which of the following statements is true in this case?

BOB WILL MOST LIKELY LOSE THE CASE AS IT IS FOR LEGAL OFFICERS TO BE SUBJECTED TO MANDATORY RETIREMENT

Ryan, a homosexual male, was recently appointed as a department head at Yellow Dog Electronics. Shortly thereafter, he demotes all of the men in his department to a position one grade lower than their previous positions. Bob, one of the demoted males, brings a claim of gender discrimination against Ryan on the grounds that Ryan demoted only men and not women. Which of the following holds true in this scenario?

BOB'S CLAIM IS VALID UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 BECAUSE IT IS NOT RELATED TO DISCRIMINATION OR HARASSMENT BASED ON SEXUAL ORIENTATION

Bob, a 22-year-old delivery truck driver for Giraffe Delivery Company, has been excluded from Giraffe Delivery's pension plan in spite of having worked continuously for the company for the past six months. Which of the following holds true in this case?

BOB'S EXCLUSION IS LEGAL BECAUSE EMPLOYERS MAY REQUIRE ONE YEAR OF EMPLOYMENT TO BE ELIGIBLE FOR PARTICIPATION IN A PENSION PLAN

Bob's Pizza requires all of its employees to take an extra 10-minute prayer break per shift in a special room that contains a crucifix. Mary, a Bib's employee, is an atheist and does not pray. She complains to the management because she thinks these breaks are a waste of his time, and she prefers to stay at her station. After she complains, she is fired. Which of the following is most likely to be true in this case?

BOB'S PIZZA IS LIABLE FOR RELIGIOUS DISCRIMINATION UNDER TITLE VII OF THE CIVIL RIGHTS ACT F 1964 IF IT FAILS TO ACCOMMODATE MARY'S CONFLICT BECAUSE ATHEISM IS CONSIDERED A RELIGION FOR TITLE VII PURPOSES

Goat Foods Inc. and Chicken Foods Inc. merge to form a new corporation known as Buffalo Foods Inc. In the process of consolidating the business, the management decides that a reduction in force is necessary to avoid the duplication of positions and to streamline the running of the new company, thereby lowering the operating costs. Bob is a production manager, and his job is eliminated. He is 51 years old and believes that he was targeted because of his age. Which of the following statements is most likely to be true in this case?

BUFFALO FOODS CAN DEFEND THE CLAIM FOR AGE DISCRIMINATION IF IT CAN PROVIDE A REASONABLE FACTOR OTHER THAN AGE FOR BOB'S TERMINATION

In cases where employees refuse to work in environments that they believe are not safe, employers:

CANNOT PUNISH THE EMPLOYEES AND MUST COMPLY WITH THEIR GENERAL DUTY

Bob studied voice, opera, and Jewish liturgical music at the Southwestern Baptist Theological Seminary. After he graduated, he applied for a job as a cantor to lead prayer services at a synagogue in Plano. The synagogue refused to consider him for the job because he is not Jewish. If Bob files an employment discrimination claim against the synagogue, the synagogue can:

DEFEND ITSELF USING THE MINISTERIAL EXCEPTION TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

Mary, a white woman, is married to an African-American man and has a biracial son. She works as a counselor for a large private school. One day, Mary's husband and son stop by the school to pick her up after work. A few days later, Mary is fired from her job without any reasonable cause. Mary believes that the termination is based on her employer's reaction to her husband and son. Thus, Mary has a claim under Title VII of the Civil Rights Act of 1964 based on:

DISCRIMINATION BY ASSOCIATION

Bob, 62, applies for a job at Perch Fishing Corp. The company has concerns that applicants over age 40 will not be able to handle the strenuous nature of the job. It implements a requirement that all applicants have 20/20 vision in hopes of weeding out older candidates. Which of the following claims is most likely to be made against Perch?

DISPARATE IMPACT CLAIM

Prosper's police officers need to pass a test as a part of their performance evaluation to get promoted. It was recently discovered that female officers taking the test scored significantly lower than male officers. Thus, the number of female officers being promoted was much lower than the number of male officers being promoted. If it was not evident that the test was the cause for the bias, the city's decision would cause:

DISPARATE IMPACT DISCRIMINATION AGAINST FEMALE OFFICERS

Bob is the owner of Eager Beaver Cleaning and Housekeeping Services. He never hires or promotes a black applicant to the position of supervisor because he believes that his predominantly Asian crew will not follow instructions from a black supervisor. Thus, Bob is liable for:

DISPARATE TREATMENT, AND HE CANNOT USE THE BONA FIDE OCCUPATIONAL QUALIFICATION DEFENSE TO PROTECT HIMSELF

In an extreme case, an employer may legitimately decide not to hire individuals of a given gender if:

DOING SO WOULD IMPOSE A LOGISTICAL HARDSHIP THAT INVOLVES AN UNREASONABLE FINANCIAL BURDEN ON THE EMPLOYER

Mary, the only female marketing manager at the Dragon Distillery, is constantly referred to as "Sexy Mary" by her male colleagues. Sometimes, they even leave nude pictures on her desk, send her vulgar e-mails, and follow her to the restroom. Bob, a colleague of Mary, tries to get physically intimate with her at work one day. When Mary complains to the vice president of human resources, she is told that the guys are just having a little fun and she should be a good sport if she wants to progress in the field. Which of the following holds true in this case?

DRAGON DISTILLERY IS LIABLE FOR SEXUAL HARASSMENT BY MARY'S CO-WORKERS

If an employer enforces an English-only policy in all areas of the workplace and at all times, including break times and other free time, the: (Select the best choice.)

EMPLOYER'S POLICY IS PRESUMPTIVELY DISCRIMINATORY ACCORDING TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

Select the single true statement below:

EMPLOYERS NEED TO BE AWARE OF STATE AND LOCAL ORDINANCES THAT PROHIBIT JOB DISCRIMINATION AGAINST HOMOSEXUALS

In a situation where an employer has two equally qualified applicants for an open position, one who requires a reasonable accommodation and another who has no disability, the employer is permitted to choose the applicant without a disability solely because of the need to incur the expense of the reasonable accommodation for the disabled applicant.

FALSE

In most circumstances, COBRA beneficiaries are eligible for group coverage during a maximum of 6 months for qualifying events.

FALSE

In order to preserve an exemption under the Fair Labor Standards Act (FLSA), the employer may only occasionally dock the exempt employees' pay for partial-week absences due to illness (excluding leave under the Family and Medical Leave Act).

FALSE

In the Meritor Savings Bank, FSB v. Vinson case, the U.S. Supreme Court determined for the first time that sexual harassment can arise without employee losing a tangible job benefit; this type of harassment is called quid pro quo sexual harassment.

FALSE

It is unlawful for employers to refuse to hire on the basis of gender when gender acts as a bona fide occupational qualification.

FALSE

LGBT is an acronym standing for "Liberal Gay Biased Transgender." (Source: SG)

FALSE

Lara is a lesbian. She is subjected to verbal abuse at work because of her sexual orientation. The harassment includes calling her a "d*ke" and introducing her to new employees as "the resident lesbian." Lara has spoken to her supervisor, and nothing has changed. Lara has a cause of action under Title VII of the Civil Rights Act of 1964.

