Q&A Hero

Q: The Fair Labor Standards Act mandates that employees who are not excluded who work more than ______ hours in a week be paid no less than one and one half times their regular wage for all the hours beyond ______ that they work during a given week. A. 30; 35 B. 35; 40 C. 40; 40 D. 45; 45 E. 50; 50

Q: Which of the following is true regarding whether employers may discriminate against smokers? A. There is a federal law specifically prohibiting employers from firing employees who smoke. B. There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke. C. There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke, and it also requires that employers have a designated smoking area. D. There is no federal law prohibiting employers from firing employees who smoke. E. No states have laws prohibiting employers from firing employees who smoke.

Q: The primary purpose for enactment of the Equal Pay Act is _____________. A. To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job. B. To eliminate situations in which less qualified men were hired as opposed to better qualified women. C. To eliminate situations in which women and men were being paid less than deserved for certain types of work. D. To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job; to eliminate situations in which less qualified men were hired as opposed to better qualified women; and to eliminate situations in which women and men were being paid less than deserved for certain types of work. E. To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job; to eliminate situations in which less qualified men were hired as opposed to better qualified women; but not to eliminate situations in which women and men were being paid less than deserved for certain types of work.

Q: Men and women may be paid different wages under the Equal Pay Act when ____. A. payment is made pursuant to a seniority system B. payment is made pursuant to a merit system C. payment is made pursuant to a system which measures earnings by quantity or quality of production D. payment is made pursuant to a seniority system, when payment is made pursuant to a merit system, and when payment is made pursuant to a system that measures earnings by quantity or quality of production E. payment is made pursuant to seniority system or when payment is made pursuant to a merit system, but not when payment is made pursuant to a system that measures earnings by quantity or quality of production

Q: Which of the following is true regarding discrimination based on sexual orientation? A. There is a federal law specifically prohibiting discrimination based on sexual orientation providing back pay, attorney fees, and punitive damages as available remedies. B. There is no federal law specifically prohibiting discrimination based on sexual orientation, but it is considered by most courts to be included within Title VII's ban of discrimination based on gender. C. There is a federal law specifically prohibiting discrimination based on sexual orientation, but it only provides for back pay as an available remedy. D. There are no federal and no state laws specifically prohibiting discrimination based on sexual orientation. E. While there is no federal law specifically prohibiting discrimination based on sexual orientation, some states do have laws prohibiting discrimination based on sexual orientation.

Q: The Age Discrimination in Employment Act was enacted to prohibit employers from __________ older workers. A. refusing to hire B. discharging C. discrimination terms of employments D. discriminating conditions of employment E. All of these

Q: Age Discrimination in Employment Act applies to private employers having ______ or more employees. A. 50 B. 40 C. 30 D. 20 E. 15

Q: The purpose of the ________________ is to prevent employers from discriminating against employees and applicants with disabilities. A. Americans with Disabilities Act B. Disabled Citizens Act C. Handicapped Americans Act D. Disabled Americans Act E. Disabled Access Act

Q: Which of the following is true regarding caps on punitive damages in Title VII cases based on discrimination other than race? A. Punitive damages are capped at $300,000 for employers of more than 500 employees. B. Punitive damages are capped at $50,000 for employers of between 100 and 200 employees. C. Punitive damages are capped at $25,000 for employers of between 25 and 50 employees. D. Punitive damages are capped at $300,000 for employers of more than 500 employees, at $50,000 for employers of between 100 and 200 employees, and at $25,000 for employers of between 25 and 50 employees. E. There is no cap on punitive damages.

Q: Which of the following is true regarding an award of attorney fees under Title VII? A. Attorney fees are always awarded to the prevailing party in Title VII cases. B. Attorney fees are never awarded to the prevailing party in Title VII cases. C. Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendants. D. Attorney fees are not awarded to prevailing plaintiffs; but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney's fees to the prevailing defendant. E. Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust; and if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney's fees to the prevailing defendant.

Q: __________________ is provided to a plaintiff if the EEOC decides not to sue on behalf of the plaintiff. A. A termination of claim letter B. A reinstatement letter C. A referral letter D. A right-to-sue letter E. None of these because if the EEOC decides not to sue, then the case has no merit; and a plaintiff may not bring a civil suit.

