Exam 4 Questions

Pataasin ang iyong marka sa homework at exams ngayon gamit ang Quizwiz!

Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that

COC refused to make reasonable accommodation for Beth.

A closed shop is a firm that rejects union membership as a condition of employment.

False

A consumer who receives unsolicited merchandise must return it within three business days.

False

Advertising will not be deemed deceptive so long as it appears to be based on factual evidence, even if it is not.

False

All employers in the United States are subject to federal employment discrimination laws.

False

All environmental law consists of statutes and regulations.

False

An employee can continue the health benefits provided by his or her employer for a period of time only on an involuntary loss of employment.

False

An employer is not liable for the sexual harassment of an employee by a co-worker.

False

An employer is not liable for the sexual harassment of an employee by the employee's supervisor.

False

An employer may hire an illegal immigrant if the employer files a special form.

False

Employers can agree with unions not to handle, use, or deal in non-union-produced goods.

False

Food labels are not required to provide standard nutrition facts.

False

If an agency decides that an environmental impact statement is unnecessary, it need not issue a statement supporting this conclusion.

False

Job requirements that relate to job performance cannot violate employment discrimination laws.

False

Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination.

False

Non-workers do not have a right to picket an employer during a strike.

False

Only offshore oil facilities that discharge oil into navigable waters are liable for the clean-up costs.

False

Race can be a bona fide occupational qualification.

False

Requiring union membership as a condition of continued employment is legal.

False

The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against persons over eighteen.

False

The Americans with Disabilities Act of 1990 defines disabled persons as persons impaired mentally or physically "in any way."

False

The Environmental Protection Agency can regulate a substance that poses an imminent hazard but cannot prohibit the use of a substance altogether.

False

The employment-at-will doctrine is little used today.

False

There are no exceptions to the employment-at-will doctrine.

False

There is no distinction between regulating the information dispensed about a product and regulating the actual content of the product.

False

Under current law, an employer cannot adopt an affirmative action plan.

False

When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.

False

Fabio makes a living by farming near Gastric Combustibles, Inc., which has discharged pollutants into the area's air and water. If Fabio brings a suit asking for an injunction against Gastric on the ground of nuisance, the court is most likely to rule in Gastric's favor if

Gastric's operation is the core of the local economy.

Lita replaces Manny in his job at Neighborly Business Corporation (NBC). Manny believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply

Manny must be forty years of age or older.

Pam is an administrative employee of Quality Assurance Company. Social Security contributions to help pay for Pam's loss of income on retirement are made by

Pam and Quality Assurance.

All ads-both online and offline-must be truthful.

True

An employer may campaign among its workers against a union during a union election campaign.

True

An employer who hires and fires workers according to a fair seniority system may have a good defense to an employment discrimination suit.

True

At least one court has held that an affirmative action program violated the U.S. Constitution.

True

Buyers of goods sold door to door can cancel their contracts within three business days.

True

Employer who willfully violates safety regulations can be prosecuted under state criminal laws.

True

Federal labor law protects employees' right to strike.

True

Federal law governs unions' internal business procedures.

True

Firing a worker who refuses to perform an illegal act violates public policy.

True

Generally, an employer's monitoring of electronic communications in the workplace does not violate employees' privacy rights.

True

Injured individuals can rely on the common law to obtain damages and injunctions against business polluters.

True

It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.

True

Labels on fresh meat must indicate where the food originated.

True

Manufacturers are required to report on any products intended for sale if the products have proved to be hazardous.

True

Merchants must issue a refund within a specified period of time when a consumer cancels an order.

True

Merchants must ship orders within the time promised in their ads.

True

Only state law governs drug tests of private-sector employees.

True

State laws may restrict a business's discharge of chemicals into the air or water.

True

State laws often provide more sweeping and significant protections for the consumer than federal laws.

True

The Clean Water Act includes special provisions for oil spills.

True

The key federal statute regulating the credit and credit-card industries is basically a disclosure law.

True

To bring an action against an employer based on intentional discrimination, a person must show that he or she is a member of a protected class.

