BUSL 2000 Chapter 24: Employment and Discrimination Law

The ______ Act primarily governs the internal operations of labor unions. National Labor Relations Taft-Hartley Landrum-Griffin Wagner

Landrum-Griffin

There is currently _____ federal legislation that prohibits discrimination based on sexual orientation. a no several

no

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

quid pro quo

Which of the following is a distinct form of sexual harassment? quasi-sexual harassment symbolic sexual harassment sexual harassment that involves the creation of a hostile work environment sexual harassment that is influenced by race or nationality quid pro quo caveat emptor

sexual harassment that involves the creation of a hostile work environment quid pro quo

The merit defense to claims under Title VII of the Civil Rights Act is usually raised when hiring or promotion decisions are partially based on ______. gender national origin test scores race

test scores

Major pieces of federal legislation regarding labor-management relations in the United States are governed by all except which of the following? the Humphrey-Agnew Act the Wagner Act the Landrum-Griffin Act the Taft-Hartley Act

the Humphrey-Agnew Act

Which of the following acts includes "Labor's Bill of Rights" that is purportedly designed to protect employees from their own unions? the Landrum-Griffin Act the Labor-Management Relations Act the Taft-Hartley Act the National Labor Relations Act

the Landrum-Griffin Act

An employee who is not employed under a contract for a set duration or under a collective bargaining agreement is referred to as a(n) ______ employee. at-will tenured union for-cause

at-will

Which of the following is not a valid defense to a claim under Title VII of the Civil Rights Act? at-will employment bona fide occupational qualification merit seniority system

at-will employment

Title VII charges must be filed with the Equal Employment Opportunity Commission within ______ of the alleged discriminatory act. one year 90 days three years 180 days

180 days

When the Equal Pay Act was passed in ______, the average wages of women were less than ______% of those of men. 1963; 60 1973; 70 1993; 90 1983; 80

1963; 60

Which of the following is not a defense available in response to Title VII claims? Americans with Disabilities Defense. Bona fide occupational qualification. The seniority system defense. All of these are defenses to Title VII claims. The merit defense.

Americans with Disabilities Defense. EEOC defense

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

Disparate treatment

Which of the following is not a recognized requirement for a successful claim under the Americans with Disabilities Act? The plaintiff's disability was of a physical, not mental, nature. The plaintiff was otherwise qualified for the job. The plaintiff must show that he or she had a disability. The plaintiff suffered an adverse employment decision because of his or her disability.

The plaintiff's disability was of a physical, not mental, nature.

According to the Uniform Guidelines on Employee Selection Procedures, which of the following is not an acceptable type of validation for employment testing? construct validity criterion-related validity content validity character validity

character validity

Disparate ______ under Title VII is a form of discrimination in which an employee is fired or denied a promotion based on membership in a protected class. consequence treatment effect impact

treatment

During which decade was Title VII of the Civil Rights Act amended by the Pregnancy Discrimination Act? The 1980s The 2000s The 1960s The 1970s

The 1980s

Which of the following is a correct statement regarding a seniority system and Title VII of the Civil Rights Act? A seniority system is valid under Title VII only if accompanied by a corresponding bona fide occupational qualification. A seniority system is valid under Title VII only if accompanied by an employer-sponsored affirmative action plan. A bona fide seniority system is not a legal defense under Title VII. A bona fide seniority system is a legal defense under Title VII.

A bona fide seniority system is a legal defense under Title VII.

The ______ is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in such plans. Occupational Safety and Health Act Family and Medical Leave Act Employee Retirement Income Security Act Consolidated Omnibus Budget Reconciliation Act

Employee Retirement Income Security Act

Which of the following are true about the use of social media in firing decisions by employers? (Check all that apply.) An employee's comments on social media are generally not protected if they were not made in relation to group activity among employees. An employee's comments on social media are generally protected if they are mere gripes. Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law. Employers should avoid using social media in making employment decisions according to state and federal employment laws and regulations.

Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law. An employee's comments on social media are generally not protected if they were not made in relation to group activity among employees.

Which of the following is an accurate statement regarding employer liability for sexual harassment of employees by nonemployees? Employers are strictly liable for sexual harassment of employees by nonemployees. Employers are absolutely liable for sexual harassment of employees by nonemployees. Employers are liable for sexual harassment of employees by nonemployees only under very limited circumstances. Employers are usually liable for sexual harassment of employees by nonemployees.

Employers are liable for sexual harassment of employees by nonemployees only under very limited circumstances.

