Q&A Hero

Q: The EPA has set national ambient air quality standards for: A. chlorofluorocarbons. B. sulfur oxide. C. carbon dioxide. D. methane.

Q: The Environmental Protection Agency (EPA) sets a "primary standard" for air pollution. This standard is designed to protect against harm to: A. human health. B. animal health. C. plant health. D. climate health.

Q: Volatile organic compounds (VOCs) combine with _____ under the influence of sunlight to become ozonealso known as smog. A. nitrogen oxides B. carbon monoxide C. chlorofluorocarbons D. sulfur oxides

Q: Which of the following is true of the National Environmental Policy Act (NEPA)? A. It does not apply to businesses in states that have their own state laws in place. B. Citizens can force federal agencies to comply with the NEPA. C. It requires that state governments ensure that all entities within state borders submit environmental impact statements. D. The NEPA requires that all businesses file an environmental impact statement before a project is undertaken.

Q: Clean up of Superfund sites is paid for by federal tax funds.

Q: The _____, enacted in 1970, required that an environmental impact statement be prepared for every recommendation or report on legislation and for every major federal action significantly affecting the quality of the environment. A. Comprehensive Environmental Response Compensation and Liability Act B. Clean Air Act C. National Environmental Policy Act D. Toxic Substances Control Act

Q: The EPA regulates underground storage tanks, such as those used for gasoline.

Q: Violators can only be subjected to civil penalties for failure to fulfill the hazardous waste regulations promulgated under RCRA.

Q: The EPA bears the primary responsibility for the siting and regulation of solid waste disposal.

Q: A shortcoming of the CERCLA is that the federal and state governments must bear the sole financial burden for cleaning up the sites.

Q: The Toxic Substances Control Act gives the EPA the authority to regulate the production and use of agricultural chemicals such as insecticides.

Q: The Clean Water Act sets up a permit system for any dredging or filling activity in wetlands that is administered by the Army Corps of Engineers.

Q: The Ocean Dumping Ban Act of 1987 set up a permit system regulating the dumping of all types of materials into ocean waters.

Q: The Clean Water Act establishes a program governing the injection of wastes into wells.

Q: State governments establish the standard for drinking water in the United States.

Q: The Clean Air Act provides the framework for the current approach to air pollution.

Q: The EPA's "tailoring rule" would require certain new large sources to address their greenhouse gas emissions as they get permits.

Q: The federal government has a comprehensive program to fight climate change.

Q: Under the Clean Water Act, the states have the main responsibility for regulating water pollution.

Q: The Clean Water Act incorporates both civil and criminal sanctions.

Q: Under the Clean Air Act, the federal government is required to develop a state implementation plan for meeting national ambient air quality standards in every state.

Q: The preconstruction review process required under the Clean Air Act applies to new facilities as well as existing facilities that undergo modifications.

Q: No manufacturer may sell vehicles subject to emission standards without prior certification from the EPA.

Q: Mr. Smithers is the owner of Meany Co. In the past few months, office stationary supply orders have risen significantly from the same period in previous years due to a sudden shortage in items such as paper. Mr. Smithers is convinced that employees are to blame for the paper shortage because they are taking paper without permission for their personal use. Mr. Smithers orders that all the supply rooms, copy rooms, lounges, and the employee locker rooms be monitored with hidden surveillance cameras. Discuss the potential legal consequences if such an action is taken by Meany Co.

Q: According to the NEPA, every business contemplating a project must file an environmental impact statement.

Q: Every state or local municipality must file an environmental impact statement under NEPA.

Q: The White Forest Employment Agency has 35 employees. White Forest pays all its female employees less than all its male employees. It also refuses to refer female customers to any "Fortune 500" corporations (all of which are big and have operations in more than one country). Of the two kinds of discrimination in which White Forest engages, which is covered by Title VII?

Q: Joe Smith, a police patrolman, joins a new religious sect which renounces any real or threatened use of force against another human being for any reason. Thus, Joe refuses to employ or threaten any kind of physical force against anyone he encounters in his patrolman's job. Instead, he tries to reason with lawbreakers and to instruct them about God's will. For this reason, the city police force reassigns Joe from his patrolman's job to an office job. Joe sues for religious discrimination under Title VII. Can the department successfully argue that it isn't discriminating against Joe's religion, just the way he does his job? If not, what else can the department argue? How successful is this argument likely to be?

Q: Bill didn't exactly fit in at the XYZ Corporation. First, Bill lost out on a promotion because a female co-employee was having sexual relations with their mutual boss and for that reason got the promotion instead. Later, Bill was denied a raise because he refused to have sex with his male supervisor. Still later, Bill was fired when he refused to have a sexual relationship with the firm's female CEO. Bill sues XYZ for sexual harassment, citing all three incidents. Across the 50 states, for which of the incidents is he most likely to recover? Why?

