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Q:
Arnold is the chief executive officer of Beta Corporation. Arnold's reÂsponsibilities include decisions on product development, marketing, and other significant business directions. Arnold is subject to the approval and oversight of Beta's board of directors. Carol is a Beta manager whose duties include the firm's day-to-day hiring, firing, purchasing, and sellÂing. Dave is a Beta salesperson, whose daily activities are conÂtrolled by Carol. Erin writes technical manuals for Beta products acÂcording to Arnold's instructions and subject to Beta's control, but has no dealings with Beta customÂers or supÂpliers. Fred edits the manuals on a contract-per-manual basis and is not otherwise subject to Beta's control. Who is a principal? Who is an agent? Who is an employee? Who is an independent contractor?
Q:
The ________ is an amendment to Title VII of the Civil Rights Act of 1964 that forbids employment discrimination because of pregnancy, childbirth, or related medical conditions.
Q:
Maia hires Nero, a real estate broker, to sell her warehouse. The wareÂhouse burns down beÂfore being sold. Nero is
a. Maia's agent until Maia's insurer pays Nero's commission.
b. Maia's agent until the burnt warehouse is sold.
c. Maia's agent until the warehouse is rebuilt and sold.
d. no longer Maia's agent.
Q:
Federal workers are not covered under the Equal Pay Act.
Q:
Omar hires Petra, a real estate broker, to act as his agent to sell his land for $150,000. Oil is discovered beneath the land, causing its market value to inÂcrease considerably. The agency agreement is likely
a. still in force if Omar gives Petra additional consideration.
b. still in force if Petra does not tell prospective customers.
c. terminated by mutual consent of the parties.
d. terminated by operation of law.
Q:
Under Title VII of the Civil Rights Act of 1964, the right of an employee to practice his or her religion is absolute.
Q:
Chelsea, an agent for Bountiful Seafood, Inc., has often done business with Alvin's Dockside Diner on Bountiful's behalf. When Chelsea and Bountiful terminate their agency, to avoid liability for later deals, Alvin's must be noÂtified by
a. Chelsea and Bountiful.
b. Chelsea only.
c. Bountiful only.
d. no one.
Q:
Picabo drives a truck as an employee for Quik Delivery, Inc. Picabo would most likely be considered acting outside the scope of her employment if she
a. crashed into a car at the airport while off duty.
b. hit a pedestrian in a parking lot during a "working" lunch.
c. ran over an attendant at a gas station while refueling the truck.
d. smashed into a store-front while intoxicated on-duty.
Q:
If an employer denies a salary increase to an employee because she is a woman, the employer is liable for sexual harassment.
Q:
Denying employment to a woman because she is pregnant is a form of quid pro quo sex discrimination.
Q:
Fabulous Auto Sales, Inc., employs GR8 Collection Company as a collection agent. While repossessing a car from Hadji, one of Fabulous's customers, GR8 causes an accident in which Hadji is injured. Hadji can recover from
a. Fabulous only.
b. Fabulous or GR8.
c. GR8 only.
d. Hadji's insurance company only.
Q:
Discrimination because of pregnancy, childbirth, or related medical conditions violates the Civil Rights Act of 1866.
Q:
BizOnline.com uses an electronic agent, or e-agent, to perform certain tasks in e-commerce. With respect to the e-agent's actions, BizOnline.com is bound by
a. all of the actions.
b. only those actions of which BizOnline.com is aware.
c. only those actions that BizOnline.com does not refute.
d. only those actions that BizOnine.com ratifies.
Q:
Sex-plus discrimination occurs when an employer does not discriminate against a class as a whole but treats a subset of the class differently.
Q:
Jock hires Kym to act as his agent to purchase Lifetime Gym & Fitness, Inc. Jock tells Kym to reveal that she is buying the firm on behalf of a third party and to tell the seller who that third party is. Jock is
a. a disclosed principal.
b. an apparent principal.
c. an undisclosed principal.
d. an identified principal.
Q:
Elin, an agent for First Credit Corporation (FC), enters into an unauÂthorized contract with Great Expectations, Inc. (GE), purportedly on FC's behalf. This contract will be enforceable if it is ratified by
a. any third party.
b. Elin.
c. FC.
d. GE.
Q:
If an employer refuses to promote a qualified female to a management position because of her gender, this would be in violation of Title VII of the Civil Rights Act of 1964.
Q:
An employer pays higher wages to Shelly–who has worked with the company for six years–than Samuel, who holds a similar position to Shelly and performs the same functions as her, and has worked with the company for only five and a half years. Which of the following is true of this case, assuming that the employer recognizes seniority in its compensation system?
