Legal Environment of Business Unit 7 Test
Many employers maintain seniority systems that reward long-term employees. Which of the following is NOT one of the systems to reward long-term employees?
A seat on the board of directors
Which of the following is an INCORRECT statement regarding the Age Discrimination in Employment Act (ADEA)?
It protects employees and employment applicants from any form of age discrimination.
The _____ Act establishes the right of employees to form and join labor organizations, to bargain collectively with employers, and to engage in concerted activity to promote these rights.
National Labor Relations
_____ discrimination is employment discrimination against a person because of his or her heritage, cultural characteristics, or the country of the person's ancestors.
National origin
In 1970, the United States Congress enacted the _____ to promote safety in the workplace.
OSHA
Which of the following is an INCORRECT statement regarding the Occupational Safety and Health Act?
OSHA has not adopted regulations to enforce the safety standards established by the act.
Which of the following is an INCORRECT statement regarding the Occupational Safety and Health Act?
Private employers are not subject to the act.
Which of the following is an INCORRECT statement regarding race and color discrimination?
The EEOC does not recognize the Pacific Islander racial classification.
Which of the following is an INCORRECT statement regarding minimum wage?
The federal minimum wage is tied to inflation, with automatic increases to the minimum wage based on the Consumer Price Index (CPI).
Which of the following is an INCORRECT statement regarding Title VII remedies?
The sum of compensatory and punitive damages recoverable is potentially unlimited.
The ________________________ gives each union member equal rights and privileges to nominate candidates for union office, vote in elections, and _______________________.
Title I of the Landrum-Griffin Act; participate in membership meetings
Which of the following is an INCORRECT statement regarding gender discrimination?
Title VII's prohibition against sex discrimination applies only to women.
Which of the following is an INCORRECT statement regarding pregnancy discrimination?
When it was originally enacted in 1964, Title VII of the Civil Right Act expressly prohibited pregnancy discrimination as an illegal form of employment discrimination.
Which of the following is NOT true about the Federal Unemployment Tax Act (FUTA)?
Workers who have been let go for cause, such as for illegal activity or drug use on the job, or who voluntarily quit work without just cause are eligible to receive unemployment benefits.
Title VII of the Civil Rights Act of 1964 applies to all EXCEPT which of the following?
employers with fewer than 15 employees
Workers' compensation is a(n) _____ remedy.
exclusive
Workers who hold H1-B visas are _____.
foreign guest workers
A worker in a factory reports for work and is walking toward his work station when he trips over some boxes stored on the floor. This would be a violation of the OSHA _____ duty requirement to provide safe working conditions.
general
The Occupational Safety and Health Act contains a _____ duty standard that imposes on an employer a duty to provide employment and a work environment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees.
general
Which of the following is NOT part of the complainant's burden of proof in a disparate-treatment discrimination case?
he or she suffered punitive damages as a proximate result of the discrimination
The U.S. Supreme Court has held that sexual harassment that is so severe or frequent that it creates a(n) _____ work environment violates Title VII.
hostile
Certain topics are _____ subjects of collective bargaining and therefore cannot be subjects of negotiation or agreement.
illegal
Mary files a gender discrimination claim with the EEOC that states her employer has engaged in sex discrimination in violation of Title VII. The employer does not promote Mary when she qualifies for a promotion because she filed this claim. This is _______.
illegal retaliation
Most strikes are lawful strikes. However, several types of strikes have been held to be illegal and are not protected by federal labor law. All of the following are examples of illegal strikes EXCEPT?
immediate strikes
The _____ permits employees and union officials to engage in union solicitation on company property if the employees are beyond reach of reasonable union efforts to communicate with them.
inaccessibility exception
Which of the following is NOT an example of unlawful picketing?
it upsets management
If a person applies for a job with a religious organization but does not subscribe to its religious tenets, and the organization chooses not to hire that candidate based on the difference in religion, this would be considered to be _____________.
lawful under Title VII
What vote is required for the union to be certified in a contested election?
more than 50 percent
Subjects that are not compulsory or illegal are _____ subjects of collective bargaining.
permissive
The size and composition of the supervisory force, location of plants, and corporate reorganizations are examples of _____ subjects of collective bargaining.
