Business Law Ch.18 Pretests

A plaintiff who proves unlawful discrimination may be awarded reinstatement and back pay, but not retroactive promotions.

False

A promise that an employer makes in an employee handbook regarding discharge will not be considered part of an implied contract.

False

A whistleblower is an employee who reveals confidential information about a fellow employee to an employer.

False

All employers must provide their employees with up to twelve months of family or medical leave.

False

All unemployed workers who are willing and able to work are eligible for unemployment compensation.

False

An employer may avoid laws regulating monitoring activities by informing employees that they are subject to monitoring.

False

Children must be at least thirteen years old to work in hazardous occupations.

False

Employees are entitled to overtime pay only at their employer's discretion.

False

Employees who receive tips on the job cannot be paid less in direct wages than the federal minimum wage.

False

Employers can treat their employees more or less favorably based on their religious beliefs or practices

False

Sexual harassment occurs only if sexual favors are demanded of an employee.

False

State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act of 1967.

False

The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of national origin.

False

The Civil Rights Act of 1964 does not protect against reverse discrimination.

False

The Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males.

False

Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.

False

To hire employees from other countries, an employer must first obtain the approval of the U.S. Immigration and Customs Enforcement.

False

Under federal law, only key employees who take temporary family or medical leave are entitled to job reinstatement.

False

Under the Age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person "outside the protected class."

False

Under the Americans with Disabilities Act of 1990, an employer must hire unqualified applicants who have disabilities.

False

Whistleblower statutes protect employers who report their employees' wrongdoing.

False

A key employee is defined as an employee whose pay falls within the top 10 percent of the firm's workforce.

True

An employee who is fired outside of the terms of an implied employment contract may succeed in an action for breach of contract.

True

An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action.

True

An employer may not hire an illegal immigrant under any circumstances.

True

Both employers and employees contribute to help pay for benefits that will partially make up for the employees' loss of income on retirement.

True

Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964.

True

Disparate-impact discrimination occurs when a protected class of individuals is adversely affected by an employer's practices, even though they do not appear to be discriminatory.

True

Employers cannot forbid their employees from participating in any religious activity.

True

Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.

True

Only the federal government sets safety standards governing workplaces.

True

Protection against discrimination under the Civil Rights Act of 1964 does not extend to individuals who are harassed by members of the same gender.

True

Under the employment-at-will doctrine, an employer can end an employment relationship at any time.

True

When the harassment by co-workers creates a hostile working environment, an employee may have a cause of action against the employer.

True

Whistleblower statutes protect employees from retaliatory discharge

True

Fact Pattern 18-1 Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability. Refer to Fact Pattern 18-1. To successfully defend against Beth's claim, COC will have to show that a. Beth consistently failed to meet the essential requirements of her job. b. COC cannot make changes to the doors without undue hardship. c. Dian is qualified for Beth's position. d. the doors were not installed as an act of intentional discrimination.

a. Beth consistently failed to meet the essential requirements of her job.

Cody believes that Delta Corporation has discriminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that a. Cody is a member of a protected class. b. Delta has no legal defenses against the claim. c. discriminatory intent motivated Delta's act. d. other firms in Delta's industry have committed discriminatory acts.

a. Cody is a member of a protected class.

Jason and Katrina work on the loading dock for Longhaul Transport Company. Jason has a disability. Katrina has seniority. Jason asks for a transfer, which would represent an accommodation for his disability. Longhaul gives the transfer to Katrina on the basis of her seniority. Jason files a suit against Longhaul for discrimination on the basis of his disability. The court is most likely to rule that a. Katrina's seniority is a good defense. b. Jason's disability is a sufficient basis for relief. c. Longhaul's action was a business necessity. d. Longhaul's action was a reasonable accommodation.

a. Katrina's seniority is a good defense.

Workbilt Hardware Company employs workers, including Gina, at six locations in two states. Workbilt's discharge of Gina outside the terms of an employment contract may result in a. Workbilt's liability for damages. b. Gina's deportation under the Immigration Act. c. discontinuance of Gina's health-plan coverage. d. monitoring Workbilt's communications for privacy violations.

a. Workbilt's liability for damages.

Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is a. a constructive discharge. b. a destructive discharge. c. an instructive discharge. d. not a discharge.

a. a constructive discharge.

Svetlana, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on a. age. b. disability. c. gender. d. race.

a. age.

Tyrone is seventeen years old. Under the Fair Labor Standards Act, he a. cannot work in a hazardous occupation. b. cannot work during school hours. c. must obtain a permit to work. d. none of the choices.

a. cannot work in a hazardous occupation.

Conrad and Delilah are employees of AgriBio Feed & Seed Corporation. Under the Equal Pay Act of 1963, AgriBio can legitimately pay different wages on the basis of a. seniority. b. job descriptions. c. substantial equality of skill, effort, and responsibility. d. gender.

a. seniority.

Dakota believes that Credit Services Corporation (CSC) has discriminated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act of 1964. To establish a prima facie case of employment discrimination, Dakota must show that a. she is a member of a protected class. b. CSC has no legal defenses against the claim. c. discriminatory intent motivated CSC's act. d. no other firm in CSC's industry has committed a discriminatory act.

a. she is a member of a protected class.

Paula, a disabled person, applies for a job at Quantity Corporation for which she is well qualified, but for which she is rejected. Quantity continues to seek applicants and eventually fills the position with a person who is not disabled. Paula is most likely to succeed in a suit against Quantity for discrimination under the Americans with Disabilities Act of 1990 if she can show that a. she was not hired solely because of her disability. b. she can function well with corrective devices or on medication. c. her disability causes her undue hardship. d. she could not perform the job even with reasonable accommodation.

a. she was not hired solely because of her disability.

Hu, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by a. the employer. b. the individuals. c. the individuals' countries of origin. d. the U.S. Citizenship and Immigration Services.

a. the employer

Fact Pattern 18-1 Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability. Refer to Fact Pattern 18-1. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that a. Beth consistently met the essential requirements of her job. b. COC refused to make reasonable accommodation for Beth. c. Dian is unqualified for Beth's position. d. the doors were installed as an act of intentional discrimination.

b. COC refused to make reasonable accommodation for Beth.

Erasmus files a suit against Drain-Pro Plumbing & Repair LLC under the Civil Rights Act of 1964, claiming reverse discrimination. To support this claim, Erasmus must show that he is a member of a. a protected class. b. a majority group. c. an employers' association. d. a union.

b. a majority group.

Jo works for Tall Tales Publishing, Inc. The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA) is based on her a. seniority at Tall Tales. b. annual wage base. c. special job skills. d. county of residence.

b. annual wage base.

Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is a. reverse discrimination. b. disparate-impact discrimination. c. disparate-treatment discrimination. d. not discrimination.

b. disparate-impact discrimination.

Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than a. eight hours in a day. b. forty hours in a week. c. 160 hours in a month. d. one year for the same employer.

b. forty hours in a week.

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of a. experience. b. gender. c. intelligence. d. skill.

b. gender.

Elsa participates in a Title VII investigation at the firm where she works. As a result, Elsa's employer demotes her. Elsa can file a a. harassment complaint. b. retaliation claim. c. constructive discharge claim. d. disparate-impact discrimination claim.

b. retaliation claim.

Mythic Games Company employs two hundred workers full-time. If Mythic Games plans to have a mass layoff, it must provide its employees with at least a. thirty days of notice. b. sixty days of notice. c. ninety days of notice. d. one year of notice.

b. sixty days of notice.

Network Industries, Inc., wants to monitor its employees' electronic communications. To avoid liability under laws related to employee monitoring, Network should announce the monitoring to a. no one. b. the employees. c. the government. d. the public generally.

b. the employees.

Café Cuisine Dining, Inc., employs one hundred workers at three locations in two states. Under federal law, Café Cuisine must provide its employees, during any twelve-month period, family or medical leave of up to a. twelve days. b. twelve weeks. c. twelve months. d. twelve years.

b. twelve weeks.

