Employment law final

In responding to requests for reasonable accommodation, employers should NOT: -engage in an interactive process with disabled employees -limit medical inquiries to information needed to assess functional limitations -discuss the disabled employee's need for accommodation with other employees -continue an ongoing dialogue with the employee about reasonable accommodation needs

discuss the disabled employee's need for accommodation with other employees

The federal Jury System Improvements Act: -protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service -applies a Title VII approach to selection of jurors -reduces the number of jurors on a standard jury from 12 to 6 -requires that employers pay their employees at their regular rate of pay for the time spent serving on a federal jury

protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service

You work in a large office in the "bullpen," a large open area of desks, chairs and computers, where about 50 people work, separated only by low-level cubicle walls. In this area, several teams of people work together on different projects. Lately, there have been a lot of pranks played by one rowdy team upon another team (not yours), which have escalated. Yesterday, someone lowered the seat of a worker's chair while he was out of his cubicle, and when he returned and attempted to sit down, he fell and injured his back. You believe this conduct needs to stop, but management has so far ignored the situation. What should you do and why? - do nothing; if you report this conduct, you'll be ostracized by your co-workers; besides, its harmless horseplay - report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it before anyone else is injured - report the behavior to OSHA, and ask for an inspection; OSHA can't reveal your name, so no one will know (though the company may get in trouble)

report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it before anyone else is injured

Privacy rights arise from the U.S. Constitution's Fourth Amendment. - True - False

False

To be part of the same bargaining unit, employees must have sufficient community of interests and similar skill sets. - True - False

True

Under the some circumstances, employers can refuse to restore key employees to their previous positions pursuant to the Family and Medical Leave Act. True False

True

An employee would likely prefer this kind of pension plan: - a defined benefit plan - a defined contribution plan - a hybrid plan

a defined benefit plan

"Serious health conditions" include: -pregnancy -all conditions that require hospitalization -all conditions that require treatment by a health care provider -all of these

all of these

Which of the following factors is NOT relevant to a determination of an "appropriate bargaining unit?" - similarity of skill - interrelationship of tasks - common supervision - common salaries

common salaries

The most significant FLSA exemptions are those for white-collar workers, namely, executive, administrative and professional. -True -False

True

Which of the following statements is NOT true? -Employers should establish clear procedures for employees to report and request pay for extra work performed -Employers should not dock the pay of non-exempt employees -Employers should provide equal pay for substantially similar jobs done by men and women -Employers should permit employees to work overtime without permission whenever they feel it is necessary

Employers should permit employees to work overtime without permission whenever they feel it is necessary

Defined benefit plans are the less-regulated version of pension plans under ERISA. - True - False

False

Employers must provide benefits in the form of basic health insurance, paid vacation and pensions. - True - False

False

Regarding representation election procedures, which of the following statements is true? - at least 50% of the employees in a bargaining unit must sign authorization cards - an employer may recognize a union only if at least 50% of the employees in a bargaining unit have signed authorization cards - if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days - the time between when an election is ordered and when it takes place is the time of least scrutiny of the activities of the employer and the union

if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days

In a case in which two managers broke into a locked restroom and snapped a revealing photograph of a male employee while he was urinating, then circulated it around the office, the managers committed the tort of: - false imprisonment - intentional infliction of emotional distress - placement in a false light - appropriation of name or likeness

intentional infliction of emotional distress

Just cause is required for the discipline or discharge of unionized employees because: - the Constitution requires it - labor agreements require it - the National Labor Relations Act requires it - arbitrators prefer the just cause standard to employment at will

labor agreements require it

This occurs when a party takes action in reliance on the promise of another, who then breaks that promise. - promissory estoppel - intentional interference with a contractual relationship - retaliation for an act supporting public policy - constructive discharge

promissory estoppel

Which of the following is among the things that must be shown in order for two jobs to be considered "equal work"? - they must have the same or very similar job titles - the jobs must be of comparable worth to the employer - there must be substantial overlap in the duties and tasks performed - they must have the same or very pay rates

there must be substantial overlap in the duties and tasks performed

In the event of the serious injury or illness of a service member incurred while on active duty, the maximum period of leave under the FMLA during a 12 month period is: -six weeks -twelve weeks -twenty weeks -twenty-six weeks

