Employment Law Chapters 5-8
Title VII of the Civil Rights Act of 1964 took effect in which year?
1965
The Immigration Reform and Control Act was enacted in the year:
1986
The pass rate in Duke Power Company for the African American employees who took the Wonderlic Personnel Test and the Bennett Mechanical Comprehension Test was:
6 percent
In ______ the court held that a proliferation of pornographic material featuring nude women did create a hostile working environment for female employees.
Barbetta v. Chemlawn Services Corp
An exception to this civil rights law that allows an employer to hire employees of a specific gender when business necessity requires it is:
Bona fide occupational qualification
The suggestion that disparate impact should be measured only at the _______ ignores the face that Title VII guarantees these individual respondents that opportunity to compete equally with white workers on the basis of job-related criteria
Bottom Line
Which of the following reasons is sufficient to support a bona fide occupational qualification (BFOQ)?
Business necessity
Which of the following employees are subject to Title VII through the Congressional Accountability Act of 1995?
Capitol Guide Service
A method of demonstrating that an employment selection device that selects employees based on the traits and characteristics that are required for the job in question is called:
Construct Validity
In Clackamas Gastroenterology Associates, P.C. V Wells, the court discussed whether managing directors or physician-shareholders of professional corporations are employees for the purposes of determining coverage under:
Construct validity
A method of demonstrating that an employment selection device reflects the content of the job for which employees are being selected is:
Content Validity
In the context of international employment law, ______ are the uniform codes of procedure and standards of conduct that the ILO seeks to promulgate and enforce in order to establish international standards for the fair treatment of workers among all member nations of the United Nations.
Conventions
A method of demonstrating that an employment selection device correlated with the skills and knowledge required for successful job performance is called:
Criterion-related validity
In the United States, the mission of promoting "labor and corporate social responsibility falls with a unit of the:
Department of State (DOS)
When an employee is treated differently from others due to race, color, religion, gender, or national origin in amounts to :
Disparate treatment
In International Brotherhood of Teamsters v. United States, the seniority system was established between:
Employer and the union.
Who is held responsible for verifying employment eligibility prior to hiring an individual?
Employers
Title VII is administered by the:
Equal Employment Opportunity Commission
In Kouba v. Allstate Insurance Co., the U.S. Court of Appeals for the Ninth Circuit held that using an employee's prior salary to determine pay for employees in a training program was not precluded by the
Equal Pay Act.
In Laffey v. Northwest Airlines, Laffey filed a class action suit against NWA, claiming that the refusal to hire females as pursers violated Title VII and that the differential pay scale and allowances for male pursers and female attendants violated Title VII and the:
Equal Pay Act.
The Equal Pay Act's coverage is similar to that of the:
Fair Labor Standards Act.
An employee is given 160 days to file complaint with the EEOC under the Lilly Ledbetter Fair Pay Act.
False
An employer may require a second or third medical opinion at the employee's expense when the employee applies for leave under serious health condition.
False
An employer who places additional requirements on employees of a certain gender but not on employees of the opposite gender does not violate Title VII.
False
An organization claiming to act in good faith under Equal Pay Act need not show objective reason for its belief that it was acting legally as it is not considered as evidence in the court of law.
False
Individual employees, even those in supervisory or managerial positions, are personally liable under Title VII.
False
Section 706(g) provides that no backpay order shall extend to a period prior to one year before the date of the filing of a complaint with the EEOC.
False
The Alien Tort Statute is likely to have a high impact upon the way U.S. Corporations deal with their overseas employees.
False
The EEOC clearly states that sexual harassment does not amount to gender discrimination and hence does not violate Title VII.
False
The Equal Pay Act does not cover state and local government employees.
False
The Equal Pay Act of 1963 requires that women should be paid more than men even if they perform substantially equal work in same establishment.
False
The Immigration Reform and Control Act of 1986 (IRCA) prohibits employment discrimination because of national origin or citizenship against applicants or employees, including illegal aliens.
False
The U.S. Citizenship and Immigration Services (USCIS) is responsible only for the administration of immigration and naturalization adjudication functions and not for establishing the immigration services policies and priorities.
False
There is no provision for employers' defense under The Equal Pay Act.
False
Title VII does not allow employers to hire employees of a particular ethnic or national origin even if based on legitimate business, safety, or security concerns.
False
Title VII does not currently prohibit employment discrimination against any applicant or employee because of national origin.
