Q&A Hero

Q: _______________ conducts investigations into the safety of motor vehicles. A. The Vehicle Investigation Commission B. The Vehicle Safety Administration C. The National Highway Traffic Safety Administration D. The Motorized Safety Administration E. The Transportation Safety Commission

Q: _______________ was the first federal legislation regulating food and drugs. A. The Applied Food, Drug, and Cosmetic Act B. The Pure Food and Drugs Act C. The Food and Drug Safety Act D. The Consumer Safety Act E. The Congressional Safety Act

Q: ________________ is the agency responsible for enforcing the Federal Food, Drug, and Cosmetic Act. A. The U.S. Food and Drug Administration B. The Federal Consumer Administration C. The Federal Consumption Administration D. The Federal Safety Commission E. The U.S. Uniform Drug Commission

Q: Which of the following is false regarding the Consumer Product Safety Act? A. It enforces mandatory standards regarding product safety. B. It has no authority to require a recall of products. C. It conducts research regarding potentially hazardous products. D. It educates consumers about product safety. E. It can ban consumer products from the market.

Q: _________________ governs the issuance of credit reports. A. The Prohibited Report Act B. The Fair Credit Reporting Act C. The Unfair Reporting Act D. The Loan Reporting Act E. The Credit Protection Act

Q: General credit information is considered obsolete after _____ years. A. 3 B. 4 C. 5 D. 7 E. 8

Q: _________________ is (are) prohibited by the Fair Debt Collection Practices Act. A. Contacting a debtor at work if the debtor's employer objects B. Misrepresenting the collection agency as a lawyer or police officer C. Contacting a debtor who has notified the collection agency that he or she wants no contact with the agency D. Contacting a debtor at work if the debtor's employer objects, misrepresenting the collection agency as a lawyer or police officer, and contacting a debtor who has notified the collection agency that he or she wants no contact with the agency E. Contacting a debtor at work if the debtor's employer objects, and misrepresenting the collection agency as a lawyer or police officer are prohibited; but contacting a debtor who has notified the collection agency that he or she wants no contact with the agency is not prohibited

Q: By federal law, major credit reporting agencies are now required to provide consumers with a free copy of their credit report every ______. A. 36 months B. 24 months C. 12 months D. 6 months E. None of these because there is no such requirement.

Q: If a credit card company sends a person an unsolicited card in the mail and the card is stolen, for how much can the person be held liable to the credit card company? A. $500 B. $300 C. $250 D. $200 E. 0

Q: A credit card company may not bill a consumer for a damaged item that is unknowingly purchased with the card if ____________. A. the consumer purchased the item in the same state as the consumer's home or within 100 miles of the consumer's home B. the consumer purchased the item in the same state as the consumer's home or within 100 miles of the consumer's home, and the item cost more than $50 C. the consumer purchased the item in the same state as the consumer's home or within 100 miles of the consumer's home; the item cost more than $50; and the consumer made a good-faith effort to resolve the dispute, such as asking the store for a refund D. the consumer purchased the item in the same state as the consumer's home or within 100 miles of the consumer's home; the item cost more than $50; the consumer made a good-faith effort to resolve the dispute, such as asking the store for a refund; and the seller had a history of providing defective merchandise E. the credit card company may always charge the consumer, and it is up to the consumer to get a refund from the merchant

Q: The Equal Credit Opportunity Act makes it illegal for creditors to deny credit to individuals on the basis of ______. A. race, religion, national origin, color, sex, marital status, or age B. race, national origin, color, sex, marital status, or age C. race, religion, national origin, color, sex, or age D. race, religion, national origin, color, or sex E. race, religion, color, sex, marital status, or age

Q: The Truth in Lending Act includes _________________. A. open-end credit B. closed-end credit C. credit card applications and solicitations D. open-end credit, closed-end credit, and credit card applications and solicitations E. open-end credit and closed-end credit, but not credit card applications and solicitations

Q: ________________ permits repeated transactions and assesses a finance charge on unpaid balances. A. Open-ended credit B. Closed-ended credit C. Debt-based credit D. Uncollateralized credit E. Collateralized credit

