Employment Law Final Study Terms

disparate treatment

"""Reverse"" discrimination means: a. establishing quotas for the hiring of women and persons of color b. disparate treatment c. disparate impact d. none of these"

the criteria for finding employers liable differs depending on the outcome of the harassment

"The primary difference between harassment that results in tangible employment action and harassment that creates a hostile working environment is: a. the level of proof required in the prima facie case for harassment that results in tangible employment action b. the availability of a rebuttal to the plaintiff if the employer proves a reason for the hostile environment c. the criteria for proving harassment that results in a tangible employment action is less stringent d. the criteria for finding employers liable differs depending on the outcome of the harassment e. none of the above"

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

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

Yes

"A medical center had no contract with the federal government, but it did have a contract with a health maintenance organization, which, in turn, had contracted with the federal government to provide medical care to federal government employees. The medical center's contract with the HMO said nothing about affirmative action responsibilities. Does the OFCCP have the right to audit the medical center? a. Yes b. No"

Title VII was violated because there was no evidence that African-Americans were underutilized as teachers and affirmative action cannot be used to make layoff decisions

"A school district had to decide which of two equally qualified, equally senior employees to lay off. Invoking its affirmative action plan, the district retained an African-American and laid off the white teacher. The court would rule that: a. Title VII was violated because there was no evidence that African-Americans were underutilized as teachers and affirmative action cannot be used to make layoff decisions b. Title VII was violated because diversity is not a compelling government interest necessitating consideration of race c. Title VII was not violated because using race as a ""tie-breaker"" is a lawful form of affirmative action d. Title VII was not violated because the school district demonstrated that the layoff was the only way to maintain a faculty that reflected the racial composition of the student body e. Title VII was not violated because the layoff was only temporary and did not excessively burden the white teacher"

none; affirmative action may be used for all of these groups

"Affirmative action may be used on behalf of all of the following groups EXCEPT: a. African-Americans b. women c. Pacific Islanders d. disabled persons e. none; affirmative action may be used for all of these groups"

all of these except a; nothing unless the victim herself files a claim, because there is no anti-harassment policy, so you have no authority in the matter

"As the Assistant Human Resources Manager, you have learned from another employee that a co-worker is being harassed by her supervisor. Assuming your firm has no anti-harassment policy, what should you do? a. nothing unless the victim herself files a claim, because there is no anti-harassment policy, so you have no authority in the matter b. investigate the claim and report the harassment to your superiors c. create and enforce an anti-harassment policy for your firm d. offer to transfer the employee to another job e. b, c and d"

sometimes require affirmative action as a part of the settlement in a discrimination case

"Consent decrees: a. sometimes require affirmative action as a part of the settlement in a discrimination case b. are issued by judges after a jury verdict following a lawsuit c. require employers to agree to hire specified numbers of women and/or persons of color d. all of the above e. none of the above"

uncommon

"Court-imposed affirmative action is: a. common b. uncommon c. non-existent; all affirmative action is voluntary d. none of these"

all of the above

"Employers are vicariously liable for harassment when: a. a hostile environment is created by a top official b. harassment by a supervisor results in a tangible employment action c. a supervisor creates a hostile environment and the employer does not have a sexual harassment policy or reporting procedure d. all of the above e. none of the above"

Hopalong is protected under the protected sex classification under Title VII

"Hopalong" Jones was a cowboy working on a cattle ranch out west. He has worked at the ranch for three years and done an excellent job. He is also a two time bull riding champion at the state rodeo competition. He is fired when he admits to being gay.​ ​- sexual orientation is a protected class in some states but not in others - ​Hopalong is protected under the protected sex classification under Title VII - ​since being a cowboy is such a macho job, being heterosexual is considered a BFOQ - ​Hopalong has no federal or state protection regarding his sexual orientation

that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut

"If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule: a. that because he quit, no tangible employment action can be proven b. that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut c. that a hostile environment is presumed, but that the employee waived the right to sue when he left d. none of these"

for the employer, because the harassment was not unwelcome

"Imagine that you are the judge hearing a case for sexual harassment filed by a woman who reports that she was forced to have sex in the workplace with her supervisor. She admits that for some months prior to the event, she displayed her body through seminude photos, lifted her skirt to verify an absence of undergarments, made highly salacious comments, and offered sexual gratification ""to employees, customers, and competitors alike."" Knowing what you know about harassment, what should you decide? a. for the woman, because the forced sex proves harassment b. for the woman, because her flirting did not justify the forced sex c. for the employer, because the harassment was not unwelcome d. for the employer, because she had a reputation for being ""easy"""

the employer did not violate Title VII because it had an affirmative action plan that addressed the proven underutilization of women in a moderate, flexible way

"In Johnson v. Transportation Agency, Santa Clara County, a female employee was promoted to the position of road dispatcher, despite the fact that a male candidate had scored two points higher on an interview. The county had an affirmative action plan and the plan was taken into account in making the promotion decision. The Supreme Court ruled that: a. the employer did not violate Title VII because it had an affirmative action plan requiring it to hire a woman for the position b. the employer did not violate Title VII because it had an affirmative action plan that addressed the proven underutilization of women in a moderate, flexible way c. the employer violated Title VII because, despite its affirmative action plan, it was not free to hire a less qualified candidate because of her sex d. the employer violated Title VII because there was no evidence of underutilization of women in the county workforce, requiring affirmative action e. none of the above"

for the employer and supervisor because the poor performance appraisals were not the result of harassment, but of the relationship having gone sour

"In a case in which a woman ended an affair with her male supervisor, and began to receive poor performance appraisals from him, the court likely ruled on her Title VII harassment claim: a. for the woman, based on sexual harassment b. for the woman, because of the affair c. for the employer and supervisor because the poor performance appraisals were not the result of harassment, but of the relationship having gone sour d. for the employer and supervisor because the poor performance appraisals were the result of the woman's poor work performance"

a hostile environment was created by the supervisor's conduct

"In a case in which the employee claimed harassment by her supervisor in which he altered her work her work hours with the knowledge that doing so would adversely affect her hypoglycemia; frequently stood at her desk and stared angrily at her; startled her by pounding on her desk with his fist; criticized her work unfairly; and yelled at her in front of co-workers, the court ruled that: a. no sexual harassment was proven, because no demand for sexual favors was made b. no sexual harassment was proven, because no hostile environment was created c. a hostile environment was created by the supervisor's conduct d. no harassment could be proven without verbal or physical conduct of a sexual nature"

that women or persons of color are underrepresented in the employer's workforce relative to their availability in the relevant labor market

"In order to prove that underutilization exists, it must be shown: a. by the four-fifths rule, that women or persons of color are disproportionately absent from a position b. that women or persons of color are underrepresented in the employer's workforce relative to their availability in the relevant labor market c. that intentional discrimination is the reason that women and persons of color are not adequately represented in the employer's workforce d. all of the above e. none of the above"

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

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

exist to perform the function; highly specialized; available to perform the function

"List the basic criteria for identifying essential functions of a position. The position _____________________________________. The function is _____________________________________. Few other employees are _________________________________."

a or c; it may be used to remedy a "manifest imbalance" or the imbalance must have resulted from past discrimination

"Regarding Affirmative Action plans, which of the following is true? a. it may be used to remedy a ""manifest imbalance"" b. the imbalance must meet the four-fifths rule c. the imbalance must have resulted from past discrimination d. all of these are true e. a or c"

the definition of harassment under Title VII includes mistreatment and abuse of employees generally

"Regarding harassment, which of the following statements is NOT true? a. harassment is a serious problem in the workplace b. the definition of harassment under Title VII includes mistreatment and abuse of employees generally c. the definition of harassment under Title VII does not include workplace bullying d. all of these are true"

to prove harassment, the plaintiff must show that the conduct complained of was both severe and pervasive, unless it occurred outside work

