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Q:
Which of the following is true of the Pregnancy Discrimination Act (PDA)?
A. It requires that pregnant employees be treated the same as all other employees with temporary disabilities.
B. It compels an employee to reveal her pregnancy to a potential employer at the interview.
C. It requires employees to quit their job during pregnancy.
D. It states that employees cannot be promoted during pregnancy.
Q:
In the context of employment discrimination, which of the following is a difference between disparate treatment and disparate impact?
A. Disparate impact claims require victims to produce evidence, whereas disparate treatment claims do not.
B. Disparate impact is covered under Title VII of the Civil Rights Act, whereas disparate treatment is not.
C. Disparate treatment can be corrected through affirmative action, whereas disparate impact cannot.
D. Disparate treatment requires proof of intent, whereas disparate impact does not.
Q:
Milly accepts a job of sanding and polishing boats at a large marina. She is constantly subjected to sexual comments and jokes from her male coworkers. Which of the following statements is true about Millys legal rights in this scenario?
A. She cannot seek damages from the employer as the responsible party.
B. She is a victim of quid pro quo sexual harassment.
C. She has a hostile environment sexual harassment claim.
D. She cannot make any claims unless she was physically harassed.
Q:
_____ offers a foreign law defense under which an employer would not be required to comply with Title VII of the Civil Rights Act of 1964 if to do so would violate a host countrys law.
A. The Foreign Assistance Act
B. The Fair Labor Standards Act
C. The Civil Rights Act of 1866
D. The Civil Rights Act of 1991
Q:
Most federal courts to date have ruled that victims of sexual harassment seeking recovery under _____ cannot sue the person who actually committed the harassment.
A. a tort claim
B. a state statute
C. Title VII of the Civil Rights Act of 1964
D. Section 2-306 of the Uniform Commercial Code
Q:
Which of the following refers to disparate impact analysis?
A. It involves situations in which employers use legitimate employment standards that, despite their apparent neutrality, impose a heavier burden on a protected class than on other employees.
B. It addresses intentional discrimination by an employer who has purposefully treated an employee or applicant less favorably because of his or her race, color, religion, national origin, gender, or membership in a group under another protected category.
C. It is a means of remedying past and present discriminatory wrongs in a more expeditious and thorough manner than the market might achieve on its own.
D. It is a process through which federal agencies ensure that employers make reasonable accommodations for disabled employees, irrespective of whether it creates an undue hardship or not.
Q:
In the context of employment discrimination, which of the following is a statutory defense against disparate treatment and disparate impact claims under Title VII of the Civil Rights Act of 1964?
A. Seniority
B. Marital status
C. Sexuality
D. Economic status
Q:
If the employee selection rate for any protected class of individuals is less than 80 percent of the selection rate for the group with the highest selection rate, then the employment practice in question will be presumed to create a disparate impact. This is referred to as the _____.
A. 10/90 gap
B. four-fifths rule
C. 80/20 principle
D. ninety-ninety rule
Q:
Which of the following is a characteristic of the Equal Pay Act of 1963?
A. According to the act, unequal wage payments are lawful if paid pursuant to a differential based on any factor other than race.
B. It forbids discrimination on the basis of sex by paying wages to employees of one sex at a rate less than the rate paid to employees of the opposite sex for equal work.
C. An employer seeking to avoid a violation of the Equal Pay Act can adjust its wage structure by lowering the wages paid to the favored sex performing equal work.
D. Under the act, unequal wage payments based on a seniority system or a merit system are unlawful.
Q:
Which of the following federal agencies has the authority to issue regulations and guidelines as well as to receive, initiate, and investigate charges of employment discrimination against employers covered by federal antidiscrimination statutes?
A. The Department of Labor
B. The Equal Employment Opportunity Commission
C. The Department of Justice
D. The Employee Assistance Certificate Commission
Q:
Under the Genetic Information Nondiscrimination Act (GINA), _____.
A. employees working for genetic engineering companies are not protected by federal antidiscrimination statutes
B. employees with genetic disorders cannot seek education or employment
C. employers are allowed to gather genetic information about an employees family members without any exceptions
D. employers are prohibited from discriminating employees because of genetic information
Q:
Philip worked as a senior manager at Soft Techvo Inc., a software company in Minnesota, for over 25 years. At the age of 53, Philip was denied a promotion because the company decided he was too old for the next-level job position. The new position was later filled by a younger employee whom Philip had previously supervised. Under the Age Discrimination in Employment Act (ADEA), Philip should file a:
A. lawsuit against his employer for taking affirmative action.
B. disability discrimination claim against his employer.
C. disparate treatment claim against his employer.
D. retaliation claim against his employer for denying him a promotion.
Q:
In the context of employment discrimination, which of the following statements about disparate treatment is true?
