Deck 2: Legal Compliance

Question 1

If an employer hires an independent contractor, it may reduce the employer's exposure to laws and regulations governing the employment relationship.

Answer 1

True

Question 2

Which of the following is true regarding temporary employees?

A) Temporary employees are considered to be employees of the organization which is using their services, not the temporary help agency.
B) During job assignments, temporary workers are on the payroll of the organization using their services.
C) Use of temporary workers can often raise issues of "co-employment."
D) All of the above are correct.

Answer 2

C

Question 3

An employer does not incur any legal responsibilities or liabilities regarding its employees.

Answer 3

False

Question 4

Employment laws and regulations exist, in part, to reduce or limit the employer's power in the employment relationship.

Question 5

There are some restrictions on employment-at-will, such as statutory requirements for nondiscriminatory termination.

Question 6

The common law principle of employment-at-will says that, in the absence of any contract language to the contrary, either the employer or employee may terminate the employment relationship at any time, but only for certain reasons.

Question 7

A person is more likely to be considered an independent contractor if they work without supervision or oversight from the employer.

Question 8

An independent contractor is legally considered an employee of the employer who hired him/her.

Question 9

The employer-employee relationship is the most prevalent type of employment relationship.

Question 10

The most prevalent form of the employment relationship is _________.

A) independent contractor
B) employer-employee
C) temporary employee
D) employer-employer

Question 11

Employment contracts may be written but not in oral form.

Question 12

Regarding employment contracts, ________.

A) both written and oral contracts are enforceable
B) employment-at-will is defined under set-term contracts
C) most employees have a contractual right to be discharged only for cause
D) all of the above are correct

Question 13

The common law principle which states that, in the absence of any contract language to the contrary, either the employer or employee may terminate the employment relationship at any time is called _________.

A) employment-at-will
B) affirmative action
C) equal employment opportunity
D) a consent decree

Question 14

Which of the following statements is true regarding independent contractors?

A) An independent contractor is a legal employee of the company which hired him/her.
B) Using an independent contractor increases the employer's exposure to laws and regulations governing the employment relationship.
C) Using an independent contractor frees an employer from the tax withholding and tax payment obligations it has for its employees.
D) Using an independent contractor substantially increases the right of the employer to control the contractor.

Question 15

Which of the following factors increase the likelihood that a worker will be considered an independent contractor?

A) The independent contractor works without supervision or oversight from the employer.
B) The independent contractor sets his or her own work hours.
C) The independent contractor is paid by the project rather than by the time spent.
D) All of the above.

Question 16

Court cases suggest that permatemps (employees from a staffing agency who have been with the employer for extended period of time) are still exclusively considered employees of the staffing agency.

Question 17

Temporary employees are considered to be employees of the temporary help agency that obtained them through its own staffing process.

Question 18

The formal agreement which specifies the employment terms and conditions for the employee and employer is called an employment contract.

Question 19

The specificity of the language used in an employment contract must be very extensive.

Question 20

An example of an exception to the principle of employment-at-will would be _________.

A) employers cannot discharge employees on the basis of poor performance
B) employers cannot discharge employees on the basis of race
C) employers cannot discharge employees for stealing from the company
D) none of the above

Question 21

Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation.

Question 22

Due process rights have their primary source in _________.

A) EEOC guidelines
B) federal statutes
C) state statutes
D) the U.S. Constitution Amendments

Question 23

Which of the following statements is true regarding the laws and regulations which govern the employment relationship?

A) Their purpose is to create a reasonable balance of power between the employer and employee.
B) Their purpose is to create a reasonable power advantage for employees.
C) Their purpose is to create a reasonable power advantage for employers.
D) Their purpose is to provide protections for employees only.

Question 24

The primary source of common law is ________.

A) the Constitution
B) federal statutes
C) past court decisions
D) federal agency guidelines

Question 25

The Civil Rights Act specifically mentions employment practices that are permitted for employers.

Question 26

The Civil Rights Act prohibits discrimination on the basis of age or disability status.

