Law and Regulation for HR Final

What are the minimum and maximum ages of employees covered by the Age Discrimination in Employment Act? a) 40 and no upper age limit b) 40 and 70 c) 40 and 80 d) 40 and 65

a) 40 and no upper age limit

In your graduate HR law class you have been learning about transgenders and transsexuals. In your studies, you have learned that the following statement is true: a) All transsexuals are transgender. b) All transgenders are transsexual. c) No transgenders are transsexual. d) No transsexuals are transgender.

a) All transsexuals are transgender.

You are the HR director of Beauty Products, Inc. A manager has come to you for advice on what she can do with an employee who refuses to take his turn in the company's mandatory overtime schedule. The employee has cited family commitments as the reason he cannot work overtime and has stated he cannot be fired because family obligations fall under an exception to employment at-will. In regards to what the employee has claimed, you tell the manager: a) No, termination for family obligations does not violate any legally recognized right or duty of the employee. b) Yes, termination would violate the covenant of good faith and dealing. c) Yes, termination would breach an implied contract. d) Yes, termination would violate a public policy.

a) No, termination for family obligations does not violate any legally recognized right or duty of the employee.

You are the HR director of Wham Company and are charged with the responsibility of determining employee status. You know that degree of control is an important factor in determining employee status. Degree of control is an important factor in: a) The common law agency test and the economic realities test. b) The common law agency test but not the economic realities test. c) The economic realities test but not the common law agency test. d) Neither the common law agency test nor the economic realities test.

a) The common law agency test and the economic realities test.

You are the Vice President for Human Resources at Nuts R Us Company. Nuts is being sued by an employee who has alleged disparate treatment. You recall from your graduate studies that the following are elements of a prima facie case of disparate treatment discrimination except: a) The employer's job criteria seem neutral, yet there is an adverse impact on a protected group. b) The employee applied for, and was qualified for, the job. c) The employee was rejected, and the position remained open after the employee was rejected. d) The employee belongs to a protected class under Title VII.

a) The employer's job criteria seem neutral, yet there is an adverse impact on a protected group.

You work at Silver, Inc. Silver provides the spouses of female employees with life insurance coverage. Silver does not provide the same coverage to spouses of male employees. Which of the following is true? a) The male employees at Silver have a valid discrimination claim as providing different benefits for one gender than for another is unlawful under Title VII of the Civil Rights Act of 1964. b) The male employees at Silver do not have a valid discrimination claim under Title VII of the Civil Rights Act of 1964 because their spouses are expected to be covered under an insurance plan at their respective workplaces. c) The male employees at Silver do not have a valid discrimination claim as Title VII of the Civil Rights Act of 1964 does not protect employees of private employers. d) The male employees at Silver have a valid discrimination claim because gender can never be used as a bona fide occupational qualification.

a) The male employees at Silver have a valid discrimination claim as providing different benefits for one gender than for another is unlawful under Title VII of the Civil Rights Act of 1964.

You are an HR director for a large company. Your friend believes they have been subjected to racial discrimination and is wondering if there is an advantage to filing a racial discrimination case under 42 U.S.C. Section 1981 rather than Title VII. You tell her: a) The statute of limitations under Section 1981 is four years while it is only 180 days under Title VII. b) The statute of limitations under Section 1981 is 300 days while it is only 90 days under Title VII. c) The statute of limitations under Section 1981 is 180 days while it is only 45 days under Title VII. d) The statute of limitations under Section 1981 is 180 days while it is four years under Title VII.

a) The statute of limitations under Section 1981 is four years while it is only 180 days under Title VII.

Your friend Opah claims she is a victim of reverse discrimination. You had not heard of the term previously, so you decide to research it and find out that reverse discrimination is: a) a claim brought by a majority member who feels he or she has been adversely affected by the use of an affirmative action plan. b) a claim brought by a majority member who feels he or she is a member of a protected class. c) a claim brought by a woman in the workplace who feels she is a member of a protected class. d) a claim brought by a member of a protected class who feels he or she is underrepresented in the workplace.

a) a claim brought by a majority member who feels he or she has been adversely affected by the use of an affirmative action plan.

You took a job which required you to relocate, incur substantial moving expenses and decline another job offer. Soon after you started work, you discovered that your employer made misleading statements to you during the recruitment process. Under common law, you can sue your employer for fraud in the recruitment process if you can prove all but which of the following elements: a) concealment of a material fact. b) intention to deceive the applicant. c) reliance by the applicant on the misstatement. d) misrepresentation of a material fact.

a) concealment of a material fact.

You are the director of Human Resources at Blue Company. The president of Blue is concerned the company may have violated the Immigration Reform and Control Act (IRCA). She asks you to tell her about penalties that can be imposed for violations of IRCA. You tell her: a) criminal and civil penalties b) civil penalties only c) criminal penalties only d) injunctions only

a) criminal and civil penalties

You are the VP for Human Resources at Yammy Corportation. Ben is an employee of Yammy who has stated to you that he believes he has been the victim of race and color discrimination at Yammy and intends to sue the company. When Ben brings a lawsuit against Yammy for alleged race and color discrimination which state tort laws can he base his case? a) defamation, intentional infliction of emotional distress, and assault b) defamation and assault only c) intentional infliction of emotional distress and assault only d) defamation and intentional infliction of emotional distress only

a) defamation, intentional infliction of emotional distress, and assault

Your friend Zim knows you are a student in a graduate HR law class. Zim tells you he wants to file a discrimination claim against his current employer, Blue Ocean. Based upon what you have learned, you tell Zim that he cannot directly file a case in court. Instead, he needs to first file a case with the Equal Employment Opportunity Commission (EEOC). You explain to him that this requirement is referred to as: a) exhaustion of administrative remedies b) the doctrine of promissory estoppel c) affirmative action d) the bona fide occupational qualification defense

a) exhaustion of administrative remedies

In the U.S. Supreme Court case of Bostock v. Clayton County, the Court held that employees could not be discriminated against because they are: a) gay or transgender b) pregnant c) disabled d) over the age of 40

a) gay or transgender

You are the HR director of Bandit Scooters. Conner, an employee in Bandit's production department, maintains that his beliefs are a religion for purposes of Title VII of the Civil Rights Act of 1964. He has shown that his beliefs occupy the same place in his life as an orthodox belief in God would in the life of someone else. Having established this, Conner must: a) offer evidence that his religion played a motivating role in an adverse employment action. b) prove he is a member of an organized, established religion with other followers. c) offer evidence that his religion was not a motivating factor in an adverse employment action. d) prove he worships God in the form of a deity in a religious organization.

a) offer evidence that his religion played a motivating role in an adverse employment action.

In your graduate HR law class you have learned about the types of remedies that may be available to an employee who has been discriminated against. Some of the remedies are referred to as equitable relief. The following is not a form of equitable relief: a) Back pay b) Promotion c) Injunction d) Reinstatement

a) pay back

Frankson is an employee of Go Go Sports. Frankson believes he was discriminated against because he didn't receive a promotion he had applied for. Frankson has decided to sue Go Go and claim reverse race discrimination. In Franson's lawsuit, the ultimate burden of persuasion remains always on: a) plaintiff b) defendant c) government d) respondent

a) plaintiff

Zevon is a researcher employed by the Agricultural Research Service, a federal agency, in the United States Department of Agriculture. His supervisor, Michelle, has told him there negative documents about him in his personnel file. Zevon demands to see his personnel file, but Michelle refuses to grant him access to his files. In this case, Michelle has violated the: a) Privacy Act b) Electronic Communications Privacy Act c) Fourth Amendment d) Fourteenth Amendment

a) privacy act

As the new HR director, you have decided to hold a Zoom conference for managers about Title VII of the Civil Rights Act of 1964 (Title VII). During your presentation you tell the managers that Title VII prohibits discrimination in education, employment, public accommodations, and receipt of federal funds on the basis of: a) race, color, gender, religion, and national origin. b) race or gender only. c) race, gender and religion only. d) race only.

a) race, color, gender, religion, and national origin.