"Regarding the ""severe"" or ""pervasive"" standard for assessing harassment cases, which of the following statements is NOT true? a. to prove harassment, the plaintiff must show that the conduct complained of was both severe and pervasive, unless it occurred outside work b. to prove harassment, the plaintiff must show that the conduct complained of was severe or pervasive c. the degree of severity required is in inverse proportion to its pervasiveness d. none of these"

only b and c; the harassment was directed toward a protected class & the harassment was unwelcome

"The plaintiff in a harassment case must prove: a. the harassment was because of sex b. the harassment was directed toward a protected class c. the harassment was unwelcome d. all of these e. only b and c"

should state that the employee has 60 days to decide on coverage that would last up to 18 months

An employee is terminated for poor attendance. The employer sends a letter on May 1 notifying him of his right to receive continuation health insurance coverage. The letter states that the former employee must respond by May 30 to be eligible for up to 6 months of continuation coverage. The employer's letter:

their total pay in wages and tips equals at least the minimum wage

"Tipped employees" can be paid less than the minimum wage provided: ​- they retain on an individual basis all tips that are earned; pooling of tips is not permitted - ​their total pay in wages and tips equals at least the minimum wage - ​they agree to a reduced minimum wage salary, however, if they don't agree they must be paid the full minimum wage and any tips are forfeited to the employer or the other employees - ​the employee customarily and regularly receives at least $30 per week in tips

existing disability; wrongly regarded; has record of prior disability

"Under the ADA employees can be considered disabled if: She has an __________________________________. She is ________________________ as being disabled. She is not currently disabled but ___________________________."

quid pro quo harassment

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

the harassment was unwelcome

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

a stated plan to hire a particular number of black, white, male, female...etc. employees in order to remedy an existing imbalance or injustice

"Which of the following is not considered to be a reasonable part of a valid affirmative action plan? a. all employment test scores are validated b. a stated plan to hire a particular number of black, white, male, female...etc. employees in order to remedy an existing imbalance or injustice c. wide communication of job availability d. active enforcement of anti-discrimination policies e. active enforcement of anti-harassment policies"

a and c; the employer exercised reasonable care to prevent and correct promptly any harassment and the employee failed to take advantage of preventive or corrective measures provided by the employer

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

harassment is legally actionable because it is a form of discrimination

"Which of the following is true of harassment? a. all harassment cases involve sexual harassment b. harassment is legally actionable because it is a form of discrimination c. harassment claims are rarely brought by men d. a and b e. all of the above"

none of the above

"Which of the following is true regarding the role of conduct outside of the workplace in harassment cases? a. employers cannot be held liable based on harassing conduct that occurs outside of the workplace b. the sexual activities of persons who allege harassment will be examined in order to determine whether the treatment received was unwelcome c. the marital statuses of the plaintiff and the alleged harasser will be taken into account in determining whether harassment occurred d. all of the above e. none of the above"

a and c; assurance that employees reporting harassment will be protected from retaliation and a clear and accessible procedure for reporting harassment

"Which of the following should be included in an employer's policy prohibiting harassment? a. assurance that employees reporting harassment will be protected from retaliation b. assurance of strict confidentiality in handling harassment complaints c. a clear and accessible procedure for reporting harassment d. a and c e. all of the above"

with 50 employees and $50,000 in federal contracts

"Written affirmative action plans, submitted to the OFCCP, are required of contractors or subcontractors: a. with 10 employees and $10,000 in federal contracts b. with 25 employees and $25,000 in federal contracts c. with 50 employees and $50,000 in federal contracts d. with 100 employees and $100,000 in federal contracts e. none of the above, all companies doing federal contract work must have written affirmative action plan that is submitted to the OFCCP"

talk to Paul, and tell him that if he doesn't stop it immediately, and apologize, you will report him to Human Resources

"You are a salesperson for a pharmaceutical company, a job it was difficult to get. After you'd been there a while, there was another opening, and you recommended your friend, Paul. He was hired, and the two of you have enjoyed working together ever since. Recently, the secretary for the sales team has confided in you that Paul has been acting inappropriately, and most recently, cornered her in the supply room, and pushed her up against the wall with his body, and caressed her with his hands. She does not know that you recommended Paul to the firm. Of the following choices, what should you do? a. tell her not to worry, that it will pass, because Paul is not normally like this b. tell her not to worry, that you'll talk to Paul, and tell him to stop it c. tell her to report Paul to Human Resources, and you'll tell them you saw it d. talk to Paul, and tell him that if he doesn't stop it immediately, and apologize, you will report him to Human Resources"

she should tell him she's not interested, and just wants to work

"Your co-worker, a new employee, is painfully shy. She works, as you do, as a clerical assistant to an architect in the firm you both work for. Her architect, a boorish male with a foul mouth and grabby hands, has had trouble keeping an assistant, and you know why. But even though this fellow has continued in his usual behavior, applying it now to her, she seems to be unable to decide what to do, and seeks your advice. Knowing how these cases are decided, what would be the best advice you could give her? a. she should say nothing; just keep working, and do a good job b. she should act friendly, but refuse his advances c. she should tell him she's not interested, and just wants to work d. the next time he tries something, she should just punch him in the eye"

b and c; prepare an affirmative action plan & not discriminate in your workplace

"Your company sells office supplies, and your CEO has finally succeeded in acquiring a contract to provide supplies to the federal government for the next year. This is a huge client for your company, worth in excess of $3 million dollars. Aside from increasing purchasing and production, what does your company need to do? a. agree to hire a certain percentage of persons of color and women before the contract takes effect b. prepare an affirmative action plan c. not discriminate in your workplace d. all of these e. b and c"

all of these except a; hire the firm that's cheaper, even though they discriminate, because they'll agree to put the clause in their contract, and that's all you need; besides, you can't afford to lose the government business

"Your firm's contract to sell office supplies to the federal government requires that you hire only subcontractors who agree not to discriminate, and include a nondiscrimination clause in their contracts with you. You've done a thorough investigation of the firms out there who could fulfill your needs for particular office supplies, and there is one who is significantly less expensive than all of the others. However, that firm has a well-known reputation for discriminating against Muslims. Your profit margin is already quite small for this project, and you worry about making any money at all. Which of the following is/are acceptable option(s), and why? a. hire the firm that's cheaper, even though they discriminate, because they'll agree to put the clause in their contract, and that's all you need; besides, you can't afford to lose the government business b. don't hire the firm that's cheaper, because it would disqualify your firm from the government contract if the government found out c. talk to the firm that's cheaper, and try to persuade them to actually comply with a non-discrimination standard; then monitor the situation to ensure that they do, because its in both your interests d. negotiate with other, non-discriminating suppliers on their prices to see if you can match the price of the discriminating supplier e. b, c and d"

David should prepare an affirmative action plan, after doing a self-analysis which establishes an underutilization of women and persons of color in the relevant labor market, and then advertise the open positions

"Your friend and former college roommate, David, has just been hired to manage a small, family-owned business because the owner has fallen ill, and none of his children are yet ready to assume leadership of the business. David has hiring and firing authority (except for the owner's children), and wants to expand and diversify the sales staff, by hiring women and persons of color. There are 3 openings. What would be your best advice to him to accomplish his goals? a. David should hire the only qualified women and/or persons of color, in order to achieve diversity b. David should prepare an affirmative action plan, after doing a self-analysis which establishes an underutilization of women and persons of color in the relevant labor market, and then advertise the open positions c. David should hire the first qualified candidates he finds, regardless of gender or race d. none of these would be good advice"

serious health conditions

"_______________________" involve inpatient care in a hospital or continued treatment by a healthcare provider.

prohibits the intentional interception of electronic communications

1The Electronic Communications Privacy Act:

The National Institute of Mental Health

1Which of the following agencies was NOT created by the Occupational Safety and Health Act?

is conducted by other employees, at various organizational levels, as well as customers or other stakeholders that deal with the employee being appraised

A 360 degree appraisal:

for the employee, because she had raised material questions of fact, so that summary judgment was reversed, and the case remanded for trial

A 52 year old employee with 34 years on the job was downsized during a RIF. On a new performance scale prepared for the RIF, the one item at which she excelled was eliminated, and she scored badly, compared to a younger worker with less experience. The younger worker was retained. Earlier that same year, the supervisor of the 52 year old had rated her as "doing a great job." She sued under the ADEA. On a Motion for Summary Judgment, what should the court decide?

