BLAW 300 4th test
Mold & Dye Corporation is a private employer involved in a Title VII employment discrimination suit. Punitive damages may be recovered against Mold & Dye only if the employer
Acted with malice or reckless indifference.
The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the:
Equal Employment Opportunity Commission
A corporate officer is not an agent for the corporation.
False
A fiduciary relationship allows parties to avoid obligations without liability.
False
A principal owes an agent a duty of accounting.
False
An independent contractor is an employer who controls his or her agent's performance.
False
An independent contractor's physical conduct is controlled, or subject to control, by his or her employer.
False
Before a principal can ratify a contract, the agent must withdraw from the deal.
False
Disparate-impact discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class.
False
Race can be a bona fide occupational qualification.
False
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against persons over eighteen.
False
The Civil Rights Act of 1964 prohibits job discrimination on the basis of experience.
False
To establish a prima facie case of discrimination under Title VII, a plaintiff must show that discriminatory intent motivated an employer's decision.
False
Rona is Stu's administrative assistant and both work for TriCounty Labor Inc. Stu tells Rona that for sexual favors, he will give her an excellent performance review and recommend a raise. This is
Quid pro quo harassment.
The most important antidiscrimination employment law is:
Title VII of the Civil Rights Act of 1964
A fiduciary relationship involves trust and confidence.
True
An agency relationship can be formed without consideration.
True
An agency relationship may be created for any legal purpose.
True
An agent is authorized to act on behalf of a principal in doing business with third parties.
True
Employees who deal with third parties are agents of their employers.
True
Express authority is authority declared in clear, direct, definite terms.
True
If a principal does not ratify an unauthorized contract, the principal is not bound.
True
Under the Americans with Disabilities Act of 1990, disabled employees are entitled to "reasonable accommodation."
True
Partners in a partnership owe each other:
a fiduciary duty
A sexually hostile work environment is:
a form of sexual discrimination
Which of the following statement(s) is (are) true?
a limited partnership must have at least one general partner
A sole proprietorship comes into existence when:
a person begins to do business for herself
Bubbly Soda Company hires Carlo to work on Bubbly's shipping dock, checking outgoing loads and dispatching Bubbly's drivers. With respect to Carlo, Bubbly is most likely
a principal.
A partnership can begin with:
a written agreement or an oral agreement or an implied agreement that can be inferred from the conduct of the parties doing business
Agency by estoppel means:
actions by the principal lead a person to believe that the presumed agent has authority to act on the principal's behalf
Title VII of the Civil Rights Act protects all of the following classes from employment discrimination except:
all of the other choices are protected
The duties of a principal to an agent do not include:
all of the other choices are required
Sexual harassment does not appear to include:
all of the other choices may be included
Which of the following could lead to the dissolution of a partnership:
all of the other specific choices are correct
Whom of the following must follow a corporation's bylaws in conducting corporate activities:
all of the other specific choices are correct
In a sole proprietorship, the owner is:
an amalgamation
A general partnership is:
an association of two or more persons to carry on a business as co-owners for a profit
General partners in a limited partnership:
are personally liable to the partnership's creditors
Many employers monitor the e-mail their employees send and receive at work. The courts have held that this practice is legal:
because emails are being transmitted on company time and property
The governing committee of a corporation is the:
board of directors
A ____ is an artificial person, or legal entity, created under state law.
corporation
A complete termination comes about only after the partnership has been ____ and its affairs have been wound up
dissolved
____ consists of oral or written instructions given by the principal to an agent.
express authority
Title VII applies to employers with:
fifteen or more workers
A person who volunteers with no expectation of being paid for her services is a(n):
gratuitous agent
Historically, the common law permitted employers to
hire and fire which ever workers they wished
A black and a white employee committed the same offense. The black employee was disciplined but not fired, the white employee was fired. The Supreme Court held that this treatment was:
improper reverse discrimination, which violates Title VII
In a sole proprietorship, profits are taxed to the:
individual owner of the proprietorship
Discrimination on the basis of sexual preference or sexual identity:
is not prohibited by Title VII of the Civil Rights Act
individual states and cities
may have civil rights acts that protect additional classes of employees not covered by title VII
Limited partners are investors who:
may not participate in management of the business
An agency may be established by:
operation of law or by oral agreement of the parties or by written agreement of the parties
A partnership can begin with either a(n) ____ or a(n) ____.
oral agreement; implied agreement
The scope of an agent's authority is determined from the:
oral or written expressions of the principal or the principal's conduct
A ____ is an association of two or more persons to carry on a business as co-owners for profit.
partnership
Reverse discrimination is:
preferential treatment of a protected class
Through an agency relationship, the agent becomes a representative of the:
principal
Which of the following statements about a corporation is true? Corporations are not entitled to constitutionally protected:
privileges against self-incrimination
The Equal Pay Act:
prohibits pay discrimination on the basis of sex
In an agency the principal
provides the agent with authority
When a principal accepts the consequences of the activities of a person who had previously not been the principal's agent, the principal:
ratifies the agency
Under Title VII of the Civil Rights Act's prohibition of discrimination based on religion, an employer is:
required to provide reasonable accommodation for an employee's religious practices
The owners of a corporation are called:
shareholders
A person doing business for himself or herself is a(n):
sole proprietor
Today a corporation must be created according to:
state law
The rules that regulate and govern the internal operations of a corporation are known as:
the bylaws
To create a corporation:
the corporation's articles of incorporation are filed with the appropriate officer of the state
Under Title VII, national origin refers to:
the country where a person is born or the country from which his or her ancestors came
Implied authority consists of:
the power to do whatever is reasonable and customary to carry out the agency purpose
To establish an agency relationship:
the principal and agent must agree to form an agency
Under the Equal Pay Act, men and women may be paid different wages if:
wages are based on a seniority system
If a shareholder supplies needed material to the business then he:
will become a creditor of the corporation and will enjoy the same rights of recovery against the corporation as any other creditor
The ____ of partnership affairs involves completing any unfinished business and then collecting and distributing the partnership's assets.
winding up
