BUL2137, Employment Law, Final
T/F, Title VII prohibits both religious discrimination and religious harassment.
True
The _____ declared that yellow dog contracts were inconsistent with U.S. public policy and not enforceable in any court in the United States. A) Labor Management Relations Act B) Taft-Hartley Act C) Wagner Act D) Norris-LaGuardia Act
D) Norris-LaGuardia Act
Anders is a customer service representative at FlyOurWay Airlines. He confided in one of his co-workers that he tested positive for HIV, but the co-worker spread the news around the office. Soon, several of Anders's co-workers ostracized him and refused to work with him. He was also constantly subjected to verbal abuse by his co-workers. Anders reported these incidents to his supervisor, and his supervisor fired him. Which of the following holds true in this case? A) Anders has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyOurWay took an adverse employment action by firing him. B) Anders does not have a discrimination claim based on hostile work environment under the Americans with Disabilities Act because his disability is not outwardly evident. C) Anders has a claim for hostile work environment harassment under the Americans with Disabilities Act because he did not request any accommodations from his employer. D) Anders does not have a claim for hostile work environment harassment under the Americans with Disabilities Act because the act does not cover employees working for private employers.
A) Anders has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyOurWay took an adverse employment action by firing him.
Cara has been a customer service associate at Dalton Department Store for 10 years. Her role involves providing assistance to customers in the store. She converts to Islam and reports to work wearing a hijab, which is a full-body cloak with a small mesh-like screen to see through. Her employer tells her that wearing a hijab violates the company's dress code for her job profile and asks her to change her attire. Cara refuses to oblige. Her employer, after much deliberation, informs her that she can continue to work in the customer service department and provide assistance over the telephone—a role that requires no face-to-face interaction with a customer. This role change is offered to her without any reduction in pay or other benefits. Which of the following is most likely to be true in this case? A) Dalton Department Store is not liable under Title VII of the Civil Rights Act of 1964 because Cara was offered a reasonable accommodation that allowed her to retain her employment. B) Cara has an actionable claim under Title VII of the Civil Rights Act of 1964 because of the change in her job profile even though it is not considered an adverse employment action. C) Dalton Department Store is not liable for religious discrimination for the sole reason that the conflict did not exist at the time when Cara was hired. D) Cara does not have an actionable claim for religious discrimination because she was aware of the dress code before she decided to convert to Islam.
A) Dalton Department Store is not liable under Title VII of the Civil Rights Act of 1964 because Cara was offered a reasonable accommodation that allowed her to retain her employment.
Rosa, who works as a staff manager at Dundy's Inn, has a minor blood clot in her brain and thus goes on an extended 14 weeks of leave for her surgery. However, she is not able to completely recover within 14 weeks and asks Dundy for an additional two-week leave to recuperate. Dundy informs her that her position might no longer be available when she returns from her extended leave, and Rosa agrees. Which of the following holds true in this case? A) Dundy is obligated under the Americans with Disabilities Act to find a vacant position for Rosa at an equivalent level or, if not available, at a lower level when she returns. B) Dundy has no obligations under the Americans with Disabilities Act as it has already provided 14 weeks of leave to accommodate Rosa's disability. C) Rosa is entitled under the Americans with Disabilities Act to return to the same or equivalent position as that which she left when taking the leave but at a lower salary. D) Rosa needs to be terminated from her job because she took more leave than what is allowed under the Americans with Disabilities Act.
A) Dundy is obligated under the Americans with Disabilities Act to find a vacant position for Rosa at an equivalent level or, if not available, at a lower level when she returns.
Gina was severely burned in a house fire when she was a child. She has extensive disfiguring burn scars on her face and neck. She applied for the position of a cashier at Food End and was not hired, despite her qualifications, because the employer feared that customers would be repulsed by Gina's scars. Which of the following would be the most likely outcome if Gina files a discrimination claim under the Americans with Disabilities Act? A) Food End will be liable under the Americans with Disabilities Act (ADA) because of its perception that Gina was disabled even though she was perfectly capable of performing the job. B) Food End will not be liable under the Americans with Disabilities Act because refusing to hire someone based on their appearance does not violate the act. C) Food End will be liable under the Americans with Disabilities Act only if Gina can show that the employer does not have to provide any reasonable accommodations if she is hired as a cashier. D) Food End will not be liable because the Americans with Disabilities Act does not apply to private employers.
