Employment Law - Ch 11- Ch 16

Which of the following may be considered as a disability or impairment under the Americans with Disabilities Act?

Disfiguring facial scar

The _____ regulates the release of personal information about federal employees by federal agencies.

Privacy Act

_____ means becoming legally entitled to receive a benefit that cannot be forfeited if employment is terminated.

Vesting

The company that Gloria plans to join does not want to be held liable for claims that she may have as a result of privacy issues. What kind of an agreement should the company ask Gloria to sign?

Waiver

Which of the following intellectually impaired individuals would be covered under the Americans with Disabilities Act?

William, who was erroneously diagnosed as having an intellectual disability that substantially limited his ability to learn when he was attending high school

David has had his employment terminated by his previous employer, arising out of a wrongful charge of theft of office property. He has been unemployed and unable to land another job for five months, because each job interview has required him to explain why he could not offer a good referral from his previous employer. David is a victim of:

compelled self-disclosure.

Under a(n) _____ provision, employer hires only union members.

closed shop

Negotiations and agreements between management and labor about wages, hours, and other terms and conditions of employment are part of the process of:

collective bargaining.

Melman's boss reprimands him using strong language in front of other employees. This has led Melman to become very depressed. If he so decides, Melman can sue his boss for:

committing a tort.

Laws made and applied by judges, based on precedent, are known as:

common laws.

A person who has discretionary authority over the investment or management of plan assets on behalf of another is known as a(n):

fiduciary.

A right that is guaranteed by the Constitution, whether stated or not, is known as a:

fundamental right.

The _____ clause of the Occupational Safety and Health Act requires that employers furnish to each employee employment and a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm to the employee.

general duty

Tina is a college student who works for Red Flags Amusement Park in Florida, USA during the summer. Under the Fair Labor Standards Act, Tina is entitled to:

minimum wages.

Laney, an employee of Carterez, a contractor, is hospitalized to be treated for the high cement exposure she has been subject at work while Bartow, a subcontractor, was laying the cement foundation for a structure. Carterez is cited by Occupational Safety and Health Act for violation of the protective gear requirements. This follows the:

multiemployer doctrine.

Hilda's employers have asked her to submit a medical proof of her illness for which she recently took 10 days off. As per the U.S. Department of Labor guidelines, she must have spent at least _____ night(s) in the hospital.

one

On December 5, 2011 the nurses of a local hospital in Jacksonville participated in a protest in front of the hospital. They carried placards that highlighted their poor work environment and chanted anti-management slogans. This is an example of:

picketing.

Section 503 of the Rehabilitation Act:

prohibits discrimination against otherwise-qualified individuals with disabilities by any program or activity receiving federal assistance.

A group of employees of the Acme Company have a complaint against the management. The Widget Company is the major supplier to the Acme Company. The rebelling employees inform the Widget Company that they will persuade the public to stop doing business with the company unless it stops doing business with Acme Company. Such a ban of the Widget Company would be a(n):

secondary boycott.

Bill told John that Jack was a cheat, leading to John refusing to do business with Jack. Jack would have had a case for _____ against Bill.

slander

Miranda, 45, is considering bringing disparate impact charges against the company she is working for. In order to do so, she will have to show that:

the facially neutral policy imposed by her employer has a different effect on older group of workers.

Which of the following scenarios will qualify for a religious bona fide occupational qualification?

A Catholic educational institution that is owned in whole by Catholics employs only Catholic teachers.

Which of the following employees is most likely to be protected under the Americans with Disabilities Act as an individual "regarded as having an impairment?"

A computer technician whose physician misdiagnoses a heart condition in an employment-related physical exam and has been fired because of it.

Which of the following clauses requires nonunion members to pay union dues without having to be subject to the union rules?

Agency shop clause

Al is a 45-year-old worker who is replaced by a 40-year-old worker. In the context of the Age Discrimination in Employment Act, which of the following statements is most accurate?

Al will be able to make a claim under the Act.

Which of the following is true of medical examinations?

All information obtained through medical examinations must be shared by the employer.

Which of the following statements is true of religion?

An employer's duty to accommodate is only to the extent that it does not cause the employer undue hardship.

Which of the following doctrines allow an employer to fire an employee or an employee to leave the employer at any time and for any reason?

Employment-at-will

Which of the following is not in the form of money, but in the form of injunctions, reinstatement, and promotions, etc.?

Equitable relief

The general rule is that bloggers and other social media users enjoy _____ Amendment protections for comments made on blogs and elsewhere; but that protection does not extend to unprotected speech, such as defamation.

First

Which of the following is true of the Age Discrimination in Employment Act?

It allows an employer to rebut a prima facie case of age discrimination by identifying any "reasonable factor other than age" that motivated the decision.

Which of the following is true of the Employee Retirement Income Security Act?

It does not cover plans established or maintained by governmental entities or churches.

Which of the following limit awards to a predetermined amount?

Liquidated damages

Which of the following statements is true of reasonable accommodation for a disabled contingent worker?

Only the staffing firm must provide reasonable accommodations for the application process before any client has been identified as a prospective employer.

Nick, aged 45, is an employee of Fizz Drinks. His declining performance has been a major concern for his boss for the last one year. In spite of repeated interventions and warnings, Nick has not been able to improve his performance. His boss has finally decided to terminate him. Nick is thinking of suing the company under the Age Discrimination in Employment Act but, in this case, his boss has a strong case for his own defense. What is that?

