Legal Environment of Business Unit 7 Test

Many employers maintain seniority systems that reward​ long-term employees. Which of the following is NOT one of the systems to reward​ long-term employees?

A seat on the board of directors

Which of the following is an INCORRECT statement regarding the Age Discrimination in Employment Act​ (ADEA)?

It protects employees and employment applicants from any form of age discrimination.

The​ _____ Act establishes the right of employees to form and join labor​ organizations, to bargain collectively with​ employers, and to engage in concerted activity to promote these rights.

National Labor Relations

​_____ discrimination is employment discrimination against a person because of his or her​ heritage, cultural​ characteristics, or the country of the​ person's ancestors.

National origin

In​ 1970, the United States Congress enacted the​ _____ to promote safety in the workplace.

OSHA

Which of the following is an INCORRECT statement regarding the Occupational Safety and Health​ Act?

OSHA has not adopted regulations to enforce the safety standards established by the act.

Which of the following is an INCORRECT statement regarding the Occupational Safety and Health​ Act?

Private employers are not subject to the act.

Which of the following is an INCORRECT statement regarding race and color​ discrimination?

The EEOC does not recognize the Pacific Islander racial classification.

Which of the following is an INCORRECT statement regarding minimum​ wage?

The federal minimum wage is tied to​ inflation, with automatic increases to the minimum wage based on the Consumer Price Index​ (CPI).

Which of the following is an INCORRECT statement regarding Title VII​ remedies?

The sum of compensatory and punitive damages recoverable is potentially unlimited.

The​ ________________________ gives each union member equal rights and privileges to nominate candidates for union​ office, vote in​ elections, and​ _______________________.

Title I of the​ Landrum-Griffin Act; participate in membership meetings

Which of the following is an INCORRECT statement regarding gender​ discrimination?

Title​ VII's prohibition against sex discrimination applies only to women.

Which of the following is an INCORRECT statement regarding pregnancy​ discrimination?

When it was originally enacted in​ 1964, Title VII of the Civil Right Act expressly prohibited pregnancy discrimination as an illegal form of employment discrimination.

Which of the following is NOT true about the Federal Unemployment Tax Act​ (FUTA)?

Workers who have been let go for​ cause, such as for illegal activity or drug use on the​ job, or who voluntarily quit work without just cause are eligible to receive unemployment benefits.

Title VII of the Civil Rights Act of 1964 applies to all EXCEPT which of the​ following?

employers with fewer than 15 employees

​Workers' compensation is​ a(n) _____ remedy.

exclusive

Workers who hold​ H1-B visas are​ _____.

foreign guest workers

A worker in a factory reports for work and is walking toward his work station when he trips over some boxes stored on the floor. This would be a violation of the OSHA​ _____ duty requirement to provide safe working conditions.

general

The Occupational Safety and Health Act contains a​ _____ duty standard that imposes on an employer a duty to provide employment and a work environment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees.

general

Which of the following is NOT part of the​ complainant's burden of proof in a​ disparate-treatment discrimination​ case?

he or she suffered punitive damages as a proximate result of the discrimination

The U.S. Supreme Court has held that sexual harassment that is so severe or frequent that it creates​ a(n) _____ work environment violates Title VII.

hostile

Certain topics are​ _____ subjects of collective bargaining and therefore cannot be subjects of negotiation or agreement.

illegal

Mary files a gender discrimination claim with the EEOC that states her employer has engaged in sex discrimination in violation of Title VII. The employer does not promote Mary when she qualifies for a promotion because she filed this claim. This is​ _______.

illegal retaliation

Most strikes are lawful strikes.​ However, several types of strikes have been held to be illegal and are not protected by federal labor law. All of the following are examples of illegal strikes​ EXCEPT?

immediate strikes

The​ _____ permits employees and union officials to engage in union solicitation on company property if the employees are beyond reach of reasonable union efforts to communicate with them.

inaccessibility exception

Which of the following is NOT an example of unlawful​ picketing?

it upsets management

If a person applies for a job with a religious organization but does not subscribe to its religious​ tenets, and the organization chooses not to hire that candidate based on the difference in​ religion, this would be considered to be​ _____________.

lawful under Title VII

What vote is required for the union to be certified in a contested​ election?

more than 50 percent

Subjects that are not compulsory or illegal are​ _____ subjects of collective bargaining.

permissive

The size and composition of the supervisory​ force, location of​ plants, and corporate reorganizations are examples of​ _____ subjects of collective bargaining.

permissive

​Sex-_____ discrimination occurs when an employer does not discriminate against a class as a whole but treats a subset of the class differently.