A) The employer has violated the Fair Employment Practices Act.
B) The employer is liable for disparate-treatment discrimination.
C) The employer is liable for disparate-impact discrimination.
D) The employer has not violated the Equal Pay Act.
Q:
Meals n" More, Inc., a catering company, requires its customers to pay by check. Lyra, a Meals n" More driver, tells customers that they can pay her with cash. When Meals n" More learns of Lyra's collections, it takes no action to stop it. Lyra steals some of the cash. Meals n" More may suffer the loss under the docÂtrine of
a. apparent authority.
b. express authority.
c. implied authority.
d. no authority.
Q:
Geoff serves in a representative capacity for Huck. To accomplish the objectives of this relationship, Geoff's authority can be implied
a. by contradiction.
b. by custom.
c. by lack of reason.
d. under no circumstances.
Q:
Which of the following is true of the Equal Pay Act?
A) It protects both sexes from pay discrimination based on gender.
B) Federal workers are covered under the Equal Pay Act.
C) Employees cannot bring a private cause of action against an employer for violating the Equal Pay Act.
D) An employer who has violated the Equal Pay Act must lower the wages of employees whose wages had been increased.
Q:
Based on Bluto's conduct, Cass reasonably believes that Dee has the authority to act on Bluto's behalf even though Dee does not have the actual authority to do so. Bluto has
a. apparent authority.
b. equal authority.
c. express authority.
d. implied authority.
Q:
________ protects both sexes from pay discrimination based on sex.
A) The Lilly Ledbetter Fair Pay Act
B) The Fair Employment Practices Act
C) Title VII of the Civil Rights Act of 1964
D) The Equal Pay Act
Q:
Why is proving a bona fide occupational qualification essential?
A) for justifying discrimination based on gender
B) to establish the employer's violation of Title VII of the Civil Rights Act of 1964
C) to establish that the employee's claim is fraudulent
D) for an employee to successfully claim being discriminated against by the employer
Q:
Cory employs Daily Delivery Agency as an agent under a writÂten agreement that describes the rights and duties of both parties. This is
a. apparent authority.
b. equal authority.
c. express authority.
d. implied authority.
Q:
Which of the following is true of religious discrimination?
A) Only monotheistic religions are covered under Title VII of the Civil Rights Act of 1964.
B) Employers need not accommodate religious observances or practices of their employees at the workplace.
C) An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII.
D) Religious organizations can give preference in employment to individuals of a particular religion.
Q:
Homer is an officer of Integrity Corporation. With respect to binding Integrity to contracts, Homer's authority
a. may be actual or apparent.
b. must be actual and apparent.
c. must be actual and not apparent.
d. cannot be actual or apparent.
Q:
Jason Smith, a Hispanic scriptwriter from Brazil, worked for a television show on an American cable network. He was fired after the producer learned that Smith was a Scientologist by faith. The producer's official reason for this termination was that as Smith was based in Brazil, communication was a problem. This is an example of ________ discrimination that violates Title VII of the Civil Rights Act of 1964.
A) racial
B) religious
C) national origin
D) disparate-impact
Q:
Neighborly Insurance Company and Ollie put their agency agreement into a written document that describes the rights and duties of both parties. Ollie, as the agent, has
a. apparent authority.
b. equal authority.
c. express authority.
d. implied authority.
Q:
Which of the following is true of sexual harassment?
A) Same-sex harassment is not covered under Title VII.
B) An employee being harassed at the workplace is not obligated to report it to the employer.
C) Sending offensive e-mail is considered sexual harassment.
D) Absence of a complaint policy makes an employer liable for disparate-impact discrimination.
Q:
National Computer Corporation (NCC) employs Cynthia as an agent. NCC gives her an exclusive territory in which to sell NCC products. NCC cannot compete with her in that territory under the duty of
a. compensation.
b. cooperation.
c. indemnification.
d. reimbursement.
Q:
Glen is an agent for Hi-Flite, Inc. On Hi-Flite's behalf and at its request, Glen pays Ian for certain plane maintenance and repair servÂices. Glen's right to obtain the amount of those payments from Hi-Flite arises under the principal's duty of
a. avoidance.
b. cooperation.
c. indemnification.
d. reimbursement.
Q:
Which of the following elements constitutes an affirmative defense by an employer whose employee has suffered sexual harassment at the workplace?
A) The plaintiff-employee was harassed by other employees who are no longer employed by the employer.
B) The employer had no knowledge about the sexual harassment faced by the plaintiff-employee until a court notice was served on the employer.
