McCown BLS 342 last 3 chapters
In 1991, depending on the size of the employer, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages per person of up to ______.
$300,000
An employee is eligible to qualify for the Family and Medical Leave Act benefits if the employee has worked at least
1,250 hours during the previous 12 months.
The Age Discrimination in Employment Act recognizes both disparate treatment and disparate impact discrimination for employers with ______.
20 or more employees
The Age Discrimination in Employment Act forbids age-based discharge of employees over age
40
Aaron works as a manager at Chuy's, a restaurant in Austin, Texas with 70 other employees. He has been working there full time for 22 months. One day his wife calls with some bad news. His father-in-law has been severely injured in a car accident while returning from work. Aaron asks his employer for leave under the Family Medical Leave Act (FMLA). In this scenario, which of the following statements is true?
Aaron is not entitled to the leave because his father-in-law does not qualify as an immediate family member.
Arrow, Inc.'s steelworkers are unionized. The steelworkers want increased wages. When Arrow refuses to bargain on wages, they vote to strike. This strike has the potential to paralyze the entire steel industry. Which of the following statements is true under the Taft-Hartley Act?
An 80-day cooling-off period may apply in this situation.
Wayside Academy is a private school in Mountain State. Wayside employs 50 teachers and 5 aides who all lived locally to run the school and the associated programs all year. Emile worked as a full-time aide in 2015 from January to March, but lived over 100 miles away so he quit. He moved to the local area and was rehired in October 2015. In August 2016 Emile requests to take paternity leave, starting immediately, under the Family and Medical Leave Act. Is Emile an eligible employee and is Wayside a covered employer under the FMLA?
Emile is an eligible employee but Wayside is not a covered employer.
Lily has been working at Fasching and Co. for six years. Her pension plan will vest at her seven-year work anniversary. She has had great performance evaluations and has received regular raises and promotions. The Chief Financial Officer (CFO) has determined that cost-cutting is needed to keep the company profitable. He recommends that Lily be fired before her pension vests and becomes a permanent liability against the corporation. According to the ______ the company cannot fire her to prevent her from getting vested pension rights.
Employee Retirement Income Security Act (ERISA)
The concept of hiring employees for an indefinite period of time and discharging them without cause at anytime is called the __________.
Employment-At-Will Doctrine
Ellen received health insurance through her employer. One year later she was diagnosed with cancer and underwent treatment. The insurance company believed it would be too expensive to insure her and rescinded her coverage. She may bring a claim against the insurance company because of the provisions of the ____________
Health Insurance Portability and Accountability Act (HIPAA).
Which of the following holds true for the Fair Labor Standards Act?
It forbids discharge for exercising rights guaranteed by minimum wage and overtime provisions of the act.
Which of the following statements about the Age Discrimination in Employment Act (ADEA) is true?
It invalidates retirement plans and labor contracts that violate the law.
Employers were prohibited from firing employees for union activities under the
Labor-Management Relations Act.
The largest union in the United States is the ______.
National Education Association
Who among the following is covered by the Americans with Disabilities Act?
Sharon, who is diabetic
______, effective November 2009, prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information.
The Genetic Information Nondiscrimination Act
Which of the following statements is true of the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
The USERRA also contains health insurance provisions.
Which of the following statements is true of an employer in case an employee is on family medical leave?
The employer may request a medical certification that a qualifying event has occurred in the employee's life.
Regarding the internship programs under the Fair Labor Standards Act (FLSA), which of the following statements is true?
The internship is similar to training given in an educational environment.
Which of the following is true of the Occupational Safety and Health Administration (OSHA)?
The private cause of action is absent under OSHA.
Which of the following holds true for the Internal Revenue Service (IRS) Whistleblowers Rewards Program?
The whistleblower may receive compensation only from monies actually collected based on the information provided.
Tyrell opens a men's only weight loss center. The center has 20 employees of which four employees are women who do overnight maintenance work when the center is closed. Tyrell places an advertisement online for a weight loss counselor, and Leah applies for the job. Tyrell rejects Leah's application on the basis of gender. Leah files a discrimination charge against Tyrell with the Equal Employment Opportunity Commission. Which of the following statements is true in this scenario?