True

To recruit employees from other countries, an employer must first complete a verification process.

True

Under the Americans with Disabilities Act of 1990, a person with a physical impairment that "substantially limits" everyday activities is disabled.

True

Unions must allow their members to participate in union meetings.

True

Silky Coordinates, a women's clothing store, employs female attendants to assist customers in the dressing rooms. Radley, a forty-one-year-old male, applies for an attendant's job, but is not hired. In Radley's suit against Silky for employment discrimination under Title VII, the store has

a bona fide occupational qualification defense.

Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is

a constructive discharge on the basis of gender discrimination.

David's family came to the United States from Ukraine in 1895. Eva's family came to this country from Vietnam in 1995. Fiona's family came from Mexico in 2005. Current immigration laws are based on

a system of sanctions against employers who hire illegal immigrants.

Industry Processes Corporation generates solid waste considered hazardous. Industry labels and packages properly all waste to be transported to a disposal site. Under the Resource Conservation and Recovery Act, this is most likely

a violation because Industry generates solid waste.

A barge owned by Oceanic Shipping Company accidentally runs aground, spilling the oil contained in its hold into the sea and onto the shore. Under the Clean Water Act, this is most likely

a violation.

Without a permit from the U.S. Army Corps of Engineers, Holiday Timeshares, Inc., fills a wetlands area that it owns before constructing a residential resort. Under the Clean Water Act, this is most likely

a violation.

Svetlana, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on

age.

Missoula, Montana, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by

all other levels of government.

Myron is an employee of Nero. Either party can terminate the employment relationship at any time for any reason without liability. With respect to the employment-at-will doctrine, this is

an example of the doctrine.

Thalia is an employee of Universal Insurance Company. Universal's employee manual states that workers will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

an exception based on contract theory.

The Environmental Protection Agency (EPA) has the authority to regulate "any air pollutant." Fresher Air Group, a private organization that supports cleaner air, can file a suit against the EPA to

compel the EPA to act or prevent it from acting.

ChemoCorp, Inc., makes and sells pesticides. If a substance is identified as harmful and the harm is imminent, the Environmental Protection Agency, among other things, can

conduct an inspection of ChemoCorp's plant.

Emma, Frick, Glenda, and Huey are employees of different-sized employers in different industries. A minimum wage must be paid to employees in

covered industries only.

Piku files an employment discrimination suit against Quotient Accounting, Inc., under Title VII, based on its discharge of Piku. In these circumstances, possible relief under Title VII includes

damages or job reinstatement.

To generate sales, Yakkity-Yak, Inc., uses phone solicitation. Under federal law and Federal Trade Commission regulations, in soliciting business, Yakkity-Yak's telemarketers must

disclose all material facts related to a sale.

Olly applies for a job with Petro Company. Petro does not hire Olly because of his ethnicity, or national origin. This is

disparate-treatment discrimination.

GR8 Fashion, Inc., complains to the Federal Trade Commission (FTC) about an ad broadcast by Hott Clothes Company, GR8's competitor. The FTC investigates and concludes that the ad is deceptive. The FTC's next step is to

draft a formal complaint.

Ultra Kleen, Inc., operates a chain of laundry establishments throughout the United States. The government entities that are most likely to be involved in regulating the chain's environmental impact are

federal and state administrative agencies.

Link and Meryl are employees of Natural Resources, Inc. (NRI). When Odel, the president of NRI, learns that Link and Meryl are active in union activities, he discharges them. Link and Meryl may bring an action against NRI under

federal labor law.

Cora, a female, and Dom, a male, are employees of Equipment Leasing Corporation. Cora regularly e-mails sexually explicit images to Dom via Equipment Leasing's computer network. Dom finds this offensive. This is

hostile-environment harassment.

Rock Mining Company operates a gravel pit next to Sid's residence. Sid files a suit against Rock, alleging that the pit is a nuisance and unreasonably interferes with Sid's enjoyment of his property. The court is most likely to award Sid damages

if letting the pollution continue is less harmful than stopping it.

