ENT 466

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With a few high-risk industry and agriculture exceptions, every employer engaged in commerce with ____ employees is covered by OSHA. a. one or more b. 10 or more c. 25 or more d. 50 or more

A

Title VII of the Civil Rights Act created the: a. Occupational Safety and Health Administration (OSHA). b. Equal Employment Opportunity Commission (EEOC). c. Equal Rights Compliance Agency (ERCA). d. Justice Department (JD).

B

T/F A worker for a highrise window washing company has fallen 12 stories to his death due to a faulty scaffold. The CEO of this company, which has repeatedly been cited by OSHA for unsafe scaffolding, could spend six months in jail.

True

T/F According to the EEOC, employers must treat résumés as though they were application forms, even if the résumés contain information that is illegal to be used in the employment decision.

True

T/F Despite the numerous scandals surrounding executive pay, such as Enron and Tyco, and seemingly excessive compensation to executives in the financial industry, there is no federal law that places restrictions on executive pay or mandates reporting requirements regarding executive pay.

True

T/F Many of the work sites at which workers are injured are work sites that have not been inspected by OSHA in the previous five years.

True

T/F The Civil Rights Act of 1964 established the Equal Employment Opportunity Commission.

True

If accommodating a disabled person imposes significant difficulty or expense on an employer, the employer a. can claim undue hardship exists. b. may apply for federal grant money to make the accommodation. c. will be responsible for finding alternate work for the disabled person. d. may reduce the salary of the disabled person to compensate.

A

The Age Discrimination in Employment Act prohibits specific employers from discriminating against persons who are: a. 40 years of age or older. b. below 35 years of age. c. below 28 years of age. d. between 25 to 30 years.

A

A/an ____ is issued by the president of the United States to provide direction to government departments on a specific area. a. federal mandate b. presidential directive c. legislative initiative d. executive order

D

Adverse impact means that: a. men are paid less than women. b. employment decisions reject a higher percentage of a protected class than a nonprotected class. c. efforts are made to recruit a larger percentage of minorities. d. religion as a bona fide occupational qualification is permitted at the workplace.

D

Giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering is known as: a. sexual harassment. b. retaliation. c. affirmative action. d. reverse discrimination.

D

In terms of coverage, employers and employees not covered by FLSA are generally subject to: a. other federal laws. b. third party arbitration. c. independent arbitration. d. state laws.

D

To comply with the Immigration Reform and Control Act, employers should do all of the following EXCEPT: a. completing and retaining form I-9. b. presenting form I-9 for inspection upon request. c. verifying the citizenship or immigration status of their employees. d. refusing to hire immigrants.

D

T/F The Immigration Reform and Control Act requires employers to verify the legal rights of applicants to work in the U.S.

True

T/F The federal government is covered under the age discrimination in employment act

True

T/F U.S. government-owned corporations are exempted from the Civil Rights Act of 1964.

True

T/F Without a legal disclaimer in the job description's language, a job description could be considered a contract between the employee and the employer.

True

T/F Without thorough and accurate job analysis, it would be difficult for an organization to defend its recruiting and selection procedures, performance appraisal system, employee disciplinary actions, and pay practices against EEO challenges.

True

TF The Uniform Guidelines on Employee Selection Procedures were designed to help employers, labor organizations, employment agencies, and licensing boards comply with the requirements of federal laws prohibiting employment discrimination.

True

____ was passed to "assure as far as possible every working man or woman in the Nation safe and healthful working conditions and to preserve our human resources." a. Worker's compensation legislation b. The Occupational Safety and Health Act c. The Fair Labor Standards Act d.The Americans with Disabilities Act

b

T/F T/F The owner's son who works in sales would be an employee protected under Title VII.

False

T/F The Equal Employment Opportunity Commission consists of one commissioner from each state and a general counsel

False

T/F The Equal Pay Act prohibits employers from having different pay rates based on race, gender, religion, disability or age.

False

T/F The Four-Fifths Rule applies when the number of employees from a protected class is less than four-fifths of the number of employees hired from the class with the highest selection rate.

False

T/F The Griggs case established the principle that statistical disparity among protected class members must be made in comparison to the relevant labor market.

False

T/F The Polygraph Protection Act allows the use of polygraphs for most pre-employment screening.

False

T/F The difference between exempt and nonexempt employees is that exempt employees are paid overtime

False

T/F The Affordable Care Act applies to the government health exchange

False The Affordable care act does NOT apply to the government health exchange

exempt or nonexempt? newspaper delivery workers

exempt

exempt or nonexempt? outside sales employees

exempt

exempt or nonexempt? construction workers

nonexempt

exempt or nonexempt? craftsmen

nonexempt

T/F Title VII of the Civil Rights Act protects those who file charges against an employer with the Equal Employment Opportunity Commission (EEOC) from retaliation by the employer.

true

Does this information have to get stored in a separate file? EEO self-identity records

yes

Does this information have to get stored in a separate file? disciplinary actions

yes

Does this information have to get stored in a separate file? drug testing results

yes

Does this information have to get stored in a separate file? form 1-9

yes

prohibits discrimination against those 40 or older

ADEA

ADEA

Age Discrimination in Employment Act

you have a very limited right to hire on the basis of gender, religion, or national origin if a job has special requirements that make such discrimination necessary

BFOQ

A damp floor that is not marked by a warning sign is probably a/an ____ OSHA violation. a. serious b. imminent danger c. other than serious d. de minimis

C

A statement in the employee handbook that the employee or the employer may terminate the relationship at any time, for any reason, with or without cause or notice is called a/an ____ statement. a. implied contract b. temporary employment c. employment-at-will d. no-fault-employment

C

A test that measures a range of intellectual abilities, including verbal comprehension (Type: Vocabulary, reading) and numerical aptitude (mathematical calculations) is the: A. Personality test B. Interest inventory test C. Cognitive ability test D. Mechanical dexterity test E. Job analysis

C

A union shop requires a. that a job applicant have a "union card" to be considered for employment. b. employees who refuse to join the union to pay amounts equal to union dues and fees for the union's representative services. c. that an employee join the union, usually 30 to 60 days after being hired. d. non-union employees to be excluded from the protection of the union contract.

C

All but which of the following categories of employees are excluded from coverage under the Fair Labor Standards Act? A) Executives B) Administrative employees C) Wage employees D) Professional employees

C

Worker Adjustment and Retraining Act Threshold

100 or more full time employees

Caveat Emptor Services, Inc., is a consulting firm that offers a service to employers that examines all medical work and charges. Caveat reviews the procedures done and the charges for the procedures. As necessary, Caveat obtains a second opinion about the medical procedures performed. Caveat is performing a. medical monitoring. b. reimbursement control. c. a utilization review. d. a medical services audit.

C

Charlotte is describing her new HR position to a friend. She says that she handles most of the clerical duties involved in running the HR department, including such tasks as maintaining employee files and submitting governmental reports. Charlotte's job would fall into the ____ HR role. a. strategic b. operational and employee advocate c. administrative d. secretarial

C

Company policies that require only men to be assigned to hazardous jobs that may cause birth defects a. are usually applied on a case-by-case basis between management and HR. b. are recommended as a way of reducing workers' compensation premiums. c. have been held to be discriminatory against women by the Supreme Court. d. are a standard and accepted health and safety practice.

C

The maximum age for a dependent child to be eligible for COBRA benefits is now _______. Should a child reach that age within the 36-mont period, he or she is no longer covered

26

The CEO of Germaine Plumbing Products plans to open a new production plant. She wants to locate it in a state that has right-to-work laws restricting unions. The CEO should locate the plant in a. New York. b. Pennsylvania. c. Florida. d. Ohio.

C

What was the minimum wage is 1935

$0.25

You don't have to provide overtime pay to an employee who performs office or nonmanual work if he or she earns a total annual compensation of $______________ or more (which includes at least $_________per week paid on a salary or fee basis

$100,000, $455

fines of up to $___________ per violation may be assessed against employers who violate the child labor provisions of the Fair Labor Standards Act

$11,000

What is the work cost enacting the Davis-Bacon and Related Acts?

$2,000

McNamara-O'Hara Service Contract Act: Employers who hold contract or subcontracts to provide services in excess of $_________ to the United States government

$2,500

What is the minimum wage you can pay tipped employees?

$2.13

Affordable Care Act Covers any employer with at least one employee and at least $___________ in annual dollar volume of business is covered

$500,000

Usually if a firm has ____________ in annual sales they are covered under the Fair Labor Standards Act

$500,000

What is the minimum wage?

$7.25

How many employees must you have to be covered under the Affordable Care Act?

1

Employee Polygraph Protection Act Threshold

1 employee

Equal Pay Act Threshold

1 employee

Fair Credit Reporting Act Threshold

1 employee

Fair Labor Standards Act Threshold

1 employee

Occupational Safety and Health Act Threshold

1 employee

Personal Responsibility and Work Opportunity Reconciliation Act Threshold

1 employee

Threshold for the worker adjustment & retraining notification act

100+ full time employees

most COBRA noncompliance results from failing to notify employees and/or covered dependents, within _______ days of the COBRA qualifying event date, of their right to elect COBRA continuation of coverage and provide the COBRA election form

14

Americans with Disabilities Act Threshold

15 full/part time

Genetic Information Nondiscrimination Act Threshold

15 full/part time

Pregnancy Discrimination Act Threshold

15 full/part time

agricultural jobs - You may hire a worker who is _______ years old or older for any work, hazardous or not, for unlimited hours

16

According to the Fair Labor Standards Act, children can not work over _____ hours a week when school is in session.

18

COBRA requires that employers provide health care coverage, at the former employee's cost, for up to ________ after the employee leaves the company. A) six months B) nine months C) twelve months D) eighteen months

18

Penalties for Minimum Wage & Overtime Violations: - Back pay for up to ______ years from date of offense

2

COBRA threshold

20 full time employees

COBRA: ______ months if the terminated employee is disabled

29

Under the Davis-Bacon Acts: Must be based on _____% of the local labor force, based on union contracts

30

COBRA: ________ for the employee's former spouse and dependents when the qualifying event is the employee's death or divorce

36

According to the Fair Labor Standards Act, children can not work over _____ hours a week when school is NOT in session.

40

Plant Closing: The permanent or temporary shutdown of a single sit of employment or one or more facilities or operating units within a single sit of employment, provided that the shutdown results in an employment loss of ________ or more employees during any 30-day period

50

Patient Protection Affordable Care Act threshold to be able to offer them benefits

50 full time

Patient Protection Affordable Care Act threshold to be able to offer other reporting requirements other than benefits

50 full time and part time

For social security, Employer matches employee's ___________% contribution of the first $118,500 of an employee's annual salary

6.2

how many district courts are there?

94

A government contractor operating in Iraq has been accused of discriminating against women its hiring and promotion practices. Which agency would investigate and enforce the relevant law in this case? a. The Office of Federal Contract Compliance Programs b. The U.S. Contracts and Agreements Agency c. The Equal Employment Opportunity Commission d. The National Labor Relations Board

A

A large commercial landscaping service in the Southwest requires all Hispanic applicants for crew boss positions to have a U.S. high school diploma. Native English speakers are not required to have a high school diploma. The stated business purpose of this requirement is to insure that the Hispanic applicants speak English well enough to perform the job. This is an example of a. disparate treatment. b. a bona fide occupational requirement. c. disparate impact. d. a business necessity.

A

A plan that allows employees to contribute pre-tax dollars to buy additional benefits is called a a. flexible spending account. b. health reimbursement arrangement. c. tax-deferred benefit option. d. cafeteria-style plan.

A

Abner has applied for work with a local construction company. He has been told he must join the union before the company can hire him. This employer has a ____ shop. a. closed b. union c. agency d. open

A

All of the following conditions are required to constitute a incident of sexual harassment EXCEPT a. the actions involve physical contact. b. the actions create a hostile environment. c. the actions are sexually directed. d. the actions are unwanted.

A

All of the following industries EXCEPT _____________have serious ergonomic problems for which OSHA has developed guidelines for reducing employee injuries. a. coal mining. b. retail grocery stores c. poultry processors. d. nursing homes.

A

An American employee of a major U.S. government contractor in Argentina has been kidnapped. She is being held for ransom. This firm has been working in Argentina and other hazardous locations for many years. The ransom will probably be paid by a. the firm's insurance company. b. directly by the employer. c. the U.S. government. d. no one. It is the policy of the U.S. government that kidnap ransoms not be paid because it encourages terrorists and criminals to continue the practice of kidnapping for ransom.

A

Joe participated in a strike called by the union over the company's refusal to negotiate. Now that the strike is over, and the NLRB has ruled the strike a ___________. Joe wants to return to work at the company, and the company must rehire him. a. unfair labor practices b. economic c. wildcat d. jurisdictional

A

Kevin, a junior architect at a large commercial firm, has contracted an aggressive case of cancer. He has had surgery and is currently undergoing chemotherapy, but his outlook for long term survival is poor. Kevin has used all his sick leave and is taking his FMLA leave in one-day increments on Fridays for his chemotherapy. Kevin has lost his hair and looks frail, but he has made all his deadlines with quality work. The senior architect with whom Kevin works has told you, the HR director, that "I can't stand to look at him." The senior architect, a partner in the firm, wants you to remove Kevin from his projects and hire another junior architect in Kevin's place. You have explained that this is not feasible. "Then, terminate Kevin and give him a big severance." As the HR director you know a. since the architecture firm has 21 employees, Kevin is protected under the ADA. b. except for AIDS and HIV, life-threatening illnesses are not considered a disability under the ADA. c. you need to sit down with Kevin and work out a voluntary resignation. His FMLA leave will expire soon. COBRA will extend his health benefits for 18 months, which he is not likely to outlive. d. as an owner of the firm, the senior architect has the final say on whether accommodation for Kevin is reasonable or unreasonable.

A

Provisions stating that if the individual employee leaves the organization, existing customers and clients cannot be solicited for business for a specific period of time, are contained in a/an a. non-piracy agreement. b. non-compete covenant. c. separation agreement. d. implied contract.

A

Quincy had been a high-performing benefits specialist for Mentation Enterprises, Inc. for four years. Then Quincy took a job with a benefits consulting firm at a considerable increase in pay. Now, after two years, Quincy would like to return to Mentation Enterprises. Quincy says that he did not like the 24/7 work schedule of the consulting firm, and that he does not mind the lower salary at Mentation because he will be able to "have a life" in his old job. Quincy will have to sign a confidentiality agreement when he leaves the consulting firm. As the director of HR, a. Quincy is a viable candidate because of his previous high performance record. b. you are not interested in re-hiring Quincy because salary concerns always outweigh work-life balance concerns regardless of what Quincy says. c. you are interested in re-hiring Quincy because you would like to pick his brains for information about the consulting firm's business and operations. d. since Quincy voluntarily left Mentation, rather than being laid-off involuntarily, his loyalty will be questionable.

A

The Fair Labor Standards Act of 1938 created: a. Minimum wage requirements. b. Accommodations for the disabled. c. The I-9 form. d. Discrimination laws.

A

The H-1B visa is issued to: a. Temporary aliens b. Foreign nationals who are students c. Resident aliens d. Undocumented aliens e. a & c

A

The _________________________ was the immigration legislation that established amnesty for long-term undocumented residents. A) Immigration Reform and Control Act of 1986 B) Refugee Act of 1980 C) Immigration Act of 1990 D) Immigration Act of 1965

A

The employment law that requires employers to allow employees up to twelve weeks unpaid leave to care for an ill spouse, parent, or child is: a. Family and Medical Leave Act of 1993. b. The Americans with Disabilities Act. c. The Civil Rights Act of 1964. d. The Fair Labor Standards Act of 1938.

A

What does the ADA require regarding medical-related information? a. It should be maintained separately from all other confidential files, with restricted access and security provisions. b. It is be given to the employee. No copies may be made or kept by the employer. c. It should be used only by the safety committee when deciding what accommodations can be made for the individual employee affected. d. It should be filed with all other confidential information about the employee, with access restricted to a "need-to-know" basis.

A

Why do workers who do not have health insurance cause the health insurance rates to rise for employers who provide insurance for their workers? a. Health care providers pass the cost of serving uninsured people on to employers in the form of higher prices for their services. b. Health care costs for uninsured patients are pro-rated among insurance companies operating in the state based on the number of individuals the companies insure, thus increasing insurance companies costs. c. Workers who do not have health insurance do not receive basic health care, making them sicker. When they eventually get jobs with insurance, they have very high usage of medical services for which their insurance pays. d. Workers without health insurance tend to contract contagious illnesses, including drug-resistant tuberculosis. Consequently, insured workers and their families, who would otherwise remain healthy, catch these illnesses and require more medical care.