Tyrell can defend his case by showing that being male is a bona fide occupational qualification for the job.
Under Section 1981, ______.
a plaintiff cannot sue for unlimited damages for discrimination based on sex, religion, national origin, or age
Under the Fair Labor Standards Act (FLSA), the overtime pay for workers is
a rate not less than one and one-half times the employee's regular rate of pay.
In which of the following types of employer action is discrimination permitted?
actual hiring
The ______ requirement means that federally contracting employers must actively recruit members of minority groups being underused in the workforce.
affirmative action
Regarding the Pregnancy Discrimination Act, the following statement is true:
an employer is required to provide coverage for abortion if an employee carries to term and her life is endangered
A polygraph test may be legally used_____________________________.
by most private employers to check current employees because of a specific incident that caused economic injury to the employer's business
A place of employment that requires a person to be a union member before applying for a job is said to be a(n) ______.
closed shop
Under the Employee Polygraph Protection Act, ______.
current employees may not be tested randomly but may be tested as a result of a specific activity that causes an economic loss to the employer
Matt, a supervisor, refuses to let female employees work on overtime assignments because he thinks it is unsafe for women to work after 6 p.m. The female employees decide to file a charge against Matt with the Equal Employment Opportunity Commission. This case is an example of ______.
disparate impact
The 1991 revision of the Civil Rights Act to support punitive and compensatory damages has
encouraged employees to sue their employers
Before the Equal Employment Opportunity Commission can file a civil suit for a violation of the Civil Rights Act based on a claim by a discriminated employee, it must first
exhaust efforts to settle the claim
A Worker Adjustment and Retraining Notification (WARN) notice is mandatory for a case that relates to the sale of a business.
false
Equal Employment Opportunity Commission guidelines on discrimination consider color to be a bona fide occupational qualification.
false
General exceptions regarding pay for workers under the Fair Labor Standards Act (FSLA) are usually referred to as the "blue-collar" exemptions to overtime.
false
In internship programs under the Fair Labor Standards Act (FLSA), an intern is entitled to wages for the time spent in the internship.
false
States may set minimum wage amounts that are lower, not higher, than the federal minimum rate.
false
The 1991 Civil Rights Act amendments allow the setting of quotas in employment.
false
The Fair Labor Standards Act (FLSA) requires employers to provide a functional space for nursing mothers to express breast milk, which can include a private bathroom.
false
The Fair Labor Standards Act (FLSA) sets 16 years of age as the minimum age for employment.
false
The right to a covered leave of absence under the Family and Medical Leave Act applies to employees the moment they begin employment.
false
Under the Americans with Disabilities Act, compensatory and punitive damages are available for policies that merely have disparate impact.
false
When firing employees the law requires an employer to discharge non-union members before it discharges union members.
false
Under common law, if an injury occurred because of the negligence of another employee, the employer would escape liability because of the ______ defense.
fellow-servant rule
The Equal Employment Opportunity Commission is composed of _______members who are appointed by _________ and serve a five-year term.
five, the president
Public employees are protected from some drug testing by the ______ Amendment's prohibition against unreasonable searches.
fourth
According to the Age Discrimination in Employment Act, who among the following are subject to mandatory retirement policies?
high-level policy makers aged 65 and older who are entitled to receive annual retirement benefits of at least $44,000 a year
The Americans with Disabilities Act does not require employers to
hire the unqualified disabled
A(n) ______ is a type of sexual harassment in which co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti.
hostile work environment
Under the Equal Pay Act, discrimination in pay is allowed if
it arises fro a seniority system
The Americans with Disabilities Act prohibits discrimination against the qualified disabled which include all but the following:
kleptomania
Which of the following steps if taken by an employer to address allegations of discrimination will trigger a retaliation claim?
move employees who make discrimination claims to alternate shifts without a reduction in pay
GVB Inc., a consulting firm, hires Zainab, who is a Muslim. In order to avoid discriminating against Zainab based on her religion, GVB
must make reasonable accommodation to her religious needs.