A. Employees or applicants making claims of disparate treatment must prove their employers intent to discriminate with either direct or indirect evidence.
B. Disparate treatment claims are solely restricted to the Age Discrimination in Employment Act (ADEA).
C. Disparate treatment claims arise from unintentional discrimination where an employment practice appearing to be neutral has the effect of adversely impacting a particular group.
D. Employees do not have to produce proof of intent in case of disparate treatment claims.
Q:
_____ to the U.S. Constitution provides that no state shall deny to any person life, liberty, or property without due process of law or deny him or her the equal protection of the laws.
A. The Fourth Amendment
B. The Second Amendment
C. The Fourteenth Amendment
D. The Fifteenth Amendment
Q:
Taking medication or using a prosthetic device to overcome an impairment excludes an individual from protection under the Americans with Disabilities Act (ADA).
Q:
The 2013 version of the Employment Non-Discrimination Act (ENDA) excludes protection against gender identity discrimination.
Q:
_____ has been interpreted to forbid discrimination on the basis of race in employment, which is essentially a contractual relationship.
A. The Civil Rights Act of 1866
B. The Social Security Act
C. The Judicial Circuits Act
D. The Rehabilitation Act of 1973
Q:
Which of the following statements about Title VII of the Civil Rights Act of 1964 is true?
A. It forbids discrimination in hiring, firing, and all aspects of the employment relationship.
B. Private-sector employees are not covered under Title VII.
C. It prohibits religious organizations from discriminating in employment on the basis of religion.
D. Private clubs are not exempt from Title VII.
Q:
Which of the following acts provides that U.S. citizens working abroad for American-owned or American-controlled companies are protected from employment discrimination?
A. The Civil Rights Act of 1991
B. The Social Security Act
C. The Patriot Act
D. The Rehabilitation Act of 1973
Q:
Employment quotas and affirmative action justified broadly by societal discrimination are constitutional.
Q:
Any religious accommodation imposing more than a de minimis cost on an employer represents an undue hardship and is not required by Title VII of the Civil Rights Act of 1964.
Q:
The employment portions of the Americans with Disabilities Act (ADA) extend to small businesses with fewer than 15 employees.
Q:
Alcoholism, drug addiction, and AIDS are disabilities under the Americans with Disabilities Act (ADA).
Q:
Liam has been recently diagnosed with bipolar disorder, and thus his productivity levels vary drastically. Liam can be terminated from his current job as the Americans with Disabilities Act (ADA) does not cover psychological disorders.
Q:
An employer may defend against an age discrimination claim by showing that age is a bona fide occupational qualification (BFOQ).
Q:
Under Title VII of the Civil Rights Act of 1964, only women can sue for sexual harassment.
Q:
An employee seeking recovery for sexual harassment under Title VII of the Civil Rights Act of 1964 can only sue the person who actually committed the harassment, not the employer.
Q:
Differences in wages and conditions of employment are permissible under the Civil Rights Act of 1964 where those differences are the result of a bona fide seniority system.
Q:
The Americans with Disabilities Act (ADA) amended Title VII of the Civil Rights Act of 1964, requiring pregnant employees to be treated the same as all other employees with temporary disabilities.
Q:
Employment discrimination is lawful where sex, religion, or national origin is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of a business.
Q:
If the Equal Employment Opportunity Commission (EEOC) decides that an employment discrimination complaint does not have merit, the charge will be dismissed and a right to sue letter will be issued, thus allowing the charging party to proceed with her or his own litigation.
Q:
The Equal Employment Opportunity Commission (EEOC) allows employers to impose a blanket ban on employees speaking their primary language in the workplace.
Q:
A bona fide seniority system that perpetuates past wrongs is illegal only if discriminatory intent is proven.
Q:
Briefly explain Family and Medical Leave Act.
Q:
Briefly explain the American Immigration Law.
Q:
State the common law doctrine of "employment at will" and explain the limitations that have eroded its influence.
Q:
Private clubs are not exempt from Title VII of the Civil Rights Act of 1964.
Q:
Unequal wage payments are lawful if paid pursuant to a seniority system.
Q:
The Age Discrimination in Employment Act (ADEA) protects employees who are 40 years and older from employment discrimination based on their age.