Q: Allie is a licensed pilot who is nearsighted. She has 20/20 (perfect) vision when she wears her contact lenses. Without her contact lenses, she cannot read or drive, but with her contact lenses, she is able to engage in these activities. Acme Airlines has a requirement that its pilots have 20/20 uncorrected vision. Allie applies for a pilot position with Acme, and is rejected based on her need to wear contact lenses. Allie goes to the EEOC to file a charge under the ADA against Acme Airlines. What is the likely result?

Q: Agnes, a waitress at a restaurant, suffers severe anxiety attacks when things get really busy at her job. As a result, she is a very ineffective waitress when the restaurant is crowded. For this reason, she is fired. Maybe her employer could have assigned Agnes to shifts when the restaurant is not busy, but this would have irritated the other waitresses, caused significant scheduling difficulties, and appreciably increased expenses. If Agnes sues the restaurant under the Americans with Disabilities Act (ADA), the restaurant's best argument would be: A. that Agnes's anxiety attacks are not a disability under the ADA. B. that the ADA doesn't require employers to accommodate such disabilities. C. that accommodating Agnes would cause the restaurant undue hardship. D. that the ability to handle stress is a BFOQ for the job of being a waitress.

Q: The Employee Polygraph Protection Act is enforced by the _____. A. Labor Department B. state C. EEOC D. NLRB

Q: What Constitutional Amendment protects employees from drug and alcohol testing at a private employer? A. Fourth Amendment - Search and seizure rule B. Fifth Amendment - Right to a speedy trial C. Fourteenth Amendment - Equal protection rule D. There is no constitutional protection since it is a private employer

Q: Which of the following is least likely to make an employer liable for unjust dismissal or wrongful discharge under the public policy exception to the employment at will doctrine? A. Firing an employee for his refusal to work on a contract to manufacture weapons because of his religious convictions. B. Firing an employee for his refusal to commit perjury in a $1,000,000 product liability suit against the firm. C. Firing a middle-level manager for refusing to violate Title VII by denying a promotion to a black subordinate. D. Firing an employee for filing a workers' compensation claim against the employer.

Q: The 1967 Age Discrimination in Employment Act (ADEA) prohibits age-based employment discrimination against employees who are at least _____ years of age. A. 30 B. 35 C. 40 D. 45

Q: In which of the following ways does the Age Discrimination in Employment Act (ADEA) differ from Title VII? A. A plaintiff must file a charge with the EEOC or a state agency under Title VII, but not under the ADEA. B. Unlike Title VII, the ADEA does not incorporate mixed-motives claims of disparate treatment. C. Title VII has a BFOQ defense but the ADEA does not. D. A successful plaintiff can get equitable relief under Title VII, but not under the ADEA.

Q: Tina and Tom are co-workers at Acme Corporation. As night custodians, they work together cleaning the Acme office building at night when the building is empty. Tom regularly makes sexual advances toward Tina that distress her. However, Tina has never complained about Tom's conduct to her supervisor, Mary, who only works during the day. Which of the following statements is most accurate? A. Acme Corporation is strictly liable for Tom's harassment of Tina. B. Acme Corporation may defend that it did not know about Tom's harassment of Tina. C. Acme Corporation is not liable because Tom is not Tina's supervisor. D. Acme Corporation is not liable because Tina voluntarily accepted the job of a night custodian.

Q: Jack is Martha's boss. They are lifeguards working for the City of Miami. Jack is very interested in developing a romantic relationship with Martha. However, Martha is not attracted to Jack. His attention is unwelcome to her. Jack tells Martha that if she will engage in sexual relations with him, he will give her the highest employee evaluation possible, and she will get a raise. This is an example of: A. quid pro quo sexual harassment. B. sociological harassment. C. hostile environment harassment. D. tangible sexual harassment.

Q: Which of the following is a similarity between Title VII and the employment discrimination provision known as "Section 1981"? A. Both Title VII and Section 1981 apply to sex discrimination. B. Both Title VII and Section 1981 apply to racial discrimination. C. Both Title VII and Section 1981 impose limits on covered employees. D. Both Title VII and Section 1981 impose limits on compensatory damages.

Q: In which of the following situations is an employer least likely to be able to escape Title VII liability on the basis of a BFOQ defense? A. Where the alleged BFOQ promotes an accountancy firm's newly adopted goal of fetal protection. B. Where the alleged BFOQ is needed in an all-male prison which houses sex offenders. C. Where a man is denied work as an undergarment fitter for female customers at a department store. D. Where a French restaurant denies a German a job as a "French Chef."