If someone verbally defames you, it's called: a) Slander b) Waiver c) Libel d) Breach

a) slander

You have accepted a job as Vice President of Sales for Wonder Industries. As a condition of your employment, Wonder requires that you sign a non-compete agreement (or covenant not to compete). In graduate school you took an HR law class and remember that the following is true: a) such an agreement is generally enforceable when the employee receives something in exchange for the agreement. b) the agreement violates the doctrine of promissory estoppel. c) the competitor receives something in exchange for the agreement. d) the agreement is contrary to the public interest.

a) such an agreement is generally enforceable when the employee receives something in exchange for the agreement.

You earned your MBA and were offered a job at Big Bank. Big Bank recruiters promised that you would automatically receive a raise after six months of employment. Based on this promise, you accepted the job. After you worked for Big Bank for over six months, you did not get your raise as promised. You may: a) sue Big Bank for the misrepresentation that induced you to take the job. b) may not sue Big Bank because the promise did not induce you to take the job. c) not sue Big Bank because statements regarding salaries aren't considered misrepresentations. d) not sue because the misrepresentation was not intentional.

a) sue Big Bank for the misrepresentation that induced you to take the job.

You are in charge of hiring at Big City Water Services. You personally hired Ramano, who is 53 years old, to work as your assistant. After 2 years of working together you fired Ramano. Ramano is now pursuing an Age Discrimination in Employment Act in his lawsuit against Big City. The lawyer representing Big City has told you the company will be using the "same actor" defense in order to defeat Ramano's claim and it is likely the court will find there is no violation of the ADEA due to: a) the same actor both hired and fired the worker, so age was likely not the motivating factor. b) the worker satisfied the relevant criteria to be hired (presumably including age), and later was demoted or fired, it is unlikely that age would be the motivating factor. c) the fired workers ("the actor") performs in the same manner as when they were hired, and it is unlikely that age is motivating factor in the dismissal. d) All of the employer's employees are older workers.

a) the same actor both hired and fired the worker, so age was likely not the motivating factor.

You are discussing the Age Discrimination in Employment Act in your HR law class. Zeb, one of your classmates, states "in order to establish a prima facie case of discrimination under the Act, an employee must be able to show they are a member of the protected class and doing so is as simple as proving that he or she is at least age 40." Is Zeb's statement true or false? a) true b) false

a) true

You are female and have become a new manager at Tools, Inc. You recently hired Blake, a male, as your administrative assistant. You want to make sure Blake feels good about coming to work, so you have complimented him several times. Some of the things you have told Blake are - "that's a nice shirt" and "you look nice today." In this situation, Blake would not have a claim for sexual harassment. a) true b) false

a) true

You are the director of HR for Suds, Inc. Suds has only recently started hiring women. The president of Suds ask you what the company should do if one of the women employees becomes pregnant. You tell him, "if a pregnant employee is unable to perform her job because of her pregnancy, Suds should treat her just as any other employee who is temporarily unable to perform job requirements." Was your statement to the president true or false? a) true b) false

a) true

Your friend Babs is having problems at work. She knows you are taking a graduate HR law class and asks you about "employment at will." You tell her that the term means: a) Employees serve at the will of the employer. b) Both employees serve at the will of the employer and an employee can quit at any time and for any reason, even without offering advance notice. c) To leave a job, an employee must provide at least a two-week notice. d) An employee can quit at any time and for any reason, even without offering advance notice.

b) Both employees serve at the will of the employer and an employee can quit at any time and for any reason, even without offering advance notice.

You believe you have been subjected to discrimination in the workplace. In searching for where you should file a discrimination claim, you discovered that the ____________ is the federal agency with primary responsibility for handling most employment discrimination claims under federal law. a) Federal Civil Rights Agency (FCRA) b) Equal Employment Opportunity Commission (EEOC) c) Department of Justice (DOJ) d) Office of Federal Contract Compliance Programs (OFCCP)

b) Equal Employment Opportunity Commission (EEOC)

You are the new Vice President for Human Resources at ZYX Company and have just learned that some of ZYX's employees may have been misclassified. You are concerned because you know a willful misclassification of its workers by ZYX may result in harsh sanctions, including imprisonment and a fine of up to $10,000, under which of the following federal laws? a) Federal Unemployment Compensation Act (FUTA) b) Fair Labor Standards Act (FLSA) c) National Labor Relations Act (NLRA) d) Federal Insurance Contributions Act (FICA)

b) Fair Labor Standards Act (FLSA)

Your friend, Babette, is 61 years old and has been recently terminated from her job at Tried and True, Inc. She had worked at the company for over 10 years and had excellent performance ratings. Babette tells you that she believes her termination was due to her age and was retaliation by her boss. Babette tells you she has decided to pursue a retaliation claim pursuant to the Age Discrimination in Employment Act. From your studies in your graduate HR law class you know that: a) The ADEA prohibits retaliation only if it is in the form of a dismissal. b) Punitive damages may available for retaliation claims. c) Retaliation claims cannot be made by an employee if the employee has had a negative performance review. d) The ADEA does not protect federal employees from retaliation because the public sector language in the ADEA is different from the private sector language.

b) Punitive damages may available for retaliation claims.

You are studying Title VII of the Civil Rights Act of 1964 (Title VII) and have learned that only under the following circumstances can a court hear a discrimination case under Title VII: a) The EEOC has disposed of the case and the federal court considers the EEOC's prior determination. b) The EEOC has disposed of the case and the federal court handles the case as if were an entirely new case. c) The parties have refused mediation. d) The federal court can hear the case before the EEOC.

b) The EEOC has disposed of the case and the federal court handles the case as if were an entirely new case.

You are a graduate student in an HR law class and have discovered that discrimination in the work place takes many different forms. One of the terms you have learned about is "glass ceilings." What does the term mean? a) men entering traditionally female-dominated professions such as teaching and nursing. b) barriers that prevent women from moving up higher in the workplace. c) barriers that prevent women from moving laterally into areas that lead to higher advancement. d) workplace conditions and stereotyping that result in women always being closely observed no matter what they do.

b) barriers that prevent women from moving up higher in the workplace.

You are the Vice President of HR at Cayan, Inc. Igor was fired from the company and is suing it alleging discrimination. He has articulated a prima facie case of discrimination based on national origin. Cayan now has the burden to: a) identify a bona fide occupational qualification. b) both identify a bona fide occupational qualification and identify a legitimate nondiscriminatory reason for the adverse employment action. c) establish that no other employee was subjected to such disparate treatment. d) identify a legitimate nondiscriminatory reason for the adverse employment action.

b) both identify a bona fide occupational qualification and identify a legitimate nondiscriminatory reason for the adverse employment action.

You are the manager of a department at Flavor City, Inc. and had to verbally reprimand Tomas, one of your subordinates for performing his duties in a dangerous manner. Your actions angered Tomas and to get you back he posted a copy of your criminal record in the employee's break room. You: a) do not have a case for intrusion into seclusion as your criminal record is a product of your own doing. b) do not have a case for public disclosure of private facts as criminal records are public information. c) have a case for libel as Tomas has disclosed information without your consent to the public. d) have a case for intrusion into seclusion as Tomas has forced you into seclusion by revealing your criminal activities.

b) do not have a case for public disclosure of private facts as criminal records are public information.

You are the president of a Boutiques, Inc., retail clothing store chain. Your stores are located in major metropolitan areas and your employees have a variety of religious beliefs. Your HR director has informed you that for Boutiques to be required to accommodate a religious conflict, the employee's underlying belief: a) must be known to the employer, or one the employer previously encountered. b) does not have to be a belief in a recognized religious deity. c) must be a sincerely held belief of the employee based on the employer's questioning and independent investigation. d) None of the choices are correct.

b) does not have to be a belief in a recognized religious deity.

