Employment law midterm exam+ final
Not just sexual harassment, but all forms of harassment are prohibited by the Title Vll. (T/F)
False
In disparate treatment cases: A. The focus is on proving the employer's discriminatory intent B. The focus is on showing the discriminatory effects of the employer's actions C. The focus is on showing that unfair treatment occurred D. The focus is on showing that the employers hold racist or sexist views
A
In the case of "equal opportunity harassers" who harass both men and women, the courts tend to rule: A. For the harasser, because the harassment is not because of sex B. For the harasser, because harassment is not proven in that circumstance C. For the victim of the harassment, because the harassment is because of sex D. For the victim of the harassment, because harassment is proven generally
A
Regarding a perceived disability, it is correctly to say that: A. People who are not disabled, but are erroneously regarded as being disabled are protected by the ADA B. Managers should not learn about any medical restrictions placed on their employees before making decisions about their suitability for employment opportunities C. Only people who are perceived as having a mental disability come under this category D. People who are regarded as disabled even though they are not, are not entitled to a reasonable accommodation
A
Regarding surveillance and video monitoring of the employees, it is correct to say all of the following EXCEPT: A. Before surveillance or video monitoring of employees can take place, a search warrant must be obtained B. Surveillance and video monitoring of employees can take place in all places open to public view, without the need of a search warrant C. All employees, public and private, have some reasonable expectation of privacy at work
A
Regarding the "severe" or "pervasive" standard for assessing harassment cases, which of the following statement is NOT true? A. To prove harassment, the plaintiff must show that the conduct complained of both severe and pervasive, unless it occurs outside work B. To prove harassment, the plaintiff must show that the conduct complained of was severe or pervasive C. The degree of severity required is in inverse proportion to its pervasiveness D. None of the above
A
The Americans with Disabilities Act (ADA): A. Applies to private sector employers with 15 or more employees B. Amends and supersedes the Rehabilitation Act C. Protects all disabled persons against discrimination in employment by covered employers D. Applies to federal government contractors
A
To be eligible for unemployment insurance: A. The employee must be involuntarily unemployed B. The employee must be willing to perform any work that is offered C. The employee must be available to work within 90 days of becoming unemployed D. The employee must go on interviews at least 20 hours per week
A
To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked: A. At least 1250 hours during the previous 12 months B. At least 625 hours during the previous 6 months C. At least 2080 hours during the previous 12 months D. At least 1040 hours during the previous 6 months
A
Under the ADA, it is important that job descriptions: A. Clearly identify the essential functions of jobs B. Clearly specify how jobs tasks are to be carried out C. List reasonable accommodations that are available to an employee in this job D. Clearly identify the working conditions for this job
A
Which of the following is a "qualifying event" under the FMLA? A. Birth of a child B. Death of a parent C. Serious health condition of an employee's grandparent D. Serious health condition of a fiancée
A
Which of the following is a protected class characteristic? A. Religion B. Height C. Intelligence D. Management status
A
Which of the following is an element of an intrusion upon seclusion privacy tort claim? A. One party intentionally pries into the private affairs of another B. The broad disclosure of private information to others C. The use of private information by others for their own benefit D. All of these
A
Which of the following is true regarding the role of conduct outside of the workplace in harassment cases? A. Employers can be held liable based on harassing conduct that occurs outside of the workplace B. The sexual activities of persons who allege harassment will be examined in order to determine whether the treatment received was unwelcomed C. The marital statuses of the plaintiff and the alleged harasser will be taken into account in determining whether harassment occurred D. All of these
A
Even though an applicant is qualified, an interviewer can defeat a claim of disparate treatment if he declines to hire based on his subjective judgment. (T/F)
False
1. A salesman was to attend a meeting in a nearby city, but as he travels there in his car, traffic was light, and he arrived about an hour early. Deciding not to waste the time, he went to a nearby shopping center to search for a birthday gift for his son. He found a tablet that he knew the boy would like, and headed out to drive to the building where the meeting was being held. As he backed out of the parking space, however, he hit another car, damaging the car and injuring the driver. Under the doctrine of respondent superior, is his employer liable for the accident? Why or why not? A. yes, the employer is liable for the accident because the salesman was driving to attend a company meeting B. no, the employer is not liable for the accident because the salesman was on an arrand of his own at the shopping center
B
A department store clerk learns that her employer has placed a hidden video camera in the employee changing room. If she sues, the claim would most likely be for: A. Violation for her 4th amendment right to be free from unreasonable search or seizure B. Intrusion upon seclusion C. Public disclosure of private facts D. False imprisonment E. Appropriation of a name or likeness
B
A principal objective of the Occupational Safety and Health Act is ___________. A. Compensating employees for injuries and illnesses that occur on the job B. Preventing injuries and illnesses on the job C. Promoting healthier life styles for employees
B