Q: What type of damages can a plaintiff recover under Title VII when the defendant discriminated with malice or with reckless indifference to the plaintiff's rights? A. Compensatory damages B. Nominal damages C. Punitive damages D. Contemptuous damages

Q: Which of the following is NOT true about Title VII? A. It forbids discrimination on the basis of national origin. B. It prohibits discrimination on the basis of homosexuality or transsexuality. C. It prohibits racial discrimination against whites. D. It forbids religious discrimination against atheists.

Q: Which of the following is generally true regarding sexual harassment suits under Title VII? A. Employers are vicariously liable for sexual harassment by supervisory and nonsupervisory employees of the organization. B. The employee must show a tangible job detriment such as a firing or the denial of a promotion, or she will lose the case. C. In all sexual harassment cases, the alleged harassment must be unwelcome or the employee will not recover. D. All the courts agree that same-sex sexual harassment violates Title VII.

Q: A plaintiff will succeed against her employer in a disparate treatment case under Title VII if she can prove that: A. her employer does not pay her well. B. her workload is very high. C. her employer rarely approves her requests for leave of absence. D. her employer discriminates against her on the basis of race.

Q: Which of the following is least likely to be forbidden by Title VII? A. Discrimination against a man solely because of his gender. B. Discrimination against a woman solely because she is a lesbian. C. Discrimination against a black woman solely because of her religion. D. Discrimination against a person of French ancestry because he "talks like an Englishman."

Q: An employer is most likely to raise the _____ defense for a mixed-motives disparate treatment claim under Title VII. A. seniority B. various merit C. same-decision D. BFOQ

Q: The Newtown Police Dept. (NPD) is a force of 55 officers and 30 support personnel. NPD has just adopted new hiring standards for new police officers. These include a minimum height of 5'8", a minimum weight of 160 pounds. Susan is a recent graduate with a Bachelor's Degree in Police Science. She wants to get a job as a police officer in Newtown. However Susan is only 5'5" and she weighs 130 pounds. If Susan brings a legal challenge to NPD's new hiring standards, what legal basis might she have? A. Disparate treatment B. Disparate impact C. Irrational standards D. Irrational policy

Q: Which of the following relieves an employee of the hassle of separately filing charges under Title VII with the EEOC and with the state agency? A. Featherbedding by the EEOC B. Worksharing agreements of the EEOC C. A "right-to-sue" letter by the EEOC D. Yellow-dog contracts of the EEOC

Q: Under Title VII, when can a private plaintiff file a lawsuit? A. Within 90 days of receiving the "right-to-sue" letter B. Within 120 days of filing a charge with the EEOC C. Within 120 days of receiving the "right-to-sue" letter D. Within 90 days of filing a charge with the EEOC

Q: Identify the type of employers covered by Title VII of the Civil Rights Act of 1964. A. Employers with 3 employees or more and engaged in an industry affecting intrastate commerce. B. Employers with 15 employees or more and engaged in an industry affecting interstate commerce. C. Employers with 30 employees or more and engaged in an industry affecting intrastate commerce. D. All employers engaged in industries affecting interstate commerce.

Q: Which of the following entities is covered by Title VII? Assume that the entity in question discriminates on one of the bases forbidden by Title VII. A. An individual who employs 5 people. B. A corporation employing 10 people. C. A labor union with 20 members. D. A private college with 12 employees.

Q: The usual Title VII suit is a suit by _____. A. the EEOC B. the Department of Labor C. the states D. a private plaintiff

Q: Which of the following is one of the four material elements required for meeting the substantially-equal-work condition for application of the Equal Pay Act? A. Equal training opportunities B. Equal remuneration C. Equal responsibility D. Equal bonus structure

Q: Which of the following statements about the Equal Pay Act (EPA) is accurate? A. An employee may recover liquidated damages under the EPA. B. The EPA requires that private plaintiffs submit their complaints to the EEOC. C. Employee suits under the EPA are for unpaid wages or overtime. D. The EPA is enforced by the Labor Department.

Q: _____ prohibited federal court enforcement of yellow-dog contracts. A. The National Labor Relations Act B. The Railway Labor Act C. The Norris-LaGuardia Act D. The Fair Labor Standards Act

Q: Featherbedding was declared an unfair labor practice by the _____. A. Landrum-Griffin Act B. Wagner Act C. Norris-LaGuardia Act D. Taft-Hartley Act

Q: _____ established an 80-day cooling-off period for strikes that the president finds likely to endanger national safety or health. A. The Norris-LaGuardia Act B. The Wagner Act C. The Taft-Hartley Act D. The Landrum-Griffin Act

Q: Congress enacted the _____ after congressional investigations during the 1950s uncovered corruption in internal union affairs and revealed that the internal procedures of many unions were undemocratic. A. Norris-LaGuardia Act B. Landrum-Griffin Act C. Taft-Hartley Act D. Wagner Act

Q: In order for a business to be covered under the Federal Medical and Leave Act (FMLA) how many employees must the business employ? A. 50 or more B. 5 or more C. 75 or more D. 2 or more

Q: Social Security is mainly financed by _____. A. FICA B. ERISA C. FLSA D. FMLA

Q: Unemployment compensation is administered by _____. A. the social security system B. the states C. the secretary of labor D. the federal government

Q: In general, which of the following statements is correct with respect to unemployment compensation? A. An employee who voluntarily quits work without a reasonable cause is entitled to unemployment compensation. B. An individual who has been discharged from employment because of work-connected misconduct is ineligible for unemployment compensation. C. The maximum period during which unemployment compensation may be collected is uniform throughout the United States. D. The maximum amount of unemployment compensation paid by a state is determined by federal law.

Q: Which of the following statements about the Employee Retirement Income Security Act (ERISA) is accurate? A. ERISA does not impose fiduciary duties on pension fund managers. B. ERISA does not allow pension plan participants to sue employers. C. ERISA does not require employers to establish or fund pension plans. D. ERISA does not guarantee employee participation in pension funds.

Q: The Fair Labor Standards Act (FLSA) regulates wages and hours by entitling covered employees to a time-and-a half rate for work exceeding _____ hours per week. A. 55 B. 50 C. 45 D. 40

Q: In order for a worker to succeed in obtaining a workers' compensation award, the worker must demonstrate that the: A. employer was at fault in causing the accident. B. injury was work-related. C. worker was not at fault in contributing to the accident. D. injury was due to a co-worker.

Q: For an employee to recover under a workers compensation system what percentage of negligence must the employer be found guilty of? A. There is no requirement for a finding of employer negligence B. Employer must be 51% negligent for the injury C. Employer must be more than 30% negligent for the injury D. Employer must be more than 75% negligent for the injury

Q: An employee cannot sue her employer for a violation of _____. A. OSHA B. FLSA C. ERISA D. FMLA

Q: The federal and state governments are exempted from which of the following acts? A. The Family and Medical Leave Act B. The Fair Labor Standards Act C. The Equal Pay Act D. The Occupational Safety and Health Act

Q: Under which of the following situations is an employee most likely to recover under a workers' compensation system? A. Injuries suffered while traveling to work B. Injuries resulting from employee horseplay C. Self-inflicted injuries D. Injuries related to occupational diseases

Q: In general, which of the following is an available method of complying with a state's workers' compensation statute? A. Maintenance of a contingency fund by the employee B. Participation in the state insurance fund by the employer C. Participation in a federal insurance fund by the employee D. Purchase of private insurance by employees

Q: In which of the following situations will a state make an award of workers' compensation to an injured worker, if the state is using an "increased risk" test to define the relationship between an injury and the nature of employment? A. A secretary is assaulted by a trespasser in an accounting firm. B. A security guard employed by a software company is assaulted by a trespasser. C. Two employees engage in an arm wrestling match and are injured as a result. D. An employee attempts to impress his co-worker by placing a lit match close to his hand and is burned as a result.

Q: The principle of employment at will says that either party can terminate an employment contract of indefinite duration.

Q: If an employer terminated an employee to prevent having to pay benefits on a case then the employee may have an action for breach of the implied covenant of good faith and fair dealing.

Q: Workers' compensation systems have failed to eliminate which of the following employer defenses? A. Injuries resulting from employee horseplay B. Implied assumption of risk by the employee C. Injuries resulting from the negligence of the employee D. Injuries resulting from the negligence of a coemployee

Q: While in the course of employment with Marco, Inc., Payne was injured. Marco has complied with the state's mandatory workers' compensation statute. Marco's workers' compensation carrier has asserted the following defenses to Payne's claim for workers' compensation benefits: I. Marco was free from any wrongdoing. II. Payne assumed the risk by disregarding Marco's safety procedures. III. Payne's injury was intentionally self-inflicted. Which defense(s) asserted by the workers' compensation carrier, if proven, will prevent Payne from recovering? A. I only B. II only C. III only D. I and II

Q: Drug and alcohol testing of public employees is unconstitutional.

Q: The Employee Polygraph Protection Act makes it illegal for an employer to require a prospective employee to take a lie detector test.

Q: Under the public policy exception to employment at will, most courts limit "public policy" to the policies advanced by existing law.

Q: An individual can sue a former employer for OSHA violations that the individual witnessed.

Q: Title VII of the 1964 Civil Rights Act forbids employment discrimination on the basis of race, color, religion, sex, and national origin.