Employment Law
Which of the following is the least likely reason that an organization might want to settle a charge of discrimination?
Because discrimination may actually have occurred
During the workday, an employee of a large company sends an e-mail to a friend using the company's e-mail service. The employer reads the e-mail to determine whether or not the employee is wasting time. Which legal principle governs the employer's surveillance of e-mail in this situation?
Because the employee used the company's e-mail service, the employer may read the e-mail.
The term sexual harassment applies to:
Both gender harassment and sexual harassment
Which of the following is not a way to escape WARN notice requirements?
Business is slowly deteriorating and will eventually go completely under unless layoffs occur
Which of the following is an area in which an employer could set up surveillance?
Cafeterias
Which of the following is not a historically disadvantaged group?
Caucasians
Which of the following is not an unlawful practice under Title VII:
Changing time schedules for individuals because of religious conflict
The intrusion upon seclusion tort deals with the _____________ of information about an individual, rather than the _____________ of that information, and can involve a physical or electronic invasion.
Collection : dissemination
What is it called when a union commences negotiations with the employer on behalf of the workers to form a new contract that governs the working relationship between the parties?
Collective bargaining
John F. Kennedy believed that getting/using ___________________ was the only way for the American society to eliminate inequality.
Congress and state legislative bodies to act
To protect workers from unfair wages, limit abusive overtime practices, and prevent child labor:
Congress enacted the Fair Labor Standards Act
Which of the following is not a way an employee claiming gender plus discrimination can discredit an employer's pretext?
Consistencies
Religious communication can create undue hardship on an employer if it disrupts the work of other employees or:
Constitutes unlawful harassment
An entity which collects and provides information about persons for use in credit evaluation and employment evaluation is known as a(n):
Consumer Reporting Agency
Under the compliance requirement, this is the most violated OSHA regulation:
Continual training
Agency is a __________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal.
Contract
Agency is a(n) __________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal.
Contract
Which of the following is not a typical position that can be defended by the BFOQ defense?
Cook
Which action demonstrates a goal of affirmative action?
Correcting discriminatory practices
Which of the following was not added to the EEOC's definition of impairment? Any physiological disorder or condition affecting one or more of the following systems:
Cosmetic
A business is a(n) _____________ employment agency if it regularly procures employees for at least one covered employer.
Covered
Individuals who willfully disclose private health information may face:
Criminal sanctions
If an employer places some false information in the appraisal and that information is reported to a third party, an employee may have a claim of:
Defamation
Who does the Federal Whistleblower Statute protect?
Defense contractor employees from retaliation when reporting violations
Which two industries are common offenders of the False Claims Act (FCA)?
Defense contractors and the healthcare industry
Which department administers FLSA rules?
Department of Labor
What is the main purpose of the economic realities test?
Determine whether the worker has little freedom to exit the relationship because they are economically dependent on the business
Under its obligations to maintain a safe working environment, an employer must:
Develop training and operational strategies for addressing workplace violence
An employer's decision to take some adverse action against an applicant or employee based upon knowledge and consideration of a protected class characteristic which has little or nothing to do with whether a person can perform the essential functions of a job is known as __________.
Discriminatory intent
Griggs v. Duke Power was the seminal case for establishing
Disparate impact
An employee claimed the need for special treatment based on Title VII of the Civil Rights Act of 1964. What is the first question a human resources professional should ask to determine if this law applies to the employee?
Does the employee meet the eligibility requirements?
Which of the following is not an example of a neutral policy and protected class(es) which may be impacted by the policy?
Drug testing - national origin
What was the ruling in the Griggs v. Duke Power?
Duke Power's standard intelligence test had disparate impact on black employees
Which of the following is not an area or situation in which employers may set up surveillance?
During a union meeting
Which federal agency was created by the Civil Rights Act of 1964 and tasked to enforce federal anti-discrimination statutes.
EEOC
Employers may not use gender as the basis for pay considerations on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. What protects this?
EPA
What protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination?
EPA
Which test is used to distinguish an independent contractor from an employee?
Economic realities test
Which of the following is not a recognized exception to at-will doctrine under the common law?
Economic sustainability
If E-Verify gives a tentative non-confirmation response, how many days does the employee have to contact the appropriate federal agency?
Eight
Which of the following is not a reason a RIF plan would be seen as discriminatory?
Eliminates one or more positions as part of a strategic business plan
Employers can defend themselves by proving that 1) the employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement; and 2) the plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities that the employer provided. What is this tactic called?
Ellerth/Faragher affirmative defense
It is estimated that over half of large firms monitor employee:
Whose duty is it to suggest a reasonable accommodation that is not readily obvious?
Employee
Designed to protect worker's interests in the regulation of benefits and encourage the careful employer management of retirement funds, Congress enacted:
Employee Retirement Income Security Act (ERISA)
Many states have enacted laws to protect the privacy of employees and applicants on social media. Which of the following is protected?
Employees expressing political views
There is no question that employers need to monitor the working environment to keep it safe for all employees, but what is the risk of over-monitoring?
Employees will have a lack of trust for the employer
In plant closures, which of the following is not considered an "affected employee" under WARN?
Employees with a 25% reduction in working hours
Once the prima facie case of gender plus discrimination has been established, the burden of production shifts to the:
Employer
In most states, worker's compensation programs are mandatory for:
Employers and employees
The court case of General Dynamics Land Systems, Inc v. Cline found that:
Employers may always favor the old over the young, even when both candidates are 40 years of age and older
Which employer action is a possible employer defense to a claim asserted under the federal Age Discrimination in Employment Act (ADEA)?
Employing fewer than 10 employees so the ADEA does not apply
Notwithstanding the protections of Title VII, much progress remains to be made as women continue to trail men in:
Employment compensation and opportunity
The independent living movement was instrumental in pushing for federal legislation to protect disabled persons from:
Employment discrimination
Which term indicates that an employer may terminate an employee at any time, for any legal reason, without incurring liability?
Employment-at-will
In 1972, Congress amended Title VII, by passing the _______________________ which give the EEOC authority to conduct its own enforcement litigation.
Equal Employment Opportunity Act
Determining what constitutes the ________, and not _______, functions of the job is an important task for an employer to undertake for both practical and risk management considerations.
Essential : marginal
From a risk management point of view, an employer should be able to defend an interpretation of:
Essential job functions
What is negligent hiring?
Failure to perform a proper background screening of an employee
Courts will not review whether the termination of an older worker was ________, but rather whether it was based upon clear procedures, objective budgetary considerations, and actual position elimination.
Fair
The ___________ and its protections against overwork and illegally-low compensation apply to all undocumented workers.
Fair Labor Standards Act
Only federal contractors doing over $50,000 in business have to take affirmative action to hire qualified disabled persons.
False
The ADEA prohibits elimination of an older worker's position for budgetary reasons
False
The Office of Federal Contract Compliance Programs (OFCCP) may not perform audits on contractors unless a discrimination claim is made.
False
Title VII contains, at section 702, an exemption to its anti-discrimination protections for religion, but applies only when religion is in no way connected with the job qualifications.
False
Under Title VII, an employer may favor Blacks from the U.S. over Blacks from Africa or vice versa.
False
Under Title VII, singular philosophies regarding social, political, and economic concerns and personal preferences are considered religious beliefs.
False
What is the Norris-LaGuardia Act also known as?
Federal Anti-Injunctive Act
A young Native American man working at a fast food chain has been asked to tuck in his long hair to adhere to dress code standards. The young man refuses to cover his hair because of religious reasons. The young man is terminated from the position. Which of the following is correct?
He has no case against the fast food company because he would not adhere to the dress standards
When an employee desires to take FMLA leave, the employee has a burden to provide:
Health care provider certification of a serious health condition
Examples of facially neutral polices and protected classes that may be impacted might include:
Height and weight restrictions - gender/national origin; Language requirements - national origin; Physical strength tests - gender
Which of the following is not evidence of a task being essential?
High salary expectations for a specific task to be completed
Which of the following is not a reason employers benefit from retaining and hiring older employees?
Higher health costs
Title VII prohibits gender discrimination in all aspects of the employment process including:
Hiring; Promotion; Transfers
Which of the following situations would not be covered by worker's compensation?
Horseplay at work
Generally, however, _________________ claims develop over time.
Hostile work environment
What form does E-Verify collect information from?
I-9
What is the name of the form that the IRCA requires all employers to complete within three days of hiring a new employee?
I-9
Which of the following is not examined when determining a case of nation of origin harassment?
If the claimant seemed bothered by the conduct at the time
What is considered a possible explanation for increased religious discrimination claims?
Increased immigration by individuals with religious beliefs that have not been traditionally present in the U.S.
The amount of complaints the EEOC receives from persons claiming employment discrimination based on so-called "English-only" rules is:
Increasing
Pregnancy health coverage must be __________ of marital status.
Independent
Of the following classifications of worker, which causes the smallest obligation to the employer?
Independent contractor
________________ is the best method for a manager to correct an employee problem.
Informal coaching
An equitable remedy could include a retroactive reinstatement of seniority, or an order requiring a firm to refrain from certain actions. This is known as:
Injunctive relief
When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, it is referred to as:
Intentional interference with a contract
The Department of Labor and the _______________ jointly supervise COBRA compliance.
Internal Revenue Service
Which of the following is not a tort under the invasion of privacy umbrella?
Intrusion upon inner expression
Over the past two decades, _________ immigration has been on the rise and _________ immigration has declined.
Islam : Christian
The At-Will Doctrince has come under much criticism in the modern age because ____________.
It allows for possible harsh consequences for the employee
When two or more entities, which are not engaged in an integrated exercise, exert control over an employee such that each entity may be considered an employer, this is known as the ___________ doctrine.
Joint employer
In a private lawsuit, one of the remedies a court may impose to correct imbalances in hiring practices is known as:
Judicial affirmative action
Which three types of statutory authority does the National Labor Relations Board (NLRB) have?
Judicial authority, Executive authority, Rule-making authority
All of the following are exceptions to the ADEA except for:
Key employees, aged 40 to 64, working for state or local government
Which act created a "bill of rights" for union members to combat wrongdoing and limit control of union leadership?
Labor Management Reporting and Disclosure Act
In an effort to empower union members and to reduce union elite corruption, Congress enacted the:
Labor-Management Reporting and Disclosure Act
_____________ is/are the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of 1871 were ineffective in improving the rights of black Americans?
Lack of enforcement
U.S. military defense personnel policy over the last fifty years has seen a shift in emphasis away from a _____________ and towards a ____________.
Large standing army : reservist force
An FCA provision allows whistleblowers to receive around ______% of any recovered damages.
15-25
Under Immigration Reform and Control Act of 1986 (IRCA), how many days does an employer have to complete an employee's I-9 federal paperwork?
3
What is the threshold number of workers needed to sign authorization cards to seek union formation from the NLRB?
30 percent
An exiting employee must exercise his/her COBRA rights within how many days?
60
Worker Adjustment and Retraining Notification (WARN) requires employers with over 100 employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees, union bargaining units, and state and local government officials ___ days prior to the event.