By law, employers must arrange workers' compensation coverage for their employees. They may do this by any of the following except: A. Contributing to state workers' compensation funds B. Contributing to federal workers' compensation funds C. Self insuring D. Purchasing coverage from private insurers
B
In the case in which a women ended her brief fling with a supervisor while on vacation, and was demoted when she rebuffed him, the appeal courts ruled: A. To affirm the summary judgment ruling in favor of the male supervisor because no harassment was proven B. To reverse the summary judgment ruling in favor of the male supervisor because the women raised issues of material facts C. To dismiss the case for failure to state a cause of action D. To reverse the summary judgment ruling in favor of the male supervisor because he was not the woman's supervisor
B
The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that: A. All persons returning from the military service must be reemployed B. Employers must attempt to reinstate persons returning from the military service into the positions that they would have attained absent service, including any promotions C. Employers continue to provide at least partial pay to employees serving in the military for up to 24 months
B
The basic criteria for identifying the essential functions of a position are all of these EXCEPT: A. The position exists to perform this function B. No other employees are available to perform this function C. The function is highly specialized
B
Under U.S. employment laws, employees have the right to: A. Not be fired, as long as they do a good job B. Be treated fairly in all aspects of the workplace, including receiving fair compensation C. Have paid vacation after 1 year of employment Expect their employers to comply with employment laws
B
Under the FMLA, employees are entitled to: A. Have all benefits maintained under the same conditions as if the employee had not taken leave B. Have only health benefits maintained under the same conditions as if the employee had not taken leave C. Be restored to the exact position they left if they are deemed a "key employee" D. A minimum of ½ salary during their leave
B
Which of the following is a difference between employing foreign nationals with work visas for work in the U.S. and employing U.S. citizens? A. The eligibility for foreign nationals to work in the U.S. must be documented on an 1-9 form, while this is not required for citizens B. The duration of employment is limited for foreign nationals, but not for citizens C. Foreign nationals can be paid lower wages and offered fewer benefits than citizens D. Foreign nationals must supply proof of citizens
B
In a disparate impact case, the focus is on the employer's intention (T/F)
False
Which of the following is required for a successful implied contract wrongful discharge claim? A. A written contract signed by both the employer and the employee B. A specific oral promise limiting employment at will C. A clear and prominent written disclaimer D. The financial situation of the employer has changed
B
Which of the following is true of harassment? A. All harassment cases involve sexual harassment B. Harassment is legally actionable because it is a form of discrimination C. Harassment claims are rarely brought by men D. All harassment claims are actionable
B
Which of the following is true regarding discrimination? A. The number of discrimination claims filed has decreased over the past decade as employers have paid more attention to promoting diversity in the workplace B. Discrimination has become more subtle and difficult to eliminate in recent years C. The main challenge in confronting discrimination is to get women and persons of color into workplaces; they can take it from there D. Discrimination occurs anytime that persons are treated unequally or unfairly in the workplace
B
Which of the following is true regarding medical exams under the ADA? A. All medical exams must be voluntary B. Medical exams conducted following conditional offers of the employment may see medical information that is not job-related C. Only if an employee's condition makes him a direct threat to himself or others can he be denied an employment opportunity based on a medical exam D. People who are disables or look disabled may be singled out to receive medical exams based on their condition
B
Which of the following is true regarding want ads and job announcements? A. Employers are legally required to post written job announcements and ads B. The wording of job announcements and ads must be neutral C. Job announcements and ads must not be placed in publications that are narrowly targeted toward particular protected class groups D. An ad may be placed online, but must also be in print media
B
Which of the following statements is most correct regarding the interviewing process: A. The degree of subjectivity in interviewing applicants tend to be low B. The use of a structured interview may provide more uniform results, and fewer charges of discrimination C. The degree of subjectivity in interviewing applicants tends to be uniform D. Interviewers generally know when they are responding negatively based on stereotypes
B
A former employee of your firm was dismissed when it was suspected that she had stolen from the petty cash account. It could not be proven, but suspicions were strong enough that the firm decided to let her go. She has now applied to another firm, and listed your firm as a reference. What should you do? A. Tell the prospective employer about your suspicions, or you might be held liable if she steals money from them and you didn't tell them B. Don't tell them about your suspicions; just give her a glowing reference C. Don't tell them about your suspicions; just give a "service" reference D. Any of these is an acceptable choice
C
Distinguishing between employees and independent contractors is important because: A. Income tax must be withheld for independent contracts, but not employees B. Employers have fewer legal obligations to employees C. Employers can defend their noncompliance with employment laws by proving that persons performing work are independent contractors D. It is not important to distinguish between employees and independent contractors.