False
Title VII only applies to minorities and females
False
Title VII regulations and guidelines do not require that employers, unions, and employment agencies post EEOC notices summarizing the act's requirements
False
Under Title VII, the federal government has exclusive authority over employment discrimination issues.
False
Government action involving religion raises issues under the _____ of the U.S. Constitution.
First Amendment
______ compares the selection rates (the rates at which applicants meet the requirements or pass the test) for the various protected groups under Title VII.
Four-Fifths Rule
Identify the case in which the Supreme Court held that the organization's refusal to cover pregnancy or related conditions under its sick-pay plan, in spite of having male-specific disabilities such as vasectomies covered, did not violate Title VII?
General Electric v. Gilbert.
Which one of these mechanisms creates a legal workforce without decreasing the number of workers available to harvest perishable crops?
H-2A program
All of the following individuals are subject to Title VII through the Presidential and Executive Office Accountability Act except employees of the:
House of Representatives
Mohammad is an illegal immigrant from Pakistan, who has been part of the U.S. labor market since 1978. The act which is intended to clear illegal immigrants is the:
Immigration Reform and Control Act (IRCA) of 1986.
In University and Community College Systems of Nevada v. Farmer, in order to remedy the racial imbalance, the University of Nevada instituted the:
Minority bonus policy.
In Novak v. Metrohealth Medical Center, Donna Novak was terminated from her employment because the MetroHealth determined that Novak's March absences did not qualify for the FMLA leave. Novak filed suit against MetroHealth, alleging interference with her FMLA rights and retaliation under the FMLA. The Court of Appeals held that:
Novak was not entitled to FMLA leave.
Olivia requested for leave from her supervisor for one week since her daughter fell sick and required home care. The employer refused to grant her leave and as a result Olivia was forced to be absent from work without pay. She later filed a suit against her employer alleging violation of Title VII. Under the assumption that Olivia is a productive employee, the court most likely held that:
Olivia is entitled for leave under FMLA.
Wendell was fired without sufficient reason by her company once they became aware of her pregnancy. The company assumed that the Wendell was likely to be absent from work for lengthy periods due to her pregnancy and the ensuing responsibilities of parenthood. In this circumstance, Wendell has a remedy under the:
Pregnancy discrimination Act.
Title VII includes religion within the BFOQ exception enumerated in:
Section 703(e)(1).
Which section of Title VII states that it is not a violation if an employer refuses to hire or to discharge an employee who is unable to meet the requirements for a national security clearance where federal law or regulations require such a clearance for the job in question?
Section 703(g)
Employers are allowed to refuse to hire applicants who are denied national security clearances for positions subject to federal security requirements under:
Section 703(g) of Title VII.
Pay differentials between employees of different sexes is allowed when the differential is due to seniority, merit or productivity-based pay system, or factor other than sex under:
Section 703(h) of Title VII.
In Equal Employment Opportunity Commission (EEOC) v. Dial Corp, the trial court held that:
The Work Tolerance Screen (WTS) had a discriminatory effect on female applicants.
An employer may violate _____ by discriminating against an applicant or employee whose education or training is foreign.
Title VII
Plaintiffs often file suit under both ______ and the Equal Pay Act.
Title VII
A transport company had a policy that required every female employee to go through a mandatory physical examination prior to a promotion. However, the test was not mandatory for male candidates. A group of female candidates filed a lawsuit against the company. In this instance, the court most likely held that the company violated:
Title VII, on the basis of gender-plus discrimination
Identify the case in which the Court of Appeals held that the employer had committed an unlawful employment practice under Section 703(a)(1) of the Act.
Trans World Airlines v. Hardison
An employer who is providing helicopter pilots under contract to the Saudi Arabian government to fly Muslim pilgrims to Mecca could refuse to hire non-Muslims or require all pilots to convert to Islam.
True
An employer who requires women to wear a uniform but has no such requirement for men violates Title VII of Civil Rights Act.
True
Employees seeking to take a leave under provisions of the FMLA must give notice of the leave to their employer at least thirty days in advance of the leave when the need for the leave is foreseeable.
True
Employers who fire pregnant employees because of the assumption that the employees will likely be absent from work for lengthy periods is a violation of Title VII.
True
If the EEOC dismisses a complaint or decides not to file suit, it notifies the complainant that he or she may file suit on his or her own.
True
Section 703(e)(1) of the Bona Fide Occupational Qualification allows employer to select employees based on sex and gender in certain instances.