For the employer because it had a lawful, non-discriminatory motive for the termination

A 55 year old supervisor who has always received good performance appraisals is downsized. Two younger (42 and 45 year old) supervisors from the same department, whose performance had been rated lower, were nonetheless retained. The employer says that it had to save money and that the older supervisor earned considerably more money (he did). If the termination is legally challenged, a court would most likely decide: - ​For the employer because it had a lawful, non-discriminatory motive for the termination - ​For the employee because the employer has engaged in disparate treatment based on age - ​For the employee because salary level is a neutral criterion that creates adverse impact against older employees - ​For the employer because the employees retained were also over 40 years of age ​- For the employer because employee could not establish a prima facie case of age discrimination under the ADEA

whether this is a single, integrated enterprise

A company has one office with nine employees and a second office with 12 employees. If an employee who works in the first office is harassed and attempts to sue under Title VII, which of the following questions becomes a relevant issue:​ ​- whether Title VII applies extraterritorially - ​whether the joint payroll method applies - ​whether this is a single, integrated enterprise - ​whether the multi-employer doctrine applies - whether these are joint employers​

intrusion upon seclusion

A department store clerk learns that her employer has placed a hidden video camera in the employee changing room. If she sues, the claim would most likely be for:

​all of these

A disabled employee was refused the opportunity to train on a new machine because her supervisor believed that her disability would make it impossible to operate the machine with acceptable speed. The court should decide:​ ​- none of these - ​The employer is not obligated to reasonably accommodate the employee in the training process because operating the machine is not required for her current job - ​Under the ADA, failure to train is a materially adverse employment action that can be challenged as discriminatory - ​all of these - ​The employer engaged in disparate treatment, provided the employee can prove that she is able to operate the machine

the policy is neither legally nor ethically sound

A firm had been sued and found guilty of religious discrimination against people who practiced Judaism, and managers were instructed to be very careful to avoid another similar suit. To that end, Jewish employees, but not others, were given raises. Of the following, what is the most correct assessment of this policy? ​ ​- the policy is sound legally, but not ethically - ​the policy is sound, both legally and ethically - ​none of these - ​the policy is neither legally nor ethically sound

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

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

for the employee, finding that she had met all performance standards, while the complaints against her were mostly subjective

A high-level manager consistently received positive performance reviews from her immediate supervisor for four years. She earned bonuses, salary increases, and was promoted to the senior leadership team. Some thought her interpersonal skills could use some work, but this criticism was not emphasized. After a change in management, top managers grew more critical of her. She was passed over for promotion, the promotion being given to a male with less experience. Responsibilities were taken away, and she was dropped from the senior leadership team. A new (never-again used) 9-point rating system was used, on which she earned the lowest possible score. The CEO said he wanted her out "legally," and asked "How do we explain this to a jury?" Managers explained there was little support for her among them, and she did not "fit." She sued for sex discrimination. The court should decide:

d. $20/hr; $1100

A non-exempt employee's usual pay is $800/wk, based on a 40/hr week. This week he works 50/hrs. His regular hourly rate of pay is ______. His total pay for this week should be _______.

preventing injuries and illnesses on the job

A principal objective of the Occupational Safety and Health Act is ____________

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

A salesman was to attend a meeting in a nearby city, but as he traveled there in his car, traffic was light, and he arrived about an hour early. Deciding not to waste the time, he went to a nearby shopping center to search for a birthday gift for his son. He found a tablet that he knew the boy would like, and headed out to drive to the building where the meeting was to be held. As he backed out of the parking space, however, he hit another car, damaging the car and injuring the driver. Under the doctrine of respondeat superior, is his employer liable for the accident? Why or why not? ​ ​- Yes, the employer is liable for the accident because the salesman was driving to attend a company meeting - ​No, the employer is not liable for the accident because the salesman was on an errand of his own at the shopping center

breach of the covenant of good faith and fair dealing

A salesperson makes a large sale for which she is entitled to a commission. To avoid making the payment, the employer terminates the employee. The legal claim that best applies to this termination is

breach of the covenant of good faith and fair dealing

A salesperson makes a large sale for which she is entitled to a commission. To avoid making the payment, the employer terminates the employee. The legal claim that best applies to this termination is: ​- breach of the covenant of good faith and fair dealing - ​promissory estoppel - ​intentional interference with a contractual relationship - ​implied contract - ​infliction of emotional distress

grant the leave, and ask how he's doing; tell him that when he comes back, you'd like to sit down with him and see if you can help him remove the trouble he's been having at work

A very troublesome employee has just told you that he wants to apply for FMLA leave because his wife is seriously ill. He has taken leave before because of her illness, and depending upon how you calculate it, may have already taken the maximum amount for the year. You know that if you use a "rolling 12 month period," he will not qualify, and if he is denied leave, he may actually quit, which would make many people happy. However, your firm's leave policy does not specify how leave taken will be calculated, which means that if he sued and the case went to litigation, the court would apply a "calendar year" calculation for the leave requested, since you've just begun a new calendar year, and under that calculation, he would be entitled to leave. Of the following choices, what should you do?​ ​- grant the leave, and take your chances; maybe he'll straighten out when he comes back - deny the leave, and take your chances; tell him that he's already had the maximum leave under the "rolling 12 month" calculation. He's been far too troublesome for the firm, and his leaving would be a good outcome​ - ​deny the leave, but tell him that it's because has not been a productive employee, and when he improves, you'll consider more leave - ​grant the leave, and ask how he's doing; tell him that when he comes back, you'd like to sit down with him and see if you can help him resolve the trouble he's been having at work

the employee has quit

A veteran teacher was told by a school superintendent that he would recommend that the school district not renew her contract at the end of the school year. Rather than contest the recommendation, the school teacher retired. What is the best assessment of this situation?

granting of benefits because, under the usual exertion rule, the injury arose out of employment

A woman wrenched her back participating in a limbo contest on the weekend. Feeling better, she went to work at her job as a secretary on Monday. Lifting a box of copier paper, she experienced severe back pain and needed immediate medical attention. She was off from work for two weeks due to the injury and filed a claim for workers' compensation. If her employer contested the claim, the most likely outcome of the case would be: ​- granting of partial benefits due to the pre-existing injury - denial of the claim because the injury did not occur in the course of employment​ - ​granting of benefits because, under the usual exertion rule, the injury arose out of employment - ​denial of the claim because, under the usual exertion rule, the injury did not arise out of employment

the law governs benefit plans broadly, not just pension plans

About ERISA, the Employee Retirement Income Security Act, it is correct to say that:

none of the above

Affirmative action: a. is primarily applied to hiring decisions b. is limited to African-American and women c. includes any formal or informal efforts to improve the employment opportunities of African-Americans and women d. all of the above e. none of the above

the employee has suffered a constructive discharge

After a troublesome time with a new manager, an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out, all of her belongings were in boxes, and her office was being used for storage. While she was on vacation, her new supervisor had called, asking where certain documents were located. When he found the employee's answer unsatisfactory, the supervisor said, "Well, this is the last straw." What is the best assessment of this situation?

whether the contract specifies benefits

Althea interviewed, was hired, and received a contract of employment in writing. Aside from wages and start date, what is the next most important thing for her to look for in the contract?​ ​- whether employment at will applies - ​when she will be eligible for vacation - ​whether the contract was reviewed by lawyers - ​whether the contract specifies benefits

none of these

Amanda is an employee at a high end department store in the HR department and has been in her office all day. After a pair of diamond earrings are found missing from the jewelry department, Mike, the store manager has every employee in the store brought together pursuant to an investigation. Which of the following is true?​ ​- none of these - all of these​ - because the missing items are extremely small, Mike can order Amanda into a room to be strip searched by Hilda, the head of security​ - ​Mike can go through the contents of Amanda's purse as long as he doesn't touch her physically - ​Mike can search Amanda's desk

reassignment to greater responsibility

Among the factors considered by the courts in determining whether a quit was actually a constructive discharge are all of these EXCEPT:

undue hardship

An accommodation poses an ________________________ when it is unduly costly, extensive, substantial, disruptive, or requires fundamental alteration to the nature or operation of business.

the owner of the car dealership is within his rights to try to reduce the costs to his company by whatever means he can.