60
The four-fifths rule provides that a screening device - test or other hiring criteria - will be discriminatory if the selection rate of a protected class is less than ____ percent of the majority.
80
Under ERISA, how many days from the beginning of benefits coverage does an employer have to provide a summary document plan to the employee?
90
The American Civil Liberties Union is:
A civil rights watchdog organization
What is defamation in the context of an employment referral?
A communicated false statement which harms the reputation of the former employee
Any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used, or expected to be used, or collected in whole, or in part, for the purpose of serving as a factor in establishing the consumer's eligibility for... employment purposes... is known as:
A consumer report
What is a precedent?
A controlling rule, example, or guide
When does the employer have the burden of proof in an EEOC discrimination claim?
After the plaintiff has established the prima facie case
Under reasonable accommodation, an employer is not required to:
All of the above
What factors are causing employees to work until they are older than 55 years old?
All of the above
Under HIPAA, personal medical information is obtained by an authorization form that:
All of the above ( is signed by the individual; identifies which information is sought to be disclosed; details how long the permission is requested)
What is a "qualifying event" under FMLA?
All of the above ( the birth or adoption of a child; a serious health condition that makes the employee unable to perform the functions of his or her job; the care of a family member with a serious health condition)
Drug-abusing employees are more prone to:
All of the above (Accidents; Absenteeism; Discipline issues)
Which of the following are employee privacy complaints?
All of the above (Employers listening to personal phone calls;Employers reading emails; Employers installing cameras)
Which of the following is a union unfair labor practice?
All of the above (Failing to attend scheduled bargaining sessions with the employer; Failing to provide union information when requested; Coercing workers to join a union)
When looking at whether an accommodation is an undue hardship, courts look to:
All the above (The employer's efforts; the cost of accommodation; the size of the employer)
The EEOC and case law have allowed for which of the following as a legitimate factor to use when determining race?
All the above (culture; employer perception of a person's race; association)
Protections from Title VII of the Civil Rights Act of 1964 extend to:
All workers in the U.S., whether or not born in the U.S. and irrespective of citizenship
John F. Kennedy made the proposition to Congress that race had no place in:
American life or law
Which legislation prohibits discrimination based on physical limitations?
Americans with Disabilities Act
Which of the following is not a guideline for determining nation of origin employment discrimination?
An adverse employment decision against an individual because the person or his/her ancestor had a negative interaction with the employer in the past
What is front pay?
An award of money in lieu of reinstatement
In the scope of employment context, which of the following is an example of frolic and detour?
An employee runs a personal errand while driving to a meeting at a company branch office
In a false light tort claim:
An employer broadly publishes statements about an employee that are not true and which hurts the employee's reputation
Under the Employment-At-Will Doctrine, _______________.
An employer may terminate an employee at any time, for any legal reason, without incurring liability
When union and employer discussions reach a deadlock, this is commonly called:
An impasse
What is E-Verify?
An internet-based system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the United States
What is the fellow servant rule?
Another employee, not the employer, caused the injury
In the private employer arena, an employee would have to look to the public policy exceptions and to the _____________to determine if a case for retaliatory discharge is available.
At-will doctrine
What is a bona fide occupational qualification?
The subject class characteristic is reasonably necessary to the normal operation of that particular business or enterprise.
For Title VII purposes, religious beliefs cover:
The ultimate ideas about life, purpose, and death
Employees at a motor company are members of a union. The employer and the union have begun negotiating a new collective bargaining agreement. Under which circumstance has the union committed an unfair labor practice?
The union fails to attend a scheduled bargaining session with the employer.
What is contributory negligence in the context of a workplace injury?
The worker's errant conduct contributed to the injury
Why are performance appraisals potential liabilities to employers?
They are the basis for training, promoting, benefiting, and laying off, but must also conform to state law anti-discrimination statues
Author Dave Bernard, in a 2012 U.S. News and World Report article, argues that older workers are better workers because:
They possess abundant knowledge and experience
What did the University of Chicago and MIT find about people with names that are generally found in Black communities?
They were less likely to be invited for a job interview
On March 6, 1961, Kennedy signed Executive Order 10925, which mandated that managers of federally-funded projects "take affirmative action" to eliminate bias in employment practices. Which of the following statements is true?
This took the effort to eliminate employment discrimination from the passive to the active.
One key potential problem with employee participation groups (EPG) is that, under the NLRA, it is possible that EPGs could be found:
To be company dominated
Why did Congress pass the Taft-Hartley Act?
To curb union overreaching
Which of the following is not a legitimate reason behind monitoring employees at work?
To discover if they are looking for new employment
What was the reasoning behind Congress' enactment the Worker Adjustment Retraining Notification Act?
To give laid off or terminated workers in such circumstances an opportunity to search for other employment or obtain additional training
Which of the following would not be considered a union tactic to apply pressure to management to agree to proposals during collective bargaining?
Lockout
Most of the time, retirement incentives and accompanying ADEA waivers are:
Made to numerous employees at the same time
EEOC reports the largest percentage of employee complaints, based on religious discrimination, involve bias against _______.
Muslims
Which religious groups have seen the largest increase in workplace discrimination over the past decade?
Muslims and Hindus
How old must an employee be to claim age discrimination under the ADEA?
Must be over the age of 40
What is the definition of good faith bargaining?
Mutual obligation of the parties to participate actively in negotiations by manifesting a present intent to find a basis for agreement
Online employee statements relevant to the conditions of employment and union organizing activities are protected activity under the:
NLRA
The _______ established the right of workers to form unions, collectively bargain, and strike.
NLRA
When an employer makes an adverse employment decision against an individual because the person, or his/her ancestor, is from a certain country or place, he/she may have committed _________________.
Nation of origin employment discrimination
Conduct that includes offensive comments about a person's birthplace, ethnicity, culture, or accent, as well as ethnic slurs or workplace graffiti, is an example of:
Nation of origin harassment
Age discrimination may also be established when an employee shows that a facially-neutral company policy has a ___________effect on employees covered by the ADEA.
Negative
Failure to perform a proper background screening of an employee could put an employer at risk of:
Negligent hiring
Within the first 90 days of his employment, a security guard physically assaulted an alleged shoplifter. Upon investigation, it was found that he had been previously convicted of a violent crime, but the employer failed to conduct a background check. This is an example of which of the following?
Negligent hiring
An employer could be responsible for a claim by another employer for __________ based on false entries in a performance appraisal.
Negligent referral
When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm, this is known as:
Negligent retention
Title VII allows for English-only rules under certain circumstances where there is:
No discriminatory purpose or effect
The EEOC reports that the majority of accommodations made by employers are:
Nominal
Preventing work violence is a difficult task as perpetrators are often:
Non-employee strangers, clients, or significant others of employees
A federal judge found that forcing female, but not male, employees working in a casino to wear makeup was:
Not a violation of Title VII
The level of reasonable accommodation has been characterized by the courts as "de minimus," meaning
Not very much
Which of the following is not correct? When looking at whether an accommodation is a hardship, courts look to the employer's:
Number of employees accommodated in the past
Under the official rules of the NLRA, how many different unions can be the official bargaining unit for workers in a particular location or industry?
One
What is a closed union shop?
One that makes union membership a condition of employment
How long does the application Title VII continue after a firm has reached a critical mass of 15 employees?
One year
The majority of Americans speak:
Only English
There is an exception to minimum wage rules called the _______________, which applies to employees under twenty years of age, who may be paid $4.25/hour for the first 90 days of employment.
Opportunity wage
What are the two main approaches to preparing an organizational profile?
Organizational display or workforce analysis
By the late 1950's, the pendulum of public opinion swung further against organized labor due to the confirmed connection of the International Brotherhood of Teamsters to:
Organized crime
The FMLA governs leave for employees due to ____________ and ____________ necessity.
Parental : medical
In the race and color context, virtually all race-based conduct may be eventually considered unwelcome even if the claimant is:
Participating in joking and banter
The ADAAA requires that the determination of whether an employee has a disability be ___________ and _____________.
Particularly simple and straightforward : not require extensive analysis
Affirmative action may be used to remedy _________ and not to maintain _________.
Past imbalances : the status quo
________________ discrimination is when an employer's policies have the purpose or effect of assigning employees to particular aspects of a business enterprise based upon a protected class characteristic and with no apparent legitimate business necessity.
Pattern and practice
An employer may claim that 50 percent of employees are non-white minorities or women. However, if the minority employees or women are concentrated in low paying positions, and all the white employees hold high paying managerial positions, this would be best described as:
Pattern and practice discrimination
Which of the following has no effect on causing a workplace to become polluted with actionable race discrimination under Title VII?
Pedestrians passing in front of the establishment
A controlling rule, example, or guide is also known as:
Precedence
Which of the following is not an approved internal purpose to use personal health care information of employees?
Predicting employment replacement needs
A company reduced a pregnant employee's hours from 40 per week to eight on the basis that she could no longer perform the fundamental requirements of her position. The employee is suing the company. Which statute will help the employee's case?
Pregnancy Discrimination Act
In a disparate impact claim, plaintiffs may allege that the employer-offered business reasons for adverse employment action is merely a _______ or cover-up for discrimination.
Pretext
Plaintiffs may allege that the supposed legitimate reason for adverse employment action is merely a __________ or cover-up for discrimination.
Pretext
Which of the following is not a purpose or function of the law?
Prevent desirable, or promote undesirable, behavior
Which of the following is an important case addressing grooming and dress in gender discrimination?
Price Waterhouse v. Hopkins
What is the best workplace policy regarding workplace joking?
Prohibit workplace race and color joking
Which of the following statements was a purpose of the Clayton Act of 1914?
Prohibited the elimination of unions
Employees on leave for pregnancy-related issues must be treated the same as other workers on leave. Which of the following is not an example of this?
Promotions to management
If the National Labor Relations Board (NLRB) authorizes a union election, the employer must:
Provide the names and addresses of all workers to which the election may apply AND Not interfere or meddle in the election process in any way
Which group is not covered by the Labor Management Reporting and Disclosure Act (LMRDA)?
Public sector workers and unions
Monetary damages designed to punish an employer are known as __________.
Punititve damages
Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status is known as ________ sexual harassment.
Quid pro quo
An employer may be held liable for the actions of others which result in the creation of:
Quid pro quo and hostile work environment sexual harassment
Which of the following does AA prohibit?
Quotas
The EEOC states that an "employment practice is based on a _______ when it was reasonably designed and administered to achieve a legitimate business purpose in light of the circumstances, including its potential harm to older workers."
RFOA
Congress responded to Kennedy's pleas for equality by including _____ and __________ in Title VII of the Civil Rights Act of 1964.
Race : Color
What is the most common discrimination claim made to the EEOC?
Race discrimination
The Immigration and Nationality Act (INA) was important in that it eliminated __________ quotas for immigration and established a strictly nation-based system for calculating immigration quotas.
Race-based
The situation wherein an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race is referred to as:
Racial Animus
A covered employer must modify or adjust a job application process, work environment, job duties, or conditions or physical facilities to enable an otherwise qualified disabled employee to perform the essential function of a job. This is known as:
Reasonable accommodation
Under the ADEA, there is no _______________ for age. Moreover, the condition of being over 40 is not a disability.
