MID TERM EXAM EMPLOYMENT LAW
D
"Contingent" work: a. is usually work that may be delegated if the employer is financially capable of paying for the work b. is essentially, full-time, year-round employment with a single employer that is expected to continue indefinitely c. means that there is an expectation of an ongoing, continuing relationship d. usually contingent upon an immediate need for particular services
True
(T/F): There are more firms with 0-4 employees than any other size firms.
False
. Since the passage of the Civil Rights Act of 1964, employment discrimination has largely disappeared from the workplace. a. True b. False
False
A "medical examination" is any test that requires a doctor. a. True b. False
False
A claim for retaliation can be brought only by the person who was retaliated against. a. True b. False
A
A company has one office with nine employees and a second office with 12 employees. If an employee who works in the first office is harassed and attempts to sue under Title VII, which of the following questions becomes a relevant issue: a. whether this is a single, integrated enterprise b. whether these are joint employers c. whether the multi-employer doctrine applies d. whether the joint payroll method applies
C
A former employee of your firm was dismissed when it was suspected that she had stolen from the petty cash account. It could not be proven, but suspicions were strong enough that the firm decided to let her go. She has now applied at another firm, and listed your firm as a reference. What should you do? a. tell the prospective employer about your suspicions, or you might be held liable if she steals money from them and you didn't tell them b. don't tell them about your suspicions; just give her a glowing reference c. don't tell them about your suspicions; just give a "service" reference d. any of these is an acceptable choice
True
A former employer may be exposed to liability for giving a truthful reference. a. True b. False
False
A valid investigation of a harassment claim by an employer requires at least due process. a. True b. False
B
A worker who chooses her own hours, supplies her own tools and equipment, and works at the employer's site is most likely: a. an employee b. an independent contractor c. a partner d. a student
B
After three weeks in your new position as Assistant Human Resources Director, the HR Director has asked you to take a candidate all the way through the process, from application to interview, to background check. The firm has an opening for an electrical engineer who is proficient with construction blueprints. The engineer will be helping to build the company's new warehouse, which is about to begin construction. Which of the following steps would be necessary to take during the background check? a. do a thorough criminal background check through all 50 states b. check to see that the applicant has a degree in electrical engineering c. check references at all of the applicant's former places of employment, going back to high school d. check the applicant's GPA on courses for electrical engineering
True
An ad for a job opening that asks for "a recent college grad" is illegal. a. True b. False
False
An employer has the right to check references and generally delve into the background of job applicants, and the applicants have no expectation of privacy if they apply for a job. a. True b. False
C
An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work. The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination? a. No, because practice is neutral, and therefore non-discriminatory. b. No, because she was offered alternative positions. c. Yes, because the practice was a form of disparate impact. d. Yes, because the firm did not create a different rule for bathroom breaks for her.
C
As the Human Resources manager of your firm, the task of putting into effect the firm's new mandatory arbitration agreement has fallen to you. At a minimum, legally, which of the following actions are required to make the policy enforceable? a. send email notice to all employees that a mandatory arbitration policy has been adopted b. post the mandatory arbitration policy on the firm's website, and ask employees to visit the site and review the policy c. provide employees with a copy of the agreement, and ask them to sign it d. provide pay for the time required to attend arbitration proceedings
B
Because appearance skews so heavily in favor of attractive people, weight and appearance are protected categories in most jurisdictions. a. True b. False
False
Content validity is demonstrated when people who are doing the job well pass the test required for those who are applying for the job . a. True b. False
A
Determining whether discrimination has occurred during recruitment requires an analysis of: a. the relevant labor market b. the overall labor force c. the national labor force d. the international labor market
B
Even though an applicant is qualified, an interviewer can defeat a claim of disparate treatment if he declines to hire based on his subjective judgment. a. True b. False
A
For a disparate treatment case involving pretext, which is the correct order of proof? a. plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent b. plaintiff's evidence supporting discriminatory intent, defendant's lawful motive, plaintiff's prima facie case c. plaintiff's primary evidence, defendant's primary evidence, plaintiff's rebuttal showing discriminatory motive
C
For purposes of determining discrimination in recruitment, the "relevant labor market" is defined as: a. the protected class composition of the employer's applicant pool b. the population as a whole c. the protected class composition of people qualified for the job, and living geographically close enough to be likely candidates d. the protected class composition of the geographic area
C
For union employers, drug testing is: a. prohibited b. permitted only under certain conditions c. a subject of mandatory bargaining
A
If Pedro works for the City of Trenton, he is in: a. the public sector b. the private sector c. a union workplace d. a non-union workplace
B
If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule: a. that because he quit, no tangible employment action can be proven b. that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut c. that a hostile environment is presumed, but that the employee waived the right to sue when he left
False
In a disparate impact case, the focus is on the employer's intention. a. True b. False
A
In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that: a. there is an alternative practice that would have less discriminatory effects, but the employer declines to use it b. the employer has engaged in a pattern or practice of discrimination c. the difference in selection rates across protected class groups is statistically significant d. the four-fifth's rule has been violated
A
In disparate treatment cases: a. the focus is on proving the employer's discriminatory intent b. the focus is on showing the discriminatory effects of the employer's actions c. the focus is on showing that unfair treatment occurred d. the focus is on showing that the employer holds racist or sexist views
A
Under the Fair Credit Reporting Act, employers must do which of the following? a. notify an applicant that the employer plans to reject her based on information from a credit report b. obtain the consent of an applicant before conducting any background check c. verify that the information in a credit report reasonably appears to be accurate
B
In order to prevent discrimination against applicants of protected classes, your colleague decides to note the protected class characteristic of the applicants on their applications. What would be your advice to her? a. It's a good idea. Noting the protected class characteristic of the applicant on the application which make sure that the firm takes extra care not to discriminate against these applicants. b. It's NOT a good idea. Noting the protected class characteristic of the applicant on the application could be construed as discriminatory. c. As long as you do it in pencil, then erase it after you've made your hiring decision, you'll be okay.