C
Negligence hiring: A. Makes employers liable for harm that occurs when employees act within the scope of their employment B. Makes employers liable for any harm that is caused by their employees C. Makes employers liable for harm that occurs when the employees who are not properly screened act outside the scope of their employment D. Holds employers blameless for harm caused by their employees outside the scope of their employment
C
Nepotism and word of mouth hiring: A. Are specifically prohibited by Title VII because of their potential to produce discriminatory effects B. Are not optimal recruiting procedures, but they raise no significant legal issues C. Tend to produce discriminatory effects, depending on how racially homogeneous an employer's existing workforce is D. Have been subjected to numerous legal challenges, but have been consistently upheld under Title VII
C
Sources of employment law include all the following EXCEPT: A. Federal law B. State law C. Ads for job openings D. Constitutions
C
The bona fide occupational qualification (BFOQ) defense: A. Applies to intentionally discriminate policies but not to neutral policies that result in discrimination B. Applies to intentionally discriminatory policies but not to neutral policies that result in discrimination C. Is the only means by which employers can avoid liability for facially discriminatory policies or practices D. Is never effective against a claim of racial discrimination
C
Under the FMLA, employers have the right to: A. Require that employees provide documentation of any serious health condition prior to being granted leave B. Cancel the leave of "key employees" C. Delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable D. Terminate employees who fail to provide required documentation
C
Under the Pregnancy Discrimination Act (PDA): A. Employers are required to provide leave for childbirth and medical problems related to pregnancy B. Employers are required to restore employees returning from pregnancy leave to their former jobs or equivalent positions C. Employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end D. Employers may require employees to take their leave under the FMLA
C
Which of the following is NOT true of a trade secret? A. It derives economic value from not being known to others B. The owner must take steps to preserve its secrecy C. It must be registered with the government D. It can be protected with a nondisclosure agreement
C
Which of the following is a necessary element of a sexual harassment claim? A. The harasser intended to inflict emotional distress and embarrassment on the victim B. The sex of the harasser differed from the sex of the victim C. The harassment was unwelcomed D. The harasser made a sexual advance or requested a sexual favor
C
In order to qualify for leave under the Family and Medical Leave Act, one condition is that an employee has been on the job for at least 6 months. (T/F)
False
Which of the following is most likely a proper application of a BFOQ? A. Transferring pregnant woman out of a department that worked with chemicals known to be harmful to a fetus B. Not hiring women for the night shift because the factory is in a very dangerous part of town and the company parking lot requires a ½ mile walk to the site C. Requiring airline pilots to retire at 60 years old D. Requiring all airline employees to retire at 60 years old
C
Which of the following is true of OSHA's permanent standards? A. They must be followed without exception B. They apply to firms in all industries C. They are adopted only after a lengthy process of public hearing and documentation D. They provide for the safest actions possible
C
An employee is not disabled under the ADA if: A. She has an existing disability which substantially limits a major life activity B. She is erroneously regarded as being disabled C. She is not currently disabled, but has a record of a prior disability D. She has a disability which does not substantially limit a major life activity
D
Drug testing may include samples of all of the following EXCEPT: A. Blood B. Saliva C. Hair D. Fingernails
D
In Dorshkind v. Oak Park Place of Dubuque ll, Dorshkind claimed a wrongful discharge maintaining that her report of the wrongdoing of other employees fell within the public policy exception to employment at will, so that she should not have been terminated from her employment. The court ruled: A. For the employer, finding that the other employees had not engaged in wrongdoing B. For the employer, finding that, although the other employees had engaged in wrongdoing, that did not create a public policy exception for Dorshkind C. For the employee, Dorshkind, because, although there was no policy exception for reporting the wrongdoing of others in this situation, Dorshkind did not commit any wrongdoing, and so could not be fired D. For Dorshkind, finding that a public policy exception existed which precluded her firing for reporting the wrongdoing of her coworker
D
In Lewis v. Heartland Inns of America, a front desk worker was fired following complaints by one manager that her dress style was "more masculine," and that she had "an Ellen DeGeneres kind of look." If she sues, the court will most likely decide: A. For Heartland Inn, because plaintiff did not prove that she was treated differently than similarly situated males B. For Heartland Inn because Lewis did not comply with the Heartland dress code C. For Lewis because of the manager's personal bias towards her D. For Lewis because the kind of sex stereotyping, she encountered constituted sex discrimination
D
Under the economic realities test: A. If the hired party depends on the job for a small portion of her income, that favors the conclusion that she is an employee B. If the hired party performs tasks that are central to the hiring party's business, that favors the conclusion that she is an independent contractor C. If the hired party performs low-skilled work, that favors the conclusion that she is an independent contractor D. If the hired party provides her own tools and materials, that favors the conclusion that she is an individual contractor.
