Chapter 2

Which of the following terms describes when an employee is given no reasonable alternative but to end the employment relationship? Beneficial discharge Constructive discharge Aggravated discharge At-will discharge

Constructive discharge

The U.S. Supreme Court set forth the disparate impact theory in _____ in 1971. Green v. Ralee Engineering Co. Griggs v. Duke Power Co. Gardner v. Loomis Armored, Inc. Watson v. Fort Worth Bank

Griggs v. Duke Power Co.

Title VII of the Civil Rights Act of 1964 imposes on an employer a duty to attempt to accommodate religious conflicts in the workplace even if they cause the employer an undue hardship.

False

Under employment laws, employers are legally allowed to retaliate against employees for filing workplace discrimination claims against them.

False

Which of the following types of employees is included in the at-will employment category? Employees under a collective bargaining agreement Employees who have individual contracts with their employers Government employees Full-time employees of private companies

Full-time employees of private companies

Which of the following describes an employment relationship where there is no contractual obligation to remain in the relationship? Undefined employment At-will employment Equal opportunity employment Laissez-fair employment

At-will employment

Which of the following may an employee produce to claim a tort action for defamation against his or her employer? Proof that the employer communicated a false and defamatory statement about the employee directly to the employee Proof that the employer gained benefits by communicating false statements about the employee Proof that any information communicated by the employer was detrimental to the employee Proof that the employer made a false and defamatory statement about the employee without the employee's consent

Proof that the employer made a false and defamatory statement about the employee without the employee's consent

Which of the following is a legal concept that is intended to ensure that no individual does anything that would be injurious to the public or against the public good? Public policy Common law Ancillary legality Policing authority

Public policy

In the context of employment discrimination remedies, seniority that dates back to the time a claimant was treated illegally is known as which of the following? Indisputable seniority Innate seniority Retroactive seniority Qualified seniority

Retroactive seniority

U.S. Supreme Court decisions set precedent for all courts in the country.

True

Identify a true statement about retaliation claims filed against an employer. - They can be filed by an employee who filed a discrimination claim and by others against whom the employer allegedly retaliated because of the claim. - They can be filed only by an employee who filed a discrimination claim, not by others against whom the employer allegedly retaliated because of the claim. - They cannot be filed for actions taken by the employer to negatively impact a former employee. - They cannot be filed for the adverse action taken by the employer while an employee was employed.

- They can be filed by an employee who filed a discrimination claim and by others against whom the employer allegedly retaliated because of the claim.

The Worker Adjustment and Retraining Notification (WARN) Act requires that employers with over 100 employees must give 60 days' advance notice of a plant closing or mass layoff to affected employees if it would result in employment loss for 50 or more workers during a period of _____. 10 months one year 30 days six months

30 days

The Worker Adjustment and Retraining Notification (WARN) Act requires that employers with over 100 employees must give 60 days' advance notice of a plant closing or mass layoff to affected employees if it would result in employment loss for _____ workers during a 30-day period. 35 50 or more 10 or more 25

50 or more

It is required by the _____ Act that employers attempt to accommodate workplace conflicts based on disabilities. Lilly Ledbetter Fair Pay Americans with Disabilities Individuals with Disabilities Education Civil Rights

Americans with Disabilities

Which of the following statements about tort liability is correct? An employer is liable for tort claims for terminating an employee for having a relationship with a competitor's employee. An employee's damages for work-related injuries is recovered by tort claims without limitations by workers' compensation laws. An employer is protected from tort liability because of claims of injuries based solely on emotional distress. An employer need not protect himself or herself from this claim by terminating employees respectfully.

An employer is liable for tort claims for terminating an employee for having a relationship with a competitor's employee.

Match the employment discrimination remedies (in the left column) with their descriptions (in the right column). Back pay Front pay

Back pay: Money awarded for time an employee was not working because of illegal discrimination Front pay: Money awarded to a claimant when reinstatement is not possible or feasible

Which of the following is a correct statement about the rules of precedent in the American legal system? Precedent set by circuit courts of the same jurisdiction supersedes the precedent set by the U.S. Supreme Court on a similar case. Circuit courts may choose to follow a precedent set by courts from other jurisdictions on similar cases, but they are not mandated to do so. Precedent set by a trial court must be followed by trial courts in other jurisdictions. Trial court decisions in the absence of a jury do not set precedent in that jurisdiction.

Circuit courts may choose to follow a precedent set by courts from other jurisdictions on similar cases, but they are not mandated to do so.

Which of the following terms applies when an employer treats similarly situated employees differently because of prohibited Title VII of the Civil Rights Act of 1964 or other employment discrimination law? Bona fide impact Bona fide treatment Disparate impact Disparate treatment

Disparate treatment

The statutory schemes set out for employment discrimination claims require that claimants first pursue their grievances within the agency called the _____. Commission on Economy and Efficiency Equal Employment Opportunity Commission (EEOC) Commission on Risk Assessment and Risk Management Human Rights Commission (HRC)

Equal Employment Opportunity Commission (EEOC)

Which of the following is a correct statement about a prima facie case in a court of law? If the plaintiff fails to produce evidence to establish the prima facie case, then the defendant's motion to dismiss will be held. If the court grants the defendant's motion to dismiss, it cannot allow the plaintiff to refile the claim. The prima facie case can only be established without meeting the requirements of the cause of action. The claim may advance to the next step in the proceedings without establishing the prima facie case.

If the plaintiff fails to produce evidence to establish the prima facie case, then the defendant's motion to dismiss will be held.

In the context of employment, which of the following is correct regarding constructive discharge? It exists when the employee sees no alternative to quitting her or his job. It implies that the actions of the employer did not force the employee to leave. It implies that the employee was wrongfully discharged by the employer. It increases the chances of an employer being sued for wrongful termination.

It exists when the employee sees no alternative to quitting her or his job.

Identify a true statement about disparate treatment. It is considered intentional discrimination. It is also known as constructive discharge. It occurs when an employee is given no reasonable alternative but to end the employment relationship. It occurs only when an employer gives an employee the reason for discrimination.

It is considered intentional discrimination.

Which of the following is a person who appeals a legal case to the U.S. Supreme Court? Appellee Petitioner Plaintiff Defendant

Petitioner

Which of the following statements identifies a scenario that is considered a violation of public policy? The termination of an employee of a news station for refusing to work overtime The demotion of an employee for refusing to violate a criminal statute on behalf of the employer The termination of an employee of a computer firm without giving the employee prior notice. The termination of an at-will employee for meeting family obligations

The demotion of an employee for refusing to violate a criminal statute on behalf of the employer

Match the terms for the parties involved in a legal case (in the left column) with their descriptions (in the right column). The plaintiff The defendant The appellant The appellee

The plaintiff: The one suing The defendant: The one being sued The appellant: The one who brings an appeal The appellee: The one against whom an appeal is brought

The right to file a case on the basis of a violation of an individual's legal rights is known as a _____. cause of action prima facie case stare decisis covenant of good faith and fair dealing

cause of action

Taking an employment discrimination claim through the Equal Employment Opportunity Commission (EEOC) administrative procedure prior to seeking judicial review of an agency review is called _____. vigilant information processing exhaustion of administrative remedies a motion to dismiss a motion for summary judgment

exhaustion of administrative remedies

In the context of disparate impact, a workplace policy that appears to apply equally to all appropriate employees is known as a _____ policy. facially neutral prima facie balanced indiscriminate

facially neutral