Q&A Hero

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: 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: 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: 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: 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: 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 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: 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: _____ 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: _____ 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: 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: 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: 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: 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.

Q: Title VII disparate impact suits involve situations in which an employer has treated an individual differently because of the person's race, sex, color, religion or national origin.

Q: The Age Discrimination in Employment Act protects people aged 40 and over from age discrimination.

Q: The Equal Pay Act (EPA) prohibits discrimination in pay based on gender.

Q: Although the Occupational Safety and Health Administration (OSHA) administers the Occupational Safety and Health Act, OSHA is not empowered to inspect businesses to enforce those regulations.

Q: The Occupational Safety and Health Act applies to all employers engaged in a business affecting interstate commerce.

Q: The Family and Medical Leave Act requires employers to pay employees while they take leave for one of the reasons stated in the act.

Q: Unemployment compensation is provided entirely at the federal level, and the states have no role to play in this matter.

Q: The Fair Labor Standards Act requires double-pay for all working hours in excess of 40 per week.

Q: Mr. Blue is driving to work and gets into an accident. Since he was on his way to work Mr. Blue will be able to recover damages through his state's Workers Compensation system.

Q: Recovery for occupational diseases is allowed under the workers' compensation system.

Q: All of the fifty states in the United States have a Workers Compensation system.

Q: Okeydokey, Inc. sells its canned beets to its wholly owned subsidiary, Buylow Co., which then sells the beets in the nationwide chain of Buylow grocery stores. In addition, Okeydokey sells canned beets to various other grocery store chains. The beets sold by Okeydokey to Buylow are packaged by Okeydokey under the Buylow label. The beets sold by Okeydokey to the other grocery store chains are packaged under the Okeydokey label. Despite the different names, however, the beets sold by Okeydokey under the two labels are the same in quality. The price at which Okeydokey sells the beets to Buylow is significantly lower than the price at which it sells the beets to the other chains. One of the other chains has brought a Robinson-Patman Act lawsuit against Okeydokey on the theory that Okeydokey engaged in price discrimination. Has Okeydokey violated the Robinson-Patman Act? Explain your reasoning.

Q: Bunyan Corp. has patented a revolutionary chainsaw. In order to maximize the revenues from its patent and recover its research and development expenses, Bunyan requires other manufacturers that make the chainsaw under license from Bunyan to adhere to a minimum price schedule. Bunyan also requires its retail dealers to adhere to a minimum resale price schedule. The Justice Department has challenged Bunyan's marketing practices as unlawful. Is the challenge valid? Explain your reasoning.

Q: Workers' compensation protects not only employees, but independent contractors as well.

Q: Social security basically is a social compromise.

Q: The amount recoverable by an injured employee under each category of damages from a workers' compensation system is frequently more than or at least equivalent to what would be obtained in a successful negligence suit.

Q: Minisculea, a small nation that exists on a Pacific Ocean island, is a major producer and seller of a substance known as XYZ. Minisculea is also the leader of a cartel of other XYZ producers. The cartel has raised XYZ prices, a fact of significant concern to the United States, given the many strategic uses to which XYZ can be put. U.S. officials have engaged in ongoing discussions with Minisculea about this subject. If Minisculea and the other cartel members are sued in a U.S. court for allegedly violating the U.S. antitrust acts by fixing the price at which they sold XYZ to U.S. customers, their best defense would be: A. the state action doctrine. B. the sovereign compulsion doctrine. C. the doctrine of sovereign immunity. D. the act of state doctrine.

Q: Acme Co., a widget manufacturer, is acquiring Basic, Inc., another widget manufacturer. In view of the nature of the widget industry, a manufacturer's sales territories tend to correspond closely to the states in which it has manufacturing plants. Both Acme and Basic have plants in North Carolina, South Carolina, Tennessee, and Kentucky. In addition, Acme has plants in Illinois and Indiana, and Basic has a plant in Ohio. The post-merger market share of the two firms is likely to be 5 percent in the combined North Carolina, South Carolina, Tennessee, Kentucky, Illinois, Indiana, and Ohio markets, 10 percent in the combined North Carolina, South Carolina, Tennessee, and Kentucky markets, and 32 percent in the combined North Carolina-South Carolina market, where Acme and Basic have been historically strong competitors. Which of the above markets is likely to be treated as the relevant geographic market for purposes of determining the legality of the acquisition? Why that market?