An employee of a family-owned car dealership suffered an injury while lifting computer equipment on the job. The employee reported the injury to the HR department, and sought worker's compensation benefits. The owner of the car dealership was convinced that the injury was actually incurred in a stockcar accident, and told a supervisor to get the employee to sign a form waiving his right to receive worker's compensation for the injury. The supervisor (a brother of the owner) was told that if he didn't get the employee (who happened also to be his son) to sign the waiver, both of them would be fired. A waiver was never signed, and both employees were terminated. They sued. All of the following are most likely true, EXCEPT:

yes because the employee was terminated based on absences that qualify as FMLA leave

An employee who was terminated for poor attendance due to absences from FMLA leave files suit. Did the employer violate FMLA?

for the employee's wife, because she was also an insured, but was given no notice of her COBRA rights

An employee whose wife suffered from breast cancer was terminated after a change of ownership of the company. He asked whether their health insurance would continue, and was told verbally that it would. Nine months later when his wife sought treatment, she was advised the policy had been terminated. He and his wife sued for a violation of COBRA. The court should rule: ​- for the employer, since it was a new owner, and not the employer of the employee. - ​for the employee, since he was not given notice of his COBRA rights in writing - ​for the employee's wife, because she was also an insured, but was given no notice of her COBRA rights - ​for the employer, since the employee never requested in writing that their insurance be continued

a defined benefit plan

An employee would likely prefer this kind of pension plan:

for the employer, since the employees essentially walked off the job during working hours without authorization, which is not a protected concerted activity

An employer announced that it was going to close a union facility, and entered into negotiations with the union. Six drivers learned of an upcoming meeting, met over coffee to formulate their questions, and went to the site of the meeting. A union official told them to return to work, but the drivers insisted, and eventually were able to introduce themselves to the management representatives. They returned to work after having been gone for 3 hours, but were fired for being absent without authorization. The NLRB ruled in favor of the drivers, and the employer appealed. On appeal, the court ruled:

For the employees because they did not receive the amount of advance notice of a mass layoff required by the WARN Act

An employer decides to downsize to cut costs. It plans to eliminate 100 jobs out of 250 total jobs. The employer notifies the employees' union representative on May 15. The layoffs will be effective May 30. If the employer's action is legally challenged, a court would most likely decide: ​- For the employees because they did not receive severance pay as required by the WARN Act - ​For the employees because they did not receive individual notification as required by the WARN Act - ​For the employer because there is no plant closing or mass layoff that would trigger the WARN Act's requirements - ​For the employer because it is not large enough to be covered under the WARN Act - ​For the employees because they did not receive the amount of advance notice of a mass layoff required by the WARN Act

does not violate the National Labor Relations Act

An employer who closes the business rather than deal with the union his employees have formed

does not violate the National Labor Relations Act

An employer who closes the business rather than deal with the union his employees have formed:

a defined contribution plan

An employer would likely prefer this kind of pension plan: ​- a defined contribution plan - ​none of these - ​a hybrid plan - ​a defined benefit plan

both the termination is suspect because the progressive discipline system was not followed and ​the termination is suspect because the employment manual is ambiguous

An employment manual contains a notice and disclaimer that the employment is entirely "at will," and also contains a progressive discipline system which recites an escalating series of notices and warnings before termination. If an employee is terminated immediately, and the progressive discipline system is not followed: ​ ​- both the termination is suspect because the progressive discipline system was not followed and ​the termination is suspect because the employment manual is ambiguous - ​the termination is not subject to legal redress because the manual contains an "employment at will" disclaimer, so the employer had a right to terminate employment without conditions - ​the termination is justified because the manual contains an "employment at will" disclaimer - ​the termination is suspect because the progressive discipline system was not followed - ​the termination is suspect because the employment manual is ambiguous

Yes, because the practice was a form of disparate impact.

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

none of these would be good advice

As a new manager, you are delighted with your new job (and higher pay), but now it's time for the annual performance appraisals of the staff you supervise. Worse, you have been directed to downsize your department by 10%. Many of your colleagues have offered you advice as to how to proceed. Among the following, which would NOT be good advice? ​- all of these would be good advice - ​make clear that no matter how well they have done their jobs, it is no guarantee that they will survive the cut; don't allow or answer any questions - ​none of these would be good advice - ​as you conduct the performance appraisals, speak gruffly to each employee, in order to prepare them for possible termination - use a forced distribution method of performance appraisal, which will help you achieve a 10% cut in department staff easily, and avoid legal claims​

Tell the current "old school" HR Manager that the lower salary of the female salesperson is illegal, and that he must immediately raise her pay, or you will tell the salesperson that she should file an EEOC claim

As the new Assistant Human Resources Manager, you now have access to the salaries of all of the staff at your firm, and discover that the sole female salesperson on the staff is being paid significantly less than her male counterparts, although she has the same educational background and experience. Within about 6 months, you are to replace the current Human Resources Manager, an "old school" kind of fellow who is retiring. But since you are newly hired, you are reluctant to "make waves." Considering your duties and also the protection of your career, which of the following options would NOT be advisable? ​- Do and say nothing yet, awaiting the day when you assume the role of HR Manager; then take steps to raise the saleswoman's pay to compare with that of her male colleagues, without telling her why - ​Ask the current HR Manager if he is aware that the female salesperson is receiving a lower salary for the same work, which could cause a claim to be filed against the firm, and ask what he thinks should be done - ​Tell the current "old school" HR Manager that the lower salary of the female salesperson is illegal, and that he must immediately raise her pay, or you will tell the salesperson that she should file an EEOC claim

contributing to federal workers' compensation funds

By law, employers must arrange workers' compensation coverage for their employees. They may do this by any of the following except:

top managers meet to discuss implementation of a specific plan

Changes in benefit plans are under "serious consideration" when:

chronic; long-term impact

Conditions that are substantially limiting most often are ________________________ or expected to have _______________________.

fliction of emotional distress

Conduct that is "outrageous" is required to establish:

will have to sign the agreement if he wants to keep his job

Dean got a job as a copyrighter for a publishing firm, and after working for the firm for two years, was told he was required to sign a mandatory arbitration agreement and agree to submit any employment disputes to binding arbitration. Dean was also told that if he would not sign it as is, he would be fired. Dean:​ - ​will have to sign the agreement if he wants to keep his job - ​does not have to sign the agreement, and can still keep his job

are prone to under-diversification of investments

Defined contribution pension plans:

all of the above

Distinguishing between employees and independent contractors is important because:​ ​- all of these - ​employers have fewer legal obligations to independent contractors - ​employers can defend their actions under employment laws by proving that persons performing work are independent contractors - income tax must be withheld for employees, but not independent contractors​ - ​none of these

no because it is only protection against discrimination

Does the Pregnancy Discrimination Act require employers to grant leave for childbirth?

the employer has been informed of the hazard and does not correct it

Employees who walk off the job due to dangerous conditions may be protected under OSHA (the Act) if:

have been addressed under the general duty clause

Ergonomic hazards _______________:

it provides that exclusionary periods can be no longer than 30 days

HIPAA, the Health Insurance Portability and Accountability Act provides all of these EXCEPT:

the extra time put in on the job could qualify those employees for overtime pay

If employees come in to start work early, or stay beyond scheduled hours, or come in to work on days off,

delay the start of leave

If the need for leave is foreseeable and an employee fails to provide 30 days notice, an employer has the right to __________________________.

even though both companies sell women's intimate apparel, there is no meaningful or material competition between them

Imagine that you are the judge hearing a Motion for Summary Judgment. The case before you concerns the former Vice-President of Marketing at May Department stores, who has recently been hired by Victoria's Secret. May Department stores has sued to enforce the non-competition agreement in which the VP agreed not to work for firms competing directly against May Department store. Both parties agree that both stores sell women's intimate apparel, but to different ages of women, and to different customer bases. They also agree that about 8% of May's business is women's intimate apparel, while 98% of Victoria's business is women's intimate apparel. What should you decide?