A

You are the director of HR for a company that has been stable in size and has had very little turnover in the last 20 years. Consequently, the average age of your employees is 46 and a large proportion of your employees are over 65. You are receiving more frequent requests for accommodation from employees who are developing bad knees, bad hips, bad backs, and other infirmities of age. Which of the following statements is FALSE? a. The ADA has ruled that the cost of accommodating a disability can be calculated either on a case-by-case basis or on a company laborforce basis. Consequently, a company with a large contingent of disabled employees can deny accommodation on the basis of unreasonable cost. b. The requests for accommodation must be handled under ADA rules. c. If the disabled employee's present job cannot be changed to accommodate his/her disability, he/she must be shifted to another job if one is available. d. If the disabled employee cannot be accommodated in the present job, and no other job is available, the individual could legally be terminated.

A

____ is the main federal legislation providing privacy rights regarding employee medical records. a. HIPAA b. COBRA c. ERISA d. FMLA

A

____ is the main federal legislation providing privacy rights regarding employee medical records. a. HIPAA b. COBRA c. ERISA d. FMLA

A

____ means that the employer or applicant has the right to terminate an employee at any time with or without notice or cause (except where prevented by law). a. Employment-at-will b. Right-of-dismissal c. Free agency d. Contingency employment

A

HIV is defined as a disability under what act?

ADA

T/F Because of the Baby Bust following the Baby Boom, older workers are becoming more valuable to employers as the pool of younger workers shrinks. Consequently, discrimination complaints under the ADEA are declining.

ADEA

_________ prohibits discrimination in hiring, firing and compensation and all other aspects of employment

ADEA

A bona fide occupational qualification for the job of truck driver for a beer distributing company would include all of the following EXCEPT a. possession of a commercial driver's license. b. a bachelor's degree in any field. c. the ability to lift a minimum of fifty pounds. d. basic literacy.

B

A disability under the Americans with Disabilities Act of 1990 can be defined by all of the following EXCEPT: a. a physical or mental impairment that substantially limits one or more major activities. b. conditions caused due to the demands of the work environment. c. having a record of physical or mental impairment. d. being regarded as having a physical or mental impairment.

B

A large disaster management firm is hiring individuals to provide security for relief workers at the site of a natural disaster in the U.S. a. The ADA would allow pre-employment-offer medical exam in this case because the job is para-military. b. The ADA would not allow medical exams (except for drugs) until a conditional job offer was made. c. The ADA would not allow a medical exam before a conditional job offer was made because security jobs do not necessarily require able-bodied employees. d. The ADA would allow a pre-employment medical exam if it was used in the context of a preliminary screening fitness-for-active-duty test.

B

Age discrimination does NOT exist when: a. employers make off-hand remarks about older individuals. b. advanced age affects organizational efficiency. c. older workers are pressured to take early retirement. d. older workers are terminated during downsizing.

B

All of the following actions are critical components of an organization's ensuring that it has taken "reasonable care" in preventing sexual harassment. a. establishing a sexual harassment policy b. terminating any employee accused of sexual harassment c. training managers and employees on avoiding committing sexual harassment d. investigating and taking action when sexual harassment is reported

B

COBRA is a lifeline for employees who have been laid off because a. it continues the employee's medical benefits for up to 18 months at the employer's expense. b. the employee is able to continue medical benefits for at least 18 months if he/she pays the cost of the insurance. c. it allows employees to buy into the Medicaid program for up to 18 months. d. it transfers the employee's medical benefits from the employer's group policy to an insurance exchange for a discounted fee for up to 18 months.

B

Effective electronic screening of applicants can take all of the following forms EXCEPT a. questions that disqualify an applicant. b. elimination of all non-minority applicants. c. valid assessment tests. d. financial screening.

B

Employees that do not receive overtime pay are called: a. subcontractors. b. exempt employees. c. supervisors. d. subordinates.

B

Jill, a talented marketing and public relations professional with a major corporation, has been diagnosed with chronic clinical depression. Jill has requested that she be given a lighter travel schedule and attend more meetings via teleconferencing. This accommodation would require some restructuring of Jill's job, modifying her work schedule, and giving some of her assignments to other (somewhat less talented) employees. Which of the following statements is FALSE? a. Jill's request is covered by the ADA, the same as a request for a physical disability. b. Jill should be encouraged to take FMLA leave to see if the time off will cure her depression. c. If the company makes the accommodations for Jill, the reason for the accommodations must be kept confidential. d. HR should verify Jill's medical condition with her psychiatrist.

B

Legislation that allows employees to work without having to join a union is known as: A. Union shop B. Right-to-work C. Arbitration D. Mediation E. Conciliation

B

Male-to-female transgender woman stated Title VII claim based on the perception that the CP was a "man who 'failed to act like one" a. O'Connor v. Consolidated Coin Caterers b. Schewenck v. Hartford c. Barnes v. City of Cincinnati d. EEOC v. BOh Brothers Construction Company

B

OSHA representatives who conduct inspections are called a. inspectors general. b. compliance officers. c. safety and health auditors. d. control agents.

B

The 1991 Civil Rights Act requires that plaintiffs bringing discrimination charges must a. prove that the negative impact on the employee was entirely due to his/her membership in a protected class.. b. identify the particular employer practice being challenged and that protected class status played some role. c. identify majority-group members who benefited from the illegal actions. d. provide evidence of financial harm caused by the employer's actions.

B

The Drug-Free Workplace Act of 1988 a. covers all intoxicating substances, including alcohol. b. requires government contractors to take steps to eliminate employee drug usage. c. covers on-the-job use of legal substances, but both on- and off-the-job use of illegal substances. d. applies to all private sector employers.

B

The Equal Employment Opportunity Commission (EEOC) conducts its operations through: a. state and local government offices. b. its administrative headquarters, district offices, and area offices. c. the Department of Justice. d. the Department of Labor.

B

The Equal Pay Act was passed as an amendment to the: a. Civil Rights Act. b. Fair Labor Standards Act. c. Equal Employment Opportunity Act. d. Age Discrimination in Employment Act.

B

The Immigration Reform and Control Act of 1986 (IRCA): A) eliminated the Border Patrol. B) established penalties on employers who knowingly employ illegal aliens. C) provided for the immediate arrest of any illegal immigrants having been in the U.S. for more than 5 years. D) based all immigrant visas on special talents and education.

B

The Polygraph Protection Act a. allows employers to fire an employee accused of theft or other wrongdoing in the workplace if the employee refuses to take a polygraph. b. requires employees to be advised of their rights before taking a polygraph test. c. allows polygraphs to be used to screen new applicants in all but a few occupations. d. requires that law enforcement personnel be present when a polygraph is administered if the employee is accused of theft or other illegal activity.

B

The Walsh-Healy Act regulates working conditions for: a. railway workers. b. government contractors. c. labor inspectors. d. healthcare providers.

B

The landmark case that established the importance of disparate impact as a legal foundation of EEO law is a. Adarand Constructors v. Pena. b. Griggs v. Duke Power. c. University of California at Davis v. Bakke. d. McDonnell Douglas v. Green.

B

The legislation which requires employers to pursue workplace safety is: A. Workplace Safety Act B. Occupational Safety and Health Act of 1070 C. ERISA D. Civil Rights Act of 1963 E. Pregnancy Discrimination Act

B

The legislative act that bars discrimination in all HR activities, including hiring, training, promotion, pay, employee benefits, and other conditions of employment is known as the: a. Equal Pay Act of 1963. b. Civil Rights Act of 1964. c. Equal Employment Act of 1972. d. Civil Rights Act of 1991.

B

To be effective in motivating plant-wide cooperation among employees, an organizational incentive program should a. publicly single out the highest-performing employees for extra rewards.. b. include everyone from non-exempt employees to managers and executives. c. pay out every year regardless of whether the organization is profitable. d. reward the shareholders for investing in the business

B

To be effective in motivating plant-wide cooperation among employees, an organizational incentive program should a. publicly single out the highest-performing employees for extra rewards.. b. include everyone from non-exempt employees to managers and executives. c. pay out every year regardless of whether the organization is profitable. d. reward the shareholders for investing in the business.

B

What are the requirements of the Consolidated Omnibus Budget Reconciliation Act (COBRA) with respect to health care? a. Employers with more than 50 employees must provide medical insurance for all full-time employees. b. Most employers with 20 or more employees must offer extended health-care coverage to employees after they leave the organization. c. Employees on COBRA pay 2% more for health insurance than they paid before going on the COBRA plan. d. Employers offering medical insurance cannot exclude pre-existing conditions from coverage.

B

What is purpose of the Worker Adjustment and Retraining Notification (WARN) Act? a. It mandates job retraining for workers who are laid off for economic reasons. b. It requires employers to give a 60-day notice before a layoff or facility closing involving more than 50 people. c. It requires employers to provide outplacement and severance pay for workers who are terminated in "mass" layoffs. d. It requires that employers contemplating layoffs must contact the Department of Labor 60 days before a mass layoff.

B

What is the principle requirement of the Worker Adjustment and Retraining Notification Act (WARN) of 1988? a. Employers must give severance pay to workers who permanently lose their jobs. b. Most employers must give 60 days' notice if a mass layoff or facility closing is to occur. c. Workers must be given the opportunity to relocate if the company is moving the plant. d. Workers under age 50 are entitled to a retraining allowance if their jobs are eliminated.

B

Which of the following are the two forms of sexual harassment recognized by the EEOC? a. Traditional and work environment b. Quid pro quo and hostile environment c. On the job and off the job d. Good intentions and discriminatory

B

Which of the following criteria does NOT need to exist for an employee to qualify for the administrative exempt status? a. Be compensated on a salary basis at a rate not less than $455 per week. b. Advanced knowledge must be in science or learning. c. Have a primary duty of office or non-manual work related to the management of the company operation or customers. d. Exercise discretion and independent judgment with respect to matters of significance.

B

Which of the following is FALSE? a. Harassment on the basis of ethnicity is illegal under the employment discrimination laws. b. Unlike sexual harassment, racial harassment must go beyond mere verbal joking. c. If employers investigate each complaint of ethnic harassment and discipline proven offenders, the harassed employee will be less likely to have a legal claim against the employer. d. An employee who felt he was harassed on the basis of his race who did not get satisfactory results when he complained to his HR department, would complain to the EEOC for investigation and enforcement.

B

Which of the following is NOT a basis for age discrimination? a. Excluding older workers from important work activities b. Making positive changes in the performance evaluations of older employees c. Selecting younger applicants over better-qualified older applicants d. Reducing job duties and responsibilities of older employees

B

Which of the following statements is TRUE about employee handbooks? a. Employee handbooks are disappearing because of the high number of "implied contract" lawsuits which have been based on handbooks. b. The proper use of disclaimers in employee handbooks can preserve the employer's right to discharge employees with or without cause. c. If employee handbooks are used, the employer should view them as an enforceable contract with the employees. d. Language in the employee handbook should be vague enough to allow flexibility in interpretation when organizational procedures and rules are implemented.

B

____ are more risky from the point of view of retirees than are ____. a. Defined benefit, defined contribution b. Defined contribution, defined benefit c. Contributory plans, non-contributory plans d. Non-contributory plans, contributory plans

B

______ typically allows employees who leave the company to extend their medical coverage, at their own expense, for up to 18 months after termination. A) COLA B) COBRA C) ERSA D) FLSA

B

the U.S supreme court held that the age discrimination in employment act only prohibits age based discrimination against relatively older individuals a. O'Connor v. Consolidated Coin Caterers b. General Dynamics Land Systems v. Cline c. Smith v. City of Jackson d. Gross v. FBL Financial Services

B

BFOQ

Bona Fide Occupational Qualification

. Employees are entitled to overtime pay at one-and-a-half times their regular pay rate, for hours worked in excess of _____ hours per workweek. a. thirty b. sixty c. forty d. fifty

C

2. The Fair Labor Standards Act allows employees to recover pay up to __ years of back pay. A. 1 B. 2 C. 3 D. 4

C

A de minimis OSHA violation a. can carry a jail term of six months. b. involves condition that could impact employee's health or safety, but would probably not cause death or serious harm. c. does not require the OSHA compliance officer to write a citation. d. is a work injury that requires only first aid and does not involve the employee missing more than 60 minutes of work time. c.

C

A de minimis OSHA violation a. can carry a jail term of six months. b. involves condition that could impact employee's health or safety, but would probably not cause death or serious harm. c. does not require the OSHA compliance officer to write a citation. d. is a work injury that requires only first aid and does not involve the employee missing more than 60 minutes of work time.

C

A pension plan in which retirement benefits are based on an accumulation of annual company contributions (as a percentage of the employee's pay) plus interest credited each year is called a ____ plan. a. contributory retirement b. self-funding c. cash balance d. defined-contribution

C

An employer is responsible for a "serious" OSHA violation that could cause death or serious physical harm to an employee a. only if it actively caused the condition. b. only if it knew about the existence of the violation and did not do anything to alleviate the problem. c. if it did not know about the violation, but should have known about it. d. if the condition exists regardless of the employer's causing the problem or being able to know about the problem.

C

Current concerns about pandemic diseases have caused OSHA to issue special guidelines for a. companies with large numbers of expatriate employees in developing countries. b. federal government contractors in the Middle East. c. the poultry production industry. d. the international airlines and cruise ship companies operating in U.S. ports.

C

EEOC guidelines are: a. part of the federal law framework. b. part of the state laws. c. administrative rules published in the Federal Register. d. only applicable to organizations that employ over 1000 people

C

Eric, a security guard at an apartment complex, and the apartment complex manager were making a routine call when they were attacked by two vicious dogs owned by a renter. The manager was badly mauled, and Eric had dog bites and lacerations. A maintenance worker at the apartment complex gave first aid to Eric and the apartment manager before EMS arrived. This is a circumstance where OSHA regulations on ____ would come into force. a. hazardous occupations b. infectious disease control c. bloodborne pathogens d. personal protective equipment

C

Every application form should have all of the following disclosures or disclaimers EXCEPT a. the requirement for drug testing and other testing. b. how long the application will remain active. c. the organization's policy that employees who join a union will be terminated. d. that falsification of the information on the form can be grounds for serious reprimand or termination.

C

How are Social Security benefits funded? a. an employer tax based on the employer's "experience rating" b. deductions from the employee's paycheck which are transferred to the federal government by the employer c. a federal tax on employee wages and salaries paid equally by employers and employees d. on a state-by-state basis through payroll deductions

C

If an employer lists the designation EEO/M-F/AA/ADA in its employment advertisements it indicates a. the employer must preferentially hire minorities and disabled persons. b. the company has been found liable in a discrimination lawsuit. c. the employer has a policy of complying with equal employment regulations. d. the employer has found disparate impact in its workforce and is seeking to remedy it by encouraging diversity in job applicants.

C

Major federal EEO laws have been enacted to prevent discrimination against groups of workers most often affected by unfair employment practices. These groups are referred to as: a. significant worker classes. b. privileged classes. c. protected classes. d. equal employment classes.

C

Organizations subject to Title VII are required to post: a. all job openings. b. their blank applications. c. specific employment records and reports. d. affirmative action goals.

C

The CEO of a major corporation is being interviewed by a reporter from a TV news show. The CEO makes over $150 million a year. The reporter asks, "Are you really worth $150 million a year to your company, especially when your company has lost money the last three years? In fact, most of your employees make minimum wage which is not enough to support a family." All of the following are plausible responses by the executive to the reporter's question EXCEPT a. "I have to make major decisions, and I work endless hours under great pressure." b. "You will find that my compensation is in line with the CEOs of other firms in this industry." c. "This may seem like a lot of money to you, but in comparison to what top executives make in Europe and Asia, my compensation is quite moderate." d. "I have the responsibility for a major corporation. We would have lost even more money if I had not made the changes I did to our operations."

C

The Family and Medical Leave Act of 1993, requires that employers allow eligible employees to take a total of ____ during any ____ period. a. 12 weeks' paid leave; 12-month b. 24 weeks' paid leave; 24-month c. 12 weeks' unpaid leave; 12-month d. 24 weeks' unpaid leave; 24-month

C

The Occupational Safety and Health Act states that employers have a general duty to a. obey all rules and regulations developed by the OSHA. b. inform OSHA when there are no rules to apply in a specific situation. c. provide safe and healthy working conditions, even in areas where there are no OSHA standards. d. conform to typical and accepted industry safety practices and standards.