Q: Which of the following was recognized by the U.S. Supreme Court in Oncale v. Sundowner Offshore Services, Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment when the harassers were of the same sex? A. That same sex harassment states a claim under Title VII only if the harasser is a homosexual. B. That same sex harassment may never state a claim under Title VII. C. That same sex harassment may state a claim in the male-to-male context but not in the female-to-female context. D. That same sex harassment may state a claim under Title VII. E. That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment.

Q: Which is a valid defense that allows an employer to discriminate in hiring on the basis of sex, religion, or national origin if doing so is necessary for the performance of the job? A. The Seniority System Defense B. The Merit Defense C. The Bona Fide Occupational Qualification Defense D. The Discrimination Defense E. There is no valid defense.

Q: The bona fide occupational defense does not include which protected classes? A. Race and color B. Sex and religion C. Sex and national origin D. Race and religion E. Race and sex

Q: Which of the following is true regarding whether a nonemployee may hold an employer liable under Title VII for harassment of an employee? A. An employer cannot be held liable in such cases because the employer has no control over the nonemployee. B. An employer is liable as a matter of law in such cases because an employer has an absolute duty to provide a work environment that is free of harassment. C. An employer may be held liable in such cases if the employer knows that a customer repeatedly harasses an employee, yet the employer does nothing to remedy the situation. D. An employer may only be held liable in such cases if quid pro quo harassment is involved. E. An employer may only be held liable in such cases if disparate-impact harassment is involved.

Q: ________________ are also known as unintentional-discrimination cases. A. Disparate-treatment cases B. Disparate-impact cases C. Sexual harassment cases D. Disparate-treatment cases, disparate-impact cases, and sexual harassment cases E. Disparate-treatment cases and disparate-impact cases, but not sexual harassment cases

Q: In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class? A. Disparate-treatment cases B. Disparate-impact cases C. Unequal-distribution harassment cases D. Disparate-treatment cases, disparate-impact cases, and unequal-distribution cases E. Disparate-treatment cases and disparate-impact cases, but not unequal-distribution cases

Q: Under Title VII, a successful plaintiff may be awarded _____________. A. punitive damages B. remedial seniority C. compensatory damages D. reinstatement E. All of these

Q: __________________ may be covered by Title VII. A. Indian tribes B. Private clubs C. Unions D. Employment agencies E. All of these

Q: Title VII applies to employers who have ______ or more employees for ______ consecutive weeks within one year and who are engaged in a business that affects commerce. A. 15; 20 B. 50; 20 C. 15; 30 D. 20; 50 E. 20; 52

Q: What is the first step a plaintiff would establish in order to prove disparate-treatment discrimination in an employment case under Title VII? A. The plaintiff would demonstrate a prima facie case of discrimination. B. The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext. C. The plaintiff would prove beyond a reasonable doubt that discrimination occurred. D. The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused. E. The plaintiff would complain to the Equal Employment Opportunity Commission.

Q: Under Title VII of the Civil Rights Act, which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge? A. The plaintiff wins. B. The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge. C. The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur. D. The burden remains with the plaintiff to prove discrimination beyond a reasonable doubt, a special standard in disparate-treatment cases. E. The burden remains with the plaintiff to establish damages to a reasonable certainty.

Q: ___________ of the Civil Rights Act of 1964 deals with discrimination in employment. A. Title VII B. Title VI C. Title V D. Title IV E. Title III

Q: Discrimination based upon _____________ is protected by Title VII. A. Race and color B. Race, color, and religion C. Race, color, religion, and sex D. Race, color, religion, sex, and national origin E. Race, color, religion, sex, national origin, and age

Q: _______________ is a recognized term for a way to prove discrimination under Title VII. A. Disparate treatment B. Disparate impact C. Similarity differences D. Disparate treatment, disparate impact, and similarity differences E. Disparate treatment and disparate impact, but not similarity differences

Q: __________________ protects employees against discrimination and harassment based upon race, color, religion, national origin, and sex. A. The Civil Rights Act of 1964-Title VII B. The Pregnancy Discrimination Act of 1987 C. The Age Discrimination in Employment Act of 1967 D. The American with Disabilities Act of 1990 E. The Equal Pay Act of 1963

Q: ________________ expands the definition of sex discrimination based on gender. A. The Civil Rights Act of 1964-Title VII B. The Pregnancy Discrimination Act of 1987 C. The Age Discrimination in Employment Act of 1967 D. The American with Disabilities Act of 1990 E. The Equal Pay Act of 1963