The __________appoints members of the National Labor Relations Board with the consent of the _____________.
president, Senate
The Health Insurance Portability and Accountability Act (HIPAA) has four main components, one of them is that it
provides that employees may continue to purchase health insurance even after their employment is terminated.
As interpreted by the courts, Section 1981, a provision of the Civil Rights Act of 1866, applies only to ______.
racial discrimination
______ is the process of adjusting a job or work environment to fit the needs of disabled employees.
reasonable accommodation
______, one of the provisions of the Civil Rights Act of 1866, provides that all persons shall have the same right to make and enforce contracts as enjoyed by white citizens.
section 1981
Quid pro quo is a type of ______.
sexual harassment discriminationRegarding the Pregnancy Discrimination Act, the following statement is true:
Title VII of the Civil Rights Act does not prohibit discrimination against employees based on their ______.
sexual orientation
The main purpose of the Clayton Act of 1914 was to_______________.
strengthen the antitrust laws
Which of the following specifically prohibits the race norming of employment tests?
the Civil Rights Act amendments of 1991
Which of the following acts is directed at protecting employees' health care?
the Consolidated Omnibus Budget Reconciliation Act (COBRA)
Delltrix Corp., a customer support provider, needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected because of their poor English language proficiency. The applicants file a disparate impact case with the Equal Employment Opportunity Commission against Delltrix on the grounds of discrimination based on nationality. Which of the following defenses is Delltrix most likely to use in this case?
the business necessity defense
In a disparate impact case, an alleged employer can defeat a plaintiff's claim by proving ______.
the business necessity defense
If an employee's tips combined with the cash wage is inconsistent with the minimum hourly wage, ______.
the employer must make up the difference with certain conditions
__________is an important element of the Fair Labor Standards Act.
the record keeping requirement
An employee is entitled to request an Occupational Safety and Health Administration (OSHA) inspection if they believe workplace conditions are unsafe.
true
An employer's publication of an employee handbook can change the nature of at-will employment.
true
An injunction against future violations of the Equal Employment Opportunity Act is a possible remedy provided by the Equal Employment Opportunity Commission.
true
Both employers and employees must see a matter as important in order to have successful collective bargaining.
true
Breaks or meal periods are not required to be given to workers under the Fair Labor Standards Act (FLSA) but may be required by state or local laws.
true
Employers may hire for a discriminatory reason because it is only illegal for employers to fail to hire or refuse to hire on discriminatory grounds.
true
Employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions in the same manner as other conditions are covered.
true
Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.
true
Household and domestic workers are exempt from the National Labor Relations Board's authority.
true
If an employer provides female employees with health insurance to cover their pregnancies but does not provide health insurance to cover pregnancies for the male employees' wives, the employer violates the Pregnancy Discrimination Act.
true
In a Title VII civil action, even if a plaintiff proves disparate treatment against the plaintiff's class, a defendant can win by showing that all or substantially all members of the plaintiff's class cannot perform the duties of the job.
true
Most employment practices that illegally discriminate do so because of their disparate impact, so employers must ensure their job and educational requirements are necessary for their business.
true
Part-time workers have the right to receive a notification of a mass layoff under the Worker Adjustment and Retraining Notification (WARN).
true
Refusing to hire people because of a poor credit rating, when minorities are disproportionately affected, would be an example of disparate impact on race.
true
Requiring job applicants to state on a questionnaire whether they would cross a picket line in a strike is illegal.
true
Research has shown that there can be racial bias in hiring based on an applicant's name.
true
The Worker Adjustment and Retraining Notification (WARN) Act requires that covered employers give employees prior notice of plant closings or mass layoffs.
true
The exclusive remedy rule has some exceptions because worker's compensation laws do not adequately compensate badly injured workers.
true
Under the Family and Medical Leave Act (FMLA), an employee's healthy child who is over 18 years old does not qualify as an immediate family member.
true
Lois has applied for a job at OneStop Everyday Market, a grocery store chain. She is told that after thirty days she is required to join the union representing the employees of OneStop. In this case, OneStop Everyday Market is a(n) ______.
union shop
The discharge of an employee for reporting the employer's alleged violations of law is known as ______.
whistleblowing