permissive
Sex-_____ discrimination occurs when an employer does not discriminate against a class as a whole but treats a subset of the class differently.
plus
Title VII prohibits any form of gender discrimination where sexual favors are requested in order to obtain a job or be promoted. This is known as _____ sex discrimination.
quid pro quo
Which is a form of illegal discrimination under Title VII of the Civil Rights Act of 1964?
religion
Many of the OSHA standards are _____ duty standards.
specific
OSHA standards establish safety requirements for safety guards on saws, set maximum exposure levels for hazardous chemicals, and regulate the location of machinery in the workplace. These are examples of _____ duty standards.
specific
Labor's "bill of rights" gives each union member all EXCEPT which of the following?
the right to a living wage
Which of the following is NOT a category of employees exempted by the FLSA from federal minimum wage and overtime pay requirements?
tipped employees
Under a(n) _____ shop agreement, an employer may hire anyone regardless of whether he or she belongs to a union; however, an employee must join the union within a certain time period (for example, 30 days) after being hired.
union
To obtain the greatest power possible, elected unions sometimes try to install a union security agreement. Which of the following are the three lawful security agreements?
union shop, agency shop, closed shop
Individuals have a right to pursue private lawsuits when an employer violates the Genetic Information Nondiscrimination Act (GINA). Which of the following is an example of a type of relief NOT typically sought?
vacation time
According to the U.S. Supreme Court, factors that should be used to determine whether conduct in an employment setting results in a hostile work environment include all EXCEPT which of the following?
whether the conduct is permissible according to commonly-accepted religious precepts
If union organizers get fewer than _____ percent of the employees to sign _____ cards, a union election will not be held.
30; consent
Under the FLSA, an employer cannot require non-exempt employees to work more than _____ hours per week unless they are paid _____ pay of _____ times their regular pay for each hour worked in excess of the standard work week.
40; overtime; one-and-a-half
Section _____ of the _____ Act gives employees the right to join together to form a union.
7; National Labor Relations
Section _____ of the _____ Act makes it an unfair labor practice for a labor union to interfere with, coerce, or threaten employees in exercising their statutory right to form and join unions.
8(b); National Labor Relations
Which of the following is an INCORRECT statement regarding interference with a union election?
Coercion, a form or persuasion, is a fair labor practice.
_____ discrimination occurs when an employer discriminates against an entire protected class.
Disparate-impact
_____ discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion.
Disparate-treatment
A(n) _____ visa allows U.S. employers to employ in the United States foreign nationals who possess exceptional qualifications for certain types of employment.
EB-1
A(n) _____ visa allows U.S. employers to employ in the United States foreign nationals who are skilled in specialty occupations.
H1-B
The Labor Management Reporting and Disclosure Act is also known as the _____ Act.
Landrum-Griffin
The _____ Act stipulates that it is legal for employees to organize.
Norris-LaGuardia
The Labor Management Relations Act is also known as the _____ Act.
Taft-Hartley
Which of the following is an INCORRECT statement regarding workers' compensation?
Today, most workers' compensation disputes are tried before a jury.
Which of the following is an INCORRECT statement regarding workers' compensation?
Workers' compensation is a non-exclusive remedy.
The Lilly Ledbetter Fair Pay Act of 2009 is a federal statute that provides that each discriminatory pay decision restarts the statutory _____-day clock to file an employment discrimination claim against an employer.
180
In what decade was the Fair Labor Standards Act enacted?
1930s
The Age Discrimination in Employment Act (ADEA) of 1967 is a federal statute that prohibits age discrimination against employees who are _____.
40 years and older
Which of the following is an INCORRECT statement regarding a bargaining unit?
A bargaining unit is also known as a certified class.
Which of the following is an INCORRECT statement regarding Title VII remedies?
A court can award punitive damages against an employer in a case involving an employer's negligent disregard of federally protected rights.
The _____ was formed in 1886 under the leadership of Samuel Gompers.
AFL
Which of the following is an INCORRECT statement regarding workers' compensation insurance?
As a general rule, states do not require employers to purchase workers' compensation insurance to cover workers' compensation claims.
Which of the following is an INCORRECT statement regarding strikes?