You are a graduate student in an HR law class studying affirmative action. You have learned that affirmative action applies to: a) all employers, public or private. b) employers who have 50 or more employees who have contracts with the federal government to provide the government with goods or services worth $50,000 or more. c) employers who have 20 or more employees who have contracts with the federal government to provide the government with goods or services worth $50,000 or more. d) public employers and private employers who have 20 or more employees.

b) employers who have 50 or more employees who have contracts with the federal government to provide the government with goods or services worth $50,000 or more.

No country other than the United States recognizes the need for legislation to ensure that people with disabilities are not subjected to discriminatory treatment in the workplace. a) true b) false

b) false

One of your classmates in your graduate HR law class states that an employee who has a religious conflict has no duty to assist with their employer's attempt to accommodate the conflict. Is your classmate's statement true or false? a) true b) false

b) false

One of your classmates in your graduate HR law class states that atheism cannot be considered the equivalent of a religion for the purposes of Title VII of the Civil Rights Act of 1964. Is your classmate's statement true or false? a) true b) false

b) false

You are a student in a graduate HR law class who has been studying affirmative action. In a discussion with your classmate, she says "affirmative action mandates hiring of underrepresented groups, regardless of their qualification for the job." The description of affirmative action by your classmate is: a) true b) false

b) false

You are the new HR director at Drummer Industries. Ashlyn, an employee of Drummer, meets with you and tells you that Drummer must adopt policies accommodating LGBTQ employees in the workplace. She says it is the right thing to do, and besides non-LGBTQ employees don't have any real basis for disagreeing with such a policy. Are Ashlyn's assertions true or false? a) true b) false

b) false

You are the president of Orange Banjos, Inc. and are attempting to ensure Orange is a good place to work for all of its employees. In a conversation with your senior management leadership team, you mentioned that you would like start a discussion about race with the employees of Orange. Your VP for HR responded that "the only time a discussion about race should be initiated in a workplace is in the midst of an allegation of racial discrimination." Is the statement made by the VP of HR true or false? a) true b) false

b) false

Your "know it all" friend states "national origin and citizenship" are the same. Is your friend's statement true or false? a) true b) false

b) false

Your friend Sarah maintains that the Defense of Marriage Act (DOMA) defined marriage, for federal purposes, as between any two individuals, regardless of their gender identities or sexual orientations. Is Sarah's position true or false? a) true b) false

b) false

Your friend is upset because he has learned that his employer monitor's calls he makes on his office telephone. He tells you that according to the Electronic Communications Privacy Act an employer is not permitted to monitor an employee's telephone calls even when the equipment used for the call is what is used in the ordinary course of business. Is your friend's statement about the Privacy Act true or false? a) true b) false

b) false

You are the HR director of Wing Nuts, Inc. Wing Nuts has adopted an affirmative action plan under E.O. 11246. In explaining the plan to upper management, you state it: a) is developed without input or consent of the employer. b) is a management tool—integral to conducting business. c) interferes with the effective management of the business by mandating the hire of unqualified, inexperienced employees. d) prohibits termination of women or minorities, even if they cannot effectively perform the necessary elements of their job.

b) is a management tool—integral to conducting business.

Your friend, Beatrice, has filed an employment discrimination complaint with the Equal Employment Opportunity Commission (EEOC). She knows you have been studying HR law, so she asks you what will happen next. You tell her after the EEOC completes its investigation in her case: a) it will give her a dismissal and a right-to-sue letter if reasonable cause for the employee's discrimination complaint is found. b) it will give her a dismissal and a right-to-sue letter if no reasonable cause for her discrimination complaint is found c) the EEOC requires the employer to pay compensatory damages within 30 days of the discriminatory event d) she is prohibited from pursuing the matter further in federal court if she is not satisfied with the EEOC's ruling

b) it will give her a dismissal and a right-to-sue letter if no reasonable cause for her discrimination complaint is found

You are a graduate student studying HR law. Recently, you learned about Title VII and protected categories. Now you know, pursuant to Title VII, there is a duty to reasonably accommodate conflicts arising from the protected category(ies) of: a) religion and gender b) religion only c) religion and race d) religion and national origin

b) religion only

In your studies of HR law, you have found that employers can be found liable for racial harassment. You have also learned that to hold an employer liable for such harassment, an employee must show that: a) the harassment was severe or pervasive enough to alter the conditions of employment. b) the harassment was severe or pervasive enough to alter the conditions of employment and the harassment was unwelcome and based on race. c) the harassment involved physical abuse. d) the harassment was unwelcome and based on race.

b) the harassment was severe or pervasive enough to alter the conditions of employment and the harassment was unwelcome and based on race.

As the new director of HR at Clean Industries, Inc., you are involved in drafting a policy related to the Americans with Disabilities Act. In the policy you use the term "essential functions of a job." As used in the Act, this term best refers to: a) tasks so designated by an employer as ancillary to the achievement of the job's long-term goals. b) those tasks that are fundamental, and not marginal or unnecessary, to fulfillment of the job's objectives. c) those tasks that are required to be performed in case of any emergencies. d) tasks so designated by the Equal Employment Opportunity Commission (EEOC).

b) those tasks that are fundamental, and not marginal or unnecessary, to fulfillment of the job's objectives.

You are the new Vice President for HR. The president has asked you to brief him about a term he recently heard called bona fide occupational qualification (BFOQ), as well as the Age Discrimination in Employment Act of 1967 (Act). During your briefing, you tell the president in the absence of age as a BFOQ, the Act prohibits discrimination against an individual __________ years of age or older and applies to employer who have __________ or more employees. a) 35, 20 b) 40, 15 c) 40, 20 d) 50, 20

c) 40, 20

As the director of Human Resources at Cosplay, Inc., you approved the hiring of Zelda. After Zelda's hiring she was driving a company vehicle which was involved in an accident which unfortunately killed two people. After the accident, you discovered that there had been no background check or driving record check done on Zelda before or after her hiring. You also discovered that Zelda had a long history of intoxicated driving, had been involved in many accidents and did not have a valid drivers license at the time she was hired or at the time of the accident. In the lawsuits which arose out of the accident brought on behalf of the two people who were killed, which of the following would cause Cosplay to be subject to a claim of negligent hiring? a) Failure to use word-of-mouth recruiting to obtain new employees. b) Failure to provide a reference about a former employee. c) Failure to conduct a reasonable and responsible background check on an employee. d) Failure to correct an employee's mistaken belief about a job or an organization.

c) Failure to conduct a reasonable and responsible background check on an employee.

Maria is the president of Big Truck Manufacturing. Big Truck has 250 employees. About 35% of the employees are female. Some of the manufacturing processes used by Big Truck could expose pregnant women to substantial risks. You are the VP for HR and Maria asks you if there are any policies that could be put into place to protect pregnant employees. Which of the following is the most correct advice you could give her? a) Fetal protection policies are policies adopted by an employer that limit or prohibit employees from performing certain jobs or working in certain areas of the workplace because of the potential harm presented to pregnant employees, their fetuses, or the reproductive system or capacity of employees. b) Employers should consider whether adverse effects extend to men, and if they do, should provide protections for the men too. c) Fetal protection policies are policies adopted by an employer that limit or prohibit employees from performing certain jobs or working in certain areas of the workplace because of the potential harm presented to pregnant employees, their fetuses, or the reproductive system or capacity of employees and should consider whether adverse effects extend to men, and if they do, should provide protections for the men too. d) Fetal protection policies should never be applied to men in the workplace.

c) Fetal protection policies are policies adopted by an employer that limit or prohibit employees from performing certain jobs or working in certain areas of the workplace because of the potential harm presented to pregnant employees, their fetuses, or the reproductive system or capacity of employees and should consider whether adverse effects extend to men, and if they do, should provide protections for the men too.