she could go to trial on her defamation claim because false, damaging accusations were made in the presence of others

In Dietz v. Finlay Fine Jewelry, a store clerk who gave an unauthorized discount to a customer was interrogated by security personnel. The court held that:

an employer may modify an at-will employment agreement unilaterally

In Dillon v. Champion Jogbra, Dillon claimed a wrongful discharge maintaining that modifications of the employee manual created an implied contract negating the employer's claim that she was an at-will employee. The court said:

for the employees, because they spoke truthfully about an ongoing labor dispute

In Mastec Advanced Technologies, 26 service technicians were fired after appearing on a television news show to complain about their employer's instructions about how to persuade customers to install phone connections for their satellite television service, and the charge-backs to employees' pay if they did not procure such connections. Phone connections were not necessary for the service to work, but the company earned more money if phone connections were installed. Regarding the terminations, the court ruled:

for the workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

In R. Williams Construction Co. v OSHRC, a trench collapsed at a construction site, killing one worker, and severely injuring another. A hydraulic jack supporting the wall had been removed, and the walls of the trench were not sloped, as required by OSHA regulations. The construction firm argued that, although it did not know what the OSHA requirements were, its employees had much work experience and common sense, and they talked about safety "all the time." The OSHRC ruled:

a quit is treated as a termination because circumstances forced the employee to leave

In a constructive discharge:

is any fixed and reoccurring period of 7 consecutive days

Under the Fair Labor Standards Act, a "workweek

is any fixed and reoccurring period of 7 consecutive days

Under the Fair Labor Standards Act, a "workweek":

30 years

Under the OSH Act, records of an employee's exposure to toxins must be kept for:

must perform the duties of an executive, administrator, or professional

Under the duties test, in order to be classified as exempt, an employee:

are unlawful in states that have "right to work" laws

Union security provisions:

off the clock

In the U.S., more and more workers are working:

26 weeks

In the event of a serious injury/illness of a service member incurred while on active duty, the maximum period of leave under the FMLA during a 12 month period is _____________________.

labor agreements require it

Just cause is required for the discipline or discharge of unionized employees because:

Mike will win because the statements were not published

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

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

Negligent hiring: ​- makes employers liable for any harm that is caused by their employees - none of these​ - ​makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment - ​makes employers liable for harm that occurs when employees act within the scope of their employment - ​all of these

will not be enforced unless the former employer can show that they are no more restrictive than necessary

Non-competition agreements: ​- are almost always enforced by the courts - ​are less commonly used now than in the past - none of these​ - ​will not be enforced unless the former employer can show that they are no more restrictive than necessary - ​will be enforced unless former employees can show that the agreements are overly broad

can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist

Non-employee organizers:

that employers maintain material safety data sheets for all hazardous chemicals used in the workplace

OSHA's hazard communication standard requires:

For the employer because she is employed at will and none of the exceptions to employment at will apply in this case

Over lunch, a manager at Microsoft says to another manager, "You know, just between you and me, it might not have been the worst thing in the world if the court had ordered the company to break-up. We really are too big." The comment was overheard by another employee at the next table and passed on to higher-level managers. If the manager is fired for making the statement and she sues Microsoft, a court would most likely rule: ​- For the employer because she is employed at will and none of the exceptions to employment at will apply in this case - ​For the employer because her statements showed disloyalty to the company, for which she could lawfully be terminated - ​For the employee because she would be covered under whistleblower protection laws - ​For the employee because the company would be violating her First Amendment right of free speech - ​For the employee because her speech constituted protected concerted activity under the National Labor Relations Act

should cite specific instances of good or bad performance

Performance appraisals:

courts will review contested performance appraisals to determine whether or not they are correct

Regarding performance appraisals, which of the following statements is NOT true?

require reasonable reliance on a clear promise

Promissory estoppel claims:​ ​- require reasonable reliance on a clear promise - ​arise when employment contracts are breached - ​all of these - none of these​ - ​require evidence of intent to deceive

apply to unionized workers but not to non-unionized workers

Protected concerted activities:

insubordination which is grounds for discharge

Protection of concerted activity may be lost if which of the following occurs?

reasonable accommodation

Providing a part-time or modified work schedule is an example of a _________________________________ of disability.

OSHA routinely visits each workplace annually

Regarding OSHA inspections, which of the following statements is NOT correct?

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

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

early retirement incentives are discriminatory if based on age

Regarding early retirement incentives, all of the following are true EXCEPT:

if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days

Regarding representation election procedures, which of the following statements is/are true?

restrictive covenants are upheld only for top level managers and CEOs

Regarding restrictive covenants, which of the following statements is NOT correct?

before surveillance or video monitoring of employees can take place, a search warrant must be obtained

Regarding surveillance and video monitoring of employees, it is correct to say all of the following EXCEPT: ​- none of these is true - ​surveillance and video monitoring of employees can take place in all places open to public view, without the need for a search warrant - ​before surveillance or video monitoring of employees can take place, a search warrant must be obtained - ​all employees, public and private, have some reasonable expectation of privacy at work

all employers adopt a drug-free workplace policy

Regarding the Drug-Free Workplace Act, which of the following is NOT true? The Act requires that:

employees are secured creditor

Regarding the bankruptcy filing of an employer, which of the following statements is NOT true?

should be measured and professional, whether conveying a positive or negative appraisal

Regarding the language to be used in performance appraisals:

at an employee's computer workstation

Regarding the monitoring and surveillance of employees, an employer could legally place video cameras in which of the following location

at an employee's computer workstation

Regarding the monitoring and surveillance of employees, an employer could legally place video cameras in which of the following locations?

whether an employee has a reasonable expectation of privacy is determined on a case-by-case basis

Regarding the right to privacy:

employers can effective avoid the legal consequences of termination by effectively (but not officially) discharging employees

Regarding the termination of individual employees, it is NOT correct to say that:

under the 4th Amendment to the U.S. Constitution, private employees enjoy protection from unreasonable searches and seizures while at work if their employers are federal contractors

Regarding workplace privacy, which of the following statements is NOT true?

ethical

Sarah aged 59, has been employed by your firm for more than 26 years, and has continually received above-average evaluations. Just before her 27th anniversary with the firm, you are ordered by your superior, the HR Manager, to tell her that her employment with the firm is terminated immediately. Given the facts, as presented, the issues most likely to be raised are:​ ​- medical - ​legal - ​none of these - ​ethical - contract​

can be the basis for claims that employees did not receive promised benefits

Summary plan descriptions (SPDs):

TRUE

T/F Employees should be notified promptly and in writing whether their leave qualifies as FMLA leave.

false; should engage process & limit doctors to medical inquiries

T/F In responding to requests for reasonable accommodation, employers should discuss the disabled employee's need for accommodation with other employees.

TRUE

T/F One element of the prima facie case of failure to reasonably accommodate religion is that a conflict exists between a sincere religious belief or practice and an employment requirement.

TRUE

T/F Pregnancy, when it results in a period of incapacity, is considered a "serious health condition."

TRUE

T/F Regarding a perceived disability, people who are regarded as disabled are not entitled to a reasonable accommodation because they have no disability.

TRUE

T/F The Rehabilitation Act applies to federal employees.

TRUE

T/F There is no requirement under the ADA that an employer must create a position for an employee who is disabled.

false; any belief or practice

T/F Under Title VII, "religion" is limited to membership or affiliation with an established church of denomination.

false; only health benefits

T/F Under the FMLA, employees are entitled to have all benefits maintained under the same conditions as if the employee had not taken leave.

