CHAPTER 24
Which of the items below would be a legitimate reason for an employer to not hire or promote someone?
A woman is not hired to work at a male only spa in a position where she would need to have access to the dressing/locker rooms.
With respect to their employers, employees who deal with third parties are generally deemed to be:
AGENTS
Alex is an employee of Bigg Corporation. To help pay for employees' loss of income on retirement, contributions are required by law to be paid by:
Alex and Bigg.
A principal cannot be held liable for an agent's crime.
F
The Americans with Disabilities Act of 1990 (ADA) requires that a disabled applicant be hired even if he or she lacks a necessary job qualification.
F
The law guarantees union members higher wages than nonunion workers.
F
Myra, an agent for National Buys, Inc., has often done business with Owen on National's behalf. Myra and National terminate their agency. For Myra and National to avoid liability for later deals, Owen must be notified by:
National only.
If a Hispanic student sues the University of Michigan because she was not accepted into their incoming freshman class of 2015, can she successfully sue on the basis of affirmative action claiming that due to past racial discrimination against Hispanics, she should now be granted preferential treatment?
No, because Michigan voters passed an initiative to amend the state's constitution to prohibit publicly funded colleges from granting preferential treatment, which was upheld by the U.S Supreme Court.
Pip, a clerk for a Quik Burger, Inc., restaurant goes out on strike with the other employees. During the strike, Pip threatens temporary employees who cross the picket line to work. Are Pip's actions legal?
No, because the National Labor Relations Act does not allow anyone to use or threaten to use violence against anyone during a strike.
Sinclair applied for a job that required a bachelor's degree in computer science plus 5 years of related experience. She did have a bachelor's degree, but lied about her work experience. She was fired 3 months into her 6-month probation because the manager felt she was distracting the male employees by the way she dressed. Sinclair sues the company and during discovery, the company learns she lied on her application about her work experience. Who will likely prevail in court?
Sinclair will prevail as long as she can prove that discrimination occurred and the employer cannot justify the discrimination claiming
A power of attorney is a written document.
T
A principal cannot terminate an agent with an interest in property that is the subject of the agency.
T
A principal has a duty to cooperate with the agent.
T
A principal is liable for harm caused to a third party by an agent who commits a tort while acting in the scope of his or her employment.
T
A principal must indemnify an agent for liability due to authorized acts by the agent.
T
A principal owes his or her agent a duty to act in good faith.
T
A real estate agent who merely receives a commission from the sale of real property does not have a beneficial interest in the property itself under the agency coupled with an interest doctrine.
T
A worker whose job is terminated can still participate in the employer's health plan.
T
Age discrimination is potentially the most widespread form of discrimination.
T
An agency coupled with an interest exists when the agent has some legal right (an interest) in the property that is the subject of the agency.
T
An agency relationship can be formed without consideration.
T
An agency relationship is a fiduciary relationship.
T
An agency relationship may be created for any legal purpose.
T
Employee contributions to pension plans vest immediately.
T
If a contract is in writing, the agent's authority to perform the same duty must be in writing.
T
If an agent acts within the scope of authority, a disclosed principal is liable to a third party for contracts made by the agent.
T
Most employees can continue the group health benefits provided by their employers for a limited period of time after the loss of employment.
T
The employment-at-will doctrine is still in widespread use.
T
There does not need to be a written agreement between two parties to create an agency relationship.
T
Under the theory of respondeat superior, liability for the wrongful acts of employees within the scope of their employment is imposed on employers.
T
Unions must allow their members to participate in union meetings.
T
Jon, a male, applied to Wedding Fashions, a wedding dress retail store, for an advertised position. He was not hired for the job. He wants to sue Wedding Fashions for discrimination under Title VII. What is the best defense Wedding Fashions could raise?
That the job required a female because the position involved assisting women in the dressing rooms and was therefore a bona fide occupational qualification
How is the U.S. Constitution involved with affirmative action?
The Fourteenth Amendment prohibits any state from denying any person "the equal protection of the laws." This prohibition extends to the federal government through the due process clause of the Fifth Amendment.
Jennifer worked for her employer for 5 years and applied for an open management position at her company. Joseph, an 8-year employee with the company, was awarded the position. Jennifer sued her employer for employment discrimination based on her gender. Her employer used a published seniority system in determining raises and promotions, which those who worked the longest were first in line for promotions, salary increases, and other benefits. Who will likely prevail in court?
The company will prevail because they have a published seniority system that is fair to all employees.
Harrison runs a construction company working on a federal government construction project. Under the Davis-Bacon Act, Harrison must pay his employees:
"prevailing wages."
Ilsa works as a clerk for Java Café at minimum wage. The state minimum-wage rate where Ilsa lives is $8.45 per hour. Java Café must pay Ilsa:
$8.25 per hour.
Leah is an employee of Mega Corporation. To help pay for Leah's medical costs on retirement, contributions are required by law to be paid by:
Leah and Mega.