A) Food End will be liable under the Americans with Disabilities Act (ADA) because of its perception that Gina was disabled even though she was perfectly capable of performing the job.
Jillian, who works as a taxicab driver for All Time Cabs, is paid on an hourly basis. She makes less than $20,000 a year and regularly works 10 to 15 hours overtime per week. However, she is not paid for overtime. Which of the following is most likely to be true in this case? A) Jillian is entitled to overtime pay under the Fair Labor Standards Act of 1938 because she earns less than $23,660 per year. B) Jillian is not entitled to overtime pay because non-professionals are exempt from the overtime provisions of the Fair Labor Standards Act of 1938. C) All Time Cabs has to provide Jillian overtime compensation only if it can be shown that its revenue crosses $100,000 per annum. D) All Time Cabs does not have to provide Jillian overtime compensation because under the Fair Labor Standards Act of 1938, taxicab drivers are not entitled to receive minimum wages or overtime compensation.
A) Jillian is entitled to overtime pay under the Fair Labor Standards Act of 1938 because she earns less than $23,660 per year.
Adriana, who has been diagnosed with multiple cysts in her kidney, has to undergo surgery. Two months after the diagnosis, she begins employment with Savory Meals Inc., which has a three-month waiting period before new employees can enroll in its medical insurance plan. If Adriana enrolls in the insurance plan on the earliest date, she will be: A) eligible because employers are prohibited from excluding employees from insurance coverage due to preexisting medical conditions. B) ineligible because any employee should have been employed for at least five years with a company to claim benefits under his or her insurance plan. C) eligible only if she can show that her medical condition is related to work. D) ineligible because her medical condition was not diagnosed during the course of her employment with Savory Meals Inc.
A) eligible because employers are prohibited from excluding employees from insurance coverage due to preexisting medical conditions.
Under the Americans with Disabilities Act (ADA), an individual is disabled: A) if he or she has a physical or mental impairment that substantially limits one or more of the major life activities of an individual. B) only if he or she has a physical impairment that limits activities such as walking or standing. C) if he or she has an impairment resulting from advanced age or exhibits personality traits such as a quick temper. D) only if he or she has been completely bedridden for three or more years.
A) if he or she has a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
During a unionizing campaign, an employer is prohibited from: A) trying to help employees form a union. B) sending letters to employees' homes. C) telling employees how good the company's working conditions are. D) giving pay raises or benefits to all workers.
A) trying to help employees form a union.
Samantha finds that Carl, her friend and supervisor, keeps in his desk drawer photos of her in a revealing bikini that she wore when they hung out at Carl's backyard pool one weekend. She asks Carl to return the pictures, and instead Carl emails the pictures to other supervisors and employees. Which of the following statements is most likely to be true in this situation? A. Samantha has a cause for action for public disclosure of private facts. B. Samantha has a cause for action for publication in a false light. C. Samantha has no cause for action because she posed for the photographs willingly. D. Samantha has no cause for action because she has no reasonable expectation of privacy at work.
A. Samantha has a cause for action for public disclosure of private facts.
Remedies available under the ADEA include A. back pay and front pay. B. compensatory damages. C. punitive damages. D. All of the choices are correct.
A. back pay and front pay.
An employer has a legitimate interest in monitoring employee email when the purpose is to: A. ensure that the email system is not being used in ways that offend others. B. gather marketing data for third parties. C. gather information related to political and social views sent through emails. D. review email in connection with an unreasonable investigation of possible employee misconduct.
A. ensure that the email system is not being used in ways that offend others.
Which of the following must an employee prove in order to establish retaliation under the Occupational Safety and Health Act (OSHA)? A) The employee must prove that he or she is not an at-will employee of the firm. B) The employee must prove that he or she did not engage in a protected activity. C) The employee must prove that he or she is not part of any labor union. D) The employee must prove that he or she was subjected to an adverse action by the employer.