True
The EEOC enforces federal laws prohibiting employment discrimination.
True
The Equal Pay Act's coverage is similar to that of the Fair Labor Standards Act.
True
The Family and Medical Leave Act, allows eligible employees to take up to twelve weeks of unpaid leave in any twelve months.
True
The plaintiff, in a suit under Title VII, always carries the burden of proof
True
The rules of procedure for the federal courts allow an individual plaintiff to sue on behalf of a whole class of individuals allegedly suffering the same harm.
True
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of religion.
True
Unions and employers generally agree that any dispute arising under their collective agreements will be settled through arbitration.
True
When the pay differentials between the male and female employees are due to a seniority system, a merit pay system, a productivity-based pay system, or "a factor other than sex," the pay differentials do not violate Title VII.
True
While seeking accommodation, an employee is required to act reasonably in considering the alternative means of accommodation that is available.
True
In City of Los Angeles v. Manhart, a group of female employees filed suit against the department, alleging that the practice of making female employees pay higher contributions to receive equal benefits upon retirement violated Title VII. The trial court held that, the department's practice:
amounted to illegal sex discrimination.
The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate if they:
are voluntary and knowing
The court may award "reasonable attorney's fees":
at its discretion.
In Spalding v. University of Washington and A.F.S.C.M.E. v. State of Washington, the U.S. Court of Appeals for the Ninth Circuit held that a plaintiff bringing a Gunther-type claim under Title VII must establish the evidence of:
disparate treatment.
Title VII was amended in 1972 to cover:
employees of state and local employers.
The EEOC enforces _____ prohibiting employment discrimination
federal laws
The remedies available under a government suit for the violation of Pay Discrimination Act include:
injunction and back pay with interest.
A female employee was asked by her male supervisor to sleep with him if she wanted a satisfactory evaluation and recommendation for promotion. When she refused, she was subjected to negative evaluation, disciplinary suspensions, and she was ultimately fired. This action of supervisor can be termed:
quid pro quo harassment.
Harassment where the employee's response to the harassment is considered in granting employment benefits is called:
quid pro quo harassment.
Section 702(a) provides an exception under Title VII to all:
religious associations.
The Civil Rights Act of 1991 amended Title VII to allow recovery of punitive damages in cases in which the employer has engaged in:
religious discrimination.
In Smith v. City of Salem, Ohio, Greenamyer suspended Smith for one twenty-four hour shift, based on his alleged infraction of a City and/or Fire Department policy. Smith filed suit in the federal district court alleging:
sex discrimination and retaliation in violation of Title VII.
In Price Waterhouse v. Ann B. Hopkins, Ann Hopkins, a senior manager in an office of Price Waterhouse, was proposed for partnership. When the partners in her office refused to repropose her partnership, she sued the firm. The Supreme Court held that employment decisions may constitute sex discrimination in violation of Title VII, if the decision is based on:
sex stereotypes.
The provision that men and women performing substantially equal work should be paid equally is part of the:
the Equal Pay Act.
The U.S. Attorney General has the authority under section 706(f)(1) to file a suit against:
the local public employer
The EEOC v. Dial Corp., after the Work Tolerance Screen (WTS) was adopted:
the percentage of new female hires declined
James and Cameron applied for the position of an assistant professor at Luthans University. Though Cameron had more experience and was better qualified, her job application was rejected by the University Board. The Board felt that as a woman, Cameron would not be able to maintain discipline in her class since most of the students were male. James' job application was considered and he was later hired. In this case, the University Board:
violated the provisions of Title VII of the Civil Rights Act.
Dorothy filed a complaint with the EEOC against her employer alleging sex-based discrimination. The complaint can be filed with the EEOC:
within 300 days of occurrence of the act.
Under the Family and Medical Leave Act, the employer may deny leave to employees, who are designated as:
"key employees".
Mixed-motive discrimination claims fall under section:
703(m) of Title VII.
Jack and Adam were the employees of Steel Co. Inc. Both of them performed equal work in the industry, however, the company decided to give a 40 percent hike to Jack because he was senior to Adam, whereas Adam was only given a 20 percent pay hike to his salary. In this scenario, the company wage differential is justified under the:
Bennett Amendment.
Which of the following prohibits advertising for male or female employees in help-wanted notices (apart from a few exceptions) or maintaining separate seniority lists for male and female employees?
