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Law
Q:
Disparate treatment requires ________.
a) belonging to a protected class
b) being qualified
c) the excuse that the position was already filled
d) a&b
e) all
Q:
The standard for disparate treatment was laid out in which case?
a) Brown v. Board of Ed.
b) Griggs v. Duke Power
c) McDonnell Douglas v. Green
d) Univ. of Cal. v. Bakke
e) none
Q:
Disparate impact exists where an employee is treated differently because he or she is a member of a suspect class.
Q:
Enforcement of Title VII of the Civil Rights Act lies with the EEOC.
Q:
The 1964 Civil Rights Act provided for compensatory and punitive damages.
Q:
The Glass Ceiling Commission's authority applies only to women not minorities.
Q:
Drug addicts may be discriminated against.
Q:
Communists are covered under the Civil Rights Act.
Q:
Title V of the Civil Rights Act is the main authority governing employment discrimination.
Q:
The segregation of minorities and whites in schools continued until the Brown v. Board of Ed. decision.
Q:
The first case addressing equal facilities was Brown v. Board of Ed.
Q:
The first law regarding civil rights was the Civil Rights Act.
Q:
The ________ decided the EEOC v. Waffle House case.
Q:
The ________ legitimized voluntary arbitration agreements.
Q:
The ________ is an organization that provides a list of qualified arbitrators.
Q:
An arbitrator's ________ may be enforced in a court of law if it is authorized by a binding agreement.
Q:
________ is considered to be an expeditious and inexpensive alternative to a lawsuit.
Q:
Circuit City v. Adams was decided by:
a) U.S. Supreme Court
b) U.S. Circuit Court
c) U.S. District Court
d) NY Court of Appeals
e) Cal Supreme Court
Q:
Form U-4 is used in the following industries:
a) banking
b) insurance
c) securities
d) all
e) NOTA
Q:
Form U-4 requires ________.
a) voluntary arbitration
b) mandatory arbitration
c) mediator
d) jury trial
e) NOTA
Q:
The Act which first legitimized the use of voluntary arbitration agreements was ________.
a) AAA
b) FAA
c) CBA
d) VAA
e) NOTA
Q:
Arbitration may be ________.
a) expeditious
b) mandatory
c) inexpensive
d) A&C
e) all
Q:
A fee splitting agreement is binding even if it creates a financial burden for the employee.
Q:
The EEOC is not bound by a mandatory arbitration agreement.
Q:
The case which sanctioned mandatory arbitration of statutory rights was EEOC v. Waffle House.
Q:
Employers favor arbitration because juries are removed from the decision-making process.
Q:
Arbitration is an expeditious alternative to a lawsuit.
Q:
________ occurs when the work environment had been so intolerable that the employee is forced to resign.
Q:
________ was designed to permit employers to discharge employees only for cause.
Q:
An employer is guilty of ________ where its motivation for termination is discriminatory.
Q:
If Herman, a real estate broker, signs an exclusive listing with Otto, a home owner, and before the house is sold it burns to the ground, how did the employment relationship terminate, if it did?
a) operation of law
b) revocation of authority
c) none of the above
Q:
Mark is awaiting the results of his bar exam. He tells Paula that he will continue to employ her as his secretary if he passes the exam. If he fails the exam, the employment relationship has been terminated in what way?
a) fulfillment of purpose
b) operation of law
c) unfulfilled condition
d) revocation of authority
e) it did not terminate
Q:
Irving Kaufman, the manager for the Barons singing group, was fired when he demanded more money. By what method was his employment terminated?
a) fulfillment of purpose
b) unfulfilment of purpose
c) mutual agreement
d) revocation of authority
e) none of the above
Q:
Exceptions to termination at-will include ________.
a) for cause
b) public policy
c) layoffs
d) a&c
e) all
Q:
Claims for wrongful termination can be filed for ________.
a) downsizing
b) retaliation
c) alcoholism
d) incompetence
e) a&b
Q:
Retaliatory discharge occurs when a worker is discharged for ________.
a) filing a worker's compensation
b) whistleblowing
c) not performing up to par
d) being a drug addict
e) a&b
Q:
When a worker is forced to resign because the employer is making it impossible to perform his/her job this is ________.
a) retaliatory discharge
b) wrongful discharge
c) constructive discharge
d) none
Q:
At will means the employer can terminate upon giving proper notice.
