Law 3800 Ch 24 SB

The family and medical leave act does not cover ___

a friend's surgery

Which of the following is not a recognized defense to liability under the equal pay act?

a gender classification system

An employee who is not employed under a contract for a set duration or under a collective bargaining agreement is referred to as a(n) ___ employee.

at-will

The ___ defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature."

equal employment opportunity commission

Major pieces of federal legislation regarding labor-management relations in the United States are governed by all except which of the following?

the Humphrey-Agnew Act

Disparate ___ under title VII is a form of discrimination in which an employee is fired or denied a promotion based on membership in a protected class.

treatment

Which of the following is an accurate statement regarding state laws and discrimination based on sexual orientation?

some states currently prohibit discrimination based on sexual orientation

Which of the following is an accurate statement regarding employer liability for sexual harassment of employees by nonemployees?

Employers are liable for sexual harassment of employees by nonemployees only under very limited circumstances. Which of the following is an accurate statement regarding employer liability for sexual harassment of employees by

The ___ mandates that employees who work more than 40 hours in a week be paid no less than one and one-half times their regular wage for all hours beyond 40 worked in a given week.

Fair Labor Standards Act

The ___ act primarily governs the internal operations of labor unions.

Landrum-Griffin

The ___ is the administrative agency that interprets and enforces the National Labor Relations Act.

National Labor Relations Board

__________ is the organization that enforces the Occupational Safety and Health Act (OSHA).

The Occupational Safety and Health Administration

Under which of the following situations does an employer not have to offer consolidated omnibus budget reconciliation act coverage to an employee who has lost his or her job?

The employee is fired for gross misconduct.

Which of the following is not a recognized requirement for a successful claim under the americans with disabilities act?

The plaintiff's disability was of a physical, not mental, nature

Which title of the Civil Rights Act (CRA) of 1964 governs civil rights in employment situations?

Title VII

Which of the following is not a requirement for a system to be considered a bona fide seniority system?

The system is dependent on a bona fide occupational qualification defense

Which of the following is a way to prove discrimination under the title VII of the civil rights act of 1964?

disparate impact

at a minimum, employer privacy policies should cover all but which of the following issues?

employee right to all financial records of the employer.

disparate-___ cases arise when a plaintiff attempts to establish that although an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class.

impact

The BFOQ defense cannot apply to which of the following forms of discrimination?

race

Which of the following is not a valid reason to fire an employee under the employment-at-will doctrine?

race

If the equal employment opportunity commission decides not to sue for an alleged employer violation of title VII of the civil right act, it notifies the plaintiff of his or her right to file an action and issues the plaintiff a ___

right-to-sue letter

Which of the following is not type of discrimination specifically prohibited by title VII of the civil rights act of 1964?

sexual orientation

The merit defense to claims under the title VII of the civil rights act is usually raised when hiring or promotion decisions are partially based on ___.

test scores

Which of the following statements are true about the hiring of foreign workers by employers?

(1) Employers are required to confirm "work authorization," which means that every new employee, at the time of hire, must fill out Form I-9. (2) Employers who fail to comply with the laws regarding the hiring of foreign workers risk criminal and civil sanctions.

which of the following statements are true about the use of social media in firing decisions by employers?

(1) an employee's comments on social media are generally not protected if they were not made in relation to group activity among employees (2) employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law

When determining whether men and women do equal work and deserve the same pay under the EPA, what factor do courts not consider?

All of these factors help the court determine whether the work was equal.

Which of the following occurrences does not give employees family-medical leave under the Family and Medical Leave Act?

All of these occurrences are covered.

The goal of the ___ is to prevent employers from discriminating against employees and applicants with disabilities.

Americans with disabilities act

which of the following is an accurate statement regarding the amount of punitive damages in a title VII action?

An employer is not liable for punitive damages as long as it made good-faith efforts to comply with federal law.

Which of the following is a true statement about at-will employment?

