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Q:
Name the issues that are classified as compulsory bargaining issues in union negotiations?
Q:
Under the Wagner Act, what are the five unfair labor practices by management?
Q:
What significant impact did the Wagner Act have?
Q:
Name at least four of the specific actions not subject to federal injunction by the Norris-LaGuardia Act.
Q:
Why is the Clayton Act so important to the labor movement?
Q:
What rights do workers enjoy in states with right to work laws? What is the worker's and the union's responsibility in such states?
Q:
Without providing examples, define what is meant by the term, "unfair labor practices".
Q:
What kind of alterations would an employer expect to make to accommodate a disabled employee?
Q:
What kinds of impairments are covered under the ADA and what are not?
Q:
What advantages exist in using Section 1981 instead of Title VII as the basis of a lawsuit?
Q:
What is a seniority system and what does it affect?
Q:
What protections are afforded to employees under the Age Discrimination in Employment Act?
Q:
What is the difference between affirmative action and the setting of quotas?
Q:
Tom is a cop and has a reputation for being one of the toughest men in the precinct. He regularly hangs out with the guys and flirts with the women. After two years he announces that he is gay and always has been. A week later he is fired when his lieutenant announces that he can't trust a gay person and feels too uncomfortable around him. If Tom files a discrimination complaint with the EEOC, what will be the outcome?
Q:
What effect did the Supreme Court case of Adarand Constructors, Inc. v. Pena have in defining affirmative action?
Q:
To win a Title VII case, what must a plaintiff prove?
Q:
How did the 1991 amendments affect the Civil Rights Act of 1964?
Q:
In evaluating undue hardship with regard to the employer's responsibility for making an accommodation for a disabled employee, which of the following is not considered:A.The availability of other employment for the disabled person.B.The cost of accommodation.C.The resources of the employer.D.The nature of the business.
Q:
In a study run by Washington University, investors were asked to evaluate prospectus of a fictional company purported to be going public and specify the amount they would consider investing in the company. Half of the investors received a prospectus with a female CEO and half received a prospectus with a male CEO. The CEO qualifications were nearly identical. Researchers found that:
A.Investors were willing to invest equally whether the CEO was male or female.
B.The variation between investment willingness was only skewed about 10-15% higher towards the company with the male CEO.
C.Investors were willing go provide about 150% more money to the company run by the male CEO.
D.Investors were willing go provide about 300% more money to the company run by the male CEO.
Q:
Remedies for a violation of the ADEA may include:
A.Back pay.
B.Attorney's fees.
C.Reinstatement for an improperly fired employee.
D.All of the above.
Q:
A person may sue for job discrimination based on age using:
A.The 1964 Civil Rights Act.
B.The Equal Employment Opportunity Act.
C.Section 1981 of the Civil Rights Act of 1866.
D.None of the above.
Q:
Under Section 1981 of the Civil Rights Act of 1866:
A.Damages are limited to $300,000 per person.
B.Damages are unlimited.
C.A plaintiff must go through the EEOC to file an employment suit.
D.A plaintiff can sue for unlimited damages for discrimination based on sex, religion, national origin, or age.
Q:
For which of the following would the Age Discrimination in Employment Act prohibit the imposition of a mandatory retirement age at Diamond State Airlines?
A.A secretary.
B.The CEO.
C.The CFO.
D.The Chairperson of the Board.
Q:
With regard to employer provided health and disability plans:
A.An employer that provides childbirth benefits to married women may deny childbirth benefits to single mothers if they find single motherhood morally objectionable.
B.If a female employee undergoes a voluntary abortion, the abortion may be excluded from coverage but the employee is still entitled to other benefits such as sick leave.
C.An employer's plan that covers childbirth for female employees may exclude coverage for wives of male employees.
D.An employer is not required to provide abortion coverage even if the mother's life is endangered.
Q:
An employee must file charges of illegal discrimination with the EEOC within ________ days after the unlawful practice occurred.
A.90.
B.120.
C.180.
D.365.
Q:
California's Proposition 209:
A.Requires affirmative action in all government hiring.
B.Prohibits affirmative action in public employment.
C.Requires affirmatives action plans of all businesses engaged in interstate commerce.
D.Was over-turned on appeal by the Supreme Court.
Q:
Affirmative action:
A.Is the same thing as setting a quota.