Marie, an employee of Nickel Tool Company, files a sexual-harassment suit against Owen, her supervisor. Marie wins. Nickel may also be liable if it had effective harassment policies and complaint procedures, and:
Marie followed them.
Jim is a partial owner of Blackacre. He is the real estate agent hired by all of the owners in Blackacre to sell it. Can the principals terminate the agency if Jim has not done anything wrong?
No, unless Jim's interest in the property ends.
The FMLA requires employers who have fifty or more employees to provide employees with up to twelve weeks of unpaid family or medical leave, provided the employee has worked for the employer for at least:
ONE YEAR
Ronnie, a 71-year-old Illinois state employee, is fired with no explanation after 28 years working for the state. He files an age discrimination suit against the state in federal district court in Illinois. Will the federal court hear the case?
Only if the state consents to the suit
f a fire department uses a test to determine if a firefighter is ready to be promoted to an officer/supervisory position, but they disregard the results due to the fact that no minority scores high enough on the test to be promoted, what type of discrimination would be occurring?
Reverse discrimination
A good business reason for a practice that has a discriminatory effect may permit an employer to avoid liability for discrimination.
T
A minor can be an agent.
T
A party alleging discrimination must file a claim with the Equal Employment Opportunity Commission before filing a suit against an employer.
T
An agent is authorized to act on behalf of a principal in doing business with third parties.
T
An agent must maintain separate accounts for the principal's funds and the agent's personal funds.
T
An agent must use reasonable diligence and skill in acting on behalf of his or her principal.
T
An agent owes his or her principal a duty to act in good faith.
T
An employee may act in the capacity of an agent.
T
An employee may file an action for wrongful discharge against an employer who discharges the employee in violation of an employment contract.
T
An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.
T
An employer who hires and fires workers according to a fair seniority system may have a good defense to an employment discrimination suit.
T
An oral promise that an employer makes to employees regarding discharge policy may be considered part of an implied contract.
T
Apparent authority exists if a principal causes a third party to believe reasonably that an agent has authority to act.
T
At least one court has held that prohibiting affirmative action programs at public institutions violated the U.S. Constitution.
T
Before a principal can ratify a contract, the principal must know all of the material facts involved in the deal.
T
Damages are available for victims of intentional employment discrimination based on gender, religion, age, or disability.
T
During a union election campaign, an employer may not campaign among its workers against the union.
T
During any strike, an employer may hire temporary substitute workers to replace strikers.
T
Employer who willfully violates safety regulations can be prosecuted under state criminal laws.
T
Employers who provide pension plans for retired workers must comply with certain standards in managing the plans.
T
Even after an agency relationship has terminated, there are circumstances under which a principal may be bound by his or her agent's act.
T
Federal labor law protects employees' right to strike.
T
Federal labor law protects employees' rights to picket.
T
Federal law governs unions' internal business procedures.
T
Firing a worker who refuses to perform an illegal act violates public policy.
T
If an agent acts within the scope of authority, a partially disclosed principal is liable to a third party for contracts made by the agent.
T
If an agent acts within the scope of authority, an undisclosed principal is liable to a third party for contracts made by the agent.
T
In considering the scope of an agent's implied authority, the test is whether the agent reasonably believed that he or she had the authority
T
In most states, employers who show an ability to pay claims do not need to buy workers' compensation insurance.
T
Monica is a fifty-six-year-old factory worker with no managerial responsibilities who was terminated by her employer under a mandatory retirement plan. The Age Discrimination in Employment Act (ADEA) prohibits such actions.
T
Supervisors may be subject to personal liability for violations of the Family and Medical Leave Act of 1993.
T
The U.S. Supreme Court in 2014 recognized that states have the power to enact laws that prohibit affirmative action programs at public institutions within their borders.
T
The equal dignity rule does not apply to a corporate executive officer who, in an ordinary business situation, acts on behalf of his or her firm.
T
To gain authorization for hiring a foreign worker, an employer must show that no U.S. worker is qualified, willing, and able to take the job.
T
Under the Americans with Disabilities Act of 1990, a person with a physical impairment that "substantially limits" everyday activities is disabled.
T
Under the Americans with Disabilities Act of 1990, disabled employees are entitled to "reasonable accommodation."
T
When the specific subject matter of an agency is lost or destroyed, the agency terminates.
T
Wrongful termination of an agency relationship can subject the canceling party to a suit for damages.
T
Which of the following does NOT terminate an agency?
The principal calls for an accounting
An employer fires a young man working as a retail sales associate for job performance, but he believes it is because he is morbidly obese. What defense can the employer legitimately raise?
They can use the defense of business necessity if they can prove that his firing was based on a business necessity
Kit, manager of Long-Term Care Company's office in Metro City, decides to replace the office's male employees with females. Nia, an assistant manager transferred from a different Long-Term Care office, refuses to cooperate. Kit retaliates against Nia, who quits. Within a year, the male employees also quit. Kit's conduct is most likely a violation of:
Title VII of the Civil Rights Act.
Roz works for Trina's Long Distance Clothes Shop. Trina authorizes Roz to sell clothes in remote locations at prices that Roz negotiates. Roz is not authorized to modify the prices or other terms of a sale. Roz is:
Trina's agent and employee.
