LS Exam 3

Kirk desires to work at Victoria's Secret as a salesclerk. Part of the task of a salesclerk is to go into the fitting room with shoppers and measure their bust size either partially clothed or naked. Kirk applies for the job, but the person in charge of hiring refuses to hire him. She specifically states that he is the most qualified for the position, but she cannot hire him because he is a male and it could make female customers sexually uncomfortable. In this situation

Victoria's Secret has a bona fide occupational qualification defense

When an agency relationship terminates, third parties who had business interactions with the agent must be given _______ notice.

actual

Which class is protected under the Age Discrimination in Employment Act (ADEA)?

ages 40 and up

_____ is that system in which the U.S. Constitution allocates specific powers to each branch of government to keep the respective branches from dominating one another.

checks and balances

Negotiations between a group of employees and an employer to determine conditions of employment is referred to as _______.

collective bargaining

Susie and Jerry had a heated argument, and Susie decided to make her attacks to Jerry public. Which one of the following forms of speech would be most likely protected under the First Amendment, were Susie to engage in it?

derogatory speech

When a third party is aware an agent is making an agreement on behalf of a principal and also knows who the principal is, the principal is said to be _______

disclosed

The First Amendment contains which of the following clauses?

establishment clause

Under _______, a third party would be aware of the principal's existence but not his or her identity.

partial disclosure

Which of the following is not a valid reason to fire an employee under the employment-at-will doctrine?

race

Who is covered under the provision of the FLSA that mandates employees working more than 40 hours a week earn time and a half pay?

regular salespersons

Employers may use social media in hiring and firing decision provided _______

the employer does not run afoul of state and federal employment laws and regulations.

Death, insanity, and bankruptcy of the principal will _______ an agency relationship.

terminate

Which of the following statements best explains federalism?

It is a system of government in which the authority to govern is divided between federal and state governments.

Which of the following statements is true regarding a disclosed principal?

The principal is liable for the agreement his or her agent makes with the third party.

What is the first thing a plaintiff should establish to prove a case based on disparate impact?

The rule disproportionately restricts employment opportunities for a protected class

Which title of the Civil Rights Act (CRA) of 1964 governs civil rights in employment situations?

Title VII

Tyler worked full-time as a maintenance worker at a factory. One day Tyler was fired. Under what circumstance below would Tyler be able to collect unemployment compensation under FUTA?

Tyler was fired as part of a reduction in force due to a slow economy.

Under the doctrine of respondeat superior, the principal/employer holds vicarious liability, which is best described by which of the following statements? _______, which is liability assigned without fault, for any harm the agent/employee causes while working for the principal.

Vicarious liability holds the principal liable for any harm the agent/employee caused while working for the principal.

Which of the following occurrences does not give employees family-medical leave under the Family and Medical Leave Act?

All of these occurrences are covered.

Which of the following is not a defense available in response to Title VII claims?

Americans with Disabilities Defense.

The Family and Medical Leave Act (FMLA) covers which of the following?

FMLA covers all public employers and private employers with 50 or more employees.

Bright Daffodils Inc. operates in a state where the smoker's rights law is prevalent. Samantha, the HR manager at Bright Daffodils, wants to terminate an employee, Lara, because she is a smoker. Which of the following is true in the context of the given scenario

Lara cannot be legally terminated for smoking outside the workplace.

In order for a third party to sue an employer for a tort committed by the employer's agent, the third party must establish which of the following?

That the agent did not make a substantial departure from the course of the employer's business

__________ is the organization that enforces the Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Administration

Which of the following statements is true regarding an agent who commits a tort that injures a third party?

The agent is personally liable regardless of the principal's classification and liability of the principal.

If the state proposed a law banning students from wearing cross jewelry to class, students could challenge the law as banning which provision from the Bill of Rights?

The free exercise clause of the First Amendment

Which of the following does an employee not need to demonstrate to recover benefits under workers' compensation?

The injury was serious enough for inpatient hospitalization care.

Which of the following is not found in the Fifth Amendment?

The prohibition against unreasonable searches and seizures.

Tom works as a mid-range executive at a brake pad manufacturing firm. In the course of his duties, he finds out the chief officers are committing tax fraud and running a pyramid scheme through the company's resources. He decides to inform the authorities about the officers. What can we say about Tom?

Tom cannot be fired for being a whistle-blower due to the public policy exception.