The first step in initiating a Title VII action is for the aggrieved party to file a charge with the state or federal ______ Commission. Multiple choice question. Occupational Safety and Health Employment Security Equal Employment Opportunity Fair Employer Practices

Equal Employment Opportunity

The ______ mandates that employees who work more than 40 hours in a week be paid no less than one and one-half times their regular wage for all hours beyond 40 worked in a given week. Consumer Protection Act Equal Pay Act Fair Labor Standards Act National Labor Relations Act

Fair Labor Standards Act

The ______ requires a minimum wage of a specified amount to be paid to all employees in covered industries. Fair Labor Standards Act Consumer Protection Act Equal Pay Act Livable Wage Act

Fair Labor Standards Act

True or false: Employers can prohibit employees from using social media to initiate group action.

False

Which of the following is an accurate statement regarding whether an employer can discriminate against an employee who smokes? Pursuant to the Smoker's Relief Act (SMA) enacted by the U.S. Congress, an employer may not discriminate against an employee who smokes. Employment discrimination against smokers violates the Age Discrimination in Employment Act. Many states have passed laws preventing companies from terminating workers who will not or are unable to quit smoking. The U.S. Supreme Court has declared employment discrimination against smokers illegal.

Many states have passed laws preventing companies from terminating workers who will not or are unable to quit smoking.

Under which of the following situations does an employer not have to offer Consolidated Omnibus Budget Reconciliation Act coverage to an employee who has lost his or her job? The employee is fired for gross misconduct. The employee is fired for absenteeism. The employer maintains benefits for all current employees. The employee is fired for nonperformance of job duties.

The employee is fired for gross misconduct. The employer decides to eliminate benefits for all current employees

Which of the following is not part of the three-step process for proving disparate-treatment discrimination in employment under Title VII of the Civil Rights Act of 1964? The plaintiff (employee) must show that the reason given by the defendant (employer) is a mere pretext. The defendant (employer) must prove, beyond reasonable doubt, that the defendant's actions had a proximate cause. The defendant (employer) must articulate a legitimate, nondiscriminatory business reason for the action. The plaintiff (employee) must demonstrate a prima facie case of discrimination.

The defendant (employer) must prove, beyond reasonable doubt, that the defendant's actions had a proximate cause.

According to the U.S. Supreme Court, sexual harassment includes all but which of the following? making unwelcome sexual advances with the purpose of creating an intimidating, hostile, or offensive work environment making employment decisions related to an individual dependent on the individual's race making employment decisions related to an individual dependent on submission to sexual conduct making sexual submission a term or condition of employment

making employment decisions related to an individual dependent on the individual's race

Under which of the following circumstances is an employer liable for the sexual harassment of an employee by a nonemployee? if the employee has an existing personal relationship with the nonemployee when the sexual harassment occurs when the employer knows that a customer has repeatedly harassed the employee yet the employer does nothing to remedy the situation If the employee works in a nonsupervisory or nonadministrative capacity if the employee is under the age of forty (40) when the sexual harassment occurs

when the employer knows that a customer has repeatedly harassed the employee yet the employer does nothing to remedy the situation

Workers' compensation laws use a(n) ______ procedure rather than a(n) ______ procedure. criminal; civil equitable; legal administrative; court court; administrative

administrative; court

At a minimum, employer privacy policies should cover all but which of the following issues? drug testing policies lie detector policies ownership of computers and all issues unique to the electronic workplace employer monitoring of telephone conversations employer surveillance policies employee access to medical and personal records

anything not on the list

The National Labor Relations Board's functions include all but which of the following? establish rules interpreting the National Labor Relations Act prevent and remedy unfair labor practices by employers or unions monitor the conduct of employers and unions during an election to determine whether workers want to be represented by a union

anything not on the list

Which of the following is not an accurate statement regarding the collective bargaining process? The National Labor Relations Act requires both labor and management to bargain in good faith regarding the terms and conditions of employment. Once a union has been certified, labor and management must begin to bargain about hours/wages/and other terms of the agreement. The NLRB cannot order the parties to reach an agreement with respect to any contract term.

anything not on the list

The Family and Medical Leave Act covers all public employers and private employers with ______ or more employees 50 3 30 25

50

______ consists of negotiations between an employer and a group of employees so as to determine the conditions of employment. Collective bargaining A summary jury trial Adversarial capitalization Binding mediation

Collective bargaining

Which of the following is required for the plaintiff to bring a successful claim under the Americans with Disabilities Act? Accommodation of the employee's disability would constitute an undue hardship for the employer. The plaintiff's disability was of a mental, not physical, nature. The plaintiff suffered an adverse employment decision because of his or her disability. The plaintiff did not disclose his or her nonobvious disability to the employer.

