Business Law Test #2

Employers may consider arrest records because that is not evidence of wrongdoing.

False

Race may be a bona fide occupational qualification (BFOQ) when the employee will be working with children of a different race.

False

Wrongful discharge in essence, is the public policy rule that prohibits an employer from firing a worker for reasons which would violate fundamental social rights, duties, or responsibilities.

True

Spam, officially known as unsolicited commercial email or unsolicited bulk email,

b. accounts for about 55 percent of all email traffic.

Heather applied for a promotion, but her manager promoted a coworker because the manager knew Heather was seven months pregnant. The manager did not want to promote someone who would probably be taking time off of work for childbirth and childcare. The manager has acted legally and reasonably to protect her company's interests.

False

If employees wish to organize a union, the employer is prohibited from distributing written notices to employees stating it is opposed to union activity within the company.

False

In order to be considered sexual harassment, the questionable behavior must be directed at a coworker of the opposite gender.

False

The following are all characteristics of Fair Workweek Laws except:

a. Allows retaliation against workers who ask for changes in their work schedule.

What is it called when union organizers talk with employees and try to persuade them to form a union?

a. Campaign

Emily, an 11-year-old girl, wants to sign-up for a fashion newsletter and sweepstakes. In order to do so, the website wants to know Emily's name, address, phone number, and email address. Which of the following is correct?

a. Emily must have permission from her parents in order to furnish the information to the website.

Zoe, who works as a retail clerk, wishes to talk with her coworkers about organizing a union. Her employer forbids her from talking with other workers about union activity in the presence of customers and threatens to fire her if she joins the union. Does the employer have a legal right to make this threat to Zoe?

d. No. An employer may limit the time and place of conversation, but may not threaten to fire the employee.

Burns Medicine Shop developed a website where customers could ask the pharmacists questions and could refill prescriptions online. What statute requires Burns to have and disclose a privacy policy to anyone using the website?

d. No statutes presently require websites to have or disclose a privacy policy.

Megan was employed by a large company. Her supervisor told her to falsify government reports. She refused and was fired. She sued for wrongful discharge. Her employer claimed that, since Megan was an at-will employee, she had no legal right to claim the company was liable for damages. Is the employer right?

d. No. Though at-will employees do not have extensive rights relative to job security, they may not be legally fired for refusing to perform an illegal act.

Which of the following statements regarding workplace bullying is accurate?

d. Not a single state has been able to pass anti-bullying legislation.

Quid pro quo sexual harassment cases involve coworkers making offensive jokes or rude comments or displaying pornographic materials, but not sexual offers or requests.

False

Rachel works for the Internal Revenue Service and keeps some personal information on her computer at work. There has been suspicion that Rachel has not been keeping tax return information confidential. The Fourth Amendment to the Constitution, prohibiting unreasonable searches and seizures, protects Rachel from having the government review the personal information she has on her computer.

False

Sit-down strikes, in which members stop working but remain at their job posts, physically blocking replacement workers from taking their places are legal.

False

The Employee Retirement Income Security Act (ERISA) requires employers to establish pension plans for employees.

False

The European Union (EU) does not view privacy as a fundamental right of its citizens, and the EU's policies toward privacy are limited.

False

The federal government has preempted the field of online privacy, so states may not pass their own online privacy statutes.

False

There is a higher percentage of workers in labor unions now than at any other point in history.

False

Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees, making it illegal to discriminate on the basis of race, color, religion, sex, or national origin.

False

Under the Family and Medical Leave Act, an employee can take up to 12 weeks of paid leave each year for certain personal and family illness situations.

False

As a general rule, an employer may not discharge a worker for exercising a legal right if that right supports public policy.

True

Disparate impact applies if the employer has a rule that on its face is not discriminatory, but in practice excludes too many people in a protected group and the rule is not a job-related business necessity.

True

Generally speaking, an employer does not have to give workers a day off on their religious Sabbath if doing so would cause an undue hardship for the employer.

True

In 2018, the European Union (EU) implemented the European General Data Protection Regulation (GDPR).

True

In almost half of all states, Bring Your Gun to Work Laws prohibit companies from banning firearms in their parking lot.

True

In order to be considered sexual harassment, behavior must be so severe that it interferes with an employee's ability to work.

True

In the absence of a specific law to the contrary, employers have the right to fire workers for off-duty conduct.

True

Jorgeson Co., on its website, promised the company would not give a customer's personal information to third parties without the customer's consent, but then gave out such information anyway. This practice violates Section 5 of the FTC Act.

True

Prior to the Industrial Revolution, the primary English law of employment was that, in the absence of a contract, a worker was hired for a year at a time.

True

Retaliation means that an employer has done something that would deter a reasonable worker from complaining about discrimination.

True

The Civil Rights Act of 1866 offers plaintiffs the possibility of higher compensatory and punitive damage awards than plaintiffs who file under the Civil Rights Act of 1964.