twenty-six weeks

. Your boss has told you that he suspects that his wife (whose desk is next to yours) is cheating on him, and having an affair with another man. Because your desk is next to hers, he has asked you to check her computer for evidence of this when she steps away from her desk, which she frequently must do. In the past, she has asked you to watch for urgent emails from customers and others while she was gone, and to page her, which you have done. So even if she came back unexpectedly and found you at her computer, it would probably not arouse her suspicion. Although you are reluctant to do this, he is your boss, and could make things difficult for you. What should you do? - Do it even though you're reluctant to do so. You have nothing to lose and everything to gain. If it turns out she is having an affair, he needs to know, and if there's no evidence of it, he will be relieved - and grateful. - Don't do it, even though your boss will may not understand. Tell him that if the situation were reversed, that is, if she was asking you to spy on him, you wouldn't do that, either. Tell him that this is a private matter, between him and her. Hope that he understands.

Don't do it, even though your boss will may not understand. Tell him that if the situation were reversed, that is, if she was asking you to spy on him, you wouldn't do that, either. Tell him that this is a private matter, between him and her. Hope that he understands.

In order to take advantage of the religious organization exemption, the religious organization must prove a BFOQ based on religion. True False

False

Only full time employees are covered by workers' compensation programs, not part-time workers or independent contractors. - True - False

False

The Fair Labor Standards Act governs the minimum wage across the country, and preempts state and local laws. -True -False

False

The OSH Act created two new agencies. - True - False

False

The escalator principle is a doctrine that permits employees absent under the FMLA to be promoted to the positions they would have obtained if not absent. True False

False

The specific actions that constitute "reasonable accommodations" for disability are set forth in the Americans with Disabilities Act. True False

False

Unless an employee has a written contract of employment for a term of years, she can not sue for termination based on contract. - True - False

False

Amanda is an employee at a high end department store in the HR department and has been in her office all day. After a pair of diamond earrings are found missing from the jewelry department, Mike, the store manager has every employee in the store brought together pursuant to an investigation. Which of the following is true? - because the missing items are extremely small, Mike can order Amanda into a room to be strip searched by Hilda, the head of security - Mike can go through the contents of Amanda's purse as long as he doesn't touch her physically - Mike can search Amanda's desk - Mike cannot legally conduct a search of Amanda's person, belongings or office

Mike cannot legally conduct a search of Amanda's person, belongings or office

As the new Assistant Human Resources Manager, you now have access to the salaries of all of the staff at your firm, and discover that the sole female salesperson on the staff is being paid significantly less than her male counterparts, although she has the same educational background and experience. Within about 6 months, you are to replace the current Human Resources Manager, an "old school" kind of fellow who is retiring. But since you are newly hired, you are reluctant to "make waves." Considering your duties and also the protection of your career, which of the following options would NOT be advisable? - Tell the current "old school" HR Manager that the lower salary of the female salesperson is illegal, and that he must immediately raise her pay, or you will tell the salesperson that she should file an EEOC claim - Ask the current HR Manager if he is aware that the female salesperson is receiving a lower salary for the same work, which could cause a claim to be filed against the firm, and ask what he thinks should be done - Do and say nothing yet, awaiting the day when you assume the role of HR Manager; then take steps to raise the saleswoman's pay to compare with that of her male colleagues, without telling her why

Tell the current "old school" HR Manager that the lower salary of the female salesperson is illegal, and that he must immediately raise her pay, or you will tell the salesperson that she should file an EEOC claim

Which of the following laws mandates that medical information obtained from current employees must be job-related and consistent with business necessity? - The Privacy Act - The Americans with Disabilities Act - The National Labor Relations Act - The Occupational Safety and Health Act

The Americans with Disabilities Act

An employee of a family-owned car dealership suffered an injury while lifting computer equipment on the job. The employee reported the injury to the HR department, and sought worker's compensation benefits. The owner of the car dealership was convinced that the injury was actually incurred in a stockcar accident, and told a supervisor to get the employee to sign a form waiving his right to receive worker's compensation for the injury. The supervisor (a brother of the owner) was told that if he didn't get the employee (who happened also to be his son) to sign the waiver, both of them would be fired. A waiver was never signed, and both employees were terminated. They sued. All of the following are most likely true, EXCEPT: - The employee who was injured is exercising a legal right, and may not legally be terminated for doing so, based on the public policy exception to employment at will. - The employee who was asked to get a signed release for an on-the-job injury is refusing to perform an illegal act, and may not legally be terminated for doing so, based on the public policy exception to employment at will. - The owner of the car dealership is within his rights to try to reduce the costs to his company by any means possible - The owner's dinner table this Thanksgiving will likely be missing the owner's brother and nephew.