D) The employee must prove that he or she was subjected to an adverse action by the employer.
Which type of workplace injury must an employer maintain records of to comply with the Occupational Safety and Health Act (OSHA)? A) An injury that does not require medical treatment B) An injury that causes loss of consciousness C) An injury that occurs in the employee's home D) An injury that causes loss of interest toward work
B) An injury that causes loss of consciousness
Shawn, an environmental enthusiast, volunteers to work as an intern at Green Soul International, a non-profit organization dedicated to environmental protection. Green Soul hires Shawn without any pay. Which of the following is most likely to be true in this case? A) Green Soul violated the Fair Labor Standards Act because it is legally required to pay all hired employees. B) Green Soul did not violate the Fair Labor Standards Act because unpaid internships at non-profit charitable organizations are generally permissible. C) Green Soul may not be required to pay Shawn any overtime compensation, but it is required to pay him a minimum wage for his services. D) Green Soul is required to guarantee Shawn a job at the conclusion of his internship if he is not being paid during the internship period.
B) Green Soul did not violate the Fair Labor Standards Act because unpaid internships at non-profit charitable organizations are generally permissible.
Salim has been an employee of Firewood Heavy Equipment for the past seven months. His wife was recently diagnosed with cancer and needs to undergo surgery. Salim asks his supervisor, Harris, for four to six weeks of leave pursuant to the Family Medical Leave Act of 1993 (FMLA) for his wife's surgery and rehabilitation. Which of the following holds true in this case? A) Harris is not required to grant the leave under the FMLA because the act is limited to employees at the executive level. B) Harris is not required to grant the leave under the FMLA because Salim has worked for Firewood Heavy Equipment for less than 12 months. C) Harris is required to grant the leave under the FMLA because Salim belongs to a protected class. D) Harris is required to grant the leave under the FMLA because the condition of Salim's wife is severe.
B) Harris is not required to grant the leave under the FMLA because Salim has worked for Firewood Heavy Equipment for less than 12 months.
Rennie is a recent law graduate employed as an associate attorney at RN Associates, a law firm with close to 200 employees. Rennie is paid $98,000 per year. Like most associates, she regularly works 60 or more hours a week. She thinks she should be provided overtime compensation for all of the extra hours of work she puts in per week. Which of the following is most likely to be true in this case? A) Rennie will be eligible for overtime compensation under the Fair Labor Standards Act regulations because she makes less than $100,000. B) Rennie will not be eligible for overtime pay because as a professional, she is exempt from the overtime provisions of the Fair Labor Standards Act. C) Rennie will be eligible for overtime pay under the Fair Labor Standards Act because any firm with more than 150 employees is required to pay all of its employees for overtime. D) Rennie will not be eligible for overtime pay if it can be shown that she pays less than $25,000 toward income tax.
B) Rennie will not be eligible for overtime pay because as a professional, she is exempt from the overtime provisions of the Fair Labor Standards Act.
Which of the following accurately describes the difference between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? A) The ADA covers private employers with 50 or more employees, whereas the FMLA applies to private employers of 15 or more employees. B) The FMLA provides for up to 12 weeks of leave per year for covered conditions, whereas the ADA does not identify a specific duration for leaves due to disabilities. C) Under the ADA, pregnant women qualify for leave, but normal circumstances of pregnancy are not considered disabilities under the FMLA. D) Under the ADA, an employee is entitled to return to the same or equivalent position as that which she or he left when taking the leave, but under the FMLA, an employer is not required to make any such accommodations.
B) The FMLA provides for up to 12 weeks of leave per year for covered conditions, whereas the ADA does not identify a specific duration for leaves due to disabilities.
The principal enforcement of the ADEA is done by: A. state courts. B. federal courts. C. the NLRB. D. the EEOC.
D. the EEOC.
In a state with right-to-work laws, _____. A) the union and employer agree that all members of the bargaining unit will join the union within a certain amount of time after becoming employed. B) the union must still represent the employees despite their nonparticipation in the union as a part of the bargaining unit. C) the persons who are already members of the union alone have the right to work for employers who have negotiated contracts with the union. D) the union and employer may have as part of their collective bargaining agreement a provision for a union shop.