Q:
Which of the following is true of the H-1B visas?
A. The number of H-1B visas available annually is unlimited.
B. U.S. businesses have used the H-1B visa program to send American workers to other countries.
C. In seeking an H-1B visa, an employer must affirm that the hiring will not harm wages and working conditions of employees in similar jobs.
D. It brings workers for the non-skilled, non-technical jobs only.
Q:
What is the difference between an employee and an independent contractor?
Q:
What are the primary objectives of the Occupational Safety and Health Act?
Q:
What are the legal requirements to claim workers compensation?
Q:
State two legal considerations that influence employer drug-testing practices in public-sector jobs.
Q:
Reporting an employer's illegal activity is termed _____.
A. racketeering
B. perjury
C. whistle-blowing
D. plagiarism
Q:
Which of the following statements is true of defined benefit pensions?
A. They are much more common than defined contribution plans.
B. They provide specified monthly payments upon retirement.
C. They are less expensive to manage from the employers perspective.
D. They shift the risk from employer to employee.
Q:
Which of the following is a feature of the federal Employee Retirement Income Security Act (ERISA)?
A. The annual report needs to be certified internally by the respective employers.
B. It abolishes pensions for employees in certain situations.
C. It abolished all record-keeping requirements for pension plans.
D. It regulates pension funds to help ensure their long-term financial security.
Q:
Which of the following is true of a cash balance plan?
A. The employees contributions in a cash balance plan are not accurately defined.
B. All of the investment risk in cash balance plans remains with the employees.
C. The benefits are expressed in periodic payment during retirement.
D. The benefits are expressed in terms of an accumulated lump sum.
Q:
Which of the following statements is true of the Drug-Free Workplace Act of 1988?
A. It requires the federal government to develop anti-drug policies for each employer.
B. It requires employers who have contracts of $100,000 or more with the federal government to provide drug-free awareness programs for employees.
C. It applies to all private employers in the United States.
D. It exempts employers who receive aid from the federal government.
Q:
Which of the following statements is true of random testing?
A. All states have made random drug testing illegal.
B. There are no significant legal problems associated with random testing.
C. None of the states limit random drug testing to safety-sensitive situations.
D. The U.S. Supreme Court has upheld such testing for public-sector employees where public safety is involved.
Q:
In the context of drug testing, which of the following forbids unreasonable searches and seizures?
A. The Fourth Amendment to the U.S. Constitution
B. The First Amendment to the U.S. Constitution
C. Title VII of the Civil Rights Act of 1964
D. National Defense Authorization Act
Q:
Which of the following is a feature of the Americans with Disabilities Act (ADA)?
A. It forbids unreasonable searches and seizures.
B. It imposes a general duty on most employers to provide a workplace free of recognized hazards.
C. It protects recovering drug addicts and those erroneously believed to be drug abusers.
D. It provides rights to minimum wage and overtime pay.
Q:
Which of the following acts prohibits private individuals and organizations from intercepting wire and oral communications?
A. The Uniform Electronic Transactions Act
B. The Electronic Communications Privacy Act
C. The Consolidated Omnibus Budget Reconciliation Act
D. The Personal Information Protection and Electronic Documents Act
Q:
The Family and Medical Leave Act:
A. protects recovering drug addicts and those erroneously believed to be drug abusers, but not employees or applicants who are currently abusing drugs.
B. requires employers with 20 or more employees to permit departing employees to retain group health coverage at their own expense for up to 18 months.
C. promulgates and enforces health and safety standards that identify and seek to correct specific workplace hazards and problems.
D. entitles eligible employees of covered employers to take job-protected, unpaid leave for certain family-related or medical reasons.
Q:
Which of the following is a legal requirement for claim of workers' compensation?
A. Proof of employer negligence
B. Injury sustained while on the job
C. Injury sustained off-site
D. Proof of employee negligence
Q:
Identify a true statement about workers' compensation.
A. It covers all self-inflicted on-the-job injuries.
B. It is not the exclusive remedy for workplace injury.
C. It covers the entire labor force.
D. It does not require proof of employer negligence.
Q:
Which of the following acts provided for an unemployment insurance program?
A. The Social Security Act
B. The Family and Medical Leave Act
C. The National Defense Authorization Act
D. The Fair Labor Standards Act
Q:
Which of the following is a feature of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA)?
A. It provides rights to minimum wage and overtime pay.
B. It imposes a general duty on most employers to provide a workplace free of "recognized hazards causing or likely to cause death or serious physical harm to employees."