Reasonable accommodation
The ADA required employers to take affirmative steps to provide ________ for qualified disabled workers, absent undue hardship.
Reasonable accommodations
Which of the following is not a basic requirement of an AA plan?
Reasonable amount of time before taking action
Unwelcome conduct is that which is not solicited by the employee and which a ________________ would regard as offensive or unwanted.
Reasonable person
The adoption of a voluntary affirmative action plan must be supported by a(n):
Reasonable self-analysis
When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs, this is referred to as:
Reduction in force
Under OSHA, employers do not have the right to do which of the following?
Refuse to make OSHA logs available
Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description is referred to as:
Scope of employment
Under respondent superior doctrine, an employer is only responsible for the employee action performed within the:
Scope of employment
Picketing other businesses that provide goods and services to the union's employer is known as:
Secondary picketing
Which of the following is not a method OSHA uses to ensure compliance to OSHA standards?
Secret investigations without the employer's knowledge
What did Congress intend employers to do before claiming undue hardship?
Seek external government funding
Before the final passage of the Civil Rights Act of 1964, Virginia Democrat, Senator Howard W. Smith, inserted into the language of the legislation defining the class of persons protected under the anti-discrimination provisions of Title VII the word:
Sex
Which of the following is not a specified protected class under Title VII?
Sexual affinity or orientation
A male nurse who is regularly berated by coworkers for doing a "woman's job" or a female employee who is continually mocked for not being "tough enough" to handle a traditionally male job, like driving a truck or negotiating with a union, are examples of:
Sexual harassment
Title VII contains no language prohibiting "harassment" or "____________," but courts have recognized the claim because harassment is equivalent to discrimination in its employment opportunity limiting effects.
Sexual harassment
What is Quid Pro Quo sexual harassment?
Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status
An employer hires a Black salesperson, but assigns the person to territories with a high percentage of Black people or gives him/her only Black person's accounts. What is this an example of?
Steering assignments
In order to establish a prima facie case for age discrimination under the ADEA, the claimant might provide that he/she was treated less favorably than another younger employee. What qualifies as a younger employee?
Substantially younger than the complaining employee
With worker's compensation, an injured employee receives wage replacements and medical benefits in exchange for relinquishing his/her rights to:
Sue the employer
____________ time off is one element of progressive discipline.
Suspension
The Supreme Court has held that an employer is strictly liable for harassment by a supervisor if the harassing behavior culminates in a(n) ___________ employment action such as a termination or demotion.
Tangible
"Thanks for such a great presentation! You'll always have a job with us." This is an example of what?
The duty of good faith and fair dealing
Which group has the duty to seek accommodations if needed?
The employee
Which of the following is not a step in determining what accommodations are required for a job?
The employee determines which accommodation is reasonable and effective
Which of the following is not a prima facie case for retaliation?
The employee does not suffer from an adverse employment action
If the privacy of an employee is violated by unlawful disclosure of information in a federal employee personnel file:
The employee may seek civil and even criminal action against the offending federal agency
An employee at a firm uses chemicals to clean metals. The employee works with two others on an assembly line, and the facility is located on the ground floor of a multi-story industrial building. Which requirement will the firm face regarding this employee under Occupational Safety and Health Act (OSHA) regulations?
The employee must be trained in safe handling of chemicals.
In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid liability for supervisor harassment by proving affirmatively that:
The employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement
A telemarketing firm is forced to terminate an employee because no one can understand him on the phone. Which of the following is true?
The employer has not violated Title VII
If an employer takes an action based on the discriminatory practices of clients or customers ____________:
The employer is also discriminating
Suppose two people apply for the same position, and one is 42 and other 52. What action can the employer take?
The employer may not lawfully turn down either on the basis of age, but must make the decision on the basis of some other factor
All of the following statements about employment at will are true except for:
The employer may terminate the employee for cooperating with an SEC investigation
Under the ADA , if an employer is considering two qualified applicants for a job, one disabled and the other not, then:
The employer will have violated the ADA if he/she chooses not to hire the disabled person because of the disability or the requirement that an accommodation be made.
The calculation of whether a task is essential to a job is relative to:
The firm and the job
If a construction company hires lawful non-citizen Mexican nationals for laborer positions, but requires U.S. citizenship for managerial posts, then:
The firm will have violated Title VII
To whom falls the burden to determine if an employer referral was truthful or not?
The former employer
The EEOC has established a guideline for determining whether a statistical disparity has a disparate impact upon a particular protected class or classes known as:
The four-fifths rule
What is the ADA's definition of an essential function?
The fundamental duties of the employment position the individual with a disability holds or desires
What determines employer liability under the respondeat superior doctrine?
The scope of employment
When is a search of personal items by an employer lawful under the Privacy Act and as determined by the Supreme Court without actually deciding the merits of the matter?
The search is justified at the start.
Which of the following is not a significant tangible job action to show harassment?
Transfer to another job with the same pay, benefits, duties, and opportunity
Which of the following options is not considered to be a disability?
Transvestitism
A majority of white evangelical Protestants believe that discrimination against them in the workplace is a problem.
True
It was permissible for a Jesuit university to deny a qualified Jewish philosophy professor a teaching position at the university on the basis of his religion.
True
The effect of the Affordable Care Act on COBRA could save the U.S. employers billions of dollars in expenses that they now pay for exiting workers' extended coverage.
True
The majority of workers say Muslims face more religious discrimination in the workplace than any other group.
True
The only time the employer is required to reveal financial information is when the employer argues a financial inability to meet union demands.
True
The so-called ADEA waiver prevents a retiree from personally suing under the ADEA, but does not prevent him or her from making an age discrimination claim with the EEOC.
True
There is no federal law requiring performance appraisals in employment.
True
True or False: In the private employer realm, there is no constitutional protection against invasion of privacy, as no governmental action is involved.
True
Under FMLA, an employer may require the employee to see a company-paid physician to make an additional assessment if it has concerns about the validity of a health certification provided.
True
Under the process of collective bargaining, it is the union which is the sole representative of the workers' interests, and no individual may negotiate a private work arrangement with the employer.
True
When first passed in 1964, Title VII did not define religion.
True
While Title VII also applies to federal government contractors, AA provides for sanctions and enforcement by way of administrative action - which Title VII does not do.
True
While an employer may not discriminate against undocumented workers in the conditions of employment, a worker's illegal status is a legitimate reason to terminate employment.
True
Without having to file lawsuits, the federal government may suspend or cancel contracts with contractors that are not in compliance with (AA) or debar them from bidding on future government contracts.
True
______ is an absolute defense against defamation claims.
Truth
COBRA applies to firms with ___________ or more employees.
Twenty
The ADEA applies to public and private employers and unions with more than _______ employees.
Twenty
To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that ____________ employees of the opposite gender are: 1) working in the same place; 2) doing equal work - sufficient commonality of tasks and responsibilities; and 3) receiving different and unequal pay.
Two
Money awards may take the form of back pay for up to ________, for the time an employee was not working,
Two years
Most federal civil service positions require ____________ for public policy reasons.
U.S. citizenship
Which of the following is not part of the documentation needed for an alien to work in the United States?
U.S. employment identification card
___________ is the discrepancy between women and minorities in a particular position as a function of how many qualified women and minorities exist in the constituent market.
Underutilization
The Rehabilitation Act requires all employers to make reasonable accommodations for employees unless the accommodation would cause:
Undue hardship
Any effort of an employer to co-opt the union by sponsoring activities, providing for union expenses, offering perks to union elites, or seeking the election of a particular worker to a union position constitutes a(n):
Unfair labor practice
The law prohibits the employer from making ________ decisions about what job functions a disabled employee may not be able to undertake.
Unilateral
Organizations that represent workers in bargaining with employers to improve conditions of employment are known as:
Unions
In making a claim of discrimination or retaliation, a claimant must show that an appraisal:
Unjustly resulted in negative job action
Why is vegetarianism not considered a religion, while Jainism, which espouses vegetarianism, is?
Vegetarianism is an isolated precept while Jainism is a comprehensive belief system.
An employer can be exposed to liability in tort (a civil wrong which causes someone harm) for the acts or omissions of the employee. This employment law concept is best known as:
Vicarious liability
Which of the following Acts created the NLRB?
Wagner Act
Which of the following is not required in establishing a claim of age discrimination under the ADEA?
Was made to feel old because the majority of employees are younger
The American Civil Liberties Union receives more complaints about this than any other issue:
Workplace privacy problems
Before an employer may seek an inquiry into the background of a job applicant or employee through the use of a CRA consumer credit report, it must obtain what item?
Written consent from the applicant
A document whereby, as a condition of employment, an employee agreed not to organize or join a union is known as a(n):
Yellow dog contract
A government agency wants to drug test its employees, but it is concerned about legal ramifications of possible privacy concerns regarding its testing. To address these concerns, the firm conducts pre-employment drug screening and random drug testing of employees each quarter. Should the firm be concerned about legal challenges to its policy?
Yes. Because the agency is a government entity, the employees are protected from drug searches unless there is reasonable suspicion that they are engaged in drug use.
Contrary to some misconceptions, reasonable accommodation under the ADA does not require:
an employer to lower job standards
Once the plaintiff has established the prima facie case, the burden shifts to the employer to show that a neutral policy is job-related and consistent with:
business necessity
It is illegal to request non-union employees to pay union dues.
false
Section 806 of the 2002 Sarbanes-Oxley Act extended whistleblowing protection to any employee, or agent, of a/an:
publicly-traded company
Employees may claim wrongful termination through _________ or constructive discharge.
tort claims
A religious exemption may be applied to all positions within a religious organization:
whether or not the position is ecclesiastical
What is the main objective of the Federal Mediation and Conciliation Service (FMCS)?
To help management and laborers settle labor contract disputes
What is the purpose of the False Claims Act?
To impose liability on persons and firms who defraud governmental programs
What was the main purpose of the Sherman Anti-Trust Act?
To limit employer monopoly power
What is the purpose of the Pregnancy Discrimination Act?
To prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical conditions
Title VII covers employers who have "__________ or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person."
15
What are the three exceptions to the at-will doctrine that protect employees:
1. public policy, 2. implied contract, 3. implied covenant of good faith
The WARN requires employers with ________ employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees.
100+
The Privacy Act has carved out ___ exceptions to its policy which provide for a common sense approach to revealing information which is necessary for the functioning of government, in response to a court order, or for national security.
11
An employee has a parent who was recently diagnosed with a terminal illness. The employee was full-time last year and worked 2000 hours. How much time off is the employee entitled to under the Family and Medical Leave Act (FMLA)?
12 weeks
The Taft-Hartley Act prohibits wildcat strikes. What is a wildcat strike?
A strike not authorized by the union
What is a screening device?
A test or set of hiring criteria
A union security clause that requires all employees to join the union after they are hired is called what?
A union shop clause
This rise in older workers remaining in the workplace longer carries with it a concomitant rise in ______________claims.
