Law chapter 15, 16, 17

About one in ____ working-age people have, at some point, a substance-abuse problem.

1 in 8

The Americans with Disabilities Act was passed in:

1990

Title VII of the Civil Rights Act protects all of the following classes from employment discrimination except:

All women who are not pregnant race national origin color

Remedies for victims of unlawful discriminatory employment practices cannot include:

All attorney's fees artificial seniority back pay and attorney's fees only back pay

If, at a trial for employment discrimination, the employer offers a job-relevant rationale for the decision that was made that the plaintiff is claiming is in fact discrimination, the plaintiff must show that the employer's rationale is what is called a:

Pretext

Concern about work safety and health:

Started with the state regulation of coal-mine safety that started in the late 1800s

One agency created in the 1930s was the Federal Communications Commission.

True

In relation to the term "sex discrimination

courts have played a major role in defining the term

Workers will not be protected under the NLRA if:

they engage in threats or acts of violence

Which of the following is not an objective of the workers' compensation law?

to encourage the use of the federal court system to resolve the rights of injured employees correct: to provide a remedy that reduces court costs and time delays associated with personal injury litigation o encourage employer interest in safety and rehabilitation of workers through an insurance scheme that bases rates on the experience rating of the employer to prevent charity from being the only source of help for the victims of industrial accidents to provide reasonable income and medical benefits for work-related accident victims, regardless of fault

A random drug test for would be most likely to be justified by an employer for:

truck driver

The Supreme Court has held in several cases that unions are not to use agency fees for political purposes without permission. As a result:

unions generally ignore the law

Under Title VII, officially recognized racial classes include:

whites, Native Americans and Hispanics

A trucking company has employees who load 100-pound sacks on trucks. Of those who apply for the jobs, one man in three can lift 100-pound sacks, but only one woman in fifty. As a result, all 40 employees are men. In sex discrimination suit, the most likely result will be that the company will:

win because there is a business necessity that produces the all male workforce

Under ERISA, all employees are eligible for participation in a company's employee benefit plans if the employee:

works full time and has worked for the company for at least one year

Which of the following is not subject to mandatory bargaining?

All holidays drug testing no-strike clauses retirement plans

If the National Labor Relations Board determines that an employer has committed an unfair labor practice, which of the following remedies may it impose on the employer?

All issue an order requiring the employer to bargain with the union issue a cease and desist order against the employer force the employer to provide back pay for lost wages post notices in the workplace of the employer's unfair practices

The federal labor code, which consists of various major pieces of legislation is generally referred to as the:

National Labor Relations Act

Carl works at a unionized workplace where the collective bargaining agreement requires all employees to pay union dues or agency fees. He refuses to join the union, which demands he pay an agency fee, part of which would be used for political purposes. Assuming this is not a right-to-work state:

None Carl may not be forced to pay any fees to the union union dues and agency fees must be equal Carl must pay whatever agency fees the union believes necessary to fulfill its mission Carl may not be forced to pay union fees or be represented by a union without permission

When the effect of a hiring or promotion decision is intentionally discriminatory it is called:

None McDonnell-Douglas discrimination disparate impact pretextual treatment mixed motive qualification

The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the:

None U.S. Civil Rights Commission Department of Labor Equal Pay Commission National Labor Relations Board

Because of past racial discrimination, senior employees at a plant are all white. The junior workers are racially mixed. A reduction in business forces the firm to fire half its workers. To protect the racial composition of the workers, the company will layoff white older workers. This policy is likely to be viewed by the courts as:

None a legal way to preserve the racial mix of the work force an illegal violation of a bona fide occupational qualification an illegal violation of the rights of the senior workers that can be corrected by laying-off junior white workers to preserve the jobs of the junior black employees a legal way to create the equivalent of an affirmative action program

Many employers monitor the e-mail their employees send and receive at work. The courts have held that this practice is legal:

because e-mails are being transmitted on company time and property.

The National Labor Relations Board has jurisdiction over labor cases involving:

employees working for businesses where a labor dispute would affect interstate commerce and employers engaged in interstate commerce

The Norris-La Guardia Act prohibits:

federal courts from issuing injunctions in nonviolent labor disputes

The Age Discrimination in Employment Act holds it illegal to discriminate in employment against:

persons over the age of 40

Under the whistle-blower exception to the general rule of employers having the right to dismiss employees:

private employers are less likely to be subject to whistle-blower exceptions than are public sector employers

A right-to-work law:

prohibits agency shops in states that pass such laws and allows some employees to free-ride in the collective bargaining process and protects non-union members from having to pay agency fees

In varying degrees across the states, the courts do not look with favor on certain contracts that at times are made part of the employment arrangement, which of the following is not in that category:

substance abuse agreements

For the NLRB to oversee a representation election, at least what percent of employees must request an election?