C

The Older Workers Benefit Protection Act of 1990 was passed to ensure that a. pension plans are administered in a responsible manner and that the pension plans have appropriate financial backing. b. early retirees between the ages of 55 and 65 receive medical benefits from their former employer. c. employees must be given complete and accurate information about the benefits of any severance package if they must sign liability waivers for age discrimination. d. employees over the age of 40 would not have their medical benefits reduced or have their medical insurance premiums raised merely because older employees are heavy users of health care.

C

The Pregnancy Discrimination Act of 1978 states that pregnancy is a: A. Woman's choice B. Private matter C. Disability D. Compensable factor E. Criterion for continued employment

C

The government regulation of the minimum wage is an attempt to reduce: a. unemployment. b. discrimination. c. poverty. d. standard of living.

C

Wallace is widely disliked by his co-workers, although he has a good performance record and has never had any disciplinary actions taken against him. The problems with Wallace center mainly around his lack of personal hygiene and "unrefined" manners. Wallace's supervisor has changed Wallace's job duties to include work Wallace considers demeaning. She has required him to work overtime when his co-workers have not had to do so. She has also begun reprimanding him in front of co-workers for behaviors that had previously not been mentioned. She has posted work samples on the office bulletin board under the heading "The Good, The Bad, and The Ugly" with Wallace's photo posted under "Ugly." Wallace could have a case for a. failure to follow due process. b. violation of free agency. c. constructive discharge. d. violation of public policy.

C

What can employers do in order to comply with the EEOC requirements of reporting the race and sex of applicants? a. Collect the data after the hiring decision has been made. b. Gather the information on the application blank during the pre-screening process. c. Ask the applicant to provide EEOC reporting data on a form separate from the application blank. d. Make a visual assessment during the initial selection process and record the race and sex of applicants on the application form.

C

Which of the following individuals is NOT qualified to receive unemployment compensation? a. An individual who was laid off for financial reasons. b. An individual who was fired for poor productivity. c. An individual who would like to work but who has not applied for any jobs in the last two weeks. d. An individual who has been unsuccessfully looking for work for six months.

C

Which of the following individuals would NOT qualify for COBRA? All of these employers have more than 20 employees. a. the 16-year old daughter of an employee of a medical products company who died of a massive stroke while on company business b. the husband of an employee of a museum who has just taken early retirement c. the secretary of a church congregation who has been laid off because of declining church income d. an employee who quit a job with a movie theater chain

C

Which of the following jobs/occupations could a person over 16 and under 18 legally perform according to the FLSA? a. driving a shuttle between a parking lot at the state fairgrounds to the fairgrounds entrance. b. killing turkeys at an organic farm c. counter staff in a donut store in a high-crime neighborhood d. working as a roofer on one-story residences.

C

Which of the following statements is TRUE? a. Mini-medical plans are most appealing to large companies with a high proportion of women employees. b. These plans are popular with retirees who are working part-time because it supplements their Medicare coverage. c. Mini-medical plans are inexpensive for the employer because the services provided are minimal and capped at a low level. d. Mini-medical plans are becoming more popular because although they do not cover minor medical expenses, they do cover catastrophic illnesses or injuries.

C

Which of the following statements is TRUE? a. Most U.S. citizens over 55 have at least $250,000 in savings and investments. b. Most U.S. workers have pensions through their employers which will help support them in retirement. c. Employers with fewer than 100 workers do not typically offer retirement benefits for their workers. d. U.S. citizens are extremely sensitive to any changes in the federally-provided benefits offered by Social Security.

C

Which of the following statements is TRUE? Under federal law, employers must give employees a. severance pay. b. paid sick leave. c. time off to care for sick children and parents. d. medical insurance.

C

With respect to safety committees, an employer may be in violation of the National Labor Relations Act if a. workers are excluded from participation. b. employee participation is compulsory. c. managers compose a majority on the committee. d. the company is not located in a state mandating safety committees.

C

You are the director of HR at a small telemarketing company. One of your long-time employees, Arabella, has become a practitioner of "white magic." She has begun offering to give co-workers "love potions," good luck talismans, and other magical cures for their personal problems. Arabella is not selling these cures, but giving them away for free. All of Arabella's activities occur during her and her co-workers' lunch hours. Most of her co-workers find this a little eccentric, but not offensive. Some co-workers enjoy interacting with Arabella in her role as a magic practitioner. Other co-workers are upset because there is a "witch" practicing "voodoo" in their workplace. You should a. discipline Arabella because her right to free speech is not protected in the workplace if it disturbs other employees. b. test Arabella for drugs because her talk of "potions" may be a disguise for selling or using drugs in the workplace. c. make sure any investigation of or discipline of Arabella uses due process and is justified by a job-related reason. d. take no action because investigating Arabella's white magic would be an invasion of her privacy, since the practice of religion is a personal matter.

C

the U.S supreme court affirmed that disparate impact is a cognizable theory of discrimination under the ADEA a. O'Connor v. Consolidated Coin Caterers b. General Dynamics Land Systems v. Cline c. Smith v. City of Jackson d. Gross v. FBL Financial Services

C

A nursing home is opening in a mid-sized Northwestern city. It would be most logical for the organization to recruit for patient aides in the ____ labor market. The job pays just above minimum wage. a. Northwestern states b. statewide c. three-county d. city

D

A pharmaceutical research firm, is concerned that scientific or technical employees may take company formulas or data with them when they quit or are terminated. The firm should include a/an ____ clause in its employment contracts. a. identification b. non-compete c. non-piracy d. trade secrets

D

A/an ____ shop requires employees who refuse to join a union to pay amounts equal to union dues in return for the union's representation services. a. restricted b. union c. open d. agency

D

According to the Uniform Guidelines, a rule of thumb that identifies selection practices that favor a disproportionate number of nonprotected class members is the: a. two-thirds rule. b. acid-test rule. c. ratio rule. d. four-fifths rule.

D

All of the following are useful ways to integrate Hispanic employees into a majority-dominated workplace EXCEPT a. English language classes.. b. social events attractive to all workers. c. work groups that include Hispanic workers. d. mandating an English-only workplace.

D

An OSHA inspector has arrived at the reception desk of Poultry Land Processors and has presented her credentials. The CEO refuses to allow the inspector into the plant. Which of the following statements is TRUE? a. The CEO must allow the inspector to enter because the poultry processing industry has been identified by OSHA as a high-risk industry. b. The CEO has the right to appeal to the regional OSHA office and reschedule the inspection. c. The OSHA inspector must have probable cause to search the premises. d. The OSHA inspector must leave, but she may return with a search warrant.

D

David is an engineer who considers himself a humorist and a "modern-day Mark Twain." As a hobby, he collects e-mails he thinks are entertaining from friends throughout the world using his computer at work. Much of this collection is composed of jokes regarding the president, religious leaders, and blondes. So far, no one at his workplace has complained about David's hobby, and co-workers frequently pop into David's cubicle during their breaks to ask him for the best joke of the day. a. This is not an issue for HR because no one at the workplace has complained. b. This is an all-male workplace, so there is not a problem with a hostile environment, and religious and political commentary are protected under the constitutional right to free speech. c. HR does not need to take action on David's hobby because these e-mails are not malicious or threatening. d. David's hobby is a potential legal liability for the company.

D

Employers who make accommodations for injured employees through light-duty work may unwittingly a. increase their workers' compensation premiums due to the increased risk of re-injury. b. violate FMLA regulations which require leave time rather than accommodation. c. be held liable for any accidents caused by the injured employee. d. undercut what really are essential job functions, as defined by the ADA.

D

Every new hire for every job at a design firm specializing in construction of residences for seniors and individuals with disabilities is required to spend one week at work entirely in a wheelchair. This training is most likely to be directed toward a. developing skills in the use of wheelchairs. b. emphasizing to employees their good fortune in being able-bodied resulting in an increase in employee morale. c. meeting Americans with Disabilities training requirements since this firm designs federally-funded facilities for disabled veterans. d. creating a sensitivity in employees to the mobility challenges of the firm's clients.

D

Gerald is an experienced HR manager. In examining the content of an applicant's application form, he knows he will definitely need to check all of the following information EXCEPT a. the applicant's claim to have a master's degree from Michigan State University. b. the applicant's previous job title as Chief of Dietetics. c. the applicant's employment at the Veteran's Hospital from 1992 to 2007. d. the applicant's claim to be a member of a protected class.

D

Jennifer, a member of the HR department, is working on the organization's job descriptions. She must classify duties as essential or marginal for ADA purposes, and she must also classify duties as primary or non-primary for FLSA purposes. Which of the following decision rules can Jennifer use in her task? a. If a duty is an essential job function for ADA purposes, it will also be a primary duty for FLSA purposes. b. There is no relationship between the requirements for essential functions and those for primary duties. c. If a duty is marginal for ADA purposes, it may still be considered primary for FLSA purposes. d. If a duty is primary for FLSA purposes, it will also be an essential job function for ADA purposes.

D

Karen is diabetic. She quit her job as an internal auditor with a bank and two months later found a job as the assistant CFO for a chain of grocery stores. The law that allows Karen to switch her health insurance plan from her former employer to her new employer to get new health insurance that covers her diabetes is a. ERISA b. FMLA c. COBRA d. HIPAA

D

Karen is diabetic. She quit her job as an internal auditor with a bank and two months later found a job as the assistant CFO for a chain of grocery stores. The law that allows Karen to switch her health insurance plan from her former employer to her new employer to get new health insurance that covers her diabetes is a. ERISA b. FMLA c. COBRA d. HIPAA

D

Logging or saw milling occupations are considered: a. prohibited trades. b. belonging to primary industries. c. non-industrial occupations. d. hazardous occupations.

D

T/F Job tasks classified as "miscellaneous" a. cannot be legally used as a basis for terminating an employee. b. can be considered primary job duties if they take up at least 20% of an employee's time. c. make the employee vulnerable to loss of earned overtime. d. cannot be considered essential functions under the ADA.

D

The Americans with Disabilities Act, passed in 1990, prohibits: A. Lesser pay for individuals with disabilities B. Hiring people with contagious diseases like AIDS C. Employing people addicted to drugs or alcohol D. Employment discrimination against people with disabilities E. All of the above

D

The Fair Labor Standards Act defines oppressive child labor by identifying hazardous occupations and: a. number of hours worked. b. prohibited industries. c. administrative regulations. d. age restrictions.

D

The Family and Medical Leave Act (FMLA) of 1993 provides that a. employees must be able to return to their former job following the leave. b. the FMLA leave "clock" begins after all vacation and personal days have been used. c. the leave must be taken as one 12-week block. d. health benefits must be continued during the leave at the same level and conditions.

D

The Health Insurance Portability and Accountability Act (HIPAA) requires a. employers with more than 50 employees provide medical insurance for all full-time employees. b. employers to offer health coverage to contingent workers if the workers pay 102% of the employer's cost. c. that most employers offer extended health-care coverage to employees after they leave the organization. d. that most employees be able to switch their health insurance from one company to another to get new health coverage, regardless of pre-existing conditions.

D

The National Labor Relations Act of 1935: A. Declared unions illegal B. Established right-to-work states C. Declared that management practices should be free of government interference D. Declared unions legal E. Protected employers' free speech rights

D

The best candidate for the position of director of marketing has had a positive test for the presence of illegal drugs in a hair sample. As HR manager, you should a. notify the candidate that he was denied the job because of a positive drug test. b. inform the candidate that someone else has been hired.. c. hire the candidate and inform him of the bank's Employee Assistance program. d. ask the candidate to submit to a second type of drug test at another laboratory.

D

The main legal reason for performing a thorough background check of all applicants is a. compliance with the Immigration and Naturalization Act. b. the avoidance of resumé fraud. c. non-discrimination against protected classes. d. protection against charges of negligent hiring.

D

The president of a consulting firm has deliberately kept the number of full and part-time employees of his firm to twelve. This means he does NOT have to comply with a. the ADEA b. the ADEA or the ADA. c. the ADEA, the ADA, or Title VII. d. the ADEA, the ADA, Title VII, or the Pregnancy Discrimination Act.

D

The purpose of a material safety data sheet (MSDS) is to a. track the use of hazardous materials on the job. b. record employee accidents or injuries that result from using hazardous substances. c. collect data for scientific research concerning the long term effects on workers who are exposed to hazardous substances. d. provide employees or rescue workers with antidotes or actions to be taken if exposure to hazardous materials occurs.

D

Those benefits which employers in the United States are required to provide by law are called ____ benefits. a. obligatory b. federal c. compulsory d. mandated

D

Under the 1991 Civil Rights Act, employers must show that an individual's race, color, religion, sex, or national origin a. was not the deciding factor in the employment decision. b. did not limit that individual's employment options. c. caused no financial hardship to the individual. d. played no role in their employment practices.

D

What is the basis for determining the employer's cost of unemployment compensation? a. the type of business and industry and its known seasonal fluctuations in employment b. the number of covered employees c. the employer's total payroll cost d. the number of claims filed by former employees

D

Which laws do not protect illegal aliens? a. Title VII b. Fair Labor Standards Act c. Age Discrimination in Employment Act d. Illegals are excluded from all of the above e. Illegals are protected from all of the above.

D

Which of the following is FALSE? a. Written dress codes are more legally prudent than implicit dress codes. b. Employers can legally refuse to hire an otherwise-qualified individual because of his/her visible tattoos. c. It may be illegal for an employer to require a female employee to wear slacks if her religion requires women to wear skirts. d. It would be legal for an employer to refuse to hire an otherwise-qualified disabled person if that person could not wear the company uniform.

D

Which of the following is NOT a COBRA qualifying event? a. employee moved from full-time with benefits to part-time without benefits b. death of employee c. employee and current spouse become divorced d. employee termination for insubordination

D

Which of the following is NOT a criticism of OSHA? a. complexity of regulations. b. financial cost of compliance with regulations. c. many employers ignore OSHA regulations. d. excessive number of OSHA inspections disrupt the workplace.

D

Which of the following is NOT an argument typically made FOR Affirmative Action? a. Affirmative action is needed to overcome past injustices. b. Affirmative action goals are not quotas. They are indications that progress is needed. c. In the long run, affirmative action will result in more equality for everyone. d. Affirmative action has allowed protected classes to advance without being penalized for inferior educations and skill levels.

D

Which of the following is NOT under the jurisdiction of the Civil Rights Act of 1964? a. State and local governments b. Private and public employment agencies c. Private educational institutions d. Private employers in interstate commerce with less than ten employees

D

Which of the following questions to job applicants is LEGAL under the ADA? a. Have you ever been treated for tuberculosis? b. What was the reason for your medical discharge from the Army? c. I see you are wearing a cast on your arm. Why? d. Describe how you would lift a 50-pound dog onto an examination table with or without accommodation.

D

Workplace standards are developed through research by a. OSHRC. b. the FLSA. c. the CDC and the FDA. d. NIOSH.

D

____ is the modification or adjustment to a job or work environment that enables a qualified individual with a disability to enjoy equal employment opportunity. a. Access improvement b. Workplace restructuring c. Job modification d. Reasonable accommodation

D

____ is the right of employees to receive benefits from their pension plans if they remain with their employer a certain period of time. a. Qualifying b. Portability c. Entitling d. Vesting

D

act that applies to any employer who holds a federal construction contract in excess of $2,000

Davis-Bacon

According to the Age Discrimination Act, discrimination is prohibited against people aged: A. 60 and over B. 55-70 C. 55 and over D. 40-65 E. 40 and over

E

All of the following are part of the Fair Labor Standards Act except: a. Minimum wage b. Exemption conditions for employees c. Work conditions for children under 18 d. Overtime e. Federal service contracts

E

Which of the following acts prohibits discrimination based on race, sex, age, color, national origin and religion? A. The Fair Labor Standards Act of 1938 B. The Immigration Act of 1990 C. The Equal Pay Act (1963) D. The Americans with Disabilities Act (1990) E. The Civil Rights Act of 1964

E

government form requiring many employers to provide a count of their employees by job category and then by ethnicity, race and gender

EEO-1

How can state employees take action to protect themselves from age discrimination?

EEOC

The Americans with Disabilities Act is enforced by __________.

EEOC

who enforces the equal pay act

EEOC

EEO-1

Employer Information Report

____________ Act: sets out federal requirements for the minimum wage and overtime pay

FLSA

_____________ requires you to pay minimum wage, requires you to pay overtime and if you work over 40 hours a week you must pay them 1.5x

Fair labor standards act

A blackjack dealer on the Wind River Indian Reservation in Wyoming would be an employee protected under Title VII.

