Chapter 2

A _________ is a civil wrong that occurs when the employer violates a duty owed to its employees or customers that results in harm or damages. A. tort B. crime C. constitutional law violation D. failure of due process

A. tort

Which of the following is(are) true regarding federal EEO/AA laws? A. They are very narrow in their coverage of employers. B. Specific agencies exist which regulate administration and enforcement. C. They cover only women, minorities, and certain religious groups. D. None of the above are true.

B. Specific agencies exist which regulate administration and enforcement.

Disparate treatment focuses on _________. A. allegations and evidence about the effects of discriminatory actions B. allegations and evidence about intentions to discriminate C. adverse impact D. quotas

B. allegations and evidence about intentions to discriminate

In EEOC cases, a consent decree is ________. A. mandated by law B. court approved C. limited to non-monetary relief D. limited to affirmative action remedies

B. court approved

The most prevalent form of the employment relationship is _________. A. independent contractor B. employer-employee C. temporary employee D. employer-employer

B. employer-employee

An example of an exception to the principle of employment-at-will would be _________. A. employers cannot discharge employees on the basis of poor performance B. employers cannot discharge employees on the basis of race C. employers cannot discharge employees for stealing from the company D. none of the above

B. employers cannot discharge employees on the basis of race

The role of federal agencies is to __________. A. develop, create, and implement the law B. interpret, administer, and enforce the law C. facilitate greater communication between courts D. render decisions in court cases regarding employment law

B. interpret, administer, and enforce the law

The key to a successful rebuttal in a disparate treatment case is _________. A. to prove adverse impact B. to provide nondiscriminatory reasons for the practice(s) in question C. to show the presence of a "mixed motive" D. to prove discrimination

B. to provide nondiscriminatory reasons for the practice(s) in question

Which of the following factors increase the likelihood that a worker will be considered an independent contractor? A. The independent contractor works without supervision or oversight from the employer. B. The independent contractor sets his or her own work hours. C. The independent contractor is paid by the project rather than by the time spent. D. All of the above.

D. All of the above.

The Age Discrimination in Employment Act focuses on individuals over the age of ________. A. 40 B. 30 C. 20 D. 50

A. 40

What can employers do to ensure that permatemps, that is, individuals from staffing firms who have long-term relationships with an employer, are not considered employees of their firm? A. Never exercise direct control over these people and treat them separate from regular employees. B. Ensure they provide sufficient training and supervision. C. Provide permatemps with special hats indicating their status as temporary. D. None of the above are correct.

A. Never exercise direct control over these people and treat them separate from regular employees.

Which of the following statements is true regarding the laws and regulations which govern the employment relationship? A. Their purpose is to create a reasonable balance of power between the employer and employee. B. Their purpose is to create a reasonable power advantage for employees. C. Their purpose is to create a reasonable power advantage for employers. D. Their purpose is to provide protections for employees only.

A. Their purpose is to create a reasonable balance of power between the employer and employee.

Regarding employment contracts, ________. A. both written and oral contracts are enforceable B. employment-at-will is defined under set-term contracts C. most employees have a contractual right to be discharged only for cause D. all of the above are correct

A. both written and oral contracts are enforceable

The common law principle which states that, in the absence of any contract language to the contrary, either the employer or employee may terminate the employment relationship at any time is called _________. A. employment-at-will B. affirmative action C. equal employment opportunity D. a consent decree

A. employment-at-will

Which of the following is true regarding temporary employees? A. Temporary employees are considered to be employees of the organization which is using their services, not the temporary help agency. B. During job assignments, temporary workers are on the payroll of the organization using their services. C. Use of temporary workers can often raise issues of "co-employment." D. All of the above are correct.

C. Use of temporary workers can often raise issues of "co-employment."

Which of the following statements is true regarding independent contractors? A. An independent contractor is a legal employee of the company which hired him/her. B. Using an independent contractor increases the employer's exposure to laws and regulations governing the employment relationship. C. Using an independent contractor frees an employer from the tax withholding and tax payment obligations it has for its employees. D. Using an independent contractor substantially increases the right of the employer to control the contractor.

C. Using an independent contractor frees an employer from the tax withholding and tax payment obligations it has for its employees.

Which of the following is not covered by the Civil Rights Act ________? A. race B. sex C. disability status D. all of the above are covered by the Civil Rights Act

C. disability status

The essence of a BFOQ is that _________. A. it is always illegal B. it reduces discrimination C. it justifies discrimination based on reasonable necessity of the job D. it prohibits selection through use of a protected characteristic (e.g., gender)

C. it justifies discrimination based on reasonable necessity of the job

The primary source of common law is ________. A. the Constitution B. federal statutes C. past court decisions D. federal agency guidelines

C. past court decisions

When using stock statistics in job selection discrimination cases, the comparison being made is __________. A. differences in proportions of groups hired B. percentages of groups concentrated in certain job categories C. percentages of groups in job categories relative to their availability in the population D. percentages of union versus non-unionized employees

C. percentages of groups in job categories relative to their availability in the population

Statutory law is derived from ________. A. court cases B. the US constitution and its amendments C. written documents passed by legislative bodies D. agencies at the federal, state and local levels

C. written documents passed by legislative bodies

Agencies that regulate fair employment practice exist at which level? A. federal B. state C. local D. all of the above

D. all of the above

Which of the following is prohibited discrimination under civil rights law? A. discrimination in hiring B. discrimination in compensation C. discrimination in classification D. all of the above

D. all of the above

Enforcement mechanisms used by the OFCCP ________. A. rarely involve employer site visits B. are identical to those used by the EEOC C. are unrelated to specific AA plans D. may involve conciliation agreements

D. may involve conciliation agreements

Due process rights have their primary source in _________. A. EEOC guidelines B. federal statutes C. state statutes D. the U.S. Constitution Amendments

D. the U.S. Constitution Amendments

The initial burden of proof in discrimination claims lies ______. A. with the defendant B. with the court C. equally with the court and the federal agency D. with the plaintiff

D. with the plaintiff