Q: The Age Discrimination in Employment Act of 1967 prohibits employers from refusing to hire, discharge or discriminate employment for workers _______ years old or older. A. 21 B. 35 C. 40 D. 55 E. 62

Q: Which of the following was the result on appeal in Polkey v. Transtrecs Corp., the case in the text in which the employee sued after being fired for refusing to take a polygraph test? A. That the employee had no cause of action under the Employee Polygraph Protection Act because of the employment-at-will doctrine and that the Employee Polygraph Protection Act only applied to federal government employees and members of Congress. B. That the employee could not prevail under the Employee Polygraph Protection Act because her employer contracted with the government, and national security was involved. C. That the employee could not prevail under the Employee Polygraph Protection Act because the employer instituted polygraph testing as part of an ongoing investigation. D. Both that the employee could not prevail under the Employee Polygraph Protection Act because her employer instituted polygraph testing as part of an ongoing investigation and also because of national security issues involved with the employer's contract with the government. E. That the employee could prevail under the Employee Polygraph Protection Act.

Q: Under _______________________ an employee may be fired for no reason. A. fire-at-will B. employment-at-will C. no-reason-firing D. without-reason-firing E. unsupported discharge

Q: In the U.S., at-will employment applied in all states with no exceptions until ______. A. 1920 B. 1932 C. 1944 D. 1959 E. 1964

Q: Under Title VII of the Civil Rights Act, employers may not be held liable for harassment of their employees by nonemployees.

Q: Which of the following was the result in Teresa Harris v. Forklift Systems, Inc., the case in the text in which the U.S. Supreme Court addressed the issue of whether an employee must suffer serious psychological damage in order to pursue damages for a claim of sexual harassment? A. That Title VII is limited to "economic" or "tangible" discrimination and that a plaintiff may not recover unless psychological damages were sufficiently severe to result in an economic impact on the plaintiff's ability to work. B. That under Title VII, an economic impact on the plaintiff's ability to earn is unnecessary, but that the plaintiff must demonstrate serious psychological damage. C. That under Title VII, so long as the environment would reasonably be perceived, and is perceived, as hostile or abusive, there is no need for it also to be psychologically injurious. D. That under Title VII, so long as the environment is subjectively perceived, as hostile or abusive, there is no need for it also to be psychologically injurious. E. That under Title VII, whether an environment is psychologically injurious may not be admitted into evidence because such evidence is irrelevant.

Q: The Taft-Hartley Act was passed to further strengthen restrictions on employers regarding unionization.

Q: The National Labor Relations Board is the administrative agency that interprets and enforces the National Labor Relations Act.

Q: Employee are entitled to full pay if they take time off from work under the Family and Medical Leave Act.

Q: Workers' compensation laws are primarily federal laws.

Q: Overall, the percentage of unionized workers in the U.S. has declined since the post-World War II period.

Q: Filing a claim under Title VII is procedurally similar to filing a civil lawsuit.

Q: Under the Americans with Disabilities Act, employers must make reasonable accommodations to known physical or mental disabilities unless the necessary accommodations would impose an undue burden on the employer's business.

Q: The Americans with Disabilities Act is enforced by the Equal Employment Opportunity Commission in the same way that Title VII is enforced.

Q: Only federal laws prohibit discrimination on the basis of sexual orientation.

Q: The issue of whether a hostile work environment exists is only considered by the courts in the area of harassment based upon gender.

Q: The bona fide occupational qualification defense allows an employer to discriminate in hiring on the bases of sex, religion, or national origin if it is necessary for the performance of the job.

Q: A plaintiff may seek legal but not equitable remedies for violations of Title VII.

Q: It is usually more difficult to prove disparate-impact discrimination in employment under Title VII than disparate-treatment.

Q: Two forms of sexual harassment are quid pro quo and creation of a hostile work environment.

Q: Same-sex harassment is not covered by the Civil Rights Act.

Q: Disparate treatment is when an employee intentionally discriminates an employee based upon membership in a protected class.

Q: State laws may give employees more, but not less protection than federal laws.

Q: Title VII of the Civil Rights Acts applies to all employers, no matter how many employees they have.

Q: When an employer could fire a worker for no reason, it is considered at-will employment.

Q: The concept of at-will employment is a relatively new concept, created in the 1950's.

Q: Under employment-at-will, an employee may quit at any time.

Q: Employees are protected in the workplace by federal laws only.