Bona fide occupational qualification (BFOQ)
In McDonnell Douglas Corp. v. Green, the respondent (Green) filed a formal complaint with the Equal Employment Opportunity Commission, claiming that the petitioner had refused to rehire him because of his race, and persistent involvement in the civil rights movement which were in violation of Sections 703(a)(1) and 704(a). How would Green claim a case of discrimination?
By establishing a prima-facie case
In which of the following cases did the court hold that an employer who requires women to wear a uniform but has no such requirement for men violates Title VII?
Carroll v. Talman Federal Savings & Loan Assoc.
______ state(s) that employers are liable for sexual harassment by supervisory or managerial employees or co-workers and may also be liable for harassment by coworkers or even nonemployees under certain circumstances.
EEOC guidelines
Complaints by federal of violations of Title VII may choose to pursue the complaint with the:
EEOC or file suit in federal court.
A federal employee alleging employment discrimination must first consult with a(n):
Equal Employment Opportunity (EEO) counselor within the employee's own agency.
In which of the following cases did the EEOC argue that the district court erred in each respect of the decision and finally appealed to the U.S. Court of Appeals for the Fifth Circuit?
Equal Employment Opportunity Commission v. WC&M Enterprises, Inc.
Central Airlines decided to give 30 percent pay hike to stewards and 15 percent pay hike to stewardesses, even though they were performing substantially similar kind of work. In this case, the airlines has most likely violated the:
Equal Pay Act
In Nevada Dept. of Human Resources v. Hibbs, the Supreme Court held that the Eleventh Amendment of the Constitution does not grant the states immunity from suits for damages by employees under which of the following acts?
Family and Medical Leave Act
One way to establish proof of a disproportionate impact is by using the:
Four-Fifths Rule from the EEOC Guidelines.
An act that amends Title VII by extending the time limit for filing suit for pay discrimination cases is known as the:
Lilly Ledbetter Fair Pay Act.
In which of the following cases did the Supreme Court uphold the court-ordered affirmative action to remedy prior employment discrimination?
Local 28, Sheet Metal Workers v. EEOC
In which of the following cases did the court hold that abuse and ridicule by coworkers and managers directed at a male employee because he appeared effeminate and did not conform to a male stereotype was discrimination "because of sex" for the purposes of establishing a claim under Title VII?
Nichols v. Azteca Restaurant Entreprises, Inc
Under which rule of Title VII, does the EEOC not need a certification as a class representative?
Rule 23
According to ___________ is it lawful for women to be permitted to wear long hair while males are not permitted to have hair below the collar in a workplace.
Title VII.
Richard worked as an assembly line worker and faced employment discrimination by his supervisors. He filed a suit against his supervisors and company under Title VI and consecutively won the case against his employers. He was most likely:
awarded back-pay.
Scarlett applied for a job as personal shopper in a boutique for exclusive menswear. The boutique rejected her application since the job also required assisting male customers in the fitting rooms which was a business necessity and was inappropriate for a female employee. In this case, the department is justified under:
bona fide occupational qualification
The Office of Compliance initially attempts to resolve the complaint through:
counseling and mediation.
Luke was selected for the post of junior manager in a five-star hotel. The employer's application for employment contained a Dispute Resolution Agreement requiring employees to submit all employment disputes to binding arbitration. Applicants who refused to sign the Dispute Resolution Agreement were not hired. Such an agreement is:
enforceable under the FAA , as held by the Supreme court.
Mohammed worked in a garment manufacturing firm. He was a new immigrant from Afghanistan and due to the terrorist activities in his country he faced several discrimination issues at his place of work. He was subjected to humiliation and verbal abuse, and subsequently he was physically assaulted by his co-workers a few blocks from the company premises. He filed a suit under Title VII alleging racial discrimination by co-workers and his employers. To establish a prima-facie case he should present the court with:
enough evidence to raise a presumption of discrimination.
When an employer places additional requirements on employees of a certain gender, but not on employees of the opposite gender, this is known as:
gender-plus discrimination.
In Harris v. Forklift Systems, Inc., Teresa Harris sued Forklift, claiming that Forklift's president Hardy's conduct had created an abusive work environment for her because of her:
gender.
Samantha worked as an ocean lifeguard for the Marine Safety Section of the Parks and Recreation Department. Her immediate supervisor was Bruce. Bruce repeatedly touched Samantha without invitation and passed sexual comments on her. In this case, Samantha has a legal remedy in the form of:
injunction
When an employer is not within the exemption provision of Section 702 under Title VII, and the religion is not a BFOQ, the prohibition against discrimination on the basis of religion is:
not absolute.