If a company decides to implement an Affirmative Action Program to assist them with increasing the minorities working for the company, will this be allowed?
Yes, as long as the Program is designed to remedy past discrimination and does not use quotas or preferences or result in reverse discrimination.
Detailed Designs Company, an architectural firm, wants to hire Eduardo, a noncitizen. A temporary work visa is most likely to be set aside for a noncitizen who is:
a "person of extraordinary ability."
Jock hires Kym to act as his agent to purchase Lifetime Gym & Fitness, Inc. Jock tells Kym to reveal that she is buying the firm on behalf of a third party and to tell Lifetime's seller who that third party is. Jock is:
a disclosed principal.
General Packaging Corporation, a U.S. employer, may hire Hilo, a noncitizen, if Hilo is: a lawful permanent resident of the United States.
a lawful permanent resident of the United States.
Barry, sixty-one years old, was fired from his private sector job and replaced with Mora who is twenty-one years old. Barry files suit and establishes a prima facie case of age discrimination against his employer. To be successful, the employer must prove:
a legitimate, non-discriminatory reason for Barry's termination.
Jay holds himself out as possessing special accounting skills. As an agent, he must exercise the degree of skill or care expected of:
a person having those skills.
Under the ADA, a "disability" includes:
a physical or mental impairment that substantially limits one or more of an individual's major life activities. a record of such impairment. being regarded as having such an impairment. all of these choices.
To prevail on a claim under the Americans with Disabilities Act (ADA):
a plaintiff must show that he or she is otherwise qualified for the employment in question.
In agency law, ratification occurs when:
a principal, by word or by action, affirms a contract made by a person who is in fact not an agent.
David's family came to the United States from Ukraine in 1895. Eva's family came to this country from Vietnam in 1995. Fiona's family came from Mexico in 2005. Current immigration laws are based on:
a system of sanctions against employers who hire illegal immigrants.
Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination are called:
affirmative action programs.
Most agency relationships are based on:
agreement.
In order to comply with current immigration laws, employers must verify a new hire's right to work through completion of:
an I-9 Employment Eligibility Form.
Oscar is Precise Service Company's chief executive officer. On Precise's behalf, Oscar solicits business, hires and fires workers, and handles the finances. Precise pays Oscar varying amounts, depending on his ''needs." Oscar is most likely:
an employee.
Macro Corporation replaces Neal, a fifty-two-year-old employee, with Olivia. Neal files a suit against Macro under the Age Discrimination in Employment Act. To establish a prima facie case, Neal must show that he was discharged under circumstances that give rise to:
an inference of discrimination.
Carol hires Dick to act as her agent in the purchase of an office building. Carol does not want the seller to know that she is the buyer, so she asks Dick to represent that he is buying the building for himself. Carol is:
an undisclosed principal.
The U.S. Supreme Court has held that:
any federal, state, or local affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to strict scrutiny by the courts.
Alpha Sales, Inc., employs Britney as a sales agent. Alpha gives Britney a furnished office and an expense account. Consumer Retail Company (CRC) orders goods from Britney, who fills the order with goods from Deal EZ Corporation. The goods are defective. CRC may recover damages from Alpha on the ground of:
apparent authority.
Quick Supplies Company (QSC) requires its customers to pay by check. Ron, a QSC driver, tells customers on his route that they can pay him with cash. When QSC learns of Ron's collections, it takes no action to stop it. Ron steals some of the cash. QSC may suffer the loss under the doctrine of:
apparent authority.
When a principal causes a third party to reasonably believe an agent has authority to act on the principal's behalf, even if the agent does not have such authority, this is known as:
apparent authority.
Abel is an alcoholic, Baker is morbidly obese, and both work for Charlie Company. Considered disabled under the Americans with Disabilities Act:
are Abel and Baker.
Machine Operations, Inc. (MO), employs four hundred workers at three locations in three states. Workers who do not have a right to continue group health benefits provided by MO for a limited time after the loss of their jobs include those who:
are fired for gross misconduct.
People recovering from alcoholism:
are protected by the ADA.
After-acquired evidence of an employee's wrongdoing, or misconduct, is:
at best only a limitation on the amount of damages for which an employer is liable.
A minor can:
be an agent.
Irma retains Jerry as her authorized agent, unaware that Jerry is a minor. Jerry enters into a contract with Ken on Irma's behalf. The contract is:
binding on Irma and Ken.
Cody contracts with Drew to act as her agent in a fraudulent marketing scheme. Cody does not successfully complete the scheme. Drew can recover from Cody for:
breach of contract. breach of implied warranty. breach of the duty of performance. none of these.*** An agency relationship that is created for an illegal purpose or that is contrary to public policy is unenforceable.
Macro Corporation and National Purchasing Company may create an agency agreement:
by conduct, in writing, or orally.
Jason suffered from alcoholism. One day, he came to work late because he was drinking the night before. What can his employer do legally? Jason:
can be prohibited from drinking alcohol in the workplace.