False

T/F Unemployment compensation and workers' compensation mean the same thing.

False

T/F A disabled person must have an obvious physical impairment or deformity to be considered disabled under the Americans with Disabilities

False

T/F A legal defense by an employer against a charge of disparate impact is lack of intent to discriminate.

False

T/F According to the age discrimination in employment act A state government worker can file a lawsuit against the state for age discrimination

False

T/F Bernardette has been told that her health benefits will not cover treatment for her recently-diagnosed multiple sclerosis. It is the utilization review specialist who has made this decision.

False

T/F Federal child labor laws forbid employers to allow anyone under the age of 21 from working in a hazardous occupation.

False

T/F If a performance appraisal system faces a legal challenge because there is evidence of disparate impact on protected classes, management could defend against this challenge by showing that supervisors were given wide discretion in how they applied evaluation criteria.

False

T/F If an employee has been injured at work and must stay home to recuperate, the employer may not require the employee to use up his/her FMLA leave at the same time.

False

T/F In an attempt to increase employment for disabled persons, the ADA requires employers to make accommodations for injured employees by providing them light-duty work.

False

T/F T/F A programmer/analyst who is an independent contractor would be an employee protected under Title VII.

False

T/F T/F OSHA is an independent agency

False

T/F T/F State and local governments are exempted from the provisions of the Civil Rights Act and Equal Employment law.

False

T/F T/F The Civil Rights Act of 1964 allows employers to set different cut-off test scores on the basis of race and sex during the hiring process.

False

T/F T/F The Department of the Treasury is covered as an employer under Title VII

False

T/F The bona fide occupational qualification (BFOQ) exception does not apply to discrimination based on national origin.

False

T/F The contents of an employee handbook form a written contract between the individual employee and the employer.

False

T/F To comply with the Immigration Reform and Control Act, employers must submit all completed Form I-9s to Immigration and Naturalization Service officers for approval.

False

T/F exempt employee are covered by the FLSA

False

T/F Mary is the deputy vice president of customer satisfaction at CTE and receives a salary of $4,500 per month taking online customer orders and dealing with customer complaints. She also supervises Bob and Dave, two part-time employees. She is further responsible for their training and performance evaluations. On Saturdays she is responsible for completing Bob and Dave's time sheets for the preceding week. She also is working on the new corporate logo. Mary is an exempt employee

False Mary is nonexempt , her primary duty is not managing the enterprise, she does not supervise two or more fulltime empoyees, and no indication that she can hire/fire.

prohibits employers from discriminating on the basis of genetic information

GINA

GINA

Genetic Information Nondiscrimination Act

________ Act: Employers who hold contract or subcontracts to provide services in excess of $2,500 to the United States government

McNamara-O'Hara Service Contract Act

T/F - It is not a violation of the ADA for an employer to give tests for the illegal use of drugs

True

T/F A company that manufactures parts for windmills has seen demand for its products go so high that it will need to ask employees to work four hours of overtime daily for the foreseeable future. The HR director has warned that from a safety perspective, it would be better to hire additional employees than to ask current employees to work overtime. The HR director is correct.

True

T/F A disclaimer in the employee handbook that employees can be terminated at any time with or without cause is an assertion of the employers' right of employment-at-will.

True

T/F A highly-skilled foreign research scientist in the field of optics could be hired by a U.S. firm if he could be granted an H-1B visa.

True

T/F Annabelle's boss promised to promote her if she would sleep with him. Annabelle refused. She received the promotion anyway. Annabelle has filed a charge of sexual harassment against her boss based on this episode. If the company can produce an affirmative defense, it will probably not be liable for sexual harassment.

True

T/F As a large employer with a high-quality workforce in a tight labor market, it would be wise for the company to put a number of employment agencies on retainer so that these headhunters do not steal the company's executives for their other clients.

True

T/F Beverly is a member of a five-person work team. Beverly is conscientious and reliable, but she works the most slowly of the team members. The team is paid a monthly bonus based on its production numbers. If all team members are paid the same size bonus, Beverly will be subject to social pressure to work faster.

True

T/F COBRA does not cover churches

True

T/F Clara has complained to the HR manager that her supervisor, Roberta, is making unwanted sexual advances to her and has created a hostile work environment. Clara's situation may be considered sexual harassment.

True

T/F Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA

True

T/F Employees make important business decisions and have a fair amount of authority, they may qualify as exempt administrative employees

True

T/F Employees undergoing treatment for drug and alcohol addiction are covered under the ADA

True

T/F Indirect compensation includes the whole array of benefits, some of which are required by law and others that are voluntary benefits offered by the company.

True

T/F It is illegal for employers to collect genetic information from employees, even if the intent is to protect vulnerable employees from conditions that might be dangerous for them.

True

T/F It is illegal for employers to deny sick leave for morning sickness or other pregnancy-related illnesses if sick leave is permitted for other medical conditions such as flu or surgical operations.

True

T/F It is illegal to bar fertile women from jobs that might harm their fetuses if they became pregnant.

True

T/F It is legal for an employer to check a person's social security number, motor vehicle records and his/her military record when the employer is doing an applicant background check.

True

T/F Most Americans are moving into retirement with such inadequate savings and investments that they will have to rely on Social Security as their main source of financial support.

True

T/F Nick walked in to LogicMaster Instruments to apply for an assembly technician position. The HR staffer told Nick he would need to take a drug test after he filled out his application. Nick was embarrassed because he had smoked a joint the day before and he was not sure the drug would be out of his system. He had to tell the HR staffer than he would come back another day. The HR staffer behaved legally.

True

T/F Older workers have lower frequencies of disabilities but when they are out from work due to a disability, they are out longer than younger employees.

True

T/F Pension plans are retirement benefits established and funded by employers and employees.

True

T/F The Civil Rights Act of 1991 allows plaintiffs both punitive and compensatory damages in cases of discrimination on the basis of sex, religion or disability..

True

T/F The owner's nephew who works in sales would be an employee protected under Title VII.

True

T/F Title VII of the Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, or age.

True

T/F Two principal laws governing compensation activities are the Fair Labor Standards Act and the Equal Pay Act.

True

_____________________Act that says Covered employers are required to provide a 60-day written notice to employees in the event of a plant closing or mass layoff

WARN

The _____ Act extends the prevailing-wage concept to manufacturers or suppliers of goods for government contracts.

Walsh-Healy

_______________ Act: federal contracts or subcontracts for the manufacture or furnishing of materials, supplies, articles, and equipment in any amount exceeding $10,000

Walsh-Healy

_________________ Act mandates that contractors with federal contracts meet guidelines regarding wages and hours, child labor, convict labor, and hazardous working conditions

Walsh-healy

- A statement that sexual harassment will not be tolerated

anti-harassment policy

____________ shows that an applicant is truly interested in the job

applicant form

what is the official beginning of the entire selection process?

applicant form

__________ go beyond reference checks

background checks

COBRA

consolidated omnibus budget reconciliation act

Who does the Walsh-Healy Act cover?

contractors and manufacturers

_____________: a specific amount of money is paid to the employee's pension account each pay period

defined contribution

psychomotor ability tests, test ________.

dexterity

_______________ is indirect compensation given to employees as a condition of organization membership

employee benefit

What does EEOC stand for?

equal employment opportunity commission

exempt or nonexempt? Seamen employed on foreign vessels

exempt

exempt or nonexempt? amusement park employee

exempt

exempt or nonexempt? apprentices

exempt

exempt or nonexempt? casual babysitters

exempt

exempt or nonexempt? employees engaged in fishing operations

exempt

exempt or nonexempt? highly paid employees

exempt

exempt or nonexempt? independent contractors

exempt

exempt or nonexempt? outside salespeople

exempt

exempt or nonexempt? parents, spouse or children

exempt

exempt or nonexempt? persons employed as companions for elderly

exempt

exempt or nonexempt? ski resort employee

exempt

exempt or nonexempt? switchboard operations employees by phone companies

exempt

exempt or nonexempt? white-collar employees

exempt

FLSA

fair labor standards act

T/F You must pay the state minimum wage if it is lower than the federal minimum wage

false

t/f T/F the computer employee exemption applies to employees who make repairs on computers and related equipment

false

t/f an employee working a local newspapers with more than 4,000 circulation is exempt

false

What are two types of businesses that can be exempt from the FLSA?

farming and transportation

McNamara-O'Hara Service Contract Act must also provide ___________ to service employees comparable to the prevailing benefits

fringe benefits

IRCA

immigration reform and control act

____________ law says you have to have proper identification of employees

immigration reform and control act

- The FLSA requires that during the time that someone works for you as an apprentice, his or her pay must average at least 50% of what you pay _____________

journeyman

prevailing wage is based on what?

local union scale

employee benefits that are required by law

mandated benefits

___________: occurs when a reduction in force is not the result of a plant closing but involves at least 33% of the employees and at least 50 employees are laid off for at least a 30-day period

mass layoff

By increasing the cost of ________________, health insurance coverage costs also increase for employers

medication

The administrative body, consisting of five members appointed by the president of the United States, is called the:

national labor relations board

What does NLRB stand for?

national labor relations board

__________ oversees labor relations in the U.S

national labor relations board

Are indian reservations covered under title vii?

no

Does this information have to get stored in a separate file? exit interviews

no

Does this information have to get stored in a separate file? letters of recognition/commendation

no

exempt or nonexempt? electricians

nonexempt

exempt or nonexempt? firefighters

nonexempt

exempt or nonexempt? first responders

nonexempt

exempt or nonexempt? ironworkers

nonexempt

exempt or nonexempt? laborers

nonexempt

exempt or nonexempt? longshore workers

nonexempt

exempt or nonexempt? mechanics

nonexempt

exempt or nonexempt? operating engineers

nonexempt

exempt or nonexempt? plumbers

nonexempt

exempt or nonexempt? police officers

nonexempt

OSHA is part of the ___________.

the department of labor

T/F According to the age discrimination in employment act, a state government worker is covered.

true

T/F Disparate treatment would arise when an employer hires men but not women with school-going children.

true

T/F T/F The national Labor Relations Board is an independent agency

true

T/F The Equal Employment Opportunity Commission (EEOC) is responsible for ensuring that covered employers comply with the intent of Title VII of the Civil Rights Act.

true

T/F The Equal Employment Opportunity Commission is an independent agency.

true

T/F The Equal Pay Act applies to all employees who are not exempt from the minimum wage requirements

true

T/F You may hire a worker who is 12 or 13 years old for any nonhazardous agricultural work outside of school hours if the child's parents work on the same farm or if you have their written consent

true

T/F You must pay the state minimum wage if it is higher than the federal minimum wage

true

Who is responsible for administering and enforcing FLSA

wage and hour division

who enforces the FLSA?

wage and hour division

Are state governments covered under Title VII?

yes

Is U.S Congress covered under Title VII?

yes

T/F Angie has clinical depression that sometimes makes it hard for her to concentrate. Angie is not eligible for accommodation under the ADA.

False

T/F An employee has rights and responsibilities beyond those spelled out in the job description, employment contract, HR policies, and the employee handbook.

True

T/F Employers are legally required to treat pregnancy the same way they treat any other medical disability. a. True b. False

True

T/F The Pregnancy Discrimination Act requires pregnancy leave dates to be based on the individual employee's ability to work.

True

T/F Women and minority groups are referred to as protected classes.

True

T/F under FMLA Employee is entitled to health insurance coverage during the leave period

True

Is the federal government covered under Title VII?

no

are elected officials covered under Title VII?

no

are independent contractors covered under title vii?

no

are private educational institutions covered under Title VII?

yes

are public educational institutions covered under Title VII?

yes

are state governments covered under title VII?

yes

From the employer's point of view, a romance between ____________ would be of the most legal concern regarding potential exposure to a sexual harassment charge. The employer is a large, urban law firm. a. two partners of the firm of the same sex b. two paralegals of the opposite sexes, both of whom are married c. a female attorney and the vendor supplying the legal research software d. the managing partner (female) and a paralegal (male)

D

Which of the following companies or institutions would be allowed to discriminate on the basis of religion? a. municipal police departments. b. Sadie's Kosher Frozen Cuisine. c. airlines with international routes. d. St. Mary's Catholic Academy for Girls.

D

Which of the following employers are covered under the Civil Rights Act of 1964? a. Organizations hiring Native Americans on or near a reservation b. Bona fide, tax-exempt private clubs c. Religious organizations employing persons of a specific religion d. Labor unions having 15 or more members or employees

D

When must IRCA verifcation occur? Be specific. a. 3 calendar days b. 3 business days c. 30 calendar days d. 1 business week e. none of the above

B

Which of the following HR functions is NOT included in a typical balanced scorecard analysis? a. employee training b. employee benefit programs. c. mentoring programs d. succession planning

B

Which of the following examples would most likely NOT be considered evidence of age discrimination? a. Bob is a retired engineer who works part-time as sales staff at a "big box" home center. The store manager refers to Bob as "Grandpa Bob." b. A modeling agency has sent an 52-year-old man to pose for a photo shoot for a teen-oriented product line. The shoot director was over heard to say on the phone, "What were you thinking? I gave you our target customer profile!" c. When James was sent to classes to update his computer skills, his supervisor commented that she was sure "old dogs could learn new tricks." d. The HR managers at a non-profit organization refer to the informal policy of laying off the most senior and highly-paid employees first as the "age before beauty" policy.

B

Which of the following is not prohibited by Title VII of the Civil Rights Act of 1964? a. Paying a woman less than a man for doing the same job b. Promoting a white male over a black male on the basis of seniority c. Refusing to hire Hispanics d. Limiting training opportunities for men

B

Which of the following statements is TRUE? a. Anti-discrimination laws require that part-time employees must receive benefits if the company offers full-time employees benefits. b. Employers are required to provide part-time employees government-mandated benefits, but other benefits are voluntary for the employer. c. Part-time employees are typically not interested in benefits because they are usually covered by a spouse's or parents' insurance policies. d. Most employers provide part-time employees pro-rated medical benefits, but no time-off benefits because these employees already work a reduced schedule.

B

Workers are protected by Title VII of the Civil Rights Act of 1964 against employment discrimination based on all the following characteristics EXCEPT a. age over 40. b. sexual orientation. c. religion. d. pregnancy.

B

You are the recruiter for an ophthalmologic products company. Your firm needs a scientist with a highly-specialized background. You have been unable to lure any scientist with the needed qualifications to your firm, even though you have offered a very high salary. After intensive searching, you have found a Canadian-educated, Peruvian scientist with impeccable credentials who is interested in moving to the U.S. Which problem are you most likely to encounter? a. The inability of the scientist to adapt to the U.S. work culture. b. Tight immigration quotas for highly skilled workers. c. Your current scientific employees fearing that their work will be outsourced overseas. d. The difficulty in meeting the salary expectations of the Peruvian scientist.

B

Your roommate applied for a summer job as a bookkeeper for the county. As part of his employment screening, he was asked to take an exam that had general mathematical aptitude questions on it. This type of selection test is referred to as a: A. Performance test B. Cognitive ability test C. Validity test D. Personality test E. Certification test

B

All the following are indicators that an employee is a supervisor and not protected by the National Labor Relations Act EXCEPT the employee a. can hire other employees. b. can discharge other employees. c. can train other employees. d. can use independent judgement with employees.

C

A school district hired a school bus driver without doing a multi-state criminal background check. It checked only in the state in which the school is located. Subsequently, the school bus driver was convicted of kidnapping one of the children who rode his bus. The prosecution in the case revealed that the driver had been convicted ten years earlier of possession of child pornography in another state. The school district is guilty of a. dereliction of duty. b. employment misfeasance. c. incompetent selection. d. negligent hiring.

D

Albert is an assistant store manager for a national discount retailer. When Albert was denied a promotion to store manager he filed a claim based on religious discrimination with the EEOC, which was eventually denied. After the claim, Albert was transferred to be the assistant store manager at a location requiring a 97-mile round trip commute that takes about four hours of travel time per day. His previous worksite had been only 15 minutes from his home. a. Since Albert retained his position in the company as an assistant store manager and he kept the same pay level, this is not retaliation. b. This action is ex post facto evidence of retaliation. c. The employer is not vulnerable to a charge of retaliation because Albert's charge of discrimination was denied. d. This action could be considered retaliation.

