Employment and Labor Law Exam 1

The contract referred to in the preceding question is: a. procedurally unconscionable b. substantively unconscionable

A

Even though an applicant is qualified, an interviewer can defeat a claim of disparate treatment if he declines to hire based on his subjective judgment. (T/F)

False

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: a. will have to sign the agreement if he wants to keep his job b. does not have to sign the agreement, and can still keep his job

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

Persons performing volunteer work are more likely to be deemed employees if: a. their services are provided to non-profit agencies b. they receive significant remuneration for their services c. they retain control over their volunteer work schedule d. a volunteer is never an employee, given the meaning of the term "volunteer"

b. they receive significant remuneration for their services

Of the following, the most effective way for an employer to respond to an employee's claim of retaliation would be: a. to show that the employee is lying b. to show that the employee was not retaliated against, but rather disciplined for poor performance or the like c. to show that the employee should never have been hired in the first place.

b. to show that the employee was not retaliated against, but rather disciplined for poor performance or the like

In order to avoid liability for negligent hiring, the primary question an employer must consider is: a. whether the employer's own written hiring policies are adequate b. whether placing an unfit person in the particular job could be expected to result in harm c. whether there is evidence of a candidate's unfitness that could be found through a thorough personal interview with the applicant d. whether the employer complied with its own written hiring policies

b. 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? a. the number of employees that work for the company b. whether the employer sells goods or services to the state government where it is located c. the state(s) in which the employer operates d. whether the employer sells goods or services to the federal government

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

Which of the following statements is NOT true as to discrimination against caregivers? a. sex stereotyping is a common form of discrimination against caregivers b. the EEOC has highlighted the issue of discrimination against caregivers c. "caregiver" is a new protected class under EEOC guidelines d. disparate treatment is the most common form of discrimination against caregivers

c. "caregiver" is a new protected class under EEOC guidelines

Regarding subjective criteria, which of the following statements is NOT true? a. Subjective criteria often operate on "gut" instinct. b. Subjective criteria may be responsible for discriminatory decisions c. An assessment of motivation is not a subjective criterion. d. An assessment of "soft skills" is likely subjective

c. An assessment of motivation is not a subjective criterion.

Which of the following is true regarding fraud claims? a. they can be completely avoided by not saying anything b. they differ from breach of contract claims primarily in the degree of harm suffered by the plaintiff c. the false statement was made intentionally or with reckless disregard for the truth d. if injury occurs, it doesn't matter whether the false statement was made intentionally or unintentionally

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

Which of the following is FALSE regarding grooming and appearance standards for employees? a. applying different standards to men and women may result in sex-plus discrimination b. standards that are sex-stereotypical in nature are likely to be discriminatory c. dress requirements that result in harassment are likely to be discriminatory d. applying different standards to men and women will result in sex-plus discrimination

d. applying different standards to men and women will result in sex-plus discrimination

Which of the following would NOT be considered a sex-plus policy issue? a. hiring women only after they have gone through menopause b. requiring men, but not women, over 40 years old to have annual physicals c. hiring male newlyweds but not hiring female newlyweds d. asking men and women about childcare arrangements during a pre-employment interview

d. asking men and women about childcare arrangements during a pre-employment interview

Drug testing laws, both state and federal, require that: a. employers use due care in conducting tests and handling samples b. employers refrain from drug testing unless required by law c. employers routinely drug test all employees d. none of these are required by both state and federal laws

d. none of these are required by both state and federal laws

Of the elements necessary to prove a case of disparate treatment involving pretext, which of the following is NOT required? a. plaintiff applied for the employment opportunity b. plaintiff was qualified for the employment opportunity c. plaintiff was not hired for the employment opportunity d. plaintiff was as qualified for the employment opportunity as the person hired

d. plaintiff was as qualified for the employment opportunity as the person hired

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? a. proof that the employer intended to discriminate b. proof that the employer's stated motive is not credible c. statistical evidence of discriminatory effects d. proof that the employer's stated reason for its action is false or incredible

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

Regarding employees, actions within the scope of employment do NOT include those which: a. relate to work the worker was hired to perform b. occur on company time at the usual place of work c. occur during work hours d. serve only the interests of the employer

d. serve only the interests of the employer

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: a. the employer did not defame the former employee because its statements were merely opinions and did not purport to be factual b. the employer did not defame the former employee because the statements, although harsh, were truthful c. the employer defamed the former employee because statements made in references are not subject to qualified privilege d. the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made

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

"Knowledge" as an element of the tort of negligent hiring, means all of these EXCEPT: a. the employer knew the employee was unfit b. the employer should have known the employee was unfit c. the employer would have known the employee was unfit if it had done an appropriate background check d. the employer had no first hand knowledge of unfitness

d. the employer had no first hand knowledge of unfitness

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: a. the employer is liable under respondeat superior for the harmful act of the employee because it occurred during the workday b. the employer is liable for negligent hiring because the employer had an obligation to check his criminal background, it did not do so, and this led to him harming another person c. the employer is not liable for negligent hiring because the employee did not assault the waitress on company property d. 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

d. 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

A BFOQ may be recognized in all of these situations EXCEPT when: a. there is a need for privacy b. there are public health concerns c. to make a performance authentic d. there is a preference for a certain gender

d. there is a preference for a certain gender

Which of the following is an accurate statement regarding independent contractor agreements? a. they will usually be treated as indicators of independent contractor status, provided that they are signed and notarized b. they are useless as indicators of independent contractor status c. they can be renewed automatically and as often as necessary d. they can support a claim to independent contractor status, but the actual relationship is the most important factor