FALSE

Lucy was fired by Eager Beaver Mart because she stole from the cash register. A police report was filed. A prospective employer called Eager Beaver Mart for a reference and was told that Lucy was fired for stealing. In this case, Eager Beaver Mart has illegally defamed Lucy.

FALSE

Lucy works for a religious bookstore. She had an abortion when she was 16. Mary, a co-worker, discovers this fact from a chance meeting with one of Lucy's former high school classmates. Mary reveals this to her co-workers, who find the notion that Lucy had extramarital sex and an abortion to be deeply offensive. Thereafter, Lucy is ostracized at work. Lucy does not have a viable cause for action against Mary for public disclosure of private facts because Mary had no financial incentive to disclose Lucy's past.

FALSE

Management's refusal to bargain over a proposal to have a closed shop can be the basis of an unfair labor practice

FALSE

Objective criteria rely heavily on intuition and gut feelings and are likely to vary across decision-makers. (Source: SG)

FALSE

On-call time is usually counted as hours worked when the employee is required to carry a pager or cell phone where he or she may be reached.

FALSE

Significantly disfiguring scars can constitute an impairment that substantially limits a major life activity only if the scars are due to an underlying medical condition such as cancer.

FALSE

Texas has enacted a law regulating employer access to the social media accounts of employees and job applicants. (Source: SG)

FALSE

The Age Discrimination in Employment Act is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions.

FALSE

The Americans with Disabilities Act (ADA) defines the term "essential functions" to be those tasks that are included in the position description prepared by the employer.

FALSE

The Americans with Disabilities Act provides that individuals who currently use illegal drugs qualify as individuals with disabilities.

FALSE

The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) applies to group health plans provided by employers with 4 or more employees on a typical working day in the previous calendar year.

FALSE

The Employee Advocates Truth Protection Act (EATPA) provides that an employer may not discharge, discipline, discriminate against, or deny employment or promotion to any prospective or current employee who refuses, declines, or fails to submit to a lie detector test; the EATPA does permit employers to discharge employees who fail such a test.

FALSE

The Family and Medical Leave Act (FMLA) applies to employers with 10 or more employees within a 100-mile radius.

FALSE

The Immigration Reform and Control Act (IRCA) has established only civil penalties and no criminal penalties for hiring illegal aliens.

FALSE

The Supreme Court, in Griswold v. Connecticut, held that restricting a married couple's use of birth control devices is constitutional.

FALSE

The disparate impact national origin theory does not apply to physical requirements such as minimum height because every ethnic group has some members who are tall and some who are short.

FALSE

The duty to accommodate only applies to religious beliefs, not religious practices.

FALSE

The individuals whose private health information is revealed can bring a lawsuit claiming Health Insurance Portability and Accountability Act (HIPAA) violations.

FALSE

The prima facie case of defamation requires that a false statement to be made intentionally to a third party without an employee's consent, which results in harm to the employee defamed, and the false statement must have been made for financial gain.

FALSE

The prohibition against discrimination on the basis of religion, under Title VII of the Civil Rights Act of 1964, is absolute.

FALSE

The requirement of reasonable accommodation for a disabled employee means that an employer must create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job.

FALSE

The requirement of reasonable accommodation means that the employer must modify a full-time position to create a part-time position for the disabled employee if he or she is unable to perform the essential functions of his or her current full-time position with or without reasonable accommodations.

FALSE

There is a host of actions an employer cannot undertake during unionizing campaigns, often referred to as NO HOPS (handouts, orders, promises, or spying).

FALSE

There is a reasonable accommodation requirement for race, gender, color, national origin, and disability.

FALSE

Time missed from work due to a workers' compensation event can count against the Family and Medical Leave Act (FMLA) entitlement.

FALSE

Time spent on "fire drills" is generally not compensable time under the Fair Labor Standards Act (FLSA).

FALSE

Title VII (of the Civil Rights Act of 1964) does not permit religion to be a bona fide occupational qualification (BFOQ) if it is reasonably necessary for the employer's particular normal business operations.

FALSE

Title VII's prohibition against discrimination on the basis of national origin extends to prohibit discrimination on the basis of citizenship.

FALSE

To be covered under the Family and Medical Leave Act (FMLA), employees must have worked for their employer for at least six months preceding the time off.

FALSE

To be defamatory, statements must be false or, if true, must damage the reputation of the plaintiff. Source: SG)

FALSE

Under Title VII (of The Civil Rights Act of 1964), a religious belief needs to be a belief in a religious deity to be considered for reasonable accommodation.

FALSE

Under the Family and Medical Leave Act (FMLA), employers may require employees to first use vacation or other leave before applying for the unpaid FMLA leave, but employees must be compensated for the vacation days as they normally would.

FALSE

Under the National Labor Relations Act (NLRA), refusal to bargain about permissive subjects of bargaining is likely to form the basis of an unfair labor practice.

FALSE

Under the National Labor Relations Act, refusal to bargain about permissive subjects of bargaining is likely to form the basis of an unfair labor practice.

FALSE

Under the Occupational Safety and Health Act (OSHA), employers must safeguard the health of employees unless the result is a substantial increase in the operating costs to the employer.

FALSE

Under the escalator principle of the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers must offer special accommodations, including escalators and wheelchair lifts, to returning veterans who have been injured in combat.

FALSE

Uniformed Services Employment and Reemployment Rights Act (USERRA) is an extremely pro-employer law - much more requiring of employees - and generous to employers - than other employment laws.

FALSE

When establishing a prima facie case to proceed with a claim of religious discrimination, an employee need not establish that he has informed an employer of the conflict.

FALSE

Where both members of the couple work for the same employer, the employer can restrict the couple to a total of 20 weeks' leave per year no matter the reason for the FMLA leave.

FALSE

Where there is direct evidence of discrimination, proof of pretext is required.

FALSE

Farmersville Steel Fabricators Inc. hires Mahinder, a practicing Sikh, as a forklift driver. Occupational safety regulations and company rules require all employees in the plant to wear a hardhat. Mahinder refuses to wear the hardhat because he is unwilling to cover his turban. Farmersville Steel Fabricators demotes him to another role that does not require him to wear a hardhat. Mahinder brings a case under Title VII (of the Civil Rights Act of 1964) in which he alleges discrimination based on religion. Which of the following is most likely to be true in this case?