plus

Title VII prohibits any form of gender discrimination where sexual favors are requested in order to obtain a job or be promoted. This is known as​ _____ sex discrimination.

quid pro quo

Which is a form of illegal discrimination under Title VII of the Civil Rights Act of​ 1964?

religion

Many of the OSHA standards are​ _____ duty standards.

specific

OSHA standards establish safety requirements for safety guards on​ saws, set maximum exposure levels for hazardous​ chemicals, and regulate the location of machinery in the workplace. These are examples of​ _____ duty standards.

specific

​Labor's "bill of​ rights" gives each union member all EXCEPT which of the​ following?

the right to a living wage

Which of the following is NOT a category of employees exempted by the FLSA from federal minimum wage and overtime pay​ requirements?

tipped employees

Under​ a(n) _____ shop​ agreement, an employer may hire anyone regardless of whether he or she belongs to a​ union; however, an employee must join the union within a certain time period​ (for example, 30​ days) after being hired.

union

To obtain the greatest power​ possible, elected unions sometimes try to install a union security agreement. Which of the following are the three lawful security​ agreements?

union​ shop, agency​ shop, closed shop

Individuals have a right to pursue private lawsuits when an employer violates the Genetic Information Nondiscrimination Act​ (GINA). Which of the following is an example of a type of relief NOT typically​ sought?

vacation time

According to the U.S. Supreme​ Court, factors that should be used to determine whether conduct in an employment setting results in a hostile work environment include all EXCEPT which of the​ following?

whether the conduct is permissible according to​ commonly-accepted religious precepts

If union organizers get fewer than​ _____ percent of the employees to sign​ _____ cards, a union election will not be held.

​30; consent

Under the​ FLSA, an employer cannot require​ non-exempt employees to work more than​ _____ hours per week unless they are paid​ _____ pay of​ _____ times their regular pay for each hour worked in excess of the standard work week.

​40; overtime;​ one-and-a-half

Section​ _____ of the​ _____ Act gives employees the right to join together to form a union.

​7; National Labor Relations

Section​ _____ of the​ _____ Act makes it an unfair labor practice for a labor union to interfere​ with, coerce, or threaten employees in exercising their statutory right to form and join unions.

​8(b); National Labor Relations

Which of the following is an INCORRECT statement regarding interference with a union​ election?

​Coercion, a form or​ persuasion, is a fair labor practice.

​_____ discrimination occurs when an employer discriminates against an entire protected class.

​Disparate-impact

​_____ discrimination occurs when an employer treats a specific individual less favorably than others because of that​ person's race,​ color, national​ origin, sex, or religion.

​Disparate-treatment

​A(n) _____ visa allows U.S. employers to employ in the United States foreign nationals who possess exceptional qualifications for certain types of employment.

​EB-1

​A(n) _____ visa allows U.S. employers to employ in the United States foreign nationals who are skilled in specialty occupations.

​H1-B

The Labor Management Reporting and Disclosure Act is also known as the​ _____ Act.

​Landrum-Griffin

The​ _____ Act stipulates that it is legal for employees to organize.

​Norris-LaGuardia

The Labor Management Relations Act is also known as the​ _____ Act.

​Taft-Hartley

Which of the following is an INCORRECT statement regarding​ workers' compensation?

​Today, most​ workers' compensation disputes are tried before a jury.

Which of the following is an INCORRECT statement regarding​ workers' compensation?

​Workers' compensation is a​ non-exclusive remedy.

The Lilly Ledbetter Fair Pay Act of 2009 is a federal statute that provides that each discriminatory pay decision restarts the statutory​ _____-day clock to file an employment discrimination claim against an employer.

180

In what decade was the Fair Labor Standards Act​ enacted?

1930s

The Age Discrimination in Employment Act​ (ADEA) of 1967 is a federal statute that prohibits age discrimination against employees who are​ _____.

40 years and older

Which of the following is an INCORRECT statement regarding a bargaining​ unit?

A bargaining unit is also known as a certified class.

Which of the following is an INCORRECT statement regarding Title VII​ remedies?

A court can award punitive damages against an employer in a case involving an​ employer's negligent disregard of federally protected rights.

The​ _____ was formed in 1886 under the leadership of Samuel Gompers.

AFL

Which of the following is an INCORRECT statement regarding​ workers' compensation​ insurance?

As a general​ rule, states do not require employers to purchase​ workers' compensation insurance to cover​ workers' compensation claims.

Which of the following is an INCORRECT statement regarding​ strikes?

Before there can be a​ strike, union members must vote unanimously in favor of the action.