30%

About how many federal agencies share the responsibility for regulating various aspects of business activity?

50

If the National Labor Relations Board determines that an employer has committed an unfair labor practice, which of the following remedies may it impose on the employer?

All it may not impose jail time for order violations issue a cease and desist order against the employer force the employer to provide back pay for lost wages post notices in the workplace of the employer's unfair practices

The hazard communication standard requires employers using hazardous chemicals to do all but which of the following?

All keep Material Safety Data Sheets with every hazardous chemical container have a written hazard communication program label all hazardous chemicals give employees material about the hazardous communication requirements and train them to detect hazards

The Family and Medical Leave Act does not apply to:

All new employees key employees small employers with less than 50 employees

The benefits of workers' compensation do not cover:

All temporary partial disability death expenses permanent partial disability temporary total disability

For a work force to unionize which of the following will normally happen?

All a committee of interested employees will be formed a union agent will contact employees to determine the level of interest in unionization authorization cards asking for an election will be issued an employee, or group of employees, will contact a union for assistance

Unions and employers who negotiate contracts have a duty to bargain in good faith. This means both sides must do all of the following except:

All of the other choices are elements of good faith bargaining must explain reasons behind certain proposals must be willing to make proposals agree to meet at reasonable times must consider proposals of the other party

Carl works at a unionized workplace where the collective bargaining agreement requires all employees to pay union dues or agency fees. He refuses to join the union, which demands he pay an agency fee, part of which would be used for political purposes. Assuming this is not a right-to-work state:

Carl must pay agency fees, but is not supposed to have to pay fees to support political activities

If an investigation of a discrimination charge is not settled by the EEOC working with the employer and complaining employee, to carry the case further, the:

EEOC issues a "right-to-sue" letter giving the employee the right to sue the employer

The first federal administrative agency was the Federal Trade Commission.

False

Historically, the common law permitted employers to:

Hire and fire which ever workers they wished

Which of the following situations is likely a violation of Title VII:

None a Hispanic woman with a poor command of English is rejected for consideration to be an operator at a 911 emergency center an older man is rejected for consideration for being hired at a law firm because he does not have a law degree a man convicted of child molestation is rejected for employment at a day care center a Catholic priest is refused a job teaching at a Baptist seminary

A place of employment where all employees are represented by a union and most employees are union members, but non-union workers must pay fees to the union, is called:

None a closed shop an NLRB shop a union shop a yellow-dog shop

An unfair labor practice case is decided by the National Labor Relations Board. If one of the parties to the case is unhappy with the decision or refuses to comply with the order, the appeal will go to:

None a magistrate no appeal is allowed; enforcement is by U.S. marshal federal district court an administrative law judge

primary boycott is:

None a strike against the supplier of a firm that is involved in a labor dispute an unfair labor practice under the NLRA a strike that involves a firm besides the firm whose workers are on strike all of the other specific choices

A primary boycott is:

None a strike that involves a firm besides the firm whose workers are on strike an unfair labor practice under the NLRA a strike against the supplier of a firm that is involved in a labor dispute

An employee who works at a grocery store for many years as a check out clerk becomes unable to operate the cash register because of pain in her fingers that has developed from pushing keys on the cash register for so long. Unqualified for any other job at the store, she is dismissed and sues for disability discrimination. Most likely she will:

None be granted damages equal to the pay she would have collected had she remained at her position until retirement be ordered reinstated into her previous job with an assistant to run the register (an accommodation) be granted whatever amount of damages the jury wishes to award be granted another position in the store as soon as one become available; she must be given priority in hiring

XYZ moves from New Jersey (a non-right-to-work state) to Texas (a right-to-work state). The union continues to represent XYZ's employees. In Texas, employees can:

None be required to join the union after 30 days on the job force the union to pay them a sum equal to union dues be required to join the union before they start to work be forced to pay fees to the union, but do not have to join the union