You are the HR director for Balloons, Inc. You have just become aware of a lawsuit filed by a former employee against Balloons which alleges retaliatory discharge. You remember from your graduate HR law class that the following is true of retaliatory discharge: a) It is a way of penalizing employees due to some legitimate, non-discriminatory reasons. b) It exists when an employee quits her or his position; and retaliates against their former company on social media. c) It is a broad term that encompasses terminations in response to an employee exercising rights provided by law. d) It includes failure on an employer's part to accommodate a disability or a religious belief at the workplace.

c) It is a broad term that encompasses terminations in response to an employee exercising rights provided by law.

Anthony worked as an office assistant at a church for 5 years. In each of the 5 years, he received outstanding performance evaluations. However, he was terminated for failure to keep his church affiliation card current. Does Anthony have a religious discrimination claim? a)Yes, religious organizations cannot discriminate on the basis of religion. b) Yes, religious organizations need to be concerned with the reasonable accommodation of religious conflicts in the same way that other businesses are. c) No, religious organizations generally can discriminate on the basis of religion since religion is recognized as BFOQ reasonably necessary to the normal operation of the business. d) Yes, because the church must strike a balance between the beliefs that are core to their religion and an employee's right to their own religious beliefs.

c) No, religious organizations generally can discriminate on the basis of religion since religion is recognized as BFOQ reasonably necessary to the normal operation of the business.

Using gender stereotyping to play a significant role in evaluating an employee's work performance is a violation of Title VII of the Civil Rights Act of 1964. This was the holding of the U.S. Supreme Court in which of the following cases? a) Dothard v. Rawlinson b) Muller v. Oregon c) Price Waterhouse v. Hopkins d) Phillips v. Martin Marietta Corp.

c) Price Waterhouse v. Hopkins

You work in an open concept office, in a cubicle next to Bruce. You haven't been feeling well so you went to the doctor who performed various tests. You received a call from the doctor who told you that you have a serious, debilitating illness. Bruce overhead the conversation. You have not shared the information you received from the doctor with anyone. Without your knowledge or permission, Bruce told some of your fellow employees about your illness. You are rightfully very upset about this situation and meet with your attorney to see if there is anything you can do. Your attorney tells you, that Bruce has committed the following torts: a) Breach of contract b) Publication in a false light c) Public disclosure of private facts d) intrusion into seclusion

c) Public disclosure of private facts

You have been hired as the new HR director at Red, Inc. and have discovered that Red had an immediate need for a large group of workers to fulfill a project. Although Red followed its normal hiring processes, in some cases shortcuts were taken in the interests of getting the workers on board as quickly as possible. As a result, Red inadvertently hired some workers without proper documentation. Red's liability in this situation can best be described by which of the following? a) There is no liability for Red. If the undocumented workers are discovered, the consequences are for them and not for the company. b) Red didn't know that the workers weren't eligible to work in the U.S.; therefore, it cannot be held liable. c) Red is liable for failure to obtain proper documentation showing that the workers were eligible to work in the U.S. further, corporate officers of Red can be held personally liable for failure to satisfy these requirements. Civil and criminal penalties may apply. d) Only the person in charge of hiring at Red at the time the employees were hired will be held accountable for bringing in undocumented aliens.

c) Red is liable for failure to obtain proper documentation showing that the workers were eligible to work in the U.S. further, corporate officers of Red can be held personally liable for failure to satisfy these requirements. Civil and criminal penalties may apply.

At the time of your hiring as a salesperson at Zeppco Industries you were 50 years old. You were hired by Zeppco's director of sales, Juan. After 6 years, Juan terminated your employment and told you it was due to poor performance. You are now contemplating an age discrimination claim against Zeppco. Which of the following defenses will Zeppco most likely use if you bring such a claim? a) The comparative fault defense b) The contributory negligence defense c) The same-actor defense d) The assumption-of-risk defense

c) The same-actor defense

You are the HR director of Fast Boats. Betty Sue, an employee in the company's paint department has informed you that she has a religious conflict. What is Fast Boats required to do in regards to the conflict? a) Find an accommodation for the employee regardless of the burden or cost to the employer. b) To dismiss or ignore the employee's request if the employer believes that accommodating it will be too much of a problem. c) To accommodate, or attempt to accommodate, the employee's religious conflict unless it creates an undue burden on the employer. d) To convince the employee to drop the matter or face discipline up to and including termination of employment.

c) To accommodate, or attempt to accommodate, the employee's religious conflict unless it creates an undue burden on the employer.

Buster is an employee of Trucks, Inc. While on the job Buster badly injured Suzie, a customer of Trucks, Inc. It appears Buster may have exceeded his authority to act on behalf of Trucks, Inc. Since employment law based on agency principles imposed a duty Buster to act as authorized, if Buster did exceed his authority, which of the following is true? a) Trucks, Inc. is not liable for any loss or damage that results from Buster's unauthorized acts. b) Trucks, Inc. is liable for damages or losses incurred by Suzie and has no recourse against Buster for the losses incurred. c) Trucks, Inc. is liable for damages or losses incurred by Suzie, while Buster remains liable to the company. d) Trucks, Inc. is not liable for any loss or damage incurred by Suzie, unless the damage is beyond $35,000.

c) Trucks, Inc. is liable for damages or losses incurred by Suzie, while Buster remains liable to the company.

Sheila is a manager at County Trucks, Inc. One of the employees she supervises is Henry. Sheila is interested in having sex with Henry, but Henry isn't interested. Sheila is trying to think of ways she might entice Henry to have sex. If Sheila resorted to "quid pro quo" sexual harassment what would be involved: a) a promise of money in exchange for sexual activity. b) behavior that is repeated and severe. c) a workplace benefit given in exchange for sexual activity by the person being harassed. d) a past consensual sexual relationship.

c) a workplace benefit given in exchange for sexual activity by the person being harassed.

You are the HR director of To Much Fun, Inc. (TMFI). TMFI is undergoing a corporate management compliance evaluation. You explain the evaluation to senior management of TMFI by stating it is: a) used by courts to determine if federal contractors have implemented an appropriate affirmative action plan. b) conducted by the Equal Employment Opportunity Commission to determine if reverse discrimination has occurred. c) designed to determine whether employees encounter artificial barriers to advancement to mid- and senior-level corporate management. d) applied by courts to determine whether the affirmative action plan is a viable means of addressing workforce inequities.

c) designed to determine whether employees encounter artificial barriers to advancement to mid- and senior-level corporate management.

Gray, Inc. has 500 employees. 60% are female and 40% are male. All employees are subject to a dress code which requires them to wear a company uniform. Additionally, all male employees are required to keep their nails, hair and beards trimmed and all females are required to wear makeup. Based upon these policies, under Title VII of the Civil Rights Act of 1964, Gray's female employees: a) have a valid discrimination claim because the dress code results in disparate impact against them. b) do not have a valid discrimination claim because the act does not cover private employers. c) do not have a valid discrimination claim because the act does not prohibit an employer from using gender as a basis for reasonable grooming codes. d) have a valid discrimination claim because the difference in attire is based on gender and has no business necessity.

c) do not have a valid discrimination claim because the act does not prohibit an employer from using gender as a basis for reasonable grooming codes.

Geo is your friend at work. She is a female from Asia. Geo was recently fired after being late for work four times. Your employer's policies include one that states "an employee may be fired after being late for work three times." Your employer has consistently enforced this policy. Geo knows you are a student in a graduate HR law class and asks you if she has a national origin claim against your employer. You tell her she: a) has a national origin discrimination claim based on disparate impact. b) has a national origin discrimination claim based on disparate treatment. c) does not have a national origin discrimination claim because the employer was only trying to enforce a neutral policy. d) has a discrimination claim if she uses the bona fide occupational qualification defense to show that his employer's actions were unlawful.

c) does not have a national origin discrimination claim because the employer was only trying to enforce a neutral policy.