B) the union must still represent the employees despite their nonparticipation in the union as a part of the bargaining unit.
An employer commits an unfair labor practice when he or she: A) reinstates striking employees. B) tries to help a certain candidate get elected to a union office. C) fails to include all union demands in the collective bargaining agreement. D) bargains with the union.
B) tries to help a certain candidate get elected to a union office.
Who among the following has committed the tort of slander? A. A manager who searchers an employee's office without consent B. A manager who gives false, defamatory information about a former employee through a conference call C. A manager who negligently reveals private information about an employee to another employee D. A manager who monitors an employee's private email
B. A manager who gives false, defamatory information about a former employee through a conference call
Who among the following has committed the tort of libel? A. A manager who requests an employee's unlisted number B. A manager who gives false, defamatory information about a former employee through an email C. A manager who gives defamatory information about an employee to the management on a telephone call D. A manager who searches an employee's desk drawer
B. A manager who gives false, defamatory information about a former employee through an email
Lane worked as the public assistance coordinator for the county. Her supervisor, Herald, received information that Lane was engaged in food stamp fraud. She was fired after Herald searched her office and found evidence against her. Which of the following statements is most likely to be true in this case? A. Lane's rights have been violated because she was an at-will employee and the search was per se unreasonable under the Fourth Amendment. B. Lane has no recourse because Herald had reasonable grounds to suspect that the search would reveal she was engaged in food stamp fraud. C. Lane has a legal recourse under the Privacy Act. D. Lane has a legal claim for invasion of privacy.
B. Lane has no recourse because Herald had reasonable grounds to suspect that the search would reveal she was engaged in food stamp fraud.
Rosalie is an employee of HG Mighty Inc. She uses her office computer to check her personal email. Rosalie opens one of her emails to find a link to a joke with a pornographic picture embedded in the message. Rosalie is called into her supervisor's office and reprimanded for violating the company's policy against accessing pornography. Which of the following statements is most likely to be true in this scenario? A. Rosalie can file an action against HG Mighty for intrusion upon seclusion. B. Rosalie has no cause for action against HG Mighty because she has no reasonable expectation of privacy regarding her personal email when she uses the company's computer. C. Rosalie can maintain an action for violation of the Electronic Communications Privacy Act. D. Rosalie has no cause for action against HG Mighty because she was conducting personal business at work instead of performing the duties of her job.
B. Rosalie has no cause for action against HG Mighty because she has no reasonable expectation of privacy regarding her personal email when she uses the company's computer.
Skepticism exists regarding the use of statistics in age discrimination cases because A. most lawyers are incapable of understanding statistical terms such as "expected value" and "standard deviation." B. even in the absence of discrimination, older workers are likely to be replaced by younger workers as a result of attrition of the workforce. C. in a disparate treatment class action or "pattern and practice" suit, only gross statistical disparities make out a prima facie case of discrimination. D. All of the choices are correct.
B. even in the absence of discrimination, older workers are likely to be replaced by younger workers as a result of attrition of the workforce.
In the event of a RIF, age discrimination may be proven if A. the employer allows a discharged or demoted employee covered by the ADEA to bump others with less seniority. B. when jobs become available after the RIF, the employer hires younger workers at the same salary as the employee who was discharged or demoted. C. the employee was fired in order to prevent this pension from vesting. D. None of the choices are correct.
B. when jobs become available after the RIF, the employer hires younger workers at the same salary as the employee who was discharged or demoted.
Big Time Manufacturing Inc. was targeted for a union campaign. The union organizers contacted Walter, a bend employee, to assist them in the process of unionization. When management at Big Time came to know that Walter was working with the union organizers, they fired Walter. They also instituted a new rule requiring employees to leave company property within 15 minutes after the end of their shift unless speaking with a member of management. Which of the following statements is most likely to be true in this case? A) Walter has no recourse because he is an employee-at-will at Big Time. B) Big Time has not committed an unfair labor practice because the company had not started the negotiation process with the union at the time when Walter was fired. C) Big Time has committed an unfair labor practice because it discriminated against Walter for assisting the union. D) Walter has violated his duty of fair representation toward Big Time
C) Big Time has committed an unfair labor practice because it discriminated against Walter for assisting the union.