The owner of the car dealership is within his rights to try to reduce the costs to his company by any means possible

A clerical employee who has a special gift for languages is also disabled, and in a wheelchair. You have previously made his work area accessible, but he is now asking for a special accommodation - that you create a position for him in which he can use his language skills in translations, and not in clerical work. Which of the following statements is true? -The request is a reasonable one, and you should try to accommodate it -The request is not a reasonable one, so you don't have to accommodate it -There is no requirement under the ADA that an employer create a position for an employee who is disabled

There is no requirement under the ADA that an employer create a position for an employee who is disabled

Employees have the right to discuss with fellow employees the terms and conditions of work, even if there is no union at the business. - True - False

True

Privacy rights arise from the U.S. Constitution's Fourth Amendment. - True - False

True

The Pickering Balancing test requires that the court weigh the free speech interests of the employee and public against the government's countervailing interest as an employer to promote workplace efficiency and avoid workplace disruption. -True -False

True

The Migrant & Seasonal Protection Worker Act (MSPA) provides all of these requirements EXCEPT: -a minimum wage and overtime -disclosure of working terms and conditions at the time of hire -safe and sanitary housing and transportation -maintenance of wage and hour records

a minimum wage and overtime

Which of the following is required for a successful implied contract wrongful discharge claim? - a written contract signed by both the employer and the employee - a specific oral promise limiting employment at will - a clear and prominent written disclaimer - the financial situation of the employer has changed

a specific oral promise limiting employment at will

Protected concerted activities: - are engaged in with or on the authority of other employees - must be related to wages, hours, terms or conditions of employment - must not be extreme or abusive - apply to unionized workers but not to non-unionized workers

apply to unionized workers but not to non-unionized workers

You are the HR Manager for your company. One of your employees has been actively involved in demonstrations at City Hall, protesting the city's refusal to adopt any environmentally-friendly ordinances or practices. While at these protests, he is often wearing a company T-shirt, and you are concerned that news reports of the demonstrations will lead people to conclude that your company is protesting the city's environmental policies, something which your Board of Directors has not authorized. You should: - give the employee a "warning," the firs step in your employee handbook's progressive discipline process, warning him that he must stop protesting - tell the employee that you do not approve of his conduct, and that it will be taken into account when he comes up for a raise or promotion - ask the employee to wear some other shirt while protesting, so that people don't think your company is also protesting - terminate the employee

ask the employee to wear some other shirt while protesting, so that people don't think your company is also protesting

Regarding the monitoring and surveillance of employees, an employer could legally place video cameras in which of the following locations? - employee rest rooms - at an employee's computer workstation - in a changing room for company uniforms

at an employee's computer workstation

Under Title VII, the concept of "religion" is: -limited to membership in or affiliation with an established church or denomination -applicable to beliefs or practices that a church or denomination requires of its members -applicable to beliefs or practices centering on the worship of a God or other deity -broadly interpreted

broadly interpreted

Non-employee organizers: - have no rights under the NLRA and can be barred from entering workplaces - must be allowed to speak with employees during non-work times and in non-work areas - must be allowed into workplaces if the majority of employees desire their presence - can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist

can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist

Summary plan descriptions (SPDs): - must be provided to new employees before they begin their employment - provide a brief overview of the terms of employee benefit plans - can be the basis for claims that employees did not receive promised benefits - are not required by ERISA

can be the basis for claims that employees did not receive promised benefits

Under the NLRA, employees who go on strike: - can be terminated, but only after they are given an adequate opportunity to return to work - can be terminated, but only if the strike is an economic strike - can be permanently replaced, but only if the strike is an unfair labor practice strike - cannot be terminated for going on strike

cannot be terminated for going on strike

Regarding employment benefits, the general rule is that: - employers are legally required to provide employment benefits in the form of basic health care, vacation pay, and pension or profit sharing plans - employers are legally required to provide basic health care, but no other benefits, although they may do so voluntarily - only employers with 50 or more employees are legally required to provide basic health care, but no other benefits, although they may do so voluntarily - employers are not legally required to provide health care or pension plans

employers are not legally required to provide health care or pension plans

Regarding the termination of individual employees, it is NOT correct to say that: - the rights of the employee will depend upon whether she works in the private sector or the public sector - employers can effective avoid the legal consequences of termination by effectively (but not officially) discharging employees - the rights of the employee will depend upon whether he works in a facility that is unionized - the employer must follow the procedure for termination set down in the employee handbook

employers can effective avoid the legal consequences of termination by effectively (but not officially) discharging employees