D

All of the following are legal concerns about Internet recruiting EXCEPT a. potential wrongful termination lawsuits if managers post comments about subordinates' demographics. b. discrimination lawsuits if potential employers see information on social networking sites that reveal protected class status. c. what actions qualify an person visiting a job website as an applicant for legal purposes? d. the higher level of applicant fraud and exaggeration of qualifications compared with traditional recruiting methods.

D

All of the following are requirements for performance appraisal supported by the courts and the EEOC EXCEPT a. performance criteria must be based on job analysis. b. appraisal activities must be documented. c. the rater must have personal knowledge of and contact with the appraised individual. d. performance criteria must be numerical and objective.

D

What was the initial protected class for the According to the age discrimination in employment act?

40-65

How many people make up the EEOC?

5

The employees and/or covered dependents have _____ days from the date of the Qualifying Event Notification letter or from the loss of coverage date to elect COBRA benefits

60

Under the Worker Adjustment & Retraining Notification Act, covered employers are required to provide a _______ day written notice to employees in the event of a plant closing or mass layoff

60

T/F An advantage of unemployment compensation is that because it is funded by a tax on employers, state unemployment funds are able to remain solvent during economic downturns.

False

T/F Armand (formerly Amanda) is a transgender man employed as a security guard at a large bank. Armand has applied to be a supervisor, but he has been rejected on the basis that the other security guards would not be comfortable taking orders from a transgender person. Armand can to sue his employer under the Civil Rights Act of 1991.

False

T/F As director of HR, you advise your CEO to not implement a skills test for applicants for an entry-level position. You argue that even though the test is job-related and will eliminate applicants that are not qualified for the job, the people eliminated are likely to be members of protected classes. You tell the CEO that "we could be exposed to lawsuits, so we should avoid using this test." Your advice to the CEO advice IS consistent with a recent Supreme Court ruling.

False

T/F Dirty jokes, vulgar slang, nude pictures, swearing, and personal ridicule and insult constitute quid pro quo sexual harassment.

False

T/F Executive orders have typically been used by presidents during wartime to allow large government contractors to operate freely of the employment discrimination laws.

False

T/F If you lend or extend credit to an employee, federal law allows you to withhold money from the employee's pay to satisfy that debt even if it makes a nonexempt employee's pay drop below the minimum wage

False

T/F In other cultures, men have more respect for women than they do in the U.S., so it is not necessary for other countries to have laws forbidding sexual harassment in the workplace.

False

T/F No adverse impact exists if members of a protected class represent a significantly smaller percentage of the organization's workforce than the percentage found in the population of the surrounding community.

False

T/F OSHA regulations ban all smoking in the workplace.

False

T/F Obesity is not considered as a disability under the ADA, even if the individual's ability to walk is impaired by his/her weight, because this condition is the result of the individual's own lifestyle and can be changed by the individual.

False

T/F One of the architects at a major firm began acting erratically. Numerous medical tests ruled out physical causes, such as a brain tumor. The final diagnosis was a type of psychosis. This architect is NOT protected by the ADA because this is a mental, not a physical, ailment.

False

T/F Quid pro quo sexual harassment occurs when unwelcome sexual conduct has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.

False

T/F Shirley is a member of the Air Force Reserves. She was concerned that she would not be hired if the company knew that she was in the reserves and could be called up for active service at any time. So, she did not tell the employer that she was a reservist. After she had been with the company for eight months, Shirley's unit was called to go to Iraq. Her employer terminated Shirley's employment when it learned of Shirley's military status. Shirley can charge her former employer with violation of the USERRA.

False

T/F The employment-at-will doctrine overrides implied contracts.

False

T/F The trend is for HR performance management specialists to conduct performance appraisals for exempt-level employees because of widespread problems with supervisor-rater bias.

False

T/F Title VII of the Civil Rights Act led to the institution of the Equal Pay Act.

False

T/F When interviewing an individual over 65 for a job, it is legal for the interviewer to inquire about the person's medical history because age is not a disability and thus not protected by the ADA.

False

t/F Executive Order 11246 requires all federal agencies and government contractors to develop affirmative action plans. a. True b. False

False

T/F The Department of Transportation requires drug testing for workers in certain occupations and industries, whereas drug testing is optional for most other employers.

True

T/F The Equal Employment Opportunity Act of 1972 strengthened the enforcement power of the Equal Employment Opportunity Commission (EEOC).

True

T/F The Equal Employment Opportunity Commission (EEOC) considers an employer guilty of sexual harassment if the employer knew about harassment activity but failed to take any corrective action.

True

T/F The Equal Pay Act makes it illegal to discriminate against people in terms of the pay, employee benefits, and pension they earn based on their gender when they do equal work.

True

T/F The HR department's cost of processing each applicant for non-exempt openings is a measure of efficiency.

True

T/F The Lilly Ledbetter Fair Pay Act states that the 180-day statute of limitations for filing an equal-pay lawsuit with the Equal Employment Opportunity Commission (EEOC) resets with each new discriminatory paycheck an employee receives.

True

T/F The complexity of the unemployment compensation system and the stigma attached to receiving unemployment compensation mean that most of the people qualified to receive unemployment compensation never actually apply for or receive the unemployment compensation to which they are entitled.

True

T/F The components of job specifications should provide information necessary to determine what accommodations might and might not be possible under ADA regulations.

True

T/F The function of the NLRB is to enforce the Wagner Act..

True

T/F The work of the Equal Employment Opportunity Commission consists of formulating equal employment opportunity (EEO) policy and approving litigation involved in maintaining equal employment opportunity.

True

T/F Under Cobra Once terminated, the employee is still covered under the employer's group health care plan, but he or she must pay the full premium

True

T/F Under most circumstances, it is legal to terminate members of protected classes if their documented job performance has been poor.

True

T/F Vacancy costs when an employee is terminated include temporary help, contract and consulting firm usage, and employee overtime until the employee who left is replaced.

True

T/F Weegee's Holiday Decor is a seasonal business that decorates the exteriors of homes and commercial buildings for the winter holidays. Weegee hires about 35 workers from October 1 to January 30. Weegee does NOT have to abide by Title VII of the Civil Rights Act.

True

T/F You don't have to provide overtime pay to an employee who performs office or nonmanual work if he or she regularly performs at least one of the duties of an exempt executive, administrative, or professional employee

True

T/F all health insurance plans must guarantee the availability and renewal of coverage regardless of health status.

True

T/F you don't have to provide a minimum wage or overtime pay to certain computer workers

True

An employee's entitlement to a minimum wage is guaranteed by federal law. Consequently, it is a a. statutory right of the employee. b. moral obligation of the employer to the employee. c. contractual obligation of employer to employee. d. reciprocal relationship of employer and government.

A

Andrew has informed the director of HR that as of next month, he will be Andrea. Andrew's co-workers are unaware of the upcoming transformation. Andrew has been a high-performing employee at company headquarters for the last nine years. The company specializes in publishing religious materials and an extensive product line for home-schooling. Which of the following options would be UNWISE for the HR director to take? a. The HR director should inform Andrew's manager so that Andrew/Andrea can be transferred from his current client-contact job to another position that does not entail client-contact. b. The HR director should wish Andrew the best of luck and ask if Andrew has any concerns regarding his employment situation. c. The HR director should inform Andrew that federal law requires the individual's birth gender to apply in any sex discrimination case under Title VII. So, Andrea would be considered male under Title VII. d. The HR director should investigate whether the locality has a law protecting transgendered persons from employment discrimination.

A

At Crystalline Candies, both the packers (who hand wrap each candy and hand pack each box of candy) and the telephone/Internet sales employees have signed enough authorization cards for the NLRB to conduct a certification election. The NLRB will probably a. investigate whether the employees have a community of interest based on their jobs, physical location, areas of work and other factors. b. put these employees in the same bargaining unit because they all are hourly employees who work for the same company. c. investigate whether the employees have a community of interest by taking a survey and determining which issues are most important to each group. d. put these employees in the same bargaining unit because their jobs are all in the same industry.

A

Clarence is 59 years old. His employer, Twentieth Century Motors, is offering an early retirement package for workers 58 years old and older. The early retirement package appears financially generous, but in order to receive it, Clarence will be required to sign a waiver that he will not in the future sue Twentieth Century Motors for age discrimination. Clarence's rights in this situation are protected by the a. Older Workers Benefit Protection Act (OWBPA). b. Consolidated Omnibus Budget Reconciliation Act (COBRA) c. Employee Retirement Income Security Act (ERISA) d. Worker Adjustment and Retraining Notification Act (WARN)

A

Construction workers on a high-rise job site have walked off the job because they say the scaffolding on which they are to work is unsafe. All of the following conditions must be satisfied for this to be a legal walkout, EXCEPT a. the workers are receiving hazardous-duty pay. b. their fear that the scaffolding is dangerous is objectively reasonable. c. the employees have tried to have the dangerous condition corrected by talking with their supervisor and the owner of the company. d. using normal procedures to solve the problem has not worked.

A

During long-lasting economic declines, a. state unemployment compensation funds often become exhausted. b. the number of weeks of unemployment offered to out-of-work individuals has to be cut to conserve the funds. c. employers are often forced to stop their contributions to unemployment compensation funds because of financial losses. d. the weekly payments to each individual recipient are reduced.

A

Each of the following is one of the Big Five personality characteristics EXCEPT a. leadership. b. extroversion. c. emotional stability. d. openness to experience.

A

Employers can determine adverse impact by using: a. the four-fifths rule. b. the McDonnell-Douglas test. c. the ratio rule. d. the two-thirds rule.

A

Executive Order 11246 provides equal employment opportunities to: a. federal employees and individuals employed by government contractors. b. state and local government employees. c. all employees of public and private employers. d. union members.

A

Fair employment practice laws: a. are often more comprehensive than federal laws. b. are established by the Equal Employment Opportunity Commission. c. cannot bar discrimination based on marital status or political affiliation. d. are provisions under the Veterans' Readjustment Act.

A

How have the courts treated unionized workers and employment-at-will actions? a. Unionized workers cannot pursue EAW actions as at-will employees, because they are covered by the grievance-arbitration process. b. Unionized workers can pursue EAW actions, because they have the same rights as non-union employees. c. Unionized workers cannot pursue EAW actions in right-to-work states. d. Unionized workers can only pursue EAW during the time period when the contract is under negotiation.

A

In which Supreme Court decision involving an invalidated employment test for firemen did the Court state: "once the process has been established and employers have made clear their selection criteria, they may not then invalidate the test results, thus upsetting an employee's legitimate expectation not to be judged on the basis of race."? a. Ricci v. DeStefano b. Albemarle Paper Co. v. Moody c. University of California Regents v. Bakke d. United Steelworkers of America v. Weber

A

John took early retirement last year at age 58. Now his former employer wants to rehire John as an independent consultant. Which of the following statements is FALSE? a. The employer is violating the ADEA because it is hiring John to do the same work that he did as an employee, but without paying for his health benefits and other benefits provided to regular employees. b. Re-hiring retirees is a common practice, because it retains their experience and expertise within the firm. c. John is more likely to have a job offer from his former employer than if he searches for a job with different employers where he may be viewed a "overqualified" or encounter other forms of age discrimination. d. If John accepts a contract with his old employer, he will not have the same protection from discrimination that he did as an employee.

A

Does this information have to get stored in a separate file? rates of pay

no

Does this information have to get stored in a separate file? termination records

no

Does this information have to get stored in a separate file? training records

no

Does this information have to get stored in a separate file? transcripts

no

are parents, spouse and children of owners covered under Title VII?

no

are personal staff of elected officials covered under Title VII?

no

if you are under 40 are you protected by the Age Discrimination in Employment Act (ADEA)?

no

___________________ - Employees who are entitled to the minimum wage and overtime pay, because they are not exempt from the requirements

non-exempt employees

exempt or nonexempt? blue collar workers

nonexempt

exempt or nonexempt? carpenters

nonexempt

Employees who are paid overtime and are usually paid an hourly wage are called

nonexempt employees

OSHA

occupational safety and health administration

protects older people from signing away their rights to pensions and protection from illegal age discrimination

older workers benefit protection program

________________: The permanent or temporary shutdown of a single sit of employment or one or more facilities or operating units within a single sit of employment, provided that the shutdown results in an employment loss of 50 or more employees during any 30-day period

plant closing

a form of gender discrimination to treat an employee differently because of pregnancy, child, birth or related medical conditions

pregnancy discrimination act

__________ : is the minimum wage established for each class of workers as determined by the secretary of labor

prevailing wage

COBRA: Certain conditions, referred to as ________________-- require the employer to provide continued health & medical insurance coverage

qualifying events

Immigration Reform and Control Act Threshold

4 full-time and part time employees

After lunching with his boss, Alex, a graphic designer, fell down several stair steps entering the office building and sprained his ankle. Alex went to the company nurse who wrapped his ankle in elastic bandages. Alex was back at his desk about an hour later. OSHA would categorize this as a/an a. lost-time or disability injury. b. medical care injury. c. minor injury. d. other than serious injury.

C

An employer is responsible for a "serious" OSHA violation that could cause death or serious physical harm to an employee a. only if it actively caused the condition. b. only if it knew about the existence of the violation and did not do anything to alleviate the problem. c. if it did not know about the violation, but should have known about it. d. if the condition exists regardless of the employer's causing the problem or being able to know about the problem.

C

Current concerns about pandemic diseases have caused OSHA to issue special guidelines for a. companies with large numbers of expatriate employees in developing countries. b. federal government contractors in the Middle East. c. the poultry production industry. d. the international airlines and cruise ship companies operating in U.S. ports.

C

Which of the following individuals would be LEAST likely to be protected by the EEOC from discrimination on the basis of family responsibilities? a. a 32-year-old fundraiser for a university whose husband has Lou Gehrig's disease for whom she hires 7 a.m. to 6 p.m. caregivers during the work week. b. a 70-year-old checkout clerk at a retail chain store whose wife living at home has Alzheimer's disease. c. a 17-year-old cook at a fast food restaurant who is a single mother of a school age child. d. a 40-year-old single woman whose elderly mother is in a nursing home in the same city and whose father is in a nursing home in another state.

D

T/F Although no federal law requires this, most states have laws that require employers not discriminate against domestic partners and provide them the same benefits as traditional married couples.

False

T/F Federal law mandates that if employers provide maternity/paternity benefits for biological parents, the same benefits must be provided for employees who adopt children.

False

T/F If an OSHA compliance officer shows up at a workplace with a search warrant, the company can request a 24-hours grace period before the compliance officer can enter the workplace.

False

T/F If employers do not use E-Verify to determine if an applicant is legally permitted to work in the U.S., the employer is considered to be in technical violation of federal law and can be audited by Immigration and Customs Enforcement.

False

T/F Since "soft skills" are difficult to test for, and interviewing for soft skills often disadvantages women candidates, the EEOC's guidelines require that applicants be selected for quantifiable or measurable "hard skills" only.

False

T/F Some workplaces have areas designated as "hard hat areas." This would come under OSHA's regulations for ergonomics.

False

T/F The EEOC enforces both the Civil Rights Acts of 1964 and 1991, and the various anti-discrimination executive orders applying to federal contractors.

False

T/F The EEOC is responsible for requiring that federal contractors take affirmative action to overcome the effects of prior discrimination practices.

False

Personality tests are: A. Illegal B. Universally used C. Hard to defend in court D. Inadmissible in courtroom procedures E. Highly valid

C

T/F A bakery employing 4 fulltime and 7 part-time employees is covered as an employer under Title VII.

False

T/F . Title VII of the Civil Rights Act provides employees with a statutory right to complete religious freedom in the workplace.

False

T/F A 35-year-old applicant who is denied employment based upon age may file a claim under the Age Discrimination in Employment Act if the organization hired a 21-year-old. a. True b. False

False

T/F A staff attorney for a large commercial real estate development firm, whose salary is $175,000, has returned from military duty in Iraq with injuries to both hands that prevent her from using a keyboard. Equipping her computer with voice recognition software that will allow the attorney to do carry out her job duties will cost over $3,000. The firm can refuse to accommodate the attorney's disability because this would be an undue hardship.

False

T/F The Constitutional right of U.S. citizens to be protected from search and seizure does not apply to employees of private employers.

True

Penalties for Minimum Wage & Overtime Violations: - Fined of up to $_________ per violation against employers who willfully or repeatedly violate the minimum wage or overtime pay provisions

$1,100

Walsh-Healey Act of 1936: federal contracts or subcontracts for the manufacture or furnishing of materials, supplies, articles, and equipment in any amount exceeding __________

$10,000

You don't have to provide overtime pay to an employee who performs office or nonmanual work if he or she earns a total annual compensation of $__________ or more (which includes at least $455 per week paid on a salary or fee basis

$100,000

In order for a local newspaper to always be exempt it must have a circulation of less than ________.

