MGMT Final
Constructive discharge exists when an: A) employee sees no alternative but to quit her or his position; that is, the act of leaving was not truly voluntary. B) employer terminates a group of employees together for a legitimate, non-discriminatory reason. C) employee is fired for engaging in constitutionally protected activities. D) employer terminates an employee after providing 90 days' advance notice
A
Dahlia is an image technician. She reviews photographs for placement in a stock images catalog. Her male colleagues, who also review photographs for placement in a stock images catalog, are photo analysts. She complains that she is paid less for doing the same work as them. Which of the following is true in this situation? A) Dahlia will prevail in a claim under the Equal Pay Act if both of the jobs require equal skill, effort, and responsibility. B) Dahlia will not prevail in a claim under the Equal Pay Act because the law allows for unequal pay when the job titles are different. C) Dahlia will not prevail in a claim under the Equal Pay Act as pay information is meant to be confidential, and she has broken the law by finding out what her colleagues are paid. D) Dahlia will prevail in a claim under the Equal Pay Act only if she can show that her expenses are more than that of her male colleagues.
A
For an eligibility test to be legally validated as an effective gauge of performance, an employer must show that the test: A) is job-related and consistent with business necessity. B) allows the employer to use different cutoff scores. C) disregards the theory of promissory estoppel. D) is subjective but not based on job analysis.
A
Gerard is a high-level employee at the U.S. Department of State. He found out that the department leaked confidential information about him without his consent. In this case, Gerard can sue the Department of State as his rights have been violated according to the _____. A. Privacy Act B. Electronic Communications Privacy Act C. Federal Wiretap Act D. Freedom of Information Act
A
Harry and Sandra work on the same team for Chemvo Chemical Supply Company. They were both busy over the weekend for different reasons and failed to show up to work the next day. When they returned to work, Harry was only given a verbal warning, but Sandra was terminated. Which of the following statements is true in this situation? A) Sandra has a claim for gender discrimination as it is illegal to discipline one gender for an act for which the other gender is not disciplined. B) Sally does not have a claim for gender discrimination if Harry belongs to a protected class. C) Sandra does not have a claim for gender discrimination because of the privileges available to employers under the employee-at-will doctrine. D) Sandra has a gender discrimination claim only if she has more seniority than Harry at work.
A
Henri, who runs a French restaurant, wants his diners to have an authentic culinary experience. Thus, he wants to recruit qualified individuals of French origin for his restaurant. Henri can avoid a claim of national origin discrimination and still limit the job to individuals of French origin by showing that: A) an applicant's ability to speak fluent French and understand French cuisine are bona fide occupational qualifications. B) U.S citizens view people with French ancestry as exotic. C) it is difficult for people with French ancestry to be employed in other jobs. D) the Civil Rights Act of 1964 allows employers to discriminate against employees or applicants on the basis of their national origin without any legitimate cause.
A
Laura applies for the job of a firefighter. She is 5 feet 2 inches tall and weighs 110 pounds. Laura is denied the position because she does not meet the height and weight requirements. The fire department's height and weight requirements are: A) discriminatory if it can be shown that the requirements are not directly correlated to ability to do the job. B) not discriminatory because firefighters have mostly been tall. C) not discriminatory because Title VII of the Civil Rights Act of 1964 does not cover jobs such as guards, police officers, and firefighters. D) discriminatory if it can be shown that height and weight requirements are a business necessity.
A
Mega Big Box Stores has been hiring programmers at its headquarters to maintain its online retail operation. As the size of the online business grew, Mega changed the status of the programmers from employees to independent contractors, although their job responsibility increased. For the past 3 years, all new programmers brought on board have signed documents classifying them as independent contractors. Some of the programmers brought a court case regarding their status and got a verdict that they were misclassified. Which of the following is an implication of this scenario? A) The Internal Revenue Service (IRS) can hold the employer liable for its share of Social Security and federal unemployment compensation that should have been withheld. B) The Internal Revenue Service (IRS) will require the employer to exclude its programmers from its dental, medical, pension, and profit-sharing plans. C) The Internal Revenue Service (IRS) will hold the employer liable for a minimum of 10 percent of the wages received by the programmers. D) The Internal Revenue Service (IRS) will require the programmers to pay all the outstanding federal taxes, state taxes, and Medicare on their own if their employer fails to pay.
A
Mr. Tompkins of Lawlor & Tompkins Law Firm was conducting an interview for a junior associate attorney. He asked Macy, an applicant, if she was married and when she intended, if ever, to have children. His second interview was with Scott. He did not ask Scott either of these questions. Which of the following is true in this situation? A) Macy has a claim for gender discrimination as it is illegal to ask questions in a job interview that are only asked of one gender. B) Macy does not have a claim for gender discrimination because she was not yet employed by the law firm. C) Macy does not have a claim for gender discrimination because of the bona fide occupational qualification defense available to employers. D) Macy has a claim for gender discrimination only if she in unmarried.
