Exam 4 Questions
Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that
COC refused to make reasonable accommodation for Beth.
A closed shop is a firm that rejects union membership as a condition of employment.
False
A consumer who receives unsolicited merchandise must return it within three business days.
False
Advertising will not be deemed deceptive so long as it appears to be based on factual evidence, even if it is not.
False
All employers in the United States are subject to federal employment discrimination laws.
False
All environmental law consists of statutes and regulations.
False
An employee can continue the health benefits provided by his or her employer for a period of time only on an involuntary loss of employment.
False
An employer is not liable for the sexual harassment of an employee by a co-worker.
False
An employer is not liable for the sexual harassment of an employee by the employee's supervisor.
False
An employer may hire an illegal immigrant if the employer files a special form.
False
Employers can agree with unions not to handle, use, or deal in non-union-produced goods.
False
Food labels are not required to provide standard nutrition facts.
False
If an agency decides that an environmental impact statement is unnecessary, it need not issue a statement supporting this conclusion.
False
Job requirements that relate to job performance cannot violate employment discrimination laws.
False
Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination.
False
Non-workers do not have a right to picket an employer during a strike.
False
Only offshore oil facilities that discharge oil into navigable waters are liable for the clean-up costs.
False
Race can be a bona fide occupational qualification.
False
Requiring union membership as a condition of continued employment is legal.
False
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against persons over eighteen.
False
The Americans with Disabilities Act of 1990 defines disabled persons as persons impaired mentally or physically "in any way."
False
The Environmental Protection Agency can regulate a substance that poses an imminent hazard but cannot prohibit the use of a substance altogether.
False
The employment-at-will doctrine is little used today.
False
There are no exceptions to the employment-at-will doctrine.
False
There is no distinction between regulating the information dispensed about a product and regulating the actual content of the product.
False
Under current law, an employer cannot adopt an affirmative action plan.
False
When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.
False
Fabio makes a living by farming near Gastric Combustibles, Inc., which has discharged pollutants into the area's air and water. If Fabio brings a suit asking for an injunction against Gastric on the ground of nuisance, the court is most likely to rule in Gastric's favor if
Gastric's operation is the core of the local economy.
Lita replaces Manny in his job at Neighborly Business Corporation (NBC). Manny believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply
Manny must be forty years of age or older.
Pam is an administrative employee of Quality Assurance Company. Social Security contributions to help pay for Pam's loss of income on retirement are made by
Pam and Quality Assurance.
All ads-both online and offline-must be truthful.
True
An employer may campaign among its workers against a union during a union election campaign.
True
An employer who hires and fires workers according to a fair seniority system may have a good defense to an employment discrimination suit.
True
At least one court has held that an affirmative action program violated the U.S. Constitution.
True
Buyers of goods sold door to door can cancel their contracts within three business days.
True
Employer who willfully violates safety regulations can be prosecuted under state criminal laws.
True
Federal labor law protects employees' right to strike.
True
Federal law governs unions' internal business procedures.
True
Firing a worker who refuses to perform an illegal act violates public policy.
True
Generally, an employer's monitoring of electronic communications in the workplace does not violate employees' privacy rights.
True
Injured individuals can rely on the common law to obtain damages and injunctions against business polluters.
True
It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.
True
Labels on fresh meat must indicate where the food originated.
True
Manufacturers are required to report on any products intended for sale if the products have proved to be hazardous.
True
Merchants must issue a refund within a specified period of time when a consumer cancels an order.
True
Merchants must ship orders within the time promised in their ads.
True
Only state law governs drug tests of private-sector employees.
True
State laws may restrict a business's discharge of chemicals into the air or water.
True
State laws often provide more sweeping and significant protections for the consumer than federal laws.
True
The Clean Water Act includes special provisions for oil spills.
True
The key federal statute regulating the credit and credit-card industries is basically a disclosure law.
True
To bring an action against an employer based on intentional discrimination, a person must show that he or she is a member of a protected class.
True
To recruit employees from other countries, an employer must first complete a verification process.
True
Under the Americans with Disabilities Act of 1990, a person with a physical impairment that "substantially limits" everyday activities is disabled.
True
Unions must allow their members to participate in union meetings.
True
Silky Coordinates, a women's clothing store, employs female attendants to assist customers in the dressing rooms. Radley, a forty-one-year-old male, applies for an attendant's job, but is not hired. In Radley's suit against Silky for employment discrimination under Title VII, the store has
a bona fide occupational qualification defense.
Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is
a constructive discharge on the basis of gender discrimination.
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.
Industry Processes Corporation generates solid waste considered hazardous. Industry labels and packages properly all waste to be transported to a disposal site. Under the Resource Conservation and Recovery Act, this is most likely
a violation because Industry generates solid waste.
A barge owned by Oceanic Shipping Company accidentally runs aground, spilling the oil contained in its hold into the sea and onto the shore. Under the Clean Water Act, this is most likely
a violation.
Without a permit from the U.S. Army Corps of Engineers, Holiday Timeshares, Inc., fills a wetlands area that it owns before constructing a residential resort. Under the Clean Water Act, this is most likely
a violation.
Svetlana, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on
age.
Missoula, Montana, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by
all other levels of government.
Myron is an employee of Nero. Either party can terminate the employment relationship at any time for any reason without liability. With respect to the employment-at-will doctrine, this is
an example of the doctrine.