4,000

- Large employers must provide reasonable break time for an employee to breastfeed her child for up to how much time after the child's birth

1 year

- In assessing any ADA claim, the HR professional has 2 questions to answer

1. is the applicant disabled? 2. is the individual qualified?

-Mass Layoff: occurs when a reduction in force is not the result of a plant closing but involves at least ____________% of the employees and at least ________ employees are laid off for at least a _________-day period

33 50 30

Title VII threshold

15 full/part time for more than 20 weeks

to file a complaint against Title VII you must file a complaint within _______ Days

180 . The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.

Older Workers Benefit Protection Act threshold

20 full/part time

Age Discrimination in Employment Act (ADEA) threshold

20 or more full/part time

Penalties for Minimum Wage & Overtime Violations:- Up to _____ years from date of offense for willful violations

3

All of the following, except _______, are exempt from the Employee Polygraph Protection Act of 1988. A) private financial consulting firms B) industries with national defense or security contracts C) all local, state, and federal employees D) businesses with nuclear power-related contracts with the Department of Energy E) businesses and consultants with access to highly classified information

A

Affirmative action compliance is reviewed by the: a. Office of Federal Contract Compliance Programs. b. Equal Employment Opportunity Commission. c. Supreme Court. d. Justice Department.

A

Lakshi, a teller at one of the branch banks, has filed a complaint of sexual harassment with the EEOC alleging that her branch manager made persistent unwelcome sexual advances toward her. As the newly-hired vice president of HR, you start investigating. All of the following pieces of information will help you defend the company against Lakshi's charge EXCEPT a. Lakshi has not suffered any negative employment action by her branch manager. b. All branch managers, including Lakshi's, have been trained in how to avoid sexual harassment. c. The bank has a current policy against sexual harassment. d. There have been nine complaints of sexual harassment at the bank in the last two years. Each was investigated by HR. Seven were found to be baseless. The harasser was disciplined in the other cases.

A

Maxster, Inc., has a long-standing problem with theft from its warehouses. The director of HR is considering how she can identify applicants who are honest. All of the following are possible steps the director can take EXCEPT a. give polygraph tests after conditional job offers are made, since Maxster has legal "cause" because of its history of employee theft. b. ask the applicants if they have been convicted of felonies. c. have a background checking firm investigate applicants' backgrounds after a conditional job offer is made. d. have all applicants take an honesty test after warning them that faking can be detected and will eliminate them from consideration for employment.

A

Quid pro quo harassment occurs when a. employment outcomes are linked to the victim's granting the harasser sexual favors. b. an intimidating or offensive work environment is created. c. a subordinate voluntarily initiates the offer of sexual favors for the supervisor. d. the victim cannot perform his/her work well due to the harassment.

A

SafeCleanGreen, Inc., has used a ________ performance appraisal system for some 10 years. The company uses this for both administrative and development purposes. SafeCleanGreen has terminated Jerry, who belongs to a protected class, because of inadequate performance, especially on the "creative behavior" element of his performance. If Jerry sues the company for discrimination, the courts will likely be unfavorably disposed to SafeCleanGreen's performance appraisal system. a. trait-based b. results-based c. behavior-based d. productivity-based

A

The Age Discrimination in Employment Act protects individuals over the age of a. 40. b. 50. c. 65. d. 70.

A

The Employee Polygraph Protection Act a. prohibits polygraph use for pre-employment screening purposes by most employers. b. prohibits private sector employers from using polygraph tests under any circumstances. c. prohibits government agencies from using polygraph tests except in circumstances where national security is involved. d. permits the use of polygraphs, but only when administered by a trained expert.

A

The Fair Labor Standards Act mandates that employees who work more than __________ hours in a week be paid no less than __________ times their regular wage for all hours they work beyond __________ during a given week. A) Forty (40); 1 ½; forty (40) B) Thirty (30); 1 ¼; thirty (30) C) Forty (40); 1 ¼; forty (40) D) Thirty (30); 1 ½; thirty (30)

A

The Family and Medical Leave Act requires that eligible employees be permitted to take leave for each of the following except: a. caring for a brother or sister with a serious health condition. b. adoption of a child. c. caring for a parent with a serious health condition. d. serious health condition of the employee.

A

The McNamara-O'Hara Service Contract Act (1965) covers federal service contracts. The Fair Labor Standards Act covers minimum wage requirements, exemption conditions for employees, work conditions for children under 18, and overtime. Which of the following best expresses the definition of benchmark positions? a. Common jobs within all organizations b. Evaluation of current jobs c. Review of market conditions for salaries d. Change in significant jobs in a company e. Review of value in positions within an organization

A

The McNamara-O'Hara Service Contract Act (1965) covers federal service contracts. The Fair Labor Standards Act covers minimum wage requirements, exemption conditions for employees, work conditions for children under 18, and overtime. Which of the following best expresses the definition of benchmark positions? a. Common jobs within all organizations b. Evaluation of current jobs c. Review of market conditions for salaries d. Change in significant jobs in a company e. Review of value in positions within an organization

A

The ____ allows victims of intentional discrimination on the basis of sex, religion, or disability to receive both compensatory and punitive damages. a. Civil Rights Act of 1991 b. Americans with Disabilities Act c. Title VII, Civil Rights Act of 1964 d. Executive Order 11246

A

The purpose of OSHA's lock out/tag out regulations is to a. prevent accidental start-up of defective machinery during repair or adjustment. b. deny access to the workplace by unauthorized individuals. c. ensure that hazardous substances are kept under lock and key when not being used. d. close down a workplace judged unsafe by an OSHA inspector.

A

The purpose of right-to-work laws is to a. make it illegal to force people to join a union to get or keep a job. b. promote full-employment in unionized industries. c. require that all union members have legal visas. d. prohibit unions from organizing in a particular state.

A

The vice president of HR for a large magazine publisher is creating an internship program for students in journalism and communication university degree programs. All of the following should be included in the internship program EXCEPT a. providing interns full employee benefits during their internship. b. requiring meaningful work from the interns. c. providing performance feedback. d. treating the interns as though they are employees regarding workspace, tools and Internet access.

A

Title VII provisions for religion: a. require employers to make reasonable accommodations for religious observance or practice. b. consider religion to be a bona fide occupational qualification. c. require employers to grant complete religious freedom in employment situatuions in accordance with the First Amendment. d. permit discrimination if religious preference is a bona fide occupational qualification.

A

Vendome Products will have a labor surplus of 15% in its non-exempt employee ranks next year because of decreases in sales of its major product line. Vendome will need to consider all of the following alternatives EXCEPT a. transferring non-exempt employees working on this product line into exempt-level jobs at Vendome. b. workforce reductions of non-exempt employees working on this product line. c. cutting wages or hours for non-exempt employees working on this product line. d. not replacing non-exempt employees working on this product line who leave Vendome voluntarily.

A

What is the main purpose of an applicant flow form? a. to report applicant demographic data to the EEOC. b. to document that the employer asked each applicant to voluntarily provide demographic data. c. to use protected class status to make hiring decisions d. to collect EEO data that the applicant is required by law to provide

A

What was the primary purpose of the Immigration Reform and Control Act (IRCA) of 1986? A) to curb undocumented immigration B) to encourage immigration from Asian countries C) to regulate the flow of refugees D) to encourage immigration from Europe

A

Which of the following benefits are NOT mandated by federal legislation? a. health insurance b. unemployment compensation insurance c. continuation of health insurance after layoff d. workers' compensation insurance

A

Which of the following individuals would NOT receive benefits from the Social Security system? a. a 47-year-old person who has become unemployed through no fault of his/her own. b. a 25 year-old person who was in a car accident and is now paralyzed and unable to hold a job. c. the 70-year-old widower of a woman who was a dentist for 30 years. d. a physical therapist who has stopped working at the age of 69.

A

Which of the following is NOT an example of sexual harassment? a. Paying a man more than a woman for doing the same job b. Promoting a female employee after she agrees to an after-work date c. Permitting the work environment to be hostile, intimidating, or offensive d. Allowing a customer to demand sexual favors from an employee

A

Which of the following statements about religious expression in the workplace is TRUE? a. Discriminatory practices subject to Title VII of the Civil Rights Act extend to holiday office decorations, food served in the company cafeteria, and employee attire and grooming. b. Employers must accommodate all of the religious practices of any employee. Otherwise, they are liable to have violated Title VII of the Civil Rights Act. c. Religious speech, including proselytizing for new converts, is protected in the workplace under Title VII of the Civil Rights Act. d. Common religious practices of mainstream religions, such as reading an inspirational passage from the New Testament, before an important business meeting are not covered under Title VII of the Civil Rights Act.

A

Which of the following statements is TRUE with regard to sexual orientation and gay rights? a. The U.S. Supreme Court has not decided whether gay men and lesbians have rights under the equal protection amendment to the U.S. Constitution. b. Transvestites are considered disabled under the ADA. c. Federal law prohibits discrimination based on sexual orientation. d. State and city laws banning discrimination based on sexual orientation have typically been held invalid by the individual state supreme courts.

A

Which of the following statements is TRUE? a. A company may require applicants to take a drug test even before a conditional job offer has been made. b. A pre-employment health checklist can be required of applicants before a job offer is made, but physical medical exams cannot be made until after a conditional job offer. c. A drug test is considered a medical exam and cannot be administered unless a conditional job offer has been made. d. Companies may ask questions about the job applicant's current medical condition, but not past medical problems.

A

Which of the following statements is TRUE? a. It is currently illegal for employers to collect genetic information on employees. b. Employers can legally test employees for genetic characteristics, but they cannot take any actions on the results if the employee would be negatively impacted. c. Employers can legally test employees for genetic characteristics and make decisions based on these tests. d. Genetic tests are legally allowed only if employers can demonstrate business necessity.

A

_____________ occurs when an individual's work performance or psychological well-being is unreasonably affected by intimidating or offensive working conditions. a. Hostile environment harassment b. Bona fide sexual harassment c. Harassment as perceived by a "reasonable woman" d. Quid pro quo harassment

A

ADA

Americans with Disabilities Act

A long-time assembly line worker, Ed, and his wife have divorced. Under COBRA rules, who must HR notify of their opportunities for extended health benefits? a. only Ed's wife b. Ed's wife and Ed's dependent children c. Ed's wife, his dependent children, and Ed's dependent elderly parents d. No one, since this is a divorce and not Ed's death.

B

Amber, a sales associate in a department store, was terminated for theft. Amber says she is innocent. She argues that because she was not allowed to explain the situation and defend herself that a. her right to arbitration was violated. b. due process was not followed. c. her statutory rights as a non-union employee were violated. d. distributive justice was ignored..

B

Angstrom Implements has been reported to OSHA for exposing employees to chemicals harmful to human lungs. When the OSHA compliance officer reviews Angstrom's file, he sees that the company has never submitted an OSHA Form 300. This indicates that Angstrom a. is in violation of OSHA recordkeeping regulations. b. may not have had a past record of workplace injuries. c. has fewer than 20 employees and is so not required to file OSHA Form 300. d. is exempt from filing OSHA 300 forms because it is in OSHA's labor statistics survey group.

B

Arlene works as a teller for a bank. During an armed robbery, Arlene was injured by flying glass. She needed hospitalization for several days. Under workers' compensation, Arlene can expect all of the following EXCEPT a. payments to replace lost wages. b. 12 weeks of FMLA leave. c. payments to cover medical bills. d. retraining for another position if she has psychological impairment from the episode that makes her unable to work as a teller.

B

Clark Kent has been hired by an HR consulting firm as an outplacement counselor. Clark will be trained in the company's copyrighted techniques and programs. As part of his employment contract, Clark must agree that if he quits or is terminated he will not work as a trainer for a rival outplacement company in a specified list of states for a period of one year. This is an example of a/an ____ clause. a. non-piracy b. non-compete c. non-solicitation d. unenforceable clause because it prevents Clark from making a living at his occupation.

B

Disparate treatment cases involve: a. discharge complaints. b. purposeful discrimination. c. affirmative action goals. d. immigration cases.

B

During contract negotiations the union negotiator has brought up the issue of changing the way overtime work is scheduled. a. Management does not need to negotiate on this issue because it is a permissive issue. b. Management must negotiate on this issue as it is a mandatory issue. c. This is a non-negotiable issue because scheduling is part of management's rights. d. Because the union negotiators are asking for a higher level of overtime pay than time-and-a-half, this is an illegal issue and management may refuse to negotiate.

B

ESOPs, 401(k) plans, and profit-sharing plans are all examples of a. pension plans. b. contributory plans. c. defined-benefit plans. d. cash-balance plans.

B

For the position of firefighter in Smallville, the physical requirements are rigorous and selection involves many ability tests. Mark is hearing-impaired in both ears even with hearing aids. This impairment caused him to be disqualified even though Mark passed all the other physical tests and pencil-and-paper tests. This is an example of a. the compensatory approach to performance predictors. b. the multiple hurdles approach to selection. c. discrimination under the ADA. d. person-organization mismatch.

B

In 2011, about _____ of sexual harassment complaints filed with the EEOC were filed by men. a. 2 percent b. 16 percent c. 30 percent d. 50 percent

B

In general, personnel files and records should be maintained for a. 1 year. b. 3 years. c. 7 years. d. the life of the company or its successor companies.

B

In most developed countries, ____ provide/s most health and retirement benefits for citizens. a. employers b. the government c. non-governmental organizations, such as charities d. workers' unions

B

In order to comply with OSHA regulations, Henry is scheduling a program on handling hazardous materials for production employees at the chemical plant. This type of program is classified as ____ training. a. job/technical b. required and regular c. developmental d. problem-solving

B

Individuals who fall within a group identified for special treatment under equal employment laws and regulations, are members of a/an a. oppressed minority. b. protected class. c. employment caste. d. special treatment class.

B

Lucretia Toys is investigating the use of team incentives in its production plant. Each work group is composed of about 25 individuals. As the manager of HR you a. recommend using equal payouts for each team member since it will simplify performance appraisal requirements. b. express concern about the dilution of individual efforts on such large teams. c. urge management to go forward with the plan because every job can benefit from increased teamwork. d. recommend that management wait to implement any team incentive plan because this may trigger a union organizing attempt in a manufacturing environment.

B

Mimosa Clockworks has found that it has disparate impact in the proportion of Hispanic employees compared to the proportion of Hispanics in its labor market. The director of recruiting for Mimosa Clockworks should a. lower the job specifications for Hispanic applicants. b. begin advertising job openings on the local Spanish language radio station. c. continue its current recruiting practices because only organizations with Affirmative Action Plans are required to meet EEO guidelines. d. freeze hiring until qualified Hispanics apply for positions.

B

The Americans with Disabilities Act a. has made it impossible for an employer to find out if an applicant is physically able to do a job until a conditional job offer has been made b. allows physical ability tests to be given to applicants if the tests are job-related. c. has resulted in high costs of accommodation for employers d. requires employers to hire applicants who can perform most of, but not all of, the core functions of the job

B

The Family and Medical Leave Act (FMLA) defines a ____ as one requiring in-patient, hospital, hospice, or residential medical care or continuing physician care. a. medical leave event b. serious health condition c. life threatening illness d. covered health-related event

B

The Immigration Reform and Control Act a. permits employers to have policies that require all job applicants be native-born U.S. citizens.. b. requires employers to pay prevailing U.S. wages to immigrants holding the appropriate visas. c. prevents employers from discriminating against undocumented aliens. d. mandates that all employers use the E-verify database.

B

The Uniformed Services Employment and Reemployment Rights Act requires a. employers to continue employee's pay while he/she is on military leave. b. employees to notify their employers of their military service obligations. c. employers to give preference in hiring to applicants who have served in the military. d. employees who are permanently disabled as a result of their military service to be automatically enrolled in the employer's retirement program.

B

The Worker Adjustment and Retraining Notification Act __________________. A) requires 14 days advance notice of plant closings. B) requires 60 days advance notice of plant closings C) requires 30 days advance notice of plant closings and up to 30 days of paid retraining D) Was found to be in violation of freedom of expression by the Supreme Court.