True

The EEOC is the federal agency responsible for enforcing Title VII.

True

The Electronic Communications Privacy Act (ECPA) of 1986 is a federal statute that regulates email.

True

The Foreign Intelligence Surveillance Act (FISA) requires government agencies to delete irrelevant and personally identifying data before providing it to other agencies.

True

The National Labor Relations Act guarantees employees the right to join unions.

True

The internet of things gathers, sends, and receives data.

True

The internet was started in the 1960s as a project to link military contractors and universities. The World Wide Web was created as a subnetwork of the internet.

True

The management and union at TriColor have bargained for two years without reaching an agreement. After notifying the union, TriColor prohibits the workers from entering the factory to work. This is a lockout.

True

The tort of public disclosure of private facts prohibits the unjustifiable revelation of truthful, but secret, information.

True

Under the Equal Pay Act of 1963, an employee may not be paid at a lesser rate than employees of the opposite sex for tasks requiring equal skill, effort, and responsibility under similar working conditions.

True

Valley Mart told its employees that they would be fired if they actively supported a unionizing effort. Valley Mart has committed an unfair labor practice.

True

When you shop online, most retailers collect personal information about you.

True

Under the Stored Communications Act, which of the following are considered electronic communication?

voice mail, email, and social media (D - ALL)

At its inception, the Communications Decency Act of 1996 created broad immunity for internet service providers (ISPs) and websites.

True

Under the Electronic Communications Privacy Act (ECPA), any intended recipient has the right to disclose the content of an email.

True

Spam is illegal per se.

False

Some courts have held that employee handbooks create binding contract terms.

True

After Jan's boyfriend broke up with her, she posted sexually explicit pictures of him on her Facebook page and wrote about how he was a terrible boyfriend. Jan's actions are protected by the First Amendment to the Constitution.

False

Alice works for a large advertising agency where she is hoping to be promoted to a management position. Alice's mother and two sisters all died of breast cancer at a young age. Alice's employer knows this and will not put Alice in a management position because he fears that she will also develop cancer. This decision is allowed because it is in the best interest of the company.

False

As a general rule, employers have a legal obligation to disclose information about former employees to potential future employers.

False

As part of the hiring process, it is legal for employers to use any personal information potential employees post on social media.

False

Brian is a police officer. He just turned 54 years old and is worried that he will be forced to retire next year when he turns 55. The Age Discrimination in Employment Act will protect him if his employer tries to force him to retire early.

False

Under the Fair Labor Standards Act, which of the following scenarios is legal?

a. 12-year-old Molly works several hours per day on her family's farm picking vegetables

Which statement regarding FIPS is true?

a. FIPS are only recommendations, not law.

Which of the following laws provides support to unemployed workers?

a. FUTA (The Federal Unemployment Tax Act)

Which is the best definition of "employment at will"?

a. In the absence of a specific legal exception, an employee can be fired for any reason.

Which of the following regulates deceptive practices regarding a company's privacy policy?

a. Section 5 of the FTC Act

A union declares it will be engaging in a partial strike whereby its employees will alternate between working for a period of time and then walking off the job for an indefinite time. Thus, employees may work for a few days or only a few hours before walking off the job again. The employer claims the union does not have the legal right to engage in a partial strike. Which statement is correct?

a. The employer is correct. The union must either strike or work, it cannot alternate between working and striking.

Sherry, a 12-year-old, visited a website that wanted to know her family size, her parents' educational level, and her weekly allowance. The site also asked Sherry's name, mailing and email addresses, and age.

a. Under COPPA, the website must disclose how it will use the information it acquires from Sherry.

Data disposal laws require

a. businesses to destroy customer data and maintain reasonable security procedures to guard against theft.

You make an online purchase of a hooded sweatshirt with the logo of the Dallas Cowboys. The next time you log on, your screen has a banner ad for Dallas Cowboy hats and shirts. This banner ad is most likely the result of

a. data mining.

Under the federal legislation known as OSHA,

a. employers must keep records of all workplace injuries.

Employees of Truan went on strike because of unfair labor practices. After the strike, the striking workers are

a. entitled to get their jobs back.

Which of the following are remedies available to a successful plaintiff under Title VII?

a. hiring, reinstatement, and back pay b. hiring, reinstatement, and back pay c. compensatory and punitive damages (All Are Correct) - D

Orson was fired from his job behind the ticket counter at the airport. He was loudly told to put his personal belongings into a plastic bag and was led out by security guards in front of his coworkers and customers. His supervisor told him not to return. Orson's employer faces potential liability for

a. intentional infliction of emotional distress.