C. It requires employers with 20 or more employees to permit departing employees to retain group health coverage at their own expense for up to 18 months.
D. It entitles eligible employees of covered employers to take job-protected, unpaid leave for certain family-related or medical reasons.
Q:
_____ requires firms with 100 or more employees to provide 60 days notice if they lay off one-third or more of their workers at any site employing at least 150 workers, drop 500 employees at any site, or close a plant employing at least 50 workers.
A. The Worker Adjustment and Retraining Notification Act (WARN)
B. The Consolidated Omnibus Budget Reconciliation Act (COBRA)
C. The SarbanesOxley Act (SOX)
D. The Employee Retirement Income Security Act (ERISA)
Q:
Which of the following acts imposes a general duty on most employers to provide a workplace free of "recognized hazards causing or likely to cause death or serious physical harm to employees"?
A. The Occupational Safety and Health Act
B. The Fair Labor Standards Act
C. The Family and Medical Leave Act
D. The Environmental Protection Act
Q:
Which of the following statements is true of workers' compensation?
A. Workers compensation covers self-inflicted injuries.
B. Workers compensation provides a form of no-fault protection in the workplace.
C. The system is governed by a federal board.
D. Workers cannot sue for damages resulting from a work-related injury in any circumstances.
Q:
Employers often bear legal responsibility for employees' accidents or wrongs. This vicarious liability springs from the doctrine of _____.
A. stare decisis
B. res ipsa loquitur
C. caveat emptor
D. respondeat superior
Q:
Under _____, an employer will be liable for acts outside the scope of employment.
A. respondeat superior
B. negligence liability
C. restrictive covenant
D. qualified privilege
Q:
Which of the following is an objective of the Fair Labor Standards Act?
A. The establishment of a maximum wage
B. Higher pay for female workers
C. Child labor protection
D. The establishment of a standard number of working hours per week
Q:
Which of the following is a condition required for a successful defamation suit against an employer?
A. The statement should be true.
B. A co-worker must be responsible for the publication of the statement.
C. The statement must be published to a third party.
D. The employer's reputation must be harmed.
Q:
Thomas, a private-accountant, was humiliated and fired from his job after his employer accused him of embezzling money with no factual basis. When Thomas applied for another job, the former employer told the prospective employer why Thomas was fired. Thomas can sue his employer for _____.
A. rsum fraud
B. defamation
C. invasion of privacy
D. negligence
Q:
Cheryl, a human resource manager at a multinational corporation, finds that one of the employees in the firm had misstated his education credentials. Cheryl can sue the employee for _____.
A. rsum fraud
B. defamation
C. invasion of privacy
D. negligence
Q:
Which of the following is a form of imputed liability?
A. Qualified privilege
B. Restrictive covenant
C. Respondeat superior
D. Tag-along tort
Q:
An at-will employee, by definition, is under contract for a definite period of time, and cannot be fired until the completion of the time period.
Q:
In seeking an H-1B visa, an employer must affirm to the U.S. Department of Labor that the hiring will not harm wages and working conditions of employees in similar jobs.
Q:
_____ is a complete defense in defamation cases.
A. Negligence
B. Truth
C. Vicarious liability
D. Whistle-blowing
Q:
Which of the following has the authority to file discrimination lawsuits on behalf of employees despite an arbitration agreement?
A. Equal Employment Opportunity Commission
B. Pension Benefit Guaranty Corporation
C. The United States Civil Service Commission
D. The U.S. Securities and Exchange Commission
Q:
Under a _____, legitimate business communications, with some exceptions, are shielded from liability.
A. vicarious liability
B. restrictive covenant
C. qualified privilege
D. tag-along tort
Q:
Drug testing is regulated by the federal government.
Q:
With the prior consent by one of the parties to the communication, an employer may lawfully monitor an employee phone call.
Q:
The Family and Medical Leave Act entitles eligible employees up to 15 weeks of paid leave for the birth, adoption, or foster care placement of a child, to care for a child, spouse, or parent who has a serious medical condition, or for the employees own serious medical condition.
Q:
A cash balance plan is a defined benefit plan that acts somewhat like a defined contribution plan.
Q:
A number of states forbid random drug testing or limit it to safety-sensitive situations.
Q:
Under the Fair Labor Standards Act, employers must now pay double time for any work beyond 40 hours per week.
Q:
Workers' compensation provides a form of no-fault protection in the workplace.