BUL3310 Unit 10
To be entitled to the protections of the Family and Medical Leave Act, the employee must have worked for the employer for ____ months and the employer must have ____ employees. - 24; 200 - 18; 50 - 12; 50 - 12; 10
12; 50
A prima facie claim of disparate impact discrimination is established if the selection rate for members in a protected class is less than ____ percent of the selection rate for members in the majority class. - 25 - 30 - 50 - 80
80
Which of the following activities is permitted by the Taft-Hartley Act? - A business may require that a worker be a member of a union as a condition for being hired. - A business may require that a worker join a union after he has worked for a certain period of time - Unions may organize secondary boycotts to protest the employment practices of other employers. - Unions may veto management lay offs of workers during slow business periods.
A business may require that a worker join a union after he has worked for a certain period of time
Which of the following employers is NOT subject to Title VII's antidiscrimination provisions? - A business organized as a sole proprietorship - A business that has twelve employees - A U.S. firm doing business in England - A corporation with fewer than fifteen shareholders
A business that has twelve employees
Which of the following workers is covered by the Fair Labor Standards Act's wage and hour requirements? - A child actor while making a movie - The CEO of Ford Motor Company - An assembly line worker in a Ford Motor Company plant - The sales representative of a pharmaceutical company whose territory covers three states
An assembly line worker in a Ford Motor Company plant
Which of the following statements about the good cause exception to the employment at will doctrine is false? - An employee who wins a suit for wrongful termination under the good cause exception is entitled to back wages, damages for pain and suffer - Thirty years of continuous employment is good evidence that an implied contract to terminate only for good cause has been created. - The good cause exception is created by the conduct of the parties, particularly the conduct of the employer, during the years of employment. - A and B only
An employee who wins a suit for wrongful termination under the good cause exception is entitled to back wages, damages for pain and suffer
Which of the following statements about workers compensation programs is false? - Workers compensation laws are state laws that provide benefits to workers injured on the job. - An injured worker may collect workers compensation and may sue his or her employer for negligence. - If the worker was injured by a defective product used in the workplace, the worker may collect workers compensation and sue the manufacturer - Workers compensation does not cover job injuries that are intentionally caused.
An injured worker may collect workers compensation and may sue his or her employer for negligence.
An employee who quits a job because the employer created an intolerable work environment has a cause of action under Title VII for which of the following? - Disparate impact discrimination - Gross negligence - Constructive discharge - Invasion of privacy
Constructive discharge
Which of the following is NOT part of plaintiff's prima facie case for showing disparate treatment? - Plaintiff is a member of a protected class. - Plaintiff was qualified for the position. - Plaintiff was rejected for the position. - Defendant has eliminated the position.
Defendant has eliminated the position.
Which of the following statements about the Employee Retirement Income Security Act (ERISA) is true? - ERISA requires that all employers with fifteen or more employees provide an employer pension plan. - ERISA requires that all employers with fifteen or more employees provide a health care plan. - ERISA sets standards for employer sponsored pension plans and requires periodic and detailed disclosures about the pension's funding and inv - A and C only
ERISA sets standards for employer sponsored pension plans and requires periodic and detailed disclosures about the pension's funding and inv
Which federal statute sets standards for employee pension and benefits plans? - The Fair Labor Standards Act - The Employee Retirement Income Security Act - The National Labor Relations Act - The Landrum-Griffin Act
Employee retirement income security act
What does the Family and Medical Leave Act require? - Employees receive their normal pay when on medical leave. - Employees are entitled to twelve weeks of medical leave during a twelve month period. - Employees must have worked for an employer for a minimum of thirty-six months to qualify for medical leave. - What constitutes a "serious medical condition" is decided by the employee.
Employees are entitled to twelve weeks of medical leave during a twelve month period.
Why do workers compensation laws benefit employers? - Employers can choose to opt in or to opt out of the program. - The insurance premiums that employers pay are very low. - Employees cannot sue their employers for negligence even if the employer's negligence caused the injuries. - Employees cannot sue the employer for intentionally causing the workplace injuries
Employees cannot sue their employers for negligence even if the employer's negligence caused the injuries.