B.Is prohibited by the 1991 Civil Rights Act amendments.
C.Requires that federally contracting employers recruit members of minority groups being underrepresented in the workforce.
D.Requires that all employers recruit members of minority groups being underrepresented in the workforce.
Q:
In Oncale v. Sundowner Offshore Services, Inc., the court examined the issue of same sex harassment and stated:
A.Title VII shows a Congressional intent to strike at the entire spectrum of disparate treatment in the workplace.
B.Title VII shows a Congressional intent to strike at the entire spectrum of disparate impact in the workplace.
C.Each of the Federal District courts has embraced the concept of protecting employees from same sex harassment.
D.Same sex harassment can occur with regard to women but does not apply to men.
Q:
Employment testing:
A.Is illegal.
B.Must be job related.
C.Can be general tests of intelligence with no relevance to a specific job.
D.Must be administered by an EEOC representative to be valid.
Q:
Appearance requirements:
A.Are legal as long as they don't have a disparate impact.
B.Are illegal.
C.Are limited to issues of dress.
D.Have not been established as legal or illegal because courts have ruled both ways.
Q:
Eva has opened a women only health spa. She has hired all 20 employees that she needs except for one. Sixteen of the hires are women and four are men who do overnight custodial and maintenance work at night when the spa is closed. She puts an ad in the paper for a locker room attendant and Daniel applies for the job. When Eva tells Daniel that she will only hire a woman, Daniel sues for discrimination based on sex:
A.Daniel wins under Title VII if he can show that he is capable of doing locker room attendant functions.
B.Daniel wins because men are under represented at the spa so, Affirmative Action requires that Eva must start hiring men to cure the imbalance.
C.Eva wins because it's her facility and she can hire and fire whoever she wants.
D.Eva wins because it's likely that she can show that being female is a BFOQ for the position.
Q:
Discrimination based on sexual orientation:
A.Is covered by Title VII.
B.Is not addressed in any federal legislation to date.
C.Is actionable using the Civil Rights Act of 1866.
D.Is made illegal by state law in all states.
Q:
The ADEA recognizes:
A.Only claims based on disparate impact.
B.Only claims based on disparate treatment.
C.Both disparate impact and disparate treatment claims.
D.None of the above. It addresses rules regarding age but not from a discrimination perspective.
Q:
Under Title VII, 'sex' refers to:
A.Sexual orientation.
B.Gender.
C.Heterosexual or homosexual.
D.Frequency.
Q:
With regard to the Equal Pay Act, courts have recognized that "equal" means
A.Identical.
B.Indistinguishable.
C.Substantially equal.
D.Vaguely equal.
Q:
Discrimination in pay is allowed if:
A.It arises from a piecework production system.
B.The discrimination is confidential.
C.The employees involved are of opposite sexes.
D.The salary is not in U.S. dollars.
Q:
Since the addition of the Pregnancy Discrimination Act, employers with health or disability plans must:
A.Cover all abortions.
B.Allow a stated mandatory leave of absence following birth.
C.Cover the wives of male employees as it does female employees.
D.All of the above.
Q:
Your school's police/security force requires that all officers be over 6' and over 200 lbs. This requirement creates a:
A.Disparate treatment regarding men.
B.Disparate impact regarding men.
C.Disparate treatment regarding women.
D.Disparate impact regarding women.
Q:
Under Title VII, sexual harassment:
A.Requires a quid pro quo situation.
B.Must be between an employee and a supervisor to be actionable.
C.Can be the creation of a hostile work environment based on unwanted sexual advances or comments.
D.Can happen only if the people involved are of opposite sexes.
Q:
Section 1981 of the Civil Rights Act of 1866:
A.Was repealed by the passing of the Civil Rights Act of 1964.
B.Addressed the right to contract by all persons.
C.Was the first attempt to launch affirmative action in the U.S.
D.Introduced and established the business necessity defense.
Q:
The business necessity defense is a defense to:
A.Suits alleging disparate treatment.
B.Suits alleging disparate impact.
C.Suits regarding the ADA.
D.Suits arising from HIPAA.
Q:
Which of the following is an example of "race norming"?
A.Setting a quota designed to balance the black/white percentage of an employer's workforce.
B.Conducting lessons in the English language for foreign speaking employees to further effective communications.
C.Designing an employment test and setting the passing male score at 75% and the passing female score at 65%.