A
In the case of "equal opportunity harassers" who harass both men and women, the courts tend to rule: a. for the harasser, because the harassment is not because of sex b. for the harasser, because harassment is not proven in that circumstance c. for the victim of the harassment, because the harassment is because of sex d. for the victim of the harassment, because harassment is proven generally
False
Unless there is direct evidence of a discriminatory hiring practice, the employer cannot be proven to have discriminated. a. True b. False
D
It is a violation of anti-discrimination laws to place a want ad indicating a preference based on: a. high school graduation b. GPA c. languages spoken d. national origin
False
It's easy to determine whether a worker is an employee. a. True b. False
False
Not just sexual harassment, but all forms of harassment are prohibited by Title VII. a. True b. False
D
Of these outcomes, which is LEAST likely for a positive drug test? a. a confirmatory test b. a chance for the employee to explain the results c. an offer to participate in a substance abuse program, if appropriate d. immediate termination from employment
B
Persons performing volunteer work are more likely to be deemed employees if: a. their services are provided to non-profit agencies b. they receive significant remuneration for their services c. they retain control over their volunteer work schedule d. a volunteer is never an employee, given the meaning of the term "volunteer"
D
Regarding employees, actions within the scope of employment do NOT include those which: a. relate to work the worker was hired to perform b. occur on company time at the usual place of work c. occur during work hours d. serve only the interests of the employer
C
Regarding employment law in the U.S., which of the following statements is true? a. Most federal employment laws were passed in the first half of the 19th century in response to growing industrialization b. The earliest employment laws focused on wages and hours c. Employees may be fired at any time for any reason not prohibited by law d. Employees enjoy the right to stay on the job as long as they are doing a good job
C
Promissory estoppel claims: a. arise when employment contracts are breached b. require evidence of intent to deceive c. require reasonable reliance on a clear promise d. arise whenever a promise is made
A
Regarding arbitration, which of the following statements is true? a. historically, arbitration has been used to enforce employee rights under collective bargaining agreements of unionized employees b. arbitrators' decisions are usually advisory and not considered final c. arbitrators have less control over the outcomes of disputes than do mediators. d. arbitration is always more costly and time-consuming than litigation
C
Regarding promotions, which of the following would NOT constitute good information and advice for managers? a. assessing who is eligible for a promotion may begin with the jobs to which people are assigned when they are hired b. training and development programs should be developed, and made available to all c. since not all are qualified to be promoted, it is not advisable to post or announce possible promotion opportunities; rather one should advise only the people who may be qualified d. one should consider applications for promotion from all who are interested, even if they do not appear to qualify.
C
Regarding the interrelationship of federal and state employment laws: a. state laws must be identical to federal law or the state law is void b. states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws d. employment law is exclusively a federal domain, so states may not enact laws when federal law already exists
C
Sam and Sarah, husband and wife, both worked for an aluminum siding firm, doing similar work in production. Their co-worker, Ahmed, who was a Muslim, was systematically harassed by their supervisor, who called him a terrorist, denied him the right to pray, and generally made his life at work very difficult. Sarah spoke up on his behalf, and the supervisor demoted Sam, her husband. Which of the following statements is most correct? a. Ahmed has a cause of action against the employer for retaliation, but Sam does not b. Sarah has a cause of action against the employer for retaliation, but Sam does not c. Sam has a cause of action against the employer for retaliation d. There are no causes of action arising from this set of facts
C.