Q: Credit card applications include ___________ under the Truth in Lending Act. A. the APR B. annual fees C. the grace period for paying without a finance charge D. the APR, annual fees, and the grace period for paying without a finance charge E. the APR and the annual fees, but not the grace period for paying without a finance charge

Q: If a person notifies the credit card company of a stolen card before unauthorized charges are made, for how much can the person be held liable to the credit card company for later unauthorized charges? A. $500 B. $300 C. $250 D. $200 E. 0

Q: In order for a loan to come within the protection of the Truth in Lending Act, ___________. A. the credit or loan must be subject to a finance charge B. the credit or loan must have repayments of more than four installments C. the credit or loan must have an interest rate of over 5% D. the credit or loan must be subject to a finance charge, or credit or loan must have repayments of more than four installments, and the credit or loan must have an interest rate of over 5% E. the credit or loan must be subject to a finance charge or have repayments of more than four installments, but there is no requirement regarding the loan having an interest rate of over 5%

Q: The Truth in Lending Act applies to _____________. A. loans to a natural person B. loans to a natural person and to a limited partnerships C. loans to a natural person, loans to a limited partnership, and loans to a general partnership D. loans to a natural person, loans to a limited partnership, loans to a general partnership, and loans to a corporation E. all loans

Q: In order to come within the scope of the Truth in Lending Act, a loan must be in the amount of ______ unless it is secured by a mortgage on real estate. A. $50,000 or more B. $50,000 or less C. $30,000 or more D. $40,000 or less E. $25,000 or less

Q: State consumer protection laws prohibiting used-car fraud are known as ______ laws. A. orange B. prune C. lemon D. onion E. garlic

Q: The federal regulation of used-car sales requires that __________. A. odometer fraud is prohibited. B. there are requirements regarding notification that a car is being sold "as is." C. the dealer may attach a label providing that the dealer needs no further inspection if the car has already gone through a thorough inspection. D. odometer fraud is prohibited; there are requirements regarding notification that a car is being sold "as is;" and the dealer may attach a label providing that the dealer needs no further inspection if the car has already gone through a thorough inspection. E. odometer fraud is prohibited and there are requirements regarding notification that a car is being sold "as is," but the dealer is not allowed to indicate that no further inspection is needed.

Q: ________________ is (are) federal law(s) regulating the credit industry. A. The Truth-in-Lending Act B. The Fair Credit Reporting Act C. The Fair Debt Collection Practices Act D. The Truth-in-Lending Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act E. The Truth-in-Lending Act and the Fair Credit Reporting Act, but not the Fair Debt Collection Practices Act

Q: Which of the following is true regarding regulation of tobacco under federal law? A. Radio advertisement of cigarettes is prohibited. B. Radio advertisement of smokeless tobacco is prohibited. C. Television advertisement of smokeless tobacco is prohibited. D. Radio advertisement of cigarettes is prohibited, radio advertisement of smokeless tobacco is prohibited, and television advertisement of smokeless tobacco is prohibited. E. Radio advertisement of cigarettes is prohibited and television advertisement of smokeless tobacco is prohibited, but radio advertisement of smokeless tobacco is allowed.

Q: ________________ is not a federal law referenced in the text regulating product labeling. A. The Wool Products Labeling Act B. The Fur Products Labeling Act C. The Flammable Fabrics Act D. The Nutrition Labeling and Education Act E. The Imported Canine and Feline Fur Act

Q: Which of the following is required by the Federal Trade Commission Cooling-Off Rule in regard to door-to-door sales? A. That consumers have three days in which to cancel purchases made from salespeople who come to their homes. B. That the salesperson notify the consumer, both verbally and in writing that the sales transaction may be cancelled. C. That the consumer be notified in writing in the same language in which the oral negotiations were conducted. D. That consumers have three days in which to cancel purchases made from salespeople who come to their homes; that the salesperson notifies the consumer, both verbally and in writing that the sales transaction may be cancelled; and that the consumer is notified in writing in the same language in which the oral negotiations were conducted. E. That consumers have three days in which to cancel purchases made from salespeople who come to their homes and that the salesperson notify the consumer in writing in the same language in which oral negotiations were conducted that the transaction may be cancelled, but not that notification also be made verbally.