FARMERSVILLE STEEL FABRICATORS WILL WIN IF A DEMOTION WAS THE ONLY ALTERNATIVE AVAILABLE THAT DID NOT CAUSE UNDUE HARDSHIP

Mary's religion prohibits paying union dues. She was recently hired as a truck driver by Plano Transportation, Inc., where all of the drivers belong to a union and all newly hired drivers are required to join it within 90 days of accepting employment. Mary refuses to join the union and asks that the requirement be waived for her. The union refuses and requests that Plano Transportation terminate Mary. She will not be entitled to accommodation of her religious beliefs:

IF THE UNION CAN ESTABLISH UNDUE HARDSHIP BY SHOWING THAT MARY'S REQUEST WAS PART OF A WIDESPREAD REFUSAL TO PAY UNION DUES

In order to establish that a requested accommodation constitutes an undue hardship on an employer under the Americans with Disabilities Act (ADA), it must be shown that the accommodation will:

IMPOSE A SIGNIFICANT OBLIGATION ON THE PART OF THE EMPLOYER

If an employee-plaintiff proves that the employer-defendant willfully violated the Age Discrimination in Employment Act (ADEA), then the court is also allowed to award liquidated damages:

IN AN AMOUNT THAT IS EQUAL TO UNPAID WAGE LIABILITY

An employer is deemed to have had constructive knowledge, as opposed to actual knowledge, of a recognized hazard if the:

INDUSTRY RECOGNIZES THE HAZARD EVEN IF THE EMPLOYER DOES NOT ACTUALLY KNOW OF IT

When an employee has complained to his or her employer about racial harassment, the employer should:

INVESTIGATE AND TAKE IMMEDIATE CORRECTIVE ACTION AGAINST THE PREPRETATORS BY REPRIMANDING AND WARNING THEM AGAINST FUTURE INCIDENTS

Bob is a customer relationship executive at a bank. He enjoys wearing makeup. One day, he wears makeup to work, causing quite a stir at his workplace. He disobeys a direct order from Mary, his supervisor, to remove the makeup, whereupon he is terminated. In this scenario, Bob's termination:

IS NOT ACTIONABLE UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

Which of the following is the purpose of the Final Rule on Disparate Impact and Reasonable Factors Other than Age (RFOA) issued by the Equal Employment Opportunity Commission?

IT EXPLAINS THE MEANING OF THE RFOA DEFENSE TO EMPLOYEES, EMPLOYERS, AND THOSE WHO ENFORCE AND IMPLEMENT THE AGE DISCRIMINATION IN EMPLOYMENT ACT

Title VII of the Civil Rights Act of 1964 permits the use of an employment eligibility test that may have a disparate impact on a protected class provided:

IT IS PROVED THAT THE TEST HAS BEEN PROFESSIONALLY DEVELOPED AND VALIDATED AND IT IS NOT BEEN USED TO DISCRIMINATE

Which of the following is true of Title VII of the Civil Rights Act of 1964?

IT REQUIRES AN EMPLOYER TO DESIGN EMPLOYMENT ANNOUNCEMENTS THAT WILL ENCOURAGE A DIVERSE GROUP OF PEOPLE TO APPLY

Kawanda, a practicing Muslim, is in the Army. Several years ago, she requested that her commander allow her to wear a khimar (a form of headscarf that extends to the waist) with her uniform. Her request was denied as a violation of the military dress regulation, which specifically barred wearing religious dress or symbols while in uniform. After the denial, Kawanda reported to duty wearing a khimar on three separate occasions and was demoted. Kawanda filed a complaint of religious discrimination. Which of the following is most likely to be true in this case?

KAWANDA WILL LIKELY NOT WIN BECAUSE THE ARMY CAN DEMONSTRATE AN OVERRIDING CONSIDERATION IN THAT THE UNIFORM REGULATIONS WERE DESIGNED TO MAINTAIN MILITARY COHESION

Mary is an employee at the Koala Bear Cola warehouse. Bob, a truck driver working with the logistics company that supplies Koala Bear Cola to all supermarkets, makes lewd remarks and asks for sexual favors whenever he sees Mary. Though she warns him against such behavior, he continues to harass her. An upset Mary complains to her supervisor, who in turn tells her that it is not the company's problem as Bob is an outsider. Thus, no corrective action is taken on Koala Bear's end. Which of the following holds true in this case?

KOALA BEAR IS LIABLE FOR SEXUAL HARASSMENT REGARDLESS OF WHETHER THE HARASSER IS A CO-WORKER OR A THIRD PARTY

Mary works for Kangaroo Boutique, which is owned by Lucy. One day, Lucy escorts Mary to a back room, where she is given a polygraph test related to recent allegation of sexual harassment. Mary tries to leave, but Lucy insists that she stay and submit to the test. It is determined that Mary had nothing to do with the harassment. In this case, Mary has:

LEGAL RECOURSE AGAINST KANGAROO BOUTIQUE BECAUSE THE USE OF THE POLYGRAPH UNDER THESE CIRCUMSTANCES VIOLATED FEDERAL LAW

Lina, a lesbian, is employed by Ostrich Construction as a welder. Lina's co-workers do not know that she is a lesbian. However, she is frequently subjected to verbal abuse by her male co-workers who think that welding is a man's job. Lina is called inappropriate names, and she is exposed to nude pictures of women on the walls. When she complains to her supervisor, she is told to ignore such behavior and focus on her work instead. Lina eventually quits her job. Which of the following holds true in this scenario?

LINA HAS A DISCRIMINATION CLAIM UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 BECAUSE SHE WAS SUBJECTED TO SEXUAL HARASSMENT

Luis, a Mexican citizen who is eligible to work in the U.S., has been employed as a quality officer for Dallas Waterworks, a company with only 12 employees. He has more experience and better qualifications than Bob, who has also been working as a quality officer with Dallas Waterworks for the last three years. Both Luis and Bob apply for the job of chief quality officer within Dallas Waterworks, and Bob is hired for the position. Luis overhears his employer say that he would never promote a Mexican if he could give the job to a real American. Which of the following holds true in this scenario?

LUIS CAN FILE A NATIONAL ORIGIN DISCRIMINATION CLAIM UNDER THE IMMIGRATION REFORM AND CONTROL ACT (IRCA)

Manatee Manufacturing Inc. was targeted for a union campaign. The union organizers contacted Bob, an assembly-line employee, to assist them in the process of unionization. When management at Manatee came to know that Bob was working with the union organizers, they fired Bob. They also instituted a new rule requiring employees to leave company property within 15 minutes after the end of their shift unless speaking with a member of management. Which of the following statements is most likely to be true in this case?

MANATEE HAS COMMITTED AN UNFAIR LABOR PRACTICE BECAUSE IT DISCRIMINATED AGAINST BOB FOR ASSISTING THE UNION

Roadrunner Paving Inc. has a contract to construct a new bypass around the city. The project is approximately 23 miles from the employer's office. Mary and Jan are hired to keep track of the supplies delivered to the site. They are the only female employees working at this job site. Roadrunner installs a portable restroom at the construction site, but it lacks the necessary facilities required by women and is not safe enough to be used by them. Thus, Mary and Jan take breaks and drive back to the office to use their office restroom. However, the foreman complains that their breaks are too long. After the complaint, Mary and Jan ask their employer to install a separate restroom for women. Which of the following is true in this situation?