D
Which of the following is FALSE regarding grooming and appearance standards for employees? A. Applying different standards to men and women may result in sex-plus discrimination B. Standards that are sex-stereotypical in nature are likely to be discriminatory C. Dress requirements that result in harassment are likely to be discriminatory D. Applying different standards to men and women will result in sex-plus discrimination
D
Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case? A. Proof that the employer intended to discriminate B. Proof that the employer's stated motive is not credible C. Statistical evidence of discriminatory effects D. Proof that the employer's states reason for its action is false or credible
D
Which of the following is necessary to establish the existence of a disability under the ADA? A. Having a physical basis for one's impairment B. Being diagnosed with an impairment that is included on the ADA's list of recognized disabilities C. Receiving regular medical treatment for one's condition D. Having a physical or mental disability which affects at least one major life activity
D
Which of the following statements is most correct about the legality of drug testing? A. Drug testing will usually be upheld, provided that the employer had reasonable grounds for suspecting that the individual employee was under the influence of drugs B. Drug testing will usually not be upheld if it is legally challenged C. Drug testing will be upheld for private sector employees, but not for public employees D. Drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge
D
Which of the following would NOT be considered a sex-plus policy issue? A. Hiring women only after they have gone through menopause B. Requiring men, but not women, over 40 years old to have annual physicals C. Hiring male newlyweds but not hiring female newlyweds D. Asking men and women about childcare arrangements during a pre-employment interview
D
In order to take advantage of the religious organization exemption, the religious organization must prove a BFOQ based on religion. (T/F)
False
A valid investigation of a harassment claim by an employer requires at least due process. (T/F)
False
An employer has the right to check references and generally delve into the background of job applicants, and the applicants have no expectation of privacy if they apply for a job. (T/F)
False
An employer's constructive discharge of an employee creates a cause of action for that employee for wrongful discharge. (T/F)
False
Because appearance skews so heavily in favor of attractive people, weight and appearance are protected categories in most jurisdiction. (T/F)
False
Check whether a job applicant has ever been arrested is never discriminatory. (T/F)
False
Content validity is demonstrated when people who are doing the job well pass the test required for those who are applying for the job. (T/F)
False
Employment laws are passed only by state and federal governments, not by cities or countries. (T/F)
False
Once a reasonable accommodation is made for a disabled employee, the employer has met its obligation for the duration of the person's employment. (T/F)
False
Public employers, but not private employers must establish probable cause or obtain warrants before conducting workplace searches. (T/F)
False
Punitive damages are not available in employment discrimination cases (T/F)
False
Since the passage of the Civil Rights Act of 1964, employment discrimination has largely disappeared from the workplace (T/F)
False
The "reasonable accommodation" standard is the same for both disability and religion. (T/F)
False
The Fourth Amendment to the U.S. Constitution prohibits drug testing, as it is an unreasonable search and seizure. (T/F)
False
The OSHA act created two more agencies. (T/F)
False
The escalator principle is a doctrine that permits employees absent under the FMLA to be promoted to the positions they would have obtained if not absent. (T/F)
False
The legal term for a reduction in force is downsizing. (T/F)
False
The specific actions that constitute "reasonable accommodations" for disability are set forth in the Americans with Disabilities Act. (T/F)
False
The structure of employment has remained relatively stable since the early 1900s (T/F)
False
Unless an employee has a written contract of employment for a term of years, she cannot sue for termination based on contract. (T/F)
False
Downsizing should not be discriminatory, but the chief concern is age discrimination. (T/F)
True
For both public and private employers, affirmative action plans are subject to strict scrutiny. (T/F)
True
In a disparate treatment case, the focus is on the employer's intention (T/F)
True
It can be difficult to determine whether an employment relationship exist (T/F)
True
One of the grounds for recognizing BFOQs is privacy. (T/F)
True
Privacy rights arise from the US constitution's 4th amendment. (T/F)
True
Same-sex harassment is actionable only if it is "because of sex". (T/F)
True
There are more firms with 0-4 employees than any other size firms. (T/F)
True
There is little federal protection for discrimination against gays, lesbians, bisexual and transgender persons. (T/F)
True
To be actionable, the more "severe" harassment is, the less "pervasive" it needs to be. (T/F)
True
Under some circumstances, employers can refuse to restore key employees to their previous positions pursuant to the Family and Medical Leave Act. (T/F)
True
Under the OSHA act, the workplace need not be made completely safe, but must be safe enough. (T/F)
True
Regarding undocumented workers, the policy of the federal agencies has been to enforce employment laws for such workers without inquiring as to their legal status. However, the remedies available to such a worker may be limited because of his status. State and explain the policy reasons behind each of these decisions.
the policy reasons behind the decisions to enforce employment laws for such workers without inquiring as to their legal status is so all employees are treated fair. This way all employees are treated the same regardless of their legal status. Their remedies available may be limited because of his status due the fact that they are unavailable for work; for example, they are unable to receive front pay, back pay, and reinstatement. This was determined by the purpose of the fair Labor Standards Act.