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

"Contingent" work: a. is usually work that may be delegated if the employer is financially capable of paying for the work b. is essentially, full-time, year-round employment with a single employer that is expected to continue indefinitely c. means that there is an expectation of an ongoing, continuing relationship d. usually contingent upon an immediate need for particular services

d. usually contingent upon an immediate need for particular services

In considering whether an employment termination was legal, the court considers: a. whether the termination was fair b. whether the termination was necessary c. whether the termination was wise. d. whether the termination was legally permissible

d. whether the termination was legally permissible

Since the passage of the Civil Rights Act of 1964, employment discrimination has largely disappeared from the workplace. (T/F)

False

The Fourth Amendment to the U.S. Constitution prohibits drug testing, as it is an unreasonable search and seizure. (T/F)

False

The structure of employment has remained relatively stable since the early 1900s. (T/F)

False

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

False

A former employer may be exposed to liability for giving a truthful reference. (T/F)

True

An ad for a job opening that asks for "a recent college grad" is illegal. (T/F)

True

For both public and private employers, affirmative action plans are subject to strict scrutiny. (T/F)

True

In a disparate treatment case, the focus is on the employer's intention. (T/F)

True

It can be difficult to determine whether an employment relationship exists. (T/F)

True

One of the grounds for recognizing BFOQs is privacy. (T/F)

True

There are minimum standards for the terms and conditions of employment. (T/F)

True

There are more firms with 0-4 employees than any other size firms. (T/F)

True

Which of the following is a protected class characteristic? a. Religion b. Height c. intelligence d. management status

a. Religion

You have just concluded an employment interview with an applicant you like, who is qualified for the inside sales job you have been interviewing for, and have made a conditional offer of employment. You tell the applicant that you want her to take a medical exam, and if she passes, she has the job. She is at first obviously happy and seemingly relieved, but then breaks down in tears. She tells you that a medical will show that she is HIV positive. What should you do? a. Tell her not to worry, and that if she otherwise passes the medical exam, she has the job b. Tell her that you're sorry to hear about her affliction, and obviously, you cannot hire her c. Report her to the County Health authorities

a. Tell her not to worry, and that if she otherwise passes the medical exam, she has the job

Regarding independent contractor (IC) agreements, which of the following statements is NOT true? a. There is no point in using an independent contractor agreement. b. A good, well-drafted independent contractor agreement can help avoid liability for the firm hiring the worker. c. Independent contractor agreements can help the parties clarify their employment relationship. d. A well-drafted IC agreement will address many issues that are used by agencies in determining the status of workers.

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

Which of the following is NOT a medical exam? a. a physical fitness test b. an HIV test c. a test to check for the use of alcohol d. a vision test analyzed by an opthamologist or optomoetrist

a. a physical fitness test

A valid background check should NOT include: a. checking an applicant's marital status b. verifying an applicant's military service c. checking an applicant's driving record d. verifying an applicant's degrees and/or licenses

a. checking an applicant's marital status

Which of the following is generally true regarding the process of enforcing employment laws? a. courts and government agencies hear cases only after employees come forward with complaints about violations of the law b. employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer c. once a claim is brought, a company's attorneys deal with it, and managers have little involvement in the case d. employment laws apply only to full time employees

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

Your firm has been repeatedly accused of discrimination, and your boss, knowing that you just graduated from college with a degree in Management, and a certificate in Human Resources Management, has asked you to review the company's practices and procedures with regard to hiring and promotion, and eliminate those that could lead to discrimination. Which of the following practices would NOT be likely lead to discrimination? a. evaluating candidates based upon technical skills (70%) and interviews (30%) b. having the interviewers meet as a group to "coordinate" their interview scores c. weighting the answers to some questions over others d. all of these actions would likely lead to discrimination

a. evaluating candidates based upon technical skills (70%) and interviews (30%)

Content validation studies: a. examine whether behaviors and skills tested closely represent behaviors and skills used on the job b. examine test items to ensure that they measure what they purport to measure and do not include irrelevant or biased questions c. demonstrate a statistical association between test performance and job performance

a. examine whether behaviors and skills tested closely represent behaviors and skills used on the job

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: a. for the NAACP, because there were less discriminatory means of achieving the fire department's goals b. for the NAACP, because the fire department intentionally discriminated based on race c. for the North Hudson Fire Department, because it was reasonable to require firefighters to live in the city so that they were familiar with streets and buildings d. for the North Hudson Fire Department, because the NAACP had not proved a prima facie case of discrimination

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

Regarding arbitration, which of the following statements is true? a. historically, arbitration has been used to enforce employee rights under collective bargaining agreements of unionized employees b. arbitrators' decisions are usually advisory and not considered final c. arbitrators have less control over the outcomes of disputes than do mediators. d. arbitration is always more costly and time-consuming than litigation

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

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: a. whether this is a single, integrated enterprise b. whether these are joint employers c. whether the multi-employer doctrine applies d. whether the joint payroll method applies

a. whether this is a single, integrated enterprise

Punitive damages are not available in employment discrimination cases. (T/F)

False

Employment laws are passed only by state and federal governments, not by cities or counties. (T/F)

False

In a disparate impact case, the focus is on the employer's intention. (T/F)

False

It's easy to determine whether a firm or person is an employer. (T/F)

False

It's easy to determine whether a worker is an employee. (T/F)

False

Content validity is demonstrated when people who are doing the job well pass the test required for those who are applying for the job. (T/F)

False

A "medical examination" is any test that requires a doctor. (T/F)

False

A claim for retaliation can be brought only by the person who was retaliated against. (T/F)

False

A discriminatory test may never be used. (T/F)