The plaintiff suffered an adverse employment decision because of his or her disability.

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.

______ ensure(s) that covered workers who are injured on the job can receive financial compensation. The Family and Medical Leave Act The Affordable Care Act State reinsurance laws Workers' compensation laws

Workers' compensation laws

Which of the following is not a recognized defense to liability under the Equal Pay Act? a merit system a gender classification system a productivity system a seniority system

a gender classification system

The Wagner Act of 1935 provides for ______. collective bargaining binding mediation sit-down strikes wildcat strikes

collective bargaining

The BFOQ defense cannot apply to which of the following forms of discrimination? religion race national origin sex

race

Workers compensation is a part of _______ law. international federal state

state

According to the Uniform Guidelines on Employee Selection Procedures, employment testing must be validated in accordance with standards established by the ______. American Psychological Association American Arbitration Association American Medical Association American Bar Association

American Psychological Association

The goal of the ______ is to prevent employers from discriminating against employees and applicants with disabilities. Americans with Disabilities Act Age Discrimination in Employment Act Pregnancy Discrimination Act Family and Medical Leave Act

Americans with Disabilities Act

The ______ ensures that employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical, dental, or optical benefits can pay to continue receiving benefits for themselves and their dependents under the employer's policy. Consolidated Omnibus Budget Reconciliation Act Federal Unemployment Tax Act Family and Medical Leave Act Employee Retirement Income Security Act

Consolidated Omnibus Budget Reconciliation Act

The __________ defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature." Equal Employment Opportunity Commission Uniform Commercial Code Federal Communications Commission Fair Employment Regulatory Commission

Equal Employment Opportunity Commission

The ______ requires every employer to "furnish to each of his employees .... employment ... free from recognized hazards that are likely to cause death or serious physical harm." Americans With Disabilities Act Workers' Compensation Act Occupational Safety and Health Act Affordable Care Act

Occupational Safety and Health Act

Under the ______ Crime Control and Safe Streets Act of ______, employers cannot listen to the private telephone conversations of employees or disclose the contents of these conversations. Omnibus; 1968 Omnipotent; 1988 Omniform; 1998 Omnivore; 1978

Omnibus; 1968

During which decade was the Federal Unemployment Tax Act passed? The 1940s The 1950s The 1960s The 1930s

The 1930s

During which decade was the Age Discrimination in Employment Act enacted? The 1980s The 1970s The 1990s The 1960s

The 1960s

During which decade was the Electronic Communications Privacy Act passed? The 1970s The 2000s The 1980s The 1990s

The 1980s

The ______ is the administrative agency that interprets and enforces the National Labor Relations Act. National Labor Relations Board Equal Employment Opportunity Commission Works Progress Administration Federal Trade Commission

National Labor Relations Board

The ______ expanded the definition of discrimination based on gender to include discrimination based on pregnancy. Pregnancy Discrimination Act American Disability Act Fair Labor Standards Act Family and Medical Leave Act

Pregnancy Discrimination Act

Which of the following is not a requirement for a system to be considered a bona fide seniority system? The system is maintained free from any illegal discriminatory purpose. The system does not have its origin in discrimination. The system is dependent on a bona fide occupational qualification defense. The system applies equally to all persons.

The system is dependent on a bona fide occupational qualification defense.

The Family and Medical Leave Act does not cover ______. the adoption of a child the birth of a child a friend's surgery the care of a seriously ill parent

a friend's surgery

Under the Employee Retirement Income Security Act, employers must provide individuals in pension and health plans with all but which of the following? an employer-sponsored insurance program covering potential plan losses a grievance and appeals process for participants to get benefits from their plans assurances of the fiduciary responsibility of those in charge of managing and controlling plan assets the right to sue for benefits and breaches of fiduciary duty

an employer-sponsored insurance program covering potential plan losses

The process whereby workers organize and bargain with employers regarding the workplace is known as ______. collective bargaining med-arb adversarial capitalization alternative dispute resolution

collective bargaining

Which of the following remedies is not available to an employee-plaintiff for his or her employer's violation of the Americans with Disabilities Act? injunctive relief back pay corporate equity reinstatement

corporate equity

Which of the following remedies is not available under Title VII of the Civil Rights Act? equitable relief punitive damages corporate equity remedial seniority