TRUE

T/F Unless there are complications, pregnancy is not a "serious health condition" triggering the right to FMLA leave.

one or more employees were injured by the hazard

The elements of a specific violation of OSHA regulations include all of the following EXCEPT:

if an election is ordered, the employer is required to provide the NLRB, within seven days, a list of names and addresses of all employees in the bargaining unit

Which of the following is true regarding NLRB representation election procedures?

all of these

The "forced distribution method" of performance appraisals:

15+

The ADA applies to private sector employers with _________________ employees.

presumptively discriminatory​

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

prohibits the intentional interception of electronic communications

The Electronic Communications Privacy Act:

that if employers include mental health conditions in their health insurance coverage, they must do so at the same level and under the same terms as medical and surgical treatments

The Mental Health Parity and Addiction Equity Act requires:

a minimum wage and overtime

The Migrant & Seasonal Protection Worker Act (MSPA) provides all of these requirements EXCEPT:

none of the above

The Migrant and Seasonal Agricultural Worker Protection Act requires that:​ ​- migrant agricultural workers must be provided with housing and the housing must be safe and sanitary - ​none of these - ​all of these - ​migrant agricultural workers must receive overtime pay of one and a half times their regular rate of pay for all work hours in excess of 50 in a week - migrant agricultural workers must be paid no less than the prevailing wage for farm laborers in the geographic region​

prohibits discharges that are not for good cause

The Montana Wrongful Discharge from Employment Act (WDEA):

upholding the law as valid, on the grounds that it constituted a tax on the lack of health insurance

The Patient Protection & Affordable Care Act was challenged in a lawsuit alleging that the federal government exceeded its authority under the constitution by requiring that people buy health insurance. The case went to the U.S. Supreme Court, which ruled:

because of the extreme costs and because men do not avail themselves of pregnancy benefits, larger deductibles or co-pays may be charged

The Pregnancy Discrimination Act provides for each of the following EXCEPT: ​- both married and unmarried employees must be covered - ​health plans must cover expenses for pregnancy-related medical care on the same basis as for other medical conditions - ​because of the extreme costs and because men do not avail themselves of pregnancy benefits, larger deductibles or co-pays may be charged - ​the same level of coverage must be provided for the spouses of male employees as is provided for the spouses of female employees

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

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that:​ ​- all persons returning from military service must be reemployed - ​​none of these - ​employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions - ​employers continue to provide at least partial pay to employees serving in the military for up to 24 months - ​all of these

qualifying event

The birth of a child is an example of a "______________________________" under the FMLA.

requires that employers supply unions with information relevant and necessary to bargaining effectively

The duty to bargain in good faith:

you are likely to receive your wages going forward, as they have a high priority in bankruptcy cases like this one

The firm for which you have worked for 6 years has filed for Chapter 11 bankruptcy. What this means to you is: ​- you are likely to receive your wages going forward, as they have a high priority in bankruptcy cases like this one - ​your union contract as to wages and benefits is null and void - ​you will receive your wages going forward without fail, as you are now a secured creditor - ​all of these

requiring that predetermined percentages of employees be placed into particular performance categories

The forced distribution method regarding performance appraisals consists of:

the employer violated Title VII by facially discriminating based on sex​

The machinery in a plant is old and was designed for use by an "average-sized male." Citing safety concerns, the company hires only average-sized males for jobs working in the plant. If a female applicant for a job at the plant is not hired and sues, a court would most likely rule that:​ ​- the employer did not violate Title VII because any adverse impact its hiring criterion created was justified as job related and consistent with business necessity - ​the employer violated Title VII by not attempting to accommodate women so that they could work in the plant - ​the employer violated Title VII because the selection criterion of size has an adverse impact on women and is not job related and consistent with business necessity - ​the employer did not violate Title VII because the employer could establish a BFOQ based on its safety concerns - the employer violated Title VII by facially discriminating based on sex​

not limited for employees 16 years of age and over

The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is

not limited for employees 16 years of age and over

The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is:

willingness to work two jobs

The most common performance criteria used includes all of these EXCEPT:

promissory estoppel

This occurs when a party takes action in reliance on the promise of another, who then breaks that promise.

only workers who are involuntarily terminated are eligible for unemployment insurance

With regard to unemployment insurance, which of the following statements is true?

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

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

qualified individual with disability

To be a ____________________________, a disabled person must: meet the same job-related education, skills, and background requirements as other job candidates or employees.

the employee must be involuntarily unemployed

To be eligible for unemployment insurance:

1,250 hours

To qualify for leave under FMLA, an employee must have worked at least ________________ during the previous 12 months.

at least 1250 hours during the previous 12 months​

To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked:​ - at least 1250 hours during the previous 12 months​ - ​at least 625 hours during the previous 6 months - ​at least 2080 hours during the previous 12 months - ​at least 1040 hours during the previous 6 months

employees have a right to review all questions before the test begins

Under the Employee Polygraph Protection Act:

are allowed to work no more than 18 hours per week while school is in session

Under the FLSA, minors under 16 years of age:

FMLA leave

Under FMLA, employers may require any paid leave available to an employee be used and counted toward the employee's ________________________.

available only for intentional discrimination resulting from malice or reckless indifference when an employer has violated an employees federally protected right

Under Title VII, in cases of discrimination, punitive damages are:

none of the above

Under Title VII, the concept of "religion" is limited to:​ ​- membership in or affiliation with an established church or denomination - ​all of these - ​beliefs or practices that a church or denomination requires of its members - ​beliefs or practices centering on the worship of a God or other deity - none of these​

health insurance; pays full cost of group coverage

Under USERRA, an employer must maintain _____________________ for an employee reporting to military service for short stints of service (less than 31 days) and up to 24 months if the employee _______________________.

Uniformed Services Employment and Reemployment Rights Act

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

absolved of liability

Under the "religious organization exemption" of Title VII, churches are ____________________ under Title VII for discriminating on the basis of religion.

essential job functions

Under the ADA, it is important that job descriptions clearly identify _____________________________.

cannot consider any difficulties performing non-essential job functions

Under the ADA, performance appraisals for disabled persons:

certain deductions from the pay of salaried employees can lead to the finding that these employees are non-exempt

Under the Department of Labor's "pay docking rule":

rest periods of up to 20 minutes

Which of the following activities is compensable time for which an employee must be paid?

all of the above employee rights are protected by the NLRA

Which of the following employee rights is NOT protected by the NLRA?

Kathy quits her job because of a pervasive and continuing hostile environment

Which of the following employees is most likely eligible for unemployment insurance?

all of these would be inquiries regarding a medical condition

Which of the following interview topics would be considered inquiries regarding an applicant's medical condition? ​ ​- current injury - ​previous workers' compensation claims - ​previous illness - all of these would be inquiries regarding a medical condition​ - ​previous injury

There is no requirement that they be communicated to employees prior to the appraisal of their performance if a job description is available

Which of the following is NOT true regarding performance criteria and standards?

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

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

OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials

Which of the following is NOT true regarding the enforcement process under OSHA (the Act)?

whether professional employees would be mixed with non-professional employees against their will

Which of the following is a criterion used by the NLRB to determine that an appropriate bargaining unit exists? ​- none of these - ​whether professional employees would be mixed with non-professional employees against their will - ​whether employees are paid at the same rate and/or under a reasonable and logical pay scale - the percentage of employees who have signed authorization cards​ - ​all of these

there must be substantial overlap in the duties and tasks performed

Which of the following is among the things that must be shown in order for two jobs to be considered "equal work"?

feasible means exist to abate the hazard

Which of the following is an element needed to establish a violation of the general duty clause?

one party intentionally pries into the private affairs of another

Which of the following is an element of an intrusion upon seclusion privacy tort claim?

retaliating against an employee who has filed charges with the NLRB

Which of the following is an unfair labor practice (ULP) under the National Labor Relations Act?

secondary boycotts

Which of the following is an unfair labor practice?

genetic test

Which of the following is considered a medical exam under the ADA?​ ​- vision tests for ability to read or recognize objects - ​physical fitness/agility test - ​genetic test - ​drug test for illegal substances - ​none of these

meetings during work hours concerning employee

Which of the following is generally compensable time under the FLSA?