Ann is a businessperson acting as an agent for Business Sales, Inc. (BSI). In an ordinary business situation, Ann:
can contract on BSI's behalf without further authority or ratification.
Robert Adams worked as a delivery truck driver for George W. Cochran & Co. Adams persistently refused to drive a truck that lacked a legally required inspection sticker because he knew that if he was caught driving without the sticker, he could receive a small fine. George Cochran, the owner of the company, fired Adams for his refusal to drive the truck. Cochran contended that Adams was an at-will employee and, because there was no written employment contract stating otherwise, he had a right to discharge Adams with or without good cause. Adams sought to recover damages for wrongful termination. The court most likely held that Adams:
can recover under a public policy exception to the employment-at-will doctrine.
Sartain, fourteen years old, is looking for his first job. Under the Fair Labor Standards Act, Sartain:
cannot work in hazardous occupations.
Even if an employer's actions do not violate any provisions in an employment contract or statute, the employer may still be subject to liability under a:
common law doctrine, such as a tort theory or agency.
Theodore Rosenblatt, a white attorney, worked for the law firm of Bivona & Cohen, P.C. When Bivona & Cohen terminated Rosenblatt's employment, he filed a lawsuit against the firm. Rosenblatt claimed that he had been discharged because he was in an interracial marriage (he was married to an African American). He contended that a discharge for such a reason violated Title VII of the Civil Rights Act of 1964. The firm filed a motion for summary judgment arguing that he was alleging discrimination against his wife, not himself, and thus did not have standing to sue for racial discrimination. The court most likely:
did not grant the firm's motion, because Rosenblatt's own race was an issue, for that was why his marriage was interracial.
Patricia Jackson, a black female and an experienced waitress, applied for a job as a part-time waitress at a restaurant owned by Jackie McCleod in Foley, Alabama. An interview was arranged for a Friday afternoon, at which time McCleod verbally offered Jackson the job for four days per week beginning on the following Monday. Jackson was to work two days in the kitchen and, following that orientation period, was to begin working as a waitress. On the intervening Sunday, when making out the week's schedule, McCleod scheduled Jackson to work four days in the kitchen. When Jackson arrived for work on Monday and learned of her assignment to the kitchen, she asked McCleod to change the schedule to accurately reflect their agreement. McCleod refused, and Jackson left. Later that same day, McCleod hired a white female for the position of waitress. Jackson filed a lawsuit against McCleod for discrimination on the basis of race. The court most likely held that McCleod had:
discriminated against Jackson by assigning Jackson to work in the kitchen because of her race.
Phanna Xieng came to the United States in 1974. When the Cambodian government fell in 1975, Xieng remained in the United States and in 1979 was employed by Peoples National Bank of Washington. In performance appraisals from 1980 through 1985, Xieng was rated by his supervisors as "capable of dealing effectively with customers" and qualified for promotion, although in each appraisal it was noted that Xieng might improve his communication skills to maximize his possibilities for future advancement. Xieng applied for many different jobs in the bank, including several that did not require communication with customers. In spite of being qualified for these jobs, he was never promoted. In 1986, he filed a complaint against the bank, alleging employment discrimination based on national origin. The employer argued that its refusal to promote Xieng because of his poor communication skills did not amount to discrimination based on national origin. The court most likely held that the bank:
discriminated against Xieng, because he was not promoted to jobs for which he was qualified and that did not require unaccented speech.
Rashid had been with his employer for more than a year, and had received good reviews for the quality and quantity of his work. But then he got a new boss, who made it clear that he did not like people of Rashid's ethnic and religious background. The new boss fired Rashid. This is an example of:
disparate treatment discrimination.
The term "employment at will" means that:
either party (employer or employee) may terminate the employment relationship at any time and for any reason or no reason, so long as the termination does not violate a statutory law or an employment contract.
Tri-State Distribution Corporation has a staff of ten, which will increase to fifty if it obtains a certain contract. Employers are required to keep occupational injury and illness records for each employee if the employers have:
eleven or more employees.
A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise is referred to as:
employment at will.
Silicon Software, Inc., recruits employees in India and other Asian countries. The Immigration Act of 1990:
encourages skilled workers to enter the United States.
The National Labor Relations Act (NLRA) established the right to:
engage in collective bargaining and to strike.
Certain employees are exempt from the overtime provisions of the Fair Labor Standards Act, including:
executive employees. administrative employees. outside salespersons. all of these choices.
When determining whether a worker is an employee or an independent contractor, a key factor that the courts consider is the:
extent to which the employer controls the actions of the worker.
Kyle works as a forklift operator for Local Warehouse Company. Assuming that Kyle meets other requirements, the maximum number of hours that he can work per week without overtime pay is:
forty.
Cora, a female, and Dom, a male, are employees of Equipment Leasing Corporation. Cora regularly e-mails sexually explicit images to Dom via Equipment Leasing's computer network. Dom finds this offensive. This is:
hostile-environment harassment.
Under the equal dignity rule:
if a contract must be in writing to be executed, an agent's authority must also be in writing.