You are upset about your job at Big City Music. One night, you have too much to drink and decide to go take a selfie in front of the Big City Music sign. In the photo, you are making an obscene gesture towards the sign. You then post the image on Facebook and Tweet it, along with the statement that you work at Big City. You also include other undesirable and inappropriate comments about Big City. Your supervisor became aware of your post and Tweet and terminated your employment. Your termination is an example of getting: a) googled b) requeled c) dooced d) punked

c) dooced

Your aunt Martha knows you are taking an HR law class. She admits to you that she is quite sure how sexual orientation is different from gender identity. You tell her that: a) unlike gender identity, sexual orientation involves individuals who feel that their body and mind are at odds. b) sexual orientation can be corrected through gender reassignment surgery, whereas problems related to gender identity cannot be corrected through surgery. c) gender identity involves feeling that the body and mind are at odds. d) employers have greater flexibility in making workplace policies and decisions related to transgenders than they do in making workplace policies and decisions related to homosexuals.

c) gender identity involves feeling that the body and mind are at odds.

Florence is obese and works at Colorful Umbrellas, Inc. Her job requires her to set at a table to assemble parts of the umbrellas. Due to her obesity, Florence is not able to use the stool provided by Colorful to employees. Florence requests a different chair, but Colorful refuses. Florence is protected under the Americans with Disabilities Act only if: a) her obesity is transitory. b) her type of obesity is not widely prevalent. c) her obesity is due to a physiological condition. d) her type of obesity is temporary.

c) her obesity is due to a physiological condition.

You are the Vice President of HR for Canyon Expeditions. Recently you learned that Harold, a representative from a company that performs monthly service on the kayaks used by Canyon, has been sexually harassing Bill, one of Canyon's employees, every month during the service calls. You are very concerned, because this type of sexual harassment is: a) quid pro quo sexual harassment b) non-employment-related sexual harassment c) hostile work environment sexual harassment d) private sexual harassment

c) hostile work environment sexual harassment

Jena and Ben are employees of Big City Electronics. They began to have a consensual sexual relationship. After a few months, Jena told Ben she did not want to continue the sexual relationship. If Ben continues to pursue Jena for sex even though she has told him no: a) it is sexual harassment only if the harassee is a female employee. b) it is sexual harassment as the law strives to totally devoid workplaces of sexuality. c) it can become sexual harassment at the time the activity is no longer consensual. d) it cannot be termed sexual harassment as it was once consensual in nature.

c) it can become sexual harassment at the time the activity is no longer consensual.

You are the first director of HR for Blue Wave Boards and are in the process of establishing procedures for how sexual harassment claims will be handled. One scenario you are addressing is how to respond to an employee alleging harassment, if the employee requests that their alleged harasser not be informed of the investigation out of fear of retaliation. Blue Wave's procedure in such a case should be: a) agree to this because of the harassee's fear of retaliation. b) agree to this, and the alleged harasser should not be informed. c) not agree to this, and the alleged harasser should be informed of the investigation so that his/her side of the story is on the record too. d) agree to this temporarily until the investigation is completed and then inform the harasser of the findings.

c) not agree to this, and the alleged harasser should be informed of the investigation so that his/her side of the story is on the record too.

You are an HR director reviewing your company's policies related to meeting the requirements of the Age Discrimination in Employment Act. For compliance purposes, you know your company needs to maintain certain information about applicants and employees for 3 years. You also know the information required to be maintained does not include: a) addresss. b) name. c) results of physical exams considered in personnel actions. d) compensation earned each week.

c) results of physical exams considered in personnel actions.

Your friend Vernie, a Muslim, applied for a job at Bigmart, Inc. Bigmart is a national chain of discount furniture stores. She scored very well on interviews but ultimately was not hired by Bigmart. During the interviews she wore a traditional hijab and now believes she was not hired because of it. Knowing you are graduate student studying Title VII, she asks you if she has a claim against Bigmart. You tell her: a) she never worked for Bigmart, so she has no Title VII claim against Aim. b) she can make a Title VII claim against Bigmart, but will likely lose because Bigmart has the ability to set reasonable workplace policies. c) she can make a Title VII claim against Bigmart, and will likely win if she can demonstrate that the hijab was the reason she wasn't hired. d) she cannot win a Title VII claim against Bigmart because Title VII does not provide protection against religious discrimination.

c) she can make a Title VII claim against Bigmart, and will likely win if she can demonstrate that the hijab was the reason she wasn't hired.

You are the new Vice President of Human Resources for IDCare, Inc. The president called you into her office and told you that employee health care costs covered by IDCare were escalating rapidly and threatening company profitability. She also told you that she had read a recent article that stated genetic information could be used to help predict future significant illnesses a person may have. Then she tells you that she wants you to start using genetic information to screen out prospective employees who may be prone to such illnesses, as well as terminate employees who are prone to serious illness. In your response to the president, you tell her that Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits: a) prohibits access to family medical information obtained as part of the certification process for FMLA leave. b) the access to genetic information obtained as part of a wellness program that is voluntarily provided. c) the use of genetic information in making employment decisions. d) prohibits acquisition of genetic information of employees by employers who engage in DNA testing for law enforcement purposes.

c) the use of genetic information in making employment decisions.

One of the employees of Silver Dollar Shoes has alleged the company did not make a good faith attempt to accommodate her religious conflict. From your graduate HR law studies you have learned that in deciding whether Silver Dollar has made a good faith attempt to accommodate the conflict, the EEOC and the courts will consider which of the following factors: a) Did the employer attempt an accommodation? b) Did the employee agree to the accommodation? c) What is the cost of the accommodation? d) A and C

d) A and C

You are the first director of HR at Purple Coatings, Inc. and the president has told you that she wants you to draft a "zero tolerance" policy on sexual harassment. Your draft of the policy should include a provision to: a) investigate all sexual harassment claims. b) terminate any employee accused of sexual harassment without wasting time on investigation. c) circulate information only on a need-to-know basis. d) A and C.

d) A and C.

You are studying the topics of defamation, libel and slander for Test #3 in your graduate HR law class. So that you have a better understanding of the topics you have created examples of each. As an example of the tort of slander, you decided to use: a) A manager asks an employee to provide his unlisted phone number. b) A manager gives untrue, defamatory information about a former employee via an e-mail. c) A manager provides defamatory, but true, information about an employee to management on a conference call. d) A manager gives untrue, defamatory information about a former employee during a telephone conversation.

d) A manager gives untrue, defamatory information about a former employee during a telephone conversation.

You are studying the topics of defamation, libel and slander for Test #3 in your graduate HR law class. So that you have a better understanding of the topics you have created examples of each. As an example of the tort of libel, you decided to use: a) A manager who searchers an employee's office without consent b) A manager who gives false, defamatory information about a former employee while on a conference call c) A manager who negligently reveals private information about an employee to another employee d) A manager who gives false, defamatory information about a former employee in a letter of reference

d) A manager who gives false, defamatory information about a former employee in a letter of reference

Prior to your taking this graduate HR law class you had heard of the term "gender stereotyping," but didn't know much about it. Now, if you were to provide an example of the term to someone else, which of the following would be the most correct? a) Women cannot take the pressure necessary for certain jobs. b) Women are not aggressive enough for certain jobs. c) Once a woman goes on maternity leave, she will not return to work. d) All of these are examples of gender stereotyping.

d) All of these are examples of gender stereotyping.

You are the Vice President for HR at Green Hills, Inc. One of Green Hills' employees has filed a complaint with the EEOC alleging religious discrimination. In your assessment of the employee's case that you provided to the company president, you told the president that the courts and the EEOC, when determining whether the Green Hills has indeed reasonably accommodated the employee's religious belief, will consider the factors of: a) The cost of the accommodation. b) The willingness of other employees to assist in the accommodation. c) The type of job where the conflict exists. d) All of these choices are correct.

d) All of these choices are correct.