Q: __________________ permit(s) the SEC to exempt persons, securities, and transactions from securities regulations. A. The Sarbanes-Oxley Act of 2002 B. The Securities Acts Amendments of 1990 C. The Market Reform Act of 1990 D. The Securities Enforcement Remedies and Penny Stock Reform Act of 1990 E. The National Securities Markets Improvement Act of 1996

Q: A(n) _______________ is a written document filed with the SEC that contains a description of a security and other financial information regarding the company offering the security. A. security B. prospectus C. advertisement D. proxy E. solicitation

Q: ________________ is the period beginning when an issuer begins to think about issuing securities and ending when the issuer files the registration statement and prospectus with the SEC. A. The initial filing period B. The beginning filing period C. The prefiling period D. The required filing period E. The waiting period

Q: What are the main functions of the Sarbanes-Oxley Act of 2002? A. To issue a cease-and-desist order against violators of any federal securities law and to seek civil money penalties against any violators. B. To create rules to require that brokers and dealers provide information concerning prices ad risks associated with the penny-stock market. C. To permit the SEC to exempt persons, securities, and transactions from securities regulations. D. To increase corporate disclosure requirements and penalize violators more heavily. E. To create the SEC.

Q: _____________________ allows the SEC to suspend securities trading if prices vary excessively in a short time period. A. The Sarbanes-Oxley Act of 2002 B. The Securities Acts Amendments of 1990 C. The Market Reform Act of 1990 D. The Securities Enforcement Remedies and Penny Stock Reform Act of 1990 E. The National Securities Markets Improvement Act of 1996

Q: ___________________ permit(s) the SEC to seek punishment of violators of foreign securities laws. A. The Sarbanes-Oxley Act of 2002 B. The Securities Acts Amendments of 1990 C. The Market Reform Act of 1990 D. The Securities Enforcement Remedies and Penny Stock Reform Act of 1990 E. The National Securities Markets Improvement Act of 1996

Q: For how long does each member at the head of the Securities and Exchange Commission serve? A. Five years B. Three years C. Two years D. One year E. Eighteen months

Q: __________________ regulates how companies issue corporate securities. A. The Securities Act of 1933 B. The Securities Exchange Act of 1934 C. The Depression Act of 1932 D. The Oversight Act of 1935 E. The Stock and Bond Act of 1930

Q: _____________________ oversees the purchase and sale of securities. A. The Securities Act of 1933 B. The Securities Exchange Act of 1934 C. The Depression Act of 1932 D. The Oversight Act of 1935 E. The Stock and Bond Act of 1930

Q: ___________________ created the Public Company Accounting Oversight Board to regulate public accounting firms. A. The Sarbanes-Oxley Act of 2002 B. The Securities Acts Amendments of 1990 C. The Market Reform Act of 1990 D. The Securities Enforcement Remedies and Penny Stock Reform Act of 1990 E. The National Securities Markets Improvement Act of 1996

Q: _____________________ created the Securities and Exchange Commission. A. The Securities Act of 1933 B. The Securities Exchange Act of 1934 C. The Depression Act of 1932 D. The Oversight Act of 1935 E. The Stock and Bond Act of 1930

Q: The Securities and Exchange Commission is headed by how many individuals? A. 50 B. 25 C. 20 D. 10 E. 5

Q: How are the heads of the Securities and Exchange Act chosen? A. They are appointed by the president. B. Each state has one appointee appointed by the governor of each state. C. They are appointed by a two-thirds vote of the Senate. D. They are appointed by a majority vote of the Senate. E. They are appointed by a majority vote of the House of Representatives.

Q: Which of the following was the result on appeal in United States v. Carpenter, the case in the text in which it was claimed that federal securities law was violated by a scheme by which confidential information gained in the course of obtaining news material for the Wall Street Journal was sold to stockbrokers? A. That the defendants were criminally liable for violating federal securities laws by misappropriating material, nonpublic information for their own profit in the purchase and sale of securities. B. That the defendants were not criminally liable for violating federal securities laws by misappropriating material, nonpublic information for their own profit in the purchase and sale of securities but that they could be held liable in a civil action to any investors who suffered harm. C. That the stockbrokers were criminally liable for violating federal securities laws by misappropriating material, nonpublic information for their own profit in the purchase and sale of securities but that there was no basis upon which the newspaper employees could be held criminally liable. D. That the newspaper employees could be held criminally liable for violating federal securities laws by misappropriating material, nonpublic information for their own profit but that there was no basis upon which the stockbrokers could be held liable. E. That there was no basis upon which either the newspaper employees or the stockbrokers could be held criminally liable under federal securities law or under civil causes of action brought by investors.