In some states, an employer can discipline or fire employees for

a. smoking cigarettes, even in the privacy of their own home. b. posting an unflattering comment about the employer on social media. c. dating coworkers, even if the relationship is consensual. (All of these are correct)

Jessica was a former employee of Mark. When potential employers called Mark for a reference about Jessica, he stated she was not a very good worker and had been fired for excessive absences. He said he had reason to believe Jessica was on drugs, but he wasn't absolutely certain. Jessica learned what Mark was saying and sued him. In most states

a. under the qualified privilege rule, it was legal for Mark to say what he said if it was true and Mark was not motivated by ill will.

Under the Electronic Communications Privacy Act,

a. violators are subject to both criminal and civil penalties.

Which of the following workers is entitled to unpaid leave under the Family and Medical Leave Act?

b. Marianne, who has worked full time for five years with Microsoft.

The case of Chaney v. Fayette County Public School District held that

a. when someone shares a photo with friends online, they cannot justifiably expect that the photo will be kept private.

The law that protects the privacy of medical records is called the

b. Health Insurance Portability and Accountability Act (HIPAA).

Under what circumstances is intrusion into someone's private life a tort?

b. if a reasonable person would find it offensive

Maxine lost her job as an electrical engineer with a large company that had provided health insurance benefits for Maxine and her family. She now

b. is protected under COBRA, which allows her continued health insurance coverage for 18 months as long as she pays the cost.

The Electronic Communications Privacy Act includes

b. the Wiretap Act and the Stored Communications Act.

When may an employer require an employee to submit to a lie detector test?

b. when the test is part of an ongoing investigation into crimes that have occurred

The Children's Online Privacy Protection Act (COPPA) prohibits internet operators from collecting information from children under what age without parental permission?

c. 13

Which of the following protects email messages from unauthorized interception?

c. ECPA

Which of the following is a true statement regarding the EU General Data Protection Regulation?

c. It allows people to stop companies from processing their personal data.

Musical Productions has a privacy policy posted on its website, but it does not follow the provisions contained within it. Musical Productions is in violation of

c. Section 5 of the Federal Trade Commission Act.

A website printed some truthful, but secret, information about Danielle. Which of the following would likely result in a court ruling that Danielle had NOT stated a claim under the public disclosure tort?

c. The website printed that Danielle had participated in a robbery in 2010.

Employees of Mega Corp. have gone out on strike seeking better pay. Mega Corp. announces that if the union does not end the strike, it will begin hiring replacement workers. Which statement is correct?

d. Mega Corp can hire replacement workers at any time during a strike.

Ron and several fellow workers of Vicy, Inc., a small manufacturing company, wished to organize a union. When Vicy learned of this activity, it issued a bulletin to all workers stating that a union would only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct concerning the bulletin issued by Vicy?

c. Vicy has not committed an unfair labor practice. An employer may vigorously present anti-union views to its employees.

What is a whistleblower?

c. an employee who discloses illegal behavior on the part of his or her employer

What is user-generated content?

c. anything created and made publicly available by end users

Mark was refused employment at a Christian bookstore because he was not a "born-again Christian." If Mark brings a Title VII action against the bookstore, the bookstore's best defense would be

c. being a "born-again Christian" is a bona fide occupational qualification.

Which of the following is NOT a core principle of the Fair Information Practices (FIPS)?

c. privacy/refusal

Which of the following statutes requires that commercial email not have deceptive headings and clearly indicate if the email is an advertisement?

d. CAN-SPAM

Jim was a mechanic. One day when he attempted to weld a car's gasoline tank, it exploded and he was hurt. He filed to collect workers' compensation. His employer resisted on grounds that Jim had been negligent and had also violated the express regulations of the company when he attempted to weld a gasoline tank. Which statement is correct?

d. Jim can recover even if he was negligent and violated the employer's rules.

A union declares its workers are going on strike. The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause. The union claims the CBA's no-strike provision is not binding since new union leadership is in place. Which of the following statements is correct?

d. The union cannot strike because of the no-strike clause in the contract.

Which of the following statements regarding the Foreign Intelligence Surveillance Act (FISA) is true?

d. To spy on people located in the United States who are communicating abroad, the government must obtain permission from a secret Foreign Intelligence Surveillance Court.

An employer would be expected to make reasonable accommodations for a disabled worker, such as

d. allowing a part-time schedule.

Secondary boycotts

d. are generally illegal.

Mega Corp. hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits. After the strike is over, Mega Corp.

d. does not have to give the striking employees their jobs back since this was an economic strike.

The FTC regulates truth in advertising and endorsements. Its rules apply

d. equally to bloggers, YouTubers, online reviewers, and others on social media.

Under the Americans with Disabilities Act, a person with a disabling illness

d. is considered disabled, even if the illness is under control.

A company's collective bargaining agreement has expired and negotiations are underway for a new one. After one exhausting session, union leaders have decided management will not bargain in good faith. The union declares it will be going out on strike the following midnight if an agreement is not reached. The union

d. must give the employer at least 60 days' notice before going out on strike.

What are some ways we lose our privacy in the digital world?

through data breaches, through surveillance, and via the internet of things (D - ALL)