corporate equity

Which of the following can constitute a hostile work environment in violation of Title VII of the Civil Rights Act of 1964? discrimination based on personal appearance discrimination based on quantity or quality of production discrimination based on race discrimination based on political affiliation discrimination based on religion discrimination based on age

discrimination based on race discrimination based on religion

Which of the following is a way to prove discrimination under Title VII of the Civil Rights Act of 1964? disparate treatment disadvantageous treatment deleterious consideration undutiful consideration

disparate treatment disparate impact

The Americans with Disabilities Act requires employers to make a ______ accommodation to the known disability of an otherwise qualified person unless the accommodation would pose a(n) ______ on the employer's business. reasonable; undue hardship perfect; undue hardship reasonable; substantial expense perfect; substantial expense

reasonable; undue hardship

Which of the following is not a federal discrimination law? the Pregnancy Discrimination Act of 1987 the Civil Rights Act of 1964 the Age Discrimination Employment Act of 1967 the Uniform Arbitration Act of 1955

the Uniform Arbitration Act of 1955

Which of the following is not a federal discrimination law governing employers? the Americans with Disabilities Act of 1990 the Equal Pay Act of 1963 the Age Discrimination in Employment Act of 1967 the Uniform Prudent Investor Act of 1992

the Uniform Prudent Investor Act of 1992

Which of the following is an example of a major piece of federal legislation regarding labor-management relations in the United States? the Militia Act the Kansas-Nebraska Act the Wagner Act the Edmunds-Tucker Act

the Wagner Act

Which was the first major piece of federal legislation adopted explicitly to encourage the formation of labor unions and provide for collective bargaining between employers and unions as a means of obtaining the peaceful settlement of labor disputes? the Taft Act the Wagner Act the Griffin Act the Hartley Act

the Wagner Act

Disparate-impact cases are also referred to as ______-discrimination cases. intentional negligent negligence per se unintentional

unintentional

In 1986, Congress passed the Immigration Reform and Control Act. This act is an amendment to the Immigration and Nationality Act and requires employers to _____. use social media information for hiring foreign workers use employer surveillance when hiring foreign workers verify the identity and eligibility of all individuals hired in the United States after November 6, 1986 apply different regulations on foreign workers in the United States after November 6, 1986

verify the identity and eligibility of all individuals hired in the United States after November 6, 1986

What is the maximum fine for violation of the Omnibus Crime Control and Safe Streets Act of 1968? $50,000 $100,000 $25,000 $10,000

$10,000

An employer who has repeatedly violated the Americans with Disabilities Act may be subject to fines of up to ______. $100,000 $75,000 $1 million $50,000

$100,000

The ______ was enacted to prohibit employers from refusing to hire, discharging, or discriminating in terms and conditions of employment against employees or applicants age ______ or older. Equal Employment Opportunity Act; 40 Equal Employment Opportunity Act; 60 Age Discrimination in Employment Act; 40 Age Discrimination in Employment Act; 60

Age Discrimination in Employment Act; 40

Which of the following occurrences does not give employees family-medical leave under the Family and Medical Leave Act? The care of a child with cancer. The adoption of a child. The birth of a child. The care of a spouse after a serious heart attack. All of these occurrences are covered.

All of these occurrences are covered.

The federal agency responsible for immigration worksite enforcement is _____. the Federal Trade Commission the National Labor Relations Board Immigration Customs and Enforcement the Equal Employment Opportunity Commission

Immigration Customs and Enforcement

The ______ defense allows an employer to discriminate when doing so is necessary for the performance of a job. caveat emptor hostile work environment quid pro quo bona fide occupational qualification

bona fide occupational qualification

Which of the following is a defense to a claim under Title VII of the Civil Rights Act? construct or content validity occupational hazard at-will employment bona fide occupational qualification

bona fide occupational qualification

Disparate-______ cases arise when a plaintiff attempts to establish that although an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class. treatment impact consideration deliberation

impact

Disparate treatment is ______ discrimination. intentional inconsequential negligent not

intentional

In which year was the Occupational Safety and Health Act passed? 1965 1957 1970 1984

1970

Which statement is accurate regarding employment testing and Title VII of the Civil Rights Act? Employment testing is valid under Title VII only if it is manifestly related to job performance and does not adversely affect a class. Employment testing is always permissible under Title VII of the Civil Rights Act. Although employment testing may adversely affect a class, it does not violate Title VII if it is manifestly related to job performance. Employment testing constitutes a prima facie violation of Title VII of the Civil Rights Act.