False

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

False

A landscaping company stops by the Home Depot store every morning to recruit day laborers, a practice which is entirely legal. (T/F)

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. (T/F)

False

As its name implies, the Fair Credit Reporting Act applies only to reports regarding creditworthiness. (T/F)

False

Because appearance skews so heavily in favor of attractive people, weight and appearance are protected categories in most jurisdictions. (T/F)

False

Checking whether a job applicant has ever been arrested is never discriminatory. (T/F)

False

Trends in jobs and hiring criteria raise new legal questions because: a. increased emphasis on "soft skills" that are assessed subjectively limits employment opportunities for people of color b. increased emphasis on flexible job descriptions and teamwork limits employment opportunities for older workers c. increased emphasis on organization-fit limits employment opportunities for disabled persons d. increased emphasis on hiring those with international experience limit applicant pools

a. increased emphasis on "soft skills" that are assessed subjectively limits employment opportunities for people of color

The main reason employers would rather hire independent contractors than employees is: a. its cheaper, and the worker has fewer rights b. the employer has more control over independent contractors c. the independent contractor has fewer rights under law than an employee d. all of these

a. its cheaper, and the worker has fewer rights

Under the Fair Credit Reporting Act, employers must do which of the following? a. notify an applicant that the employer plans to reject her based on information from a credit report b. obtain the consent of an applicant before conducting any background check c. verify that the information in a credit report reasonably appears to be accurate

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

Employers must show that a scored test is job related and consistent with business necessity: a. only if the test is having discriminatory effects b. any time that a test is used c. only if content validity cannot be established d. only if criterion validity cannot be established

a. only if the test is having discriminatory effects

For a disparate treatment case involving pretext, which is the correct order of proof? a. plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent b. plaintiff's evidence supporting discriminatory intent, defendant's lawful motive, plaintiff's prima facie case c. plaintiff's primary evidence, defendant's primary evidence, plaintiff's rebuttal showing discriminatory motive

a. 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: a. procedurally unconscionable b. rhetorically unconscionable c. substantively unconscionable d. structurally unsound

a. procedurally unconscionable

About half of the states have drug testing laws, some of which: a. prohibit blood testing b. require testing of certain employees, or under certain conditions c. regulate more fully random drug testing d. address post-accident testing

a. prohibit blood testing

Which of the following is a defense to a defamation claim against an employer? a. the employee gave his consent to make the statement b. the statement was made by the director of the Human Resources Department c. the statement was mostly true d. the employee is known to lie

a. the employee gave his consent to make the statement

The machinery in a plant is old and was designed for use by an "average-sized male." Citing safety concerns, the company hires only average-sized males for jobs working in the plant. If a female applicant for a job at the plant is not hired and sues, a court would most likely rule that: a. the employer violated Title VII by facially discriminating based on sex b. the employer violated Title VII by not attempting to accommodate women so that they could work in the plant c. the employer violated Title VII because the selection criterion of size has an adverse impact on women and is not job related and consistent with business necessity d. the employer did not violate Title VII because the employer could establish a BFOQ based on its safety concerns

a. the employer violated Title VII by facially discriminating based on sex

In disparate treatment cases: a. the focus is on proving the employer's discriminatory intent b. the focus is on showing the discriminatory effects of the employer's actions c. the focus is on showing that unfair treatment occurred d. the focus is on showing that the employer holds racist or sexist views

a. the focus is on proving the employer's discriminatory intent

If Pedro works for the City of Trenton, he is in: a. the public sector b. the private sector c. a union workplace d. a non-union workplace

a. the public sector

Determining whether discrimination has occurred during recruitment requires an analysis of: a. the relevant labor market b. the overall labor force c. the national labor force d. the international labor market

a. the relevant labor market

A "limitations" period is: a. the time within which a plaintiff must file a claim or lawsuit b. the time within which a plaintiff must reply to the employer's defense c. an automatic reduction in the amount of damages d. the time while an employee is probationary, and not a regular full time employee

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

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: a. there is an alternative practice that would have less discriminatory effects, but the employer declines to use it b. the employer has engaged in a pattern or practice of discrimination c. the difference in selection rates across protected class groups is statistically significant d. the four-fifth's rule has been violated

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

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? a. It's a good idea. Noting the protected class characteristic of the applicant on the application which make sure that the firm takes extra care not to discriminate against these applicants. b. It's NOT a good idea. Noting the protected class characteristic of the applicant on the application could be construed as discriminatory. c. As long as you do it in pencil, then erase it after you've made your hiring decision, you'll be okay.

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

While doing a background check on a candidate who is superbly qualified for the sales job for which he has applied, you learn that he was dishonorably discharged from the U.S. Army. When you ask him about it, he explains that he was 18 years old at the time, and the death of his father, whom he had only recently met, had a devastating impact on him. He began to drink to excess, often failed to report to his duty station. After his dishonorable discharge, he righted himself, started working, and got counseling. Everyone at your firm who has interviewed him found him to be very personable, and very able, and they're eager for him to start. You've told them about the dishonorable discharge, and it's made no difference to their decision. Should you tell other employees about the dishonorable discharge? a. Yes b. No

b. No

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? a. Yes, the employer is liable for the accident because the salesman was driving to attend a company meeting b. No, the employer is not liable for the accident because the salesman was on an errand of his own at the shopping center