The judgment of the court in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos, in which plaintiffs brought action against the CPB and the COP alleging, among other things, discrimination on the basis of religion in violation of the Civil Rights Act of 1964, was
remanded.
Awarding of back pay and seniority is a:
remedy under Title VII.
Unlike the National Labor Relations Act, Title VII does not give exclusive authority over employment discrimination issues to:
the federal government.
Ron and Roderick were American employees at a publishing firm. The company employed 22 workers, most of who were French or spoke French. There were constant complaints pertaining to language issues by Ron and Roderick. The company subsequently adopted an "English-only" policy, requiring employees to speak in English while conducting business. The French employees and the union then filed a lawsuit against the company, alleging that the English-only policy violated Title VII. In this case, the court held that there was no violation of Title VII because:
there were no reasonable grounds to justify that provisions of Title VII were violated.
The decision of the U.S. Court of Appeals for the Third Circuit in Webb v. City of Philadelphia, in which Officer Webb filed a complaint of religious discrimination under Title VII with the Pennsylvania Human Relations Commission and the federal Equal Employment Opportunity Commission, stated that:
uniform requirements were crucial to the safety of officers.
Title VII requires an employer to enact affirmative action plans
False
UNI claims that signing global agreements with targeted companies would lead to the organization's focus going backward.
False
Union Network International (UNI) does not seek to organize workers on an international scale but merely administers the functioning of unions.
False
The University and Community College System of Nevada v. Farmer, the University was sued because:
Farmer alleged that because of the University's affirmative action plan they hired a black make (Makoba) despite the fact that she was better qualified.
The duty to protect the United States from terrorist attacks, from foreign intelligence operations, and from cyber-based attacks and high-technology crimes lies with the:
Federal Bureau of Investigation.
The Alien Tort Claims Act was enacted in 1789 as part of the original Judiciary Act
True
Content validity is a means of isolating and testing for specific traits or characteristics that are deemed essential for job performance
False
The Convention on the Civil Aspect of International Child Abduction aims to control and eliminate exploration of child labor
True
One of the primary objectives of the Immigration Reform and Control Act (IRCA) of 1986 is to meet the globalization of corporations, trade, and manufacturing head on.
False
Remedial affirmative action designed to remedy the effects of past illegal discrimination has not been endorsed by the courts
False
Criterion-related validity is a method of demonstrating that an employment selection device reflects the content of a job for which employees are being selected
False
Which branch is the largest investigative branch of the Department of Homeland Security (DHS)?
U.S. Immigration and Customs Enforcement
The programs in employment that involve giving some kind of preference in hiring or promotion to qualified female or minority employees is a/an
Affirmative action
Which one of these states is not included in the early entrants of the controversial legal arena?
Alabama
Disparate Treatment is when an employee is treated differently from others due to:
All of these answers: Race, National origin, and Religion
The Four-Fifths Rule, is a mathematical formula developed by the EEOC to demonstrate disparate impact of a facially neutral employment practice on selection criteria
True
Christopher, a white employee was excluded from a training program that imparted specialized skills required for his role. Under the voluntary affirmative action program, 50 percent of the spaces in the training program were reserved for minority employees while the remaining 50 percent was based on seniority. While Christopher was not senior enough to qualify for the seniority-based seats, he did have more seniority than several of the minority employees admitted under the affirmative action program. Christopher filed a suit against the employer and the union with EEOC arguing that excluding him from the training program while admitting less senior employees was race discrimination prohibited by Title VII. Based on the above information, it is likely the decision ruled in favor of:
Christopher
A teacher who is required to possess the attribute of "patience," or an executive who is required to possess qualities of "leadership" are being measured based on:
Construct Validity
As a general proposition, immigration law and policy are not deemed to be the exclusive provinces of the federal government.
False
Section 706(e)(2) added to Title VII by the 1991 amendments, does not address the time limits for a challenge to a seniority system that allegedly is used intentionally to discriminate in violation of Title VII
False
The purpose of the Immigration Reform and Control Act (IRCA) of 1986 is to provide solution for controlling both legal and illegal immigration to the United States.
False
The International Labor Organization (ILO) is the branch of the United Nations charged with developing and promulgating uniform labor and employment standards internationally.