Which of the following is an INCORRECT statement regarding color​ discrimination?

Color discrimination cases are brought more frequently than other forms of Title VII discrimination.

The​ _________________________ provides that an employee of a private employer or the​ employee's beneficiaries must be offered the opportunity to continue group health insurance. Government employees are subject to parallel provisions found in the​ __________________.

Consolidated Omnibus Budget Reconciliation​ Act; Public Health Service Act

Which of the following is NOT true about vesting under​ ERISA?

ERISA permits​ employer's contributions to be gradually vested over a​ 10-year period and completely vested after that time.

The ​____________​, a federal statute passed in​ 1963, protects​ _____________ from pay discrimination based on sex.

Equal Pay​ Act; both sexes

The​ _____ guarantees workers up to 12 weeks of unpaid leave in a​ 12-month period to attend to family and medical emergencies and other specified situations.

FMLA

Under the​ _____________________, employees must make contributions​ (i.e., pay​ taxes) into the Social Security fund. Under the​ ___________________________, self-employed individuals must pay Social Security​ contributions, too.

Federal Insurance Contributions​ Act; Self-Employment Contributions Act

Which of the following is an INCORRECT statement regarding the compensability of a​ workers' compensation​ claim?

For an injury to be compensable under​ workers' compensation, the claimant must prove that he or she was harmed by the intentional or negligent act of a​ co-worker.

​Currently, the immigration laws of the United States are administered by the U.S. Citizenship and Immigration Services​ (USCIS), which is part of the U.S. Department of​ _____.

Homeland Security

Which of the following is an INCORRECT statement regarding the child labor provisions of the Fair Labor Standards Act​ (FLSA)?

In​ 2012, the United States Supreme Court declared the child labor restrictions of the act unconstitutional as an impermissible restriction on interstate and international commerce​ (in other​ words, a violation of the Commerce Clause of the United States​ Constitution).

Which of the following is NOT an illegal form of discrimination under Title VII of the Civil Rights Act of​ 1964?

age

Under​ a(n) _____ shop​ agreement, an employer may hire anyone regardless of whether he or she belongs to a union. After an employee has been​ hired, he or she does not have to join the​ union, but if he or she does not join the​ union, he or she must pay an agency fee to the union.

agency

For an injury to be compensable under​ workers' compensation, the claimant must prove that he or she was harmed by​ _____.

an​ employment-related injury

​A(n) ________________ unit is a group of employees that a union is seeking to represent. This group can be the employees of a single company or​ plant, a group within a single​ company, or____________.

appropriate​ bargaining; an entire industry

Harassment includes all EXCEPT which of the​ following?

asking a​ co-worker on a date

National origin discrimination includes discrimination against employees or job applicants for all EXCEPT which of the following​ reasons?

a​ person's undocumented immigrant status

A​ _____ is a group of employees that a union is seeking to represent.

bargaining unit

Which of the following is NOT an exception to​ at-will employment?

being an employee in an office that is being downsize

Under​ worker's compensation, an injured worker files a claim with the appropriate state government​ agency, often called the​ workers' compensation​ _____.

commission

​Workers' ________ is paid to workers and their families when workers are injured in connection with their jobs.

compensation

Fringe​ benefits, health​ benefits, retirement​ plans, work​ assignments, and safety rules are examples of​ _____ subjects of collective bargaining.

compulsory

Wages are what type of subject of collective​ bargaining?

compulsory

If a​ person's minority status is only one factor of many factors considered in an employment​ decision, that employment decision made in the favor of this minority candidate will usually be​ _______.

considered lawful

If a racially neutral employment practice or rule causes an adverse impact on a protected​ class, this is​ _____ discrimination.

​disparate-impact

A statement such as​ "I'll close this plant if a union comes in​ here" is​ _____ under Section​ _____ of the National Labor Relations Act​ (NLRA).

​illegal; 8(a)

An​ employer's creation of a company union would be​ _____ under Section​ _____ of the National Labor Relations Act​ (NLRA).

​illegal; 8(a)

Employer threats of loss of benefits for employees joining a union are​ _____ under Section​ _____ of the National Labor Relations Act.

​illegal; 8(a)

Under Title I of the Americans with Disabilities Act​ (ADA), an employer has a duty to​ _____ accommodate an​ individual's disability if doing so does not cause​ a(n) _____ the employer.

​reasonably; undue hardship on

A right to​ _____ letter is issued by the EEOC if it​ _____ to bring an action against an employer.

​sue; chooses not

The term ​_________ is often used to refer persons who have or desire to legally and​ ____________ change their sex.

​transsexual; medically