In non-right-to-work states, employees at unionized workplaces are required to pay agency fees, equal to a large percent of union dues, if they refuse to pay union dues. According to the Supreme Court, a union may:

None collect agency fees from non-members to use for political purposes since that is a "basic union activity" collect agency fees from non-members for political purposes only if they fully disclose how the funds are spent not charge union dues or agency fees in excess of the actual costs of administering the collective bargaining process not collect agency fees from non-members if the union is involved in any political activities

An example of quid pro quo sexual harassment would be:

None discussing sexual activities at work commenting on the physical attributes of another worker showing sexually explicit photos saying demeaning things about women

The intent of the Norris-La Guardia Act was to:

None egulate internal finances of labor unions legalize all union tactics allow unions to name two representatives to the National Labor Relations Board let striking employers file for injunctions against striking workers

John and Lisa are candidates for promotions. John is 34, Lisa is 56. John is given the promotion. Management decided that since Lisa has said she plans to retire in four years, promoting her would make little sense. In this case, the company:

None had a bona fide occupational qualification exemption for the decision had a legitimate reason for denying the promotion had a compelling reason for denying the promotion engaged in a forced retirement scheme

A black and a white employee committed the same offense. The black employee was disciplined but not fired, the white employee was fired. The Supreme Court held that this treatment was:

None legal under Title VII proper if the employer had an affirmative action program to favor black employees proper since whites are not protected by Title VII and, therefore, cannot claim protection proper, since under Title VII minorities may be given preferential treatment

A trucking company has employees who load 100-pound sacks on trucks. Of those who apply for the jobs, one man in three can lift 100-pound sacks, but only one woman in fifty. As a result, all 40 employees are men. In sex discrimination suit, the most likely result will be that the company will:

None lose because physical tests for hiring are illegal lose because the statistics prove the structure of the employment situation is discriminatory win because the work involved is traditional male work lose because it could make smaller sacks smaller, which would increase the number of women who would be eligible

Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by:

None raising the wages received by men giving stock options to the group discriminated against lowering the wages received by men lowering the wages received by women

Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal:

None regional differences BFOQ pattern of paternalism dissolute impact

The Family and Medical Leave Act:

None requires three months paid leave for childbirth applies to all private employers applies only if spouse or child is seriously ill applies only to governmental units

"Yellow-dog" contracts, in which employees agree not to join a union as a condition of employment, were made unlawful by:

None the Landrum-Griffin Act the Wagner Act the Civil Rights Act of 1964 the Taft-Hartley Ac

A collective bargaining agreement ends and the union and management continue to bargain for a new contract while the workers go on strike. Management hires new workers to replace the union workers on strike. By law, when the strike ends:

None the new collective bargaining agreement must provide higher wages than the previous contract and the new wage level will apply to all workers all union workers must be returned to their previous positions the replacement workers must become union members and be paid union wages all replacement workers must be dismissed unless the union agrees to accept them

The Equal Pay Act allows differences in wages between men and women employees if the differences are due to:

a system that measures earnings by quantity produced or a merit system or a seniority system a merit system

This ad was seen in a publication: "Wanted: Assistant to the President. Great job opportunity for bright, young, hard working person to work with President of a major private university." This ad is most likely to violate:

age discrimination laws since "young" is probably not over the age of 40

Employment-at-will:

allows employers to discharge employees for any reason at any time subject to contract obligations and has been restricted by legislatures in some states that recognize some public policy limitations on the employer's right to fire an employee

When an employer, union or employee files a labor practice complaint with the National Labor Relations Board it goes to:

an administrative law judge for resolution if the NLRB staff finds merit in the compliant

Which of the following is a provision of the Government in the Sunshine Act?

an agency action taken at a meeting in violation of the Act is invalid

In non-right-to-work states, employees at unionized workplaces are required to pay agency fees, equal to a large percent of union dues, if they refuse to pay union dues. According to the Supreme Court, a union may:

collect agency fees from non-members, but must explain how fees are determined so that the non-members do not have to pay fees used for political purposes

Unions and employers who negotiate contracts have a duty to bargain in good faith. This means both sides must do all of the following except:

come to a final agreement

To promote productive collective bargaining, Congress provided for certain activities to be protected under the National Labor Relations Act. Protected activities are:

concerted activities

Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal:

disparate treatment

When the effect of a hiring or promotion decision is intentionally discriminatory it is called:

disparate treatment

Suppose a newly hired utility repairman has a fear of heights that means he cannot climb ladders or telephone poles to do repairs. This condition of his:

does not qualify as a disability, so he could be fired

The first federal law that specifically addressed equal employment issues was the:

equal pay act of 1963

Workers' compensation law:

gives an employer immunity from employee tort suits arising from on-the-job accidents