A
Ms. Lee was employed as a secretary at Billion Trucking Company. She was fired from her job when she refused to perjure herself at a court trial where her employer was the defendant. She sued Billion Trucking Company for wrongful discharge. Which of the following is most likely to happen in this scenario? A) Ms. Lee's case will prevail if the state where the lawsuit was filed recognizes a violation of public policy. B) Ms. Lee's case will prevail only if she proves she was telling the truth. C) Ms. Lee will lose the case because the employment-at-will doctrine completely insulates the employer from liability. D) Ms. Lee will lose the case because her testimony provided the basis for a defamation lawsuit by her former employer.
A
Padma works as a sales clerk at Lavy, an upscale cosmetic brand. Hector is also a sales clerk in the same store. They were both hired the same year and have similar experience and qualifications. However, Hector is routinely paid more than Padma. If Padma files a claim under the Equal Pay Act, Padma will lose if Lavy pays: A) based on the sales generated by each employee, and Hector generates more sales than her. B) based on the age of an employee, and Hector is older than her. C) Hector more because he is the only Hispanic male employee. D) Hector more because he is a male employee, and his family members are dependent on him.
A
The most important difference between public and private collective bargaining is that: A) federal legislation and most state statutes do not contain the right of public employees to strike. B) federal employees cannot bargain about the numbers, types, and grades of positions and procedures for performing work or exercising authority. C) federal employees cannot bargain about the alternatives for employees harmed by management decisions. D) federal employees alone are allowed to bargain over wages, hours, and benefits, while private employees cannot.
A
To be enforceable by a court, a non-compete agreement within an employment relationship: A) must be reasonable in scope and duration. B) must not be supported by any additional consideration to the employee. C) should be contrary to public interest. D) should provide benefits only to the employer.
A
To claim a prima facie case for national origin discrimination, an employee needs to prove that: A) his or her employer's employment decision caused an adverse employment action to him or her. B) his or her position was filled by someone who is a member of the same protected class that he or she belongs to. C) his or her employer's employment decision or action was a business necessity. D) his or her employer's job requirements exceed his or her qualifications.
A
Under the Employee Retirement Income Security Act (ERISA), a fiduciary is required to: A) exercise the care and judgment that a prudent person would exercise pursuing similar objectives under the same circumstances. B) file a summary plan description (SPD) with the U.S. Department of Labor (DOL). C) discharge his or her duties solely in the interest of his or her employer rather than in the interest of the participants in the pension and welfare plans. D) invest an employee's contributions toward pension and welfare plans in an undiversified portfolio so as to limit the investment risk of the plans.
A
Under the common-law agency test, the most critical factor in determining employee status is whether a(n): A) employer has the right or ability to control the work. B) worker has more than two years of experience in a particular industry. C) employer is engaged in interstate commerce. D) worker belongs to a protected group of individuals.
A
When an employee alleges sexual harassment based on a hostile work environment, the: A) harassment should be sufficiently severe or pervasive to create an abusive working environment. B) harassee needs to show that the employer was completely unaware of the sexually hostile work environment. C) harassee, if male, needs to show that he belongs to a protected group. D) harassment needs to only exist and need not be severe or extensive in nature to be found to be hostile
A
Which of the following causes an employer to be subject to a claim of negligent hiring? A) Failure to conduct a reasonable and responsible background check on an employee. B) Failure to provide a reference about a former employee. C) Failure to use word-of-mouth recruiting to obtain new employees. D) Failure to correct an employee's mistaken belief about a job or an organization
A
Chuntao, an employee of Chinese origin, works as a sales representative at Arcade Recyclers International. Her supervisor, Jim, persistently refers to her as "Charlene" instead of "Chuntao." Although she objects and asks to be called by her rightful name, Jim continues to call her "Charlene" for over a year and justifies his actions by saying that an American-sounding name would increase her chances of success and would be more acceptable to Arcade's clientele. Chuntao brings a complaint under Title VII of the Civil Rights Act of 1964. Which of the following holds true in this case? A) Arcade Recyclers International will not be liable to Chuntao because the use of "Charlene" is neither a racial epithet nor a description of her physical ethnic traits. B) Arcade Recyclers International will be liable to Chuntao because ethnic characteristics go beyond skin color and other physical traits and can include names. C) Arcade Recyclers International will not be liable to Chuntao because Jim did not intend his use of "Charlene" to be derogatory of her national origin. D) Arcade Recyclers International will be liable to Chuntao because Title VII provides protection against discrimination based on a victim's country of citizenship.
