MHR 461 Final

The Family and Medical Leave Act gives employees the right to take:

12 weeks of unpaid leave per year for health and family-related reasons

Which is not an officially recognized racial group under Title VII:

Arabs

The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the:

Equal Employment Opportunity Commission

Title VII of the Civil Rights Act applies to which of the following:

Title VII applies to all of the other specific choices

The most important antidiscrimination employment law is:

Title VII of the Civil Rights Act of 1964

Cutting health care benefits for workers over age 65 because they are eligible for Medicare is an example of:

age discrimination

Forcing retirement because of age is an example of:

age discrimination

Indicating an age preference in advertisements for employees is an example of:

age discrimination

Under Title VII, a protected class may be composed of people who share the same:

all of the other choices

Which of the following is not an example of a public policy exception to employment at will:

all of the other choices are correct

The benefits of workers' compensation do not cover:

all of the other choices are covered

Title VII sex discrimination includes discrimination with respect to:

all of the other choices are included under the law

Sexual harassment does not appear to include:

all of the other choices may be included

The Family and Medical Leave Act does not apply to:

all of the other specific choices

Which of the following is an amendment to the Civil Rights Act of 1964:

all of the other specific choices are amendments

The hostile environment form of sexual harassment occurs in which of the following circumstances:

all of the other specific choices are correct

Which of the following problems suffered by a worker would not be eligible for coverage by workers' compensation:

all of the specific choices would be covered

Which of the following workers would not be covered by the FMLA:

an employee who had not worked at all for at least a year

For Title VII of the Civil Rights Act to apply, an employer must have:

at least 15 employees

Exceptions to the presumption of at-will employment come from:

both courts and legislation

In relation to the term "sex discrimination:"

courts have played a major role in defining the term

A negotiable instrument is a promise by one party to pay a undefined sum of money to another party. There are two parties: the maker and the payee. While the amount to be paid may vary, the date of payment must be set at a specific time in the future.

false

A note involves two parties, the maker and the payee. Payment must be on demand.

false

A public policy exception to employment at-will gives the employee the right to sue for wrongful discharge. Such suits are quite common.

false

According to the Statutes of Fraud, mortgages may be either oral or in writing.

false

An at-will employee may be fired for leaving work to report for jury duty.

false

Anti-raiding covenants are when one company contracts with another company not to raid it in an effort to hire away any of its employees.

false

Employers may give employees a drug test only if they are offered employment, not before.

false

Negotiable instruments payable "to bearer" are considered the safest form.

false

Promises to pay include drafts and checks.

false

Public policy exceptions to the at-will employment rule are common bases for suits by employees wrongfully dismissed.

false

Substance abuse policies put in place by employers are strictly an internal company concern, and are not affected by state or federal legal laws.

false

The U.S. Chamber of Commerce found that workers who are substance abusers are no more likely that any other worker to suffer an injury or to cause one.

false

The only property that is typically exempt from attachment is personal property worth over $1,000.

false

To be ordinary holder of a negotiable instrument, the holder must give value for it, take it without knowledge that it is overdue or defective, and must take it in good faith.

false

To meet the UCC's requirements for negotiability, an instrument must be payable to a specific party.

false

When real estate is used to back up a note, it is called a collateral note.

false

When the maker of a note promises to repay the note in specific installments over time, it is a balloon note.

false

Workers' compensation law:

gives an employer immunity from employee tort suits arising from on-the-job accidents

A company with 30 employees has no personnel department. Several male employees pester several female employees, including making sexual gestures, comments, and, at times, grabbing them. Telling the men to stop does not change behavior. Several women quit and file a complaint against the employer for sexual harassment. It is likely that the women will:

have a case because there was a persistent hostile environment that was not corrected.

Discriminating in fringe benefits, such as in the structure of health insurance benefits, to discourage women of childbearing age from working is:

illegal because it is a form of pregnancy discrimination

Requiring a pregnant woman to go on leave when she is able to do her job is:

illegal because it is a form of pregnancy discrimination

When employers have been sued for monitoring the content of their employees' e-mails at work, the court have generally held that the monitoring:

is legal, employers have the right to do so, in part to prevent sexual harassment

Besides regular private employers, Title VII applies to which of the following?

labor unions and employment agencies and government agencies

Individual states:

may have civil rights acts that apply to employers exempt from Title VII

An employee who reports an employer's illegal action in order to help law enforcement is ____ to be protected by the whistle blower exception than an employee who reports an employer's illegal action for private gain.

more likely

Title VII restricts discrimination based on:

national origin

To not violate Title VII's prohibition of discrimination based on religion, an employer may have to make changes in the way her business is organized to meet religious requirements of employees. Employers are required to incur:

no more than minimal expenses to accommodate an employee's religious requirements

When an employer fires an employee in violation of a public policy exception to the presumption of at-will employment, the employee may sue for:

none of the other choices

Where there is a promise of a reward, such as promotion or pay raise, for providing sexual favors being demanded is called:

none of the other choices

When an employee reports an employer's illegal act it is referred to as:

none of the other choices are correct

An example of quid pro quo sexual harassment would be:

none of the other choices are specific to quid pro quo harassment

Which of the following are public-policy exceptions recognized by most states as limits to the employment-at-will doctrine allowing termination of employees?