Reasonable factor other than age

Gisele has been with My Home Industries for the last two years. Her company employs 50 employees. She recently took 12 weeks of unpaid leave to tend to her terminally ill father-in-law. She had recorded 1,300 hours of work during the 12 months preceding the time off. Upon returning to work, she came to know that her employers had initiated disciplinary action against her. She argued that the Family and Medical Leave Act gave her the liberty to take the time off, but her employers were right in initiating the disciplinary actions. Why?

The Act does not guarantee an employee unpaid leave for the care of the spouse's sick parents.

Which of the following statements is true of reasonable accommodation under the Americans with Disabilities Act?

The Act does not require an organization to make accommodations that cause undue hardship.

The Equal Employment Opportunity Commission and the courts look into certain factors while determining whether the employer successfully bore the burden of reasonable accommodation. Which of the following is true of the factors?

The administrative aspects of accommodation have to be considered.

A construction worker has recently converted to Sikhism. He tells his supervisor that he must wear a turban at all times as part of his religious practice, which means he cannot wear the construction hat required by safety regulations. Which of the following statements is true of this case?

The employer must attempt a good-faith accommodation of the religious conflict and the worker must assist in the attempted accommodation.

David, 40, has been serving as a Baptist minister for the last two years in California. He recently wanted to join a Catholic church. But, the church declined to appoint him. David approached the court with a Title VII discrimination against the church. The court rejected his petition. Which of the following is a ground for the court to do so?

Title VII permits religious institutions and associations to discriminate when performing their activities.

Adriana, wheelchair-bound since childhood, joined a new company. Her colleagues joked about her disability and passed comments. She initially thought that the situation would change, but, things got so bad that she dreaded going to the office and began considering leaving the job. Adriana was a victim of:

a hostile work environment.

Sara, 40, has been working for Global Solutions for the last 10 years. Many of her colleagues and subordinates were convinced that she will soon become a part of the top-management of the company. Sara's employment, however, was terminated by the company shortly later. This is an example of a(n):

adverse employment action.

The management and the employees of a steel manufacturing company have been involved in collective bargaining proceedings over wage increments for the past one month, but they have not been able to come up with any satisfactory solutions. The employees have declared that they will embark on a strike if a decision is not reached within the next one week. The management has approached the court which has ordered the employees to refrain from the strike until a decision is not reached. The court order is an example of:

an injunction.

On the first day at work in a medical laboratory, Carrie sees a sign on a door that says "Do Not Enter ? DANGER." She still enters the room, stumbles against broken rods stored there and hurts herself. If she wants to recover damages from her employers, she will be unsuccessful because of the principle of:

assumption of risk.

An extensive study conducted by a very reputed organization has proved that the eyesight and motor coordination skills of human beings start deteriorating after the age of 50. After the publication of this report, Alliance Airlines has asked its existing above 50 pilots to consider other career options for themselves. It has also decided that it will not hire pilots who are above 50 years of age. This will qualify as:

bona fide occupational qualification.

Alex is the representative of the carpenters' union that he is a member of. Alex is said to be the:

business agent.

Brett is required to deliver pizza to Geronimo Pizzazz customers at their home on the company-provided two-wheeler. During one such delivery, he is injured in an accident. He claims damages from his employer but his employer shows that Brett was driving down the wrong way on a one-way street and was not required to pay any damages. This is an example of:

contributory negligence.

The shop steward:

is a union member chosen as intermediary between union members and the employer.

Under the _____ clause, parties agree that persons running an organization have the right to make appropriate business decisions as long as applicable laws and agreements are complied with.

management security

Damages designed to punish a party being sued rather than compensate the injured party are known as:

punitive damages.

The Equal Employment Opportunity Commission regulations define _____ as the personal and professional attributes, including the skill, experience, education, physical, medical, safety and other requirements established?as requirements which an individual must meet in order to be eligible for the position held or desired.

qualification standards

Brenda, a diabetic, has been given such working hours by her employers that she is able to take regular meal breaks during her shift. Brenda:

reasonable accommodation.

The employer's Title VII duty to try to find a way to avoid conflict between workplace policies and an employee's religious practices or beliefs is known as the duty of:

reasonably accommodate.

Reasonable accommodation and undue hardship are both associated with discrimination based on.

religion and disability.

Unlike the other categories included in Title VII, there is no absolute prohibition against discrimination on the basis of:

religion.

Title VII is the only legislation to specifically prohibit _____ discrimination in employment.

religious

Iqbal, the only Muslim employee at his new firm, has approached the Equal Employment Opportunity Commission complaining that his colleagues address him as "the local terrorist." He also states that, even after repeated requests, his colleagues have not mended their ways. He is a victim of

religious harassment.

Laika's boss has been asked to create a shared environment where individual customers will be able to write about their experiences, post videos, and upload audio messages about their experiences after using the products manufactured by the company Laika's company. Laika has been asked to make use of the:

social media.

The intentional relinquishment of a known right is known as a(n):

waiver.

When Yasser joined the company he currently works for, his employer made him sign an agreement that said that he could not join a union during his time of employment there. Yasser's employers can be prosecuted because they made him sign a(n):

yellow dog contract.