You are a student in a graduate HR law class who is learning about the employment-at-will doctrine. From your studies, you have learned that the following best relates to the doctrine: a) An employer is free to discriminate against employees based on their gender, race, religion, or national origin. b) Highly paid skilled workers in building and construction trades can pass their jobs on to a family member when they retire. c) A government employee usually loses his or her constitutional rights when on the job. d) An employer can terminate an employee for any reason as long as the reason is not prohibited by law.

d) An employer can terminate an employee for any reason as long as the reason is not prohibited by law.

Your friend Jas is of Asian descent and is also homosexual. Jas was terminated by his employer and he believes his termination was unlawful. You tell him: a) he may have a claim for relief under Title VII of the Civil Rights Act of 1964 even if it can be shown that his performance at work was poor. b) he may have a claim for relief under Title VII of the Civil Rights Act of 1964 because of his Asian ethnicity. c) he may have a claim for relief under Title VII of the Civil Rights Act of 1964 because he is homosexual. d) B and C.

d) B and C.

You are the HR director at Blue Harbor Pools, Inc. Benito is 62 years old and had been an employee of Blue Harbor for 15 years before being terminated. Benito tells you that he intends to sue Blue Harbor under the Age Discrimination in Employment Act and seek compensation for back pay, emotional distress, and pain and suffering, as well as attorneys fees. You listen to Benito without commenting, but you realize the Act only allows compensation for: a) Back pay and emotional distress b) Attorney's fees and emotional distress c) Pain and suffering and emotional distress d) Back pay and attorney's fees

d) Back pay and attorney's fees

As the new HR director you find yourself faced with a request from an employee who is subject to discipline to have a coworker present to serve as a witness during the investigatory interview. You have determined that the following employees have a right to make this request: a) Union employees only b) Non-union employees only c) There is no right to have co-worker be present d) Both union and non-union employees

d) Both union and non-union employees

Lilly Ledbetter worked for Goodyear Tire and Rubber. She sued Goodyear for pay discrimination. As a result of her court case, Congress passed the Lilly Ledbetter Fair Pay Act. The U.S. Supreme Court held in her case, held that: a) Lilly Ledbetter could not sue for gender discrimination in pay because the statute of limitations expired 60 days from the initial discriminatory event, which had occurred years before. b) Lilly Ledbetter could sue for gender discrimination in pay because the statute of limitations had not expired. c) Lilly Ledbetter could not sue for gender discrimination in pay because the statute of limitations expired 90 days from the initial discriminatory event, which had occurred years before. d) Lilly Ledbetter could not sue for gender discrimination in pay because the statute of limitations expired 180 days from the initial discriminatory event, which had occurred years before.

d) Lilly Ledbetter could not sue for gender discrimination in pay because the statute of limitations expired 180 days from the initial discriminatory event, which had occurred years before.

Monique is employed as a radiologist at Mercy Hospital. She has developed a condition that causes her to have periodic seizures. The seizures are varying in length and unpredictable. There is no cure for the condition, and her seizures are managed with medication that makes her drowsy. Normally, without a seizure, she is active and productive. Her request to work on a flextime basis is denied by the hospital because it would be impossible to prepare a schedule for her department without being sure whether she will be able to work or not. Which of the following holds true in this case? a) Mercy Hospital is liable under the Americans with Disabilities Act (ADA) for refusing to reasonably accommodate Monique's disability. b) Mercy Hospital is not liable under the Americans with Disabilities Act because the act does not extend to private employers. c) Mercy Hospital is liable under the Americans with Disabilities Act because it failed to collect adequate information about health condition before hiring her. d) Mercy Hospital is not liable under the Americans with Disabilities Act because Monique's erratic, unexplained absences are not protected even if they are due to a disability.

d) Mercy Hospital is not liable under the Americans with Disabilities Act because Monique's erratic, unexplained absences are not protected even if they are due to a disability.

As the HR director of Dandy Candy Company you are conducting a training session for all of the supervisors in the company on the topic of the Americans with Disabilities Act. During your presentation you provide the following example of a reasonable accommodation that an employer is required to provide to a disabled employee pursuant to the Act: a) Creating a whole new position that fits the abilities of the disabled employee b) Reducing the workload of the disabled employee and assigning it to a nondisabled employee c) Providing the disabled employee with more rights to his or her job than those provided to nondisabled employees d) Moving the disabled employee's workstation closer to equipment, materials, and rooms that he or she frequently uses

d) Moving the disabled employee's workstation closer to equipment, materials, and rooms that he or she frequently uses

Your friends Terri and Susan are considered domestic partners. In your HR law class you have learned that domestic partners: a) Can be covered under an LGBTQ employee's health insurance coverage, but only if the employee elects to do so. Employers must offer this coverage. b) Include only legally married same-sex couples. c) Must undergo gender reassignment surgery to claim any protection under state law. d) Must be able to demonstrate that they lived together for the required period of time (varies from jurisdiction to jurisdiction) and gave mutual aid and support in order to be eligible to claim employment benefits.

d) Must be able to demonstrate that they lived together for the required period of time (varies from jurisdiction to jurisdiction) and gave mutual aid and support in order to be eligible to claim employment benefits.

As the new director for HR at Penelope's Fashions, you are trying to implement practices to avoid claims of race discrimination from employees. All but which of the following are effective management practices to implement in order to achieve your objective? a) Believe that race discrimination occurs and be willing to investigate it when it is alleged. b) Make sure there is a top-down message that the workplace will not tolerate race discrimination in any form. c) Provide a positive, nonthreatening, constructive forum for discussion of racial issues. d) Reduce diversity within the workplace as much as possible.

d) Reduce diversity within the workplace as much as possible.

You are the Vice President for Human Resources at Fast Paced Sports Company. Several employees have filed complaints with your office alleging they have been discriminated against. In which types of the following discrimination claims must Fast Paced make reasonable attempts to accommodate an employee? a) Age and religion. b) Religion and national origin. c) Age and gender. d) Religion and disability.

d) Religion and disability.

You are the HR director at a manufacturing company. In the last few years, the company president has been focused on building a diverse workforce. Some of the newer employees are devout in their religious beliefs. Their beliefs are much different than the majority of the workforce. The president has asked you to provide a briefing to her on the topic of religious discrimination. In your briefing, you tell her that an employee may successfully sue for religious discrimination on the basis of: a) The employee is terminated because the employee refuses to work on a particular day because it is their bingo night at their church. b) The employee is denied a request to take certain days off that represent secular holidays. c) The employee refuses to pay employment-based taxes because they believe that the government does not have the right to collect them. d) The employee believes their religion requires them to dress in a particular way, and they are terminated for not following the employer's dress code.

d) The employee believes their religion requires them to dress in a particular way, and they are terminated for not following the employer's dress code.

In your study of HR law you have learned about defenses an employer may use when defending an Age Discrimination in Employment Act claim. One of the defenses you learned about is based upon reasonable factors other than age. When applying this defense to determine the reasonableness of an employment practice, the courts will look to which of the following? a) The degree of harm to individuals outside the protected group and the extent to which the employer tried to minimize that harm. b) The extent to which the individuals in the protected group contribute to the success or failure of the business and the extent to which the factor is related to the employer's stated business purpose. c) The extent to which the employer assessed the impact of its adverse employment action on older workers and the extent to which the individuals in the protected group contribute to the success or failure of the business. d) The extent to which the action is related to the employer's stated business purpose and the extent to which the employer assessed the adverse impact of its employment practice on older workers.

d) The extent to which the action is related to the employer's stated business purpose and the extent to which the employer assessed the adverse impact of its employment practice on older workers.