B
David, a Hispanic employee at Bluerock Tire Manufacturing Company, contacted the plant manager to inform him that his supervisor, Bill, treated him in a bad manner simply because he was Hispanic. After Bill learned that David had complained, Bill told other supervisors that David was lazy and irresponsible, and he made jokes about David's accent. Which of the following holds true in this scenario? A) Bluerock Tire Manufacturing Company will not be liable because it is a personal problem between David and Bill. B) David has been a victim of discrimination based on race, and thus he has a valid racial harassment claim against the employer. C) David can file a disparate impact claim against Bluerock Tire Manufacturing Company under 42 U.S.C. section 1983. D) Bluerock Tire Manufacturing Company is not liable because David was not actually harmed.
B
Ethan operates True Confessions, a clothing store that markets its products to lesbians. Kenneth applies for a sales job at the store. He has extensive experience in the field of apparel retailing. However, Ethan rejects Kenneth's application on the basis that the company is looking for qualified individuals who are lesbians to fill the position. Kenneth files a complaint under Title VII of the Civil Rights Act of 1964. Which of the following holds true in this scenario? A) Kenneth may have a claim on the grounds of discrimination based on sexual orientation. B) Kenneth may have a claim on the basis of sex or gender discrimination. C) Kenneth has no claim because Title VII covers only federal employees. D) Kenneth has no claim because homosexuals are a protected category under Title VII.
B
Fliers are handed out at a local shopping mall denigrating an employer. The employer had its security force search all of its employees' lockers to see whether they had any of the fliers. Bernie, one of the employees, is infuriated by his employer's action. In this case, Bernie can file an action against his employer under the Fourth Amendment if his employer is a: A. private company that has a government contract. B. state or local government. C. private company that does not have a privacy waiver. D. nonprofit private organization.
B
In an employment relationship, a non-compete agreement is enforceable: A) when the agreement violates the doctrine of promissory estoppel. B) when the employee receives something in exchange for the agreement. C) when the competitor receives something in exchange for the agreement. D) when the agreement is contrary to the public interest.
B
In the absence of age as a bona fide occupational qualification (BFOQ), the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual _____ years of age or older. A) 35 B) 40 C) 21 D) 70
B
James is a waiter at Dazzy's Deli. He is also studying fashion design at a local college. The other waiters ridicule his chosen field of study, saying that "real men don't use sewing machines." They call him a punk and keep targeting all their jokes at him. They even attempted to pull his shirt off once. This type of verbal and physical abuse takes place on a regular basis and has caused him a lot of duress. In this scenario, James: A) does not have a claim for sexual harassment under Title VII of the Civil Rights Act of 1964 because the harassment was not based on sexual orientation. B) has a claim for same-gender sexual harassment under Title VII of the Civil Rights Act of 1964. C) has a claim for reverse discrimination under Title VII of the Civil Rights Act of 1964. D) does not have a claim for discrimination under Title VII of the Civil Rights Act of 1964 because it involved harassment from the same gender.
B
Jin, an Asian male, is fired after being late for work three times. His employer has a rule that employees may be fired after being late for work twice. However, the rule has only been enforced against Asian workers while employees of other national origins have been retained with only a warning. In this scenario, Jin: A) has a national origin discrimination claim based on disparate impact. B) has a national origin discrimination claim based on disparate treatment. C) has a discrimination claim if he uses the bona fide occupational qualification defense to show that his employer's actions were unlawful. D) does not have a national origin discrimination claim because his employer was only trying to enforce a neutral policy.
B
Louise experiences extensive verbal abuse and teasing at work because she stutters. Louise wants to file a complaint of workplace harassment under the Americans with Disabilities Act (ADA). Which of the following holds true in this case? A) Louise cannot bring a claim of workplace harassment under the ADA because her problem at work is not related to her ability to perform the essential functions of her job. B) Louise can bring a claim for workplace harassment under the ADA if she can show that her speech impediment and stuttering affect a major life activity or if she is regarded as disabled. C) Louise cannot bring a claim of workplace harassment under the ADA because some people have been able to use corrective measures to deal with their stuttering. D) Louise can bring a claim for workplace harassment under the ADA if she can show that her employer failed to create a new job, create a part-time position, or modify the essential functions of the job to accommodate her disability.