Sue, a clerk for Totally Tacos restaurant, strikes with the other employees. During the strike, Totally Tacos only hires a few temporary workers and leaves most positions vacant. After the strike, Sue must be rehired:
if her position remains vacant.
Lyn may hire employees to work in the Main St. Computer Store that she manages despite the fact that her employment agreement with Main St. says nothing about her being able to hire employees. This is:
implied authority.
Nina works as an employee for Overland Sales, Inc. To protect Nina and other employees from arbitrary discharge, courts have created exceptions to the employment-at-will doctrine based on:
implied contract and public policy theories.
A court would most likely find an exception to the employment-at-will doctrine if an employee was fired:
in retaliation for reporting that her employer was illegally dumping toxic chemicals into a river.
The federal government began to regulate wages and working hours of employees:
in the 1930s.
Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for new hires who work under the employer's direct supervision:
including contractors and day workers.
Clifford Aymes was hired by Jonathon Bonelli of Sun Island Sales, Inc., to create a computer program for Sun Island to use in maintaining records of its cash receipts, inventory, and sales. Bonelli gave Aymes frequent instructions about what he wanted the program to do, and Aymes did most of the work at Sun Island's office during fairly regular work hours. Aymes generally worked alone and enjoyed considerable autonomy in his work. He was not paid regularly; he submitted occasional invoices to Sun Island for his work. Aymes did not receive employee benefits, and Sun Island did not withhold taxes or make Social Security payments on his earnings. When a dispute arose as to the ownership of the program that Aymes had created, a court would have to first determine whether Aymes was an employee or an independent contractor. The court would most likely hold that Aymes was an:
independent contractor, because of his level of skill and because Sun Island did not withhold payroll taxes from payments made to him.
An employer is required to accommodate the needs of a job applicant or employee with a disability with reasonable accommodations such as:
instituting flexible working hours.
Cleo, who is an employee of Delta Industries, Inc., is protected under the National Labor Relations Act, which is enforced by the National Labor Relations Board (NLRB). The NLRB has the authority to:
investigate unfair labor practices.
United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files a suit against United under the Age Discrimination in Employment Act. To establish a prima facie case, Vera must show that she:
is qualified for the position.
Evan Smith suffered a heart attack in the emergency room of Baptist Memorial Hospital after being given a dose of penicillin for a sore throat. Smith filed a lawsuit against the attending physician, as well as the hospital. The hospital did not consider the physician to be its agent or its employee; all physicians who treated patients at the hospital were considered by the hospital to be independent contractors. Physicians did not receive any employee benefits from the hospital, and they were responsible for the payment of their own taxes on the income that they earned from the hospital. The court most likely found that the hospital was:
liable for Smith's claim, because an agency between the physician and the hospital had been created by estoppel.
Garcia was an employee of Van Groningen & Sons, Inc., which operated an orchard, and one of Garcia's duties was to drive a tractor through the orchard while pulling machinery behind him. On one occasion, Garcia invited his nephew Perez to accompany him on the job, although Van Groningen forbade anyone but the driver to ride on the tractor because of the danger. Garcia knew of this rule. Indeed, Perez had to sit on the toolbox, because there was only one seat on the tractor. While Garcia was driving the tractor, Perez was knocked off the tractor by a tree branch and was severely injured when the tractor machinery ran over his leg. Perez filed a lawsuit against Van Groningen under the theory of respondeat superior. The court would most likely hold that Van Groningen was:
liable, because Garcia was conducting his employer's business and had not substantially deviated from his duties.
Standard Company denies a promotion to Tony, a member of a minority, when he fails to pass a required test. Few members of minorities have passed the test. The number of promoted employees who are members of minorities does not reflect their percentage in the local labor market. In a suit against Standard, if Tony can show a connection between the test and the number of promoted minority members,:
no evidence of discriminatory intent is necessary.
Seafood Canning Corporation keeps a file of I-9 verifications forms. To inspect this file, the appropriate government officer must obtain:
not a subpoena, a warrant, or the employer's consent.
Eve hires Frank to do some remodeling work in her office. The relationship between Eve and Frank is client and independent contractor. While working, Frank negligently drops a tool on Gary, Eve's customer, causing an injury. Eve is:
not liable because Frank is an independent contractor.
Hugh, an employee of International Shipping Corporation (ISC), is injured on the job and accepts workers' compensation. Hugh can successfully sue ISC:
only if the injury was caused by ISC intentionally.
Lacy asks Moore to buy land for an office park that Lacy wants to build. Before Moore completes the land purchase, Lacy dies. In this situation, the agency relationship terminates by:
operation of law.
Phil, using the credit card of Vivian, his wife, buys a box of motor oil worth $48.99. Vivian is liable to pay for his purchase based on agency by:
operation of law.
The Fair Labor Standards Act prohibits:
oppressive child labor.
The Age Discrimination in Employment Act:
overs business activities that affect intrastate commerce.
Elle is an agent for Fine Cosmetics, Inc. Elle owes Fine Cosmetics the duty of:
performance.