True
The Union Network International has laid special emphasis to build more effective alliances in multinationals.
True
In Chamber of Commerce of U.S. v. Whiting, what act was examined?
Legal Arizona Workers Act
What was the issue in Sarei v. Rio Tinto?
Should the plaintiffs be required to exhaust their other available remedies before being permitted to sue in a U.S. court under the Alien Tort Statute?
The fundamental U.S. immigration statute is the Immigration and Nationality Act (INA) of 1952.
True
The payroll method is used to determine the number of employees for coverage of Title VII
True
Title VII is administered by the Equal Employment Opportunity Commission (EEOC), a five-member commission appointed by the president that works with the commission's Office of General Counsel.
True
Title VII is administered by:
The Equal Employment Opportunity Commission.
Which act sets the conditions for the temporary and permanent employment of aliens in the United States and includes provisions that address employment eligibility and employment verification?
The Immigration and Nationality Act
Labor unions with at least fifteen members are subject to Title VII
True
Title VII of the Civil Rights Act protects all individuals from employment discrimination based on sex or gender.
True
In a manufacturing company, promotions were based on seniority. The company instituted a policy of high school education, and two aptitude tests were held for the selection of employees. All employees who had high school diplomas appeared for the test. The pass rate of the white employees was 85 percent while the pass rate for African American employees was 14 percent. The African American employees brought a law suit against the company in the District courrt alleging that this violated Title VII of the Civil Rights Act of 1964. Based on the above information, it is most likely that the District Court held that:
The company did not violate the Title VII act
A mathematical formula developed by the EEOC to demonstrate disparate impact of a facially neutral employment practice on selection criteria is:
The four-fifths rule
Seniority, or the length of service on the job, is frequently used to determine entitlement to employment benefits, promotions, or transfers, and even job security itself.
True
Yen Singh had migrated from Bangladesh to U.S., and was working as a labor in the manufacturing industry. He was physically assaulted and victimized by the labor union for an extended period of time. Under which statute can he file a complaint in the district court?
Torture Victim Protection Act of 1991
A labor union that operates a hiring hall is covered by Title VII without reference to total membership
True
A situation where an employee is treated differently from other due to race, color, religion, gender or national orgin is disparate impact.
True
Affirmative action programs in employment involve giving some kind of preference in hiring or promotion to qualified female or minority employees
True
Employer compliance with IRCA includes that employers must verify the employment eligibility of any employee hired.
True
Immigration Reform and Control Act (IRCA) restricted the ability of many foreign students to adjust their status to that of lawful permanent resident aliens.
True
Immigration and Customs Enforcement is the largest investigative branch of the Department of Homeland Security.
True
Which one of the following bodies is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities?
U.S. Citizenship and Immigration Services
Which one of these following bodies is responsible for enforcing the antidiscrimination provisions of the Immigration and Nationality Act (INA), 8 U.S.C. Section 1324b?
U.S. Department of Justice
Which group has the following mission statement: "create a more secure, democratic, and prosperous world for the benefit of the American people and the international community"?
U.S. Department of State
Which one of the following is the largest investigative branch of the Department of Homeland Security (DHS)?
U.S. Immigration and Customs Enforcement
The regulation that was adopted by the EEOC and other federal agencies that provide for methods of demonstrating a disparate impact and for validating employee selection criteria is the:
Uniform Guidelines on Employee Selection.
Which one of these following is an organization which is aimed at meeting the globalization of corporations, trade, and manufacturing?
Union Network International (UNI)
Which case held that the "payroll method" is the appropriate method to determine the number of employees for purposes of Title VII coverage?
Walters v. Metropolitan Educational Enterprises, Inc
The Supreme Court held that a plaintiff must "offer statistical evidence of a kind and degree sufficient to show that the practice in question has caused the exclusion of applicants for jobs or promotions because of their membership in a protected group" in the case of:
Watson v. Fort Worth Bank & Trust.
In several cases decided shortly after the adoption of Title VII, courts held that departmental seniority systems that operated to deter minority employees from transferring out of low-paying or inferior jobs:
Were in violation of Title VII
In August 2005, at the Chicago convention, UNI announced that signing ______ with targeted companies would be their focus in the future. In 2007, UNI expanded its attention to monitoring ______.
global agreements; private equity funds
The international trade union movement has begun to use the term ______ as an umbrella designation.
global unions
Robin works as a human resource manager for Banes & Obel. The company asks Robin to ensure that all suitable candidates including women and minorities are interviewed for open positions, but instructs her to not hire any minority applicants. When Robin reminds her supervisor that Title VII prohibits race discrimination she finds herself being removed from the interview process and all tasks related to the hiring process. In the above case, Banes & Obel:
has clearly violated Title VII by instructing Robin to not hire minority applicants.
