Quality Management

Since the passage of the Civil Rights Act of 1964, employment discrimination has largely disappeared from the workplace.

false

The structure of employment has remained relatively stable since the early 1900s.

false

Unless there is direct evidence of a discriminatory hiring practice, the employer cannot be proven to have discriminated.

false

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?

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.

Regarding employment law in the U.S., which of the following statements is true?

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

Which of the following statements is NOT true? (a) Employers may contact an applicant's previous employers (b) Employers may conduct a thorough and comprehensive background check of every applicant (c) Employers may obtain an applicant's consumer credit report (d) Employers may perform a criminal background check searching for arrests

Employers may perform a criminal background check searching for arrests

In order to prevent discrimination against applicants of protected classes, your colleague decides to note the protected class characteristic of the applicants on their applications. What would be your advice to her?

It's NOT a good idea. Noting the protected class characteristic of the applicant on the application could be construed as discriminatory.

Sam and Sarah, husband and wife, both worked for an aluminum siding firm, doing similar work in production. Their co-worker, Ahmed, who was a Muslim, was systematically harassed by their supervisor, who called him a terrorist, denied him the right to pray, and generally made his life at work very difficult. Sarah spoke up on his behalf, and the supervisor demoted Sam, her husband. Which of the following statements is most correct?​

Sam has a cause of action against the employer for retaliation

Which of the following provisions, if included in a mandatory arbitration agreement, would be likely to render it unenforceable?

a provision that gives the employer the right to choose any arbitrator

Which of the following interview topics would NOT be considered inquiries regarding an applicant's medical condition?

The question, "How are you?"

It can be difficult to determine whether an employment relationship exists.

True

Which of the following would not create potential liability for the employer if asked during an interview?

Why do you want to work for this company?

Sources of employment law include all of the following EXCEPT:

ads for job openings

Which of the following kinds of advertising is legally prohibited?

advertising a job opening for Swedish people only

A worker who chooses her own hours, supplies her own tools and equipment, and works at the employer's site is most likely:

an independent contractor

A worker who is not an employee is most likely:

an independent contractor

After three weeks in your new position as Assistant Human Resources Director, the HR Director has asked you to take a candidate all the way through the process, from application to interview, to background check. The firm has an opening for an electrical engineer who is proficient with construction blueprints. The engineer will be helping to build the company's new warehouse, which is about to begin construction. Which of the following steps would be necessary to take during the background check?

check to see that the applicant has a degree in electrical engineering

Sources of Employment Law

constitutions, statutes, executive order, regulations, and common law

Which of the following is generally true regarding the process of enforcing employment laws?

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

It's easy to determine whether a worker is an employee.

false

Punitive damages are not available in employment discrimination cases.

false

Under the "payroll method" approved by the U.S. Supreme Court:

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.

Which of the following statements regarding managers is most correct?

employers are liable for the actions of managers taken within the scope of their employment

The primary lesson to be learned from the lawsuit brought by Microsoft's temporary workers in the 1990s is that:

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

Which of the following is true regarding criminal background checks?

employers should consider the seriousness, recency, and job-relatedness of convictions before denying employment on that basis

Under U.S. employment laws, employees have the right to:

expect their employers to comply with employment laws

A claim for retaliation can be brought only by the person who was retaliated against.

false

A firm cannot be charged with discrimination if it uses an employment agency that screens applicants for it to eliminate any minority candidates.

false

An employer has the right to check references and generally delve into the background of job applicants, and the applicants have no expectation of privacy if they apply for a job.

false

As its name implies, the Fair Credit Reporting Act applies only to reports regarding creditworthiness.

false

Checking whether a job applicant has ever been arrested is never discriminatory.

false

Employment laws are passed only by state and federal governments, not by cities or counties.

false

In a disparate impact case, the focus is on the employer's intention.

false

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. Fed Ex 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:

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

Which of these actions by an employer would most likely result in a claim for defamation?

giving all information about the reasons for dismissal, with which the employee disagrees

Regarding arbitration, which of the following statements is true?

historically, arbitration has been used to enforce employee rights under collective bargaining agreements of unionized employees

Which of the following practices would be discriminatory?

if an applicant seems an unlikely candidate, discouraging him from applying for the job

Under the economic realities test:

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 a true statement regarding employer compliance with the Immigration Reform and Control Act?

if they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee

Which of the following is a neutral requirement that is likely to result in adverse impact?

language requirement and physical strength test

Negligent hiring:

makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment

It is a violation of anti-discrimination laws to place a want ad indicating a preference based on:

national origin

Under the Fair Credit Reporting Act, employers must do which of the following?