Tara and Nathan are two applicants for a job at Soul Tree Systems Inc. (a firm with strong financial resources). Nathan is disabled and requires the use of a wheelchair, and Tara has no disability. Both are equally qualified for the job. However, Soul Tree Systems chooses Tara over Nathan solely because of the need to modify the workspace if Nathan is employed. Which of the following holds true in this scenario? A) Soul Tree Systems will not be liable because Tara, being a woman, belongs to a protected class as well. B) Soul Tree Systems will be liable because employers are required to provide any possible accommodations requested by employees with disabilities, regardless of whether they cause the employer undue hardship. C) Soul Tree Systems will be liable because it is unlawful to discriminate against a disabled employee just to avoid the obligation to provide a reasonable accommodation. D) Soul Tree Systems will not be liable because both the applicants are equally qualified; however, it would be liable only if Nathan were more qualified than Tara.
C) Soul Tree Systems will be liable because it is unlawful to discriminate against a disabled employee just to avoid the obligation to provide a reasonable accommodation.
Which of the following is true of the provisions under the Health Insurance Portability and Accountability Act (HIPAA)? A) The act provides a private right of action for individuals to sue covered entities for alleged violations. B) The act exempts an employer from complying with other federal laws such as the Employee Retirement Income Security Act (ERISA), the Americans with Disabilities Act (ADA), and the Family Medical Leave Act (FMLA). C) The act permits a covered entity to use and disclose protected health information without an individual's authorization for law enforcement activities pursuant to court orders and/or subpoenas. D) The act supersedes state privacy laws in cases where it provides lesser privacy protections or limited individual rights than the state laws.
C) The act permits a covered entity to use and disclose protected health information without an individual's authorization for law enforcement activities pursuant to court orders and/or subpoenas.
GH Gartner Industries approaches union representatives about scheduling midterm negotiations in accordance with the collective bargaining agreement. The union refuses to meet with management, claiming that there is nothing to negotiate. Which of the following is most likely to be true in this case? A) The union's refusal to bargain with GH Gartner is legal because the parties did not have a dispute prior to the request to have midterm negotiations. B) The union's refusal to bargain with GH Gartner is illegal because it constitutes a breach of the management clause. C) The union's refusal to bargain with GH Gartner is illegal because refusing to bargain is an unfair labor practice. D) The union's refusal to bargain with GH Gartner is legal because unions can refrain from bargaining if they feel that it would cost them more than usual.
C) The union's refusal to bargain with GH Gartner is illegal because refusing to bargain is an unfair labor practice.
Under the Americans with Disabilities Act (ADA), _____. A) the request for a reasonable accommodation for a pre-employment test automatically disqualifies an applicant from a job. B) an employee with a disability has more rights to his or her job than do nondisabled applicants. C) an employee who does not have a disability but is perceived to be disabled by others is protected against discrimination based on that misperception. D) the definition of disability is limited to only physical disabilities, and it does not cover HIV-positive employees.
C) an employee who does not have a disability but is perceived to be disabled by others is protected against discrimination based on that misperception.
In cases where employees refuse to work in environments that they believe are not safe, employers: A) must apply the assumption of risk defense against the employees and force them to work. B) must reprimand those workers harshly in their personnel files. C) cannot punish the employees and must comply with their general duty. D) cannot keep the workplace operational under any circumstances.
C) cannot punish the employees and must comply with their general duty.
To prevent potential violence in the workplace, employers should: A) create a homogenous workforce by avoiding employing individuals from the protected class. B) restrict protected activities such as whistleblowing. C) establish a complaint process for employees to be able to warn the employer of potential violence. D) engage in nepotism when taking disciplinary actions against employees in response to their violent acts.
C) establish a complaint process for employees to be able to warn the employer of potential violence.
The Americans with Disabilities Act (ADA) applies: A) only to private employers. B) solely to government employers. C) to private employers with 15 or more employees. D) to corporations with 4-14 employees.
