Q&A Hero

Q: Can Wal Mart stop all African American male customers each time they exit the store to check their packages? a) in a high crime area b) must stop all male customers c) both d) neither

Q: When a Pakistan male brings a case based on race he often couples this allegation with one based on ________ a) national origin b) religion c) color d) a & b e) all

Q: Which protected class has the most cases filed with the EEOC? a) sex b) national origin c) race d) age e) disability

Q: Color Discrimination applies to people of a) mixed races b) the same race with different pigmentation c) both d) neither

Q: Color discrimination refers to people of mixed races.

Q: There is a statute of limitations for filing under the Reconstruction Era Act.

Q: Congress passed the Reconstruction Era Act after the enactment of the Fourteenth Amendment.

Q: The main reason why cases are not brought under the Reconstruction Era Act is the requirement of intent.

Q: The 15 employee requirement was set forth in the Reconstruction Era Act.

Q: ________ exists when the affirmative action plan selects unqualified minorities and women over white males.

Q: ________ are plans where a fixed number of a suspect class are hired without regard to qualifications.

Q: ________ attempts to achieve equal employment.

Q: ________ is entrusted with hearing violations of Title VII.

Q: The employment selection rate of ________ must be within 80% of the selection rate of ________.

Q: Reverse discrimination applies where preference has been given because of ________. a) race b) national origin c) gender d) a&c e) all

Q: The key to establishing an affirmative action plan in a company is the commitment of ________. a) workers b) management c) stockholders d) SEC e) government

Q: The employment selection rate for minorities must be within what % of minorities? a) sixty b) seventy-five c) eighty d) ninety e) equal to

Q: The test for determining reverse discrimination was based on ________. a) disparate impact b) disparate treatment c) business necessity d) affirmative action e) none

Q: In Grutter v. Bollinger, ________. a) affirmative action plan was upheld b) reverse discrimination existed c) both d) neither

Q: In University of California v. Bakke, ________. a) reverse discrimination existed b) affirmative action plan amounted to a quota c) both d) neither

Q: The first major amendment to Title VII was ________. a) 1991 Civil Rights Act b) Equal Employment Opportunities Act c) Glass Ceiling Act d) Executive Order 11246 e) Equal Pay Act

Q: The Equal Employment Opportunity Act was passed under which President? a) Johnson b) Nixon c) Carter d) Ford e) Clinton

Q: In the University of Michigan cases which school(s) established criteria that was acceptable ________. a) the College of Arts and Sciences b) the Law School c) both d) neither

Q: In affirmative action programs, openings are filled by women and minorities regardless of qualification.

Q: Many employers institute their own voluntary affirmative action plans.

Q: Affirmative action programs are instituted by court order where there has been intentional discrimination.

Q: The concept of affirmative action arose out of an executive order in 1964.

Q: A quota is a permissible form of affirmative action.

Q: ________ exists where an employee is treated differently because he or she is a member of a suspect class.

Q: The ________ is a statistical measure to ascertain disparate impact.

Q: The Glass Ceiling Commission was established by the ________.

Q: The concepts of "business necessity" and "job relatedness" first arose in the ________ case.

Q: Under the concept of ________, employers may compensate employees based on quantity or quality of work performed.

Q: When there is intentional discrimination, the employer will win by showing a BFOQ with regard to ________. a) race b) gender c) religion d) b&c e) all

Q: When there is intentional discrimination against race, the employer will win by showing ________. a) job relatedness b) business necessity c) a&b d) BFOQ e) none

Q: In Griggs v. Duke Power, the number of minorities employed ________. a) in total was satisfactory b) in positions of authority was satisfactory c) both d) neither

Q: To effectuate the Brown v. Board of Ed. decision, what was required? a) integrated public housing b) integrated public schools c) busing d) b&c e) all

Q: Software Plus, Inc. employs fourteen people. In its advertisements, Software stipulates white males under 40 only. Has software violated any of the following? a) Civil Rights Act b) Age Discrimination in Employment Act c) Glass Ceiling Act d) A&B e) None

Q: The following are covered under Title VII: a) government b) employment agencies c) labor unions d) all e) none

Q: The following groups may claim disparate treatment: a) race b) gender c) a&b d) religion e) all

Q: Disparate treatment requires ________. a) belonging to a protected class b) being qualified c) the excuse that the position was already filled d) a&b e) all

Q: The standard for disparate treatment was laid out in which case? a) Brown v. Board of Ed. b) Griggs v. Duke Power c) McDonnell Douglas v. Green d) Univ. of Cal. v. Bakke e) none

Q: Disparate impact exists where an employee is treated differently because he or she is a member of a suspect class.