Age discrimination
The ADEA was designed to eliminate practices based upon the negative and unsupported _______________ of reduced performance and competence.
Age stereotypes
The Uniformed Services Employment and Re-Employment Rights Act (USERRA) applies to employers with how many employees?
All employers regardless of size
The Rehabilitation act of 1973 defines an "individual with a disability" as:
All of the above
Across the United States there has been a(n) _________ in workplace disability discrimination claims.
Increase
Traditional views of disabled people have been changing. In 1973, the city of Chicago repealed a law created in the 1880's that forbade disabled people who were diseased, maimed, or unsightly from:
Appearing in public
The easiest way to avoid discrimination claims due to performance appraisals is to:
Apply performance criteria equally to all employees
After an election results in a union being formed, the NLRB designates the union as the _____________________________ and informs the employer.
Appropriate bargaining unit
Which of the following is not a qualifier for a "reasonable search" as defined by the Supreme Court?
Approved by the person being searched
Age discrimination claims:
Are on the rise
For workers, worker's compensation provides the exclusive remedy for illnesses and injuries which:
Arise out of and in the course of employment
What two groups represent the largest number of immigrants living in the United States?
Asian and Latino
Unions form when workers with a ______________ align themselves to resolve similar workplace concerns.
Community of interests
In which of the following may an employee not have a reasonable expectation of privacy?
Company-owned computer
Some argue that disparity requires remedy and that pay should be equal for employees doing different jobs, but which are of:
Comparable worth
Three employees were caught stealing. The two white employees are fired, but the black employee is not. Being fired for stealing is a perfectly acceptable business practice. Under what disparate treatment discrimination analysis might the white employees show discrimination?
Comparative evidence
A monetary amount necessary to replace what the claimant lost, including money, pain, and other non-monetary losses is known as:
Compensatory damages
What are the two basic requirements that OSHA places upon employers?
Compliance requirement : General duty clause
What is the doctrince of Constructive Discharge?
Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit
According to the U.S. Census Bureau, the largest claim for disability comes from:
Difficulty walking or climbing stairs
Which of the following is not a criterion needed to receive twelve weeks of FMLA leave?
Direct approval from upper management
Disparate treatment may be established by _____________ of discriminatory motive.
Direct evidence
The EEOC has influenced the judicial interpretation of civil rights legislation by helping to define what consitutes __________.
Discrimination
Which of the following is an example of nation of origin harassment?
Ethnic slurs in the workplace
The duty to comply with imposed AA plans:
Evaporates once the problem has been addressed
Under LMRDA, how often do unions need to hold elections for officers?
Every three years
The Immigration Reform and Control Act (IRCA) requires employer to ask for ____ as part of completing the I-9 form.
Evidence of the right to work in the U.S.
The Immigration Reform and Control Act prohibits employment discrimination on the basis of citizenship in firms with:
Four or more employees
When an employer classifies employees on the basis of gender, plus another characteristic, usually a family-related circumstance, what type of discrimination is this?
Gender plus discrimination
Which of the following is not an example of a union unfair labor practice?
It demands relevant and necessary bargaining information
Which of the following is NOT a benefit of a progressive discipline system.
It does not apply to undocumented aliens
No employee with a company has ever been terminated without strict adherence to the progressive discipline procedures outlined in the employee handbook. How does the employee handbook apply in this situation?
It is an implied contract for employees.
How is age considered in Title VII of the Civil Rights Act of 1964?
It is not considered in the civil rights act
Why is searching emails not prohibited by the EPCA?
It is viewed after, not during, transit
If an employer takes no action to check co-workers who constantly refer to a Samoan-American using ethnic slurs, instead of her real name, and even go so far as to embarrass her in front of customers, what might result?
It may create a hostile work environment for the employee
What is the purpose of the Employment Polygraph Protection Act?
It prevents employers from using polygraph tests for employment recruiting and retention purposes
In cases where an employee's religious practice conflicts with a work assignment, Title VII requires that the employer:
Make a reasonable accommodation
Privacy in the workplace is a "hot button" topic among employees, employers and unions. To protect your company, as an HR Professional, you should suggest all of the following except:
Manage your privacy complaints and issues on a case by case basis
In a disparate treatment case, it is an employer's belief about someone's nation of origin - ________________________ - which is the focus of whether or not discrimination has occurred.
Manifested by adverse action
Disabilities that are covered by the ADAAA are:
Permanent or temporary
Under ERISA, _________________ are considered fiduciaries.
Persons or entities which manage benefits funds
According to the EEOC, color is commonly understood to mean:
Pigmentation, complexion, or skin shade or tone
Which of the following are approved methods for utilizing affirmative action plans?
Placement goals for underrepresented classes
The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is not a factor?
Relationship: How many hours per year do the employee and employer spend time together outside of work?
The employer's duty to bargain in good faith includes an affirmative obligation to supply the union with information that is ______________ for the union to bargain intelligently and effectively.
Relevant and necessary
During the negotiation process, the employer is required to share:
Relevant and necessary information
A clear definition of religion has proved elusive because:
Religious beliefs are so diverse and uniquely personal
To determine whether a religious request is an undue hardship, employers may consider all of the following except:
Religious practicality
What is the legal term which describes the relief a person may obtain when he/she is successful in establishing a discrimination claim under Title VII ?
Remedy
If a federal contractor is not following AA regulations, the Department of Labor can do all of the following except:
Require a certain number of minorities be hired by a certain date
The EEOC provides the following example: An employee with breast cancer is undergoing chemotherapy. As a consequence of the treatment, the employee is subject to fatigue and finds it difficult to keep up with her regular workload. So that she may focus her reduced energy on performing her essential functions, the employer transfers three of her marginal functions to another employee for the duration of the chemotherapy treatments. The second employee is unhappy at being given extra assignments, but the employer determines that the employee can absorb the new assignments with little effect on his ability to perform his own assignments in a timely manner. Which of the following is true?
Since the employer cannot show significant disruption to its operation, there is no undue hardship.
Title VII requires employers to accommodate only religious practices arising out of _______ beliefs.
Sincerely-held
Which of the following is not considered a "major life activity" by the EEOC and the Supreme Court's definition?
Sitting
What is the meaning of Quid Pro Quo?
Something for something
Which of the following rights is not included under the LMRDA union member "Bill of Rights"?
Split a current union into separate organized groups
The doctrine of a court following the precedent of an earlier court is known as:
Stare decisis
Which doctrine is used by U.S. courts to align current cases with prior legal decisions?
Stare decisis
What governs drug testing of private employees?
State law
Which of the following laws has the least amount of power under the Supremacy Clause?
State laws
___________________is the federal act that allows an employee - at his or her own expense - to continue company health care benefits for up to eighteen months when he or she leaves a job.
The Consolidated Omnibus Budget Reconciliation Act
In the public employer realm, ___________ and _______________ govern how employers may monitor employees.
The Constitution : federal privacy laws
The __________ regulates how consumer reporting agencies collect, correct, disseminate, and use consumer credit information.
The Fair Credit Reporting Act (FCRA)
The fundamental source of United States immigration law is:
The Immigration and Nationality Act of 1952
Which Act prevents an employer from discriminating against a person who is, or has been, in military service?
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees. What is the stipulation to this rule?
The application must be fair and reasonable
Under the FCRA, which 2 of the following statements are correct?
The candidate must give written permission for the employer to obtain the report AND The candidate must be provided information to request a copy of the investigation.
A city has an opening for a firefighter. The department lists the essential job functions as being able to walk, run, jump, lift 50 pounds, drive a vehicle, and drag at least 150 pounds. An individual has applied for the position; however, the individual cannot run due to a former injury, and is requesting a reasonable accommodation. What are the city's duties and responsibilities under the Americans with Disabilities Act as it relates to this individual?
The city may reject the application as the applicant cannot perform one of the essential job functions.
Teresa has been employed by Sterling Manufacturing for 3 years as an Account Representative in sales. Her performance reviews have been satisfactory. Due to recent difficulties in her marriage, she has begun overusing her prescription medication. Sterling receives a call from an ongoing vendor that Teresa was clearly impaired at yesterday's sales meeting. Which of the following 2 statements are untrue about Sterling's employee handbook in this matter?
The handbook Teresa received at orientation will dictate how Sterling can handle disciplinary action AND There cannot be disciplinary action since this is Teresa's first offense.
If an employee or applicant consents to having a background check, the employer must provide to the CRA certification that it has complied with:
The notice and authorization requirements of the FCRA
What is happening to the number of people who continue to work after the age of 55?
The number of people continuing to work after the age of 55 is rising
A job function may be considered essential for any of several reasons, including:
The position exists to perform the function AND There are a limited number of workers among whom the function may be distributed
What is a judicial review?
The power of the Supreme Court to consider whether a law comports with the Constitution
Which of the following was not one of the defenses employers could use to withhold relief from injured workers?
The reasonable person rule
In general employment terms, what is a reduction in force (RIF)?
When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs
What is reverse discrimination?
When an employee alleges disparate treatment under Title VII in cases where an employer, subject to an AA plan preference, impermissibly considers race and gender in an employment practice in favor of another
What is whistleblowing?
When an employee reports a wrongdoing of an employer
Which of the following is not a guideline in determining if an employment rule is a RFOA?
Whether the rule was designed to discriminate against older employees
To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that two employees of the opposite gender are:
Working in the same place;Doing equal work - sufficient commonality of tasks and responsibilities; Receiving different and unequal pay
All of the following are rights of employees except for:
Working in the best interest of the employer's goals
Congress first directed the secretary of labor to investigate age discrimination. The Secretary found that age discrimination against older workers was prevalent, with the bulk of the problem stemming from employers setting __________ age maximums
Arbitrary
Which of the following is true about the difference between mediation and arbitration?
Arbitrators' decisions are binding, but mediators' decisions are not
Under the NLRA, which of the following actions by the employer is not considered an unfair labor practice?
Bargaining in a good faith effort with the union
Health insurance provided by the employer must include pregnancy-related conditions at the same cost as other medical conditions. What can be excluded?
Elective abortions
The FLSA requires that an employer pay "time and a half" wages for hours worked beyond __________ in the relevant workweek.
40
How many states recognize the public policy exception?
44
The Rehabilitation Act of 1973 requires that contractors, including subcontractors, with _______ or more employees and contracts valued at ________ or more must take "affirmative action to employ qualified individuals with disabilities.
50 : $50,000
The Family Medical and Leave Act (FMLA) applies to all government and private employers with how many employees?
50+
Which of the following is not a way that privacy is protected in the workplace?
Employee preferences
Courts have upheld the rights of employers to video record employees when there is a business need and:
Employees are given notice about the filming
The Society of Human Resource Management (SHRM) reports the most common religion-related complaint at work is:
Employees proselytizing
An employer, before advertising a job and beginning the process of external hiring or internal promotion, should create a job description which details the ______ and _______ functions of the job position.
Essential and marginal
Since the union represents all workers in the collective bargaining unit, non-union workers become known as ____________ because they benefit from union representation without the payment of union dues.
