MGMT:3400 Quiz 1

Employers may be liable for the actions of their employees within the scope of employment. With regard to the actions of employees outside the scope of employment, which of the following statements is true? A) An employer can never be liable for the actions of its employee outside the scope of employment. B) An employer is always liable for the actions of its employee outside the scope of employment. C) An employer might be liable for the actions of its employee outside the scope of employment if the employer was negligent or reckless in allowing it to occur, or for other reasons. D) An employer can never be liable for the actions of its employees unless they are relatives.

An employer might be liable for the actions of its employee outside the scope of employment if the employer was negligent or reckless in allowing it to occur, or for other reasons.

(T/F) A claim for retaliation can be brought only by the person who was retaliated against.

False

(T/F) Employment laws are passed only by state and federal governments, not by cities or counties.

False

(T/F) In a disparate impact case, the focus is on the employer's intention.

False

(T/F) Since the passage of the Civil Rights Act of 1964, employment discrimination has largely disappeared from the workplace.

False

Which of the following is a protected class characteristic? A) religion B) height C) intelligence D) management status

Religion

(T/F) In a disparate treatment case, the focus is on the employer's intention.

True

(T/F) It can be difficult to determine whether an employment relationship exists.

True

Sources of employment law include all of the following EXCEPT: a. federal law b. state law c. ads for job openings d. constitutions

ads for job openings

Which of the following is true? Title VII of the Civil Rights Act: A) protects employees against discrimination based on race, sex, national origin, and disability B) applies to employers that have 15 or more employees C) protects employees against discrimination based on education D) protects employees against discrimination based on height, weight and physical appearance

applies to employers that have 15 or more employees

Which of the following is generally true regarding the process of enforcing employment laws? A) courts and government agencies hear cases only after employees come forward with complaints about violations of the law B) employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer C) once a claim is brought, a company's attorneys deal with it, and managers have little involvement in the case D) employment laws apply only to full time employees

courts and government agencies hear cases only after employees come forward with complaints about violations of the law

Under the "payroll method" approved by the U.S. Supreme Court: A) employers whose payrolls exceed $500,000 annually are counted B) employers are counted if they had at least 20 employees on the payroll at the time of the alleged discrimination C) employers are counted if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year D) employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.

employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.

Regarding employment law in the U.S., which of the following statements is true? A) Most federal employment laws were passed in the first half of the 19th century in response to growing industrialization B) The earliest employment laws focused on wages and vacation time C) Employees may be fired at any time for any reason not prohibited by law D) Employees enjoy the right to stay on the job as long as they are doing a good job

employees may be fired at any time for any reason not prohibited by law

Distinguishing between employees and independent contractors is important because: A) income tax must be withheld for independent contractors, but not employees B) employers have fewer legal obligations to employees C) employers can defend their noncompliance with employment laws by proving that persons performing work are independent contractors D) it is not important to distinguish between employees and independent contractors

employers can defend their noncompliance with employment laws by proving that persons performing work are independent contractors

The primary lesson to be learned from the lawsuit brought by Microsoft's temporary workers in the 1990s is that: A) it is safest legally to hire temp workers through a temporary staffing agency B) employers must provide benefits to all of their employees C) companies that use temp workers will often be deemed joint employers of those workers D) employers cannot arbitrarily exclude some employees from benefit plans by labeling them as temporary workers

employers cannot arbitrarily exclude some employees from benefit plans by labeling them as temporary workers

Under U.S. employment laws, employees have the right to: a. not be fired, as long as they do a good job b. be treated fairly in all aspects of the workplace, including receiving fair compensation c. have paid vacation after 1 year of employment d. expect their employers to comply with employment laws

expect their employers to comply with employment laws

In EEOC v AutoZone, the EEOC sued AutoZone on behalf of an employee who suffered injury and disability because his employer would not provide a reasonable accommodation for his disability. AutoZone argued that the damages awarded by the jury were too high, and also offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled: A) for the defendant AutoZone, since the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA B) for the defendant AutoZone, because plaintiff had not established that he suffered from a disability C) for the plaintiff because the damages awarded were consistent with the damages awarded in other cases D) for the plaintiff because he established that he suffered from a disability

for the plaintiff because the damages awarded were consistent with the damages awarded in other cases

Under the economic realities test: A) if the hired party depends on the job for a small portion of her income, that favors the conclusion that she is an employee B) if the hired party performs tasks that are central to the hiring party's business, that favors the conclusion that she is an independent contractor C) if the hired party performs low-skilled work, that favors the conclusion that she is an independent contractor D) if the hired party provides her own tools and materials, that favors the conclusion that she is an independent contractor

if the hired party provides her own tools and materials, that favors the conclusion that she is an independent contractor

Which of the following is true of the common law test? A) it is especially useful for distinguishing partners from employees B) it focuses on the right of control C) it focuses on the hired party's ability to sell his services to a variety of hiring parties D) it is especially useful for determining whether individuals should be covered as family members under benefit plans

it focuses on the right of control

If a worker is an employee, the employer must: A) make certain the employee makes estimated income tax payments B) pay the employer's share of Social Security and Medicare taxes C) pay the employee's share of Social Security and Medicare taxes D) provide a paid vacation after one year of employment

pay the employer's share of Social Security and Medicare taxes

The article "The Gig Is Up" stated: A) that the hardest job in the new economy is applying discrimination laws. B) that in the new economy it is easier than ever to determine independent contractor status. C) that the analysis to determine independent contractors has not changed. D) employer's discriminate on a regular basis and now everyone knows it.

that the analysis to determine independent contractors has not changed.

Which of the following must be shown in order to establish a prima facie case of retaliation? A) that the employee was replaced by someone with differing protected class characteristics B) that the employee lost an employment opportunity shortly after engaging in protected activity C) that the employer's action was based on the employee's race, sex, or other protected class characteristic D) that the employer's action was based on a disagreement with a superior and that the firing was unrelated to quality of the employee's job performance

that the employee lost an employment opportunity shortly after engaging in protected activity

The key element in disparate treatment is discriminatory intent. In this context, that means that: A) the decision-maker made the decision with intent to harm B) the decision-maker made the decision with intent to break the law C) the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee D) the decision-maker made the decision with personal animus

the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee

Persons performing volunteer work are more likely to be deemed employees if: A) their services are provided to non-profit agencies B) they receive significant remuneration for their services C) they retain control over their volunteer work schedule D) a volunteer is never an employee, given the meaning of the term "volunteer"

they receive significant remuneration for their services

When determining which employment laws apply to a certain employer, which of the following factors does NOT apply? a. the number of employees that work for the company b. whether the employer sells goods or services to the state government where it is located c. the state(s) in which the employer operates d. whether the employer sells goods or services to the federal government

whether the employer sells goods or services to the state government where it is located