C) The plaintiff-employee failed to take advantage of any preventive or corrective opportunities provided by the employer.
D) The plaintiff-employee misinterpreted words or actions by the employer or his employees which were not intended to cause sexual harassment.
Q:
The U.S. Supreme Court has held that sexual harassment that creates a hostile work environment violates ________.
A) Title VII of the Civil Rights Act of 1964
B) the Fair Employment Practices Act
C) Title II of the GINA
D) Title I of the ADA
Q:
Rangler contracts with Siena to buy a certain horse for her. Rangler makes a deal with Timberline Stables, the owner of the horse, and makes a down payment. Siena fails to pay the rest of the price. Timberline sues Rangler for breach of contract. His right to hold Siena liable for any damages that he has to pay is the right of
a. avoidance.
b. cooperation.
c. indemnification.
d. reimbursement.
Q:
Mona is an agent for Nationwide Restaurant Corporation (NRC). In actÂing as an agent, Mona follows all of NRC's clearly stated instructions. This responsibility arises under
a. no agent's duty.
b. the agent's duty of loyalty.
c. the agent's duty of notification.
d. the agent's duty of obedience.
Q:
Using a sexually explicit picture or screensaver to mock an employee constitutes ________.
A) gender discrimination
B) quid pro quo sex discrimination
C) sexual harassment
D) physical abuse
Q:
Home Development Company employs llya to buy property for a future residential development. Ilya secretly buys some of the property and sells it to Home Development at a profit. Ilya has breached
a. no duty.
b. the duty of accounting.
c. the duty of loyalty.
d. the duty of notification.
Q:
Lila Miller, who works for a large software firm, is four months pregnant and is due for a promotion. However, her employer offers the promotion to Harry Oswald, a less-experienced candidate, as Lila would go on maternity leave soon and would be unable to perform her duties. Which of the following is true of this scenario?
A) Lila's employer is liable for quid pro quo sex discrimination.
B) Lila's employer is liable for hostile work environment sex discrimination.
C) Lila's employer was lawful in denying her the promotion.
D) Lila's employer has violated Title VII of the Civil Rights Act of
Q:
In 1978, the ________, which prohibits employment discrimination because of pregnancy, childbirth, or related medical conditions, was enacted as an amendment to Title VII of the Civil Rights Act of 1964.
A) Pregnancy Discrimination Act
B) Sex Discrimination Act
C) Gender Discrimination Act
D) Sexual Harassment Act
Q:
Prospective Enterprises (PE) employs Quinn to buy property for a possible comÂmercial development. Quinn secretly buys some of the property and sells it to PE at a profit. Quinn has breached
a. no duty.
b. the duty of accounting.
c. the duty of loyalty.
d. the duty of notification.
Q:
Which of the following best describes quid pro quo sex discrimination?
A) employment discrimination because of pregnancy, childbirth, or related medical conditions
B) discrimination where sexual favors are requested in order to obtain a job or be promoted
C) discrimination in hiring or promotion based on the gender of the employee under consideration
D) selective or partial treatment offered to an employee or a group of employees based on their gender
Q:
Elle is an agent for Fine Cosmetics, Inc. Elle owes Fine Cosmetics the duty of
a. avoidance.
b. compensation.
c. indemnification.
d. performance.
Q:
Which of the following is true of sex discrimination?
A) It is not the same as gender discrimination.
B) Prohibition against sex discrimination applies only to women, not men.
C) Employment discrimination because of pregnancy is sex discrimination.
D) Sex discrimination is covered by Title II of the GINA.
Q:
Rita is appointed as an agent for Superior Sales, Inc. The agency agreeÂment is silent as to the level of sales that Rita is expected to achieve. She must
a. achieve nothing because the agreement says nothing on the issue.
b. attain the level that Rita achieved with her previous employer.
c. maintain the level Superior attained before Rita became an agent.
d. use reasonable diligence and skill in selling.
Q:
Dizzy is not Edwina's agent but enters into a contract with Frida on Edwina's behalf. Edwina later contacts Frida to approve the contract. This is
a. an agency by agreement.
b. an agency by estoppel.
c. an agency by ratification.
d. not the creation of an agency relationship.
Q:
The ________ is a federal statute enacted after the Civil War that prohibits racial and national origin employment discrimination.
Q:
Jill introduces Kelly to her friends as "my associate." Kelly purports to act as Jill's agent in several business transactions with those friends. If Jill is liable for Kelly's actions, it will be under
a. the doctrine of estoppel.
b. the equal dignity rule.
c. the fiduciary principle.
d. the good faith statute.