The party represented by the agent is known as the:
principal.
Richard Winters was an at-will employee for the Houston Chronicle for nine years. After he had worked there for about four years, he became aware of illegal activities carried out by other employees. He learned that the Chronicle was falsely reporting an inflated number of paid subscribers, and that several employees were engaged in inventory theft. His supervisor offered him an opportunity to participate in a kickback scheme with a manufacturer of plastic bags. Winters reported all these activities to upper-level management. He made no report to law enforcement agencies. He was fired six months later. Winters lived in a state that did not have a whistleblower statute. He filed a lawsuit against the Chronicle for wrongful termination. The court most likely held that Winters was:
protected by a public policy exception to the employment-at-will doctrine.
All of the following can be a bona fide occupational qualification except:
race.
As a condition of his employment, Earl Angus lived with his family in a mobile home owned by his employer, Deffenbaugh Industries. Deffenbaugh purchased the mobile home and located it on the grounds of its plant so that Angus could maintain "a constant presence on the premises." Angus ordinarily worked out of an office located in a different building, but the mobile home had a telephone so that Angus could contact drivers and customers as needed. One day, Angus returned to the mobile home for dinner and also to await the arrival of a company truck on company business. Fifteen minutes later, a tornado struck, killing Angus's wife and severely injuring him and his daughter. Angus filed a workers' compensation claim against Deffenbaugh, alleging that his injuries arose "out of his employment." Deffenbaugh argued that Angus was not entitled to recover workers' compensation because he was not working but was eating dinner when the tornado struck. The court most likely held that Angus could:
recover under workers' compensation laws, because at the time of his injuries he was performing the duties of his job, which required his continual presence on the employer's premises.
The 2008 amendment to the Americans with Disabilities Act:
requires that a person's disability status be measured before the use of mitigating measures.
The Fair Labor Standards Act (FLSA) does not:
restrict the power of federal courts to issue injunctions against unions.
When an affirmative action program results in discrimination against "majority" workers, such as white males, it is known as:
reverse discrimination.
When the principal terminates the agency relationship, the act of termination is called:
revocation.
A state law providing that employees may not be required to join a union as a condition of retaining employment is known as a:
right-to-work law.
Pam is an agent for Refined Chemicals Corporation. Refined Chemicals owes Pam the duty of:
safe working conditions.
Ida hires Jim, a real estate broker, to act as her agent to sell her land for $10,000. Oil is discovered beneath the land, causing its market value to increase one hundred-fold. The agency agreement is likely:
terminated by operation of law.
Under the Age Discrimination in Employment Act (ADEA), a plaintiff must show:
that the unlawful discrimination was not just a reason but the reason for the adverse employment action.
Unity Production Company is suspected of employing illegal immigrants. The government conducts random compliance audits and other enforcement measures against those who might violate immigration laws through:
the ICE.
Jay works as an employee for Kitchen Appliances, Inc. (KAI), which is subject to the Occupational Safety and Health Act. Jay is killed in a work-related accident. To avoid a fine, KAI must notify:
the U.S. Department of Labor.
An employer may be held liable for the wrongful discharge of an employee if the discharge violated:
the common law or statutory law.
In determining whether a worker is an independent contractor or an employee, guidelines encourage IRS examiners to primarily focus on:
the degree of control the business exercises over the worker.
Jill introduces Kelly to her friends as "my associate." Kelly purports to act as Jill's agent in several business transactions with those friends. If Jill is liable for Kelly's actions, it will be under:
the doctrine of estoppel.
Prospective Enterprises (PE) employs Quinn to buy property for a possible commercial development. Quinn secretly buys some of the property and sells it to PE at a profit. Quinn has breached:
the duty of loyalty.
ndustrial Solvents, Inc. (ISI), and its employees are subject to federal labor law, which is concerned with the rights of:
the employees and ISI.
Generally, an employer is not liable for physical harm caused to a third person by:
the negligent act of an independent contractor in the performance of the contract.
The first line of defense for an employer charged with discrimination in promoting its employees is to assert that:
the plaintiff has failed to meet his or her initial burden of proving that discrimination occurred.
A criterion that points to the status of independent contractor rather than employee is:
the worker is engaged in an occupation that is distinct from that of the employer.
Affirmative Action Programs may violate the equal protection clause of the Fourteenth Amendment because:
they can be inherently discriminatory in nature.
The Age Discrimination in Employment Act prohibits employment discrimination against:
those over the age of 39.
Café Dining, Inc., employs one hundred workers in three locations in two states. Under the Family and Medical Leave Act of 1993, Café must provide its employees, during any twelve-month period, family or medical leave of up to:
twelve weeks.
Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Under the Immigration Act of 1990, Fruits & Vegetables can hire illegal immigrants:
under no circumstances.
In most situations, an employer must make reasonable accommodations for an employee with a disability who can perform essential job functions. If an employer does not accommodate the needs of employees with disabilities, then the employer must demonstrate that the accommodations would cause:
undue hardship.
