Business Law - Chapter 24 LearnSmart

Which of the following is a correct statement regarding a seniority system and Title VII of the Civil Rights Act?

A bona fide seniority system is a legal defense under Title VII.

Which of the following includes "Labor's Bill of Rights," which is purportedly designed to protect labor from their own unions?

the Landrum-Griffin Act

Which of the following is NOT an actual federal anti-discrimination law?

the Sexual Orientation Anti-discrimination Act of 2007

Which of the following is an example of a major federal legislation regarding labor-management relations in the United States?

the Wagner Act

Which was the first major piece of federal legislation adopted explicitly to encourage the formation of labor unions and provide for collective bargaining between employers and unions as a means of obtaining the peaceful settlement of labor disputes?

the Wagner Act

In terms of the burden of proof in a disparate-impact discrimination case, which party must articulate why a policy or practice is a business necessity?

the defendant-employer

Which of the following is not required in order to establish a bona fide seniority system?

the system is based on a BFOQ

What is the maximum fine for violation of the Omnibus Crime Control and Safe Streets Act of 1968?

$10,000

Title VII charges must be filed with the EEOC within _____ of the alleged discriminatory act

180 days

During which decade was the Federal Unemployment Tax Act passed?

1930s

During which decade was Title VII of the Civil Rights Act originally enacted?

1960s

During which decade was the Age Discrimination in Employment Act enacted?

1960s

In what year was the Occupational Safety and Health Act passed?

1970

During which decade was Title VII of the Civil Rights Act amended by the Pregnancy Discrimination Act?

1980s

During which decade was the Electronic Communications Privacy Act passed?

1980s

The Family and Medical Leave Act covers all public employers and private employers with _____ or more employees.

50

Which statement is accurate regarding employment testing and Title VII of the Civil Rights Act?

Although employment testing may adversely affect a class, it does not violate Title VII if it is manifestly related to job performance

Which of the following is a correct statement regarding at-will employment?

An employer may not terminate an at-will employee for an illegal reason

The ____ defense allows an employer to discriminate when doing so is necessary for the performance of a job

BFOQ

Which of the following is a defense to a claim under Title VII of the Civil Rights Act?

BFOQ

The federal _____ defines marriage to be between one man and one woman.

Defense of Marriage (DOMA)

Cesar was hired to work at an automobile parts factory, Detroit Auto Parts. His job involved handling auto parts and welding metals together. One day during work, Cesar suffered from extreme burns on his upper right torso. Cesar sued Detroit Auto Parts for failing to exercise reasonable care in providing a safe environment in the workplace. In seeking to determine who was liable, the presiding court had to determine whether Cesar was an independent contractor or an employee of Detroit Auto Parts. Detroit Auto Parts argued that Cesar was an independent contractor, and thus, their company was not liable. The court agreed, ruling in favor of Detroit Auto Parts. But what if the facts of the case were different? Select each set of facts below that could change the outcome of the case.

Detroit Auto Parts supplied Cesar with tools to do his required job, and paid Cesar on a regular time schedule. Cesar had worked for Detroit Auto Parts for fifteen years. Detroit Auto Part substantially controlled Cesar's day-to-day tasks.

_____ is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in such plans

ERISA

Which of the following is an accurate statement regarding employer liability for the sexual harassment of employees by non-employees?

Employers are liable for sexual harassment of employees by non-employees only under very limited circumstances

The _____ defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature."

Equal Employment Opportunity Commission (EEOC)

The _____ requires a minimum wage of a specified amount to be paid to all employees in covered industries.

Fair Labor Standards Act (FLSA)

Which of the following is an accurate statement regarding whether an employer can discriminate against an employee who smokes?

Many states have passed laws preventing companies from terminating workers who will not or are unable to quit smoking.

The ____ is the administrative agency that interprets and enforces the National Labor Relations Act

NLRB

Which of the following is an accurate statement regarding discrimination based on sexual orientation?

No federal legislation currently prohibits discrimination based on sexual orientation

The ____ Act is also known as the Labor-Management Relations Act

Taft-Harley

Which of the following is NOT an accurate statement regarding the collective bargaining process?

The NLRB can order labor and management to reach an agreement

Under which of the following situations does the employer not have to offer COBRA coverage to an employee who has lost his or her job?

The employee is fired for gross misconduct

Which of the following is an accurate statement regarding same-sex sexual harassment?

The United States Supreme Courts has concluded that same-sex sexual harassment is actionable under Title VII of the Civil Rights Act of 1964

Which of the following is NOT part of the process for proving disparate-treatment discrimination in employment under Title VII of the Civil Rights Act of 1964?

The defendant-employer must prove, beyond reasonable doubt, that the defendant's actions did not proximately caused.

Which of the following is required for the plaintiff to bring a successful claim under the Americans with Disabilities Act?

The plaintiff suffered an adverse employment decision because of his or her disability.

Which of the following is an incorrect statement regarding unemployment compensation?

Under FUTA, employers pay taxes to the federal government, which deposits money into each state's unemployment insurance fund.

Which of the following is NOT a recognized defense to liability under the Equal Pay Act?

a gender classification system

Workers' compensation uses a(n) ____ procedure rather than a(n) ____ procedure.

administrative; court

Today in the United States, any employee who is not employed under a contract for a set duration or under a collective bargaining agreement is a(n) _____ employee.

at-will

Which of the following is NOT a recognized type of employment test validation according to the Uniform Guidelines on Employee Selection Procedures and the American Psychological Association?

character validity

The process whereby workers organize and bargain with employers regarding the workplace is known as ______.

collective bargaining

This category of employees is not excluded from the overtime pay provisions of the Fair Labor Standards Act.

construction workers

Which remedy is not available in a Title VII action?

corporate equity

Which remedy is not available to the employee-plaintiff for an employer's violation of the Americans with Disabilities Act?

corporate equity

Which of the following can constitute a hostile work environment in violation of Title VII of the Civil Rights Act of 1964?

discrimination based on religion

Which of the following is a way to prove discrimination under Title VII of the Civil Rights Act of 1964?

disparate treatment

Basic employer privacy policies should cover all but which of the following issues?

employee mandatory waiver of right to privacy pertaining to medical records.

Which of the following is not a valid defense to claim under Title VII of the Civil Rights Act?

employment-at-will

Disparate- _____ cases arise when a plaintiff attempts to establish that although an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class.

impact

Disparate treatment is _____ discrimination.

intentional

Which of the following is a form of sexual harassment?

quid pro quo sexual harassment

The ADA requires employers to make a ____ accommodation to the known disability of an otherwise qualified person unless the accommodation would pose a(n) ____ on the employer's business.

reasonable; undue hardship

The merit defense to a Title VII claim is usually raised when hiring or promotion decisions are partially based on _____.

test scores

Disparate-impact cases are also referred to as ____ discrimination cases.

unintentional