MADM 427 Chapter 02

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Court approved

In EEOC cases, a consent decree is ________.

Tort

A ________ is a civil wrong that occurs when the employer violates a duty owed to its employees or customers that results in harm or damages.

All of the above

Agencies that regulate fair employment practice exist at which level?

Employers cannot discharge employees on the basis of race

An example of an exception to the principle of employment-at-will would be ________.

Allegations and evidence about intentions to discriminate

Disparate treatment focuses on ________.

The U.S. Constitution Amendments

Due process rights have their primary source in ________.

All of the above

Employers can use which of the following techniques without violating the Age Discrimination in Employment Act.

May involve conciliation agreements

Enforcement mechanisms used by the OFCCP ________.

Federal contractors with contracts in excess of $10,000

Executive Order 11246 covers ________.

Imprisonment for up to six months

Noncompliance with the Immigration Reform and Control Act (1986) could result in ________.

Both written and oral contracts are enforceable

Regarding employment contracts, ________.

They are permitted by law

Regarding the use of tests in staffing, it can be said that ________.

Written documents passed by legislative bodies

Statutory law is derived from ________.

40

The Age Discrimination In Employment Act (1967) prohibits discrimination against individuals who are ________ years or older.

40

The Age Discrimination in Employment Act focuses on individuals over the age of ________.

Employment-at-will

The common law principle which states that, in the absence of any contract language to the contrary, either the employer or employee may terminate the employment relationship at any time is called ________.

It justifies discrimination based on reasonable necessity of the job

The essence of a BFOQ is that ________.

With the plaintiff

The initial burden of proof in discrimination claims lies ________.

To provide nondiscriminatory reasons for the practice(s) in question

The key to a successful rebuttal in a disparate treatment case is ________.

Both are legal

The legal status of seniority and merit systems is that ________.

Employer-employee

The most prevalent form of the employment relationship is ________.

Past court decisions

The primary source of common law is ________.

Interpret, administer, and enforce the law

The role of federal agencies is to ________.

Never exercise direct control over these people and treat them separate from regular employees

What can employers do to ensure that permatemps, that is, individuals from staffing firms who have long-term relationships with an employer, are not considered employees of their firm?

Percentages of groups in job categories relative to their availability in the population

When using stock statistics in job selection discrimination cases, the comparison being made is ________.

The need to accommodate often hinges on whether or not a given job function is necessary or essential

Where reasonable accommodations for disabled individuals are concerned, it can be said that ________.

The law only applies to disabled individuals who are otherwise qualified

Where the Americans with Disabilities Act is concerned, ________.

All of the above

Which of the following factors increase the likelihood that a worker will be considered an independent contractor?

Disability status

Which of the following is not covered by the Civil Rights Act of 1964?

Asking a job applicant to undergo a medical exam after a job offer has been made

Which of the following is not prohibited by the ADA?

All of the above

Which of the following is prohibited discrimination under civil rights law?

All of the above

Which of the following is true regarding EEO laws?

None of the above

Which of the following is true regarding H-1B visas?

Although such discrimination is not covered by federal law, it is covered by some state and local laws

Which of the following is true regarding discrimination on the basis of sexual orientation?

Use of temporary workers can often raise issues of "co-employment."

Which of the following is true regarding temporary employees?

Specific agencies exist which regulate administration and enforcement.

Which of the following is(are) true regarding federal EEO/AA laws?

Using an independent contractor frees an employer from the tax withholding and tax payment obligations it has for its employees.

Which of the following statements is true regarding independent contractors?

Their purpose is to create a reasonable balance of power between the employer and employee.

Which of the following statements is true regarding the laws and regulations which govern the employment relationship?


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