Chp 24
There is currently _____ federal legislation that prohibits discrimination based on sexual orientation
no
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 ______ Act primarily governs the internal operations of labor unions.
Landrum-Griffin
What does the defendant say regarding Mr. Silverstein's behavior at work?
They joke like girlfriends.
When the Equal Pay Act was passed in ______, the average wages of women were less than ______% of those of men.
1963; 60
In which year was the Occupational Safety and Health Act passed?
1970
During which decade was the Electronic Communications Privacy Act passed?
1980s
The Family and Medical Leave Act covers all public employers and private employers with ______ or more employees
50
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.
Age Discrimination in Employment Act; 40
John and Joan are both supervisors at Main Street Hardware. John has worked there for twenty years and Joan for fifteen years. Joan is only paid half what John makes. Under the Equal Pay Act (EPA)
All of these are correct.
Why does the judge say that there was no sexual harassment?
All of these are correct.
Which of the following is an accurate statement regarding whether an employer can discriminate against an employee who smokes?
Many states have passed laws preventing companies from terminating workers who will not or are unable to quit smoking.
The ______ is the administrative agency that interprets and enforces the National Labor Relations Act.
National Labor Relations Board
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."
Occupational Safety and Health Act
Which of the following is not an exception to the employment-at-will doctrine?
Occupational Safety and Health Administration
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
The Age Discrimination in Employment Act of 1967 (ADEA) outlaws employment discrimination on the basis of age for what age group
Over 40
The goal of the ______ is to prevent employers from discriminating against employees and applicants with disabilities.
Americans with Disabilities Act
consists of negotiations between an employer and a group of employees so as to determine the conditions of employment.
Collective bargaining
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
occurs when an employee is treated differently on the basis of being a member of a protected class.
Disparate treatment
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.
Employee Retirement Income Security Act
Which of the following are true about the use of social media in firing decisions by employers?
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.
Denise and Donna legally married each other in the state of New York. Later, when Donna got a job promotion and transfer, they moved to Georgia. Under DOMA, after the recent Supreme Court ruling, which of the following is/are true?
Georgia is required to legally recognize the marriage of Denise and Donna in New York.
What happened before when the plaintiff got an e-mail regarding "101 Sexual Positions?"
He just got rid of it.
How did the plaintiff respond when he was uncomfortable with the defendant's actions before?
He never mentioned it.
On June 26, 2015, in a historic 5-4 ruling, the Supreme Court of the United States found
bans on marriage equality to be unconstitutional
The Wagner Act of 1935 provides for
collective bargaining
The process whereby workers organize and bargain with employers regarding the workplace is known as
collective bargaining
Starr worked at Dewey, Cheatum & Howell, a law firm, for two years. One day she sent an email to her boyfriend from her work computer. The next day, during her lunch break, she decided to go online at work and order a new dress for her date that weekend. Later that evening, after everyone else had gone home, Starr went online at work and viewed a pornographic website. The next day, Starr was reprimanded by her employer. Which of the following is true with regard to Starr's right to use her employer's computer?
Starr has no reasonable expectation of privacy with regard to her use of her employer's computer; therefore, the employer was within its rights to reprimand her.
Why is the plaintiff, Mr. Silverstein, in court?
Suing for sexual harassment.
During which decade was the Federal Unemployment Tax Act passed?
The 1930s
During which decade was the Age Discrimination in Employment Act enacted?
The 1960s
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.
Which of the following is not a defense available in response to Title VII claims?
The EEOC defense
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.
Which of the following is required for the plaintiff to bring a successful claim under the Americans with Disabilities Act?
The plaintiff suffered an adverse employment decision because of his or her disability.
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.
Which title of the Civil Rights Act (CRA) of 1964 governs civil rights in employment situations?
Title VII.
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.
______ ensure(s) that covered workers who are injured on the job can receive financial compensation.
Workers' compensation laws
Was the scenario with the screensaver any different than the previous vulgarities of the defendant?
Yes, in terms of damage.
The Family and Medical Leave Act does not cover
a friend's surgery
Which of the following is not a recognized defense to liability under the Equal Pay Act?
a gender classification system
Workers' compensation laws use a(n) ______ procedure rather than a(n) ______ procedure.
administrative; court
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
Did the plaintiff and defendant's employer make them sign anything like a contract regarding sexual harassment in the office?
no
Joy is a 48-year-old waitress for a mom-and-pop restaurant employing 15 employees. Joy was up for a big promotion to be the shift manager of her company. Joy really thought she had the job, but she didn't get it. When she asked her boss why she was not promoted, he said, "You were just too old. We want someone who can serve in this position for 20 years and stay with the restaurant for the rest of their long life." In this situation
the ADEA does not apply because it applies to employers having 20 or more employees only.
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
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 Wagner Act
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
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?
$10,000
Paul was very upset by the whole incident and decided to file a claim for sexual harassment (both hostile work environment and quid pro quo) against Tanya. A jury agreed that Paul had been subjected to a hostile work environment and to quid pro quo sexual harassment and awarded him damages.
(Check all.)
Business owners and managers need to understand these laws so they do not face any fines or criminal penalties as a result of not complying with the laws.
-Consolidated Omnibus Budget Reconciliation Act of 1985=health benefits(?) -Employee Retirement Income Security Act of 1974=pension protection -Occupational Safety and Health Act of 1970=health and safety -Omnibus Crime Control and Safe Streets Act of 1968= no spying on personals -electronic Communications Privacy Act of 1986=email privacy
The employment relationship is a contractual relationship between the employer and the employee: The employer agrees to pay the employee a certain amount of money in exchange for the employee's agreement to render specific services. Until about the middle of the 20th century, workers had virtually no rights. There were no safety standards, and a worker injured on the job could be fired. Workers of all ages often toiled in unspeakable conditions. Today, federal and state governments impose a number of conditions on the employment relationship.
-Federal Unemployment Tax Act= unemployment benefits and taxes for unemployment -Fair Labor Standards Act=minimum wage and time and a half -workers comp laws= purely state and injured workers -family and medical leave act=leave for medical
Which of the following is an example of a major piece of federal legislation regarding labor-management relations in the United States?
-Wager Act of 1935 -Taft-Hartley Act of 1947 Landrum-Griffin Act of 1959
The National Labor Relations Board's functions include
-prevent and remedy unfair labor practices by employers or unions -establish rules interpreting the National Labor Relations Act -monitor the conduct of employers and unions during an election to determine whether workers want to be represented by a union
Which of the following statements are true about the hiring of foreign workers by employers?
Employers who fail to comply with the laws regarding the hiring of foreign workers risk criminal and civil sanctions. Employers are required to confirm "work authorization," which means that every new employee, at the time of hire, must fill out Form I-9.
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.
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
True or false: Employers can prohibit employees from using social media to initiate group action.
False
Which of the following is not an accurate statement regarding the collective bargaining process?
The National Labor Relations Board can order labor and management to reach an agreement.
is the organization that enforces the Occupational Safety and Health Act (OSHA).
The Occupational Safety and Health Administration
Which of the following statements are true about the current laws that deal with discrimination based on marriage?
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.
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.
At a minimum, employer privacy policies should cover all but which of the following issues?
employee right to all financial records of the employer///employee rights to Fourth Amendment privacy protections
The National Labor Relations Board's functions include all but which of the following?
promote open shops and the right to work, especially in traditionally unionized states
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