notify an applicant that the employer plans to reject her based on information from a credit report

If a worker is an employee, the employer must:

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

Your new boss has asked you to advertise for a job opening at the firm, but said he did not want to hire any "foreigners," by which he means, anyone who is not 100% a Caucasian, and a male. He also insists that you fill the position within one week. You know, from personal experience, that when you advertise this job for only a week, only white male applicants will apply, as it takes time for word of the opening to be widely dispersed. Given your legal and ethical obligations in this situation (and wanting to keep your job), the best course of action for you to take would be:

place the ad, but also review your saved resumes for this position from previous applicants, knowing that they are a diverse group; start calling them in for interviews immediately, and hopefully, hire someone within a week

Which of the following practices would be discriminatory?

placing an ad asking for "a recent college grad"

For a disparate treatment case involving pretext, which is the correct order of proof?

plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent

Arbitration agreements which are offered on a take-it-or-leave-it basis are:

procedurally unconscionable

Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case?

proof that the employer's stated reason for its action is false or incredible

As the Human Resources manager of your firm, the task of putting into effect the firm's new mandatory arbitration agreement has fallen to you. At a minimum, legally, which of the following actions are required to make the policy enforceable?

provide employees with a copy of the agreement, and ask them to sign it

If a worker is an employee, the employer must:

provide unemployment insurance for the employee

Which of the following is a protected class characteristic?

religion

The Immigration Reform and Control Act:

requires that employers not discriminate based on national origin and citizenship

Which of the following is a type of disparate treatment?

retaliation

Regarding employees, actions within the scope of employment do NOT include those which:

serve only the interests of the employer

Which of the following inclusions in a want ad would be least likely to be considered discriminatory:

servers/waitstaff wanted

You've now been on the job for a few months in your role as Assistant Human Resources Director, and have acquired some experience in interviewing and background checks. While doing a background check on a candidate for a secretarial position, you discover that the candidate was arrested several years ago while in college, and accused of damaging university property. What should you do?

talk to the candidate to find out what the report is all about

Nepotism and word of mouth hiring:

tend to produce discriminatory effects, depending on how racially homogeneous an employer's existing workforce is

Protected activity in a retaliation claim under Title VII includes:

testifying in court about another employee's discrimination claim

Which of the following must be shown in order to establish a prima facie case of retaliation?

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:

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

Which of the following is a defense to a defamation claim against an employer?

the employee gave his consent to make the statement

A company hired a file clerk, but did not inquire into his criminal history. In fact, he has had several convictions for driving while intoxicated. On a lunch break, he got drunk and assaulted a waitress at a nearby restaurant. If the waitress sues the employer, a court would most likely decide that:

the employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job

In disparate treatment cases:

the focus is on proving the employer's discriminatory intent

In disparate impact cases:

the focus is on showing the discriminatory effects of the employer's actions

A firm had been sued and found guilty of religious discrimination against people who practiced Judaism, and managers were instructed to be very careful to avoid another similar suit. To that end, Jewish employees, but not others, were given raises. Of the following, what is the most correct assessment of this policy?

the policy is neither legally nor ethically sound

For purposes of determining discrimination in recruitment, the "relevant labor market" is defined as:

the protected class composition of people qualified for the job, and living geographically close enough to be likely candidates

If Pedro works for the City of Trenton, he is in:

the public sector

A "limitations" period is:

the time within which a plaintiff must file a claim or lawsuit

Which of the following is true regarding want ads and job announcements?

the wording of job announcements and ads must be neutral

In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:

there is an alternative practice that would have less discriminatory effects, but the employer declines to use it

Which of the following is an accurate statement regarding independent contractor agreements?

they can support a claim to independent contractor status, but the actual relationship is the most important factor

Persons performing volunteer work are more likely to be deemed employees if:

they receive significant remuneration for their services

There are minimum standards for the terms and conditions of employment.

true

There are more firms with 0-4 employees than any other size firms.

true

"Contingent" work:

usually contingent upon an immediate need for particular services

In order to avoid liability for negligent hiring, the primary question an employer must consider is:

whether placing an unfit person in the particular job could be expected to result in harm

When determining which employment laws apply to a certain employer, which of the following factors does NOT apply?