B
Rennie is a recent law graduate employed as an associate attorney at RN Associates, a law firm with close to 200 employees. Rennie is paid $98,000 per year. Like most associates, she regularly works 60 or more hours a week. She thinks she should be provided overtime compensation for all of the extra hours of work she puts in per week. Which of the following is most likely to be true in this case? A) Rennie will be eligible for overtime compensation under the Fair Labor Standards Act regulations because she makes less than $100,000. B) Rennie will not be eligible for overtime pay because as a professional, she is exempt from the overtime provisions of the Fair Labor Standards Act. C) Rennie will be eligible for overtime pay under the Fair Labor Standards Act because any firm with more than 150 employees is required to pay all of its employees for overtime. D) Rennie will not be eligible for overtime pay if it can be shown that she pays less than $25,000 toward income tax.
B
Rosalie is an employee of HG Mighty Inc. She uses her office computer to check her personal email. Rosalie opens one of her emails to find a link to a joke with a pornographic picture embedded in the message. Rosalie is called into her supervisor's office and reprimanded for violating the company's policy against accessing pornography. Which of the following statements is most likely to be true in this scenario? A. Rosalie can file an action against HG Mighty for intrusion upon seclusion. B. Rosalie has no cause for action against HG Mighty because she has no reasonable expectation of privacy regarding her personal email when she uses the company's computer. C. Rosalie can maintain an action for violation of the Electronic Communications Privacy Act. D. Rosalie has no cause for action against HG Mighty because she was conducting personal business at work instead of performing the duties of her job.
B
Salim has been an employee of Firewood Heavy Equipment for the past seven months. His wife was recently diagnosed with cancer and needs to undergo surgery. Salim asks his supervisor, Harris, for four to six weeks of leave pursuant to the Family Medical Leave Act of 1993 (FMLA) for his wife's surgery and rehabilitation. Which of the following holds true in this case? A) Harris is not required to grant the leave under the FMLA because the act is limited to employees at the executive level. B) Harris is not required to grant the leave under the FMLA because Salim has worked for Firewood Heavy Equipment for less than 12 months. C) Harris is required to grant the leave under the FMLA because Salim belongs to a protected class. D) Harris is required to grant the leave under the FMLA because the condition of Salim's wife is severe.
B
Sandra was employed as a nutritionist at Horse Power Gym and Spa. At work, she was constantly subjected to her manager's vulgar sexual comments and inappropriate sexual gestures. Unable to bear the harassment, Sandra decided to quit her job instead of going through her employer's sexual harassment complaint process. Which of the following holds true in this scenario? A) Horse Power Gym and Spa has a valid claim against Sandra for constructive discharge. B) If Sandra files a sexual harassment case against Horse Power Gym and Spa, the employer can use the Ellerth and Faragher affirmative defense to avoid strict liability. C) If Sandra files a sexual harassment claim against Horse Power Gym and Spa, she will win the claim regardless of whether her employer was aware of the harassment. D) Sandra has a constructive discharge claim but not a sexual harassment claim against her employer.
B
The Eating Club, a five-star restaurant, advertises for a job in the local newspaper as "Waiters needed. Experience required. Must look good in tuxedo." Ella has had experience working for a five-star restaurant and believes that she will look good in a tuxedo. However, when she applies for the job, she is rejected. Which of the following holds true in this scenario? A) Ella has no basis for a cause of action against The Eating Club as Title VII of the Civil Rights Act does not cover discrimination in recruitment or hiring practices. B) Ella has a cause of action against The Eating Club as the advertisement contains language that indicates a preference based on sex. C) Ella has no basis for a cause of action against The Eating Club because it is a private company. D) Ella has a cause of action against The Eating Club for imposing restrictions that are not job related
B
The National Labor Relations Act protects employees in their right to engage in concerted activities, which: A) excludes the discussion of unionization among employees. B) includes attempts by one employee to solicit union support from another employee. C) excludes attempts by a single employee to unionize when no other employee joins him or her. D) includes acts of vandalism by employees against an employer.
B
The National Labor Relations Board is the independent federal agency that enforces labor laws for _____. A) state and local government employees B) private sector employees C) federal government employees D) congressional employees
B
Title I of the Americans with Disabilities Act of 1990 applies to: A) all employers with 20 or more workers, excluding state and local government employers, employment agencies, and labor unions. B) all employers with 15 or more workers, including state and local government employers, employment agencies, and labor unions. C) Indian tribes and bona fide private membership clubs. D) corporations fully owned by the U.S government and the executive agencies of the U.S government.
B
Title VII (of the Civil Rights Act of 1964) requires employers to accommodate an employee's religious practices and beliefs: A) provided the employee can produce a member of the clergy who will vouch for the religious practices and beliefs. B) to the extent that it does not cause undue hardship. C) to the extent that the religion is recognized by society. D) provided the employee gives an assurance in writing that his or her practices will not affect the policies of the company.