You are the president of Long Road Paving Company. Job sites are on major highways outside of cities. Most of the employees at the job sites are male, however there are usually at least 2 females working at a site at any given time. You make sure that Long Road installs a portable restroom at the construction sites, but it turns out the restrooms lack the necessary facilities required by women and are not safe enough to be used by them. When female workers have had to use the restroom, they have been taking breaks and driving to the nearest fast food restaurant to use their facilities. All of the managers of the construction sites are male and have started telling their female employees that their breaks are too long. The female employees have now contacted you and requested that you install a separate restroom for women at each job site. In this situation, which of the following is true? a) The request of your female employees for a separate restroom constitutes gender discrimination, and the employer cannot comply without being liable under Title VII of the Civil Rights Act of 1964. b) The employer can terminate Kelly and Portia for demanding a separate restroom on the basis of bona fide occupational qualification. c) Long Road Paving has no legal obligation to provide separate restrooms unless state law requires it. d) The request of your female employees for a separate restroom should be granted as not taking into consideration legitimate differences between genders can be unlawful.

d) The request of your female employees for a separate restroom should be granted as not taking into consideration legitimate differences between genders can be unlawful.

Zoe is an employee of XYZ, Inc. She had a car accident while driving a company car from one company office to another. XYZ, Inc. may be liable to the owner of the other vehicle under which legal theory? a) Negligence b) Joint liability c) Strict liability d) Vicarious liability

d) Vicarious liability

Maria is a supervisor at Big Box Stores and has developed a "crush" on Becky who is one of the employees under her supervision. Becky has told Maria she is not interested in a sexual relationship, but Maria will not take "no" for an answer. Maria begins to subject Becky to severe, pervasive, and unwelcome sexually harassing behavior. Becky asks you if she can sue Maria for sexual harassment under Title VII of the Civil Rights Act of 1964? You tell her: a) No she cannot because women are not protected against sexual harassment under Title VII. b) No she cannot if the harassment is based on sexual orientation. c) No she cannot if Maria uses the bona fide occupational qualification defense. d) Yes she can because Title VII prohibits same-gender sexual harassment.

d) Yes she can because Title VII prohibits same-gender sexual harassment.

You are 58 years old and have had a long and successful career at Big City Sports, Inc. Your current position is VP of Sales and your annual compensation is $300,000, plus bonuses. You are feeling great and are the most productive you have ever been. Your division has exceeded all sales goals for each of the last 10 years and your performance appraisals have been excellent. You have been planning to work until you are age 66, but have received a notice from Big City's human resource department that you will be required to retire at age 60 and your annual pension will be $75,000 per year. Which of the following statements is most likely to be true in this scenario? a) You cannot file a complaint under the ADEA because mandatory retirement is allowed for any manager, regardless of their supervisory level, as long as they receive a company pension of more than $44,000. b) You cannot file a complaint under the ADEA because only police officers and firefighters are subject to mandatory retirement. c) You cannot file a complaint under the ADEA because you have substantial executive authority, and you will be 60 at the time of retirement and receive a company pension of more than $44,000. d) You can file a complaint under the Age Discrimination in Employment Act (ADEA) because mandatory retirement at age 60 is considered age discrimination.

d) You can file a complaint under the Age Discrimination in Employment Act (ADEA) because mandatory retirement at age 60 is considered age discrimination.

You are the HR director at Elegant Solutions, Inc. Juanita, one of Elegant's employees, is disabled. She has brought claim alleging that an employment action was disparate treatment due to her disability. From your research you have learned that Elegant's defense(s) will be to establish the employment action was taken as a result: a) poor performance. b) reluctance to request accommodation. c) economic necessity. d) A and C

d) a and c

You are the new director of HR at Pretty Purple, Inc. In your review of interview questions provided by your office to managers for use with job applicants, you have discovered the questions for females include "are you married," and "when, if ever, do you plan to have children." However, for males, neither of these questions are included. Which of the following is true? a) a female would have a claim for gender discrimination only if she is unmarried. b) a female does not have a claim for gender discrimination because she was not yet employed by the company/. c) a female does not have a claim for gender discrimination because of the bona fide occupational qualification defense available to employers. d) a female has a claim for gender discrimination as it is illegal to ask questions in a job interview that are only asked of one gender.

d) a female has a claim for gender discrimination as it is illegal to ask questions in a job interview that are only asked of one gender.

Bridget, a female, is an expert welder. She was recently hired as the first female welder at Big Machinery, Inc. Her co-workers have been continuously making un-friendly comments to her. If any of the following comments were made to Bridget by her co-workers, which would be considered a basis for a sexual harassment claim? a) "You should be home looking after children." b) "You're taking the job away from a man." c) "You're doing men's work." d) all of the above

d) all of the above

In your graduate HR law class you have been studying about gender discrimination and the Equal Employment Opportunity Commission (EEOC). You have learned the EEOC has interpreted the prohibition on gender discrimination to include: a) gender identity b) sexual orientation c) gender d) all of the above

d) all of the above

You have been studying about sexual harassment and have learned about who can be responsible for such harassment in a workplace (i.e., the "harassers")? Which of the following groups can be responsible? a) Clients or customers b) Supervisors or managers c) Coworkers d) All of the above

d) all of the above

Your friend knows you are studying HR law and asks you about lawsuits that can arise in cases of LGBTQ discrimination. You tell her that several different types of actions can be alleged in such suits including the civil tort actions of: a) Defamation b) Intentional interference with contractual relations c) Intentional infliction of emotional distress d) all of the above

d) all of the above

As the new HR director at Gumballs Unlimited, you are reviewing the information Gumballs collects about its employees. In particular, you are concerned with ensuring the company complies with the Genetic Information Nondiscrimination Act. From your research you know that the Act prohibits employers from collecting genetic information and from considering someone's genetic background in the following employment-related decision(s): a) Firing b) Hiring c) Promoting d) All of these choices are correct

d) all of these choices are correct

You are studying national origin discrimination cases in your graduate HR law class and have discovered that an adverse employment action in such a case includes: a) removal of privileges. b) termination. c) a demotion. d) all of these choices are correct.

d) all of these choices are correct.

Your friend Beth knows you are taking a graduate HR law class. She confides in you that she is being subjected to sexual harassment at her place of employment by her direct supervisor. You tell her she should report it to the HR department and if not resolved satisfactorily, she should consider filing a lawsuit. She tells you she is afraid of doing so because she fears her supervisor will retaliate against her. You tell her that if retaliation occurs, the court would likely: a) do nothing—retaliation is to be expected. b) refer the matter to criminal court. c) dismiss any claims against the harassee. d) award punitive damages as a way to punish bad behavior and deter future behavior.

d) award punitive damages as a way to punish bad behavior and deter future behavior.

You are the vice president of HR at Colorful Carpets, Inc. The president of Colorful asks you to explain gender dysphoria to her. You tell her that gender dysphoria is a medical condition recognized by the American Medical Association which: a) is not diagnosable medical condition. b) causes a person to feel like their mind and gender are the opposite to the gender to which he/she was born. c) causes a person to feel like their mind and gender are the same gender to which he/she was born. d) causes a person to feel like their mind is one gender, and their body is the opposite.

d) causes a person to feel like their mind is one gender, and their body is the opposite.

You have been the HR director for 10 years at a manufacturing company owned by Suzanne. You performed your job very professionally and received outstanding annual performance ratings from Suzanne. Your personal situation changed so you quit your job. Although you had not given her a reason to do so, Suzanne took your decision to quit as a personal insult. You were the sole finalist for another job and during the check of your work history, the company contacted Suzanne. Suzanne was still mad you left and made very negative comments about you and even told the company that you were fired for being incompetent. As a result of Suzanne's actions, you didn't get the job. In this situation, you have the following cause of action: a) publication in a false light. b) intrusion into seclusion. c) public disclosure of private facts. d) defamation.

d) defamation

Bob and Sue work for Tools, Inc. in the production department. Sarah is their supervisor. Bob has a disability and filed a complaint with Tools' human resources office alleging he was discriminated against by Sarah because of his disability. The HR department conducted an investigation and Sue was interviewed. Sue stated that she witnessed the discrimination by Sarah against Bob. The HR department found Bob's complaint to be valid. After HR released its findings, Sarah became very upset about Sue testifying against her, so she demoted Sue. Now, Sue has filed a complaint alleging retaliation. To prove her retaliation claim, Sue must demonstrate all of the following except: a) she participated in the complaint process. b) she was demoted. c) her demotion was related to her participation in the complaint process. d) her fellow employee was successful in his disability discrimination claim.

d) her fellow employee was successful in his disability discrimination claim.