Which of the following is NOT true regarding compensatory ("comp") time? -employers cannot require employees to use up their accrued comp time if employees do not wish to do so -the maximum amount of comp time that can be banked is capped at 240 hours for most employees -hours in excess of banked comp time must be paid for in cash -employers can require employees to use up their accrued comp time even if employees do not wish to do so

employers cannot require employees to use up their accrued comp time if employees do not wish to do so

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that: -all persons returning from military service must be reemployed -employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions -employers continue to provide at least partial pay to employees serving in the military for up to 24 months

employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions

Which of the following is true of workers' compensation? - employees are compensated for workplace injuries and illnesses as long as the employer's negligence played a part - experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer - because employees are hurt through no fault of their own, workers' compensation is designed to replace all of the income lost due to inability to work - employers can always avoid paying workers' compensation if it can be shown that the employee's own careless actions contributed to the injury

experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer

In DirecTV v. NLRB, 26 service technicians were fired after appearing on a television news show to complain about their employer's instructions about how to persuade customers to install phone connections for their satellite television service, and the charge-backs to employees' pay if they did not procure such connections. Phone connections were not necessary for the service to work, but the company earned more money if phone connections were installed. Regarding the terminations, the court ruled: - for the employer, since it is not a protected concerted activity for an employee to make disparaging remarks to 3rd parties, since it shows disloyalty - for the employer, because its business policies were within its discretion - for the employees, because they did not speak disparagingly about their employer - for the employees, because they although they spoke disparagingly about their employer, it was substantially truthful, and concerned an ongoing labor dispute

for the employees, because they although they spoke disparagingly about their employer, it was substantially truthful, and concerned an ongoing labor dispute

In R. Williams Construction Co. v OSHRC, a trench collapsed at a construction site, killing one worker, and severely injuring another. A hydraulic jack supporting the wall had been removed, and the walls of the trench were not sloped, as required by OSHA regulations. The construction firm argued that, although it did not know what the OSHA requirements were, its employees had much work experience and common sense, and they talked about safety "all the time." The OSHRC ruled: - for the employer, because of the several years of experience of its workers - for the employer, because the employees frequently talked about safety - for the workers, because there was a death and a serious injury - for the workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

for the workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

A very troublesome employee has just told you that he wants to apply for FMLA leave because his wife is seriously ill. He has taken leave before because of her illness, and depending upon how you calculate it, may have already taken the maximum amount for the year. You know that if you use a "rolling 12 month period," he will not qualify, and if he is denied leave, he may actually quit, which would make many people happy. However, your firm's leave policy does not specify how leave taken will be calculated, which means that if he sued and the case went to litigation, the court would apply a "calendar year" calculation for the leave requested, since you've just begun a new calendar year, and under that calculation, he would be entitled to leave. Of the following choices, what should you do? -deny the leave, and take your chances; tell him that he's already had the maximum leave under the "rolling 12 month" calculation. He's been far too troublesome for the firm, and his leaving would be a good outcome -deny the leave, but tell him that it's because has not been a productive employee, and when he improves, you'll consider more leave -grant the leave, and take your chances; maybe he'll straighten out when he comes back -grant the leave, and ask how he's doing; tell him that when he comes back, you'd like to sit down with him and see if you can help him resolve the trouble he's been having at work

grant the leave, and ask how he's doing; tell him that when he comes back, you'd like to sit down with him and see if you can help him resolve the trouble he's been having at work

A woman wrenched her back participating in a limbo contest on the weekend. Feeling better, she went to work at her job as a secretary on Monday. Lifting a box of copier paper, she experienced severe back pain and needed immediate medical attention. She was off from work for two weeks due to the injury and filed a claim for workers' compensation. If her employer contested the claim, the most likely outcome of the case would be: - denial of the claim because the injury did not occur in the course of employment - denial of the claim because, under the usual exertion rule, the injury did not arise out of employment - granting of benefits because, under the usual exertion rule, the injury arose out of employment - granting of partial benefits due to the pre-existing injury

granting of benefits because, under the usual exertion rule, the injury arose out of employment