Q: Which of the following is true regarding the obligation, if any, of a consumer who discovers that a company has sent the consumer unsolicited merchandise? A. The consumer may treat the merchandise as a gift. B. The consumer may only treat the merchandise as a gift if it has a value of under $25; otherwise, the consumer must call the seller and ask if the seller would like to cover return postage. C. The consumer may only treat the merchandise as a gift if it has a value of under $50; otherwise, the consumer must call the seller and ask if the seller would like to cover return postage. D. The consumer may only treat the merchandise as a gift if it has a value of under $100; otherwise, the consumer must call the seller and ask if the seller would like to cover return postage. E. The consumer must return the merchandise.

Q: Which of the following is false regarding the Telephone Consumer Protection Act of 1991? A. It forbids telephone solicitation using an automatic telephone dialing system. B. It forbids telephone solicitation using a prerecorded voice. C. It makes it illegal to transmit advertisements via fax unless the recipient agrees to the fax transmission. D. Only the Federal Communications Commission can take action to enforce the act. E. If a telemarketer willfully violates the act, the court can decide to triple the amount owed to the consumer.

Q: The Federal Trade Commission considers ________________, abusive action by telemarketers. A. using profane or obscene language toward a customer B. calling a person who has previously requested to be taken off the particular seller's calling list C. calling a residence before 8 a.m. D. using profane or obscene language toward a customer, calling a person who has previously requested to be taken off the particular seller's calling list, and calling a residence before 8 a.m. E. using profane or obscene language toward a customer and calling a person who has previously requested to be taken off the particular seller's calling list, but not calling a residence before 8 a.m.

Q: The Federal Trade Commission's "Do Not Call" registry lasts _________. A. two years B. three years C. four years D. five years E. six years

Q: The Federal Trade Commission requires ________________ if a company wishes to claim that its products are "Made in the U.S.A.". A. that the claim not be used unless all, or virtually all, of the product's components and labor are of U.S. origin B. that the claim not be used unless absolutely all of the components and labor of the product are of U.S. origin C. that the claim not be used unless at least 75% of the product's components and labor are of U.S. origin D. that the claim not be used unless at least 50% of the product's components and labor are of U.S. origin E. that the claim not be used unless at least 55% of the product's labor and components are from Canada, Mexico, or the United States

Q: A(n) ______________ is a form of cease-and-desist order issued by the FTC that applied not only to the product that was the subject of the actions but also to other products produced by the same firm. A. corrective advertising B. ad substantiation C. multiple-product order D. consent order E. puffing

Q: __________ is a requirement by the Federal Trade Commission that a company run advertisements in which the company explicitly states that formerly advertised claims were untrue. A. Corrective advertising B. Repeal advertising C. Notice publication D. Notice advertising E. Action publication

Q: _______________ is the requirement of the Federal Trade Commission that advertisers have a reasonable basis for claims made in advertisements. A. Ad substantiation B. Ad verification C. Proof of ad veracity D. Illustration of ad veracity E. Acknowledgement of ad veracity

Q: _____________ is the use of generalities and clear exaggerations. A. Half-truth B. Puffing C. Bait-and-switch D. Deception E. Fraud

Q: When an advertisement is true but incomplete it is a(n) ____________. A. inaccurate truth B. rule 8(a) violation C. rule 3 violation D. significant untruth E. half-truth

Q: ____________ is a statement in which a company agrees with the Federal Trade Commission to stop disputed behavior but does not admit it broke the law? A. Agreed stoppage B. Command order C. Consent order D. Agreed order E. None of these because the Federal Trade Commission provides no such option

Q: A(n) ___________________ is an FTC order requiring that a company stop its illegal behavior. A. industry guide B. command order C. consent order D. stop order E. cease-and-desist order

Q: ________________________ is the practice of advertising with claims that mislead or could mislead a reasonable consumer. A. Industry guides B. Ad substantiation C. Corrective advertising D. Deceptive advertising E. Consumer law

Q: What type of agency is the Federal Trade Commission? A. Executive B. Independent C. Collateral D. Approved E. Certified