B
An employee claiming that a performance appraisal resulted in disparate treatment must show that he or she: A) was replaced by someone with higher qualifications. B) has been working in the company for more than five years. C) is a member of a protected class. D) is not an at-will employee.
C
Briana was employed as a flight attendant by Tropical Coast Airlines. She was the only black female flight attendant on the airplane she was assigned to. At her job, Briana was frequently subjected to racial slurs, misbehavior, and threats from her co-workers. One co-worker even told their supervisor that the airline's customers would not want to take orders from a black girl in the case of an in-flight emergency. Unable to tolerate the hostile environment, Briana quit her job. Which of the following holds true in this scenario? A) Briana has a cause of action for racial harassment under 42 U.S.C. section 1983. B) Briana does not have a cause of action for racial harassment, as she resigned at her own will. C) Briana has a cause of action for racial harassment under Title VII of the Civil Rights Act of 1964, as there is evidence that she was harassed. D) Briana does not have a cause of action for racial harassment, as the actions of her co-workers were not pervasive or severe.
C
Employer disciplinary systems: A) must be more punishment-oriented than educational. B) need not ensure that there is adequate evidence of whatever charge has been made against an employee. C) must explore whether an employee has received due process. D) need not provide an employee the opportunity to respond to the charges made against him or her.
C
Jason was being asked for sexual favors by his boss, Katrina. She would force him to meet her outside work and would touch him inappropriately. She even promised him a promotion if he agreed to be sexually intimate with her. Jason reluctantly succumbed to Katrina's demands and got a promotion. When he refused to engage in further sexual activity with Katrina, she fired him. Which of the following holds true in this scenario? A) Jason cannot file a claim for sexual harassment because he is a man, and workplace sexual harassment claims are normally made by women. B) Jason cannot file a claim for sexual harassment because he participated by being sexually intimate with her. C) Jason can file a claim for quid pro quo sexual harassment. D) Jason can only file a claim for hostile work environment sexual harassment.
C
Katie is a qualified carpenter who works for Kent Construction Inc. Kent Construction is losing business as most clients do not like the idea of female construction workers working on their project. They often complain that they cannot trust the work of a female employee. On this basis, Kent Construction fires Katie. Which of the following statements is true in this situation? A) Kent Construction is not liable for gender discrimination because of the business necessity defense. B) Kent Construction is not liable for gender discrimination as it can use the bona fide occupational qualification defense. C) Kent Construction is liable for gender discrimination as customer preference is not a legitimate reason to discriminate against employees. D) Kent Construction is liable for gender discrimination because Katie was hired for a job that requires being male as a bona fide occupational qualification.
C
Lina, a lesbian, is employed by Ostrich Construction as a welder. Lina's co-workers do not know that she is a lesbian. However, she is frequently subjected to verbal abuse by her male co-workers who think that welding is a man's job. Lina is called inappropriate names, and she is exposed to nude pictures of women on the walls. When she complains to her supervisor, she is told to ignore such behavior and focus on her work instead. Lina eventually quits her job. Which of the following holds true in this scenario? A) Lina has a discrimination claim under Title VII of the Civil Rights Act of 1964 because she is a lesbian. B) Lina does not have a discrimination claim under Title VII of the Civil Rights Act of 1964 because she voluntarily quit her job. C) Lina has a discrimination claim under Title VII of the Civil Rights Act of 1964 because she was subjected to sexual harassment. D) Lina does not have a discrimination claim under Title VII of the Civil Rights Act of 1964 because of the bona fide occupational qualification defense.
C
Mainland Tools takes all reasonable precautions to guard employees against known hazards in its production facilities. However, Carl, an employee, found many of the precautions too cumbersome to follow. Carl is injured when he circumvents these precautions. Which of the following is most likely to be true in this case? A) Mainland Tools will be liable for the harm because Carl avoided the precautionary measures due to a legitimate reason. B) Mainland Tools will be liable because the Occupational Safety and Health Act states that employers are insurers of employee safety, even in spite of an employee's disregard for safety precautions. C) Mainland Tools will not be liable as the harm was the result of reckless behavior on Carl's part. D) Mainland Tools will not be liable for the harm as the Occupational Safety and Health Act does not apply to private employers.