performing a public duty (reporting for jury duty) and exercising a right (filing for workers' compensation)

The Age Discrimination in Employment Act holds it illegal to discriminate in employment against:

persons aged 40 and over

As seen in Oncale v. Sundowner Offshore Services, a case concerning male-on-male sexual harassment, same-sex harassment is:

prohibited by Title VII when it is motivated by the sex of the victim

Besides contractual agreements that place limits on the employment relationship, there are ____ that have arisen over the years.

public policy exceptions

The whistle blower exception to at will employment is most likely to apply to:

public sector employees

Which of the following is not a benefit category of workers' compensation:

punitive damages for gross injury

The most common claim of discrimination, which makes up about 36% of charges filed, is:

race

Drug agents employed by the federal government are:

required to participate in drug-testing programs

Title VII of the Civil Rights Act does not apply to which of the following:

selection of independent contractors

For an employee to have a claim under workers' compensation, the employee must show:

she received a personal injury as a result of an accident at work

Which of the following are examples of illegal discrimination under the Pregnancy Discrimination Act?

suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition

In Harris v. Forklift Systems, a woman sued her employer based on the conduct of her male boss. The Supreme Court described the hostile work environment standard as:

taking a middle path between making actionable any conduct that is merely offensive and requiring the conduct to cause a tangible psychological injury

Under Title VII, national origin refers to:

the country where a person is born or the country from which his or her ancestors came

Which of the following is one of the most common claims of religious discrimination in the workplace:

the employer will not allow the employee to take time off work to attend religious services

In Harris v. Forklift Systems, a woman claimed that the behavior of her boss was illegal sexual harassment. The Supreme Court applied which standard to the case?

the hostile work environment standard

Under Title VII, color refers to:

the shade of a person's skin

Which of the following is not an objective of the workers' compensation law?

to encourage the use of the federal court system to resolve the rights of injured employees

Many workers' compensation systems are running out of money due to:

too many lifetime payment awards being given to workers who are not actually permanently disabled

Wrongful discharge is a:

tort

A cashier's check is a form of check in which the bank is both the drawer and the drawee.

true

A check is a draft drawn on a bank and payable on demand.

true

A major concern of businesses about substance abuse is that it leads to higher medical insurance costs.

true

A negotiable instrument may be transferred in two basic ways. If the instrument is made "to the order" of the payee, the payee must (1) endorse the instrument and (2) deliver the instrument to a third party. If the instrument is made "to bearer," the party in possession of the instrument is required only to deliver it to transfer it.

true

Certain contracts as a part of the employment relationship are held to violate public policy.

true

Employment-at-will means that, unless a contract holds otherwise, employers are free to fire workers at any time for any reason and employees are free to quit their jobs at any time for any reason.

true

Exculpatory agreements as part of the employment process are generally held in disfavor by the courts.

true

If a commercial instrument is nonnegotiable, it falls under the common law, not the UCC.

true

If an at-will employee is fired for reporting for jury duty, the termination may be in violation of public policy.

true

If an employee fails a drug test, giving the employee a second test is generally good policy.

true

In most states, an employee may not be terminated at-will for refusing to commit an illegal act.

true

Noncompete agreements are when an employer has employees sign agreements not to compete with the employer in the future.

true

Occupational licensing requires permission from a regulating agency to operate certain businesses.

true

Orders to pay include drafts and checks.

true

Real estate is typically financed by borrowing money and securing the loan with a mortgage.

true

State laws vary in how they resolve various drug-related employment issues.

true

The Occupational Safety and Health Act requires employers to follow health and safety standards issued by OSHA.

true

The drawee owes money to the drawer in a negotiable instrument.

true

The mortgagee is the creditor who makes a mortgage. Correct! True

true

The party to receive a payment from a negotiable instrument is called the payee.

true

The party who agrees to make a payment to another party, based on a document presented to it, such as a bank, is called the drawee.

true

The party who issues or creates a document that requests payment, probably from a bank, is called the drawer.

true

The whistle-blower exception to at-will employment status is more common for government workers.

true

To meet the UCC's requirements for negotiability, an instrument must be in writing.

true

To protect the rights of the mortgagee, a mortgage should be recorded with a state official.

true

Under federal law, airline pilots must be tested for drug and alcohol use by their employers.

true

When the payee is concerned about the quality of a draft, it may be submitted to the drawee for confirmation. That is called an acceptance or bankers' acceptance.

true

A typical disability income, up to a state-imposed weekly maximum, is about:

two thirds of a worker's gross wages

The Supreme Court's ruling in McDonald v. Santa Fe Trail Transportation, where an African-American employee and a white employee had stolen property from their employer and the African-American employee was reprimanded but allowed to keep his job while the white employee was fired, showed that:

whites are protected under Title VII of the Civil Rights Act