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

Which of the following is a type of disparate treatment? a. adverse impact b. Retaliation c. reverse impact

b. Retaliation

You are in the process of revising your pre-employment tests, as your current test is out of date, and may have discriminatory effects. A new company offering a pre-employment test has given you a sample of their test, which they tell you has had great success in screening to acquire only honest employees. Applicants are to agree or disagree with several statements, including this one: "I believe God wants us to conduct ourselves with honesty in all things, including at work." Which of the following statements is most correct? a. The test will have no discriminatory effect, and will successfully screen for honest employees b. The test may have a discriminatory effect, and should not be used c. You should wait to see how the test performs for other companies, so that you can decide whether or not to adopt it

b. The test may have a discriminatory effect, and should not be used

The Fair Credit Reporting Act refers to which two kinds of reports? a. a consumer credit report, which reports only credit-worthiness, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like b. 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 c. a fair credit report, which guarantees accuracy, and a character reference report, based on personal interviews of neighbors, colleagues, and the like

b. 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 provisions, if included in a mandatory arbitration agreement, would be likely to render it unenforceable? a. a provision that the employee pay 10% of the costs of the arbitrator's services b. a provision that gives the employer the right to choose any arbitrator c. a provision that sets a one year time limit to bring a claim d. a provision that requires the employee to prove his case

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

Which of the following items should NOT be included in a well-drafted independent contractor agreement? a. a requirement that the worker hire his own assistants b. a requirement that the firm provide health insurance for the worker c. a flat fee payment arrangement for the work d. a requirement that workers pay their own expenses

b. a requirement that the firm provide health insurance for the worker

A worker who chooses her own hours, supplies her own tools and equipment, and works at the employer's site is most likely: a. an employee b. an independent contractor c. a partner d. a student

b. an independent contractor

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

b. anti-discrimination laws do not apply to employment agencies

Which of the following is true? Title VII of the Civil Rights Act: a. protects employees against discrimination based on race, sex, national origin, and disability b. applies to employers that have 15 or more employees c. protects employees against discrimination based on sexual orientation d. protects employees against discrimination based on height, weight and physical appearance

b. applies to employers that have 15 or more employees

Sex-linked job titles: a. are always neutral b. are never neutral c. may be neutral, depending on the circumstances

b. are never neutral

A criterion validation study need not: a. be based on a thorough job analysis b. include a representative sample c. demonstrate a statistical association between test performance and job performance d. measure the skills required for the job

d. measure the skills required for the job

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? a. do a thorough criminal background check through all 50 states b. check to see that the applicant has a degree in electrical engineering c. check references at all of the applicant's former places of employment, going back to high school d. check the applicant's GPA on courses for electrical engineering

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

Which of the following is true regarding discrimination? a. the number of discrimination claims filed has decreased over the past decade as employers have paid more attention to promoting diversity in the workplace b. discrimination has become more subtle and difficult to eliminate in recent years c. the main challenge in confronting discrimination is to get women and persons of color into workplaces; they can take it from there d. discrimination occurs anytime that persons are treated unequally or unfairly in the workplace

b. discrimination has become more subtle and difficult to eliminate in recent years

With regard to the situation in preceding question, which of the following practices would you recommend to help avoid discrimination, and what is the basis for your recommendation? a. have the interviewers interview the candidates at the same time, to reduce differing opinions b. do not allow the interviewers to change their scores developed during the interview, as this will remove score manipulation c. continue to weight the answers to those questions which are more important, because this is necessary to acquiring compatible workers, and does not discriminate

b. do not allow the interviewers to change their scores developed during the interview, as this will remove score manipulation

The Drug Free Workplace Act requires that: a. employees must be drug tested at the time of hire and whenever there is reasonable suspicion of drug use in the workplace b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace c. employers must terminate all employees who are found more than once to be using drugs in the workplace d. employees must be drug tested and fired if they test positive

b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace

Regarding cases alleging disparate treatment and pretext, it is correct to say: a. disparate treatment is unintentional or accidental b. evidence in a pretext case can be either direct or circumstantial c. the employer has violated Title VII if it would not have made the same decision absent the discriminatory motive d. they are relatively rare and with current legislation are not likely to be significant in the future

b. evidence in a pretext case can be either direct or circumstantial

Which of the following is considered a medical exam under the ADA? a. drug test for illegal substances b. genetic test c. physical fitness/agility test d. vision tests for ability to read or recognize objects

b. genetic test

"Glass ceilings": a. are primarily a problem for women rather than people of color b. have been the focus of enforcement actions by the OFCCP c. are primarily a problem in the financial sector d. no longer exist

b. have been the focus of enforcement actions by the OFCCP

Which of the following practices would be discriminatory? a. using the same application form for different people applying for the same position b. if an applicant seems an unlikely candidate, discouraging him from applying for the job c. accepting applications for a position for only one week d. accepting applications for a position only from online submissions

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

Which of the following is true of the common law test? a. it is especially useful for distinguishing partners from employees b. it focuses on the right of control c. it focuses on the hired party's ability to sell his services to a variety of hiring parties d. it is especially useful for determining whether individuals should be covered as family members under benefit plans

b. it focuses on the right of control

Which of the following is true regarding medical exams under the ADA? a. all medical exams must be voluntary b. medical exams conducted following conditional offers of employment may see medical information that is not job-related c. only if an employee's condition makes him a direct threat to himself or others can he be denied an employment opportunity based on a medical exam d. people who are disabled or look disabled may be singled out to receive medical exams based on their condition

b. medical exams conducted following conditional offers of employment may see medical information that is not job-related

Of these possible means of recruitment, which has the greatest potential to be discriminatory? a. use of an employment agency b. nepotism or "word of mouth" c. want ads d. an online posting

b. nepotism or "word of mouth"