HIPAA, the Health Insurance Portability and Accountability Act provides all of these EXCEPT: - it greatly restricts the use of the pre-existing exclusion - it provides that exclusionary periods can be no longer than 30 days - it provides that pregnancy cannot be deemed a pre-existing condition - it provides that a certificate of creditable coverage reduces the exclusionary time period for a pre-existing condition

it provides that exclusionary periods can be no longer than 30 days

In order to be a "qualified individual with a disability," a disabled person must: -meet the same, job-related education, skill, and background requirements as other job candidates or employees -not pose a direct threat others but may pose a threat to his or her own health -be able to satisfactorily perform all of the functions of a job -not require an reasonable accommodation

meet the same, job-related education, skill, and background requirements as other job candidates or employees

Under the duties test, in order to be classified as exempt, an employee: -must perform the duties of an executive, administrator, or professional -must work in an office setting -must have a job title that includes the word executive, administrator, or professional in the title -must earn at least $550/week

must perform the duties of an executive, administrator, or professional

The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is: -not limited for employees 16 years of age and over -limited to forty hours per week for employees under 16 years of age while school is in session -not limited for employees 16 years and over, but it must equal no more than 40 hours a week when averaged across any two work weeks -limited to 50 hours per week for employees who are non-exempt, but there is no limit for exempt managers and professionals.

not limited for employees 16 years of age and over

As the Assistant Human Resources Manager, you have access to the employment files of all of the employees, including management. You have inadvertently learned that the Vice President of Sales has tested positive for the HIV virus. You know that he is married, but doubt that he's told his wife. What should you do? -call his wife, and tell her that you regret you must give her some bad news; then, simply tell her -call his wife, but ask to come and see her in person; this is not the sort of news that one should deliver by telephone -talk to the Human Resources Manager, and ask her advice -nothing

nothing

Which of the following is an element of an intrusion upon seclusion privacy tort claim? - one party intentionally pries into the private affairs of another - the broad disclosure of private information to others - the use of private information by others for their own benefit - all of these

one party intentionally pries into the private affairs of another

Regarding a perceived disability, it is correct to say that: -people who are not disabled, but are erroneously regarded as being disabled are protected by the ADA -managers should not learn about any medical restrictions placed on their employees before making decisions about their suitability for employment opportunities -only people who are perceived as having a mental disability come under this category -people who are regarded as disabled even though they are not, are not entitled to a reasonable accommodation

people who are not disabled, but are erroneously regarded as being disabled are protected by the ADA

"Hopalong" Jones was a cowboy working on a cattle ranch out west. He has worked at the ranch for three years and done an excellent job. He is also a two time bull riding champion at the state rodeo competition. He is fired when he admits to being gay. -Hopalong is protected under the protected sex classification under Title VII -since being a cowboy is such a macho job, being heterosexual is considered a BFOQ -sexual orientation is a protected class in some states but not in others -Hopalong has no federal or state protection regarding his sexual orientation

sexual orientation is a protected class in some states but not in others

You have just been hired as the new Assistant Human Resources Manager at your firm, having worked your way up from the factory floor to the administrative suite. During your briefing for the new job, you are told that the firm has learned that its employees are attempting to unionize, a move which the firm has vowed to fight. As part of that effort, your boss, the HR Manager, has asked you to privately talk to some of your former co-workers on the factory floor to see what their thinking is, to learn about how many are in favor of unionizing, who, specifically, is supporting it, and what might make them change their minds. Among the things they want to know is what would work better - threats of reprisals against those supporting a union, or promises of benefits to those who oppose it. You are eager to do well at your new job, but you see some problems with these requests. Of the following choices, which is your best option? - do as they ask; none of it is illegal - tell them you can't do what they ask because it is illegal - tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice

tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice

Which of the following is an element of a prima facie case of failure to reasonably accommodate religion? -that a specific reasonable accommodation was requested by the plaintiff -that a conflict exists between a sincere religious belief or practice and an employment requirement -that the requested accommodation would not impose undue hardship

that a conflict exists between a sincere religious belief or practice and an employment requirement

The Mental Health Parity and Addiction Equity Act requires: - that employers include mental health conditions in their health insurance coverage - that employers include addiction in their health insurance coverage - that if employers include mental health conditions in their health insurance coverage, they must do so at the same level and under the same terms as medical and surgical treatments - that employers treat employees with mental health difficulties the same as those with addiction problems

that if employers include mental health conditions in their health insurance coverage, they must do so at the same level and under the same terms as medical and surgical treatments