Q: The Federal Trade Commission has _____ commissioners each of whom serves a ______-year term. A. 5; 7 B. 7; 3 C. 9; 4 D. 8; 5 E. 3; 4

Q: ____________ are interpretations of consumer laws created by the Federal Trade Commission to encourage businesses to stop unlawful behavior. A. Consumer guides B. Consumer recommendations C. Business interpretations D. Industry guides E. Business requirements

Q: Which of the following was the result on appeal in Richard D. Kennedy and Sally S. Kennedy v. Chase Manhattan Bank, U.S.A., N.A., the case in the text involving whether a bank may obtain an individual's credit report to determine whether to extend credit after providing a prequalified offer for a credit card? A. The court ruled in favor of the bank on the basis that the prequalification offer revealed that credit could be denied if, after the application was returned, the bank obtained credit reports and determined that the complainants did not meet the bank's standards. B. The court ruled in favor of the bank on the basis that banks may obtain credit reports on any loan applicant. C. The court ruled in favor of the bank on the basis that while banks may not obtain credit reports on each and every loan applicant regardless of circumstances, because of the risk involved, banks may obtain credit reports on any applicant for a credit card. D. The court ruled in favor of the plaintiff because the bank had extended an unqualified offer of a preapproved credit card and had no right to do a credit check. E. The court ruled in favor of the plaintiff because, although the bank had a right to do a credit check, it had no right to deny the credit card because it was preapproved.

Q: Which of the following was the ruling by a majority of the U.S. Supreme Court in Food and Drug Administration Et Al. v. Brown & Williamson Tobacco Corporation Et Al., the case in the text involving whether the Food and Drug Administration has jurisdiction to regulate tobacco products? A. That the Food and Drug Administration has jurisdiction over tobacco products. B. That the Food and Drug Administration has jurisdiction over tobacco products only to the extent that any advertisement may be directed to children. C. That the Food and Drug Administration has jurisdiction over tobacco products only to the extent that it may regulate warnings on packages of tobacco products. D. That the Food and Drug Administration does not have jurisdiction over tobacco products. E. That the Food and Drug Administration does not have jurisdiction over tobacco products unless deceptive advertising is involved.

Q: ________________ are statutes or administrative rules serving to protect consumer interests. A. Civil rights laws B. Consumer laws C. Labor laws D. Employment laws E. Environmental laws

Q: Congress created the Federal Trade Commission (FTC) through the Federal Trade Commission Act of ____. A. 1900 B. 1914 C. 1929 D. 1934 E. 1976

Q: Under the Equal Credit Opportunity Act, creditors may require that a spouse co-sign a loan application regardless of the creditworthiness of the applicant.

Q: Under the Equal Credit Opportunity Act, creditors may not deny credit on the basis that the applicant receives public assistance benefits.

Q: The Consumer Product Safety Commission protects the public from injuries associated with consumer products but lacks the authority to issue product recalls on its own.

Q: The Truth in Lending Act requires that sellers disclose the terms of the credit or loan to help consumers compare credit lines or loans.

Q: The FTC created the Cooling-Off Rule that gives consumers three days to cancel purchases they make from salespeople who come to their homes.

Q: Used-car sales laws are uniform in every state.

Q: Under the Telephone Consumer Protection Act, it is illegal to transmit advertisements via fax unless the recipient agrees to the fax transmission.

Q: Federal Regulations prohibit the advertising of cigarettes on radio and television but allow ads for smokeless tobacco.

Q: Federal laws outlaw the manufacturing of products, which are potentially harmful.

Q: Congress repealed the law prohibiting the sale of highly flammable clothing.

Q: The existence of deceptive advertisements alone is sufficient to prove damages for recovery when individual civil suits are filed for deceptive practices.

Q: Puffery standard China is very similar to the standard used in the U.S.

Q: Bait-and-switch advertising is when sellers advertise a low price for an item generally unavailable to the consumer and then push the consumer to buy a more expensive item.

Q: The FTC decides whether an advertisement is deceptive on a case-by-case basis.

Q: The FTC guidelines provide that if an advertisement is a half-truth, the information presented is true but incomplete, the advertiser committed no wrong.