D.Firing white employees to make room for new black hires.
Q:
With respect to an employee's religious beliefs, an employer must:
A.Do exactly as the employee expects.
B.Make a reasonable accommodation.
C.Accommodate the employee even if it creates an undue hardship on the employer.
D.Do nothing; religion is not a work place issue.
Q:
Which employers are covered under the Genetic Information Nondiscrimination Act?
A.Employers with 15 or more employees.
B.Government contractors.
C.Government contractors with 250 employees.
D.All employers regardless of size or government affiliation.
Q:
Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking. Furthermore, Kathy is always making provocative comments to him, telling dirty jokes and asking him about his preferences in women which embarrasses him and has caused him to lose sleep. If Mike sues the school for permitting her behavior:
A.The school would win because a woman can't harass a man and he should be flattered rather than upset.
B.The school would win because Mike and Kathy are on the same employment level and Mike can't be truly harassed unless Kathy has the ability to impact his job status; which she doesn't.
C.Mike wins if he had previously complained to the school and they had done nothing to stop the harassment.
D.Mike wins because regardless of notice, the employer is per se liable for any improper activity that occurs on the job and it is their responsibility to know what is happening on their premises.
Q:
The 1991 amendments to the Civil Rights Act allow:
A.Recovery of damages at any time after discrimination is practiced.
B.Recovery of compensatory and punitive damages when employers are guilty of intentional discrimination.
C.Recovery of compensatory and punitive damages when employers are guilty of negligent discrimination.
D.Punitive damages of twice the compensatory damages when negligence is proven.
Q:
Which of the following specifically prohibited the practice of race norming of employment tests?
A.The Civil Rights Act of 1866.
B.The Civil Rights Act of 1964.
C.The Civil Rights Act amendments of 1991.
D.The EEOC through an administrative regulation.
Q:
In 1991, Congress amended the Civil Rights Act to allow recovery of compensatory and punitive damages per person to be up to:
A.$100,000.
B.$250,000.
C.$300,000.
D.$1 million.
Q:
The EEOC was created by the ________:
A.1964 Civil Rights Act.
B.1972 Equal Employment Opportunity Act.
C.Americans with Disabilities Act.
D.Age Discrimination in Employment Act.
Q:
The Pregnancy Discrimination Act does not require an employer to provide medical coverage:
A.For voluntary abortions.
B.For medical complications arising from voluntary abortions.
C.For an abortion performed to save the life of the mother who carried to full term.
D.The act never requires employers to pay for abortions or resultant complications, but only for pregnancy and childbirth costs.
Q:
Interpreting Congressional intent, which of the following is never a BFOQ?
A.Race.
B.Sex.
C.Religion.
D.National origin.
Q:
In U.S. Airways, Inc. v. Barnett, the issue involved a requested accommodation that would violate an established seniority system. The court concluded that:
A.The ADA automatically overrules seniority systems due to the need to protect disabled employees.
B.Seniority systems automatically overrule ADA rules requiring accommodations because of the fundamental unfairness that would occur regarding senior employees.
C.Barnett, seeking the accommodation, must prove that there are special circumstances that would justify the overruling of the seniority system or the system must be honored.
D.U.S. Airways must show that Barnett is not "an individual with a disability" requiring accommodation, or the seniority system must be overruled.
Q:
Assume the same facts as question # 24 above. Ed, a black man and fellow employee with Maria, is interviewed by the EEOC when they arrive to investigate Maria's claim. During the interview, Ed supports Maria's complain verifying each of her claims as being true. When management hears that Ed has cooperated with the EEOC and given damning testimony against the company, they transfer him to their facility at International Falls, MN. Ed's salary remains the same as does his job title. In fact, the standard of living in International Falls is so much lower than where he lives now; it's as if he's received a 25% raise.
A.Ed is the victim of disparate treatment.
B.Ed is the victim of disparate impact.
C.Ed is the victim of retaliation.
D.Ed has no cause of action because his salary and job title have not been affected and he's actually better off salary wise.
Q:
Maria has filed a sexual harassment suit against her employer. She states in the suit that she is often subjected to jokes about her Hispanic heritage. She also has complained that the male employees are frequently staring at her and commenting on her figure in an offensive and provocative way. Furthermore, her suit alleges that her complaints to her supervisor have been ignored and laughed at. Her job evaluations have been excellent both before and after her complaints and she has received regular merit raises. She has also just been promoted and given a corner office. Personally, she has trouble sleeping at night, has lost much of her appetite and is often depressed due to her experiences at work.