C) to private employers with 15 or more employees.
Andrew works for the Department of Health and Human Services in the accounting department. David, the head of the department, storms into Andrew's office demanding to search the files and all records of payments made by the department to BT Holland Construction Corp. Andrew attempts to leave the office during the search, but David blocks the way and asks him to stay until the review of all the files is complete. Which of the following statements is most likely to be true in this scenario? A. Andrew's rights have been violated because the search was per se unreasonable under the Fourth Amendment. B. Andrew has a claim for defamation. C. Andrew has a claim for false imprisonment. D. Andrew has no recourse because the search was justified by a legitimate business reason.
C. Andrew has a claim for false imprisonment.
Suzy is employed as a secretary for a federal government agency. Her supervisor insinuates that there are copies of her emails with negative references in her personnel file. Suzy demands to see her personnel file, but her supervisor refuses to grant her access to her files. In this case, her supervisor violates the _____. A. Fourth Amendment B. Electronic Communications Privacy Act C. Privacy Act D. Fourteenth Amendment
C. Privacy Act
The ADEA: A. protects all persons against age discrimination in employment. B. protects all employees who are at least 40 years of age, against age discrimination in employment. C. protects all persons who are at least 40 years of age, against age discrimination in employment. D. protects all employees who are between the ages of 40 and 70 against age discrimination in employment.
C. protects all persons who are at least 40 years of age, against age discrimination in employment.
T/F, Monica, aged 39, is terminated. Her employer tells her that changes in their selling environment have made older, more mature individuals better suited for her job. Monica will have no claim for age discrimination because the ADEA applies only to employees at least 40 years of age.
True
As a condition of being allowed to apply for a job with Good Hands Industries, Charles is asked to waive his right to object to workplace searches. After signing the waiver, he is offered a job, and he accepts it. Sometime later, he is subjected to a search. If Charles seeks legal redress on the grounds that the search violated his privacy rights, his employer: A. will be unable to successfully assert the waiver as a defense because it was not given voluntarily. B. will be unable to successfully assert the waiver as a defense because Charles did not grant it intentionally. C. will be unable to successfully assert the waiver as a defense because it was given by Charles prior to his job offer. D. will be able to successfully assert the waiver as a defense because it was given in exchange for valuable consideration.
C. will be unable to successfully assert the waiver as a defense because it was given by Charles prior to his job offer.
NeonCore Industries reduced employee benefits as a means to cut costs. The union wanted to enter into a collective bargaining agreement as NeonCore rejected its demands and refused to bargain and accept the union's proposals. The following day, NeonCore locked the employees out. Which of the following is most likely to be true in this case? A) The lockout was a violation of the National Labor Relations Act because under no circumstance is an employer allowed to restrict employees from coming to work. B) The lockout was a violation of the National Labor Relations Act because an employer cannot engage in lockout as a means to avoid bargaining. C) The lockout was not a violation of the National Labor Relations Act because every employer has the right to steer clear of union activities if it is likely to interfere with management policies. D) The lockout was not a violation of the National Labor Relations Act because every employer has the right to reject union proposals even without entering into a good-faith bargaining activity.
D) The lockout was not a violation of the National Labor Relations Act because every employer has the right to reject union proposals even without entering into a good-faith bargaining activity.
TrentCo accidentally discovered that one of its employees, Sara, is an alcoholic. Her manager realized that Sara's alcoholism must be the reason for her absenteeism. To help Sara overcome her alcoholism, the employer provided her with counseling services and also asked her to make a firm choice between treatment and discipline. TrentCo also offered outpatient treatment, and Sara participated in the program without success. When all of these efforts failed, TrentCo offered to provide inpatient treatment, and Sara refused. TrentCo fired Sara. According to the courts: A) Sara has a valid claim under the Americans with Disabilities Act because she willingly participated in the outpatient treatment, even though it did not produce positive results. B) Sara does not have a claim under the Americans with Disabilities Act because the act does not consider alcoholism to be a disability. C) TrentCo is liable under the Americans with Disabilities Act because it failed to offer Sara time off from work after she refused to be admitted to an inpatient care facility. D) TrentCo is not liable under the Americans with Disabilities Act because it offered a reasonable accommodation, and Sara refused.