Service Employees International Union would like Tasty Cafés, Inc., to require union membership of its job applicants as a condition to obtaining employment. This is

illegal in all states.

Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for new hires who work under the employer's direct supervision

including contractors and day workers.

Uri is an employee of Verity Security Services. For Uri to obtain the benefits of federal wage-hour requirements, Verity must be engaged in

interstate commerce.

First National Bank may subject its employees to lie-detector tests when investigating

losses attributable to theft.

During a union election campaign at Skyscraper Construction Corporation, the employer can, without monitoring or regulating by the National Labor Relations Board, threaten employees with

neither a layoff nor a reduction in benefits and wages.

Under the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping Act), Bayside Chemical Company may dump its chemical waste into the ocean

not at all.

Research Statistics Corporation uses a merit system to pay its employees according to their job performance. Suki, a female, and Troy, a male, are Research employees with comparable jobs. Due to superior performance, Suki is paid more than Troy. This is

not discrimination.

Hoppy, who works as an employee for Imperial Power Corporation, suffers an injury in an accident. Hoppy will be compensated under state workers' compensation laws

only if the injury occurred on the job.

Travel Tours Company faxes ads to Uri and other individual consumers without the recipients' permission. This is subject to

possible fines by the Federal Communications Commission.

Consumer Finance Corporation (CFC) extends credit to consumers. CFC is subject to the Equal Credit Opportunity Act, which prohibits credit dis-crimination based on

race.

Hi-Yield Agriculture, Inc., makes a pesticide with a risk to people of developing cancer from exposure of one in a million. This substance must be

registered before it is sold.

Steel Tool Company makes and sells tools. One of the tools is believed to be hazardous. The appropriate government agency may require Steel to

remove the tool from the market.

Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is

required.

On behalf of RiteNow Collection Agency, Sid poses as a police officer in an attempt to collect payment from Tylo for a shipment of scuba equipment that she returned to Undersea Company two months earlier. This violates

the Fair Debt Collection Practices Act.

Essential Foods Corporation makes and markets a variety of processed food products. The federal agency responsible for enforcing health regulations concerning food is

the Food and Drug Administration.

Metro City operates its own municipal public drinking water system. With regard to pollutants, this system is primarily subject to

the Safe Drinking Water Act.

Over a forty-year period, Ewa worked in a variety of jobs. She was also occasionally unemployed, briefly hospitalized, and suffered a temporary disability. She retired last year. The key law on all of these subjects is

the Social Security Act.

Tory borrows $10,000 from USA National Bank to remodel a room in her home. This transaction is subject to

the Truth-in-Lending Act.

Brad borrows $20,000 from Citizens Bank to repair his home and to buy a car. Brad buys a stereo from Deep Discount Store in a transaction financed by Deep. If these parties are subject to the Truth-in-Lending Act, Regulation Z applies to

the car loan, the home repair loan, and the retail installment sale.

Network Industries, Inc., wants to monitor its employees' electronic communications. To avoid liability under laws related to employee monitoring, Network should discuss the monitoring with

the employees.

Hu, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by

the employer.

River Valley Company operates a public water supply system. River Valley must send to every household that it supplies with water an annual statement describing

the source of the water, and any contaminants and health concerns.

Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Under the Immigration Act of 1990, Fruits & Vegetables can hire illegal immigrants

under no circumstances.

The Social Security Administration hires Thorough Paving, Inc., to repave a parking lot. For this action, an environmental impact statement is most likely

unnecessary because the action is not "major."


Kaugnay na mga set ng pag-aaral

There There - Jacquie Red Feather

View Set

Ch. 3: Fieldwork and ethnography

View Set

Marketing Research: CH 4- "Using Secondary Data & Online Information"

View Set

Anatomy and Physiology, Digestive

View Set

Service Systems Final Multiple Choice

View Set

Reasoning and Decision-Making (Exam 3)

View Set

Ch 14: Gene Expression (Transcription/Translation)

View Set

Chapter 21: The Immune System: Innate and Adaptive Body Defenses

View Set