Q: Ad substantiation is an FTC standard that requires advertisers have a reasonable basis for the claims made in their ads.

Q: The Federal Trade Commission is an independent federal agency whose goal is to protect consumers.

Q: A consent order is an FTC order requiring that a company stop its illegal behavior.

Q: The practice of advertising with claims that mislead or could mislead a reasonable consumer is deceptive advertising.

Q: A consumer law is a statute or administrative rule serving to protect consumer interests.

Q: What three key guidelines regarding mail-order sales were established by the Mail or Telephone Order Merchandise Rule of 1993 that amended the 1975 Mail-Order Rule?

Q: Sam, who is elderly, is very annoyed because he continues to receive magazines and books in the mail from a publisher. He had not requested the publications and has no idea why they started coming. The letters that come with the publications instruct him to return any magazines or books that he does not want. Understandably, postage is becoming expensive for Sam. What law protects him and what option does he have, if any?

Q: Set forth the rights of appeal a company has if issued a cease-and-desist order by the Federal Trade Commission.

Q: How can the Federal Trade Commission protect consumers if most companies within one industry are using the same unfair or deceptive practices?

Q: Mona markets a bell that she claims will automatically quiet a crying baby. Mona advertises on television that the bell has a certain tone that babies love and shows a baby suddenly stop crying when the bell is rung. She charges $50 for each bell for which she incurs $1 in manufacturing charges. The bell was very popular for a few months, but she has started to get complaints; and the Federal Trade Commission has investigated her advertisement regarding the bell. Mona claims that her advertisement is not deceptive. The Federal Trade Commission, however, claims that her advertisement satisfies the three elements necessary for a deceptive claim. What are those three elements?

Q: What is required by the Telemarketing Sales Rule of 1995?

Q: What must a union and employer do once a union has been elected, and what duties does an employer have regarding increasing benefits at that time?

Q: The Burial Emporium. Fred operates a funeral home called Fred's Burial Emporium. Fred likes to keep things simple. He has one flat price with no itemization and requires that customers purchase a complete package from him if they want any services whatsoever. Fred also goes door-to-door selling funeral packages. He tries to visit neighborhoods in which there has been a recent death because residents in the neighborhood will have final arrangements on their minds. He believes and informs customers that once customers sign a contract for burial services, there is no backing out. Fred also obtains a good deal of business from phone solicitation. He enjoys calling late at night, between 10 p.m. and 11 p.m., when people are tired, but before they go to bed. He believes that if people do not feel well, they are more likely to consider funeral arrangements. After some pesky consumer complaints, the Federal Trade Commission and other federal agencies investigate Fred. He hires a good lawyer with his profits in an attempt to stay out of trouble. Which of the following is true regarding Fred's practice of offering one flat price for funeral services with no itemization? A. Federal law does not prohibit that practice. B. That practice is prohibited under federal law in funeral home situations. C. That practice is prohibited under federal law in funeral home situations only if there is no other funeral home within 20 miles. D. That practice is prohibited under federal law in funeral home situations only if there is no other funeral home within 10 miles. E. That practice is prohibited by federal law unless consumers receive a 10% discount as compared to the average price of funeral services in his state.

Q: The Burial Emporium. Fred operates a funeral home called Fred's Burial Emporium. Fred likes to keep things simple. He has one flat price with no itemization and requires that customers purchase a complete package from him if they want any services whatsoever. Fred also goes door-to-door selling funeral packages. He tries to visit neighborhoods in which there has been a recent death because residents in the neighborhood will have final arrangements on their minds. He believes and informs customers that once customers sign a contract for burial services, there is no backing out. Fred also obtains a good deal of business from phone solicitation. He enjoys calling late at night, between 10 p.m. and 11 p.m., when people are tired, but before they go to bed. He believes that if people do not feel well, they are more likely to consider funeral arrangements. After some pesky consumer complaints, the Federal Trade Commission and other federal agencies investigate Fred. He hires a good lawyer with his profits in an attempt to stay out of trouble. Which of the following is true regarding Fred's practice of requiring a complete package purchase from him if the consumer desires any funeral services? A. There is no problem with that practice under federal law. B. There is no problem with that practice under federal law so long as Fred informs customers of that prior to entering into any sales talk and negotiation. C. That practice is prohibited by federal law. D. That practice is prohibited by federal law unless Fred gives a 10% discount as compared to the average price of funeral services in his state. E. That practice is prohibited by federal law unless Fred gives a 20% discount as compared to the average price of funeral services in his state.