C
Per the health insurance plan provided as an employee benefit at Reindeer Technologies Inc., male employees and their spouses are covered under the plan. For female employees, however, the insurance covers only them and not their spouses. Which of the following holds true in this scenario? A) The female employees at Reindeer Technologies Inc. do not have a valid discrimination claim as Title VII of the Civil Rights Act of 1964 does not protect employees of private employers. B) The female employees at Reindeer Technologies Inc. do not have a valid discrimination claim under Title VII of the Civil Rights Act of 1964 because their spouses are expected to be covered under an insurance plan at their respective workplaces. C) The female employees at Reindeer Technologies Inc. have a valid discrimination claim as providing different benefits for one gender than for another is unlawful under Title VII of the Civil Rights Act of 1964. D) The female employees at Reindeer Technologies Inc. have a valid
C
Same-gender sexual harassment is: A) excluded from Title VII of the Civil Rights Act of 1964. B) permitted under Title VII of the Civil Rights Act of 1964. C) prohibited under Title VII of the Civil Rights Act of 1964. D) covered under Title VII of the Civil Rights Act of 1964 only if it is based on sexual orientation.
C
Solid Security Systems hires both male and female sales representatives. However, the company mostly promotes male employees to the position of senior sales executive because the job involves a lot of traveling. The management of the company believes that male employees are more suitable than female employees for jobs that require traveling. Which of the following statements is true in this situation? A) Solid Security Systems is not liable for gender discrimination because it can use bona fide occupational qualification as a defense to any claim filed by its female employees. B) Solid Security Systems is not liable for gender discrimination because it employs both men and women. C) Solid Security Systems is liable for gender discrimination because it is unlawful to require one gender to work different hours or job positions for reasons not related to their ability. D) Solid Security Systems is liable for gender discrimination only if female employees are expected to match their level of performance to that of male employees.
C
The Steelworkers Local Union represents the employees at Cochran Tile Corp. The union wishes to negotiate a collective bargaining agreement over wages, hours, and working conditions at Cochran, but Cochran refuses to even speak to officials of the union. Which of the following is most likely to be true in this case? A) Cochran is guilty of an unfair labor practice for refusing to bargain over permissive subjects of bargaining. B) Cochran is not guilty of an unfair labor practice if it can demonstrate that its employees currently enjoy wages, hours, and working conditions substantially similar to what they would have under a collective bargaining agreement. C) Cochran is guilty of an unfair labor practice for refusing to bargain over mandatory subjects of bargaining. D) Cochran is not guilty of an unfair labor practice if it enters into an agreement with the National Labor Relations Board (NLRB) stating that it will provide its employees with the same wages, hours, and working conditions sought by the union but without the union's presence.
C
Title VII's (of the Civil Rights Act of 1964) ban on racial discrimination applies: A) only to black people. B) specifically to black and Hispanic people. C) to all citizens equally. D) to all member countries of the United Nations.
C
To avoid charges of wrongful termination and employment discrimination, the management of Genkee Inc. started introducing new rules and regulations that would create an unfavorable work environment specifically for female employees. Unable to cope with the new rules, many female employees quit. This is an example of: A) a violation of the disparate impact theory B) retaliatory discharge C) constructive discharge D) a violation of a bona fide occupational qualification
C
Under the Americans with Disabilities Act (ADA), _____. A) the request for a reasonable accommodation for a preemployment test automatically disqualifies an applicant from a job. B) an employee with a disability has more rights to his or her job than do nondisabled applicants. C) an employee who does not have a disability but is perceived to be disabled by others is protected against discrimination based on that misperception. D) the definition of disability is limited to only physical disabilities, and it does not cover HIV-positive employees.
C
Which of the following best relates to the employment-at-will doctrine? A) An employer is free to discriminate against employees based on their gender, race, religion, or national origin. B) Highly paid skilled workers in building and construction trades can pass their jobs on to a family member when they retire. C) An employer can terminate an employee for any reason as long as the reason is not prohibited by law. D) A government employee usually loses his or her constitutional rights when on the job.
C
Which of the following categories under Title VII (of the Civil Rights Act of 1964) requires reasonable accommodation? A) Gender B) National origin C) Religion D) Race
C
An accommodation under the Americans with Disabilities Act (ADA) is reasonable if it: A) creates a new job specifically for a disabled employee. B) does not require a disabled employee to follow the employer's other workplace rules and policies. C) modifies the essential functions of a job to accommodate a disabled individual. D) does not cause an undue burden on the employer.
D
Catherine, aged 59, is employed as a makeup artist with a local department store. The company hires a new manager, Ryan. Ryan fires Catherine and gives her job to Katrina, aged 42. Under the Age Discrimination in Employment Act, Catherine: A) does not have a valid claim because Catherine's replacement must be at least 20 years younger than Catherine. B) does not have a valid claim because the person who hired her is not the one who fired her. C) has a valid claim because the employer did not correctly apply the provisions of the Old Workers' Benefit Protection Act. D) has a valid claim even though her replacement is a member of the protected class.