​requiring airline pilots to retire at 60 years old

Which of the following is most likely a proper application of a BFOQ?​ ​- transferring pregnant women out of a department that worked with chemicals known to be harmful to a fetus - ​none of these - ​requiring airline pilots to retire at 60 years old - ​all of these - ​not hiring women for the night shift because the factory is in a very dangerous part of town and the company parking lot requires a ½ mile walk to the site

the right to fair pay and benefits

Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Sec. 7 rights")? ​- the right to strike - ​the right to assist labor unions - ​the right to fair pay and benefits - the right to self-organization​

a specific oral promise limiting employment at will

Which of the following is required for a successful implied contract wrongful discharge claim?

National Labor Relations Board (NLRB)

Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act?

injuries that result in death or the hospitalization of three or more employees must be reported to OSHA within 8 hours of their occurrence

Which of the following is true of OSHA reporting and recording requirements?

they are adopted only after a lengthy process of public hearings and documentation

Which of the following is true of OSHA's permanent standards?

it does not apply to benefit plans administered by public employers

Which of the following is true of the Employee Retirement Income Security Act (ERISA)

it does not apply to benefit plans administered by public employers

Which of the following is true of the Employee Retirement Income Security Act (ERISA)?

experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer

Which of the following is true of workers' compensation?

they can be filed by individual employees and may be pursued by the individual

Which of the following is true regarding grievances?

none of these​

Which of the following is true regarding overtime pay under the Fair Labor Standards Act?​ ​- employees are entitled to twice their regular rate of pay for overtime hours - none of these​ - ​private sector employers can pay for overtime required under the FLSA with compensatory time off in the future, whereas government agencies may not do so - ​all of these - ​employees who work more than 8 hours in a work day must be compensated with overtime pay

performance appraisals are key pieces of evidence in many discrimination cases

Which of the following is true regarding performance appraisals?

in about half of the states, inspections are conducted by state agencies rather than by OSHA

Which of the following is true regarding safety and health inspections?

vesting usually occurs after five or seven years of service

Which of the following is true regarding vesting requirements under ERISA?

The Older Workers Benefit Protection Act

Which of the following laws has the most exacting requirements for a valid separation agreement?

The Americans with Disabilities Act

Which of the following laws mandates that medical information obtained from current employees must be job-related and consistent with business necessity?

all of these

Which of the following practices would be discriminatory?​ ​- placing an ad asking for "a recent college grad" - ​placing an ad for a waiter - ​all of these - placing an ad for a waitress​ - only placing an ad for a waitress and placing an ad for a waiter​

intentional infliction of emotional distress

Which of the following torts has as a required element of proof, an intent to harm.

public disclosure of private facts

Which of the following torts has as a required element of proof, the matter is not of legitimate concern to the public.

public disclosure of private facts

Which of the following torts has as a required element of proof, the matter is not of legitimate concern to the public?

a single employee that writes to a supervisor complaining about the refusal to grant her vacation time for the exact period of time she requested

Which of the following would NOT be considered a concerted activity?

send them in an overnight package to OSHA immediately, but tell the HR Manager that you have sent in the reports so as to comply with the law

You are an administrative clerk in the Human Resources Department of a construction firm. You are aware that there have been several injuries on the job site in the past two months, some of them serious, and know that reports are supposed to be filed with OSHA reporting serious injuries. The HR manager has been complaining bitterly about OSHA, especially since they have done inspections at your firm's job sites twice in the last year, and has made comments like, "It's none of their damned business if one of our guys is stupid enough to get hurt." It is one of the tasks of the Assistant HR Manager to file reports of serious job accidents, but she has suddenly resigned. You are asked to temporarily take her place. You do so, and discover in her desk drawer, paper-clipped together, the reports of serious injury which have been prepared over the past 3 months, but not sent to OSHA. Considering your duties and your legal protections, which of the following would be your best option?

ask the employee to wear some other shirt while protesting, so that people don't think your company is also protesting

You are the HR Manager for your company. One of your employees has been actively involved in demonstrations at City Hall, protesting the city's refusal to adopt any environmentally-friendly ordinances or practices. While at these protests, he is often wearing a company T-shirt, and you are concerned that news reports of the demonstrations will lead people to conclude that your company is protesting the city's environmental policies, something which your Board of Directors has not authorized. You should:

Throw the mailer in the trash; it's use in this context would be illegal

You are the HR Manager of your firm, and you pride yourself on being up to date with legal requirements, and on the cutting edge of your field. You've just gotten a mailer about a new test kit which would perform genetic testing by pricking a finger, dripping the blood sample onto a tab, and mailing it in to a lab. You think how this could be applied to your employees and applicants, and what you might be able to save on health insurance costs. What should you do?​ ​- Order a gross of the genetic testing kits as soon as possible. - ​Call the company attorney to ask how you could test the entire staff without their knowledge - ​none of these - ​Throw the mailer in the trash; it's use in this context would be illegal

Get a translation into Spanish and Polish of the complex instructions. Pay for it yourself. You don't want the consequences that might befall your crew on your conscience.

You are the crew supervisor of a group of men and women who clean offices for commercial office buildings in downtown Manhattan. Few of them speak or read English, and part of your job is to give them their instructions in Polish and Spanish, as the case may be. Your Spanish is pretty good, but your Polish is rudimentary at best. The firm you work for, Commercial Cleaning, LLC, has just switched cleaning agents to a highly effective, but highly toxic cleaning agent for marble floors which is dangerous to humans and to the environment, and requires complex and special handling. You're not even sure you could explain the instructions to the Spanish-speaking employees, let alone the Polish employees. You've raised the issue with your boss, who tells you not to worry about it. He said that even if the employees became ill by using the product, the illness would not show up for a long time, so there's no way to connect it with the firm. He refuses to provide instructions translated into Spanish and Polish, or latex gloves which are required for its handling. You have a choice. You know that some actions would put your employer first, some would put yourself first, and some your crew. Of the following actions, which would put your crew first? ​- Do nothing. The decision is out of your hands. - ​Report the firm anonymously using the OSHA hotline. Quit and get another job. - ​Try the best you can to explain to your crew, using gestures and pantomiming, how to use the new cleaning agent, and recommend that they get gloves. Hope that no one becomes ill. - ​Get a translation into Spanish and Polish of the complex instructions. Pay for it yourself. You don't want the consequences that might befall your crew on your conscience.

you should allow the employee to go to trial because the termination was based on performance appraisals that were tainted by consideration of the employee's race

You are the judge hearing a Motion for Summary judgment filed by an employer in the case of an employee who has been terminated. The employee was the sole African-American customer service representative at the firm, who had a lengthy record of good evaluations. However, she received more negative evaluations over a period of three years after a new supervisor was hired, and the more stringent requirements applied to her were not applied to white employees. After 3 years, the employee was then selected for termination in a downsizing based on the previous 3 years' evaluations. Based on this evidence, what should you decide?

have both candidates meet with your team, each one separately, and get their input on the candidates; then make the decision on your own, objectively

You are the manager of your division at a large technology firm, and have been waiting to get approval to hire a new person. You have someone in mind: your long-time friend and college roommate, who you know would be a terrific fit with your team. But you are also aware that the company wants to increase its diversity, especially with regard to women. You worry about this, since your team is all male, and adding a woman would change the dynamics considerably. You've now advertised the new position, as required, and the two best candidates are your friend, and a Latina woman you have never met before. Neither candidate has met your team. Of the following, which would be the best decision?​ - hire your friend; you know he'll fit with the current team​ - ​have both candidates meet with your team, each one separately, and get their input on the candidates; then make the decision on your own, objectively - ​hire the woman; the firm will be happy that you've improved diversity - ​have both candidates meet with your team, each one separately, and get their input on the candidates; then decide based on their preference

tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice

You have just been hired as the new Assistant Human Resources Manager at your firm, having worked your way up from the factory floor to the administrative suite. During your briefing for the new job, you are told that the firm has learned that its employees are attempting to unionize, a move which the firm has vowed to fight. As part of that effort, your boss, the HR Manager, has asked you to privately talk to some of your former co-workers on the factory floor to see what their thinking is, to learn about how many are in favor of unionizing, who, specifically, is supporting it, and what might make them change their minds. Among the things they want to know is what would work better - threats of reprisals against those supporting a union, or promises of benefits to those who oppose it. You are eager to do well at your new job, but you see some problems with these requests. Of the following choices, what should you do? ​- tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice - ​do as they ask; none of it is illegal - ​tell them you can't do what they ask because it is illegal

The employee alleges he was never told why he was being fired, and thinks it was because he is Irish. He claims discrimination based on national origin.