B

The federal Hazard Communication Standard requires that employers who use hazardous chemicals a. limit the amount of time that an employee can work in areas where the chemicals are in use or stored. b. provide material safety data sheets readily accessible to those who work with the chemicals.. c. provide supplemental medical insurance for all employees working with the chemicals. d. allow employees to "opt out" of jobs using these substances and to be transferred to jobs with equivalent pay

B

The federal Hazard Communication Standard requires that employers who use hazardous chemicals a. limit the amount of time that an employee can work in areas where the chemicals are in use or stored. b. provide material safety data sheets readily accessible to those who work with the chemicals.. c. provide supplemental medical insurance for all employees working with the chemicals. d. allow employees to "opt out" of jobs using these substances and to be transferred to jobs with equivalent pay.

B

The fundamental job duties of the employment position that an individual with a disability holds or desires are called a. core job duties. b. essential job functions. c. reasonable accommodation factors. d. minimum job requirements.

B

The most fundamental anti-discrimination employment law, the one that is considered the keystone for following legislation, is the a. Fourteenth Amendment of the U.S. constitution. b. Civil Rights Act of 1964. c. Executive Order 11246. d. Equal Pay Act of 1963.

B

The procedural document developed by the Equal Employment Opportunity Commission is the: a. Uniform Commercial Code. b. Uniform Guidelines on Employee Selection Procedures. c. Affirmative Action Guide. d. Business Code of Ethics.

B

Top of the Flock Turkey was cited for unsafe working conditions for its line operators twice in the last year. This month OSHA compliance officers have discovered the same violation at the processing plant. Top of the Flock is vulnerable to a/an ____ violation which carries potential jail time for managers. a. Federal contempt b. willful and repeated c. de minimis d. imminent danger

B

Trent has just become a recruiter for Peahen Products, Inc. In examining the existing applicant selection tests that Peahen uses, Trent comes across some tests he has not used in other organizations. One is a graphology (handwriting) test for conscientiousness and attention to detail.. Trent is of the opinion that if he gave applicants a graphology test as a personality test, it would be perceived as a. a reliable screening device. b. invalid. c. illegally discriminatory. d. fakable.

B

Under HIPAA, which of the following is not considered a covered entity: A) Health plans B) Business associates C) Clearinghouses D) Providers

B

Under the Americans with Disabilities Act, a. those addicted to legal prescription drugs are not considered disabled. b. recovering substance abusers are considered disabled. c. current illegal drug users are considered disabled. d. addiction to alcohol is not considered a disability.

B

Under the Fair Labor Standards Act provisions for minimum wage and overtime requirement, executives, administrators, professionals, and outside salespeople are examples of: a. ad-hoc employees. b. exempt employees. c. de facto employees. d. marginal employees.

B

WWFS has a large number of cooks and other food service workers who will be sent to hostile environments overseas to prepare meals for the military. The workers have been hired, but they need to be trained almost immediately because the workers are due to be shipped out in a few weeks. The HR staff at WWFS is overloaded with administrative work. It would be most wise for WWFS to a. train the supervisors rather than the hourly workers. b. hire external trainers. c. hire and train new HR staff to do the training. d. use on-the-job training when the new hires arrive in the hostile environment.

B

When Kevin applied for a job with a firm providing security to high-profile individuals, he was given a test for visual memory. This would be best classified as a. a psychomotor ability test. b. a cognitive ability test. c. an illegal test that discriminates against the disabled. d. a work sample test.

B

All of the following are ways to measure the effectiveness of safety efforts EXCEPT a. worker's compensation costs per injury/illness. b. percentage of illnesses/injuries per department. c. cost of personal protective equipment per employee. d. incident rate comparisons within the industry.

C

All of the following types of organizations fall under Title VII EXCEPT a. private religious educational institutions. b. private employers of 15 or more persons. c. agencies of the federal government. d. national labor unions.

C

Anne has applied for a job with a company that has a mini-medical plan. Anne is 27 years old, single, has no dependents, and is in robust health. Her family health history is excellent. Anne is an avid snow skier on advanced courses, parasailer and show jumping competitor. Which aspect of the plan would be of the MOST concern to her? a. Only 10 doctor visits per year are covered. b. Only a few prescription drugs are covered. c. Hospital coverage is very limited. d. The choice of physicians is restricted.

C

Bona fide occupational qualifications can: a. be used to identify adverse impact. b. be based on employer preference. c. permit discrimination by an employer. d. require reasonable accommodation on the part of the employer.

C

Borderline Cafeterias, Inc., has discovered that most of its wait staff is white, while most of its kitchen staff is minority. When interviewed by the local TV news anchor, the CEO of Borderline Cafeterias says, "There has been no conscious or deliberate practice to staff the cafeterias in a discriminatory manner. It just happened to turn out this way." The CEO's argument is an example of a. disparate treatment. b. blind discrimination. c. disparate impact. d. discriminatory intent.

C

During a trip to China, Kevin became very ill and had to be treated for several days in a Chinese hospital. During the course of treatment Kevin received several blood transfusions. Kevin is now back at work in the U.S., but rumors in the workplace are spreading that the reason Kevin is constantly fatigued and subject to colds is because he caught AIDS from the transfusions. For this reason, Kevin was passed over for promotion because the supervisor of that department did not want to work with a person with AIDS. Is Kevin covered by the ADA? a. Yes, but only if Kevin really has AIDS. So Kevin needs to have an AIDS test to clarify his medical condition. b. No, because Kevin hasn't had an AIDS test, so his actual medical condition is not known. c. Yes, Kevin is covered by the ADA because some coworkers think he has AIDS, even though he may or may not actually have AIDS. d. No, because the real causes of the rumors about Kevin are his fatigue and his frequency of colds. Colds and fatigue are transitory and are not covered by the ADA.

C

During the 1970s, in which case did the Supreme Court rule that applicants must be evaluated on an individual basis, and race can be one factor used in the evaluation process as long as other competitive factors are considered? a. Ricci v. DeStefano b. Griggs v. Duke Power c. University of California Regents v. Bakke d. Hazelwood School District v. United States

C

Emily was selected for jury duty for a multiple-homicide trial. The jury was sequestered for three months, resulting in Emily's being unable to work for that entire time. Her employer fired her. Emily a. has no recourse because she is an at-will employee. b. can sue because this is falls under the good-faith and fair-dealing exception to employment-at-will. c. can sue because her firing was a violation of public policy. d. should have quit under the employment-at-will policy and collected unemployment compensation.

C

Employees are entitled to overtime pay at one-and-a-half times their regular pay rate, for hours worked in excess of _____ hours per workweek. a. thirty b. sixty c. forty d. fifty

C

Gloria recently earned her bachelor's in HR. She has just started her first exempt-level HR job. What is the earliest time that Gloria can be certified as a PHR (assuming she has passed the PHR exam)? a. after seven years of exempt-level HR experience b. after four years of exempt-level HR experience c. after two years of exempt-level experience d. after one year of exempt-level experience

C

HR professionals value their professional certification because a. certification is required in order to hold an exempt-level position in HR. b. most large organizations require certification for entry-level HR positions.. c. of the credibility certification gives them with peers and senior managers. d. certification is viewed as the equivalent of a master's degree in HR.

C

If an employer plans to tap nontraditional workers, it should be prepared to do all of the following EXCEPT a. be flexible in work scheduling. b. invest in training for workers. c. pre-adapt its work stations for all major disabilities. d. cooperate with non-profit groups who work with people with protected classes.

C

If members of a protected class are under-represented in the workplace, the condition of ____ exists. a. discriminatory intent b. disparate treatment c. disparate impact d. statistical bias

C

In 2011, the EEOC and state fair employment practice agencies processed ______ sexual harassment complaints nationwide. a. 85,572 b. 38,936 c. 11,364 d. 3,420

C

In recent years, the number of age discrimination complaints filed with the Equal Employment Opportunity Commission (EEOC) has shown: a. a slow decline. b. a dramatic increase. c. a steady increase. d. a rapid decline

C

In which of the following decisions did the Supreme Court state that affirmative action programs are not illegal per se as long as rigid quota systems were not specified for different protected classes? a. Griggs v. Duke Power b. Albemarle Paper Co. v. Moody c. University of California Regents v. Bakke d. United Steelworkers of America v. Weber

C

Josh was laid off at age 39 from a position as Chief Financial Officer for a medium-sized agricultural products firm in Nebraska. The company had been acquired by a larger corporation, and it laid off all the executives of the acquired firm. Josh has looked for work intensely for two years, but the downturn has hit Nebraska hard, and opportunities are scarce. Josh has lost his medical benefits and he is willing to take any job he can get. Josh has heard repeatedly that he is over-qualified and that his computer skills are outdated. Which of the following statements is TRUE? a. Josh is not covered by the ADEA since he was originally laid off at age 39. b. Josh is not covered by the ADEA since he is only 42 and the ADEA cutoff is age 50. c. "Overqualified" is often a code word for age discrimination. Josh may be a victim of age discrimination. d. Josh is a white male, and he is more likely a victim of reverse discrimination since there are very few minority job seekers in Nebraska.

C

Paul is a recreational user of illegal substances and does not intend to stop using them. He is graduating from high school and considering his career choices. All of the following occupations EXCEPT ____ would subject Paul to DOT drug testing. a. long-haul truck driver b. airline mechanic c. warehouse forklift operator d. licensed sailor.

C

Sherlock is a private investigator. He and Megatherium Industries have a formal agreement that he will perform background checks on all applicants for managerial-level positions for one year, for a certain fee and within certain performance guidelines. This agreement gives Sherlock a. implied obligations. b. responsibilities without rights. c. contractual rights. d. statutory protections.

C

T/F The major provision of the Pregnancy Discrimination Act of 1978 is that a. pregnant employees are to be given 12 weeks family leave without pay. b. pregnant employees are entitled to 12 weeks of paid maternity leave. c. maternity leave is to be treated the same as other personal or medical leaves. d. employers can not discriminate against employees based on marital status.

C

The Age Discrimination in Employment Act (ADEA) of 1967 did which of the following? A) Banned discrimination against workers over age 65. B) Forbid employers from firing or demoting workers 65 and older without good cause. C) Banned discrimination against workers aged 40 to 65. D) Allowed employers to reduce the salaries of older workers if they were not as productive as younger workers.

C

The American with Disabilities Act does NOT: a. require employers to make reasonable accommodation to disabled persons. b. define disability as a physical or mental impairment that substantially limits one or more major activities. c. provide protection for adjustment disorders. d. protect people regarded as having disabilities.

C

The CEO of the firm suspects that one of the scientists has been selling company secrets to a competitor. The CEO bases this suspicion on the fact that in the last year, this scientist who has previously lived a modest lifestyle has purchased a BMW convertible, significantly improved her wardrobe, and has gotten her nose fixed. The CEO has asked you to arrange for a Polygraph Exam. Reluctantly, you have brought in a polygraph expert. The researcher refuses to take the exam. a. The CEO can fire the scientist for refusing to take the polygraph. b. The CEO can fire the scientist on the basis of probable cause. c. The scientist cannot be fired for refusing to take the polygraph. d. The scientist has a case for suing the firm for illegally attempting to conduct a polygraph test.

C

The HIPAA legislation was designed to accomplish the following except: A) Increase accountability and decrease fraud and abuse B) Ensure the security and privacy of health information C) Discontinue health insurance coverage for employees changing jobs D) Improve the efficiency of health care transactions and mandate standards for health information

C

The Immigration Reform and Control Act of 1986, requires employers to a. cooperate with annual audits of HR records by ICE agents. b. send copies of all documents submitted by employees to the Immigration and Naturalization Service within 48 hours of hiring. c. determine whether the job applicant is a U.S. citizen, registered alien, or illegal alien, within 72 hours of hiring. d. contact the Department of Homeland Security within 24 hours if an illegal alien applies for a job with a government contractor, in the transportation sector or in sensitive industries.

C

The Occupational Safety and Health Act states that employers have a general duty to a. obey all rules and regulations developed by the OSHA. b. inform OSHA when there are no rules to apply in a specific situation. c. provide safe and healthy working conditions, even in areas where there are no OSHA standards. d. conform to typical and accepted industry safety practices and standards.

C

The Pregnancy Discrimination Act states that: a. an employer can deny sick leave for morning sickness. b. an employer may set mandatory lengths for pregnancy leave. c. an employer must set pregnancy leave dates based on the individual employee's ability to work. d. pregnancy is a temporary medical condition and not a disability

C

The concept of employment-at-will: A. Has yet to be utilized effectively in this country B. Is considered the largest threat to organized labor since 1935 C. Appears to be eroding as courts find exceptions to the concept D. Is a progressive discipline policy intended to protect specific minority groups E. None of the above

C

There are three major drug testing policies that most employers follow when testing current employees. Which of the following is NOT one of these typical policies? a. random testing of every employee at periodic intervals b. testing only when there is probable cause c. testing employees fitting the drug-user profile at random intervals. d. testing after accidents

C

Voltra, Inc., is planning to fill a number of openings for entry-level professionals. The selection process is quite extensive and includes several levels of individual interviews, team interviews, and psychological tests, as well as general ability tests. Much of the interview time is spent on the applicant's philosophy of life and work. Voltra, Inc., is highly concerned with a. defining who is an applicant. b. complying with EEO and ADA requirements. c. person-organization fit. d. matching the person to the job.

C

WeStorIt, Inc., requires all candidates who receive conditional job offers to take a physical ability test that requires them to be able to lift 50 pounds from the ground to a height of three feet for 30 minutes at a time, to be able to push a trolley loaded with 500 pounds of weight for 100 yards, and to walk up three flights of stairs, among other requirements. This test is required for warehouse workers, warehouse supervisors and office managers. Which of the following statements about this test is TRUE? a. This test is legal because it is not used to pre-screen applicants. b. Employers can use this test because a conditional job offer has been extended. c. This test is not clearly linked to job requirements. d. If physically disabled applicants apply for these jobs, it is not discriminatory to eliminate them with pre-screening questions.

C

What is the purpose of pre-employment screening? a. to provide a realistic job preview and discourage potential applicants who would be dissatisfied with the job b. to weed out applicants with arrest records and convictions c. to determine if applicants meet the minimum qualifications for open jobs d. to obtain information for EEO and Affirmative Action reports

C

When an organization ignores diversity issues a. it enables employees to get along with one another because no employees are being singled out for preferential treatment on the basis of their race, gender or other non-job-related attributes. b. the amount of conflict within the organization is reduced, because disputes based on non-job-related characteristics are resolved internally. c. it is exposed to potential lawsuits by protected class employees. d. the organization can focus on strategic issues that enhance the organization's sustainable success.

C

When pursuing an adverse impact claim, an individual is alleging: a. unintentional discrimination against an individual belonging to the nonprotected class. b. intentional discrimination against an individual belonging to the nonprotected class. c. unintentional discrimination against a protected class. d. intentional discrimination against a protected class.

C

Which of the following jobs/occupations could a person over 16 and under 18 legally perform according to the FLSA? a. driving a shuttle between a parking lot at the state fairgrounds to the fairgrounds entrance. b. killing turkeys at an organic farm c. counter staff in a donut store in a high-crime neighborhood d. working as a roofer on one-story residences.

C

Woodmere Production Company employees over 2,000 hourly workers. The HR department is debating the introduction of web-based technology to handle employment applications, employee benefit enrollments and other related functions. The move to this technology will most affect the HR department's ____ role. a. strategic b. operational c. administrative d. employee advocate

C

You are writing the electronic technology usage policy for your small company. Which of the following behaviors would be LEAST LIKELY to be included as inappropriate use of company email which might make the company vulnerable to allowing an environment to exist that contributes to harassment? a. forwarding pornography to co-workers b. forwarding jokes with sexual content to co-workers c. sending an electronic Valentine to one's spouse d. sending love poems to a co-worker who is not the sender's romantic partner

C

Angus is a bus driver for a tour bus company. He's had an excellent driving record for the 15 years that he's been working for the company. Last year Angus was on medical leave for 8 weeks for a back injury that has left him in chronic pain. Recently, Angus' co-workers have noticed that he has been behaving erratically and has been falling asleep in the employee lounge. If Angus has an accident while driving one of the tour buses because of the effects of his prescription pain medication and passengers are injured, the company might be liable for a. failure to conduct a thorough background check on Angus. b. negligent hiring. c. criminal negligence. d. negligent retention.