Which of the following is true regarding want ads and job announcements? a. employers are legally required to post written job announcements and ads b. the wording of job announcements and ads must be neutral c. job announcements and ads must not be placed in publications that are narrowly targeted toward particular protected class groups d. an ad may be placed online, but must also be in print media

b. the wording of job announcements and ads must be neutral

Your sister works at a large, well- known firm which has had trouble sustaining the kind of profit margins their shareholders want to see. In order to keep their numbers up over the years, they have tried every cost-cutting measure they could think of, including some that were of questionable legality. You know about this only because you and your sister talk regularly. You know that she is concerned about losing her job, as there have been many rounds of downsizing, and you have promised her that you would not disclose these matters to anyone. Yesterday, she told you that the firm has been using temp workers for about the last two years, and they are a continuing problem. They come from a temp agency, and there are new workers every month or so, whom she must train. They do little to no work all day, and they are seemingly accountable to no one, since the supervisors don't make them work, yet they still get paid. Your sister knows you are taking this Employment Law course, and she wants you to tell her whether what the company is doing with the temp workers is illegal. Is it? a. Yes b. No

b. no

If a worker is an employee, the employer must: a. make certain the employee makes estimated income tax payments b. pay the employer's share of Social Security and Medicare taxes c. pay the employee's share of Social Security and Medicare taxes d. provide a paid vacation after one year of employment

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

Your firm has been wanting to hire another engineer for some time, and your supervisor has just made an offer to someone from out of state. The hiree is in the process of selling his house, and moving his family to your city. But you are well aware that the economic downturn has sharply curtailed business, and you don't see how the current level of business can support another engineer. In fact, you are all a little concerned about layoffs. You know that your supervisor also knows all of this, but he has told you that he won't withdraw the offer until he absolutely has to. By that time, the hiree may well have sold his home and moved his family, but have no new job with your firm. If the offer is withdrawn under these circumstances, and the hiree sues, which causes of action, if any, might be successful? a. breach of contract and promissory estoppel b. promissory estoppel and fraud c. fraud only d. breach of contract only

b. promissory estoppel and fraud

If a worker is an employee, the employer must: a. provide "free" days off for the employee b. provide unemployment insurance for the employee c. provide paid vacation time for the employee d. provide fair treatment for the employee

b. provide unemployment insurance for the employee

The Immigration Reform and Control Act: a. requires that employers not hire or employ aliens b. requires that employers not discriminate based on national origin and citizenship c. allows employers to hire an unlimited number of foreign nationals under the H-1B visa program d. requires that employers check the authenticity of work authorization documents offered by the applicant

b. requires that employers not discriminate based on national origin and citizenship

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? a. disqualify the candidate for unfitness b. talk to the candidate to find out what the report is all about c. disregard the report, as it's an arrest, and not a conviction d. disregard the report as it occurred at the university, not on the job site

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

The use of subjective criteria by employers: a. is legal as long as the criteria can be systematically measured and quantified b. tends to result in the hiring of fewer African-Americans and Latinos c. requires a formal validation study to be conducted if the criteria produce an adverse impact

b. tends to result in the hiring of fewer African-Americans and Latinos

Protected activity in a retaliation claim under Title VII includes: a. violent protests opposing an employer's alleged discrimination b. testifying in court about another employee's discrimination claim c. filing a discrimination charge against an employer d. refusing to assist in the investigation of a discrimination claim

b. 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? a. that the employee was replaced by someone with differing protected class characteristics b. that the employee lost an employment opportunity shortly after engaging in protected activity c. that the employer's action was based on the employee's race, sex, or other protected class characteristic d. that the employer's action was based on a disagreement with a superior and that the firing was unrelated to quality of the employee's job performance

b. that the employee lost an employment opportunity shortly after engaging in protected activity

Which of the following is a difference between employing foreign nationals with work visas for work in the U.S. and employing U.S. citizens? a. the eligibility of foreign nationals to work in the U.S. must be documented on an I-9 form, while this is not required for citizens b. the duration of employment is limited for foreign nationals, but not for citizens c. foreign nationals can be paid lower wages and offered fewer benefits than citizens d. foreign nationals must supply proof of citizenship

b. the duration of employment is limited for foreign nationals, but not for citizens

In disparate impact cases: a. the focus is on proving the employer's discriminatory intent b. the focus is on showing the discriminatory effects of the employer's actions c. the focus is on showing that unfair treatment occurred d. the focus is on showing that the employer holds racist or sexist views

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

Which of the following statements is most correct regarding the interviewing process: a. the degree of subjectivity in interviewing applicants tends to be low b. the use of a structured interview may provide more uniform results, and fewer charges of discrimination c. the degree of subjectivity in interviewing applicants tends to be uniform d. interviewers generally know when they are responding negatively based on stereotypes

b. the use of a structured interview may provide more uniform results, and fewer charges of discrimination

It is a violation of anti-discrimination laws to place a want ad indicating a preference based on: a. high school graduation b. GPA c. languages spoken d. national origin

d. national origin

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? a. An employer can never be liable for the actions of its employee outside the scope of employment. b. An employer is always liable for the actions of its employee outside the scope of employment. c. 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. d. An employer can never be liable for the actions of its employees outside the scope of employment

c. 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.