D
Chris, 62, applies for a job at Turnhook Fishing Corp. The company has concerns that applicants over age 40 will not be able to handle the strenuous nature of the job. It implements a requirement that all applicants have 20/20 vision in hopes of weeding out older candidates. Which of the following claims is most likely to be made against Turnhook? A) Reverse discrimination claim B) Quid pro quo claim C) Hostile work environment claim D) Disparate impact claim
D
Employees of the Vibrant Infra Company work long hours during road construction projects to take advantage of good weather and to complete the work on schedule. During one particular week, a few employees worked close to 65 hours each. For such employees, Vibrant Infra Company must: A) pay double time only for the time worked in excess of 60 hours. B) pay a fine as the Fair Labor Standards Act (FLSA) prohibits employees from working over 60 hours per week. C) pay only the minimum wages paid to other employees as federal contractors are exempt from the overtime regulations of the Fair Labor Standards Act of 1938. D) pay time and a half for the time worked in excess of 40 hours.
D
In the context of unwelcome sexual activity, if the activity started out being consensual and one employee calls a halt to it and the other continues: A) it is sexual harassment only if the harassee is a female employee. B) it is sexual harassment as the law strives to totally devoid workplaces of sexuality. C) it cannot be termed sexual harassment as it was once consensual in nature. D) it can become sexual harassment at the time the activity is no longer consensual.
D
Jeremy, a freelance accountant, is hired by Ave Supermarket whenever there is some auditing work at the supermarket's back-end office. Jeremy is called to the office on a need basis and is paid $200 per day for his services. Which of the following is true of this scenario? A) Ave Supermarket will need to withhold a certain percentage of Jeremy's wages for federal income tax purposes. B) Jeremy cannot be held liable for any torts committed by him within the scope of the working relationship. C) Ave Supermarket will be liable to Jeremy if he makes any discrimination or wrongful discharge claims. D) Jeremy cannot claim for medical or retirement benefits from Ave Supermarket as he is an independent contractor.
D
The First Family Painting Company (FFPC) employs two supervisors, seven painters, four helpers, two schedulers, two carpenters, and one office manager. They are all permanent workers of the company who work throughout the year for eight hours each day. The company's owner wants to know whether her employees are covered under Title I of the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In this context, which of the following is true? A) All three laws apply to the employees of the company because the company has at least 15 employees who work throughout the year for eight hours each day. B) The employees are covered only under Age Discrimination in Employment Act. C) Only the painters and carpenters are covered under Title VII of the Civil Rights Act. D) The employees are covered under Title VII of the Civil Rights Act and the Americans with Disabilities Act but not under the Age Discrimination in Employment Act.
D
The Immigration Reform and Control Act (IRCA) prohibits: A) discrimination claims against employers with 4 to 14 employees. B) employers from enacting a preference for U.S. citizens if the job applicants are all equally qualified. C) discrimination in favor of U.S. citizens as against legal aliens under all circumstances. D) employers from hiring those not legally authorized for employment in the United States.
D
The term essential functions of a job, as used in the Americans with Disabilities Act (ADA), best refers to: A) tasks so designated by an employer as ancillary to the achievement of the job's long-term goals. B) tasks so designated by the Equal Employment Opportunity Commission (EEOC). C) those tasks that are required to be performed in case of any emergencies. D) those tasks that are fundamental, and not marginal or unnecessary, to fulfillment of the job's objectives.
D
Which of the following is true of disparate treatment? A) It is a broad term that encompasses terminations in response to an employee exercising rights provided by law. B) It occurs when intentional discrimination among employees is reasonably necessary for an employer's particular business. C) It mandates that employers should provide religious accommodations and accommodations for those with disabilities even if they result in undue hardship for the employer. D) It is a theory of discrimination where the plaintiff employee bringing suit alleges that the employer treated the employee in a way different from other similarly situated employees based on one or more of the prohibited categories.