Q:
Retaliatory Discharge occurs when an employee is terminated for blowing the whistle on an employer's illegal activity.
Q:
The principal exception to termination at-will is public policy.
Q:
When a worker is discharged for appearing as a witness in an employment discrimination or harassment suit this is constructive discharge.
Q:
An employee cannot be discharged because of his involvement in politics outside of work.
Q:
The Model Employment Termination Act was designed to permit employers to discharge employees without cause.
Q:
An employer is guilty of wrongful discharge where its motivation for termination is discriminatory.
Q:
An employer may dismiss an employee at will.
Q:
________ was enacted to safeguard private information of federal employees from being disclosed by the Federal Government.
Q:
The ________ allows consumer reporting agencies to furnish credit reports for employment purposes.
Q:
Time sheets, desk and office searches and tape recorded conversations are examples of ________.
Q:
A broad definition of employee theft includes theft of ________.
Q:
________ is one to which a dishonest employee has added names that are unauthorized and fictitious.
Q:
________ occurs when an employee decides to go public with an allegation of wrongdoing on the employer's part.
Q:
Theft of time can include:
a) goofing off
b) conducting personal business
c) long lunch breaks
d) none
e) all
Q:
In O"Connor v. Ortega, Ortega had a reasonable expectation of privacy in his ________.
a) office
b) desk
c) file cabinets
d) all
e) none
Q:
Generally, the following methods of security may be used:
a) tape recorded conversations
b) electronic surveillance
c) polygraphs
d) A&B
e) none
Q:
The following Acts protect privacy:
a) Omnibus Crime Control and Safe Streets Act
b) Electronics Communications Act
c) Freedom of Information Act
d) A&B
e) All
Q:
Privacy is safeguarded by the ________.
a) Privacy Act
b) 1st Amendment
c) 4th Amendment
d) A&C
e) All
Q:
Which is more serious?
a) libel
b) slander
c) equal
Q:
While in Bill's office, Charles, a vice-president, says to Bill, the treasurer, "you are a liar and a thief", Charles has committed:
a) libel
b) slander
c) both
d) neither
Q:
6. If a company has 40 employees, but issues 43 checks, it will not be able to recover the value of the 3 extra checks from the bank who cashed them for the impostor.
Q:
Conversion is the unlawful taking of personal property from the possession of another.
Q:
Shoplifting and employee theft both cost businesses the same amount.
Q:
Publication of private matters that are newsworthy is privileged as long as it does not violate ordinary decencies.
Q:
Truth is an absolute defense to slander, but not libel.
Q:
Libel is oral defamation.
Q:
The ________ test provides more drug information than the urine test.
Q:
________ is intended to minimize drug use by employees of federal contractors.
Q:
The ________ stipulates employers generally cannot require an employee to take a polygraph.
Q:
Opponents of drug testing base their argument on the ________Amendment.
Q:
Opponents of drug testing argue privacy does extend to ________.
a) the confiscation of urine
b) the confiscation of hair
c) the confiscation of blood
d) b and c
e) all
Q:
The main argument against drug testing is ________.
a) expensive
b) time consuming
c) privacy
d) unreliable tests
e) none
Q:
The main loss to employers from drug use is ________.
a) less productivity
b) employee theft
c) use of sick time
d) violent behavior
e) none
Q:
Which of the following are generally acceptable for pre-employment use?
a) medical
b) drug
c) polygraph
d) A&B
e) all
Q:
To safeguard against drug users, private companies ________.
a) create drug-rehabilitation programs
b) increase supervision
c) post warnings against drug use
d) a&c
e) all
Q:
Residency tests may be used by ________.
a) local government
b) private companies
c) both
d) neither
Q:
Examples of honesty tests include:
a) polygraphs
b) aptitude tests
c) voice stress tests
d) a&c
e) all
Q:
The standard for requiring a drug test in a federal agency is ________.
a) probable cause
b) reasonable suspicion
c) mere likelihood
d) under no circumstances
Q:
The argument for drug testing is based on the 4th Amendment.
Q:
Polygraphs may be used in positions involving public transportation.
Q:
Polygraph tests are generally not permissible in private industry.
Q:
Residency tests are generally only permissible for civil servant positions.