Your firm has just gotten a contract with the U.S. government to build security gates for the fence along the U.S.-Mexican border. In addition to the employment laws which already apply to your business, the following will now also apply: a. Title IX b. the Federal Security Fence Funding Act of 2018 c. EO # 11246

c. EO # 11246

Regarding employment law in the U.S., which of the following statements is true? a. Most federal employment laws were passed in the first half of the 19th century in response to growing industrialization b. The earliest employment laws focused on wages and hours c. Employees may be fired at any time for any reason not prohibited by law d. Employees enjoy the right to stay on the job as long as they are doing a good job

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

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? a. Ahmed has a cause of action against the employer for retaliation, but Sam does not b. Sarah has a cause of action against the employer for retaliation, but Sam does not c. Sam has a cause of action against the employer for retaliation d. There are no causes of action arising from this set of facts

c. Sam has a cause of action against the employer for retaliation

Regarding the interrelationship of federal and state employment laws: a. state laws must be identical to federal law or the state law is void b. states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws

c. States may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws

Which of the following interview topics would NOT be considered inquiries regarding an applicant's medical condition? a. The question, "Have you ever been injured?" b. The question, "Have you ever been ill?" c. The question, "How are you?" d. The question," Have you ever filed a worker's compensation claim?"

c. The question, "How are you?"

You are the HR Manager of your firm, and you pride yourself on being up to date with legal requirements, and on the cutting edge of your field. You've just gotten a mailer about a new test kit which would perform genetic testing by pricking a finger, dripping the blood sample onto a tab, and mailing it in to a lab. You think how this could be applied to your employees and applicants, and what you might be able to save on health insurance costs. What should you do? a. Order a gross of the genetic testing kits as soon as possible. b. Call the company attorney to ask how you could test the entire staff without their knowledge c. Throw the mailer in the trash; it's use in this context would be illegal

c. Throw the mailer in the trash; it's use in this context would be illegal

An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work. The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination? a. No, because practice is neutral, and therefore non-discriminatory. b. No, because she was offered alternative positions. c. Yes, because the practice was a form of disparate impact. d. Yes, because the firm did not create a different rule for bathroom breaks for her.

c. Yes, because the practice was a form of disparate impact.

Which of the following is true of the enforcement process for discrimination charges brought under Title VII? a. the plaintiff may choose to begin in the state civil rights agency, or may file directly with the EEOC as they wish b. charges must be brought within 60 days of the alleged discriminatory act c. a right to sue letter must be obtained from the EEOC before a plaintiff can file suit in court d. the plaintiff will have 60 days to file her lawsuit

c. a right to sue letter must be obtained from the EEOC before a plaintiff can file suit in court

For union employers, drug testing is: a. prohibited b. permitted only under certain conditions c. a subject of mandatory bargaining

c. a subject of mandatory bargaining

Sources of employment law include all of the following EXCEPT: a. federal law b. state law c. ads for job openings d. constitutions

c. ads for job openings

A worker who is not an employee is most likely: a. a partner b. a volunteer c. an independent contractor d. a student

c. an independent contractor

Which of the following is NOT true regarding the Employee Polygraph Protection Act? a. it applies to voice stress analyzers, mechanical and electronic truth determining devices as well as polygraphs b. it only applies to private sector employers but not to governmental agencies c. it prohibits the use of polygraphs by private sector employers for any reason d. it does not apply to, or prohibit, pencil and paper honesty tests

c. it prohibits the use of polygraphs by private sector employers for any reason

To determine if a scored test is having discriminatory effects: a. see if the number of women and persons of color hired is at least four-fifth's of the number of white males hired b. see if the proportion of women and persons of color hired is roughly equal to the proportion of women and persons of color in the relevant labor market c. compare the pass rates for different protected class groups and see if the pass rate for any group is less than four-fifths of the pass rate for the most successful group d. compare the number of persons from different protected class groups that pass the test and see if the number of persons passing for any group is less than four-fifth's of the number for the most successful group

c. compare the pass rates for different protected class groups and see if the pass rate for any group is less than four-fifths of the pass rate for the most successful group

A former employee of your firm was dismissed when it was suspected that she had stolen from the petty cash account. It could not be proven, but suspicions were strong enough that the firm decided to let her go. She has now applied at another firm, and listed your firm as a reference. What should you do? a. tell the prospective employer about your suspicions, or you might be held liable if she steals money from them and you didn't tell them b. don't tell them about your suspicions; just give her a glowing reference c. don't tell them about your suspicions; just give a "service" reference d. any of these is an acceptable choice

c. don't tell them about your suspicions; just give a "service" reference

Which of the following statements regarding managers is most correct? a. under most employment laws, managers are not deemed to be protected employees b. managers are usually not individually liable when they violate employees' rights c. employers are liable for the actions of managers taken within the scope of their employment d. "under most employment laws, managers are not deemed to be protected employees" and "employers are liable for the actions of managers taken within the scope of their employment"

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

Distinguishing between employees and independent contractors is important because: a. income tax must be withheld for independent contractors, but not employees b. employers have fewer legal obligations to employees c. employers can defend their noncompliance with employment laws by proving that persons performing work are independent contractors d. it is not important to distinguish between employees and independent contractors

c. employers can defend their noncompliance with employment laws by proving that persons performing work are independent contractors

Which of the following is true regarding criminal background checks? a. an employer is required to do a criminal background check for all applicants; otherwise, it may be deemed guilty of discrimination if it does background checks for some types of jobs but not for others b. a thorough criminal background check is required only when the applicant will be working with money c. employers should consider the seriousness, recency, and job-relatedness of convictions before denying employment on that basis d. If an employer does a criminal background check, the employer must check all state and federal databases

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

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: a. for the employer, because the employees were guilty of theft b. for the employer, because the employees were employees at will c. for the employee, because the employer treated him differently based on his race d. for the employee, because his employer was within its discretion to fire some, but not all employees guilty of theft

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

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: a. for the defendant AutoZone, since the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA b. for the defendant AutoZone, because plaintiff had not established that he suffered from a disability c. for the plaintiff because the damages awarded were consistent with the damages awarded in other cases d. for the plaintiff because he established that he suffered from a disability