Q: Set forth the family-related occurrences under which leave is available under the Family and Medical Leave Act.

Q: Discuss whether you ethically believe employment-at-will should be retained in the U.S. and whether you believe laws currently in place excessively restrict employers insofar as their ability to fire employees is concerned. In your answer specifically reference at least three federal laws impacting the employment-at-will doctrine and whether you believe the laws are needed and appropriate.

Q: Mona is a state representative. She believes that her state should pass a law mandating that all employees receive at least one week of vacation per year. Nick, one of her fellow representatives, tells her that the state legislature cannot do so because federal law may only grant an increase in employment rights. He tells her that only Congress in Washington D.C. could pass a law increasing benefits. Nick, on the other hand, wants to pass a law repealing the federal Age Discrimination in Employment Act because he believes that younger workers should get a break. When Mona challenges him and disagrees, he tells her that state legislatures may reduce federal rights, just not add to them. Who is right on the issues involving vacation and the age act, and why?

Q: Dogs and Formals. Paul owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her. Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Penny immediately sues him in federal court alleging a violation of Title VII. Paul, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high school and college age young ladies attending proms and formals. Paul decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Paul runs an ad in the local paper-seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Paul that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer as well as sales skills. Paul refuses to hire her telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Paul shuts down the formal wear store. Which of the following is true regarding Penny's action in federal court? A. Her lawsuit was improperly filed because she did not first file with the federal Equal Employment Opportunity Commission, and she lacked a right to sue letter. B. Her lawsuit was improperly filed because she did not first insist on mediation. C. Her lawsuit was improperly filed because she did not first insist on arbitration. D. Her lawsuit was properly filed because her state had no state Equal Opportunity Commission. E. Her lawsuit was properly filed regardless of whether or not her state had a state Equal Opportunity Commission.

Q: Dogs and Formals. Paul owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her. Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Penny immediately sues him in federal court alleging a violation of Title VII. Paul, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high school and college age young ladies attending proms and formals. Paul decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Paul runs an ad in the local paper-seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Paul that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer as well as sales skills. Paul refuses to hire her telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Paul shuts down the formal wear store. Which of the following is true involving Paul's plan to require computer training in high school in order to eliminate older workers? A. He is not guilty of any violation without additional evidence of intent to discriminate. B. He is not guilty of any violation because common sense tells us that younger people make better sales clerks. C. He is not guilty of any violation unless he can establish through a survey that most people prefer younger sales clerks. D. He is not guilty of any violation unless he can establish through a survey that most of the formal wear store's customers prefer younger sales clerks. E. He is guilty of violating the Age Discrimination in Employment Act.

Q: Set forth the definition of sexual harassment as stated by the EEOC and accepted by the U.S. Supreme Court.

Q: Dog and Formals. Paul owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her. Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Penny immediately sues him in federal court alleging a violation of Title VII. Paul, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high school and college age young ladies attending proms and formals. Paul decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Paul runs an ad in the local paper-seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Paul that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer as well as sales skills. Paul refuses to hire her telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Paul shuts down the formal wear store. Which of the following is true regarding Paul's test for patience? A. Paul is entitled to test so long as the test is not designed, intended, or used to discriminate; and construct validity references measuring a psychological trait needed to perform the job. B. Paul is entitled to test so long as the test is not designed, intended, or used to discriminate; and credited validity references measuring a psychological trait needed to perform the job. C. Paul is prohibited from performing job testing for psychological traits although he would be allowed to test for other types of skills involving construct validity, such as word processing, so long as it could be shown that the skill was necessary for the job at issue. D. Paul is prohibited from performing job testing for psychological traits although he would be allowed to test for other types of skills involving credited validity, such as word processing, so long as it could be shown that the skill was necessary for the job at issue. E. Paul is prohibited by Title VII from doing any testing at all.