D
Atheism cannot be considered the equivalent of a religion for the purposes of Title VII (of the Civil Rights Act of 1964). True / False
FALSE
Gender identity means having an affinity for the same gender. True / False
FALSE
John is an openly gay man. He constantly teases his co-worker, Paul, telling him that he should go ahead and "come out of the closet." He has even publicly commented about how sexually attractive Paul is, though Paul has warned him against making such comments. However, Paul does not have a claim for sexual harassment because John is a male. True / False
FALSE
Kevin provides auditing services to the Global Trusted Bank as an independent contractor. Thus, the bank is responsible for paying Kevin's federal unemployment compensation (FUTA), Social Security (FICA), and the FICA excise tax. True / False
FALSE
Marlene, an employee at Coral Holidays Inc., informs her manager that she is pregnant. After a few weeks, Marlene is terminated. Pregnant employees like Marlene have no legal recourse against such adverse employment actions. True / False
FALSE
The Food Cult Restaurant (FCR) employs part-time workers through a staffing firm. After the staffing firm sent over a part-time waitress, FCR asked the firm to replace her with someone from a different race. If the replaced waitress proceeds with a discrimination claim under Title VII of the Civil Rights Act, FCR cannot be liable because the part-time waitress was never its employee. True / False
FALSE
Title VII of the Civil Rights Act of 1964 permits employer actions that discriminate based on race-linked illness. True / False
FALSE
When establishing a prima facie case to proceed with a claim of religious discrimination, an employee need not establish that he has informed an employer of the conflict. True / False
FALSE
An employer will not be held responsible under the Occupational Safety and Health Act (OSHA) for workplace hazards or injuries where the harm is the result of reckless behavior by an employee. True / False
TRUE
Content validation with regard to preemployment tests is based on a careful job analysis that identifies important tasks behaviors and knowledge that a job requires. True / False
TRUE
Hostile work environment sexual harassment requires proof that the harassing conduct was severe and/or pervasive. True / False
TRUE
If a pregnant employee is unable to perform her job because of her pregnancy, the employer should treat her just as any other employee who is temporarily unable to perform job requirements. True / False
TRUE
In a sexual harassment claim, it is a defense to liability if an employer can show that a harassee unreasonably failed to avail himself or herself of a mechanism the employer had in place for preventing or correcting sexual harassment. True / False
TRUE
In comparison to her fellow employees, Serena is subjected to more severe disciplinary action for the same act of misconduct because she is a member of a protected group. Thus, Serena is a victim of disparate treatment discrimination. True / False
TRUE
It is illegal to ask questions in a job interview that are only asked of one gender. True / False
TRUE
No comprehensive federal workplace privacy legislation exists. True / False
TRUE
The Age Discrimination in Employment Act makes it unlawful to publish a job advertisement indicating any preference based on age. True / False
TRUE
The Taft-Hartley Act was enacted as an amendment to the National Labor Relations Act (NLRA) to curb excesses by unions. True / False
TRUE
The term transgender includes those who may not yet have undergone gender reassignment surgery but are living as the opposite gender. True / False
TRUE
Under the economic realities test, courts consider whether a worker is economically dependent on the business or is in the business for himself or herself. True / False
TRUE
A person is considered a transgender: A) only when the person has emotional and sexual attractions toward both sexes at the same time. B) if the person has an affinity for the same gender but does not feel that his or her body and mind are at odds. C) if the person feels that his or her physical gender does not match his or her emotional or psychological gender. D) only if the person has undergone a gender or sexual reassignment surgery.
C
. Under the Americans with Disabilities Act (ADA), an individual is disabled: A) if he or she has a physical or mental impairment that substantially limits one or more of the major life activities of an individual. B) only if he or she has a physical impairment that limits activities such as walking or standing. C) if he or she has an impairment resulting from advanced age or exhibits personality traits such as a quick temper. D) only if he or she has been completely bedridden for three or more years.
A
The Age Discrimination in Employment Act only protects from discrimination those employees who are over _____. A) 40 B) 20 C) 60 D) 70
A
Bob's Painting Service employs three temporary workers without conducting adequate background checks. It so happens that one of the workers, Joe, had been convicted of rape and had just been released from prison. While working for Bob, Joe attacks and rapes the owner of the house that was being painted. Which of the following claims can the victim make against Bob's Painting Service? A) Defamation. B) Negligent hiring. C) Misrepresentation of facts. D) Quackery.
B
Carlos, who is 22 years old, is employed as a security officer at JJ Security Corp., which is a private firm. The manager of JJ Security intends to retain employees who are older as he feels that they are likely to perform better. He fires Carlos and replaces him with Samuel, who is 54 years old. Which of the following statements is most likely to be true in this case? A) Carlos will win an age discrimination suit under the ADEA against JJ Security as it is illegal to fire an employee on the basis of age. B) Carlos cannot file an age discrimination suit against JJ Security as reverse discrimination is not covered under the ADEA. C) Carlos will win an age discrimination suit under the ADEA against JJ Security as he is a member of the protected class. D) Carlos cannot file an age discrimination suit against JJ Security under the ADEA as it is applicable only to federal employees.
B
There is one commonly accepted definition of "employer" used by courts and federal laws. True / False
FALSE
An English-only rule may be used at a workplace if it is needed to promote the safe or efficient operation of the employer's business. True / False
TRUE
An employer does not have to accommodate an employee's religious conflict if doing so would cause an undue hardship, but there must be an attempt at accommodation. True / False
TRUE