Q: Enforcement of Title VII of the Civil Rights Act lies with the EEOC.

Q: The 1964 Civil Rights Act provided for compensatory and punitive damages.

Q: The Glass Ceiling Commission's authority applies only to women not minorities.

Q: Drug addicts may be discriminated against.

Q: Communists are covered under the Civil Rights Act.

Q: Title V of the Civil Rights Act is the main authority governing employment discrimination.

Q: The segregation of minorities and whites in schools continued until the Brown v. Board of Ed. decision.

Q: The first case addressing equal facilities was Brown v. Board of Ed.

Q: The first law regarding civil rights was the Civil Rights Act.

Q: The ________ decided the EEOC v. Waffle House case.

Q: The ________ legitimized voluntary arbitration agreements.

Q: The ________ is an organization that provides a list of qualified arbitrators.

Q: An arbitrator's ________ may be enforced in a court of law if it is authorized by a binding agreement.

Q: ________ is considered to be an expeditious and inexpensive alternative to a lawsuit.

Q: Circuit City v. Adams was decided by: a) U.S. Supreme Court b) U.S. Circuit Court c) U.S. District Court d) NY Court of Appeals e) Cal Supreme Court

Q: Form U-4 is used in the following industries: a) banking b) insurance c) securities d) all e) NOTA

Q: Form U-4 requires ________. a) voluntary arbitration b) mandatory arbitration c) mediator d) jury trial e) NOTA

Q: The Act which first legitimized the use of voluntary arbitration agreements was ________. a) AAA b) FAA c) CBA d) VAA e) NOTA

Q: Arbitration may be ________. a) expeditious b) mandatory c) inexpensive d) A&C e) all

Q: A fee splitting agreement is binding even if it creates a financial burden for the employee.

Q: The EEOC is not bound by a mandatory arbitration agreement.

Q: The case which sanctioned mandatory arbitration of statutory rights was EEOC v. Waffle House.

Q: Employers favor arbitration because juries are removed from the decision-making process.

Q: Arbitration is an expeditious alternative to a lawsuit.

Q: ________ occurs when the work environment had been so intolerable that the employee is forced to resign.

Q: ________ was designed to permit employers to discharge employees only for cause.

Q: An employer is guilty of ________ where its motivation for termination is discriminatory.

Q: If Herman, a real estate broker, signs an exclusive listing with Otto, a home owner, and before the house is sold it burns to the ground, how did the employment relationship terminate, if it did? a) operation of law b) revocation of authority c) none of the above

Q: Mark is awaiting the results of his bar exam. He tells Paula that he will continue to employ her as his secretary if he passes the exam. If he fails the exam, the employment relationship has been terminated in what way? a) fulfillment of purpose b) operation of law c) unfulfilled condition d) revocation of authority e) it did not terminate

Q: Irving Kaufman, the manager for the Barons singing group, was fired when he demanded more money. By what method was his employment terminated? a) fulfillment of purpose b) unfulfilment of purpose c) mutual agreement d) revocation of authority e) none of the above

Q: Exceptions to termination at-will include ________. a) for cause b) public policy c) layoffs d) a&c e) all

Q: Claims for wrongful termination can be filed for ________. a) downsizing b) retaliation c) alcoholism d) incompetence e) a&b

Q: Retaliatory discharge occurs when a worker is discharged for ________. a) filing a worker's compensation b) whistleblowing c) not performing up to par d) being a drug addict e) a&b

Q: When a worker is forced to resign because the employer is making it impossible to perform his/her job this is ________. a) retaliatory discharge b) wrongful discharge c) constructive discharge d) none

Q: At will means the employer can terminate upon giving proper notice.

Q: Retaliatory Discharge occurs when an employee is terminated for blowing the whistle on an employer's illegal activity.

Q: The principal exception to termination at-will is public policy.