Before there can be a strike, union members must vote unanimously in favor of the action.
Which of the following is an INCORRECT statement regarding color discrimination?
Color discrimination cases are brought more frequently than other forms of Title VII discrimination.
The _________________________ provides that an employee of a private employer or the employee's beneficiaries must be offered the opportunity to continue group health insurance. Government employees are subject to parallel provisions found in the __________________.
Consolidated Omnibus Budget Reconciliation Act; Public Health Service Act
Which of the following is NOT true about vesting under ERISA?
ERISA permits employer's contributions to be gradually vested over a 10-year period and completely vested after that time.
The ____________, a federal statute passed in 1963, protects _____________ from pay discrimination based on sex.
Equal Pay Act; both sexes
The _____ guarantees workers up to 12 weeks of unpaid leave in a 12-month period to attend to family and medical emergencies and other specified situations.
FMLA
Under the _____________________, employees must make contributions (i.e., pay taxes) into the Social Security fund. Under the ___________________________, self-employed individuals must pay Social Security contributions, too.
Federal Insurance Contributions Act; Self-Employment Contributions Act
Which of the following is an INCORRECT statement regarding the compensability of a workers' compensation claim?
For an injury to be compensable under workers' compensation, the claimant must prove that he or she was harmed by the intentional or negligent act of a co-worker.
Currently, the immigration laws of the United States are administered by the U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of _____.
Homeland Security
Which of the following is an INCORRECT statement regarding the child labor provisions of the Fair Labor Standards Act (FLSA)?
In 2012, the United States Supreme Court declared the child labor restrictions of the act unconstitutional as an impermissible restriction on interstate and international commerce (in other words, a violation of the Commerce Clause of the United States Constitution).
Which of the following is NOT an illegal form of discrimination under Title VII of the Civil Rights Act of 1964?
age
Under a(n) _____ shop agreement, an employer may hire anyone regardless of whether he or she belongs to a union. After an employee has been hired, he or she does not have to join the union, but if he or she does not join the union, he or she must pay an agency fee to the union.
agency
For an injury to be compensable under workers' compensation, the claimant must prove that he or she was harmed by _____.
an employment-related injury
A(n) ________________ unit is a group of employees that a union is seeking to represent. This group can be the employees of a single company or plant, a group within a single company, or____________.
appropriate bargaining; an entire industry
Harassment includes all EXCEPT which of the following?
asking a co-worker on a date
National origin discrimination includes discrimination against employees or job applicants for all EXCEPT which of the following reasons?
a person's undocumented immigrant status
A _____ is a group of employees that a union is seeking to represent.
bargaining unit
Which of the following is NOT an exception to at-will employment?
being an employee in an office that is being downsize
Under worker's compensation, an injured worker files a claim with the appropriate state government agency, often called the workers' compensation _____.
commission
Workers' ________ is paid to workers and their families when workers are injured in connection with their jobs.
compensation
Fringe benefits, health benefits, retirement plans, work assignments, and safety rules are examples of _____ subjects of collective bargaining.
compulsory
Wages are what type of subject of collective bargaining?
compulsory
If a person's minority status is only one factor of many factors considered in an employment decision, that employment decision made in the favor of this minority candidate will usually be _______.
considered lawful
If a racially neutral employment practice or rule causes an adverse impact on a protected class, this is _____ discrimination.
disparate-impact
A statement such as "I'll close this plant if a union comes in here" is _____ under Section _____ of the National Labor Relations Act (NLRA).
illegal; 8(a)
An employer's creation of a company union would be _____ under Section _____ of the National Labor Relations Act (NLRA).
illegal; 8(a)
Employer threats of loss of benefits for employees joining a union are _____ under Section _____ of the National Labor Relations Act.
illegal; 8(a)
Under Title I of the Americans with Disabilities Act (ADA), an employer has a duty to _____ accommodate an individual's disability if doing so does not cause a(n) _____ the employer.
reasonably; undue hardship on
A right to _____ letter is issued by the EEOC if it _____ to bring an action against an employer.
sue; chooses not
The term _________ is often used to refer persons who have or desire to legally and ____________ change their sex.
transsexual; medically