MARY AND JAN'S REQUEST FOR A SEPARATE BATHROOM SHOULD BE GRANTED AS NOT TAKING INOT CONSIDERATION LEGITIMATE DIFFERENCES BETWEEN GENDERS CAN BE UNLAWFUL

Mary is a veterinary nurse at Frisco Animal Clinic, which has 20 full-time employees. During one of her night shifts, Bob, a co-worker, follows her to the parking lot, stands very close to her, and touches her inappropriately. Which of the following holds true in this scenario?

MARY CAN BRING CIVIL ACTIONS AGAINST BOB IN STATE COURT FOR ASSAULT AND BATTERY

Mary is employed by McKinney Fitness Club as a gym instructor. Recently, due to stress in her life, she has been bingeing on chocolate in the evenings when she gets home and has gained 14 pounds. Her employer has counseled her about the problem and advised her that she must lose the weight in order to perform her job. Mary fails to lose the weight and is fired. Which of the following statements is most likely to be true in this case?

MARY DOES NOT HAVE A CLAIM BECAUSE SHE IS AN AT-WILL EMPLOYEE AND CAN BE FIRED FOR ANY REASON, EXCEPT AN UNLAWFUL REASON

Pierre's Fine Steaks, a five-star restaurant, advertises for a job in the local newspaper as "Waiters needed. Experience required. Must look good in tuxedo." Mary has had experience working for a five-star restaurant and believes that she will look good in a tuxedo. However, when she applies for the job, she is rejected. Which of the following holds true in this scenario?

MARY HAS A CAUSE OF ACTION AGAINST PIERRE'S FINE STEAKS AS THE ADVERTISEMENT CONTAINS LANGUAGE THAT INDICATES A PREFERENCE BASED ON SEX

Mary finds that Bob, her friend and supervisor, keeps in his desk drawer photos of her in a revealing bikini that she wore when they hung out at Bob's backyard pool one weekend. She asks Bob to return the pictures, and instead Bob emails the pictures to other supervisors and employees. Which of the following statements is most likely to be true in this situation?

MARY HAS A CAUSE OF ACTION FOR PUBLIC DISCLOSURE OF PRIVATE FACTS

Mary, a white female, and Bob, a black male, who work at the Eager Beaver Mart as cashiers decide to steal some bottles of beer. Mary watches the front of the store, while Bob loads the beer into his truck from the store's inventory room. Neither of them was aware of the security cameras in the store. The owner, being notified of the theft by the security guard, terminates Mary and gives Bob a written warning. Which of the following holds true in this scenario?

MARY HAS A CAUSE OF ACTION UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 BECAUSE THE ACT APPLIES EQUALLY TO ALL

Mary, an employee at the Chimp Tool Company, informs her supervisor that she is pregnant. Her supervisor feels the need to lighten Mary's work load, though she never requested it. Mary is assigned simple tasks and excluded from office meetings and other activities. As a result, Mary is not provided an opportunity to effectively compete with her co-workers that financial year. Which of the following holds true in this scenario?

MARY HAS A VALID CLAIM UNDER THE PREGNANCY DISCRIMINATION ACT BECAUSE THE ACT PROHIBITS TREATING EMPLOYEES DIFFERENTLY IN MANY WAYS REGARDING PREGNANCY AND CHILDBIRTH

Mary, the chief administrator in charge of medical records at Collin County Hospital, receives a request for copies of Bob's medical records from Bob's employer. Mary releases them without Bob's approval. Which of the following is most likely to be true in this case?

MARY HAS VIOLATED THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT'S PRIVACY RULE BECAUSE BOB'S EMPLOYER IS NOT INCLUDED IN THE CATEGORY THAT CAN RECEIVE PROTECTED HEALTH INFORMATION WITHOUT AUTHORIZATION FROM BOB

Mary, who works as a taxicab driver for Yellow Dog Cabs, is paid on an hourly basis. She makes less than $20,000 a year and regularly works 10 to 15 hours overtime per week. She, however, is not paid for overtime and she received very few tips. Which of the following is most likely to be true in this case?

MARY IS ENTITLED TO OVERTIME PAY UNDER THE FAIR LABOR STANDARDS ACT (FLSA) BECAUSE SHE EARNS LESS THAN $23,660 PER YEAR

Mary is a recent law graduate employed as an associate attorney at Robertson & Chu, a law firm with close to 200 employees. Mary is paid $98,000 per year. Like most associates, she regularly works 60 or more hours a week. She thinks she should be provided overtime compensation for all of the extra hours of work she puts in per week. Which of the following is most likely to be true in this case?

MARY WILL NOT BE ELIGIBLE FOR OVERTIME PAY BECAUSE AS A PROFESSIONAL, SHE IS EXEMPT FROM THE OVERTIME PROVISIONS OF THE FAIR LABOR STANDARDS ACT (FLSA)

Mary is 57 and has been a store manager for Flying Squirrel Corp., a retail store, for 10 years. Flying Squirrel plans to project a more youthful image to its customers. As a result, Mary gets demoted to an inventory manager role, which requires no customer contact. Mary files a complaint with the Equal Employment Opportunity Commission. Following the complaint, Mary gets fired. Which of the following statements is most likely to be true in this case?

MARY'S AGE DISCRIMINATION CLAIM IS NOT ACTIONABLE IF HER DEMOTION WAS BASED ON POOR PERFORMANCE, BUT SHE HAS AN ACTIONABLE CLAIM BASED ON UNLAWFUL RETALIATION

Mary and Bob live in Collin County, and both work for the same private company. Mary's supervisor, Bob, asks her about her living arrangements and with whom she lives. She refuses to answer Bob, and Bob fires her. (Mary in fact lives alone.) Which of the following statements is most likely to be true in this case?

MARY'S RIGHTS ARE NOT VIOLATED BECAUSE IT IS LEGAL FOR EMPLOYERS TO ASK THEIR EMPLOYEES ABOUT THEIR LIVING ARRANGEMENTS

Mary, aged 59, is employed as a makeup artist with a local department store. The company hires a new manager, Bob. Ryan fires Mary and gives her job to Susan, aged 42. Under the Age Discrimination in Employment Act, Mary:

MAY WELL HAVE A VALID CLAIM EVEN THOUGH HER REPLACEMENT IS A MEMBER OF THE PROTECTED CLASS

The decision of the court in Gross v. FBL Financial Servs. Inc. that no burden shifting occurs in Age Discrimination in Employment Act (ADEA) cases means that:

MIXED-MOTIVES AGE DISCRIMINATION CLAIMS DO NOT EXIST UNDER THE ADEA FOR DISPARATE TREATMENT CLAIMS

For how many days must an employee be incapacitated in order to be eligible for Family and Medical Leave Act (FMLA) leave under the "Incapacity Plus Treatment" scenario?

MORE THAN THREE DAYS

Sexual harassment class action trials are rare mainly because:

MOST CASES ARE SETTLED RATHER THAN LITIGATED AS A MEANS OF AVOIDING BAD PUBLICITY AND THE POSSIBILITY OF EVEN GREATER DAMAGES IF THE MATTER GOES TO TRIAL

Roberto, a African American employee at Eager Beaver Tire Manufacturing Company, contacted the plant manager to inform him that his supervisor, Bill, treated him in a bad manner simply because he was African American. After Bill learned that Roberto had complained, Bill told other supervisors that Roberto was lazy and irresponsible, and he made jokes about Roberto's accent. Which of the following holds true in this scenario?