Which of the following statements about employer-funded pensions and health benefit plans is true? - Employers are required by federal law to provide health insurance for their employees. - Employers are required by federal law to provide pension plans for their employees. - Employer pension plans are subject to numerous federal reporting and disclosure laws. - Both A and B
Employer pension plans are subject to numerous federal reporting and disclosure laws
What is the agency, created by Congress, to administer the provisions of Title VII that deals with discrimination in the workplace? - National Labor Relations Board - President's Commission on Workplace Opportunity - Equal Employment Opportunity Commission - Employment and Labor Relations Commission
Equal Employment Opportunity Commission
Which federal statute regulates minimum wages, overtime, and the employment of minors? - Employee Retirement Income Security Act - The National Labor Relations Act - The Fair Labor Standards Act - The Taft-Hartley Act
Fair Labor Standards Act
ERISA requires that all employers with more than fifteen employees provide health insurance for the employees. T/F
False
Employees who are not covered by the Fair Labor Standards Act are called "classified employees." T/F
False
Sid's Sub Shop hired Ted to manage the shop from January 1, 2007 to December 31, 2007. This is an employment at will contract. T/F
False
Title VII does not apply to sole proprietorships, regardless of the number of people a business employs. T/F
False
To prove disparate impact discrimination in employment, plaintiffs must show, in their prima facie case, that the selection rate for minorities is less than 50 percent of the selection rate for non-minorities. T/F
False
To prove disparate impact discrimination, a plaintiff must show that the practices complained of were "designed and intended" to disadvantage him or her. T/F
False
Under the National Labor Relations Act employers must re-hire workers who went on strike for higher wages or increased benefits. T/F
False
Union shops are illegal under the Taft-Hartley Act. T/F
False
What constitutes a hostile work environment is a matter of law and does not vary from workplace to workplace. T/F
False
Workers Compensation Insurance is a comprehensive program that covers all job related injuries, including those that were intentionally inflicted. T/F
False
An independent contractor may file a complaint under Title VII if he or she was not hired by a customer because of gender discrimination. T/F
False, Independent contractors are not covered under Title VII
ERISA requires that all employers provide both health insurance and pension plans to their employees. T/F
False; ERISA sets standards for employer provided pension plans and mandates the disclosure of information about such plans. It applies to employer-created medical and other benefit plans.
Title VII caps the amount of damages a plaintiff may collect from a defendant with 100 or fewer employees at $10,000. T/F
False; Title VII prohibits employment discrimination based on race, color, religion, sex and national origin
The Family and Medical Leave Act guarantees that an employee will be paid one-half his or her salary for up to six months of leave, so long as the leave was for a "serious health condition." T/F
False; the Family and Medical Leave Act provides a leave, subject to a variety of constraints, for an employee who cannot work in order to take care of family or medical responsibilities
Employees who are covered by the Fair Labor Standards Act must receive double their hourly salary for each hour of overtime they work. T/F
False; time and a half for overtime
What are state "right to work" laws designed to do? - Allow workers to opt out of overtime pay protections - Allow workers to sue for invasion of privacy when their employers monitor their private electronic communications - Forbid employers from requiring alcohol and drug testing as a condition of employment - Forbid employers from requiring that workers be members of a union as a condition of employment
Forbid employers from requiring that workers be members of a union as a condition of employment
What is the term used to describe the voting conditions necessary for a binding "representation election'' in which the workers in a company vote whether or not to unionize? - Court annexed - Laboratory - Equitable - Democratic
Laboratory
Which of the following categories of workers is NOT covered by the National Labor Relations Act? - Employees of the federal government - Employees of state governments - Independent contractors - None of the above are covered by the NLRA
None of the above are covered by the NLRA
Which of the following statements about minority racial preference plans under Title VII is false? - Racial preference plans are, without exception, forbidden under Title VII. - Racial preferences can be used for a limited period of time. - Racial preferences can be used to open employment opportunities in traditionally segregated jobs. - Racial preference plans must preserve some protections for white employees.
Racial preference plans are, without exception, forbidden under Title VII.
What is the federal agency that investigates and enforces anti-discrimination portions of Title VII? - The Equal Employment Opportunities Commission - The National Labor Relations Board - The Special Employment Commission - The Federal Antidiscrimination Administration
The Equal Employment Opportunities Commission
Which federal statute requires that employers provide safe working conditions for their employees? - The Landrum-Griffin Act - The Taft-Hartley Act - The Corporate Insurance Compensation Act - The Occupational Safety and Health Act
The Occupational Safety and Health Act
What is the federal statute that makes it illegal for unions to organize secondary boycotts, promote featherbedding, and refuse to bargain with employers? - The Consolidated Omnibus Budget Reconciliation Act - The Taft Hartley Act - The Fair Labor Standards Act - The Occupational Safety and Health Act
The Taft Hartley Act
To defeat the defense, in a disparate impact case, that the discriminatory practice is "job related and consistent with business necessity," the plaintiff must prove which of the following? - The employment practice is a pretext for discrimination. - Another non-discriminatory practice exists that achieves the same business result. - The employer developed the business practice with the specific intent to discriminate. - Either A or B
The employment practice is a pretext for discrimination.
Which of the following statements about unemployment compensation insurance is true? - The program is funded and administered by the individual states. - The program is a provision of the Family and Medical Leave Act. - The program is a provision of the National Labor Practices Act. - The program is a provision of the Occupational Safety and Health Act.
The program is funded and administered by the individual states.