Most of the affirmative action cases that have reached the U.S. Supreme Court in the last twenty years have been in the context of:
university admissions programs and schools.
In 1966, Corning Glass Works employed women and men to operate its plants. Jobs on the night shift that had previously been available only to men were opened to women. The previously separate male and female seniority lists were consolidated, and the women became eligible to exercise their seniority on the same basis as men and to bid for the higher-paid night inspector jobs as vacancies occurred. Two years later a new collective bargaining agreement went into effect that established a new evaluation system for setting wage rates and establishing a uniform wage rate for inspectors that was higher than the former night shift wage. Nevertheless, night shift inspectors hired before the date of the agreement, still predominantly men, were paid a higher "red circle" rate that had the effect of maintaining the higher pay for the night shift inspectors. The U.S. secretary of labor filed a lawsuit against Corning contending that the policy violated Title VII's prohibition against using gender as the basis for a wage rate difference. The court most likely held that Corning's policies:
violated Title VII, because under the original policy the difference between the day and night rates was based only on gender, and the "red circle" rate maintained that system.
Under ADEA, a plaintiff can establish a prima facie case of unlawful age discrimination if she or he:
was a member of the protected age group. was qualified for the position from which she or he was discharged. was discharged under circumstances that give rise to an inference of discrimination. all of these choices.
To make out a prima facie case of age discrimination, one must show that he or she:
was qualified for the job he or she lost.
For many years, the University System of Georgia (USG) practiced discriminatory hiring practices to limit the number of black employees in administrative and faculty positions. Since 1980, the University has utilized an Affirmative Action Program to remedy the past discrimination. Currently, the USG has reached a level where the number of blacks in administrative and faculty positions mirror that of the population in Georgia. What should the USG do now that they have reached the goal of their Affirmative Action Program?
They should change or eliminate the Program as it has accomplished its goals.
The Labor-Management Reporting and Disclosure Act creates reporting requirements for which group or which set of activities?
Union activities
Franklin, an employee of XYZ Publishing Company, hired Torrez, a freelance artist, to design the cover of a book, written by Chen and copyrighted by XYZ Publishing Company. The parties agreed in writing that the design was a work for hire. In this situation, the copyright for the cover design belongs to:
XYZ Publishing Company.
Sam worked for his employer for 10 years and applied for an open sales position that paid more and offered greater benefits. Susan worked for the same employer for 5-years and applied for the same position as Sam. When she heard that Sam had applied, she threatened her supervisor that she would sue if she did not get the position. Her employer awarded her the position. Does Sam have a case against the company?
Yes, unless the company can raise one of the defenses to employment discrimination such as a bona fide occupational qualification, business necessity, or a seniority system.
An agency relationship is defined as:
a fiduciary relationship between two parties, in which one party agrees to represent or act for the other.
A person having a duty created by his or her undertaking to act primarily for another's benefit in matters connected with the undertaking is:
a fiduciary.
Bubbly Soda Company hires Carlo to work on Bubbly's shipping dock, checking outgoing loads and dispatching Bubbly's drivers. With respect to Carlo, Bubbly is most likely:
a principal.
Lena offers Miguel a job, representing falsely that it will be long term. In reliance, Miguel takes the job but is laid off shortly thereafter and successfully sues Lena for fraud. With respect to the employment-at-will doctrine, this is:
an exception based on tort theory.
Gil is a purchasing agent for H&H Ranch with the authority to buy cattle at a certain auction. After the cattle have been bought, the agency relationship terminates:
automatically.
A firm that requires union membership by its workers as a condition of employment is called a(n):
closed shop.
The Family and Medical Leave Act (FMLA) requires:
employers that have 50 or more employees to provide employees with up to 12 weeks of unpaid family or medical leave during any 12-month period.
The Immigration Reform and Control Act, which is administered by the U.S. Citizenship and Immigration Services prohibits employers from:
hiring illegal immigrants.
Luke is a maintenance employee for Natural Products Company. Under the Employee Retirement Income Security Act, Luke's contributions to his pension plan vest:
immediately.
Clay serves in a representative capacity for Dave. Elmo is injured through Clu's negligence. Dave may be liable to Elmo if Clay's conduct occurred:
in the course and scope of Clay's employment.
An agent's authority to act for a principal:
may be actual or apparent
Title VII of the Civil Rights Act of 1964:
neither requires nor prohibits affirmative action.
Mary hires Nina, a real estate broker, to sell her warehouse. The warehouse burns down before being sold. Nina is:
no longer Mary's agent.
Packaged Foods Corporation (PFC) employs 1,000 workers in three locations. Under the Norris-LaGuardia Act, PFC's workers have the right to:
organize.
In order to hire Mario, a foreign worker, to work in its poultry processing factory in Arkansas, the Foghorn Company will need to:
show that no American workers are qualified, willing, and able to take the job
Commercial Development Corporation (CDC) hires Delta Construction Company to work at a site as an independent contractor. Whether CDC will be liable for physical harm suffered by a third party at the site due to Delta's negligence depends on:
whether exceptionally hazardous activities are involved.