ROBERTO HAS BEEN A VICTIM OF DISCRIMINATION BASED ON RACE, AND THUS HE HAS A VALID RACIAL HARASSMENT CLAIM AGAINST THE EMPLOYER

Based on the court's decision in Oubre v. Entergy Operations, Inc., if an employee:

SIGNS A DEFECTIVE WAIVER, THE EMPLOYEE IS NOT REQUIRED TO GIVE BACK ANY BEENEFITS RECEIVED UNDER THE DEFECTIVE WAIVER

Bob is the CEO of Starling Enterprises Inc. He imposes a new rule wherein only female employees should be given training on handling computers regardless of their position, experience, or qualification. Which of the following is true in this scenario?

STARLING ENTERPRISES CAN BE SUED FOR GENDER DISCRIMINATION AS THE TRAINING APPLIES SPECIFICALLY TO ONE GENDER

In the event of a reduction in force, age discrimination is most likely to be proven where:

THE EMPLOYER HIRES YOUNGER WORKERS WHEN THE JOBS BECOME AVAILABLE AFTER AN EMPLOYEE WAS DISCHARGED AT THE PRIOR SALARY OF THE OLDER WORKER

Once an employee puts forth a prima facie case of disability discrimination, the burden shifts to:

THE EMPLOYER TO ESTABLISH A LEGITIMATE NON-DISCRIMINATORY REASON FOR THE EMPLOYMENT ACTION

Ezra is a public employee. He is subjected to discrimination at work after a few co-workers learn that he is gay. If he files a sexual orientation discrimination claim, it could be based on:

THE EQUAL PROTECTION CLAUSE OF THE U.S. CONSTITUTION

Which of the following statements is true about the Fair Labor Standards Act (FLSA)?

THE FLSA DOES NOT LIMIT THE HOURS EMPLOYEES WORK BUT, RATHER, SETS STANDARDS FOR THE HOURS CONSTITUTING A NORMAL WORKWEEK FOR WAGE PURPOSES

Mary, a partner in a law firm, showed special interest in Bob, a new associate at the firm. Mary frequently made sexual overtures to Bob and expected him to get physically intimate with her if he wanted to be a senior attorney at the firm. However, Bob's refusal prompted Mary to tell him that he was not suitable to be a senior attorney, and she also started treating him badly in front of the other employees. Unable to bear the harassment any further, Bob quit the job and filed a complaint with the Equal Employment Opportunity Commission (EEOC) for sexual harassment. Which of the following holds true in this situation?

THE LAW FIRM WOULD BE STRICTY LIABLE FOR SEXUAL HARASSMENT BECAUSE MARY IS A SUPERVISOR, AND THE SUPERVISOR'S ACTS ARE CONSIDERED THOSE OF THE EMPLOYER

The Lemming Institute has a policy that prohibits any employee, whether or not a representative of the union, from distributing any union literature or notice. It has also stated that employees can be dismissed for supporting or joining a union and that they should address any issues using the formal complaint process. Which of the following statements is most likely to be true in this case?

THE LEMMING INSTITUTE HAS COMMITTED THE UNFAIR LABOR PRACTICE OF COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

Blowfish Industries reduced employee benefits as a means to cut costs. The union wanted to enter into a collective bargaining agreement as Blowfish rejected its demands and refused to bargain and listen to the union's proposals. The following day, Blowfish locked the employees out. Which of the following is most likely to be true in this case?

THE LOCKOUT WAS A VIOLATION OF THE NATIONAL LABOR RELATIONS ACT (NLRA) BECAUSE AN EMPLOYEE CANNOT ENGAGE IN LOCKOUT AS A MEANS TO AVOID BARGAINING

Bob, a pharmacist, informed the pharmacy manager during his job interview that he would not provide contraceptives as it was against his religious beliefs. The pharmacy manager agreed to accommodate Bob by relieving him of the duty of filling birth control prescriptions and taking orders for birth control drugs from customers or physicians. These tasks were assigned to other pharmacists even though they were reluctant to take on additional responsibilities. After starting work, Bob demanded more accommodations. He refused to transfer phone calls from patients seeking contraception, leaving them on hold indefinitely, and he walked away from people who asked for birth control drugs at the pharmacy counter without notifying other staff that those customers needed assistance. The manager then offered to relieve him of counter duty but could not relieve him from telephone duty as the high volume of calls mandated that all employees answer the telephone. Bob refused to accept his role change. As a result, he was terminated. Which of the following is most likely to be true in this case?

THE MANAGER CAN SHOW UNDUE HARDSHIP IN REQUIRING OTHER EMPLOYEES TO ASSUME A DISPROPORTIONATE SHARE OF THE WORKLOAD

Gotam, a devout Hindu, was employed as a waiter by Frisco Fresh Restaurant, a popular location for banquets. On a day when a banquet was held for VIPs, he turned up for work with a religious symbol, applied using sandalwood paste, on his forehead. When confronted about this by the manager, Gotam claimed that the symbol was a sign of good luck in Hinduism, and he had informed the management of his religious belief at the time of joining. The manager at Frisco Fresh Restaurant fired him. Gotam can show a prima facie case by establishing that:

THE PRACTICE OF PLACING THE SYMBOL ON HIS FOREHEAD IS PART OF HIS RELIGION, HE HAD EARLIER INFORMED FRISCO FRESH RESTAURANT ABOUT HIS RELIGIOUS CONFLICT, AND HE WAS DISCIPLINED FOR NOT COMPLYING WITH THE EMPLOYMENT REQUIREMENT

Bob was hired as a software engineer by White Elephant Technology's Chief Computer Scientist Mary Smith. He was 46 at the time he was hired. He worked for the company for five years and was terminated by Mary for poor performance. Bob filed a claim for age discrimination. Which of the following defenses is most likely to be used by Mary in this case?

THE SAME-ACTOR DEFENSE

The term essential functions of a job, as used in the Americans with Disabilities Act (ADA), best refers to:

THOSE TASKS THAT ARE FUNDAMENTAL, AND NOT MARGINAL OR UNNECESSARY, TO FULFILLMENT OF THE JOB'S OBJECTIVE

The Americans with Disabilities Act (ADA) applies:

TO PRIVATE EMPLOYERS WITH 15 OR MORE EMPLOYEES

An employer commits an unfair labor practice when he or she:

TRIES TO HELP A CERTAIN CANDIDATE GET ELECTED TO A UNION OFFICE

An employer who raises the same-actor defense asserts that when a worker protected by the Age Discrimination in Employment Act (ADEA) is hired and fired by the same person, there is a permissible inference that an employee's age was not a motivating factor in the decision to terminate.

TRUE

An employer will not be held responsible under the Occupational Safety and Health Act (OSHA) where compliance with a requirement presents a greater harm than not complying (greater hazard defense).