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

Which of the following is a true statement regarding employer compliance with the Immigration Reform and Control Act? a. employers must verify a person's eligibility to work in the United States before the new employee begins work b. employers are required to copy and retain copies of the documents used by the employee to prove eligibility to work in the United States c. if they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee d. employees must present certified copies of whatever documents they use to verify eligibility to work

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

Your firm's lunchroom has been a congenial gathering place for employees while they are taking their lunch breaks, but lately, lunches that employees have brought from home and put into the refrigerator in the morning have disappeared by lunch time. This has happened several times, and the employees have now started to accuse one another of stealing lunches. Morale has fallen, and you must do something. Of the following, which is your best option? a. conduct polygraph tests of all of the employees b. conduct polygraph tests of all employees who use the lunchroom c. install a video camera, and train it on the refrigerator in the lunchroom d. prohibit use of the refrigerator by anyone

c. install a video camera, and train it on the refrigerator in the lunchroom

The bona fide occupational qualification (BFOQ) defense: a. applies to intentionally discriminatory policies but not to neutral policies that result in discrimination b. permits race or color to be used as selection criteria, but only under circumstances where employers can make a very strong case for why that is necessary c. is the only means by which employers can avoid liability for facially discriminatory policies or practices d. is never effective against a claim of racial discrimination

c. is the only means by which employers can avoid liability for facially discriminatory policies or practices

Negligent hiring: a. makes employers liable for harm that occurs when employees act within the scope of their employment b. makes employers liable for any harm that is caused by their employees c. makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment d. holds employers blameless for harm caused by their employees outside the scope of their employment

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

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: a. place the ad, and hire a white male for the position within one week b. tell your boss that the law requires that you place the ad for two weeks; do that, then hire the best of the applicants who apply c. 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 d. quit and go find another job

c. 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? a. placing an ad in a metropolitan daily newspaper b. placing an ad in a local newspaper c. placing an ad asking for "a recent college grad" d. placing an ad asking for someone with recent experience

c. placing an ad asking for "a recent college grad"

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? a. send email notice to all employees that a mandatory arbitration policy has been adopted b. post the mandatory arbitration policy on the firm's website, and ask employees to visit the site and review the policy c. provide employees with a copy of the agreement, and ask them to sign it d. provide pay for the time required to attend arbitration proceedings

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

Promissory estoppel claims: a. arise when employment contracts are breached b. require evidence of intent to deceive c. require reasonable reliance on a clear promise d. arise whenever a promise is made

c. require reasonable reliance on a clear promise

Which of the following is most likely a proper application of a BFOQ? a. transferring pregnant women out of a department that worked with chemicals known to be harmful to a fetus b. not hiring women for the night shift because the factory is in a very dangerous part of town and the company parking lot requires a ½ mile walk to the site c. requiring airline pilots to retire at 60 years old d. requiring all airline employees to retire at 60 years old

c. requiring airline pilots to retire at 60 years old

Which of the following inclusions in a want ad would be least likely to be considered discriminatory: a. young persons wanted b. recent college graduates wanted c. servers/waitstaff wanted d. recent high school graduates wanted

c. servers/waitstaff wanted

Regarding promotions, which of the following would NOT constitute good information and advice for managers? a. assessing who is eligible for a promotion may begin with the jobs to which people are assigned when they are hired b. training and development programs should be developed, and made available to all c. since not all are qualified to be promoted, it is not advisable to post or announce possible promotion opportunities; rather one should advise only the people who may be qualified d. one should consider applications for promotion from all who are interested, even if they do not appear to qualify.

c. since not all are qualified to be promoted, it is not advisable to post or announce possible promotion opportunities; rather one should advise only the people who may be qualified

Nepotism and word of mouth hiring: a. are specifically prohibited by Title VII because of their potential to produce discriminatory effects b. are not optimal recruiting procedures, but they raise no significant legal issues c. tend to produce discriminatory effects, depending on how racially homogeneous an employer's existing workforce is d. have been subjected to numerous legal challenges, but have been consistently upheld under Title VII

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

Which of the following is true regarding enforcement of employee rights and enforcement of employment laws? a. finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them b. if an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an enforcement agency or court c. the EEOC encourages the parties to discrimination cases to use mediation d. the EEOC encourages the parties to discrimination cases to use arbitration

c. the EEOC encourages the parties to discrimination cases to use mediation

The key element in disparate treatment is discriminatory intent. In this context, that means that: a. the decision-maker made the decision with intent to harm b. the decision-maker made the decision with intent to break the law c. the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee d. the decision-maker made the decision with personal animus

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

Regarding drug tests, which of the following statements is NOT true? a. the employer must perform a second confirmatory test if requested by the employee b. the employer must allow the employee access to samples so that the employee can have her own test done c. the employer must begin the test again with a new sample d. the employee must be provided with notice that drug testing is required

c. the employer must begin the test again with a new sample

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: a. employers are permitted to make pre-employment medical inquiries prior to a conditional offer of employment b. non-disabled applicants are not protected from pre-employment inquiries under the ADA c. the firm had a legal right to ask questions about the drug use, but not to inquire about disability pre-employment d. because the applicant had tested positive for drugs, the employer could lawfully proceed to ask questions regarding disability prior to making a conditional offer of employment