The Alien Tort Claims Act:
is unlikely to have a high impact upon the way U.S. corporations deal with their overseas employees.
UNI claims to hold the allegiance of approximately 15 million workers in 900 unions in 150 countries, representing employees in the following economic sectors EXCEPT:
medicine.
In Romero v. Drummond Company, Inc., the union and several of its leaders and relatives of deceased leaders sued Drummond and its parent company and executives under the Alien Tort Statute and the Torture Victim Protection Act of 1991. The district court consolidated the complaints and later granted:
partial summary judgment.
All of the following are services of the U.S. Citizenship and Immigration Services except:
protecting civil rights.
The Immigration Reform and Control Act of 1986 altered several immigration provisions of the INA of 1952 such as:
providing a one-shot amnesty program under which illegal aliens who entered the United States before January 1, 1982, could become legalized.
A judicial authority in one contracting state may request its counterpart in another contracting state to facilitate such discovery activities as the taking of depositions or sworn statements in support of litigation, including labor and employment litigation. This is a convention on the:
taking of evidence abroad in civil or commercial matters.
In Walters v. Metropolitan Educational Enterprises, Inc., the Supreme Court held that the ______ was used to determine the number of employees for coverage of Title VII.
"payroll method"
The federal statute which provides the cause of action for aggrieved noncitizen residents in the U.S. courts is:
Alien Tort Claims Act
In Aguilar v. U.S. Immigration and Customs Enforcement, the Guatemalan consul, acting as next friend of the detainees, filed a petition for a writ of habeas corpus and a complaint for declaratory and injunctive relief in the United States District Court for the District of Massachusetts. The District Court dismissed the petitioners' substantive due process claims for failure to satisfy the prerequisites of Federal Rule of Civil Procedure as stated under:
Federal Rule 12(b)(6)
Which organization, based in Geneva, has authored a vast scheme of labor and employment laws, regulations and guidelines?
International Labor Organization (ILO)
Which of the following statement pertains to criterion-related validity?
It concerns the statistical correlation between scores received on tests and job performance.
Which section of Title VII prohibits retaliation by the employer against employee because that person opposed any practice that is prohibited by Title VII?
Section 704(a)
Whose responsibility is to ensure public safety against foreign and domestic threats?
U.S. Department of Justice
Identify the statement which accurately represents the functions of the International Labor Organization (ILO).
U.S. labor and employment laws in many instances are equal or superior to the ILO scheme.
In Price Waterhouse v. Hopkins, the Supreme Court held that:
a plaintiff need to demonstrate and prove that the defendant used multiple prohibited factors (race, color, gender, religion, or natural origin) as a motive for an employment action.
A telephonic marketing firm is looking at establishing themselves in Florida. Because of the nature of its work, the firm decides to hire only people who speak fluent English and not to hire any person who has a noticeable accent or, in the words of the marketing manager, "who have any native influences to their accent." The company's hiring policy:
clearly violates Title VII.
At Your Home, a service provider offers healthcare assistance for elderly or disabled persons at their place of residence. Since most of the clients require total physical care including assistance to get dressed or move around the house, At Your Home screens applicants for employment by using a strength test. The applicants must be able to lift a dummy weighing 175 pounds. The strength test disqualifies most female applicants, as well as a majority of Asian male applicants. To avoid violation of Title VII, At Your Home should use:
content validity.
In Mohamad v. Palestinian Authority, the main issue was:
did the human rights laws at issue apply to someone other than a natural person?
A U.S. passport, certificate of U.S. citizenship, certificate of naturalization, or certain resident alien cards establish both ______, which are mandatory for IRCA compliance.
employment authorization and identity
Under the ordinance passed by the city of Escondido (California), residents, businesses and city officials could:
file written complaints with the city if they suspected a landlord of renting to illegal immigrants.
The UNI:
has achieved labor contracts with Carrefour, Hennes & Mauritz of Sweden and Falck among others.
The Thompson v. North American Stainless, LP. case focuses on:
retaliation in violation of Title VII.