TRUE

An employer's selective enforcement of a neutral policy can be an example of disparate treatment.

TRUE

An employment decision based on a person having a so-called "black accent" violates Title VII if the accent or manner of speech does not materially interfere with the ability to perform job duties.

TRUE

As a general rule, an English-only rule may be used at a workplace if it is needed to promote the safe or efficient operation of the employer's business.

TRUE

As long as good-faith bargaining takes place, there has been compliance with the statute even though there may be no agreement between the parties.

TRUE

At the conclusion of the Family and Medical Leave Act (FMLA) leave, the employer must put the returning employee in the same or equivalent job with equivalent pay, equivalent benefits, and equivalent terms and conditions.

TRUE

Construct validity is an approach that is generally most useful when an employer is seeking to measure a psychological characteristic such as reasoning ability, introversion (a personality characteristic), and leadership behaviors.

TRUE

Contributory negligence is a negligence defense based on the injured party's failure to exercise reasonable care for her or his own safety.

TRUE

Courts have allowed English-only policies in response to customer factors, such as "English-only on the sales floor." (Source: SG)

TRUE

Employees earning up to $23,660 per year, or $455 per week, are automatically entitled to overtime pay, regardless of whether they are hourly or annual salaried employees.

TRUE

Employees must be informed of their Occupational Safety and Health Act (OSHA) rights by their employer. This requirement may be met by displaying an OSHA poster in the workplace.

TRUE

Employees suing for sexual harassment can get up to $300,000 in compensatory or punitive damages, in addition to their lost wages. (Source: SG)

TRUE

Employees with religious objections must be reasonably accommodated, including the possibility of the alternative of keeping their job without paying union dues. A union, however, can prove undue hardship if many of the employees chose to have their dues instead paid to a nonunion, nonsectarian charitable organization since the impact on the union would not be insubstantial.

TRUE

Employer interception of telephone calls is authorized where one of the parties to the communication has given prior consent.

TRUE

Employers are required to report workplace injuries due to assaults by family members or ex-spouses as a part of their recordkeeping requirements under the Occupational Safety and Health Act (OSHA).

TRUE

Employers' wellness programs intended to cut healthcare costs may violate the nondiscrimination requirements of the Health Insurance Portability and Accounting Act (HIPAA).

TRUE

Employment at will refers to the fact that, unless an agreement specifies otherwise, employers are free to fire an employee—and employees are free to leave the position—at any time and for any reason, except that an employer may not discharge an employee for an unlawful reason.

TRUE

Employment eligibility tests may include intelligence tests, tests of physical stamina, eye exams, tests for levels of achievement or aptitude, or tests for the presence of certain personality traits.

TRUE

Even if an employee works in an atmosphere in which severe and pervasive harassing activity is directed at the employee because of the employee's race or color, if the employer takes prompt, corrective remedial action to address the situation, the court will find no liability.

TRUE

Former illicit drug users who have a disability related to their drug use are protected by the Americans with Disabilities Act (ADA).

TRUE

Gender identity is expressly excluded from coverage by the Americans with Disabilities Act (ADA). (Source: SG)

TRUE

If there is no tangible employment act by a supervisor, such as termination, and instead there is activity by a supervisor causing a severe and/or pervasive hostile environment resulting in harm to the harassed employee (for instance, the supervisor may constantly ask the employee out on dates and make sexual comments but still give the employee her usual raises and promotions), the employer is not strictly liable.

TRUE

In Texas, non-exempt employees must be paid at least twice a month.

TRUE

Mandatory subjects for collective bargaining include wage increases, health care benefits, and holiday pay.

TRUE

Meal periods are not hours worked if the employee is relieved of duties for the purpose of eating a meal.

TRUE

No comprehensive federal workplace privacy legislation exists.

TRUE

Normally, pension and other welfare benefits are not severable from the benefit plan; when a Qualified Domestic Relations Order (QDRO) is issued by a family law court (usually due to a divorce), those provisions are overridden.

TRUE

Once an employee puts the employer on notice of a religious conflict, the employer must immediately try to find ways to avoid the conflict.

TRUE

One of the most troublesome problems with hostile environment is determining whether the harassing activity is severe and/or pervasive enough to amount to an unreasonable interference with an employee's ability to perform.

TRUE

Pre-employment questions should be uniformly asked of all applicants.

TRUE

Refusing to bargain or bargaining in bad faith can include these scenarios: not attending bargaining sessions, not providing proposals, and not providing necessary information to the other side.

TRUE

Requiring one gender to work different hours or job positions for reasons not related to ability or availability for the job is unlawful under Title VII of the Civil Rights Act of 1964.

TRUE

Residency requirements for government employment can create an unlawful disparate impact when the locale has a low minority population. (Source: SG)

TRUE

Rest periods of less than 20 minutes must be counted as hours worked and paid to the employee.

TRUE

Sexual harassment of an employee by someone of the same gender is prohibited under Title VII of the Civil Rights Act of 1964 unless it can be shown that the harassment was based on sexual orientation.

TRUE

The Age Discrimination in Employment Act (ADEA) allows an employer to rebut a prima facie case of age discrimination by identifying any reasonable factor other than age that motivated the decision.

TRUE

The Equal Employment Opportunity Commission (EEOC) views attendance as being an important but not an essential function of a job, allowing for a waiver of attendance policies as a reasonable accommodation.

TRUE

The Fair Labor Standards Act (FLSA) set standards for the minimum age for workers, minimum wages they can make, and the rate at which they must be paid if they work over a certain amount of time during a workweek.

TRUE

The Family and Medical Leave Act (FMLA) guarantees employees who have been on the job at least a year up to 12 weeks of unpaid leave per year for a birth; an adoption; or care of sick children, spouses, or parents (or their own serious illness) and the same or an equivalent job upon their return.

TRUE

The Family and Medical Leave Act (FMLA) military family leave provisions include a qualifying exigency leave, which provides up to 12 work weeks of FMLA leave to help families manage their affairs when a military member has been deployed to a foreign country.

TRUE

The Genetic Information Nondiscrimination Act (GINA) prohibits group health plans and individual health insurance providers from differentiating between insured individuals in terms of premiums or eligibility based on genetic information.

TRUE

The drafters of the Americans with Disabilities Act (ADA) defined disability as "(a) a physical or mental impairment that substantially limits one or more of the major life activities of an individual; (b) a record of having such an impairment; or (c) being regarded as having such an impairment."

TRUE

The employer cannot question the sincerity of the belief merely because the employer thinks the religion is strange.

TRUE

With respect to Title VII, the term 'religion' includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

TRUE

Workers' compensation laws are generally no-fault, which means that workers injured on the job are entitled to recover from their injuries without having to prove who is at fault.