Sources of employment law include all of the following EXCEPT: a. federal law b. state law c. ads for job openings d. constitutions
B
The Drug Free Workplace Act requires that: a. employees must be drug tested at the time of hire and whenever there is reasonable suspicion of drug use in the workplace b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace c. employers must terminate all employees who are found more than once to be using drugs in the workplace d. employees must be drug tested and fired if they test positive
A
The machinery in a plant is old and was designed for use by an "average-sized male." Citing safety concerns, the company hires only average-sized males for jobs working in the plant. If a female applicant for a job at the plant is not hired and sues, a court would most likely rule that: a. the employer violated Title VII by facially discriminating based on sex b. the employer violated Title VII by not attempting to accommodate women so that they could work in the plant c. the employer violated Title VII because the selection criterion of size has an adverse impact on women and is not job related and consistent with business necessity d. the employer did not violate Title VII because the employer could establish a BFOQ based on its safety concerns e. the employer did not violate Title VII because any adverse impact its hiring criterion created was justified as job related and consistent with business necessity
D
The primary difference between harassment that results in tangible employment action and harassment that creates a hostile working environment is: a. the level of proof required in the prima facie case for harassment that results in tangible employment action b. the availability of a rebuttal to the plaintiff if the employer proves a reason for the hostile environment c. the criteria for proving harassment that results in a tangible employment action is less stringent d. the criteria for finding employers liable differs depending on the outcome of the harassment
False
The structure of employment has remained relatively stable since the early 1900s. a. True b. False
C
Three employees working for the same company were found to have stolen company cargo. Two of the employees were white, and one was black. The two white employees were fired, but not the black employee. If the white employees sue, the court will most likely decide: a. for the employer, because the employees were guilty of theft b. for the employer, because the employees were employees at will c. for the employee, because the employer treated him differently based on his race d. for the employee, because his employer was within its discretion to fire some, but not all employees guilty of theft
C
To determine if a scored test is having discriminatory effects: a. see if the number of women and persons of color hired is at least four-fifth's of the number of white males hired b. see if the proportion of women and persons of color hired is roughly equal to the proportion of women and persons of color in the relevant labor market c. compare the pass rates for different protected class groups and see if the pass rate for any group is less than four-fifths of the pass rate for the most successful group d. compare the number of persons from different protected class groups that pass the test and see if the number of persons passing for any group is less than four-fifth's of the number for the most successful group
A
Trends in jobs and hiring criteria raise new legal questions because: a. increased emphasis on "soft skills" that are assessed subjectively limits employment opportunities for people of color b. increased emphasis on flexible job descriptions and teamwork limits employment opportunities for older workers c. increased emphasis on organization-fit limits employment opportunities for disabled persons d. increased emphasis on hiring those with international experience limit applicant pools
D
Under the "payroll method" approved by the U.S. Supreme Court: a. employers whose payrolls exceed $500,000 annually are covered by Title VII b. employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination c. employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year d. employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.
B
When a female supervisor demands sexual favors from a male employee so that he can keep his job or get a raise, it is called this: a. same sex harassment b. quid pro quo harassment c. severe or pervasive harassment d. cruel and unusual harassment
C
Which of the following inclusions in a want ad would be least likely to be considered discriminatory: a. young persons wanted b. recent college graduates wanted c. servers/waitstaff wanted d. recent high school graduates wanted
D
Which of the following is FALSE regarding grooming and appearance standards for employees? a. applying different standards to men and women may result in sex-plus discrimination b. standards that are sex-stereotypical in nature are likely to be discriminatory c. dress requirements that result in harassment are likely to be discriminatory d. applying different standards to men and women will result in sex-plus discrimination
A
Which of the following is NOT a medical exam? a. a physical fitness test b. an HIV test c. a test to check for the use of alcohol d. a vision test analyzed by an ophthalmologist or optometrist
A
Which of the following is a defense to a defamation claim against an employer? a. the employee gave his consent to make the statement b. the statement was made by the director of the Human Resources Department c. the statement was mostly true d. the employee is known to lie
D
Which of the following is a neutral requirement that is likely to result in adverse impact? a. race b. language requirement c. physical strength test d. language requirement and physical strength test
D
Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case? a. proof that the employer intended to discriminate b. proof that the employer's stated motive is not credible c. statistical evidence of discriminatory effects d. proof that the employer's stated reason for its action is false or incredible
D
Which of the following is an accurate statement regarding independent contractor agreements? a. they will usually be treated as indicators of independent contractor status, provided that they are signed and notarized b. they are useless as indicators of independent contractor status c. they can be renewed automatically and as often as necessary d. they can support a claim to independent contractor status, but the actual relationship is the most important factor
C