D) TrentCo is not liable under the Americans with Disabilities Act because it offered a reasonable accommodation, and Sara refused.
The National Labor Relations Act is also known as the _____. A) Landrum-Griffin Act B) Taft-Hartley Act C) Norris-LaGuardia Act D) Wagner Act
D) Wagner Act
The Landrum-Griffin Act provides that: A) management must address issues that it may become aware of during a unionizing process. B) management must help employees form a union. C) lobbying for right-to-work laws is legal. D) certain procedures must be followed before any dues or initiation fee increases.
D) certain procedures must be followed before any dues or initiation fee increases.
The most important difference between public and private collective bargaining is that: A) federal employees cannot bargain about the numbers, types, and grades of positions and procedures for performing work or exercising authority. B) federal employees cannot bargain about the alternatives for employees harmed by management decisions. C) federal employees alone are allowed to bargain over wages, hours, and benefits, while private employees cannot. D) federal legislation and most state statutes do not contain the right of public employees to strike
D) federal legislation and most state statutes do not contain the right of public employees to strike
The term essential functions of a job, as used in the Americans with Disabilities Act (ADA), best refers to: A) tasks so designated by an employer as ancillary to the achievement of the job's long-term goals. B) tasks so designated by the Equal Employment Opportunity Commission (EEOC). C) those tasks that are required to be performed in case of any emergencies. D) those tasks that are fundamental, and not marginal or unnecessary, to fulfillment of the job's objectives.
D) those tasks that are fundamental, and not marginal or unnecessary, to fulfillment of the job's objectives.
Can an employer lower the amount of benefits it offers its employees without violating the ADEA? A. Yes, if the change is made in accordance with the Employee Retirement Income Security Act (ERISA), which is the federal law governing employee benefits. B. Yes, if the change is the same for all employees who are similarly situated regardless of age. C. Yes, if different benefits are provided to younger and older workers based on a significant difference in the cost of providing the benefits to the older workers. D. All of the choices are correct.
D. All of the choices are correct.
Steve is 28 years old and Edie 38 years old. Both started working for their employer 9 ½ years ago and both will vest in their pension and retirement funds in 6 months. If they are both immediately fired: A. Steve will have a valid ADEA claim because the firing appears to be related to terms of service. B. Edie will have a valid ADEA claim because the firing appears to be related to terms of service and she is older than Steve. C. Both Edie and Steve will be afforded ADEA protections. D. Neither Edie nor Steve will be afforded ADEA protections.
D. Neither Edie nor Steve will be afforded ADEA protections.
John was upset with Brad, his supervisor, for giving him a poor review during his performance appraisal. In a fit of anger, John posted a copy of Brad's criminal record on the employee notice board in the cafeteria. In this case, Brad: A. does not have a case for intrusion into seclusion as his criminal record is a product of his own doing. B. has a case for intrusion into seclusion as John has forced Brad into seclusion by revealing his criminal activities. C. has a case for libel as John has disclosed information without Brad's consent to the public. D. does not have a case for public disclosure of private facts as criminal records are public information.
D. does not have a case for public disclosure of private facts as criminal records are public
Abby works for JennyJo Boutique, which is owned by Jenny. One day, Jenny escorts Abby to a back room, where she is given a polygraph test related to recent inventory losses. It is determined that Abby had nothing to do with the theft. In this case, Abby has: A. no legal recourse against JennyJo because she is an at-will employee. B. a legal recourse against JennyJo for intrusion into seclusion. C. a legal recourse against JennyJo because private employers have a higher duty to protect the privacy of employees than public employers. D. likely no legal recourse against JennyJo because the use of the polygraph was reasonable and related to a justified business purpose.
D. likely no legal recourse against JennyJo because the use of the polygraph was reasonable and related to a justified business purpose.
T/F, Pat is 59 and has been employed at Greene Industries for 29 years. She was terminated 2 months before she became vested in the company's pension plan. Pat may have a cause of action based on ERISA.