You are often hired by SeeSaw Inc. to train its employees. You are paid $1,000 for every training session you conduct at its corporate headquarters. Your job also requires you to travel once a month to different branches of SeeSaw and train employees there. When you are required to travel, SeeSaw pays you $1,500 per session. You are required to provide all training materials. When are not working at SeeSaw, you work for other smaller companies as a trainer. Under this arrangement, you are most like a(n): a) full-time employee at SeeSaw. b) social worker. c) trade creditor. d) independent contractor for SeeSaw.

d) independent contractor for SeeSaw.

You are the Vice President of HR at Sunset Products. At a recent meeting with employees an employee by the name of Toni complained about racial harassment. You should: a) ignore the complaint if there has only been one isolated incident because one incident does not constitute racial harassment. b) tell supervisors not to provide negative feedback to the employee to avoid future harassment issues. c) ask the employee to withdraw the complaint because they must be mistaken. d) investigate and take immediate corrective action through reprimand and warnings against future incidents.

d) investigate and take immediate corrective action through reprimand and warnings against future incidents.

As the new HR director at Bing Enterprises, you have learned the company uses an eligibility test during the interview process. You researched Title VII of the Civil Rights Act of 1964 (Title VII) to determine if such a test is legal. During your research you learned that use of an employment eligibility test that may have a disparate impact on a protected class is legal provided: a) the employer can show that there was no invasion of privacy during the test. b) it is proved that the employer's efficiency concerns do not trump the individual's privacy interests. c) the employer can show that the test evaluates factors that are not directly job related. d) it is proved that the test has been professionally developed and it is not designed, used, or intended to discriminate on the basis of membership in a protected class.

d) it is proved that the test has been professionally developed and it is not designed, used, or intended to discriminate on the basis of membership in a protected class.

ZYX, Inc. manufactures tires and is located in South Texas. ZYX enforces an English-only policy in all areas of the workplace and at all times, including break times and other free time. ZYX's policy is: a) not unlawful because all individuals, irrespective of their national origin, are required to speak English in the United States. b) much safer from a charge of national origin discrimination than an employer who only enforces the policy in certain areas and at certain times. c) impermissibly violates Title VII of the Civil Rights Act, which protects the ability of workers to express their cultural heritage at the workplace. d) presumptively discriminatory according to the Equal Employment Opportunity Commission (EEOC).

d) presumptively discriminatory according to the Equal Employment Opportunity Commission (EEOC).

You are a graduate student in an HR law class. One of your friends feels they may have been discriminated against and asks you about Title VII of the Civil Rights Act of 1964 (Title VII). You provide some background about Title VII and then tell her it applies to all of the following except: a) employment agencies and other similar hiring entities making referrals for employment. b) federal, state and local, government employees. c) employees of religious institutions, associations, or corporations hired to perform work connected with carrying on religious activities. d) private employers employing fewer than 15 employees.

d) private employers employing fewer than 15 employees.

You are the new Vice President of Human Resources at Blitz Company. The president of Blitz is also new and is concerned about the company's hiring practices. He asks you to explain the Immigration Reform and Control Act (IRCA) to him. In part, you state that IRCA: a) allows discrimination in favor of U.S. Citizens (as opposed to non-U.S. Citizens legally residing in the U.S.) but only so long as the employer can demonstrate that citizenship is a BFOQ. b) prohibits discrimination in favor of U.S. citizens as against legal "aliens" (non-U.S. citizens legally residing in the United States). c) makes it legal for employers to knowingly hire those not legally authorized for employment in the United States. d) prohibits employers in certain circumstances from discriminating against employees on the basis on their citizenship.

d) prohibits employers in certain circumstances from discriminating against employees on the basis on their citizenship.

You are the new HR director at Home Products, Inc. Shortly after your arrival, you learn the president of the company is considering an "English-only" job requirement and has asked you what she should be concerned about. You tell her: a) "English-only" job requirements are not permitted regardless of the circumstances. b) since 10% or more of company employees are non-English speaking employees, she may not implement an English-only rule, and must provide a translation for all important workplace instructions based on the language spoken by the majority of non-English speaking employees. c) she should should carefully consider the degree of fluency necessary for the workplace, and should craft a policy that reflects the minimum degree of fluency necessary for any job within the workplace to avoid a charge of discrimination. d) she should carefully consider the degree of fluency necessary for each job. This degree of fluency may not be the same for all areas of the workplace, so a blanket policy may not work. So, the company should establish a level of English fluency for each area, as appropriate.

d) she should carefully consider the degree of fluency necessary for each job. This degree of fluency may not be the same for all areas of the workplace, so a blanket policy may not work. So, the company should establish a level of English fluency for each area, as appropriate.

In your graduate HR law course you have been studying significant court decisions. One of the cases you have studied is Brown v. Topeka Board of Education. In the case, the U.S. Supreme Court: a) passed a law to establish the Equal Employment Opportunity Commission (EEOC). b) for the first time recognized the business necessity defense. c) declared affirmative action to be a form of illegal reverse discrimination. d) struck down the doctrine of separate but equal educational facilities.

d) struck down the doctrine of separate but equal educational facilities.

You are the new president of Big Daddy, Inc. and have just learned that a court has imposed a judicial affirmative action plan. Such a plan is ordered by the court when: a) an employee files a discrimination claim with the OFCCP. b) the federal contractor satisfies its requirement to comply with Executive Order 11246. c) a voluntary affirmative action plan results in reverse discrimination. d) the court finds that an affirmative action plan is the appropriate means of addressing workplace discrimination in violation of Title VII of the Civil Rights Act of 1964.

d) the court finds that an affirmative action plan is the appropriate means of addressing workplace discrimination in violation of Title VII of the Civil Rights Act of 1964.

You are the HR director at Ozark Products, Inc. Ozark's president has asked you to brief her about associational disability claims under the Americans with Disabilities Act. As you prepare for the briefing, you learn that if an individual claims associational disability under the ADA, he or she is not required to demonstrate: a) the employer believes that the disability will increase costs, for example in the health plan. b) the employee will be distracted by the disability, and may need additional time off work to care for the individual impacted, etc. c) the employer fears that the employee may contract the disability. d) the employer fears that other employees may contract the disability.

d) the employer fears that other employees may contract the disability.

James is disabled and he works at Fountains Galore, Inc. He brought a court action against Fountains alleging disability discrimination. During the proceeding, James established a prima facie case of disability discrimination. At this point, the burden of proof shifts to: a) the Equal Employment Opportunity Commission (EEOC) to prove the disability exists. b) the employee to prove no accommodations were made. c) the courts to find a legitimate non-discriminatory reason (LNDR) for the employment action. d) the employer to establish a legitimate non-discriminatory reason (LNDR) for the employment action.

d) the employer to establish a legitimate non-discriminatory reason (LNDR) for the employment action.

You have been studying Title VII of the Civil Rights Act of 1964. In your studies you have learned that Title VII's ban on racial discrimination applies: a) only to Black people. b) specifically, to Black and Hispanic people. c) to all member countries of the United Nations. d) to all citizens equally.

d) to all citizens equally.

You are the HR director of Silver Sneakers, Inc. which is located in a large, ethnically diverse city. In your efforts to improve hiring practices at Silver Sneakers you have instituted measures designed to avoid under utilization. Under utilization occurs when: a) when there are a significantly more women in the workplace than relevant statistics indicate are available. b) when there are significantly fewer white males in the workplace than relevant statistics indicate are available. c) when members of a majority group is adversely affected by an affirmative action plan. d) when there are significantly fewer minorities in the workplace than relevant statistics indicate are available.

d) when there are significantly fewer minorities in the workplace than relevant statistics indicate are available.