Q&A Hero

Q: Which of the following is true of states that have enacted right-to-work laws? A. These states require nonmembers to pay union fees or dues. B. These states allow nonmembers to be represented by unions in collective bargaining. C. These states permit union security arrangements in collective-bargaining agreements. D. These states require employers to hire only individuals who already belong to unions.

Q: _____ is a practice in which employers can hire only individuals who already belonged to unions. A. Closed-shop arrangement B. Runaway shop arrangement C. Agency shop arrangement D. Open-shop arrangement

Q: What is meant by a labor unions duty of fair representation?

Q: Why was the LandrumGriffin Act enacted by the Congress? Explain in brief the set of provisions known as the Bill of Rights contained in this act.

Q: Which of the following statements about lockouts is true? A. The National Labor Relations Board (NLRB) prohibits lockouts as defensive acts to protect businesses against sudden strikes. B. Some court decisions have expanded lawful lockouts to include those of an offensive nature designed to improve managements bargaining position. C. Lockouts are clearly lawful even if they are designed to interfere with union members bargaining rights and other legitimate union activity. D. The courts consider lockouts to be unfair labor practices, even if they are initiated to prevent sabotage or violence.

Q: In the context of labor union security arrangements, a collective-bargaining clause requiring all employees to pay union dues and fees is referred to as a(n) _____. A. runaway shop strategy B. agency shop agreement C. right-to-work strategy D. open-shop agreement

Q: Which of the following is true of economic strikes? A. All strikes involving unfair labor practices fall into this category. B. Economic strikers can be fired by the employers. C. The use or threat to use permanent replacements has become a powerful tool for employers facing economic strikes. D. They are initiated by workers when the employers interfere with legitimate union activities or fail to bargain in good faith.

Q: Which of the following statements is true of primary picketing? A. It is expressed directly to the employer with whom the picketers have a dispute. B. It is protected by the National Labor Relations Act, even if it is for an unlawful purpose. C. It does not have constitutional or statutory protection. D. It does not constitute an unfair labor practice, even if the picketers are violent or coercive.

Q: A local steel plant workers union is in a dispute with Flag Steels Inc. In order to put pressure on the owners of Flag Steel, the union threatens a client of Flag Steel. Which of the following is true of this action? A. It is a legal and effective way for the union to get its demands met. B. It is a method that enjoys broad constitutional and statutory protection. C. It is an unfair labor practice known as secondary picketing. D. It is a peaceful, informational form of picketing for a lawful purpose.

Q: _____ refers to the initiative taken by the management in labor disputes by not allowing some or all of its employees to work. A. Closed-shop B. Lockout C. Salting D. Picketing

Q: Which of the following would most likely be the result of mandatory bargaining between employers and labor representatives? A. A change from an eight hour, five-day work week to a ten hour, four-day work week B. A change in the internal affairs of a union C. A new economic decision to phase out a product line D. A new agreement between the employees and the management to settle strikes

Q: Which of the following would most likely be the result of permissive bargaining between employers and labor representatives? A. A change from an eight hour, five-day work week to a ten hour, four-day work week B. An agreement to increase the salary of each employee by $500 per month C. An alteration in employee termination policy, increasing the notice period by two months D. A new agreement between the employees and the management to settle strikes

Q: Which of the following is a permissive bargaining subject? A. Wages B. Internal union affairs C. Working hours D. Conditions of employment

Q: Which of the following is true of unfair labor practice strikes? A. They are used purely as economic weapons to persuade employers to provide more favorable benefits or better working conditions. B. The strikers can be permanently replaced by the management. C. The law prohibits such strikes. D. They are instituted by workers when the employers interfere with legitimate union activities or fail to bargain in good faith.

Q: Section 9 of the National Labor Relations Act: A. lists activities constituting unfair labor practices by a labor organization. B. specifies the election procedures by which employees may choose whether to be represented by a particular union or no union at all. C. lists activities constituting unfair labor practices by an employer. D. ensures that employers will not be able to interfere with union activities by either seizing control of the unions or refusing to bargain collectively.

Q: The National Labor Relations Board: A. provides protection to independent contractors. B. allows employers to discharge employees if they are part of any labor organizations. C. covers railroad and airline employees. D. investigates and adjudicates charges of unfair labor practices.

Q: What is the key consideration in establishing an appropriate employee bargaining unit? A. The interests of the management B. The community of interest among the employees C. The interest of the labor union D. The inclusion of supervisors in the bargaining unit

Q: The practice of union organizers applying for jobs with the intent of unionizing the other employees from the inside is referred to as _____. A. salting B. picketing C. crowdsourcing D. whistleblowing

Q: Section 8(c) of the _____ is designed to ensure employers and labor organizations traditional First Amendment rights as long as they do not overstep certain bounds. A. Sherman Antitrust Act B. Norris-LaGuardia Act C. Taft Hartley Act D. Wagner Act

Q: Which of the following is true of decertification of a union? A. The employees must be able to demonstrate at least 30 percent support for their petition for decertification of a union. B. A union is decertified if it refuses to bargain over a permissive employment subject. C. The employees are required to file a decertification petition with the Equal Employment Opportunity Commission. D. A new representation election can be conducted within a month after the decertification of a union.

Q: Section 8(a)(5) of the National Labor Relations Act (NLRA): A. sets out some mandatory subjects over which the parties must bargain. B. guarantees union members equal voting rights, the right to sue a union, and the rights of free speech and assembly. C. lists activities constituting unfair labor practices by a labor organization. D. requires an employer to engage in good-faith collective bargaining with a representative of the employees.

Q: Which of the following actions of a labor organization would be regarded as an unfair labor practice as per Section 8(b) of the National Labor Relations Act? A. Refusing to reach an agreement in a collective bargaining arrangement B. Raising permissive subjects related to employment during the bargaining process C. Trying to make an employer compensate workers for additional services rendered D. Inducing an employer to engage in secondary boycott activities

Q: Which of the following acts ensured employers right to speak out in opposition to union organizingin effect, protecting their First Amendment right to freedom of speech? A. The Norris-LaGuardia Act B. The Wagner Act C. The Taft-Hartley Act D. The Landrum Griffin Act

Q: Which of the following statements is true of the TaftHartley Act? A. It declared that refusal to bargain over a permissive subject constituted a National Labor Relations Act violation. B. It gave the National Labor Relations Board the authority to govern the result of a collective bargaining arrangement. C. It signaled a move by the government away from unconditional support for labor toward a balance of rights between labor and management. D. It allowed employees to claim compensation from employers for services not performed.

Q: Which of the following is true of the Landrum Griffin Act? A. It prohibits union members from speaking or voting at the union meetings. B. It requires unions to keep records of their funds. C. It allows unions to lend money without reporting to the government. D. It holds that the terminology restraint of trade was meant to include labor organizations.

Q: The _____ contains a set of provisions often referred to as the Bill of Rights for individual union members. A. Norris-LaGuardia Act B. Wagner Act C. Sherman Antitrust Act D. LandrumGriffin Act

Q: Which of the following actions of an employer would be regarded as an unfair labor practice as per Section 8(a) of the National Labor Relations Act? A. Using lockouts as defensive acts to protect businesses against sudden strikes and to prevent sabotage or violence B. Discouraging membership in any labor organization by discrimination in regard to hiring or any other term of employment C. Agreeing to bargain collectively with a duly certified representative of the employees D. Firing employees for indulging in any unlawful activity at the workplace

Q: What is a bona fide occupational qualification (BFOQ)? How can an employer establish a BFOQ?

Q: Define quid pro quo sexual harassment and hostile environment sexual harassment.

Q: Which of the following statements is true of the Knights of Labor, the first major labor organization in the United States? A. It restricted its membership to male workers. B. It included only bankers and stockbrokers. C. It dedicated itself to principles of social reform. D. It competed with the American Federation of Labor (AFL).

Q: Which act passed by the Congress in 1932 made it clear that the terminology restraint of trade was not meant to include labor organizations or activities? A. The Norris-LaGuardia Act B. The Sherman Antitrust Act C. The Taft-Hartley Act D. The Wagner Act

Q: The Wagner Act: A. made it clear that the terminology restraint of trade was not meant to include labor organizations or activities. B. gave workers for the first time the unequivocal right to organize and engage in concerted activities for their mutual aid and benefit. C. identified as unfair labor practices certain activities unions used to exercise economic leverage over employers as part of the collective bargaining process. D. ensured employers right to speak out in opposition to union organizingin effect, protecting their First Amendment right to freedom of speech.

Q: Describe the role of Equal Employment Opportunity Commission (EEOC) in employment discrimination enforcement.

Q: What are the remedies available to victims of unlawful employment discrimination?

Q: Contrast disparate treatment with disparate or adverse impact.

Q: In the context of employment discrimination, how is a plaintiffs prima facie case of disparate treatment confirmed?

Q: Briefly discuss the Civil Rights Act of 1866.

Q: Briefly explain the effect of the Civil Rights Act of 1964 on employment discrimination.

Q: Which of the following statements is true of the Americans with Disabilities Act (ADA)? A. It requires that pregnant employees be treated the same as all other employees with temporary disabilities. B. It does not protect employees with past drug or alcohol problems. C. It requires an employer to provide an accommodation for disabled employees even if it creates an undue hardship for the employer. D. It excludes from its protection job applicants and employees who currently use illegal drugs.

Q: Which of the following is true about accommodating individuals with disabilities? A. The Americans with Disabilities Act (ADA) allows employers to discriminate in hiring or employing any individual with a disability. B. The Americans with Disabilities Act (ADA) requires disabled employees to make their own reasonable accommodations. C. An employer is required to provide an accommodation for disabled employees even if it would create an undue hardship for the employer. D. An employer should engage in an interactive dialogue with the concerned employee to explore possible reasonable accommodations.

Q: The 2013 version of _____ prohibits employers from discriminating on the basis of an employees actual or perceived sexual orientation. A. the American with Disabilities Act B. the Genetic Information Nondiscrimination Act C. the Employment Non-Discrimination Act D. the Fair Labor Standards Act

Q: Discrimination against transsexuals based on sex stereotyping is prohibited under _____. A. the Americans with Disabilities Act B. Section 2-306 of the Uniform Commercial Code C. the Genetic Information Nondiscrimination Act D. Title VII of the Civil Rights Act of 1964

Q: Which of the following is a protected activity under Title VIIs (the Civil Rights Act of 1964) antiretaliation provision? A. An employer discriminating against an employee who opposes an employment practice that violates Title VII B. A victim of sexual harassment at a workplace seeking recovery under Title VII by suing the person who actually committed the harassment C. An employer forcing a pregnant employee to take time off or quit D. An employee filing a charge of workplace discrimination

Q: In order to protect against an employers abuse of power and to encourage exercise of employees rights, _____ under Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee for engaging in a protected activity. A. fair trial provision B. antiretaliation provision C. due process provision D. clawback provision

Q: Which of the following statements is true of the antiretaliation provision under Title VII of the Civil Rights Act of 1964? A. It encourages labor unions to engage in closed shop arrangements. B. It discourages exercise of employees rights. C. It shifts the power in an employment relationship in favor of the employer. D. It protects employees opposing an employment practice that violates Title VII.

Q: In the context of employment discrimination, a prima facie case of retaliation requires a(n): A. affirmative action plan initiated by the employer. B. casual connection between the protected activity and the adverse employment action. C. employment practice that does not violate Title VII of the Civil Rights Act. D. employment action benefiting the plaintiff.

Q: _____ 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. A. Statutory defense B. Disparate treatment C. Affirmative action D. Retaliation provision

Q: Which of the following is a feature of the Americans with Disabilities Act (ADA)? A. It seeks to remove employment barriers to provide a full, productive life for individuals with disabilities. B. It protects employees who are 40 years and older from employment discrimination based on their age. C. It requires an employer to make workplace accommodations for disabled employees even if it results in an undue hardship for the employer. D. It requires that pregnant employees be treated the same as all other employees with permanent disabilities.

Q: Which of the following statements is true of the sex discrimination law? A. Sex discrimination claims brought under Title VII of the Civil Rights Act of 1964 include disparate treatment and sexual harassment, but not disparate impact. B. Discrimination is unlawful even if sex is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of a business. C. Asking job applicants about pregnancy by an employer can be considered a form of sex discrimination. D. Federal statutes related to sex discrimination at workplace cover only women.

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: 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: _____ 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: 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: 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: 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: 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: 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.