TRUE

§1981 applies to race-based claims and allows applicants and employees who are subject to intentional discrimination (i.e., disparate treatment) to sue for damages. (Source: SG)

TRUE

During a unionizing campaign, an employer is prohibited from:

TRYING TO HELP EMPLOYEES FORM A UNION

Unicorn Industries has close to 1,000 full-time and part-time employees who manufacture component parts for hand tools. The company policy states that part-time employees are not eligible for overtime pay, even if an employee works more than 40 hours during a particular week. Which of the following is most likely to be true in this case?

UNICORN INDUSTRIES HAS VIOLATED THE FAIR LABOR STANDARDS ACT (FLSA) BECAUSE ALL OF ITS EMPLOYEES ARE COVERED BY THE ACT AND ARE ENTITLED TO OVERTIME PAY

Under Title VII of the Civil Rights Act of 1964, the number of days that a non-federal government employee has to file a discrimination claim with the Equal Employment Opportunity Commission (EEOC) is within _____ of the discriminatory event (when the state lacks an agency equivalent to the EEOC).

180 DAYS

To determine whether a worker is an employee or an independent contractor, the Internal Revenue Service (IRS) 20-factor analysis includes a consideration of whether:

AN EMPLOYER PROVIDES TRAINING TO THE WORKER

Mary was employed at Badger Industries, Inc. as an associate manager in the purchasing department. Prior to the arrival of her new supervisor, she received the highest employee rating on her yearly evaluation. Her new supervisor, Bob, was overheard saying that he did not believe women were smart enough to manage a department. Mary was fired for poor work performance six months later. If she wins her claim for gender discrimination, which of the following will Mary be entitled to?

BACK PAY AND REINSTATEMENT TO THE FORMER POSITION

Mary is an independent contractor for Bob Operating Business (BOB). While driving to a meeting at BOB's headquarters, Mary causes a car accident in which a cab driver is hurt. Mary was talking to one of the managers at BOB over the phone when he was driving on that unfortunate day. Which of the following is true in the context of liability for the accident?

BOB HAS VICARIOUS LIABILITY

Mary works as a salesperson at Bob's Greenhouse. While demonstrating to a customer how to use a hedge trimmer, she accidentally cuts the customer on the arm, requiring a visit to the hospital and several stitches. Which of the following is true of the scenario?

BOB'S GREENHOUSE IS VICARIOUSLY LIABLE BECAUSE MARY WAS ACTING WITHIN THE COURSE OF HER EMPLOYMENT

Bob has filed a discrimination case against his employer with the Equal Employment Opportunity Commission (EEOC). The EEOC has sent a notice of charge to Bob's employer. In this scenario, which of the following is most likely to be the immediate next step as per the process of bringing a discrimination claim within the EEOC?

BOTH BOB AND HIS EMPLOYER WILL RECEIVE A REFERRAL TO MEDIATION FROM THE EEOC, IF APPROPRIATE

Bob was hired by the Fishy Tropical Aquarium (FTA) and agreed to resolve any disputes arising out of his employment through arbitration. Even though Bob was performing his job efficiently, he was fired when he became a Rastafarian. Without waiting for the results of the arbitration, Bob filed a discrimination complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC quickly filed a lawsuit on his behalf. FTA moved to have the EEOC's lawsuit dismissed on the grounds that Bob had signed a valid mandatory arbitration agreement. In this scenario, the EEOC:

CAN BRING ITS OWN ENFORCEMENT ACTION AGAINST FTA DESPITE BOB'S AGREEING TO ARBITRATION

The Equal Employment Opportunity Commission (EEOC) has investigated Chen's complaint of workplace discrimination against his employer and sent him a notice stating that there was no reasonable cause for his complaint. Which of the following holds true in this scenario?

CHEN HAS 90 DAYS AFTER HE RECEIVES A RIGHT-TO-SUE LETTER FROM THE EEOC TO SUE HIS EMPLOYER IN FEDERAL COURT

Under the common-law agency test, the most critical factor in determining employee status is whether a(n):

EMPLOYER HAS THE RIGHT OR ABILITY TO CONTROL THE WORK

With respect to employees, which of the following is a disadvantage of a mandatory arbitration clause in an employment contract?

EMPLOYERS SUFFER FROM ESSENTIALLY HAVING THE COURTS CLOSED TO THEM FOR CASES UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

Employers are liable for most torts committed by an independent contractor within the scope of the working relationship.

FALSE

Respondeat superior is the legal principle requiring courts to follow prior legal precedents established by prior decisions of higher courts within their jurisdiction. (Source: SG)

FALSE

The IRS preference is for the worker to be categorized as an independent contractor instead of an employee. (Source: SG)

FALSE

The National Labor Relations Act of 1935 (NLRA) protects independent contractors from unfair labor practices of employers.

FALSE

There is a single commonly accepted definition of "employee" used by courts, employers, and the government.

FALSE

Title VII of the Civil Rights Act of 1964 applies to all firms or their agents engaged in an industry affecting commerce that employ 5 or more employees for each working day in each of 20 or more weeks in the current or preceding calendar year.

FALSE

Title VII permits staffing firms to discriminate against workers in assignments and opportunities for employment.

FALSE

Mary, a U.S. citizen, was employed with Blue Whale Mica Inc. in its London office. Blue Whale Mica Inc. is a Delaware-based corporation with its principle place of business in New York. Mary was recently laid off, and she believes she was a victim of gender discrimination. In this scenario, Mary:

HAS THE RIGHT TO FILE A DISCRIMINATION CLAIM AGAINST HER FORMER EMPLOYER PURSUANT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

Mary worked as a chief chef in the Roasted Tilapia Restaurant (RTR) in Allen. When the management of the restaurant changed, Mary was asked to sign a non-compete agreement to keep her job. The non-compete agreement required Mary not to work as a chef for any other restaurant or open her own restaurant in the United States for the next 15 years if she decided to quit her job at RTR. A court would likely determine that this non-compete agreement:

IS UNENFORCEABLE

Employment law based on agency principles imposes a duty on an employee to act as authorized. If the employee exceeds his or her authority while acting with the scope of the employment, the employer is:

LIABLE FOR DAMAGES AND LOSSES INCURRED BY THIRD PARTIES, WHILE THE EMPLOYEE REMAINS LIABLE TO THE EMPLOYER

After graduating from college with a bachelor's degree in business administration, Mary sent an email, with her resume attached, to the Marmoset Marketing Company (MMC). In her email, she was only inquiring about an entry level position at the firm. When she found out that MMC had hired two of her classmates who were not of her race, Mary filed a discrimination complaint against MMC under Title VII of the Civil Rights Act. Which of the following is true of this scenario?

MARY DOES NOT HAVE A VALID CASE BECAUSE SENDING AN EMAIL INQUIRY ABOUT A JOB DOES NOT QUALIFY THE SENDER AS AN APPLICANT

Mary resigned from her position as a floor supervisor at Wallaby's Department Store. Bob, the store manager, falsely told the other employees that Mary had been fired for coming to work drunk. He also communicated the same information to someone calling to verify Mary's previous employment with Wallaby's Department Store. Which of the following is true about this scenario?