Which of the following is true of the enforcement process for discrimination charges brought under Title VII? a. the plaintiff may choose to begin in the state civil rights agency, or may file directly with the EEOC as they wish b. charges must be brought within 60 days of the alleged discriminatory act c. a right to sue letter must be obtained from the EEOC before a plaintiff can file suit in court d. the plaintiff will have 60 days to file her lawsuit
C
Which of the following is true regarding criminal background checks? a. an employer is required to do a criminal background check for all applicants; otherwise, it may be deemed guilty of discrimination if it does background checks for some types of jobs but not for others b. a thorough criminal background check is required only when the applicant will be working with money c. employers should consider the seriousness, recency, and job-relatedness of convictions before denying employment on that basis d. If an employer does a criminal background check, the employer must check all state and federal databases
C
Which of the following is true regarding enforcement of employee rights and enforcement of employment laws? a. finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them b. if an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an enforcement agency or court c. the EEOC encourages the parties to discrimination cases to use mediation d. the EEOC encourages the parties to discrimination cases to use arbitration
A
Which of the following is true regarding the role of conduct outside of the workplace in harassment cases? a. employers can be held liable based on harassing conduct that occurs outside of the workplace b. the sexual activities of persons who allege harassment will be examined in order to determine whether the treatment received was unwelcome c. the marital statuses of the plaintiff and the alleged harasser will be taken into account in determining whether harassment occurred d. all of these
B
Which of the following is true? Title VII of the Civil Rights Act: a. protects employees against discrimination based on race, sex, national origin, and disability b. applies to employers that have 15 or more employees c. protects employees against discrimination based on sexual orientation d. protects employees against discrimination based on height, weight and physical appearance
D
Which of the following kinds of advertising is legally prohibited? a. advertising a job opening in a foreign language newspaper b. advertising a job opening inviting women and minorities to apply c. advertising a job opening in a church bulletin d. advertising a job opening for Swedish people only
D
Which of the following statements is NOT true? a. Employers may contact an applicant's previous employers b. Employers may conduct a thorough and comprehensive background check of every applicant c. Employers may obtain an applicant's consumer credit report d. Employers may perform a criminal background check searching for arrests
D
You are a salesperson for a pharmaceutical company, a job it was difficult to get. After you'd been there a while, there was another opening, and you recommended your friend, Paul. He was hired, and the two of you have enjoyed working together ever since. Recently, the secretary for the sales team has confided in you that Paul has been acting inappropriately, and most recently, cornered her in the supply room, and pushed her up against the wall with his body, and caressed her with his hands. She does not know that you recommended Paul to the firm. Of the following choices, what should you do? a. tell her not to worry, that it will pass, because Paul is not normally like this b. tell her not to worry, that you'll talk to Paul, and tell him to stop it c. tell her to report Paul to Human Resources, and you'll tell them you saw it d. talk to Paul, and tell him that if he doesn't stop it immediately, and apologize, you will report him to Human Resources
B
You are in the process of revising your pre-employment tests, as your current test is out of date, and may have discriminatory effects. A new company offering a pre-employment test has given you a sample of their test, which they tell you has had great success in screening to acquire only honest employees. Applicants are to agree or disagree with several statements, including this one: "I believe God wants us to conduct ourselves with honesty in all things, including at work." Which of the following statements is most correct? a. The test will have no discriminatory effect, and will successfully screen for honest employees b. The test may have a discriminatory effect, and should not be used c. You should wait to see how the test performs for other companies, so that you can decide whether or not to adopt it
C
You are the HR Manager of your firm, and you pride yourself on being up to date with legal requirements, and on the cutting edge of your field. You've just gotten a mailer about a new test kit which would perform genetic testing by pricking a finger, dripping the blood sample onto a tab, and mailing it in to a lab. You think how this could be applied to your employees and applicants, and what you might be able to save on health insurance costs. What should you do? a. Order a gross of the genetic testing kits as soon as possible. b. Call the company attorney to ask how you could test the entire staff without their knowledge c. Throw the mailer in the trash; it's use in this context would be illegal
D
You started your own business 2 years ago, and needed several part-time workers, but did not want and could not afford to pay them a minimum wage, or payroll taxes, so you classified them as independent contractors. At the time, a decent argument could be made that they were independent contractors, as there had been no rulings on your particular arrangement. Recently, for a business very similar to yours, the Department of Labor ruled that the workers of the business were employees, and not independent contractors. What should you do? a. nothing, unless the Department of Labor challenges your arrangement b. nothing, unless one of the workers complains c. have all of the workers sign independent contractor agreements immediately d. begin to treat them as employees, including paying a minimum wage, and withholding income taxes
A
Your firm has been repeatedly accused of discrimination, and your boss, knowing that you just graduated from college with a degree in Management, and a certificate in Human Resources Management, has asked you to review the company's practices and procedures with regard to hiring and promotion, and eliminate those that could lead to discrimination. Which of the following practices would NOT be likely lead to discrimination? a. evaluating candidates based upon technical skills (70%) and interviews (30%) b. having the interviewers meet as a group to "coordinate" their interview scores c. weighting the answers to some questions over others d. all of these actions would likely lead to discrimination