Although employment testing may adversely affect a class, it does not violate Title VII if it is manifestly related to job performance.

Which of the following statements regarding at-will employment is incorrect? An at-will employee may quit for any reason or no reason at all. An at-will employee is entitled to due process prior to termination of employment. An at-will employee may quit at any time. An employer may fire an at-will employee for almost any reason.

An at-will employee is entitled to due process prior to termination of employment.

Which of the following is an accurate statement regarding the amount of punitive damages in a Title VII action? An employer is not liable for punitive damages as long as it made good-faith efforts to comply with federal law. Punitive damages are capped at $250,000 for firms with 100 or fewer employees. Punitive damages are capped at $500,000 for employers with 101 to 200 employees. Punitive damages are capped at $1 million for employers with more than 500 employees.

An employer is not liable for punitive damages as long as it made good-faith efforts to comply with federal law.

Which of the following is a correct statement regarding at-will employment? An employer may violate the U.S. Constitution in terminating an at-will employee. An employer may breach an implied contract based on an employee handbook in terminating an at-will employee. An employer may not terminate an at-will employee for an illegal reason. An employer may violate a public policy in terminating an at-will employee.

An employer may not terminate an at-will employee for an illegal reason.

Which of the following is a true statement about at-will employment? An employer may violate a state statute in terminating an at-will employee. An employer may violate a federal law in terminating an at-will employee. An employer may violate a state constitution in terminating an at-will employee. An employer may not terminate an at-will employee for an illegal reason.

An employer may not terminate an at-will employee for an illegal reason.

Which of the following is an inaccurate statement regarding the Electronic Communications Privacy Act (ECPA) of 1986? The ECPA effectively eliminated employee rights to privacy in the workplace. The ECPA outlaws the intentional interception of electronic forms of communications. The ECPA extended employee privacy rights to e-mail. The ECPA extended employee privacy rights to cellular phones.

The ECPA effectively eliminated employee rights to privacy in the workplace.

Which of the following is an accurate statement regarding the collective bargaining process? The National Labor Relations Act requires both labor and management to bargain in good faith regarding the terms and conditions of employment. The National Labor Relations Board can order labor and management to reach an agreement with respect to any contract term. Labor and management must begin to bargain in good faith about hours before the union has been certified. Labor and management must begin to bargain in good faith about wages before the union has been certified.

The National Labor Relations Act requires both labor and management to bargain in good faith regarding the terms and conditions of employment.

Which of the following statements are true about the current laws that deal with discrimination based on marriage? (Check all that apply.) The Supreme Court has struck down section 2 of DOMA, effectively ending the unequal treatment of the marriages of same-sex couples. Under the Fourteenth Amendment, states have the right to refuse to recognize lawful same-sex marriages performed in other states. The Defense of Marriage Act (DOMA) validates the unequal treatment of the marriages of same-sex couples. Under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, same-sex couples have a fundamental right to marry.

The Supreme Court has struck down section 2 of DOMA, effectively ending the unequal treatment of the marriages of same-sex couples. Under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, same-sex couples have a fundamental right to marry.

Which of the following is an accurate statement regarding federal and state laws on same-sex sexual harassment? The U.S. Supreme Court has decided that same-sex sexual harassment is not actionable under Title VII of the Civil Rights Act of 1964. Same-sex sexual harassment is not actionable under state or federal laws. The U.S. Supreme Court has concluded that same-sex sexual harassment is actionable under Title VII of the Civil Rights Act of 1964. Same-sex sexual harassment is prohibited by the express language of Title VII of the Civil Rights Act of 1964.

The U.S. Supreme Court has concluded that same-sex sexual harassment is actionable under Title VII of the Civil Rights Act of 1964.

Which of the following is an incorrect statement regarding unemployment compensation? Under the Federal Unemployment Tax Act (FUTA), employers pay taxes to the federal government. For an applicant to qualify for unemployment compensation, most states require that the applicant did not voluntarily quit or get fired for cause. FUTA created a state system to provide unemployment compensation to qualified employees who lose their jobs. States have different minimum standards for qualifying for unemployment compensation.

Under the Federal Unemployment Tax Act (FUTA), employers pay taxes to the federal government.

On June 26, 2015, in a historic 5-4 ruling, the Supreme Court of the United States found _____. the unequal treatment of same-sex marriages to be constitutional bans on the right to marriage to be dependent on citizenship bans on marriage equality to be unconstitutional same-sex unions to be illegal in all states

bans on marriage equality to be unconstitutional