Law Exam 4

The Family and Medical Leave Act gives employees the right to take:

12 weeks of unpaid leave per year for health and family-related reasons

Which is not an officially recognized racial group under Title VII:

Arab/Middle Eastern

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

Equal Employment Opportunity Commission

Under the ___, it is illegal to pay men and women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions

Equal Pay Act

In Bearden vs Wardley Corp, where Bearden sued Wardley because one of its agents, Gritton bought a (something) for her on the transaction, the court held that

Gritton and Wardley violated their fiduciary obligations to Bearden, so both are liable

The ____ states that employers must provide employees a work place "free from recognized hazards"...

The Occupational Health and Safety Act

Quid pro quo sexual harassment occurs when:

There is a promise of a reward, such as a pay raise, for providing sexual favors

The most important anti-discrimination employment law is ___

Title VII of the Civil Rights Act of 1964

A sexually hostile work environment is:

a form of sexual discrimination

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

a truck driver

Lois was the agent of Lester (saved the inventory). Lois acted:

accordance with her duty of reasonable care

___ is the authority given by the principal to the agent

actual authority

___ is when an agency is created because the actions of the principal may lead one to reasonably believe that the presumed agent has the authority to act for the principal

agency by estoppel

The laws against discrimination in employment do not cover which of the following areas:

all of the areas are covered by laws against discrimination employment

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

all of the other choices are protected

Which of the following is NOT a duty owned by the agent to the principal

all of the other choices are required

Sexual harassment does not appear to include:

all of the other choices may be included

Which of the following would lead to termination by operation of law for an agency

all of the other specific choices are correct

The duties of a principal to an agent do no include:

allowing the agent "significant discretion"

Employment-at-will:

allows employees to quit their jobs at any reason at any time and allows employers to discharge employees for any reason at any time subject to contract obligations

When you go on vacation you give your neighbor authority to pick up your mail and watch for burglars for you. You tell the neighbor not to go into the house or let anyone else in. A fire on the hills threatens your house. The neighbor goes in to carry out valuables before the house burns. This action is:

an agency through operation of law

An ___ is one in which employees are required to sign, as a condition of employment, an agreement that they will not recruit fellow employees for another company when they leave their current place of employment

anti-raiding clause

A woman has a difficult time with her pregnancy. She uses up all her leave time and sick time. She then often comes to work too late or leaves early due to feeling badly. Under the pregnancy discrimination act, her employer:

can dismiss her for taking off too much time

If Joe, and African-American employer with light skin, discriminated against Omar, an African-American employee with dark skin, Omar will most likely file a discrimination claim based on:

color

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

disparate treatment

Employees may be required to sign, as a condition of employees, an agreement that they will not sue the employer in case they are injured on the job. This is called:

exculpatory agreement

a manager who runs all aspects of a hotel is most likely what kind of agent

general agent

In Harris vs Forklift systems, a woman sued her employer based on the conduct of her male boss. The Supreme Court held:

if a work environment becomes hostile or abusive due to sexual harassment, an employer may be liable

Denying a woman a job, assignment, or promotion because she is pregnant or has children is:

illegal because it is a form of pregnancy distribution

Treating maternity leave differently than other leaves for temporary disabilities is:

illegal because it is a form of pregnancy distribution

_____ takes place when the principal behaves as if he has the intent of ratifying an unauthorized agreement

implied ratification

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

improper reverse discrimination, which violates Title VII

Workers compensation law:

is a federal program that is mandatory to nearly all workers

Requiring a prison guard in female prison to be a female is:

legal because in this instance sex is bona fide occupation qualification

When there is an undisclosed principal, the agent is:

liable to the third party for the principal's nonperformance of the contract

Carol's business requires that all employees dress professionally in business attire to give her company a professional appearance, Susan insists that she allowed to wear ratty jeans because her religion requires it. Carol:

may insist that Susan wear business attire since the company has a strict dress code policy

an agency may be established by:

operation of law or by oral agreement of the parties or by written agreement of the parties

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

persons aged 40 and over

Which is not a protected class under Title VII

political affiliation

Through an agency relationship, the agent becomes a representative of the:

principal

Title VII prohibits discrimination in employment based on sex. This does not include:

sexual preference or marital status

An agent with authority to represent the principal only for a specific transaction...

special agent

a principal's ratification is:

the principal's acceptance of responsibility for an agent's activities

In EEOC vs Dial Corp, where Dial used a wight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, appeals court held that:

the test used here was not a good prediction of ability to do the job, so was discriminatory

An employee joins a religion that requires members to keep a chicken by their side all morning then cut off the chickens head at noon and suck the blood

this misbehavior imposes undue hardship on the employer so need not be tolerated

wrongful discharge is a:

tort

Someone designated to do all acts that can be legally granted to an agent is called a:

universal agent

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

valid if shown to be an accurate predictor of ability to do the job.

In Cove Management vs AFLAC, Galago, an independent contractor who solicited insurance business for AFLAC, rented office space from COVE under AFLAC's name. When Galango defaulted on payments, cove sued AFLAC contending that Galago was its agent when he rented the office, so AFLAC was liable. The appeals court held that AFLAC:

was not obliged to the lease because Galago did not have apparent authority to sign a lease that would bind AFLAC

You post a notice at school that you will sell your laptop computer for $600. A buyer comes by your room to look at it while you are away and your roommate sells it for $500, thinking you would be happy with that price, which you did not authorize.

you can accept the deal by express or implied ratification