MARY MAY HAVE A CAUSE OF ACTION AGAINST WALLABY'S DEPARTMENT STORE FOR DEFAMATION

To be enforceable by a court, a non-compete agreement within an employment relationship:

MUST BE REASONABLE IN SCOPE AND DURATION

Nebusa Inc. is a consulting firm. Sam and Arnie are analysts for Nebusa. Sam was hired as an employee, and Arnie was hired as an independent contractor. They both work five days a week during standard business hours in the same Nebusa office and under the same supervisor. Both almost share the same job responsibilities. Sam is paid a salary and the required federal and state tax withholdings are also made by the company. In contrast, Arnie is paid by the project with no federal and state withholdings and does not even receive benefits such as retirement and health insurance. Which of the following is an implication of this scenario?

NEBUSA HAS WILLFULLY MISCLASSIFIED ARNIE AS AN INDEPENDENT CONTRACTOR AND IS LIABLE UNDER FAIR LABOR STANDARDS ACT OF 1938

Bob, a recent university graduate of Scottish descent, was refused employment at Wolf Industries, Inc. because he failed to achieve a high enough score on a valid, reliable skills test. Believing that he has been the victim of employment discrimination, Bob sues Wolf Industries, Inc. He asks the court to order Wolf Industries, Inc. to use different cutoff scores for all Scottish-descent test-takers, claiming that no one of Scottish descent had ever achieved a satisfactory score. In this scenario, can the court grant the relief Bob seeks?

NO, BECAUSE THE CIVIL RIGHTS ACT OF 1991 MAKES IT AN UNFAIR EMPLOYMENT PRACTICE FOR AN EMPLOYER TO USE DIFFERENT CUTOFF SCORES IN AN EMPPLOYMENT-RELATED TEST ON THE BASIS OF A PROTECTED TRAIT

Which of the following is true of Title VII of the Civil Rights Act of 1964?

NONE OF THESE CHOICES ARE TRUE (FALSE CHOICES: IT DOES NOT COVER NON-U.S. CITIZENS WORKING IN THE UNITED STATES FOR AN AMERICAN EMPLOYER; IT DOES NOT ALLOW RELIGIOUS INSTITUTIONS AND ASSOCIATIONS TO DISCRIMINATE WHEN PERFORMING THEIR ACTIVIES; IT DOES NOT COVER MANAGERIAL EMPLOYESS AND SUPERVISORS)

In Brown v. Topeka Board of Education, the U.S. Supreme Court:

STRUCK DOWN THE DOCTRINE OF SEPARATE BUT EQUAL EDUCATIONAL FACILITIES

The three main tests courts use to classify employees and independent contracts are:

THE COMMON-LAW AGENCY TEST, THE INTERNAL REVENUE SERVICE (IRS) 20 FACTOR ANALYSIS, AND THE ECONOMIC REALITIES TEST

Mary signed an employment contract with Rabbit Cosmetics (RC) to work as a sales clerk. The agreement included a mandatory arbitration clause in case of any employment disputes. After Mary was denied a promotion, she filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The manager of RC told Samantha that her employment contract requires her to seek redress through arbitration, not the EEOC. Which of the following holds true in this scenario?

THE EEOC CAN PURSUE MARY'S CASE BECAUSE IT WAS NOT A PARTY TO THE EMPLOYMENT AGREEMENT

Which of the following is true of contingent workers hired by a company using a staffing firm?

THEY CAN OFTEN GIVE JOINT LIABILITY BETWEEN THE STAFFING FIRM AND THE COMPANY HIRING THEM

Bob Operating Business (BOB) solicits bids from various independent contractors to develop and maintain the grounds of its new office complex. Pete, the head of facilities management at BOB tells Mary, his secretary, that he will not accept any bids from Asian contractors. He goes ahead and rejects a bid made by an Asian contractor without any legitimate reason. The Asian contractor brings a lawsuit against BOB for discrimination. Which of the following is true of the scenario?

THOUGH UNLAWFUL, PETE'S REFUSAL TO HIRE ASIAN COMPANIES IS NOT A VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT BECAUSE THAT LAW DOES NOT COVER DISCRIMINATION AGAINST INDEPENDENT CONTRACTORS

At the court of appeals level, the person who appealed a legal case to the court of appeals is known as the appellant and the other party is known as the appellee.

TRUE

Before termination, the Worker Adjustment and Retraining Notification (WARN) Act requires that employers with over 100 employees must give 60 days' advance notice of a plant closing or mass layoff to affected employees.

TRUE

Bob Operating Business (BOB) employs part-time workers through a staffing firm. BOB's manager asked the firm to replace one of these part-time workers with someone from a different race and the staffing firm does so. BOB will be liable because an employer using a staffing firm cannot avoid liability for discriminating against a temporary worker merely because it did not "employ" the worker. Employers may be held liable as "third-party interferers" under Title VII of the Civil Rights Act of 1964.

TRUE

Employees bringing workplace discrimination claims under the post-Civil War statutes do not file claims under the EEOC and instead must go to an attorney.

TRUE

Employers are required to post information about Title VII (and other employment-related statutes) in places that their applicants and employees can see them. (Source: SG)

TRUE

For federal employees, claims must be filed with their employing agency within 45 days of the event.

TRUE

In employment law, "glass ceilings" are the invisible, artificial and attitudinal barriers in the workplace. (Source: SG)

TRUE

Mandatory employment arbitration agreements are generally enforceable in Texas. (Source: SG)

TRUE

Non-U.S. citizens are protected by Title VII while they are in the United States but not outside the United States.

TRUE

Procedural law addresses the means and methods of the legal process. (Source: SG)

TRUE

Retaliation claims may be filed only for the adverse action taken while the employee was employed -- not for actions taken later to negatively impact the former employee (such as trying to block the employee's later re-employment).

TRUE

The Age Discrimination in Employment Act (ADEA), unlike Title VII of the Civil Rights Act of 1964, does not exempt Indian tribes or private membership clubs.

TRUE

The Age Discrimination in Employment Act of 1967 applies to all entities or their agents that employ 20 or more employees for at least 20 calendar weeks.

TRUE

The Civil Rights Act of 1866 regulates the actions of all individuals or entities when entering into a contract to employ someone else. There is no requirement for a minimum number of employees in order to qualify as an employer under the Civil Rights Act of 1866.

TRUE

The law relating to the employment relationship is based on the traditional law called master and servant.

TRUE

The protection of employees' constitutional rights does not apply to employees who are subjected to adverse action by private employers.

TRUE

The three post-Civil War statutes (42 U.S.C. sections 1981, 1983, and 1985) prohibit discrimination on the basis of race in making and enforcing contracts; prohibit the denial of civil rights on the basis of race by someone behaving as if they are acting on behalf of the government (called under color of state law); and prohibit concerted activity to deny someone their rights based on race.

TRUE

There is no requirement for a minimum number of employees in order to qualify as an employer under the Civil Rights Act of 1866.

TRUE

When courts consider whether a worker is an employee or an independent contractor, under the economic realities test, courts consider whether a worker is economically dependent on the business or is in the business for himself or herself.

TRUE