Q:
The Civil Rights Act of 1866 is unconcerned with discrimination based on national origin.
Q:
Louis, a certified public accountant and an investor, and Maria, an inÂsurance salesperson and a realtor, may create an agency relationship for
a. a business purpose only.
b. a legal purpose only.
c. any purpose.
d. no purpose.
Q:
There is no cap on the recovery of compensatory or punitive damages under Section 1981 of the Civil Rights Act of 1866.
Q:
A private plaintiff can bring an action for employment discrimination under Section 1981 of the Civil Rights Act of 1866 without going through the procedural requirements of Title VII of the Civil Rights Act of 1964.
Q:
Eppie hires Franz to do some remodeling work in her office.
While working, Franz drops a tool on Gibby, Eppie's customer, causing an injury. Eppie is
a. liable to Gibby because he was injured on Eppie's property.
b. liable to Gibby unless Franz's act is intentional.
c. not liable because Franz is an independent contractor.
d. not liable to Gibby because Franz is Eppie's employee.
Q:
If a light-skinned member of a race refuses to hire a dark-skinned member of the same race, this constitutes racial discrimination.
Q:
Eppie hires Franz to do some remodeling work in her office.
The relationship beÂtween Eppie and Franz is
a. client and independent contractor.
b. employer and employee.
c. master and servant.
d. principal and agent.
Q:
A person having origins in any of the original peoples of the Middle East belongs to the Caucasian racial group.
Q:
Ester is a lighting technician who hires out on a per-project basis to film and television production companies, as well as theatres and other venues that stage dramatic and musical performances. In this capacity, Ester is
a. an agent.
b. an employee.
c. an independent contractor.
d. a principal.
Q:
Carol agrees with Dede and other performers to sign contracts with promoters and others on the perÂformers' behalf. Carol is
a. an agent.
b. an employee.
c. an employer.
d. a principal.
Q:
If a light-skinned member of a race refuses to hire a dark-skinned member of the same race, this will constitute discrimination in violation of ________.
A) Title I of the ADA
B) Title II of the GINA
C) Title VII of the Civil Rights Act of 1964
D) Title IV of the GINA
Q:
If a company does not hire certain employees because of their accents, it has carried out ________ discrimination.
A) genetic information
B) race
C) color
D) national origin
Q:
Diego is a truck driver for Entertainment Supplies Company (ESC). Diego does exactly what ESC tells him. Diego is
a. an employee.
b. an employer.
c. an independent contractor.
d. a principal.
Q:
An agency relationship may be terminated by an act of the parties but not by operation of law.
Q:
Which of the following types of employment discrimination is carried out against a person because of his or her heritage or cultural characteristics?
A) race discrimination
B) color discrimination
C) national origin discrimination
D) genetic information discrimination
Q:
QuickMoney LLC is looking to fill its chief executive officer position, as the current CEO is retiring soon. QuickMoney receives applications for this position from many persons, including Joe Thomas, an African-American. Joe is the best-qualified applicant for the job. If QuickMoney does not hire Joe because he is an African-American, the company has engaged in ________ discrimination.
A) genetic information
B) race
C) color
D) national origin
Q:
When an agency relationship is terminated, the principal has a duty to personally notify third parties who knew of its existence.
Q:
Distinguish between disparate-treatment and disparate-impact discrimination.
Q:
A party to an agency may have the right to terminate the relationship but not the power.
Q:
Explain the scope and provisions of Title VII of the Civil Rights Act of 1964.
Q:
An agency coupled with an interest is an agency created for the agent's benefit.
Q:
Based on his religion, an employee feels discriminated against by his employer. Who must he approach before filing a lawsuit against the employer? Describe the process.
Q:
A principal may be liable for the tort of an agent committed within the scope of the agency or employment.
Q:
________ is the federal statute that prohibits job discrimination based on the race, color, religion, sex, or national origin of the job applicant.
Q:
A principal is exposed to tort liability whenever a third person sustains a loss due to an agent's misrepresentation.
Q:
________ discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.
Q:
________ discrimination occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion.
Q:
A principal who authorizes an agent to commit a tort is not liable to persons or property injured thereby.
Q:
A(n) ________ letter is issued by the EEOC if it chooses not to bring an action against an employer that authorizes a complainant to sue the employer for employment discrimination.
Q:
A principal whose identity is known by a third party with whom an agent contracts on the principal's behalf is a disclosed principal.
Q:
Ratification occurs when a principal accepts responsibility for an agent's unauthorized act.
Q:
The ________ Act of 2009 is a federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation.