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Business Law
Q:
Under the Americans with Disabilities Act of 1990, an employer must hire unqualified applicants who have disabilities.
Q:
State employers are not immune from private suits brought by employees under the Americans with Disabilities Act of 1990.
Q:
State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act of 1967.
Q:
Under the Age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person "outside the protected class."
Q:
Under the Age Discrimination in Employment Act of 1967, the plaintiff must show that unlawful discrimination was the reason for an adverse employment action.
Q:
A plaintiff who proves unlawful discrimination may be awarded reinstatement, back pay, but not retroactive promotions.
Q:
There is no cap on damages for discrimination in violation of the Civil Rights Act of 1964.
Q:
Protection against discrimination under the Civil Rights Act of 1964 does not extend to situations in which individuals are harassed by members of the same gender.
Q:
An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action.
Q:
When the harassment by co-workers creates a hostile working environment, an employee may have a cause of action against the employer.
Q:
A tangible employment action is a significant change in employment status or benefits.
Q:
Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964.
Q:
An employee's resignation must be the foreseeable result of an employer's discriminatory action to support a showing of constructive discharge.
Q:
Sexual harassment occurs only if sexual favors are demanded of an employee.
Q:
Federal law does not prohibit employers from engaging in gender-based wage discrimination.
Q:
Federal law does not prohibit employers from classifying jobs as male or female.
Q:
A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.
Q:
Employers can treat their employees more or less favorably based on their religious beliefs or practices.
Q:
Employers cannot forbid their employees from participating in any religious activity.
Q:
The Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males.
Q:
The Civil Rights Act of 1964 does not protect against reverse discrimination.
Q:
The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of national origin.
Q:
Disparate-impact discrimination occurs when a protected class of individuals is adversely affected by an employer's practices, even though they do not appear to be discriminatory.
Q:
Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.
Q:
Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.
Q:
Any employee, except an undocumented alien, can bring an action for employment discrimination.
Q:
The Civil Rights Act of 1964 does not prohibit job discrimination in the hiring process.
Q:
Title VII of the Civil Rights Act of 1964 does not apply to employers with only five employees.
Q:
Healthy Harvest Company runs a candy and fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Occasionally, a position opens for an individual with highly specialized skills, particularly to operate and maintain the company's inventory and sales control systems. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? Can the company hire a noncitizen with special skills for certain jobs? If so, what procedures must the employer follow in both situations to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?
Q:
Borealis Power Company is subject to mandatory workers' compensation laws in the states in which it does business. Chad and Dex work for Borealis as part of a crew that travels to remote locations to repair downed power lines and other damaged equipment. At a distant site, Chad is injured in an accident that is entirely Dex's fault. Chad files a claim for workers' compensation. Should the claim be granted? What would be Borealis's best defense against it?
Q:
The employee union at Top Tech Toys decides to go on strike. Their strike will be legal if
a. the strikers form a picket line.
b. the strikers form a massed barrier and deny management and nonunion workers access to Top Tech Toys' plant.
c. the strikers stay in Top Tech Toys' plant without working.
d. the strikers violently attack management.
Q:
Dag is an employee of Ridge Mining Company. Under federal labor law, Dag and other employees have the right to
a. bargain collectively with Eagle through their representatives.
b. insist that Ridge require union membership as a condition of work.
c. interfere with the efforts of others to form labor organizations.
d. refuse to bargain with Ridge through their representatives.
Q:
Following a union election campaign by Service Employees International Union among the employees of Quality Hotels & Resorts, Inc., the union does not obtain a majority vote in the election. This most likely violates
a. federal labor law.
b. federal elections law.
c. federal employment discrimination law.
d. no federal law.
Q:
During a union election campaign, Sapphire Blue Finance Company prohibits on-site solicitations by Credit Workers Union, which is seeking the workers' unionization, while permitting charities to solicit the same workers. This violates
a. federal labor law.
b. federal elections law.
c. federal employment discrimination law.
d. no federal law.
Q:
During a union election campaign, Autowerks Repair, Inc., prohibits on-site solicitations by any party, including Mechanics Union, which is seeking the workers' unionization. This violates
a. federal labor law.
b. federal elections law.
c. federal employment discrimination law.
d. no federal law.
Q:
Elections for union officers are regulated by
a. the Labor-Management Relations Act.
b. the Civil Rights Act.
c. the Labor-Management Reporting and Disclosure Act.
d. no federal law.