Q: Which of the following are examples of securities? A. Debentures and stocks B. Warrants, bonds, and stocks C. Stocks and bonds D. Debentures, warrants, and stocks E. Debentures, stocks, bonds, and warrants

Q: _______________________ regulate(s) securities transactions. A. The Securities Act of 1933 B. The Securities Exchange Act of 1934 C. The Anti-Fraud Securities Act of 2001 D. The Securities Act of 1933, the Securities Exchange Act of 1934, and the Anti-Fraud Securities Act of 2001 E. The Securities Act of 1933 and the Securities Exchange Act of 1934, but not the Anti-Fraud Securities Act of 2001

Q: What was the result on appeal in Steven Klein, Warren Brandwine v. General Nutrition Companies Inc., the case in the text in which the plaintiffs claimed that defendant GNC violated several securities regulations by failing to disclose material facts in its prospectus? A. That the defendant violated securities regulations by failing to disclose a possible loss of advertising support based on the advertiser's decrease in sales. B. That the defendant violated securities regulations by failing to disclose a worldwide vitamin E shortage that could affect the defendant's sales. C. That the defendant violated securities regulations by failing to disclose that same-store sales were being adversely affected by the opening by the defendant of new stores in close proximity to old stores. D. That the defendant violated securities regulations by failing to disclose a possible loss of advertising support based on an advertiser's decrease in sales; by failing to disclose a worldwide vitamin E shortage that could affect the defendant's sales; and by failing to disclose that same-store sales were being adversely affected by the opening by the defendant of new stores in close proximity to old stores. E. That there was no violation of securities laws because all alleged omissions were immaterial as a matter of law.

Q: Which of the following was the ruling by a majority of the court in Stoneridge Inv. Partners, LLC v. Scientific-Atlanta Inc., the case in the text in which the U.S. Supreme Court addressed the issue of the liability of bankers, lawyers, and other third parties who did not directly mislead investors but worked with corporations that did? A. That bankers, lawyers, and other third parties who did not directly mislead investors but worked with corporations that did can be held liable to the same extent as the primary wrongdoers. B. That bankers, lawyers, and other third parties who did not directly mislead investors but worked with corporations that did could be held liable to shareholders only if the primary wrongdoers were insolvent and also that the secondary wrongdoers could be punished by criminal prosecution and enforcement actions by the SEC. C. That bankers, lawyers, and other third parties who did not directly mislead investors but worked with corporations that did could be held liable to shareholders only if the primary wrongdoers were insolvent and also that the secondary wrongdoers could not be punished by criminal prosecution and enforcement actions by the SEC. D. That bankers, lawyers, and other third parties who did not directly mislead investors but worked with corporations that did cannot be sued by shareholders and also cannot be held criminally liable or subject to enforcement actions by the SEC. E. That bankers, lawyers, and other third parties who did not directly mislead investors but worked with corporations that did cannot be sued by shareholders but can be subject to criminal prosecutions and enforcement actions by the SEC.

Q: Which of the following was the result on appeal in Securities and Exchange Commission v. Texas Gulf Sulphur Co, the case in the text in which it was alleged that corporate employees possessed inside information involving the likelihood of a major mineral find precluding them from trading in their company's stock? A. That the defendants could not be held liable because they were not executives of the company. B. That the defendants could not be held liable because company policy precluded them from disclosing the information at issue to the public. C. That the defendants could not be held liable because a significant mineral discovery was not sufficiently certain to require disclosure to the public. D. That the defendants could be held liable because of their status as insiders regardless of whether the information would be deemed material. E. That the defendants could be held liable because they failed to reveal material information to the public.

Q: The SEC may issue bounty payments to insider-trading whistle-blowers.

Q: Blue sky law regulates the offering and sale of intrastate securities.

Q: Chinese law fails to provide securities regulation.

Q: ____________________ are financial instruments designed as notes, stocks or bonds which are issued by corporations to raise capital for corporate expansion. A. Acknowledgements B. Securities C. Stock and bond options D. Investment options E. Funding agreements

Q: If an investor purchased securities and suffered damages as a result of an issuer's false or misleading statement, the investor is entitled to bring a civil suit to recover his or her losses.

Q: Under the Securities Exchange Act of 1934, corporate officers are not considered insiders.