Free riders
An employee pursues self-interest as he or she runs a personal errand while driving to a meeting at a company branch office. What is this an example of?
Frolic and detour
At its most basic level, sexual harassment is harassment directed at an employee because of his or her:
Gender
When an employer classifies employees on the basis of gender, plus another characteristic, this is known as:
Gender Plus discrimination
Under USERRA, an employer is required to place an employee returning from a military deployment in the exact same employment position he/she had prior to leaving.
False
When employees need religious "reasonable accommodations," they are not protected under Title VII.
False
When the harassment is gender-based, no sexual harassment claim is available.
False
In a case where gender, but not sexual motive is involved, the harassment is more appropriately named
Gender harassment
Which of the following is always involved in a case of sexual harassment?
Gender harassment
"To furnish to each of its employees...a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm." This is known as:
General duty clause
Which principle may prevent termination of an at-will employment relationship?
Good faith and fair dealing
What is the estimated number of illegal immigrants in the United States?
Greater than 10 million
The seminal case establishing the concept of disparate impact is:
Griggs v. Duke Power
What was the seminal case establishing the concept of disparate impact?
Griggs v. Duke Power
What is a job group analysis?
Grouping jobs within an organization by function, responsibilities, and potential, and then rendering an analysis on the characteristics of each employee in the job group
The Privacy Act of 1974 includes provisions affecting ____, and applies to _____.
HR recordkeeping systems; only federal agencies and organizations supplying services to the federal government
In a hostile work environment sexual harassment claim, the affected employee alleges that he/she:
Has been put in an intimidating, hostile, or offensive working environment that unreasonably interferes with his/her work performance
From 2007 to February 2013, the number of businesses using E-Verify:
Has grown by 18 times
The amount of women in the workforce:
Has increased
A qualified individual is one who:
Has the skills, talents, education, and other abilities necessary to carry out the essential functions of the job
Which of the following questions would be inappropriate to ask in an interview?
Have you ever filed for or collected worker's compensation?
By 2009, the Department of Homeland Security started requiring covered contractors to enroll in E-Verify. What defines a covered contractor?
Federal contract of over $100,000 and work performed in the United States within the last 120 days
A legal remedy that allows a court to order individuals to refrain from acts which will do "irreparable harm" is known as a:
Federal injunction
If an illegal immigrant is working in the United States, then:
Federal law prohibits employers from discriminating against him/her
While individual older employees can have higher health care costs than other employees, in one respect they have lower health costs. Why would that be?
Fewer dependents
Title VII covers employers who have "_________ or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person."
Fifteen
Before an employee or job candidate can take a complaint of job discrimination under Title VII to court, he/she must first:
File with the EEOC
The ADA did not initially define the terms _______ or _______. This created some difficulty for employers and courts alike in determining the parameters of the statute.
Impairment : major life activity
Which type of employment contract is created by the actions of the employer and employee rather than through a formal contract negotiation?
Implied
Which of the following is an exception to the ADEA's prohibition of mandatory retirement ages?
Firefighters and police officers AND A small number of corporate executives who carry substantial discretionary authority and will have a company pension of at least $44,000
The employee handbook used by a temporary employment agency stated, "Employees may not be terminated except after first receiving an oral warning, then a formal written warning." Which principle is demonstrated in the handbook?
Implied contract
What action did the courts take in the Sheet metal workers v. EEOC case?
Imposed an AA plan remedy upon the union which required a fund be set up, and other action taken, to assist in reaching the goal of 29 percent nonwhite membership in the union
How should ADEA waivers be written?
In a manner calculated to be understood by the individual, or by the average individual eligible to participate in a workforce reduction plan
Joe's Bar & Grill needs some renovation. They arrange with a construction company to send Juan to perform the needed upgrades. Which of the following actions could create an employee-employer relationship?
Joe, the owner, instructs Juan that the work hours for the next 2 weeks are 10 am to noon and 2 to 5 pm.
The Civil Rights Act of 1991 amended Title VII to include compensatory and punitive damages, but placed a cap on damage amounts.
True
The FCRA provides that if an employer uses an investigative report, it must give notice to the applicant so that he/she may request additional disclosures and a summary of the scope and substance of the report.
True
The LMRDA does not displace state laws governing unions' relations with their members except to the extent that those state laws would conflict with federal law.
True
The Lilly Ledbetter Fair Pay Act also expanded the list of persons aggrieved by the discriminatory pay practice or decision to include family members and children of deceased workers.
True
The Montana Wrongful Discharge from Employment Act limits employee damages for wrongful termination to four years of compensation.
True
The Rehabilitation Act of 1973 expanded previous federal responsibilities for research and training programs with respect to disabled persons.
True
The benefits received for worker's compensation are separate from any other medical benefits the worker may receive.
True
There is no precise method for determining underutilization.
True
Title VII does not prevent employers of businesses operated in proximity to Native American reservations from preferring Indians over others for jobs.
True
Title VII provides for race and color protections for all races: Whites, Blacks, Asians, Latinos, Arabs, American Indians and Alaska Natives, Native Hawaiians and Pacific Islanders, and mixed-race persons.
True
Under FMLA provisions, how many weeks of unpaid leave is a qualified employee entitled to?
Twelve weeks
Operations of two or more employers are considered so intertwined that they can be considered a single employer for purposes of both federal statutory coverage and liability. This is known as a(n):
Integrated enterprise
Operations of two or more employers are considered so intertwined that they can be considered the single employer for purposes of both federal statutory coverage and liability. This is known as a(n):
Integrated enterprise
Two corporations have combined their management and operations into a single place with 30 total employees. Which type of business relationship is formed that now requires both companies to comply with federal employment law?
Integrated enterprise
Which of the following is not included in the EEOC's definition of race?
Intelligence - known intellectual strengths of different races
When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, __________ has occurred.
Intentional interference with a contract
What is the purpose of the Omnibus Transportation Employee Testing Act?
It authorizes and regulates drug testing of employees in the airline, railroad, trucking, and public transportation sectors
What did Executive Order 8802, issued by President Franklin D. Roosevelt, entail?
It declared that full participation in national defense programs by all U.S. citizens, regardless of race, creed, color, or national origin was federal government policy.
Which of the following is not an action taken by the Norris-LaGuardia Act?
It declared yellow dog contracts against public policy and rendered them enforceable in any United States court.
An employee works for the United States Department of Defense, a public employer. To investigate allegations of misconduct, the employee's supervisor conducts a search of the employee's office. Which two standards must this search meet in order to satisfy constitutional requirements?
It must be (1) justified at its start, and (2) limited in scope.
What is the purpose of the Fair Credit Reporting Act?
It regulates how consumer reporting agencies collect, correct, disseminate, and use consumer credit information
In the Hewlett-Packard Company case, an employee who objected to the firm's diversity policy posted anti-gay verses from the Bible at his desk. The court that ultimately heard that case found an undue hardship because:
It was impossible for HP to accommodate religiously-motivated expressions that violated its core human resource philosophy.
What made the Norris-LaGuardia Act so significant?
It was the first comprehensive labor statute governing the interplay between unions and business
When injuries occur in the workplace as part of the normal course of business, the process of providing remedy is governed by state law and is called:
Worker's compensation
How was the Sherman Anti-Trust act used against unions?
Workers organizing into unions were considered a combination designed to restrain trade
All of the following except one are situations in which disciplinary termination would be expected:
Working extra hours at home
What steps can the Department of Labor take against contractors that don't follow Affirmative Action guidelines?
All of the above (cancel contracts; debar a contractor from bidding on future contracts; ask the attorney general to seek equitable relief)
Due diligence in an employer's background check could include:
All of the above (credit history; education or experience; driving record)
The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by:
All of the above (federal agencies; those receiving federal assistance; federal contractors)
Religious observances include a broad range of activities that could include:
All of the above (formal meeting attendance; public praying; proselytizing or abstinence from some common practices)
Which of the following is a basic AA plan requirement?
All of the above (reasonable-self analysis; reasonable rationale for taking corrective action; reasonable action)
What factors are considered when determining undue hardship?
All of the above (size and nature of the business; extent and cost of the accommodation; the overall resources of the business)
An employer may not have a duty to accommodate religious beliefs if:
All the above
Courts will find a RIF plan discriminatory if:
All the above
What is the term which describes an adverse employer job action based upon an employee's lawful actions?
retaliation
If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a
retaliatory discharge
When long-standing employee performance issues are not resolved through progressive discipline, the most likely result is employee _________
termination
In 1964 Congress did not include religion as a protected class under Title VII.
False
In cases where a former employee is a danger to others, a "no comment" or limited information referral will shield a former employer from liability.
False
Like racist comments, all rude or offensive behavior directed at an individual because of nation of origin characteristics is harassment.
False
On June 19, 1963, President John F. Kennedy sent comprehensive civil rights legislation to Congress, asking it to:
"Make a commitment it has not fully made in this century to the proposition that race has no place in American life or law."
Executive Order 11246 requires that any federal contract for services with a value over __________ must include the standard nondiscrimination clause.
$10,000
The federal Drug Free Workplace Act of 1988 requires federal contractors doing more than _____________ in business with the federal government to ensure a drug-free workplace through education and enforcement of drug-free policies.
$100,000
The risks to employers from sexual harassment claims is great, as plaintiffs may claim up to _____________ in compensatory damages, ask for punitive damages, and request jury trials.
$300,000
OFCCP regulations require that for contracts over $________, the contractor must prepare a written AA plan within 120 days of the contract start date.
$50,000
Under the IRCA, it is illegal to hire or retain undocumented workers if you employ how many workers?
4+
The Age Discrimination in Employment Act of 1967 protects individuals who are over what age?
40
The Age Discrimination in Employment Act protects workers that are ____ and older.
40
AA regulations require that federal contracts worth over $50,000 must prepare a written AA plan within ______ days of the contract start date.
120
What is the youngest permitted working age?
14
Under the Americans with Disabilities Act, it is illegal for a company with ____ or more employees to discriminate in employment against qualified persons with disabilities.
15
Worker's compensation benefits are fixed by law and typically include replacement income of how much?
2/3 normal pay
The ADEA applies to public and private employers and unions with more than __________ employees.
20
Amendments to The Vietnam Era Veteran Readjustment Assistance Act of 1974 require that federal contracts entered into after 1 December, ______, and worth more than _____________ require contractors and subcontractors to undertake AA for specified categories of veterans.
2003 : $100,000
A workforce reduction plan must contain language recommending consultation with an attorney and has to include both ____-day consideration and ___-day rescission periods.
21 : 7
How many states have right-to-work protections?
24
A 2008 FMLA amendment allows for a ___________-week period of leave for qualifying family members of veterans seriously injured in the line of duty.
26
How many days after the actual employee start date does the employer have to submit an employee query to E-Verify?
3
In exchange for offering retirement incentives, employers require an assurance from the retiring employee that he or she will not make a personal claim against the employer under the ADEA, through so-called:
ADEA waivers
Employment policies made it difficult for older workers to retain employment and find new employment after termination. In response, Congress passed the:
ADEA
A tool employers used to limit the power of unions was prosecution of unionizing workers under common law criminal conspiracy laws. What is considered a conspiracy?