An employer may not terminate an at-will employee for an illegal reason

Which of the following is not something required by the Employee Retirement Income Security Act (ERISA) for employers to provide?

Health plans for government employees.

The _____ Act was designed to curtail some of the powers unions had acquired under the Wagner Act.

Taft-Hartley

Tom works as a mid-range executive at a brake pad manufacturing firm. In the course of his duties, he finds out the chief officers are committing tax fraud and running a pyramid scheme through the company's resources. He decides to inform the authorities about the officers. What can we say about Tom?

Tom cannot be fired for being a whistle-blower due to the public policy exception

Tyler worked full-time as a maintenance worker at a factory. One day Tyler was fired. Under what circumstance below would Tyler be able to collect unemployment compensation under FUTA?

Tyler was fired as part of a reduction in force due to a slow economy.

Kirk desires to work at Victoria's Secret as a salesclerk. Part of the task of a salesclerk is to go into the fitting room with shoppers and measure their bust size either partially clothed or naked. Kirk applies for the job, but the person in charge of hiring refuses to hire him. She specifically states that he is the most qualified for the position, but she cannot hire him because he is a male and it could make female customers sexually uncomfortable. In this situation

Victoria's Secret has a bona fide occupational qualification defense

On June 26, 2015, in a historic 5-4 ruling, the Supreme Court of the United States found ___

ban on marriage equality to be unconstitutional

The process whereby workers organize and bargain with employers regarding the workplace is known as ___.

collective bargaining

Which of the following remedies is not available to an employee-plaintiff for his or her employer's violation of the americans with disabilities act?

corporate equity

Which of the following can constitute a hostile work environment in violation of title VII of the civil rights act of 1964?

discrimination based on religion

Joy is a 48-year-old waitress for a mom-and-pop restaurant employing 15 employees. Joy was up for a big promotion to be the shift manager of her company. Joy really thought she had the job, but she didn't get it. When she asked her boss why she was not promoted, he said, "You were just too old. We want someone who can serve in this position for 20 years and stay with the restaurant for the rest of their long life." In this situation

the ADEA does not apply because it applies to employers having 20 or more employees only.

workers' compensation laws use a(n) ___ procedure rather than a(n) procedure.

administrative; court

Which of the following is a distinct form of sexual harassment?

sexual harassment that involves the creation of a hostile work environment

which of the following statements are true about the use of social media in hiring decisions?

(1) An employer may use social media in hiring decisions. (2) Employers should preferably have someone other than the employment decision-maker do the social media screening.

the Wagner act of 1935 provides for ___

Collective bargaining

What is the maximum fine for violation of the Omnibus crime control and safe streets acct of 1968?

$10,000

During which decade was the age discrimination in employment act enacted?

1960s

During which decade was the Electronic communications privacy act passed?

1980s

During which decade was title VII of the civil rights act amended by the pregnancy discrimination act?

1980s

Which of the following is a defense to a claim under the title VII of the civil rights act?

A bona fide occupational qualification

Which class is protected under the Age Discrimination in Employment Act (ADEA)?

Ages 40 and up

_________ occurs when an employee is treated differently on the basis of being a member of a protected class

Disparate treatment

Under Title VII, which of the following is a type of sexual harassment?

Quid pro quo

Starr worked at Dewey, Cheatum & Howell, a law firm, for two years. One day she sent an email to her boyfriend from her work computer. The next day, during her lunch break, she decided to go online at work and order a new dress for her date that weekend. Later that evening, after everyone else had gone home, Starr went online at work and viewed a pornographic website. The next day, Starr was reprimanded by her employer. Which of the following is true with regard to Starr's right to use her employer's computer?

Starr has no reasonable expectation of privacy with regard to her use of her employer's computer; therefore, the employer was within its rights to reprimand her.

What is the first thing a plaintiff should establish to prove a case based on disparate impact?

The rule disproportionately restricts employment opportunities for a protected class