A.Maria has been a victim of quid pro quo harassment.
B.Maria has been a victim of hostile environment harassment.
C.Maria has been a victim of retaliatory treatment.
D.Maria has no cause of action because her job has not been impacted.
Q:
The first efforts to insure no racial discrimination in awarding government contracts were a result of:
A.The Civil Rights Act of 1866.
B.Executive orders from President Franklin Roosevelt.
C.The Civil Rights Act of 1964.
D.Executive orders from President Teddy Roosevelt.
Q:
About two or three times a week, Brooke's boss Cindy tells her that she has great legs and should start wearing shorter skirts to work. Brooke is disturbed by this attention but needs the job and says nothing. She continues to wear knee length or longer skirts. On Brooke's job evaluation Cindy has rated Brooke as an excellent employee without mention of her clothing. Brooke may file a claim for sexual harassment based on:
A.Quid pro quo harassment.
B.Hostile work environment harassment
C.Both A and B.
D.None of the above, Brooke has no suit because her harasser is female.
Q:
Red Head Inc. is a local beauty salon with three employees. Faye is black, Aimee is Jewish and Sarah is 300 lbs. Statistics show that blacks have a higher rate of sickle cell anemia; Jews have a higher rate of Tay Sachs Disease and severely obese people have a higher rate of diabetes than the general population. Based on statistics provided by certified reputable sources regarding the likelihood of contracting the above diseases, the manager/owner of Red Head has set up a health plan in which Aimee pays a higher premium than Faye, with Sarah paying the highest premium.
A.This arrangement violates COBRA.
B.This arrangement violates HIPAA.
C.This arrangement violates ERISA.
D.Because the data used by the employer is from a certified reputable source, there is no violation of law because the insurance premium reflects the true risk.
Q:
Assuming that proper notice and other eligibility requirements are met, the Uniformed Services Employment and Reemployment Rights Act requires an employer to reemploy an employee who leaves work to serve military service, however, the employer is not required to give time credit for seniority purposes.
Q:
If the employer stops a pregnant employee from working because the employer truly believes that it is in the best interests of the mother and baby, the employer has not violated the Pregnancy Discrimination Act even if the employee is capable and willing to continue working.
Q:
Willful violation of the ADEA entitles victims to triple damages.
Q:
Discriminating against a vegetarian can result in a successful EEOC religious discrimination suit.
Q:
Almost 50% of Blacks in America disapprove of affirmative action.
Q:
The 1991 Civil Rights Act amendments prohibit the setting of quotas in employment.
Q:
Businesses with fewer than 250 employees and federal contracts under $1 million do not have to prepare written affirmative action plans for hiring women and minorities.
Q:
A hostile work environment establishing sexual harassment grounds may exist even if no economic loss is shown.
Q:
Setting a passing score for Asians at 80% out of 100% and a passing score of 60% out of 100% for all other applicants is an example of race norming.
Q:
HIPPA prevents discrimination with regard to group health plans but does not apply to individual insurance plans.
Q:
Employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions like other conditions are covered.
Q:
EEOC guidelines allow employers to classify jobs as male or female, as well as to have male and female seniority lists.
Q:
Federal laws concerning equal employment opportunity specifically prohibit state laws from imposing additional duties and liabilities.
Q:
The showing of a statistically imbalanced work force is not enough in itself to establish a violation of Title VII.
Q:
In a disparate impact suit the plaintiff must convince the court that the employer intentionally discriminated against the plaintiff.
Q:
A successful plaintiff in an ADEA action cannot recover money damages from a state entity.
Q:
Race can never be a BFOQ.
Q:
Some states have passed laws protecting employees on the basis of sexual orientation; however, none to date have enacted gender identity protections.
Q:
When enacting the Civil Rights Act of 1964, Congress clearly intended to preempt state's fair employment laws.
Q:
Have sex with me or your fired is most specifically an example of sexual harassment by creating a hostile work environment.
Q:
When may public employees be drug tested?
Q:
What are the provisions of the IRS Whistleblowers Rewards Program?
Q:
Aside from granting the leave when appropriate, what are the responsibilities of the employer with regard to the Family Medical Leave Act?