Vick owns a used car dealership that he manages himself. One of his old salesmen retires, so he is looking to hire a new car salesman. He places an advertisement in the newspaper, and narrows it down to two potential salesmen. After the interview, he settled on hiring Caleb. But after casually looking him up on Facebook, he found out he was gay. He calls Caleb and says he can't hire a gay man at his work because they are a Christian business. In this situation

Vick is not in violation of Title VII of the CRA. Correct

The Fair Labor Standards Act requires which of the following?

a minimum wage of a specified amount be paid to all employees in covered industries.

The commerce clause

authorizes the federal government to regulate interstate commerce and international commerce

Anne and Ted skip a day of work. Their employer, Julie, fires Anne but does not fire Ted. The main reason for firing Anne was that she is a young and beautiful girl. This scenario is an example of _______

disparate treatment

Joshua enters into an agreement with Cathy, an interior designer, to redo his house. Once Cathy has completed designing and decorating the house, she no longer has the authority to act on Joshua's behalf. Under the given circumstances, the agency terminated due to

fulfillment of purpose.

A(n) _______ typically allows the agent to conduct all business for the principal.

general power of attorney

The First Amendment of the U.S. Constitution

gives the right to limit free speech

The principal can be liable if an agent commits a crime

if the principal authorized the criminal act.

Disparate treatment is sometimes referred to as _______ discrimination, and disparate impact is often referred to as _______ discrimination.

intentional/unintentional

Mac, a successful restaurateur from Georgia, wanted to expand his business to Memphis, Tennessee. He was denied a business license from the regulatory authorities in Memphis. The authorities told him that he was a nonresident and could not get a license to conduct business in Tennessee. This denial is a blatant violation of the

privileges and immunity clause

The supremacy clause

provides that any state or local law that directly conflicts with the U.S. Constitution or federal laws is void.

Lily asked her boss, Duke, for a hike in salary based on her successful completion of two important projects in the past six months, which might otherwise have taken at least a year to complete. Duke was impressed with her performance but asked her to meet him upstairs later at night in his apartment to discuss the matter further. On other occasions, Lily found Duke getting physically too close to her. On Lily's refusal to meet at his apartment, Duke declined her request for a raise. This scenario is an example of _______

sexual harassment

The Federal Trade Commission has issued a ban on an ingredient which cannot be allowed in products. This ban is based upon research showing its role in increased birth defects. If North Carolina permits the usage of this ingredient in a dietary supplement, then North Carolina would be a violation of the _____.

supremacy clause

The full faith and credit clause requires that courts in all states

uphold contracts and public acts established in other states, as long as they do not violate their public policy.

At-will employment implies that an employer can fire an employee _______

without any reason

Under the Immigration Reform and Control Act, employers are required to confirm _______, which means that every new employee, at the time of hire, must fill out a(n) _______.

work authorization; I-9

The Occupational Safety and Health Act (OSHA) promulgates _______ for employers with _______.

workplace safety standards; 11 or more employees

Starr worked at Dewey, Cheatum & Howell, a law firm, for two years. One day she sent an email to her boyfriend from her work computer. The next day, during her lunch break, she decided to go online at work and order a new dress for her date that weekend. Later that evening, after everyone else had gone home, Starr went online at work and viewed a pornographic website. The next day, Starr was reprimanded by her employer. Which of the following is true with regard to Starr's right to use her employer's computer?

Starr has no reasonable expectation of privacy with regard to her use of her employer's computer; therefore, the employer was within its rights to reprimand her.

If the police use thermal imaging to detect heat patterns emanating from private homes, they are probably violating which amendment?

fourth amendment

Which of the following refers to the residual power left to the states once the Commerce Clause is accepted as granting the federal government power over interstate commerce?

police power

At present, federal law prohibits discrimination based upon all but which of the following

sexual orientation

Which statement best describes a principal's liability for acts of an independent contractor under the doctrine of respondeat superior?

A principal is generally not liable for the acts of an independent contractor.

When determining whether men and women do equal work and deserve the same pay under the EPA, what factor do courts not consider?

All of these factors help the court determine whether the work was equal.

_________ occurs when an employee is treated differently on the basis of being a member of a protected class.

Disparate treatment

Under Title VII, which of the following is a type of sexual harassment?

Quid pro quo.

Which of the following terminations occurs by act of parties?

Renunciation by an agent.