You have just been hired as the new HR Director of your firm, and have received a complaint and summons served by the sheriff, relaying the lawsuit filed by a former employee. As you read through the complaint, you can see that the employee himself wrote it (and not a lawyer), but think you recognize what your predecessor did wrong. It was this

The employee alleges he was never told why he was being fired, and thinks it was because he is Irish. He claims discrimination based on national origin.

You have just been hired as the new HR Director of your firm, and have received a complaint and summons served by the sheriff, relaying the lawsuit filed by a former employee. As you read through the complaint, you can see that the employee himself wrote it (and not a lawyer), but think you recognize what your predecessor did wrong. It was this:

all except 'nothing; maybe the employee will withdraw his claim for disability benefits"

You have just been hired as the new Human Resources Manager for your firm. On your second day, an employee filed for disability benefits due to a recent injury. Not knowing about a disability policy through this firm, you search the files and discover that the firm canceled a long term disability on the employee without notifying him. What should you do?​ ​- nothing; maybe the employee will withdraw his claim for disability benefits - all except 'nothing; maybe the employee will withdraw his claim for disability benefits" - ​send official notice that the disability policy had previously been canceled - ​none of these - ​call the employee to tell him that the disability policy had previously been canceled

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

You have just concluded an employment interview with an applicant you like, who is qualified for the inside sales job you have been interviewing for, and have made a conditional offer of employment. You tell the applicant that you want her to take a medical exam, and if she passes, she has the job. She is at first obviously happy and seemingly relieved, but then breaks down in tears. She tells you that a medical will show that she is HIV positive. What should you do?​ ​- Tell her not to worry, and that if she otherwise passes the medical exam, she has the job - ​none of these - ​Tell her that you're sorry to hear about her affliction, and obviously, you cannot hire her - ​Report her to the County Health authorities

yes, because communication will be an integral part of the job, and most often communication will be required in an emergency situation

You need to hire a new medical technician for the emergency room of your hospital. The technician must have a thorough knowledge of medical terms and procedures, and will be interviewing patients to determine the nature and extent of their problems before they are routed to a doctor or to the waiting room. Most of the qualified candidates will be those who comes from Asian countries, who have studied medicine in their home countries, but whose MD degrees are not recognized by the U.S. Can you require that only English-speaking candidates need apply?​ ​- no, because most of the qualified candidates will be from countries for which the first language spoken is not English - ​no, because under Title VII, English-only speaking requirements are presumptively discriminatory - ​yes, because communication will be an integral part of the job, and most often communication will be required in an emergency situation - ​yes, because most of the patients will be English speaking

report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it before anyone else is injured

You work in a large office in the "bullpen," a large open area of desks, chairs and computers, where about 50 people work, separated only by low-level cubicle walls. In this area, several teams of people work together on different projects. Lately, there have been a lot of pranks played by one rowdy team upon another team (not yours), which have escalated. Yesterday, someone lowered the seat of a worker's chair while he was out of his cubicle, and when he returned and attempted to sit down, he fell and injured his back. You believe this conduct needs to stop, but management has so far ignored the situation. What should you do and why? ​- report the behavior to OSHA, and ask for an inspection; OSHA can't reveal your name, so no one will know (though the company may get in trouble) - ​report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it before anyone else is injured - ​do nothing; if you report this conduct, you'll be ostracized by your co-workers; besides, its harmless horseplay

yes; Title VII is not relevant. Although most churches prefer to hire members of their own flock even for secular positions, there is no requirement to do so

You've been attending the same Presbyterian Church for the last 11 years, and the Pastor has asked you to serve as Church Secretary and manage the office. One of your tasks will be to put together the bulletin for services each Sunday, but you'd also like to create a website for the church. When you tell the Pastor, he thinks it's a wonderful idea, and sets aside some money to pay for the creation of the church's website. After a diligent search for qualified candidates, you've come up with two. The only trouble is that the best candidate is not Presbyterian, but Anglican. Can you hire her?​ ​- none of these - ​yes; Title VII contains an exemption for religious bodies who hire for secular positions - ​yes; Title VII is not relevant. Although most churches prefer to hire members of their own flock even for secular positions, there is no requirement to do so. - ​no; because this is a Presbyterian Church, you must hire a Presbyterian

Don't do it, even though your boss will may not understand. Tell him that if the situation were reversed, that is, if she was asking you to spy on him, you wouldn't do that, either. Tell him that this is a private matter, between him and her. Hope that he understands.

Your boss has told you that he suspects that his wife (whose desk is next to yours) is cheating on him, and having an affair with another man. Because your desk is next to hers, he has asked you to check her computer for evidence of this when she steps away from her desk, which she frequently must do. In the past, she has asked you to watch for urgent emails from customers and others while she was gone, and to page her, which you have done. So even if she came back unexpectedly and found you at her computer, it would probably not arouse her suspicion. Although you are reluctant to do this, he is your boss, and could make things difficult for you. What should you do? ​- Don't do it, even though your boss will may not understand. Tell him that if the situation were reversed, that is, if she was asking you to spy on him, you wouldn't do that, either. Tell him that this is a private matter, between him and her. Hope that he understands. - ​Do it even though you're reluctant to do so. You have nothing to lose and everything to gain. If it turns out she is having an affair, he needs to know, and if there's no evidence of it, he will be relieved - and grateful.

EO #11246

Your firm has just gotten a contract with the U.S. government to build security gates for the fence along the U.S.-Mexican border. In addition to the employment laws which already apply to your business, the following will now also apply: ​- the Federal Security Fence Funding Act of 2008 - ​EO # 11246 - ​all of these - ​none of these - ​Title IX

​place the ad, but also review your saved resumes for this position from previous applicants, knowing that they are a diverse group; start calling them in for interviews immediately, and hopefully, hire someone within a week

Your new boss has asked you to advertise for a job opening at the firm, but said he did not want to hire any "foreigners," by which he means, anyone who is not 100% a Caucasian, and a male. He also insists that you fill the position within one week. You know, from personal experience, that when you advertise this job for only a week, only white male applicants will apply. Given your legal and ethical obligations in this situation (and wanting to keep your job), the best course of action for you to take would be:​ ​- tell your boss that the law requires that you place the ad for two weeks; do that, then hire the best of the applicants who apply - ​quit and go find another job - ​place the ad, and hire a white male for the position within one week - ​place the ad, but also review your saved resumes for this position from previous applicants, knowing that they are a diverse group; start calling them in for interviews immediately, and hopefully, hire someone within a week

the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site

Your office is being expanded, which is good, but the noise of construction is bothering some workers. Some complain of headaches, others of hearing problems. If you are the Safety Director for the firm, which of the following would you recommend as the best remedy? ​ - ​those who are suffering from hearing problems and headaches should go home - ​the construction firm should be ordered to work more quietly - ​the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site - ​all of these

No

Your sister works at a large, well- known firm which has had trouble sustaining the kind of profit margins their shareholders want to see. In order to keep their numbers up over the years, they have tried every cost-cutting measure they could think of, including some that were of questionable legality. You know about this only because you and your sister talk regularly. You know that she is concerned about losing her job, as there have been many rounds of downsizing, and you have promised her that you would not disclose these matters to anyone. Yesterday, she told you that the firm has been using temp workers for about the last two years, and they are a continuing problem. They come from a temp agency, and there are new workers every month or so, whom she must train. They do little to no work all day, and they are seemingly accountable to no one, since the supervisors don't make them work, yet they still get paid. Your sister knows you are taking this Employment Law course, and she wants you to tell her whether what the company is doing with the temp ​- No - ​Yes