True
T/F, A shop steward manages workers on behalf of an employer.
False
T/F, An employer could be liable for discrimination based on sexual orientation under Title VII of the Civil Rights Act of 1964 if he or she knowingly hired lesbians but refused to hire gay men.
False
T/F, Current illicit drug users are protected by the Americans with Disabilities Act (ADA).
False
T/F, If an employee believes that she or he is the subject of discrimination on the basis of disability, the typical first step is to directly file a complaint with the Equal Employment Opportunity Commission (EEOC).
False
T/F, If an employer terminates a black (protected) female (protected) after the employer finds that she is a lesbian (not protected), the employee is able to use her status as a lesbian as the basis for a Title VII claim.
False
T/F, If there is more than one reasonable accommodation available to accommodate an employee's religious practices, an employer must select the accommodation that is the most reasonable.
False
T/F, In a disability discrimination case, an employer can use the bona fide occupational qualification (BFOQ) defense.
False
T/F, In the context of the right to privacy, an employer's legitimate interests are given priority over the employer's responsibility to protect employees' and customers' personal information.
False
T/F, In the event of a state child labor law being stricter than the federal law, the federal law supersedes the state law.
False
T/F, Ling was fired by MTM Mart because she stole from the cash register. A police report was filed. A prospective employer called MTM Mart for a reference and was told that Ling was fired for stealing. In this case, MTM Mart has illegally defamed Ling.
False
T/F, The ADEA prohibits the elimination of a protected employee's job for budgetary reasons because older workers have higher salaries which would place them at greater risk for termination.
False
T/F, The Health Insurance Portability and Accountability Act stipulates that employers can use protected health information in making employment decisions without prior consent.
False
T/F, The duty to accommodate only applies to religious beliefs, not religious practices.
False
T/F, The requirement of reasonable accommodation for a disabled employee means that an employer must create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job.
False
T/F, There is a federal law applicable for protecting LGBT employees.
False
T/F, When establishing a prima facie case to proceed with a claim of religious discrimination, an employee need not establish that he has informed an employer of the conflict.
False
T/F, Tanya openly talks to her co-workers about her intimate liaisons with certain clients of her firm. Tanya's supervisor, John, comes to know about this. During her performance review, he mentions that her behavior can harm the reputation of the company. Tanya believes that when senior officials view the performance review, it will project her as a woman of questionable morals. In this case, John has not committed the tort of publication in false light.
True
T/F, The ADEA allows BFOQ to be used as a defense as long as substantially all of the individuals over the age at issue are unable to perform the duties of the job.
True
T/F, The ADEA generally makes it unlawful to publish a job advertisement indicating any preference based on age.
True
T/F, The courts allow the use of statistical evidence to prove discrimination on the basis of age, though it is generally more useful in disparate impact cases than it is in disparate treatment cases.
True
T/F, The protection Title VII provides for employment discrimination on the basis of religion does not mean that the employer must resolve the conflict in the way the employee wants.
True
T/F, If your employer has hired someone you don't like; but you choose to remain with the employer, you have no right to impose your purely personal beliefs on the workplace in a way that increases the employer's liability
True
T/F, A Catholic church may legitimately refuse to hire a Baptist minister as its priest.
True
T/F, An employer can escape liability for disparate treatment age discrimination if it can be shown that the employment decision was based on some other factor than the employee's age.
True
T/F, An employer will not be held responsible under the Occupational Safety and Health Act (OSHA) for workplace hazards or injuries where the harm is the result of reckless behavior by an employee.
True
T/F, Economic strikers are not entitled to be reinstated if their jobs are occupied by replacement workers.
True
T/F, Employment-at-will means that the employee serves at the will of the employer.
True
T/F, Management's refusal to bargain over a proposal to have a closed shop can be the basis of an unfair labor practice.
True
It is up to the ___________ how the issue of LGBT employees in the workplace is to be handled.
employer
The safer approach (regarding sexual orientation & gender identity discrimination) is to base employment decisions on the person's ____________ and fitness for the job, rather than on questionably relevant characteristics about his or her personal life.
qualifications