Samson is a government employee. Samson is limited in drug testing by the a. First Amendment. b. Second Amendment. c. Fourth Amendment. d. Eighth Amendment.

c. Fourth Amendment.

Machine Corporation requires its employees to have a high school diploma, claiming a definite connection between a high school education and job performance. In a suit against Machine Corporation under Title VII, this requirement is shown to have a discriminatory effect. The employer has a. no defense. b. a bona fide occupational qualification defense. c. a business necessity defense. d. a seniority systems defense.

c. a business necessity defense.

Thelma is an employee at Foreign Food Mart. Thelma is called for jury duty and as a result cannot work her scheduled shift at Foreign Food Mart. Foreign Food Mart fires Thelma. This is a violation of a. an example of the doctrine. b. an exception based on contract theory. c. an exception based on public policy. d. an exception based on tort theory.

c. an exception based on public policy.

Olivia applies for a job with Petro Company. Petro does not hire Olivia because of her ethnicity, or national origin. This is a. reverse discrimination. b. disparate-impact discrimination. c. disparate-treatment discrimination. d. not discrimination.

c. disparate-treatment discrimination.

Clive works for Digby Excavation Corporation. While operating a backhoe, Clive suffers an injury. Clive will be compensated under state workers' compensation laws only if a. he does not have health insurance. b. he is completely disabled. c. his injury was accidental. d. his injury was intentional.

c. his injury was accidental.

Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some employees will be discharged. Ruth tells Tim that if he has sex with her, he can keep his job. This is a. harassment on the basis of sexual orientation. b. not harassment. c. quid pro quo harassment. d. same-gender harassment.

c. quid pro quo harassment.

Quinn is an employee of Regional Industries, Inc. Quinn is threatened with a discharge when he refuses a transfer to a Regional department in which several employees suffered serious injuries from exposure to hazardous chemicals. Quinn may be entitled to protection from discharge under a. no law. b. the Family and Medical Leave Act. c. the Occupational Safety and Health Act. d. the state workers' compensation act.

c. the Occupational Safety and Health Act.

Marvin is an employee of Wild Thing Farms. Marvin finds out that the head of Wild Thing Farms is illegally importing endangered animals to sell as pets. If Marvin reports his employer's illegal activities he will probably be protected fro retaliatory discharge by a. unemployment statutes. b. worker compensation statutes. c. whistleblower statutes. d. no statutes.

c. whistleblower statutes.

Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for a. a random selection of new hires. b. every other new hire. c. new hires with certain racial or ethnic characteristics. d. each new hire.

d. each new hire.

Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico. Due to the location, it would be easier for Southwestern to employ noncitizens. With respect to persons not authorized to work in the United States, an employer can a. hire them. b. recruit them. c. refer them for a fee. d. not hire them, recruit them, or refer them for a fee.

d. not hire them, recruit them, or refer them for a fee.

Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race. Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination. Sarah must show all of the following except that a. she is a member of a protected class. b. she applied and was qualified for the job in question. c. she was rejected by Trekking Travel Agency. d. other people of her race hold similar positions with other employers.

d. other people of her race hold similar positions with other employers.

Big Drill Oil Company employees one hundred workers. Big Drill must do all of the following except a. keep occupational injury and illness records for each employee. b. report any work-related diseases directly to OSHA. c. report any employee death due to a work-related incident to OSHA within eight hours. d. pay employees higher wages for working in more dangerous areas.

d. pay employees higher wages for working in more dangerous areas.

Melanie files an employment discrimination suit against Natural Gas Industries Corp. under Title VII on a disparate-impact theory. To succeed, Melanie must show that a protected group of people are adversely affected by any of the following except the employer's a. practices. b. procedures. c. tests. d. seniority system.

d. seniority system.

Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Fruits & Vegetables can hire illegal immigrants a. if either the employer or the immigrants file special forms. b. only if the employer files a special form. c. only if the immigrants file special forms. d. under no circumstances.

d. under no circumstances.