Q: Bigcorp, Inc., a huge conglomerate with interests in various industries, is acquiring Odorific Co., the nation's leading manufacturer of men's socks. None of Bigcorp's current "family" of companies purchases socks, nor do any of Bigcorp's suppliers. Bigcorp purchased Odorific after a study conducted by Bigcorp concluded that startup costs in the sock industry made a de novo entry impractical, and that none of the existing men's sock manufacturers other than Odorific could be acquired for a reasonable price. Odorific's competitors were stunned by the acquisition. They wish to challenge the acquisition. Which theory of attack best suits this case? Explain your reasoning.

Q: Soundco, Inc., a leading manufacturer of stereo equipment, sells equipment to both wholesalers and retailers. Soundco regularly charges wholesalers less than it charges retailers for the same equipment. Contending that this pricing practice violated the Robinson-Patman Act, various retailers have sued Soundco. What should Soundco argue in an effort to avoid liability?

Q: Section 2(b) of the Robinson-Patman Act allows a seller to price discriminate in certain geographic areas if the competition has a lower price. What can the seller lower the price to according to section 2(b)? A. To the same price as the competitor B. To intentionally create a price that beats the competitor C. 10% discount off the list price of the seller D. 50% discount off the list price of the seller

Q: _____ of the Robinson-Patman Act prevents large buyers, either directly or through subsidiary brokerage agents, from receiving phony commissions or brokerage payments from their suppliers. A. Section 2(f) B. Section 2(c) C. Section 2(a) D. Section 2(e)

Q: _____ of the Robinson-Patman Act makes it illegal for a buyer knowingly to induce or receive a discriminatory price in violation of Section 2(a) of the Robinson-Patman Act. A. Section 2(f) B. Section 2(c) C. Section 2(d) D. Section 2(e)

Q: Which of the following are exempted from antitrust violations under the Clayton Act? A. Funeral homes and services B. Roofers and shingle manufactures C. Agricultural Cooperatives D. Wireless phone services

Q: Filene's Basement filed for bankruptcy in May 2009. In November 2009, Filene's Basement started its "going-out-of-business" sales. Are such price discriminations legal? A. No, such discounts are per se illegal under Section 7 of the Clayton Act. B. Yes, such discounts are legal because Filene's Basement can legally set resale prices. C. Yes, such discounts are legal under the statutory defense of changing conditions. D. No, such discounts are illegal considering they are provided only for a limited time.

Q: Stitchwell is an apparel manufacturer. Huge Mart, a wholesale dealer, is its largest customer. Huge Mart also owns Gorgeous, a department store chain that deals in apparels, shoes, and accessories. Stitchwell routinely offers "wholesaler special" discounts to Huge Mart and other wholesalers. Are these discounts illegal? A. Yes, these discounts are per se illegal under Section 2(a) of the Robinson-Patman Act. B. No, these discounts are not illegal because Stitchwell can legally set resale prices. C. Yes, these discounts will be deemed illegal if Huge Mart passes them on to Gorgeous customers. D. No, these discounts are not illegal considering they are provided only for wholesalers.

Q: Proof of _____ is often offered as evidence of a seller's anticompetitive intent when proving a primary level violation of the Robinson-Patman Act. A. functional discounts B. predatory pricing C. quantity discounts D. accumulation pricing

Q: For _____, cost justification is the primary statutory defense to liability under Section 2(a) of the Robinson-Patman Act. A. functional discounts B. accumulation pricing C. quantity discounts D. predatory pricing

Q: Which of the following is most likely to violate Section 2(a) of the Robinson-Patman Act? A. Refusing to sell except at a discriminatory price B. Price discrimination for sales to different purchasers made at the same time C. Discriminating between customers when quoting prices D. Price discrimination in consignment transactions

Q: Section 2(a) of the Robinson-Patman Act does not directly address the legality of: A. functional discounts. B. partial payment discounts. C. quantity discounts. D. accumulation discounts.

Q: Mel owns Melco, Inc., which manufactures toys. She provides a functional discount to Carol, a wholesaler of toys. Carol then passes on her discount to Nina, who owns Funland, a toy store. Nina is then able to offer lower prices to toy purchasers. Under the Robinson-Patman Act, this is: A. tertiary level price discrimination. B. secondary level price discrimination. C. valid, if Nina is not in the same territory as Mel. D. valid, as Nina and Carol are not competitors.