Ch 51

The Fair Labor Standards Act (FLSA) regulates wages and hours by entitling covered employees to a time-and-a half rate for work exceeding _____ hours per week.

40

Which of the following is a similarity between Title VII and the employment discrimination provision known as "Section 1981"?

Both Title VII and Section 1981 apply to racial discrimination.

Which of the following is generally true regarding sexual harassment suits under Title VII?

In all sexual harassment cases, the alleged harassment must be unwelcome or the employee will not recover.

An employee cannot sue her employer for a violation of _____.

OSHA

In general, which of the following is an available method of complying with a state's workers' compensation statute?

Participation in the state insurance fund by the employer

Which of the following is least likely to be forbidden by Title VII?

Discrimination against a woman solely because she is a lesbian.

In which of the following ways does the Age Discrimination in Employment Act (ADEA) differ from Title VII?

Unlike Title VII, the ADEA does not incorporate mixed-motives claims of disparate treatment.

The usual Title VII suit is a suit by _____.

a private plaintiff

In order for a worker to succeed in obtaining a workers' compensation award, the worker must demonstrate that the:

injury was work-related

Jack is Martha's boss. They are lifeguards working for the City of Miami. Jack is very interested in developing a romantic relationship with Martha. However, Martha is not attracted to Jack. His attention is unwelcome to her. Jack tells Martha that if she will engage in sexual relations with him, he will give her the highest employee evaluation possible, and she will get a raise. This is an example of:

quid pro quo sexual harassment

What type of damages can a plaintiff recover under Title VII when the defendant discriminated with malice or with reckless indifference to the plaintiff's rights?

Punitive damages

Featherbedding was declared an unfair labor practice by the _____.

Taft-Hartley Act

_____ prohibited federal court enforcement of yellow-dog contracts.

The Norris-LaGuardia Act

The federal and state governments are exempted from which of the following acts?

The Occupational Safety and Health Act

_____ established an 80-day cooling-off period for strikes that the president finds likely to endanger national safety or health.

The Taft-Hartley Act

Recovery for occupational diseases is allowed under the workers' compensation system.

True

The Age Discrimination in Employment Act protects people aged 40 and over from age discrimination.

True

The Occupational Safety and Health Act applies to all employers engaged in a business affecting interstate commerce.

True

The principle of employment at will says that either party can terminate an employment contract of indefinite duration.

True

Title VII of the 1964 Civil Rights Act forbids employment discrimination on the basis of race, color, religion, sex, and national origin.

True

Under the public policy exception to employment at will, most courts limit "public policy" to the policies advanced by existing law.

True

In which of the following situations is an employer least likely to be able to escape Title VII liability on the basis of a BFOQ defense?

Where the alleged BFOQ promotes an accountancy firm's newly adopted goal of fetal protection.

Under Title VII, when can a private plaintiff file a lawsuit?

Within 90 days of receiving the "right-to-sue" letter

Which of the following relieves an employee of the hassle of separately filing charges under Title VII with the EEOC and with the state agency?

Worksharing agreements of the EEOC

A plaintiff will succeed against her employer in a disparate treatment case under Title VII if she can prove that:

her employer discriminates against her on the basis of race.

An employer is most likely to raise the _____ defense for a mixed-motives disparate treatment claim under Title VII.

same-decision

Agnes, a waitress at a restaurant, suffers severe anxiety attacks when things get really busy at her job. As a result, she is a very ineffective waitress when the restaurant is crowded. For this reason, she is fired. Maybe her employer could have assigned Agnes to shifts when the restaurant is not busy, but this would have irritated the other waitresses, caused significant scheduling difficulties, and appreciably increased expenses. If Agnes sues the restaurant under the Americans with Disabilities Act (ADA), the restaurant's best argument would be:

that accommodating Agnes would cause the restaurant undue hardship.

Unemployment compensation is administered by _____.

the states

The 1967 Age Discrimination in Employment Ac (ADEA) prohibits age-based employment discrimination against employees who are at least _____ years of age.

40

Which of the following entities is covered by Title VII? Assume that the entity in question discriminates on one of the bases forbidden by Title VII.

A labor union with 20 members.

In which of the following situations will a state make an award of workers' compensation to an injured worker, if the state is using an "increased risk" test to define the relationship between an injury and the nature of employment?

A security guard employed by a software company is assaulted by a trespasser.

Tina and Tom are co-workers at Acme Corporation. As night custodians, they work together cleaning the Acme office building at night when the building is empty. Tom regularly makes sexual advances toward Tina that distress her. However, Tina has never complained about Tom's conduct to her supervisor, Mary, who only works during the day. Which of the following statements is most accurate?

Acme Corporation may defend that it did not know about Tom's harrassment of Tina.

Which of the following statements about the Equal Pay Act (EPA) is accurate?

An employee may recover liquidated damages under the EPA.

In general, which of the following statements is correct with respect to unemployment compensation?

An individual who has been discharged from employment because of work-connected misconduct is ineligible for unemployment compensation.

The Newtown Police Dept. (NPD) is a force of 55 officers and 30 support personnel. NPD has just adopted new hiring standards for new police officers. These include a minimum height of 5'8", a minimum weight of 160 pounds. Susan is a recent graduate with a Bachelor's Degree in Police Science. She wants to get a job as a police officer in Newtown. However Susan is only 5'5" and she weighs 130 pounds. If Susan brings a legal challenge to NPD's new hiring standards, what legal basis might she have?

Disparate impact

Which of the following statements about the Employee Retirement Income Security Act (ERISA) is accurate?

ERISA does not require employers to establish or fund pension plans.

Identify the type of employers covered by Title VII of the Civil Rights Act of 1964.

Employers with 15 employees or more and engaged in an industry affecting interstate commerce.

Which of the following is one of the four material elements required for meeting the substantially-equal-work condition for application of the Equal Pay Act?

Equal responsibility

Social Security is mainly financed by _____.

FICA

Which of the following is least likely to make an employer liable for unjust dismissal or wrongful discharge under the public policy exception to the employment at will doctrine?

Firing an employee for his refusal to work on a contract to manufacture weapons because of his religious convictions.

While in the course of employment with Marco, Inc., Payne was injured. Marco has complied with the state's mandatory workers' compensation statute. Marco's workers' compensation carrier has asserted the following defenses to Payne's claim for workers' compensation benefits: I. Marco was free from any wrongdoing. II. Payne assumed the risk by disregarding Marco's safety procedures. III. Payne's injury was intentionally self-inflicted. Which defense(s) asserted by the workers' compensation carrier, if proven, will prevent Payne from recovering?

III only

Under which of the following situations is an employee most likely to recover under a workers' compensation system?

Injuries related to occupational diseases

Workers' compensation systems have failed to eliminate which of the following employer defenses?

Injuries resulting from employee horseplay

Which of the following is NOT true about Title VII?

It prohibits discrimination on the basis of homosexuality or transsexuality.

The Employee Polygraph Protection Act is enforced by the _____.

Labor Department

Congress enacted the _____ after congressional investigations during the 1950s uncovered corruption in internal union affairs and revealed that the internal procedures of many unions were undemocratic.

Landrum-Griffin Act