Agency by ratification requires affirmation by:
word or action.
AAA Auto Sales, Inc., employs BBB Collection Company as a collection agent. While repossessing goods from Cathy, one of AAA's customers, BBB intentionally injures Cathy. Cathy can recover from:
AAA or BBB.
L visas:
Allow a company's foreign managers or executives to work inside the United States.
Bail Bonds Inc. (BBI) advertises for a bilingual receptionist (Spanish and English) as 60% of the people who utilize their services speak only Spanish. Lisa applies for the job and is given an oral and written Spanish test. She fails both and is not hired for the position. She intends to sue BBI for employment discrimination. Who is likely to prevail in court?
BBI will prevail if they can demonstrate that written and spoken Spanish is necessary for job performance.
To fulfill a temporary contract, Alpha Communications Company needs some employees to work overtime. All of the following employees may work more than forty hours per week except:
Beth, who is under sixteen and on spring break.
Which of the following is not a way for an agency relation to arise?
By rescission
An employer that violates the FMLA may be held liable for damages to compensate an employee for:
Cost benefits, denied compensation, and actual monetary losses up to an amount equivalent to the employee's wages for 12 weeks.
Common Carrier Corporation (CCC) employs Don as an agent. Without CCC's knowledge but otherwise acting within the scope of employment, Don commits a crime. The state can successfully prosecute:
Don only.
A closed shop is a workplace that requires union membership after a worker has been on a job for specified amount of time
F
A principal is liable for any harm caused by his or her agent's tort. True
F
A principal may deny the existence of an agency relationship whenever it suits his or her purpose.
F
A principal owes an agent a duty of accounting.
F
A principal owes an agent a duty of ratification.
F
After-acquired evidence of employee misconduct bars any recovery by the employee even if he or she can prove that discrimination occurred.
F
All employees are entitled to overtime pay.
F
All employers in the United States are subject to federal employment discrimination laws.
F
All states have enacted laws that prohibit affirmative action programs at public institutions within their borders.
F
All unemployed workers are eligible for unemployment compensation.
F
An agent can take advantage of an agency relationship to make a "secret" profit.
F
An agent's authority must be implied for the agent's act to bind a principal.
F
An employer may hire an illegal immigrant if the employer files a special form.
F
An employer who discovers an employee's misconduct after discharging the employee may have a good defense to an employment discrimination suit.
F
An independent contractor always acts in the capacity of an agent.
F
Before a principal can ratify a contract, the agent must withdraw from the deal.
F
During a union election campaign, an employer may not limit the activities of union supporters.
F
Employers are required to establish retirement plans for their employees.
F
Employers can agree with unions not to handle, use, or deal in non-union-produced goods.
F
Employers have no general duty to keep workplaces safe.
F
Employers may waive the overtime requirements of the Fair Labor Standards Act.
F
Federal labor laws cover all workers.
F
Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination.
F
Non-workers do not have a right to picket an employer during a strike.
F
Notice of agency termination must be in writing for it to be effective.
F
Once an employee receives workers' compensation, he or she can maintain a suit against the employer for negligence.
F
Only the states can enforce safety standards governing workplaces.
F
Recovery under state workers' compensation law for an on-the-job injury is only possible if the injury was caused by the employer's negligence. True
F
Requiring union membership as a condition of continued employment is legal.
F
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against persons over eighteen.
F
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against persons over twenty-one.
F
There are no exceptions to the employment-at-will doctrine.
F
To establish a prima facie case of discrimination under the Age Discrimination in Employment Act of 1967, a plaintiff must show only that discriminatory intent motivated an employer's decision.
F
To recover workers' compensation, an employee must prove that an injury was the fault of the employer.
F
Under current law, an employer cannot adopt an affirmative action plan.
F
Under the Americans with Disabilities Act of 1990, a person with a mental impairment that "substantially limits" everyday activities is not disabled.
F
Under the Equal Pay Act of 1963, all of the women on an employer's staff must be paid the same as all of the men.
F
Whistleblower statutes allow employers to discharge employees who blow the whistle on their employers.
F
Whistleblower statutes protect employers who retaliate against their employees for "blowing the whistle."
F
A closed shop is a firm that rejects union membership as a condition of employment.
F.
During the 1960's, what type of employers were required to implement affirmative action programs?
Federal and state government agencies and private companies contracted to do business with the federal government.
The Federal Aviation Administration has several guidelines that impose restriction on certain people based on weight and mandatory retirement age. Which of the below guidelines will be deemed legitimate?
For safety reasons, height and weight restrictions are in place for all flight attendants based on the ability to walk down the aisle unimpeded in any commercial aircraft. Mandatory retirement age for pilots at age 65. Both of the above
Eve is twenty-five years old, Frank is fifty years old, and both work for Growing Business, Inc., which has thirty employees. Parties protected under the Age Discrimination in Employment Act include:
Frank only.
Maria is a Mexican citizen who wants to work summers in the United States picking grapes. She would most likely be interested in obtaining a(n):
H-2 visa.