Thalia is an employee of Universal Insurance Company. Universal's employee manual states that workers will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is
an exception based on contract theory.
The Environmental Protection Agency (EPA) has the authority to regulate "any air pollutant." Fresher Air Group, a private organization that supports cleaner air, can file a suit against the EPA to
compel the EPA to act or prevent it from acting.
ChemoCorp, Inc., makes and sells pesticides. If a substance is identified as harmful and the harm is imminent, the Environmental Protection Agency, among other things, can
conduct an inspection of ChemoCorp's plant.
Emma, Frick, Glenda, and Huey are employees of different-sized employers in different industries. A minimum wage must be paid to employees in
covered industries only.
Piku files an employment discrimination suit against Quotient Accounting, Inc., under Title VII, based on its discharge of Piku. In these circumstances, possible relief under Title VII includes
damages or job reinstatement.
To generate sales, Yakkity-Yak, Inc., uses phone solicitation. Under federal law and Federal Trade Commission regulations, in soliciting business, Yakkity-Yak's telemarketers must
disclose all material facts related to a sale.
Olly applies for a job with Petro Company. Petro does not hire Olly because of his ethnicity, or national origin. This is
disparate-treatment discrimination.
GR8 Fashion, Inc., complains to the Federal Trade Commission (FTC) about an ad broadcast by Hott Clothes Company, GR8's competitor. The FTC investigates and concludes that the ad is deceptive. The FTC's next step is to
draft a formal complaint.
Ultra Kleen, Inc., operates a chain of laundry establishments throughout the United States. The government entities that are most likely to be involved in regulating the chain's environmental impact are
federal and state administrative agencies.
Link and Meryl are employees of Natural Resources, Inc. (NRI). When Odel, the president of NRI, learns that Link and Meryl are active in union activities, he discharges them. Link and Meryl may bring an action against NRI under
federal labor law.
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.
Rock Mining Company operates a gravel pit next to Sid's residence. Sid files a suit against Rock, alleging that the pit is a nuisance and unreasonably interferes with Sid's enjoyment of his property. The court is most likely to award Sid damages
if letting the pollution continue is less harmful than stopping it.
Service Employees International Union would like Tasty Cafés, Inc., to require union membership of its job applicants as a condition to obtaining employment. This is
illegal in all states.
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.
Uri is an employee of Verity Security Services. For Uri to obtain the benefits of federal wage-hour requirements, Verity must be engaged in
interstate commerce.
First National Bank may subject its employees to lie-detector tests when investigating
losses attributable to theft.
During a union election campaign at Skyscraper Construction Corporation, the employer can, without monitoring or regulating by the National Labor Relations Board, threaten employees with
neither a layoff nor a reduction in benefits and wages.
Under the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping Act), Bayside Chemical Company may dump its chemical waste into the ocean
not at all.
Research Statistics Corporation uses a merit system to pay its employees according to their job performance. Suki, a female, and Troy, a male, are Research employees with comparable jobs. Due to superior performance, Suki is paid more than Troy. This is
not discrimination.
Hoppy, who works as an employee for Imperial Power Corporation, suffers an injury in an accident. Hoppy will be compensated under state workers' compensation laws
only if the injury occurred on the job.
Travel Tours Company faxes ads to Uri and other individual consumers without the recipients' permission. This is subject to
possible fines by the Federal Communications Commission.
Consumer Finance Corporation (CFC) extends credit to consumers. CFC is subject to the Equal Credit Opportunity Act, which prohibits credit dis-crimination based on
race.
Hi-Yield Agriculture, Inc., makes a pesticide with a risk to people of developing cancer from exposure of one in a million. This substance must be
registered before it is sold.
Steel Tool Company makes and sells tools. One of the tools is believed to be hazardous. The appropriate government agency may require Steel to
remove the tool from the market.
Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is
required.
On behalf of RiteNow Collection Agency, Sid poses as a police officer in an attempt to collect payment from Tylo for a shipment of scuba equipment that she returned to Undersea Company two months earlier. This violates
the Fair Debt Collection Practices Act.
Essential Foods Corporation makes and markets a variety of processed food products. The federal agency responsible for enforcing health regulations concerning food is
the Food and Drug Administration.
Metro City operates its own municipal public drinking water system. With regard to pollutants, this system is primarily subject to
the Safe Drinking Water Act.
Over a forty-year period, Ewa worked in a variety of jobs. She was also occasionally unemployed, briefly hospitalized, and suffered a temporary disability. She retired last year. The key law on all of these subjects is
the Social Security Act.
Tory borrows $10,000 from USA National Bank to remodel a room in her home. This transaction is subject to
the Truth-in-Lending Act.
Brad borrows $20,000 from Citizens Bank to repair his home and to buy a car. Brad buys a stereo from Deep Discount Store in a transaction financed by Deep. If these parties are subject to the Truth-in-Lending Act, Regulation Z applies to
the car loan, the home repair loan, and the retail installment sale.
Network Industries, Inc., wants to monitor its employees' electronic communications. To avoid liability under laws related to employee monitoring, Network should discuss the monitoring with
the employees.
Hu, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by
the employer.
River Valley Company operates a public water supply system. River Valley must send to every household that it supplies with water an annual statement describing
the source of the water, and any contaminants and health concerns.
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.
The Social Security Administration hires Thorough Paving, Inc., to repave a parking lot. For this action, an environmental impact statement is most likely
unnecessary because the action is not "major."