A combination of two or more persons to accomplish an unlawful purpose
What is an Affirmative Action plan?
A government contractor's formal plan establishing employment placement goals and timetables for hiring more women and minorities
Which one of the following statements is true regarding hostile work environment?
A hostile work environment may be created when an individual witnesses the ongoing harassment of a coworker.
Which of the following is not considered a business necessity for applying an English-only rule?
A majority employee vote for the rule to be instated
Which type of employee would be considered exempt from overtime under the Fair Labor Standards Act?
A manager with two direct reports who receives high pay
How has the Supreme Court defined a supervisor?
A managing employee who has power to take tangible employment actions against the victim
Which of the following is not an element of a prima facie discrimination case for gender discrimination?
A person of the same gender received favorable employment action
Which of the following is not an element of a prima facie case for gender discrimination?
A person of the same gender received favorable employment action or the employer continues to look for applicants for the position.
How does the Immigration and Nationality Act (INA) define the term "alien"?
A person who lacks citizenship or status as a national of the United States
What was President Nixon's Philadelphia Plan?
A plan requiring contractors to establish specific goals and timetables for correcting imbalances in employment practices
In order to drug test federal employees, the governmental agent must have _________ that an employee is engaged in illegal drug use.
A reasonable suspicion
Which of the following is not a BFOQ?
A retail store in a predominantly Asian neighborhood advertises for Asian clerks
What is a "reasonable self-analysis" as it pertains to an AA plan?
A review of what the contractor's workforce looks like
To win an NLRB certification election, a union must have how many votes?
A simple majority of those voting, with a tie going to the employer
What is racial animus in the employment discrimination context?
A situation where an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race
Jeffrey has come forward with an allegation of quid pro quo harassment by his supervisor. As the HR Manager, you are responsible for investigating the complaint. The supervisor in question is someone with whom you are friends. In this case, who is the best person to conduct the investigation?
A third party investigator
What was the court's ruling in the Meritor case regarding the claimant's past sexual history?
A victim's sexual history or behavior is immaterial to a sexual harassment claim
Certain employees can be exempt from FLSA standards. What is the most common description of exempt employees?
A white-collar professional who has a high degree of responsibility, works long hours, and receives high pay
What is a strike?
A work stoppage by mass refusal of employees to work
What is a "mass layoff"?
A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing. It involves workforce reductions of at least 50 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 500 employees.
Language is very closely related to employee or job applicant national origin affinity and, therefore, employers must pay special attention to avoid ________ discrimination and establishing unnecessarily strict English fluency or English-only rules in the workplace.
Accent
The Electronic Communications Privacy Act (ECPA) prohibits employers from purposefully intercepting by electronic means any employee wire, oral, or electronic communications, as well as:
Accessing, without permission, stored electronic communications
Which of the following is not a "special need" job that requires drug testing?
Accountant
The employer must show how the ___________ will create an undue hardship and may not merely speculate on the issue.
Actual costs of accommodating
An employer who knowingly hires illegal workers cannot use the defense of their illegal status as a basis for _________________ employment actions.
Adverse discriminatory
Which of the following is not included as a protected group in a federal contractor's mandatory nondiscrimination clause?
Affinity orientation
President Kennedy in 1961 introduced the term ___________ for the concept of redressing the effects of persistent discriminatory employment practices in spite of civil rights laws and constitutional guarantees.
Affirmative Action
_______ includes an emphasis on recruiting or promoting qualified individuals from a class that may have been or is underrepresented.
Affirmative action
What is Judicial Affirmative Action?
Affirmative action applied to private parties in discrimination lawsuits
Language is very closely related to employee or job applicant national origin affinity and, therefore, employers must pay special attention to avoid:
All of the above (accent discrimination; establishing unnecessarily strict english fluency rules; english-only rules in the workplaces)
Rehabilitation Act of 1973
All of the above (Governs the authorization of grants to states for vocational rehabilitation services to those with severe disabilities; Expanded previous federal responsibilities for research for disabled persons; Expanded training programs with respect to disabled persons)
Nation of origin discrimination applies not only to a country but to a group of people who share a common:
All of the above (Language; Culture; Ancestry)
Religious observances include:
All of the above (Meditation; Donning garb; Formal meeting attendance)
The National Labor Relations Board has multiple functions related to labor relations. Which of the following is not among its roles?
Approves temporary workers to replace picketing employees
In a disparate impact claim under Title VII, the plaintiff must establish the following prima facie elements:
An apparently neutral employer's procedure, policy, or practice, which has the effect of limiting employment opportunities for a particular class AND The difference in impact is substantial
In an appropriation of likeness or image tort:
An employer may not use the name, likeness, or image of an employee for commercial purposes in a way that is not contemplated by the actual job the employee holds
What is the escalator principle?
An employer must place the returning veteran in positions that he or she may have attainted, absent the military leave.
Which of the following is an example of gender plus discrimination?
An employer treats an employee different because he/she has young children at home, assuming he/she will have less time to devote to work
Which of the following is not a qualification to fall under federal employment law statutes?
An entity is not engaged in an industry-affecting commerce
What is the definition of an employer?
An entity that employs another to work on his or her behalf for pay
Which penalty is imposed by the Immigration Reform and Control Act?
An individual HR employee who fails to check a new worker's eligibility to work in the United States may face civil liability.
Which of the following is considered an example of hostile working environment sexual harassment?
An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee's work performance
The Supreme Court in Hazen Paper Co. v. Biggins, 507 U.S. 604, held that age and seniority are ________________ from each other in the ADEA context.
Analytically distinct
What is Affirmative Action?
Any action taken by an employer to overcome discriminatory effects of past, or current, practices or policies which create barriers to equal employment opportunity
In the labor law context, what is Concerted Activity?
Any and all efforts of workers to join together to seek working condition improvements from management
How many life activities must an impairment limit to be considered a disability?
At least one
Which of the following definitions was not adopted by the ADA from the Rehabilitation Act's definition of a disability?
Being able to pass the national impairment proof test
Which of the following is not a requirement of the Omnibus Transportation Employee Testing Act (Omnibus Act)?
Biannual scheduled drug tests
Serena filed a charge of discrimination against Big Bob's Automotive with the EEOC. What is the first thing that will occur?
Big Bob's will be notified of the charge
The most common employer defense to ADEA disparate treatment claims is:
Bona fide occupational qualification
Which practice is descriptive of a church requiring clergy to be of a particular denomination?
Bona fide occupational qualification
The effect of the Americans with Disabilities Act was to standardize and nationalize employment protections for the qualified disabled employee in the _________ sector.
Both public and private
The majority of United States citizens identify themselves as _________ .
Christian
What are the two bona fide occupational qualifications which come into play under the IRCA?
Citizenship for specific federal jobs and public policy functions and English proficiency to the standard necessary to carry out essential business operations
Congress passed the ________________ to codify the concept of disparate impact discrimination as articulated in Griggs v. Duke Power.
Civil Rights Act of 1991
Unlike disparate treatment based upon __________ characteristics, retaliation involves adverse job action based upon an employee's lawful actions.
Class
The federal government has adopted a policy that provides for employee religious speech at public facilities, but with reasonable restrictions on time, manner, and place, as well as consideration for:
Co-workers who have made it clear the speech is unwelcome
The Sherman Anti-Trust Act made it unlawful to:
Combine together to restrain trade AND seek monopoly business power
Written opinions by judges through case by case court decisions are called:
Common law
Once an employer receives the proper paperwork and completes the I-9 forms, he or she is not required to:
Conduct an independent investigation on the validity of the documentation
Agency is a _________________ between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal.
Contract relationship
President Johnson issued Executive Order 11246, which required that _________ have a nondiscrimination clause in contracts and abide by its terms.
Contractors and subcontractors working with the federal government
During its first few years, the EEOC lacked enforcement authority and had power only to investigate discrimination and then refer meritorious claims to the _________________ to pursue through litigation.
Department of Justice
What are the two different types of pension plans?
Defined benefit and defined contribution
Several states, including Nevada, California, and Utah, have passed legislation prohibiting an employer from requiring an employee or applicant to:
Disclose user names or passwords to personal online social media accounts as a condition of employment
Which of the following is not a main tort that arises from former employee references?
Discrimination
The phrase "reverse discrimination" is a misnomer because:
Discrimination is discrimination when it is directed at anyone
Requesting specific documents from aliens to establish work eligibility, but allowing U.S. citizens to choose which documents will support the right to work is:
Discriminatory
Employers must not apply a job performance measure, for all employees, which has a/an ____________ on a protected class of persons.
Disparate impact
When an employer's facially neutral procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class, they are said to have __________________.
Disparate impact
A 65-year-old woman was passed over for a job. When she inquired about this, the employer told her, "We're looking to create a younger workforce." Which type of discrimination is reflected in the scenario?
Disparate treatment
Which race discrimination claim can be based on an employer's policy of racial animosity, steering assignments or yielding to customer discriminatory preference?
Disparate treatment
______________ discrimination is directed at an individual, _____________ discrimination is directed at a class of persons.
Disparate treatment : disparate impact
Most employees do not understand that the fundamental privacy protections implied by the Constitution __________ to governmental intrusion and ________ to employer action.
Do apply : do not apply
Compensatory damages are a monetary amount necessary to replace what the claimant lost. Which of the following is not included?
Ego
Consolidated Omnibus Budget Reconciliation Act (COBRA) allows that when an employee leaves a firm he/she may carry the firm's health care plan -- at the employee's expense -- for ____ months?
Eighteen
Which system for employers determines worker eligibility using Form I-9?
E-Verify
To which agency did Title VII give authority to conduct its own enforcement litigation?
EEOC
Unlike Title VII, an EPA claim does not require a complaint to the ________ prior to bringing a lawsuit against an employer.
EEOC
The Health Insurance Portability and Accountability Act was passed in 1996 as an amendment to which act?
ERISA
Disabled persons in the United States are not very common, with less than 5% of the population being afflicted with a disability.
False
Energetic Pets, Inc. has four locations in Kentucky, employing 2000. 1000 of the employees are part-time and the other 1000 full-time. At the headquarters location in Covington, recent storms caused severe flooding and half of the building and its materials were destroyed. Which of the following under WARN is true?
Energetic can lay off as many employees as it deems necessary.
Drug testing law is the same for both public and private sectors.
False
Favorable actions to an employee cannot be seen as retaliation.
False
Given that the request is legitimate, an employer has the duty to provide the employee with a reasonable accommodation, even if undue hardship is caused to the business.
False
A nursing home decided to reduce costs by terminating its highest-paid and least-productive employees. To ensure that supervisors accurately assessed productivity and did not base evaluations on stereotypes, the employer instructed supervisors to evaluate productivity in light of objective factors such as the number of patients served, errors attributed to the employee, and patient outcomes. Which of the following is true of this example?
Even if the practice did have a disparate impact on older employees, the employer could show that the practice was based on a RFOA
Which of the following is not a reasonable accommodation?