The Rehabilitation Act and the Americans with Disability Act define a person with disability as one who:

has a physical impairment which substantially limits a major life activity or has a record of having a serious physical impairment

An employee who works at a grocery store for many years as a check out clerk becomes unable to operate the cash register because of pain in her fingers that has developed from pushing keys on the cash register for so long. Unqualified for any other job at the store, she is dismissed and sues for disability discrimination. Most likely she will:

have the suit dismissed as she is not disabled for other employment

Surveys show that people may prefer to deal with members of their own race. A company assigns white salespersons to white clients, and Hispanic salespersons to Hispanic clients. This makes commissions to all the salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are:

illegal disparate treatment under Title VII

Charles owns a club whose patrons are mostly African-American. He hires only African-Americans to serve drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue that the reason he denied Li the job is because being African-American is a bona fide occupational qualification, a court would find that Charles:

is wrong; he has illegally discriminated

Title VII applies to regular private employers; which of the following does it not apply to?

it applies to all of the other specific choices

A male model claims that his income is lower than it would be because of the domination of women in the modeling industry. He is capable of modeling women's clothing and sues the modeling agency for sex discrimination for not hiring him. The court is likely to find that he:

loses because of bona fide occupational qualification

The main purpose of the Landrum-Griffin Act is to have:

more detailed regulation of internal union affairs

Employees may be required to sign, as a condition of employment, an agreement that they will not leave the company and go to work for themselves or a competitor firm in a position that could inflict competitive injury on the employer. This is called:

non compete agreement

The National Labor Relations Board:

none has members appointed for life is headquartered in New York City is appointed by the Secretary of Labor ten board members (it has 5)

Which of the following actions by workers is subject to court action, such as an injunction being issued against the workers:

none when workers refuse to sign a contract, as a condition of employment, that they will not join a union when workers attempt to get other workers to join in picketing a company when a union pays unemployment benefits to striking workers when workers talk to the media about the details of a labor dispute at a company

In general, to require job applicants to pass an aptitude tests is:

none of the other choices valid if one of the tests certified by the Department of Labor valid if given to every job applicant at a company invalid because they are related to job performance valid if given only to minorities

A strike by workers against their employer whose collective bargaining agreement is in question is called:

primary boycott

The main objective of the Employee Retirement Income Security Act of 1974 (ERISA) is to:

promote the growth of private pension plans and guarantee the expectations of those plans

Protected concerted activities under the NLRA, that covers all workers, unionized or not, include:

refusal to work in freezing conditions without protection and refusal to work due to conditions that endanger health and refusal to work because of unreasonable hazards

Which of the following are public-policy exceptions recognized by most states as limits to the employment-at-will doctrine allowing termination of employees?

refusing to commit an illegal act and performing a public duty (reporting for jury duty) and exercising a right (filing for workers' compensation)

Which of the following is a condition not considered a disability under the ADA:

sexual behavior disorder Correct: a history of alcohol abuse some one cured of cancer history of drug abuse

The hazard communication standard requires employers using hazardous chemicals to do all but which of the following?

store all hazardous chemicals in a separate facility away from the main workplace

An employer has 1,000 employees of which 550 are suddenly terminated without notice. Under the Worker Adjustment and Retraining Notification Act, the fired employees can:

sue for up to 60 days back pay plus fringe benefits

Which of the following are examples of illegal discrimination under the Pregnancy Discrimination Act?

suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition

The Office of Federal Contract Compliance Programs (OFCCP), which monitors the affirmative action programs of federal contractors, was established in response to:

the Federal Contract Equity Act

The National Labor Relations Act was enacted in parts. Which law(s) is(are) part of it?

the Landrum-Griffin Act and the Wagner Act and the Taft-Hartley Act

"Yellow-dog" contracts, in which employees agree not to join a union as a condition of employment, were made unlawful by:

the Norris-La Guardia Act

If a plaintiff establishes a prima facie case of employer discrimination, what happens?

the burden of proof shifts to the employer

A lockout occurs when:

the employer refuses to permit employees to work until a labor dispute is settled