D

Certain health plan benefits are exempt from HIPAA standards even when provided by health plans. Which of the following is not exempt: A) Workers' compensation B) General and automotive liability insurance C) Accident or disability income insurance D) Coverage for walk-in medical clinics

D

Clarence is the recruiting manager for a start-up firm of about 25 people. He realizes that he needs to be aware of disparate impact in hiring new staff. All but one of the current employees is of European descent. Which is Clarence's best bet as a recruiting source to find qualified Hispanic applicants? a. LinkedIn b. referrals of friends by current employees c. social networking sites d. placement office of a university with a high Hispanic enrollment

D

Employee benefits are a/an a. legal and ethical responsibility of employers. b. type of employer social activism. c. type of corporate charity. d. indirect reward for employees.

D

Employment-at-will is a common-law doctrine holding that a. an employee must provide a minimum of two weeks' notice before quitting a job. b. there are no legal restrictions preventing employers from firing any employee, as long as that employee is not covered by a union contract or an employment contract. c. employees are free agents, but employers must have just cause for termination. d. an employer has the right to hire, fire, demote, or promote whomever it chooses except as limited by law or contract.

D

Hammond University requires all applicants to their Masters of Business Administration Program to take the G.M.A.T. exam. This exam measures the test taker's aptitude for management by measuring things like verbal comprehension, mathematical calculations and other necessary management skills. This type of test is classified as a(n): A. Personality test B. Performance test C. Integrity test D. Cognitive ability test E. None of the above

D

Health care organizations and professionals that provide health care in the normal course of business and that electronically transmit information that is protected under HIPAA: A) Business associates B) Contracted employees C) Covered businesses D) Covered entities

D

Highly compensated employees are exempt if they: a. perform office or non-manual work. b. are paid $100,000 or more annually. c. Annual pay includes at least $55 per week (not paid in several large amounts). d. all of the above.

D

In Griggs v. Duke Power, the Supreme Court established the principle that: a. educational selection requirements are illegal. b. discrimination occurs only if the employer intends to discriminate. c. discrimination can occur even if it is overt or unintentional. d. employment tests are illegal.

D

In which of the following decisions did the Supreme Court not endorse all voluntary affirmative action programs, but it gave an important push to programs voluntarily implemented and designed to correct past racial imbalances? a. Griggs v. Duke Power b. Albemarle Paper Co. v. Moody c. University of California Regents v. Bakke d. United Steelworkers of America v. Weber

D

Ingrid is a recent immigrant from Denmark with a valid U.S. work permit. She has applied for work on the wait staff at a Chinese restaurant near her home. Ingrid doesn't have a car, and this restaurant is one of the few employers she can walk to. Ingrid was turned down for an opening at the restaurant, although she has relevant job experience. Later, Ingrid noticed a Chinese man was hired for the job. Ingrid should a. sue because this is sex discrimination. b. sue because this is national origin discrimination and violates the IRCA. c. not sue because this is an English-language-only workplace and Ingrid's English language skills are minimal. d. not sue because Chinese origin is a bona fide occupational qualification in this case.

D

Jolene is aware that one of her colleagues, Bill, is biased against Asians. Bill is a supervisor at the same level as Jolene. He has told Jolene that he has refused to hire several qualified candidates referred to him by the HR recruiter. "I'm just going to wait-out HR until HR finally sends me someone who is not a (racial epithet)." Which of the following statements is FALSE? a. Jolene is not legally obligated to blow the whistle on Bill. b. Jolene may be protected against retaliation for blowing the whistle on Bill if she works for a federal agency. c. If Jolene blows the whistle about Bill's behavior to a private party outside the firm, she may be considered disloyal to her employer. d. If Jolene blows the whistle on Bill's behavior to the EEOC, she can be disciplined or fired by her employer for not following internal procedures.

D

Long-term disability insurance a. is a mandatory security benefit for non-governmental employers with over 50 employees. b. allows employees to accrue sick leave for time-limited emergency needs. c. pays for long term care such as nursing home, assisted living, and home health-care for disabled persons. d. provides continuing income protection for employees who become are unable to work because they are disabled.

D

Performance appraisals are widely used for all the following types of employees EXCEPT a. non-exempt employees. b. professional employees. c. managers in service industries. d. unionized production employees.

D

T/F Lydia is three months pregnant with twins. She is applying for a pharmaceutical sales representative position that requires one week of overnight travel per month. Which of the following statements is FALSE? a. If Lydia is hired for the job, but is demoted to a non-travel position after her twins are born, this may be an example of family responsibility discrimination. b. If Lydia takes her full FMLA leave during the first year after her twins are born, and she is subsequently passed over for promotion which is given to a male employee whose wife has had twins, she may have a case for retaliation for taking FMLA leave. c. If Lydia is qualified for the job but she is not hired because she is pregnant, this may be a violation of the Pregnancy Discrimination Act. d. Lydia is required by the ADA to disclose her need for future accommodation.

D

The Health Insurance Portability and Accountability Act (HIPAA) requires a. employers with more than 50 employees provide medical insurance for all full-time employees. b. employers to offer health coverage to contingent workers if the workers pay 102% of the employer's cost. c. that most employers offer extended health-care coverage to employees after they leave the organization. d. that most employees be able to switch their health insurance from one company to another to get new health coverage, regardless of pre-existing conditions.

D

The Sarbanes-Oxley Act has had all of the following effects on HR EXCEPT a. companies have to establish ethics codes. b. HR has had to carry out compliance verification effort involved with the act. c. HR has to develop anti-retaliation policies for employee whistle-blowers. d. HR exempt-level professionals must have professional certification.

D

The Supreme court in a 5-4 decision held that there is no mixed motive analysis available under the ADEA a. O'Connor v. Consolidated Coin Caterers b. General Dynamics Land Systems v. Cline c. Smith v. City of Jackson d. Gross v. FBL Financial Services

D

The ____ enforces the Wagner, Taft-Hartley and Landrum Griffin Acts. a. the U.S. Justice Department b. U.S. Department of Labor c. Federal Labor-Management Conciliation Authority d. National Labor Relations Board

D

The checkers and baggers at Grocery Giant have approached the loading dock workers to cooperate in a union organizing attempt. The NLRB will decide whether these three groups of employees constitute a bargaining unit based on a. mutuality of concerns. b. similarity of employment. c. commonality of conditions. d. community of interest.

D

The law that enables people who enter the military for a total of five years to return to their private-sector jobs without risk of loss of seniority or benefits is: a. the Uniformed Services Employment and Reemployment Rights Act. b. the Vocational Rehabilitation Act of 1973. c. the Equal Employment Opportunity Act of 1972. d. the Veterans' Readjustment Act.

D

Typically, once an OSHA inspector's credentials have been examined and an opening conference has been held with an HR representative, the OSHA inspector's first step will be to a. interview a selection of employees. b. conduct an on-the-spot inspection of the workplace. c. use testing equipment to test the company's compliance with OSHA standards. d. examine the organization's safety records.

D

What are the two (2) employer's verification requirements under IRCA? a. Applicant's identity b. Applicant is a U.S. citizen c. Applicant's authorization to work in the U.S. d. a & c e. All of the above

D

What information should be provided in the job specification to ensure compliance with ADA regulations? a. identification of compensable and non-compensable factors. b. disclaimer that the job description is not a legal contract c. performance standards for all levels of physical ability d. information necessary to determine what accommodations might or might not be possible

D

What law governs the maximum amount that can be withheld from an employee's wages for spousal or child support? A. Family Support Act of 1988 B. Omnibus Budget Reconciliation Act of 1993 C. Child Support Enforcement Amendments of 1984 D. Consumer Credit Protection Act

D

When does the burden of proof fall on the employer in a disparate impact or disparate treatment suit? a. when there is an Affirmative Action Plan in place b. when it is a class action suit of current and former employees c. when the case goes to court before a jury d. when the court rules that disparate impact or disparate treatment has occurred.

D

Which employee would NOT be classified as disabled under the ADA? a. an alcoholic employee who has dropped out of a 12-step recovery program. b. an employee diagnosed with bipolar disorder. c. a recovering crack addict in a 12-step program. d. an employee with anger-management issues

D

Which employee would NOT be classified as disabled under the ADA? a. an alcoholic employee who has dropped out of a 12-step recovery program. b. an employee diagnosed with bipolar disorder. c. a recovering crack addict in a 12-step program. d. an employee with anger-management issues.

D

Which of the following groups would not fall under the broad definition of protected classes? a. African Americans b. Women c. People above 55 years of age d. White men

D

Which of the following has been a general ruling in cases filed under the Pregnancy Discrimination Act? a. Employers are not required to accommodate the needs of pregnant employees. b. Pregnancy is a disability requiring special accommodation. c. Women must be assigned less strenuous tasks, also termed "light duty," during pregnancy. d. Employers must treat pregnant employers the same as non-pregnant employees with similar abilities or inabilities.

D

Which of the following is FALSE with respect to the physical appearance of employees? a. Men who wear beards for religious reasons typically win lawsuits against employers who require employees to be clean-shaven. b. Obesity may be considered as a disqualification for a job if excess weight prevents satisfactory job performance. c. An employer can reject an applicant because he/she too short to safely use the required equipment. d. Pregnant women can be required to start their pregnancy leave when they can no longer fit into the mandatory work uniform.

D

Which of the following statements is FALSE regarding FMLA. a. Employees without families who are required to pick up the slack for employees taking family leave can be resentful. b. Employers often do not understand FMLA requirements. c. Employees caring for a family member who is an injured veteran are eligible for 26 weeks leave. d. Fitness-for-duty tests are illegal for employees returning from FMLA leave for personal medical conditions.

D

Which of the following statements is FALSE? a. The EEOC prefers predictive validity over concurrent validity studies of predictors. b. Predictive validity studies take much longer than do concurrent studies of predictors. c. Concurrent validity studies use the employers existing employees to test whether certain predictors are tied to performance levels. d. Both concurrent and predictive validity tests can be accurately run with as few as 15 employees.

D

Which of the following statements is TRUE regarding a 1986 amendment to the Age Discrimination in Employment Act (ADEA). a. Pension plans must be available to employees at the time (and age) that they choose to collect Social Security. b. Claudia has just turned 65. It would be legal for Claudia's employer to reduce her health care benefits since Claudia now qualifies for Medicare. c. Employers can no longer specify a "normal" retirement age. d. Bill is 78 and is working part-time for a "big box" home and garden store. The store manager can not require Bill to retire.

D

Which of the following strategies is NOT a recommendation for helping members of protected classes "break the glass" ceilings and elevators in organizations? a. formal mentoring programs for protected classes b. alternative work arrangements for employees balancing work and family responsibilities c. opportunities for managers in staff and support functions to rotate into operations, marketing and sales d. hiring more majority men into organizational functions that are becoming female-dominated, such as HR and communications, thus giving these functions more prestige

D

_________ enforces the national labor code

NLRB

who enforces the occupational safety and health act?

OSHA

T/F A lawn service employing 12 fulltime and 4 part-time is covered as an employer under Title VII.

True

T/F A local law protecting gays and lesbians from employment discrimination restricts employment-at-will for employers in that locality.

True

T/F A part-time employee who works in maintenance for a medium sized company would be an employee protected under Title VII.

True

T/F Adverse impact refers to the unintentional rejection for employment, placement, or promotion of a significantly higher percentage of members of a protected class when compared with members of nonprotected classes

True

T/F An employer may be guilty of sexual harassment when an employee finds jokes, pictures, or language used by others offensive.

True

T/F The Civil Rights Act of 1991 states that employees who are sent abroad to work for U.S.-based companies are protected by U.S. antidiscrimination legislation governing age and disability and Title VII of the Civil Rights Act of 1964

True

T/F Claudette is 59 years old. Since her job description was changed to include customer relations duties, her performance has declined. Over the past year Claudette has been counseled by her manager, sent to training, and received warnings about her poor performance. Claudette's performance is still not acceptable and there are no appropriate positions available for her to be transferred into. The employer will not be subject to an age discrimination claim if it discharges Claudette at this point.

True

T/F During a fire at nursing home, Brendan inhaled smoke while trying to rescue the patients, resulting in permanent lung damage and post-traumatic stress disorder. This would need to be reported as an OSHA incident and Brendan would be covered by workers' compensation for both the lung damage and the PTSD.

True

T/F Employers are guilty of sexual harassment if they permit their customers to sexually harass their employees.

True

T/F Employers may be accused of reverse discrimination, or giving preference to members of protected classes, to the extent that unprotected individuals believe they are suffering discrimination.

True

T/F For purposes of the Fair Labor Standards Act, a primary duty is considered to mean that the duty occurs at least 50% of the time.

True

T/F For years after she broke her hip in a car wreck Becky was addicted to prescription pain medication. Now, Becky is free of her addiction, but she continues to attend a 12-step program to stay drug free. Becky is covered by the ADA.

True

T/F Gloria's employer has instituted a flexible spending account program. Gloria is happy because she will be able to purchase benefits for her two school-age children. Is Gloria correct?

True

T/F HR managers need not be concerned about state fair employment practice laws since they are usually less stringent and less comprehensive than federal laws prohibiting discrimination.

True

T/F If an OSHA compliance officer finds a condition of imminent danger in a workplace, OSHA may have get a federal court injunction to shut down the company until the condition is rectified.

True

T/F If people are regarded as having a disability, then they are protected under the Americans with Disabilities Act.

True

T/F If the construction company management should have known that some of its Somali employees did not understand English well enough to comprehend the instructions for safe use of scaffolding, and if an employee is injured on the scaffolding because of improper use by one of the Somali employees, the company will be probably be guilty of violating OSHAs general duty clause.

True

T/F In general, the EEOC has upheld employer requirements that employees speak only English at certain times or in certain circumstances if the employer can justify a business necessity such as safety.

True

T/F In most states, public sector employees have greater access to their personnel files than do private-sector employees.

True

T/F Jessica is in the Army Reserve. When she is required to be away from her job for Reserve training, Jessica cannot be required to use her vacation time. This is a protection for military reservists in federal law

True

T/F Job analysis can help determine whether someone should be classified as exempt or nonexempt under wage/hour laws.

True

T/F Joelle worked for fifteen years for a pharmaceutical company that emphasized promotion from within and continuing employee training and development. The company has had financial reverses and Joelle was terminated in a mass layoff. Now, Joelle is facing moving from an organization-centered career planning model to an individual-centered career planning process.

True

T/F Kevin is undergoing chemotherapy once a week on Fridays. Kevin has used up all of his personal days and sick leave for the year. He is able to take FMLA leave every Friday and will be able to continue FMLA leave until he has used up all that remain of his 60 days per year of FMLA leave.

True

T/F Munster Garden Tool, Inc., displays all posters from government regulatory agencies, including OSHA, on the back wall of the parking garage. All employees know the posters are displayed in this location, but few employees pass this spot in their daily work routine. Munster is in violation of OSHA.

True

T/F Reasonable accommodation for a disability may include reassignment to a vacant position.

True

T/F Right-to-work laws allow employees to enjoy the benefits of a union in the workplace without having to join the union.

True

T/F Some of the dress code terms associated with business dress are smart casual, Friday casual, resort casual, and business.

True

T/F Some states require employers to provide paid FMLA leave, rather than unpaid leave.

True

T/F T/F A private school employing 12 teachers is covered as an employer under Title VII.

True

T/F T/F A religious organization is excluded from the coverage of the Civil Rights Act.

True

T/F T/F Federal law requires you to display the federal minimum wage poster ,"Employee Rights Under the Fair Labor Standards Act,: prominently in the workplace

True

T/F T/F Only large employers are directly affected by most provisions of the Affordable Care Act

True

T/F T/F The Equal Pay Act applies to executives, administrative, and professional employees, and outside salespeople, even though they're otherwise exempt from the FLSA requirements

True

T/F Tests for the "Big Five" personality traits are popular, but recent research indicates that personality explains so little about job outcomes that personality tests perhaps ought not be used at all.

True

T/F The City of Jackson, MS is covered as an employer under Title VII.

True

A long-time assembly line worker, Ed, and his wife have divorced. Under COBRA rules, who must HR notify of their opportunities for extended health benefits? a. only Ed's wife b. Ed's wife and Ed's dependent children c. Ed's wife, his dependent children, and Ed's dependent elderly parents d. No one, since this is a divorce and not Ed's death.

b

Does this information have to get stored in a separate file? immigration records

yes

Does this information have to get stored in a separate file? workers compensation claims

yes

Is a state government covered under title VII is they have 10 employees?

yes

are cousins, uncles, aunts, nieces and nephews covered under Title VII?

yes

are employment agencies covered under Title VII?

yes

are joint committees for apprenticeship and training covered under title VII?

yes

are labor unions covered under title VII?

yes


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