Which of the following is NOT a right guaranteed to workers by the National Labor Relations Act of 1935? - The right to organize into unions - The right to collective bargaining - The right to strike - The right to lock out management
The right to lock out management
An employee must first file a complaint with the EEOC and get a "right to sue" letter before pursuing a private right of action against his employer for Title VII violations. T/F
True
An employer who fires an at will employee in a public and humiliating manner may be liable to the employee for intentional infliction of emotional distress. T/F
True
An employment cannot be terminated under an employment at will contract for refusing to commit an illegal act. T/F
True
Employers who violate OSHA regulations are subject to fines and, if the violations are willful, imprisonment. T/F
True
Featherbedding is an illegal activity in which unions force employers to hire more employees that necessary. T/F
True
It is only within the last eighty years or so that the federal government and the states have enacted laws protecting employment rights and workplace safety. T/F
True
Most states allow employers to require job applicants and employees to undergo alcohol and drug tests. T/F
True
Only contract damages are available to a successful plaintiff who proves wrongful termination based on the good cause exception to the employment at will doctrine. T/F
True
The Americans with Disabilities Act prevents employers from requiring that job applicants or employees undergo medical tests as a condition of employment. T/F
True
The good cause exception to employment at will arises during the course of a worker's employment based on the way the employer evaluates rewards and disciplines the employee. T/F
True
The good cause exception to employment at will is based on the conduct of the parties, especially on the conduct of the employer, during the years of employment. T/F
True
Title VII makes it illegal for an employer to sexually harass an employee in the workplace. T/F
True
Title VII protections against discrimination in employment do NOT apply to independent contractors. T/F
True
To be protected by the public policy exception to employment at will, the public policy that the employee acts to advance must usually be tied to a constitutional, statutory, or administrative law. T/F
True
To collect state unemployment insurance, a worker must be actively seeking a replacement job that is appropriate for someone with his skills, education and work history. T/F
True
To collect workers compensation an employee's injury must have occurred in the workplace or in a work-related situation. T/F
True
Under the Fair Labor Standards Act, covered workers are entitled to one and a half times their hourly wages for overtime. T/F
True
In a disparate treatment case, the plaintiff can defeat the defendant's claim that the discriminatory employment decision was taken for a "legitimate non-discriminatory reason" by proving that the reason offered was - a pretext - a sham - illusory - fraudulent
a pretext
An employer whose terminated of an at-will employee violates a public policy is liable to the employee for which of the following? - unpaid back pay and benefits - punitive damages - damages for pain and suffering - all of the above
all of the above
Employees who are hired under an at-will employment contract still may not be terminated in which of the following situations? - The employer created a work environment that led to the creation of a "good cause" exception - The termination violates a public policy. - The employee is being dismissed for whistle blowing - All of the above
all of the above
Exceptions to the employment at will doctrine have been created by which of the following? - state statutes - federal statutes - state courts - all of the above
all of the above
How could a private employer institute a voluntary minority racial preference plan without violating Title VII? - If it is for a limited time - If it opens employment opportunities to racial minorities in jobs from which they were traditionally excluded - If it does not eliminate or unnecessarily restrict the hiring of white candidates - All of the above
all of the above
John, who is employed by a private business, was injured on the job. How will OSHA learn of the job safety violation that caused his injury? - John may report his injury directly to OSHA. - John's employer must report his injury to OSHA. - OSHA may conduct an inspection of John's worksite. - All of the above
all of the above
What must a worker do to be eligible for unemployment compensation? - She must have been employed for a specified period of time. - She must be actively looking for another job - She must not have been fired for egregious behavior in the workplace - All of the above
all of the above
Which of the following statements about unemployment compensation is true - An employee must have worked for a minimum amount of time to qualify. - Employees who quit without good cause are ineligible for benefits. - Employees who were fired for cause are ineligible for benefits. - All of the above
all of the above
Assume that the defendant in disparate impact case claims, as an affirmative defense, that the employment practice which is complained of is, "job related and consistent with business necessity." What can Plaintiff show to defeat this defense? - The practice is a pretext for discrimination. - There is another, non-discriminatory employment practice that fills the same function. - The defendant had been investigated by the EEOC at least twice within the last ten years. - Both A and B
both a and b
Bona fide occupational qualification is a defense narrowly interpreted by the courts, which applies to cases of employment discrimination that are based on which of the following? - Gender - National origin - Both A and B
both a and b
Employers who dismiss an employee in a public and demeaning way may be liable to the employee in tort for which of the following? - Invasion of privacy - Intentional infliction of emotional distress - Wrongful interference with a contractual relationship - Both A abd B
both a and b
To collect workers compensation, what must an employee do? - Suffer an injury that arose out of his employment - Be included in the category of workers entitled to workers compensation - Not be out of work for more than ten days - Both A and B