Exceptions to seniority rules
Which of the following could be considered severe or pervasive enough to create a hostile work environment?
Excessive profanity;Offensive touching;Disseminating pornography
The factors examined to determine disparate treatment in a color and race discrimination case include all of the following except:
Explained deviations from policy
Which of the following is not a protected right pertaining to social media use?
Exposing trade secrets
The courts will not review whether the termination of an older worker was ________, but rather whether it was based upon clear procedures, objective budgetary considerations, and actual position elimination.
Fair
Affirmative action applies to the majority of the workforce.
False
An aggressive sexual advance is made by a male boss to a female subordinate and rejected. Later the female employee receives a raise. There is no colorable claim of quid pro quo sexual harassment because the "victim" did not suffer a tangible job action.
False
An employee can be subject to any negative job action for making a frivolous claim of disparate treatment discrimination under Title VII.
False
Before 1964, it was uncommon to see overt religious discrimination in the workplace.
False
Disabled persons have a higher employment rate than non-disabled persons.
False
An organization requires that job applicants have at least a bachelor's degree. Applicants in a protected class under Title VII claim that this requirement puts them at a disadvantage. Which rule determines whether there was substantial impact on the protected class?
Four-fifths rule
Phillip spent a summer abroad in the country of Turkey during his college years. Since joining the Express Packaging Co. as a Shift Manager, he has become friends with a few work colleagues who are Turkish. When he applies to become Production Manager, even though he is highly qualified, he doesn't get an interview. Which of the following statements are true?
He could file an EEOC claim based on national origin
Prior to 1986, it was ________ for undocumented workers to work in the United States, but not ________ for employers to hire them.
Illegal : Illegal
Which claim alleges that the work atmosphere has become sexually charged with offensive behaviors that interfere with an employee's work performance?
Hostile environment
At the beginning of employment, under federal immigration laws, a worker is required to verify his/her _______ and _________ to work legally in the United States.
Identity : Eligibility
If a claimant provoked or engaged in offensive behavior at work, courts have held that:
If the victim has provoked the bad conduct, he or she will be prevented from making a claim of sexual harassment AND A victim's sexual history or behavior is immaterial to a sexual harassment claim.
If either side brings up a subject which cannot legally be implemented into a collective bargaining agreement, then a(n) _________ has been raised.
Illegal bargaining subject
What is the purpose of ADEA waivers?
In exchange for retirement incentives, the employee agrees to not make a claim against the employer under the ADEA
What is the definition of Bona Fide?
In good faith
If investigating an employee's disability claim, the employer has the right to collect footage of the employee:
In public places
If an English-only rule is adopted, an employer should ensure, by reasonable means, that non-English speaking employees are apprised of the rule:
In their native language
The employer defense to disparate impact claims is that the employment practice:
Includes a reasonable factor other than age
What is the name of the movement which has worked to take disabled persons out of isolation and institutions and place them squarely in the mainstream community of school and employment?
Independent living movement
When operations of two or more employers are considered so intertwined that they can be considered the single employer, for purposes of both federal statutory coverage and liability, this is called a:
Integrated Enterprise
A manufacturing firm with 370 employees plans to close one of its plants and lay off 56 employees. To facilitate the plant closure and allow its employees time to seek other employment, the firm gives the employees 40 days' notice of the impending closure. Because of financial troubles, the firm is not providing severance packages. Which circumstance allows the firm to take these actions without violating the Worker Adjustment Retraining Notification (WARN) Act?
Layoffs due to a severe unforeseen loss of capital
Liam applied for a position with Home Pros as one of their apprentices. Home Pros provides mobile "fix it" services to residents. One part of the selection process is passing a drug test. Which of the following statements is true?
Liam can refuse the drug test but Home Pros can eliminate him from the selection process as a result.
__________________________ refers to the law providing that the 180-day filing period begins to run on the date of any of three events: 1) the adoption of a discriminatory practice or decision; 2) the application of the discriminatory practice or decision to the employee; and, most significantly, 3) each time wages, benefits, or compensation is paid under the practice or decision.
Lilly Ledbetter Fair Pay Act
Which of the following is not a form of retaliation?
Limited supervision
The problem of continued race discrimination is evident by reference to the labor market itself, with persons of color being much more likely to work in __________ jobs than whites.
Low-paying
Workplace surveys suggest that the ________ of employee performance appraisals are inadequate.
Majority
An employee requests a schedule change to accommodate his religious practices. According to Title VII, which action is considered an undue hardship for the employer?
Mandating that other employees change their schedules against their objections.
A _________________ is generally one which concerns wages, benefits, hours, and layoff procedures. A _______________ is one which either party may bring to the table, but over which the other party is not required to bargain.
Mandatory bargaining subject : permissive bargaining subject
The __________ prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions.
Pregnancy Discrimination Act
Which of the following is not information covered by the FCRA?
Marital status
Occasionally calling someone lazy, making fun of an accent, or accusing someone of stealing "American jobs":
May not be enough to qualify as harassment; however, that behavior can be harassment if it becomes unrelenting
Workers who are opposing discriminatory practices under the PDA, filing a discrimination charge, testifying, or participating in an investigation, proceeding, or litigation under Title VII:
May not be retaliated against for opposing discriminatory employer practices
If the employer produces a legitimate business reason for the job action, under the _________________ formula, the burden shifts back to the employee to demonstrate that the employer's proffered reason is pretextual.
McDonnell Douglas
_______________is the foundational case that establishes the notion of pretextual discrimination.
McDonnell Douglas, Corp. v. Green
Which type of information is covered by the Fair Credit Reporting Act?
Medical records
What is the seminal case for hostile environment sexual harassment?
Meritor Savings Bank, FSB v. Vinson
Remedies can include:
Money AND a desired action
_____________ prohibits termination for anything other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute.
Montana Wrongful Discharge From Employment Act
According to the EEOC, religious beliefs are:
Moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views
What federal agency was created to administer the provisions of the NLRA?
National Labor Relations Board
Under the Taft-Hartley Act, the executive branch of the federal government is empowered to obtain legal strikebreaking injunctions in the courts if an impending or current strike imperils:
National health and safety
Certain nationals may be discriminated against in employment in situations of:
National security, under federal statute or Executive Order
An employer must exercise a reasonable effort to screen job applicants who may pose a risk of violence in the workplace. Failure to do this is known as:
Negligent hiring
An employee has demonstrated a tendency toward violent behavior in the workplace. This tendency has developed over several years, but it was not easily discernable when the employee was initially hired. The employer is aware of the employee's violence but does not terminate the employee. Which legal risk does the employer face in this situation?
Negligent retention
The rationale of the prima facie case in disparate impact cases is to eliminate the _____________ reasons for a job denial and thereby show that discrimination is the most plausible explanation.
Nondiscriminatory
Paying for overtime work with compensatory time is:
Not allowed for private employers but is allowed for public employers
The Supreme Court in Hazen Paper Co. v. Biggins held that a paper company's decision to terminate an employee because his pension was about to "vest" was:
Not in violation of the ADEA
Unlike the "business necessity test" in Title VII cases, when an employer makes a reasonable business decision impacting older workers, the employer is __________ to search for, or employ, another less-discriminatory practice for achieving the legitimate business purpose.
Not required
Under the NLRA, what action may the employer take if two employees engage in an online discussion about working conditions?
Nothing, the employer cannot retaliate
To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections through the use of aggressive retirement pressures, in 1990 Congress passed:
OWBPA
Which type of performance measures are safest to have on an appraisal?
Objective
Which of the following is not something a complaining party must show in a case of pretext?
The complaining party was previously employed by the employer in question
Which of the following is a trigger for race-based harassment liability?
The conduct must be unwelcome AND The victim must show discomfort of some form
Under USERRA, employers are not required to:
Pay employees while on military leave
A year before the passage of Title VII, the Equal Pay Act (EPA) was enacted to require almost all employers to:
Pay women and men equally for the same work
To establish an ADEA claim, the burden of proof falls squarely on the ___________ to show that "but for" age discrimination the negative job action would not have occurred.
Plaintiff
A/An __________ is a single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for a 30-day period.
Plant closing
Gender plus discrimination may also involve age, as in hiring younger women over older women as child care workers or receptionists. In this case, age is the:
Plus factor
The Supreme Court established the _____________ doctrine, which holds that Title VII is not violated when citizenship is a requirement for non-elected governmental positions when those positions require formulation, execution, or review of public policy issues.
Political function
If the information obtained is negative and the employer intends to rely on it to deny employment or advancement, the employer is required under the FCRA to provide the applicant with a(n) ____________ and a copy of both the negative information and the applicant's rights under the FCRA.
Pre-adverse action disclosure
HIPAA restricts employers' use of an employee's __________________________ to exclude coverage or charge more for medical benefits.
Pre-existing medical condition
Part of the increase in disability discrimination complaints to the EEOC is caused by:
The slowness of employers to modify negative stereotypical thinking about disabled employees
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the:
Private sector
What is the main purpose of the Equal Pay Act of 1963?
Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination
Which of the following is a good example of accommodating a request for religious advocacy?
Provide for a time and place for religious discussions before and after work and on breaks.
What are the employer's responsibilities after the National Labor Relations Board (NLRB) has authorized a union election?
Provide the NLRB with contact information of workers eligible to vote in the election
It is generally bad policy to ban all private religious communication at work.
True
A 2008 amendment to the FMLA allowed for a twenty-six week period of leave for:
Qualifying family members of veterans seriously injured in the line of duty
Nation of origin employment discrimination is often linked to ________ and ____________ discrimination because those factors are closely associated with a specific country or ethnic group and often the same set of facts support the varied claims.
Race : religion
In School Board of Nassau v. Arline, a school board fired a school teacher who had recently recovered from a documented third bout of tuberculosis for fear that the disease would return and pose a risk to school children. Which of the following statements is true?
The courts held that the teacher was protected under The Rehabilitation Act of 1973 because allowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of the Act
The Privacy Act places a duty to ensure privacy and accuracy of the records on:
The custodian of the records
Which of the following statements is true based on this scenario?
The design and administration of the practice was not reasonable because it decreased the likelihood that the employer's stated goal would be achieved and increased the likelihood that older workers would be disadvantaged.
Religion is more than what a person believes but also what he or she "does."
True
An undue hardship is one that does all of the following except:
Requires a financial outlay that exceeds 25% of the employee's annual salary
"Let the master answer for the servant" applies to which vicarious liability doctrine?
Respondeat superior
What factors drove Congress to pass the ADA Amendments Act?
Response to several United States Supreme Court cases that narrowly construed the definition of disability
The FMLA requires employers to allow eligible employees to do all of the following except one:
Retain all earned sick and vacation pay until returning to work
In a ____________ referral claim, a former employee must show that the negative referral provided by the former employer was in response to an employee's claims of discrimination or acts of whistleblowing.
Retaliation
A company sets a goal to hire 30% women in engineering jobs. A class action lawsuit alleges that this preference will result in denying jobs to otherwise qualified males. Which theory does this scenario illustrate from the male's perspective?