After a troublesome time with a new manager, an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out, all of her belongings were in boxes, and her office was being used for storage. While she was on vacation, her new supervisor had called, asking where certain documents were located. When he found the employee's answer unsatisfactory, the supervisor said, "Well, this is the last straw." What is the best assessment of this situation? - the employee has suffered discrimination - the employee has suffered a constructive discharge - the employee has quit

the employee has suffered a constructive discharge

An employee who had taken periods of FMLA leave over a two year period was terminated for poor attendance because of those absences. She brings suit under the FMLA. What should the court rule? -the employer did not violate the FMLA because the employee was granted leave -the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave -the employer violated the FMLA because all employees become eligible for up to 12 weeks of leave at the start of each new calendar year; "rolling" calendars are illegal -the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

Your office is being expanded, which is good, but the noise of construction is bothering some workers. Some complain of headaches, others of hearing problems. If you are the Safety Director for the firm, which of the following would you recommend as the best remedy? - the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site - the construction firm should be ordered to work more quietly - those who are suffering from hearing problems and headaches should go home - nothing; there is nothing that can legally be done

the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site

About ERISA, the Employee Retirement Income Security Act, it is correct to say that: - the law governs only pension plans - the law governs benefit plans broadly, not just pension plans - the law only applies to "welfare" plans

the law governs benefit plans broadly, not just pension plans

Regarding an employer's obligation to accommodate disability and religion, it can be said that: -the obligation to accommodate in these areas is consistent with the employer's obligation to accommodate in other areas of the employment relationship -the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship -the obligation to accommodate is voluntary, except for federal employers -both the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship and the obligation to accommodate is voluntary, except for federal employers only

the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship

Regarding workplace privacy, which of the following statements is NOT true? - under the 4th Amendment to the U.S. Constitution, federal government employees enjoy protection from unreasonable searches and seizures while at work - under the 4th Amendment to the U.S. Constitution, private employees enjoy protection from unreasonable searches and seizures while at work if their employers are federal contractors - searches of a private employee's work area must be reasonable in scope - to assert privacy rights, employees must be able to demonstrate a reasonable expectation of privacy

under the 4th Amendment to the U.S. Constitution, private employees enjoy protection from unreasonable searches and seizures while at work if their employers are federal contractors

An employment manual contains a notice and disclaimer that the employment is entirely "at will," and also contains a progressive discipline system which recites an escalating series of notices and warnings before termination. If an employee is terminated immediately, and the progressive discipline system is not followed: - the termination is justified because the manual contains an "employment at will" disclaimer - the termination is not subject to legal redress because the manual contains an "employment at will" disclaimer, so the employer had a right to terminate employment without conditions - the termination is suspect because the progressive discipline system was not followed - the termination is lawful because the employee did something wrong

the termination is suspect because the progressive discipline system was not followed

Which of the following is true of OSHA's permanent standards? - they must be followed without exception - they apply to firms in all industries - they are adopted only after a lengthy process of public hearings and documentation - they provide for the safest actions possible

they are adopted only after a lengthy process of public hearings and documentation

Which of the following is true regarding grievances? - they can be filed by individual employees and may be pursued by the individual with notice to the union - they can only be filed by the union on behalf of the individual - if the grievance cannot be resolved, either the union or the individual can decide to take the case to arbitration - if the grievance cannot be resolved, either the union or the individual can decide to take the case to mediation

they can be filed by individual employees and may be pursued by the individual with notice to the union

The Patient Protection & Affordable Care Act was challenged in a lawsuit alleging that the federal government exceeded its authority under the constitution by requiring that people buy health insurance. The case went to the U.S. Supreme Court, which ruled: - striking down the law, on the basis that the federal government had violated the commerce clause - striking down the law, on the grounds that nothing in the Constitution authorized the law - upholding the law as valid, on the grounds that it did not violate the commerce clause - upholding the law as valid, on the grounds that it constituted a tax on the lack of health insurance

upholding the law as valid, on the grounds that it constituted a tax on the lack of health insurance

Which of the following is true regarding vesting requirements under ERISA? - once pension rights vest, employees are entitled to receive full pensions upon leaving employment - once pension rights vest, employees' pension plans cannot be discontinued or changed - vesting usually occurs after five or seven years of service - vesting is never required but is purely a contractual provision negotiated between the employer and employee

vesting usually occurs after five or seven years of service

Regarding Workers' Compensation, which of the following statements is NOT correct: - workers' compensation is always an injured employee's exclusive remedy - pursuant to workers' compensation, the employer gives up its right to defend against liability for employee injuries with the Fellow Servant Rule - pursuant to workers' compensation, the employer gives up its right to defend against liability for employee injuries with assumption of the risk

workers' compensation is always an injured employee's exclusive remedy