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

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? a. the policy is sound, both legally and ethically b. the policy is sound legally, but not ethically c. the policy is neither legally nor ethically sound d. the policy is sound ethically, but not legally

c. the policy is neither legally nor ethically sound

For purposes of determining discrimination in recruitment, the "relevant labor market" is defined as: a. the protected class composition of the employer's applicant pool b. the population as a whole c. the protected class composition of people qualified for the job, and living geographically close enough to be likely candidates d. the protected class composition of the geographic area

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

Althea interviewed, was hired, and received a contract of employment in writing. Aside from wages and start date, what is the next most important thing for her to look for in the contract? a. whether the contract was reviewed by lawyers b. whether employment at will applies c. whether the contract specifies benefits d. when she will be eligible for vacation

c. whether the contract specifies benefits

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

d. Employers may perform a criminal background check searching for arrests

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. a. Tom will win because the statements are both lies, challenging his integrity and character b. Tom will win because his reputation has been damaged c. Mike will win because as chair, he has a qualified privilege to make these types of statements d. Mike will win because the statements were not published

d. Mike will win because the statements were not published

Which of the following would not create potential liability for the employer if asked during an interview? a. Have you ever filed a workers' compensation claim for a work-related injury or illness? b. Do you believe in God? c. How often do you go out on dates? d. Why do you want to work for this company?

d. Why do you want to work for this company?

Which of the following kinds of advertising is legally prohibited? a. advertising a job opening in a foreign language newspaper b. advertising a job opening inviting women and minorities to apply c. advertising a job opening in a church bulletin d. advertising a job opening for Swedish people only

d. advertising a job opening for Swedish people only

Which of the following is a neutral requirement that is likely to result in adverse impact? a. race b. language requirement c. physical strength test d. language requirement and physical strength test

d. language requirement and physical strength test

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? a. nothing, unless the Department of Labor challenges your arrangement b. nothing, unless one of the workers complains c. have all of the workers sign independent contractor agreements immediately d. begin to treat them as employees, including paying a minimum wage, and withholding income taxes

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

Which of the following statements is most correct about the legality of drug testing? a. drug testing will usually be upheld, provided that the employer had reasonable grounds for suspecting that the individual employee was under the influence of drugs b. drug testing will usually not be upheld if it is legally challenged c. drug testing will be upheld for private sector employees, but not for public employees d. drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge

d. drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge

Under the "payroll method" approved by the U.S. Supreme Court: a. employers whose payrolls exceed $500,000 annually are covered by Title VII b. employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination c. employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year d. 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.

d. 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.

The primary lesson to be learned from the lawsuit brought by Microsoft's temporary workers in the 1990s is that: a. it is safest legally to hire temp workers through a temporary staffing agency b. employers must provide benefits to all of their employees c. companies that use temp workers will often be deemed joint employers of those workers d. employers cannot arbitrarily exclude some employees from benefit plans by labeling them as temporary workers

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

Under U.S. employment laws, employees have the right to: a. not be fired, as long as they do a good job b. be treated fairly in all aspects of the workplace, including receiving fair compensation c. have paid vacation after 1 year of employment d. expect their employers to comply with employment laws

d. expect their employers to comply with employment laws

Drug testing may include samples of all of the following EXCEPT: a. Blood b. Saliva c. hair d. fingernails

d. fingernails

In Lewis v. Heartland Inns of America, a front desk worker was fired following complaints by one manager that her dress style was "more masculine," and that she had "an Ellen DeGeneres kind of look." If she sues, the court will most likely decide: a. for Heartland Inn, because plaintiff did not prove that she was treated differently than similarly situated males b. for Heartland Inn because Lewis did not comply with the Heartland dress code c. for Lewis because of the manager's personal bias toward her d. for Lewis because the kind of sex stereotyping she encountered constituted sex discrimination

d. for Lewis because the kind of sex stereotyping she encountered constituted sex discrimination

Which of these actions by an employer would most likely result in a claim for defamation? a. getting a signed consent from a former employee, authorizing the employer to provide information about her job performance b. providing a letter of reference for an employee who is being terminated, stating the reasons for dismissal c. giving only information that verifies that the former employee worked there, but nothing else d. giving all information about the reasons for dismissal, with which the employee disagrees

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

You are the manager of your division at a large technology firm, and have been waiting to get approval to hire a new person. You have someone in mind: your long-time friend and college roommate, who you know would be a terrific fit with your team. But you are also aware that the company wants to increase its diversity, especially with regard to women. You worry about this, since your team is all male, and adding a woman would change the dynamics considerably. You've now advertised the new position, as required, and the two best candidates are your friend, and a Latina woman you have never met before. Neither candidate has met your team. Of the following, which would be the best decision? a. hire your friend; you know he'll fit with the current team b. hire the woman; the firm will be happy that you've improved diversity c. have both candidates meet with your team, each one separately, and get their input on the candidates; then decide based on their preference d. have both candidates meet with your team, each one separately, and get their input on the candidates; then make the decision on your own, objectively

d. have both candidates meet with your team, each one separately, and get their input on the candidates; then make the decision on your own, objectively

Under the economic realities test: a. if the hired party depends on the job for a small portion of her income, that favors the conclusion that she is an employee b. if the hired party performs tasks that are central to the hiring party's business, that favors the conclusion that she is an independent contractor c. if the hired party performs low-skilled work, that favors the conclusion that she is an independent contractor d. if the hired party provides her own tools and materials, that favors the conclusion that she is an independent contractor

d. if the hired party provides her own tools and materials, that favors the conclusion that she is an independent contractor

Of these outcomes, which is LEAST likely for a positive drug test? a. a confirmatory test b. a chance for the employee to explain the results c. an offer to participate in a substance abuse program, if appropriate d. immediate termination from employment

d. immediate termination from employment