Reverse discrimination
Laws that give workers the freedom to not join a union are known as:
Right-to-work laws
This defense is applied when the same employer hires and then fires the 40 years or older plaintiff employee claiming discrimination. The courts have concluded that if the employer was willing to hire a person 40 years of age or older, a permissible inference is present that age was not a motivating factor in the ultimate termination of that same employee.
Same actor defense
Employers have wide latitude in disregarding usual company policy in favor of the disabled employee without running afoul of other anti-discrimination statutes, but generally may not make exceptions to:
Seniority rules or collective bargaining agreements
The Clayton Act prohibited the elimination of unions and expressly removed union organizing efforts from the "anti-combination" language in which act?
Sherman Anti-Trust Act
A women's shelter hires only women as intake specialists and is being sued for disparate treatment. Which role does human resources have in relation to the Equal Employment Opportunity Commission (EEOC) in this scenario?
Showing bona fide occupational qualification
The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following?
Similarly situated workers of the same gender, with small children, are treated more favorably
Which of the following is not a prima facie case element to show worker discrimination for a concerted activity?
The employer attends all concerted activities of the employee
Which of the following is not a claim in a prima facie case for a hostile work environment?
The employer does not know the actions are unwelcome
Which constitutional provision mandates that federal regulations have priority over state law?
Supremacy Clause
Employees are protected from discharge under which one of the following situations:
The employer has not dealt with the employee in good faith and with fairness
When a supervisor, within the scope of his or her employment, engages in sexual harassment:
The employer must answer for the bad behavior
What is the common name of the Labor Management Relations Act of 1947?
Taft-Hartley Act
If a contractor determines underutilization is occurring, it must:
Take a reasonable action to remedy the imbalance
The Rehabilitation Act of 1973 requires federal contractors and subcontractors to:
Take affirmative action to employ qualified individuals with disabilities
While the facts of such cases are always subject to personal interpretation, is it often more clear when quid pro quo sexual harassment occurs because there is traceable __________ action.
Tangible Job
The possible employment outcomes used as part of the exchange in sexual harassment are called:
Tangible job actions
Which of the following is a permissive bargaining subject?
Technology issues
During a unionizing campaign, management may not do which of the following in response to union allegations?
Tell employees the company will have to move jobs to another country if the union is elected
In Title VII disparate impact discrimination claims, the plaintiff charges that:
The employer's procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class.
After good faith negotiations, an employer and a labor union cannot resolve an issue and have reached an impasse. What does the National Labor Relations Act (NLRA) require in this situation?
The Federal Mediation and Conciliation Service must be notified.
Premiere Semiconductors Inc. recently hired 30 new assemblers. The following groups of people applied and were hired; which group(s) experience disparate impact: African Americans: 22 applied, 10 hired Caucasians: 28 applied, 14 hired Hispanics: 20 applied, 6 hired.
The Hispanics
What major event happened in 2013 that sharply focused the national and international debate on privacy?
The NSA had recorded details of virtually every telephone call, email, and text made by Americans
Which of the following is not part of the EEOC's investigation for a discrimination claim?
The impact on the organization's performance
What government agency administers HIPAA?
The Office for Civil Rights in the Health and Human Services Agency
Regulation of Affirmative Action is overseen by:
The Office of Federal Contract Compliance Programs (OFCCP)
The Church of Jesus Christ of Latter-day Saints maintained a policy that all of its employees be required to meet a strict standard of personal commitment to the church principles represented by a worthiness certificate. Amos, a janitor at a church-owned gymnasium, failed to obtain the certificate and was terminated from employment. The Supreme Court in the case of the Corp. of Presiding Bishop v. Amos 483 U.S. 327 (1987) found that:
The Section 702 exemption covered all Latter-day Saint employees because of the church's broad range of activities, which included providing health care, education, and ranching services.
What is the common law definition of a tort?
The commission of a civil wrong which causes someone to suffer loss or harm, resulting in legal liability
The primary object of attention in cases brought under the ADA should be whether covered entities have complied with their obligations and whether discrimination has occurred, not whether:
The individual meets the definition of disability
What is disparate treatment under Title VII?
The intentional adverse or unequal treatment of an individual based upon a protected class characteristic.
In order to establish a claim of intrusion upon seclusion at work, an employee must show there was: 1) unauthorized employer intrusion or prying into his or her seclusion; 2) the employer intrusion was highly offensive to a reasonable person; 3) the matter intruded upon was private; and:
The intrusion caused anguish and suffering
Which is NOT a legitimate business reason for basing employment decisions on English language skills?
The majority of citizens speak multiple languages
In age discrimination, what is the meaning of a mixed motive?
The many factors which come into play in discrimination cases
What is collective bargaining?
The negotiation process in which unions represent workers in bargaining with employers to improve conditions of employment
In an adverse impact claim where the employer offers a legitmate reason for the adverse employment action and the burden shifts back to the plaintiff, which of the following does not support the plaintiff's case?
The reason is important to the business but not the specific employee
What does the Federal Privacy Act of 1974 govern?
The release of private information by federal agencies about public employees
One of the main features of HIPAA is its prohibition against:
The release of private medical data without the permission of the individual covered
Why was it permissible for a Jesuit university to deny a qualified Jewish philosophy professor a teaching position at the university on the basis of his religion?
The requirement that a professor also be a Jesuit was wholly consistent with the university's mission to expose students to education in the context of the Jesuit tradition.
What is the essence of privacy?
The right to be left alone
What did the U.S.C. Section 1981 provide to all citizens, including those of African descent?
The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws
Which of the following is not a test that determines if an employee is an independent contractor?
The right to work state law index
If an employee's ability to perform the essential functions of a job is temporarily disrupted by pregnancy, employers must treat an employee:
The same as any other temporarily disabled worker
Which three outcomes are legally possible if parties cannot resolve one or more mandatory issues during collective bargaining negotiations and reach a deadlock?
The union may call a strike, The employer may lock out the union workers, Either party may resume discussions with the other.
Which of the following is not an exception to the rule for rehiring veteran employees?
The veteran has sustained a physical disability during his/her tour of duty
Which of the following is not one of the three different tests commonly used to determine if a worker is an employee or independent contractor?
The working description test
Why did the Civil rights act of 1964 add the word sex just before signing it into law?
There existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII
When plaintiffs allege adverse impact discrimination, they must show:
They are a member of a particular protected class; They applied for the job;The job was available
Section 508 of the Rehabilitation Act requires federal information and technology platforms to be accessible to people with disabilities, including employees and the public.
True
IRCA requires employers retain the Form I-9 in a file, separate from the standard personnel file, for a period of ________ year(s) after hire, or ________ year(s) after termination, whichever is longer.
Three : one
Fred is a machine operator for the ABC Factory in Champaign, Illinois. ABC has 1500 employees and has been in business for 15 years. Fred works second shift and is paid $15.00 per hour. Under the FLSA, ABC must pay Fred under which of the following circumstances?
Time at work, reading a book while waiting for her machine to be fixed
As with other protected classes, ___________ prohibits harassment related to nation of origin.
Title VII
What is the purpose of the Older Worker Benefit Protection Act?
To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections
Since the workplace is an exchange between the employee and employer, employers have rights as well as responsibilities. all of the following but one are employer rights:
To remain an ongoing, viable concern
Which right does an employee relinquish in exchange for worker's compensation?
To sue the employer in tort
Invasion by an employer into the private affairs of an employee may be the ______ of invasion of privacy.
Tort
Employers are often hesitant to provide detailed references about former employees due to the risk of:
Tort liability
When addressing cases of race-based harassment, the EEOC looks at the:
Totality of the circumstances
The Courts have found that "religion" includes:
Traditional organized religions as well as new, informal, small, or personal religions
An employer is entitled to set a preference for a particular race or gender where there is a serious imbalance or a long history of bias.
True
An employer may discriminate in employment on qualifications.
True
Contractors may not use E-Verify to pre-screen potential employees.
True
Employees are entitled to any earned commissions, sick pay, seniority, pension, or health benefits accrued in the 180 days prior to a plant closing.
True
Employees proselytizing to customers can be a cause of undue hardship.
True
Employers are required to accommodate religious diversity, but have no corresponding duty under Title VII to accommodate cultural or nation of origin work conflicts.
True
Employers must provide reasonable accommodation for an employee who seeks to display icons or religious messages at work stations, engage in regular discussions of religious beliefs, pray at work stations, overtly read scripture, hand out literature to co-workers, or use religious phrases in greeting others.
True
Generally, partners, directors, and major shareholders are not employees.
True
If the accommodation would be highly disruptive to the workplace, as in the case of a significant shift of duties to another employee or a diminution of service or performance by other workers, there may be a claim of undue hardship.
True
If the disabled person's condition constitutes a direct threat to the safety of others at work, he or she is considered not qualified for the job.
True
If two people apply for the same position, and one is 42 and other 52, the employer may not lawfully turn down either on the basis of age, but must make such a decision on the basis of some other factor.
True
In the McDonnell Douglas, Corp. v. Green case, the U.S. Supreme court remanded the matter to the lower court to conduct a hearing under the prima facie standards it established.
True
In unlawful age discrimination claims, the employer's consideration of the harmful impact of an employment practice and its efforts to mitigate it will be relevant to a successful defense of the rule or policy.
True
Information placed on social media by an employee is no longer considered private and may be obtained by the employer.
True
The Longstreet Manufacturing company has a bargaining contract in place. It contains a no-strike clause. Therefore, an employee can be terminated for participating in all of the following strikes except for:
Unfair Labor Practices
Which restraints does the Labor Management Reporting and Disclosure Act include?
Unions are required to hold officer elections every three years, and candidates must have access to voter rolls.
What was the major end result of the clearly-written Norris-LaGuardia Act?
Unions were permitted to engage in a broad range of collective bargaining activities
What does the fourth amendment prohibit?
Unreasonable governmental searches into private affairs of employees
Which two types of conduct make a company liable for race-based harassment?
Unwelcome conduct Pervasive conduct
What is a "hot cargo" agreement?
When an employer agrees to cease doing business with other employers that handle the firm's products
What is gender plus discrimination?
When an employer classifies employees on the basis of gender, plus another characteristic
What is negligent retention?
When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm
An employer can refuse to implement what would otherwise be a reasonable accommodation:
When it would cause undue hardship
In cases where a second language is a bona fide occupational qualification, an employer does not violate Title VII by assigning specific employees to:
Work with customers of a certain language group
Penalties for misclassification of an employee as an independent contractor can be costly. All of the following indicate the likelihood that a person is a contractor, except one:
Worker can control order or sequence
Progressive discipline refers to
a manager's graduated response to employee poor performance.
Once an employer becomes aware of a work-religion conflict, and the employee asks for an accommodation, the employer must determine first:
if the conflict is indeed a religious one
The fact that an employee has exercised his or her rights under an anti-discrimination statute does not prevent an employer from taking _______________ against that employee if performance lags or discipline is necessary.
legitimate job action
The unequal treatment of resident aliens versus U.S. citizens is:
unlawful
Best practices indicate that a large private employer should adopt a:
voluntary affirmative action plan