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

In considering whether an employment termination was legal, the court considers:

whether the termination was legally permissible

A company has one office with nine employees and a second office with 12 employees. If an employee who works in the first office is harassed and attempts to sue under Title VII, which of the following questions becomes a relevant issue:

whether this is a single, integrated enterprise

Dean got a job as a copy writer for a publishing firm, and after working for the firm for two years, was told he was required to sign a mandatory arbitration agreement and agree to submit any employment disputes to binding arbitration. Dean was also told that if he would not sign it as is, he would be fired. Dean:

will have to sign the agreement if he wants to keep his job

Mike is the chair of the management department at a local university and Tom is an ethics professor in that department. They dislike each other immensely due to a number of professional and social disagreements. Mike calls Tom into his office and closes the door. He then informs Tom that he believes that Tom is guilty of plagiarism and also guilty of an improper sexual relationship with Kathy, a 19 year old management student. In fact, Tom is a happily married man who is extremely well respected in the community and has never committed adultery. Deeply believing in ethics, he has never committed plagiarism in his life. Furthermore, he has always been absolutely professional with regard to his student Kathy. Tom vehemently denies these charges and as he gets up to leave, Mike states, "Give me any more trouble and I go public." Tom goes right to his attorney who files a defamation law suit that afternoon.​

​Mike will win because the statements were not published

A salesman was to attend a meeting in a nearby city, but as he traveled there in his car, traffic was light, and he arrived about an hour early. Deciding not to waste the time, he went to a nearby shopping center to search for a birthday gift for his son. He found a tablet that he knew the boy would like, and headed out to drive to the building where the meeting was to be held. As he backed out of the parking space, however, he hit another car, damaging the car and injuring the driver. Under the doctrine of respondeat superior, is his employer liable for the accident? Why or why not? ​

​No, the employer is not liable for the accident because the salesman was on an errand of his own at the shopping center

Regarding independent contractor (IC) agreements, which of the following statements is NOT true? ​

​There is no point in using an independent contractor agreement.

The Fair Credit Reporting Act refers to which two kinds of reports?​

​a consumer credit report, which reports credit information and general character information, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like

Which of the following statements is NOT true?​ (a) ​anti-discrimination laws do not apply to employment agencies ​(b) an employer should preserve evidence, especially if it suspects a claim will be filed against it ​(c) employers should advertise written job announcements to the public ​(d) word of mouth advertising is potentially discriminatory

​anti-discrimination laws do not apply to employment agencies

You started your own business 2 years ago, and needed several part-time workers, but did not want and could not afford to pay them a minimum wage, or payroll taxes, so you classified them as independent contractors. At the time, a decent argument could be made that they were independent contractors, as there had been no rulings on your particular arrangement. Recently, for a business very similar to yours, the Department of Labor ruled that the workers of the business were employees, and not independent contractors. What should you do?​

​begin to treat them as employees, including paying a minimum wage, and withholding income taxes

Regarding cases alleging disparate treatment and pretext, it is correct to say: ​

​evidence in a pretext case can be either direct or circumstantial

In NAACP v. North Hudson Regional Fire & Rescue, the NAACP sued the North Hudson fire department for disparate impact discrimination because the fire department required that potential firefighters live in North Hudson. In North Hudson, only 3% of the population was African-American, while in the Tri-county area, 37.4% of protective services workers were African-American. North Hudson claimed that residency was a business necessity. The court ruled:​

​for the NAACP, because there were less discriminatory means of achieving the fire department's goals

​Three employees working for the same company were found to have stolen company cargo. Two of the employees were white, and one was black. The two white employees were fired, but not the black employee. If the white employees sue, the court will most likely decide:

​for the employee, because the employer treated him differently based on his race

​Of the elements necessary to prove a case of disparate treatment involving pretext, which of the following is NOT required?

​plaintiff was as qualified for the employment opportunity as the person hired

​Regarding the interrelationship of federal and state employment laws:

​states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws

A project manager applied for a job, and listed his previous employer as a reference. When the prospective employer called, the man who gave a reference for the project manager falsely implied that the project manager was incompetent, even though he had never worked with or supervised the employee, nor checked any employment records. The project manager did not get the new job. If the project manager sues his former employer for defamation, the court will likely rule that: ​

​the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made

Which of the following is true regarding fraud claims?​

​the false statement was made intentionally or with reckless disregard for the truth

In Harrison v. Benchmark Electronics, a temporary employee was asked by his supervisor to apply for the job as a permanent worker. He did so, and took a pre-employment drug test, which was positive. The Medical Review Officer, upon learning that the applicant had epilepsy, and his drugs were legally prescribed, cleared him to be hired, but his supervisor, who sat in on the Medical Review meeting, fired him. The court ruled that:​

​the firm had a legal right to ask questions about the drug use, but not to inquire about disability pre-employment