Q:
Clerical Workers Union represents the employees of Miracle Medical Research Company. The management of the firm refuses to bargain with the union over the hiring of unnecessary workers. This violates
a. federal labor law.
b. state right-to-work laws.
c. federal employment discrimination law.
d. no federal or state law.
Q:
Food Packagers Union represents the workers of Garden Variety, Inc. The company does not require its workers to join the union as a prerequisite to obtaining employment. The union would like the employer to require the workers to join after a specified amount of time on the job. This would violate
a. federal labor law.
b. federal full employment law.
c. federal employment discrimination law.
d. no federal law.
Q:
Employers are not allowed to interfere with employees' efforts to form or join a union under
a. the Norris-LaGuardia Act.
b. the National Labor Relations Act.
c. the Labor-Management Reporting and Disclosure Act.
d. the Labor-Management Relations Act.
Q:
Finance Professionals Union represents the workers of Business & Commerce Banking Corporation. The management of the firm refuses to bargain with the union. This violates
a. federal labor law.
b. state right-to-work laws.
c. federal wage and hour laws.
d. no federal or state law.
Q:
Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Fruits & Vegetables can hire illegal immigrants
a. if either the employer or the immigrants file special forms.
b. only if the employer files a special form.
c. only if the immigrants file special forms.
d. under no circumstances.
Q:
Hu, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by
a. the employer.
b. the individuals.
c. the individuals' countries of origin.
d. the U.S. Citizenship and Immigration Services.
Q:
Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for
a. a random selection of new hires.
b. every other new hire.
c. new hires with certain racial or ethnic characteristics.
d. each new hire.
Q:
Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico. Due to the location, it would be easier for Southwestern to employ noncitizens. With respect to persons not authorized to work in the United States, an employer can
a. hire them.
b. recruit them.
c. refer them for a fee.
d. not hire them, recruit them, or refer them for a fee.
Q:
Sunny Energy Company wants to genetically test its workers for potentially significant, future health problems. Sunny may
a. discharge employees who test "positive."
b. discriminate against job applicants who test "positive."
c. deny group health insurance for its employees who test "positive."
d. not make employment decisions based on genetic testing.
Q:
Nimble Numbers Accounting Corporation, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly prohibits Nimble from subjecting its employees to
a. job-skills tests.
b. monitoring of business communications.
c. drug tests.
d. lie-detector tests.
Q:
The Employee Polygraph Protection Act of 1988 prohibits most private employers from doing all of the following except
a. requiring or causing employees or job applicants to take lie-detector tests.
b. using, accepting, or referring to, or asking about the results of lie-detector tests taken by employees or applicants.
c. taking or threatening negative employment-related action against employees or applicants based on results of lie-detector tests.
d. using lie-detector tests to investigate losses due to theft.
Q:
Samson is a government employee. Samson is limited in drug testing by the
a. First Amendment.
b. Second Amendment.
c. Fourth Amendment.
d. Eighth Amendment.
Q:
Network Industries, Inc., wants to monitor its employees' electronic communications. To avoid liability under laws related to employee monitoring, Network should announce the monitoring to
a. no one.
b. the employees.
c. the government.
d. the public generally.
Q:
Investors Fund, a large financial institution, announces that it will start monitoring its employees' electronic communications. If Mary, an Investors Fund employee, resists this policy, her best argument is that the monitoring violates
a. employee privacy rights.
b. worker health and safety.
c. federal labor law.
d. the employment-at-will doctrine.
Q:
Which of the following is not a common form of electronic surveillance of employees in the workplace?
a. Reviewing employees' emails
b. Requiring employees to wear electronic location monitoring bracelets
c. Video-recording job performance
d. Listening to employees' telephone conversations
Q:
Julie works as an employee for Organic Produce Express, Inc. (OPI). Rowan, who is unemployed, collects unemployment compensation. This compensation is provided by a tax on
a. Julie and other employees.
b. Julie, OPI, and other employees and employers.
c. OPI and other employers.
d. not Julie, OPI, or other employees or employers.
Q:
Phyllis intentionally injures herself while performing her job for Stone Cutters, Inc. Phyllis will be entitled to
a. full workers' compensations.
b. half of the normal workers' compensation.
c. 10 percent of the normal workers' compensation.
d. no workers' compensation.
Q:
Clive works for Digby Excavation Corporation. While operating a backhoe, Clive suffers an injury. Clive will be compensated under state workers' compensation laws only if
a. he does not have health insurance.
b. he is completely disabled.
c. his injury was accidental.
d. his injury was intentional.