both a and b
Under the National Labor Relations Act, businesses may NOT do which of the following? - Prevent workers from forming a union - Discriminate against workers for joining a union - Lay off workers in business downturns without the approval of twenty-three of the workers in a shop vote - Both A and B
both a and b
What is the source of the employment at will doctrine? - common law - the uniform commercial code - the convention of international employment - federal statues
common law
When an employer creates a work environment so hostile and intolerable that a reasonable employee would quit, the employer has created a condition of ____ . - emotional distress - constructive discharge - retaliation - disparate impact discrimination
constructive discharge
The type of employment discrimination that occurs when employment practices have the effect to disqualify a large portion of a protected class is ____ discrimination. - disparate treatment - disparate impact - quid pro quo - malum in se
disparate impact
The type of employment discrimination that requires a plaintiff to show that the discrimination is intentional is ____ discrimination. - disparate treatment - disparate impact - malum in se - malum prohibitum
disparate treatment
Big Corp is a defendant in a disparate treatment case brought by Pam who is charging that she was denied a promotion because of gender discrimination. Big Corp will likely win if it can establish which of the following defenses? - Pam was denied the promotion for legitimate non-discriminatory reasons. - The reason it gave for denying Pam the promotion was a pretext. - The denial of the promotion was based on mixed motives. - Either A or C
either a or c
What is the legal doctrine that allows an employee to quit at any time for any reason and an employer to fire an employee at any time for any reason? - freedom of contract - free market economics - employment at will - caveat emptor
employment at will
What is the federal statute that prohibits employers from paying employees of one gender less than employees of another gender for doing substantially equal work? - Bona Fide Qualifications Act - Lanham Act - Equal Pay Act - Gender Equity Act
equal pay act
Doctors, lawyers, executives, and others who are not covered by laws regulating overtime pay are classified as ____ employees. - vital - exempt - statutory - goodwill
exempt
The Equal Pay Act is the source of the federal requirement that an employer reasonably accommodate the religious practices of its employees. T/F
false
Title VII prohibitions against gender-based discrimination include adverse employment actions based on sexual orientation. T/F
false
Title VII protections against discrimination based on gender apply only to female employees and not to male employees. T/F
false; applies to both genders
Under Section 7 of the National Labor Relations Act, workers who are members of a union retain the right to negotiate individual employment contracts with their employers. T/F
false; they retain the right to organize, the right to collectively bargain, and the right to strike
Only employers who have ____ or more employees are subject to the Family and Medical Leave Act. - fifty - seventy - 100 - 300
fifty
The Equal Pay Act prohibits discrimination in pay scales and compensation based on ____ . - gender - color - race - national origin
gender
When workers protest a management policy by refusing voluntary overtime and arranging for selected workers to call in sick, they are engaging in a ____ . - strike - lock out - job action - boycott
job action
An employer who prevents employees from coming to work in an effort to accelerate contract negotiations between management and union leadership engages in a ____ . - boycott - job action - lockout - strike
lockout
The final vote in which workers decide whether or not to unionize must be conducted without undue influence from either union or management. The term for these voting conditions is ____ conditions. - neutral - equitable - aboratory - transparent
neutral
When an employer punishes an employee for reporting illegal employment practices to the EEOC, the employer engages in ____ . - retribution - retaliation - quid pro quo discrimination - disparate impact discrimination
retaliation
A claim for discrimination cannot be brought under Title VII if the discrimination is based on ____ . - race - gender - religion - sexual orientation
sexual orientation
Title VII does not provide protection from workplace discrimination if the discrimination was based on the employee's ____ . - gender - sexual orientation - race - color
sexual orientation
The clause in OSHA that details the requirements that different kinds of equipment, such as scaffolding, must meet in various occupations is the ____ clause. - employee benefit - exculpatory - general duty - specific duty
specific duty
Before a binding vote is held in which workers choose to unionize or not unionize, enough workers must sign authorization cards indicating that they are interested in joining the union. What is the percentage of the work unit who must sign these cards? - ten - thirty - fifty - eighty
thirty
A bona fide occupational qualification cannot be used as a defense in claims of discrimination based on race or color. T/F
true
Employers have a duty under Title VII to reasonably accommodate the religious practices of their employees. T/F
true
Following a complaint to the EEOC, Morgan was denied a promotion for which he was qualified. The denial is an example of retaliation that is prohibited by Title VII. T/F
true
It is illegal to retaliate against an employee for filing a complaint with the EEOC. T/F
true
The Occupational Safety and Health Act imposes on employers both a general duty to provide a safe work place and specific duties that are tailored to the employers' particular industries. T/F
true
Under the Pregnancy Discrimination Act, pregnancies must be treated by the employer like any other medical condition that may affect an employee's status. T/F
true
When workers strike for higher wages, management may hire replacement workers and refuse to rehire the striking workers when the strike is over. T/F
true