Q:
Hoppy, who works as an employee for Imperial Power Corporation, suffers an injury in an accident. Hoppy will be compensated under state workers' compensation laws
a. only if the injury occurred during working hours.
b. only if the injury occurred off the job.
c. only if the injury occurred on the job.
d. whenever and wherever the injury occurred.
Q:
Jo works for Tall Tales Publishing, Inc. The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA) is based on her
a. seniority at Tall Tales.
b. annual wage base.
c. special job skills.
d. county of residence.
Q:
Quinn is an employee of Regional Industries, Inc. Quinn is threatened with a discharge when he refuses a transfer to a Regional department in which several employees suffered serious injuries from exposure to hazardous chemicals. Quinn may be entitled to protection from discharge under
a. no law.
b. the Family and Medical Leave Act.
c. the Occupational Safety and Health Act.
d. the state workers' compensation act.
Q:
Big Drill Oil Company employees one hundred workers. Big Drill must do all of the following except
a. keep occupational injury and illness records for each employee.
b. report any work-related diseases directly to OSHA.
c. report any employee death due to a work-related incident to OSHA within eight hours.
d. pay employees higher wages for working in more dangerous areas.
Q:
Caf Cuisine Dining, Inc., employs one hundred workers at three locations in two states. Under federal law, Caf Cuisine must provide its employees, during any twelve-month period, family or medical leave of up to
a. twelve days.
b. twelve weeks.
c. twelve months.
d. twelve years.
Q:
Mythic Games Company employs two hundred workers full-time. If Mythic Games plans to have a mass layoff, it must provide its employees with at least
a. thirty days of notice.
b. sixty days of notice.
c. ninety days of notice.
d. one year of notice.
Q:
Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than
a. eight hours in a day.
b. forty hours in a week.
c. 160 hours in a month.
d. one year for the same employer.
Q:
Tyrone is seventeen years old. Under the Fair Labor Standards Act, he
a. cannot work in a hazardous occupation.
b. cannot work during school hours.
c. must obtain a permit to work.
d. none of the choices.
Q:
Thelma is an employee at Foreign Food Mart. Thelma is called for jury duty and as a result cannot work her scheduled shift at Foreign Food Mart. Foreign Food Mart fires Thelma. This is a violation of
a. an example of the doctrine.
b. an exception based on contract theory.
c. an exception based on public policy.
d. an exception based on tort theory.
Q:
Marvin is an employee of Wild Thing Farms. Marvin finds out that the head of Wild Thing Farms is illegally importing endangered animals to sell as pets. If Marvin reports his employer's illegal activities he will probably be protected fro retaliatory discharge by
a. unemployment statutes.
b. worker compensation statutes.
c. whistleblower statutes.
d. no statutes.
Q:
Workbilt Hardware Company employs workers, including Gina, at six locations in two states. Workbilt's discharge of Gina outside the terms of an employment contract may result in
a. Workbilt's liability for damages.
b. Gina's deportation under the Immigration Act.
c. discontinuance of Gina's health-plan coverage.
d. monitoring Workbilt's communications for privacy violations.
Q:
An employer may not hire substitute workers to replace strikers.
Q:
Management may never legally limit unionizing activities.
Q:
Individual states may pass their own right-to-work laws.
Q:
An employer can refuse to bargain collectively with a duly designated employee representative.
Q:
Unfair labor practices are defined by the Norris-LaGuardia Act.
Q:
The Norris-LaGuardia Act effectively declared a national policy permitting employees to organize.
Q:
To hire employees from other countries, an employer must first obtain the approval of the U.S. Immigration and Customs Enforcement.
Q:
An employer may not hire an illegal immigrant under any circumstances.
Q:
Federal law does not restrict employers' use of the results of genetics tests.
Q:
The privacy rights of private-sector employees are governed by state law, which varies widely.
Q:
Only federal law governs drug tests of private-sector employees.
Q:
An employer may avoid laws regulating monitoring activities by informing employees that they are subject to monitoring.
Q:
Generally, an employer's monitoring of electronic communications in the workplace does not violate employees' privacy rights.
Q:
An employee can continue the health benefits provided by his or her employer for a period of time only on an involuntary loss of employment.
Q:
Employers that fall under the provisions of the Federal Unemployment Tax Act of 1935 are taxed at regular intervals.