Question 27

The Age Discrimination in Employment Act covers individuals over the age of 40.

Question 28

When determining if an organization large enough to be covered by ADA law, only full-time employees should be included in the employee count.

Question 29

Agencies that regulate fair employment practice exist at which level?

A) federal
B) state
C) local
D) all of the above

Question 30

Company officials and individual managers can be held personally liable for discrimination under the Civil Rights Act, the ADA, or the ADEA.

Question 31

Whether an organization is covered by the Civil Rights Act, Age Discrimination in Employment Act (ADEA), and Americans With Disabilities Act (ADA) depends on its number of employees.

Question 32

Claims of disparate treatment focus on the effect of employment practices, rather than on the motive or intent underlying them.

Question 33

The majority of common law decisions are made at the federal level.

Question 34

Agencies that enforce staffing laws typically do not rely on written documents to perform their functions.

Question 35

A _________ is a civil wrong that occurs when the employer violates a duty owed to its employees or customers that results in harm or damages.

A) tort
B) crime
C) constitutional law violation
D) failure of due process

Question 36

Examples of common law include the Fifth and Fourteenth Amendments to the Constitution.

Question 37

Constitutional law supersedes any other source of law or regulation.

Question 38

The Civil Rights Act is a statutory source of law/regulations.

Question 39

Statutory law is derived from ________.

A) court cases
B) the US constitution and its amendments
C) written documents passed by legislative bodies
D) agencies at the federal, state and local levels

Question 40

Laws and regulations provide protections to employees that they could not possibly acquire individually in an employment contract.

Question 41

The key to a successful rebuttal in a disparate treatment case is _________.

A) to prove adverse impact
B) to provide nondiscriminatory reasons for the practice(s) in question
C) to show the presence of a "mixed motive"
D) to prove discrimination

Question 42

Although civil rights legislation does not explicitly mention the use of tests in staffing, most courts have found that the use of such tests is permissible.

Question 43

Which of the following is not covered by the Civil Rights Act ________?

A) race
B) sex
C) disability status
D) all of the above are covered by the Civil Rights Act

Question 44

The EEOC's preferred method of settlement for employment discrimination claims is a lawsuit.

Question 45

In disparate treatment cases, the employee attempts to demonstrate that the defendant's stated reasons for a practice are a pretext, or smoke screen, for the discriminatory intent of practice.

Question 46

In EEOC cases, a consent decree is ________.

A) mandated by law
B) court approved
C) limited to non-monetary relief
D) limited to affirmative action remedies

Question 47

Which of the following is(are) true regarding federal EEO/AA laws?

A) They are very narrow in their coverage of employers.
B) Specific agencies exist which regulate administration and enforcement.
C) They cover only women, minorities, and certain religious groups.
D) None of the above are true.

Question 48

Disparate treatment focuses on _________.

A) allegations and evidence about the effects of discriminatory actions
B) allegations and evidence about intentions to discriminate
C) adverse impact
D) quotas

Question 49

The Age Discrimination in Employment Act focuses on individuals over the age of ________.

A) 40
B) 30
C) 20
D) 50

Question 50

The consent decree usually contains only an agreement to halt certain practices, and seldom extends to providing monetary relief or AA programs.

Question 51

It is unlawful to discriminate in hiring, firing, compensation, or classification of employees on the basis of race, color, religion, sex, or national origin.

Question 52

Enforcement mechanisms used by the OFCCP closely mirror those used by the EEOC.

Question 53

Applicant flow statistics look at differences in selection rates (proportion of applicants hired) among different groups for a particular job.

Question 54

When using stock statistics in job selection discrimination cases, the comparison being made is __________.

A) differences in proportions of groups hired
B) percentages of groups concentrated in certain job categories
C) percentages of groups in job categories relative to their availability in the population
D) percentages of union versus non-unionized employees

Question 55

If an employer has a selection system in which applicants first take a written test and those who pass it are interviewed, the plaintiff must show adverse impact for the two components combined.

Question 56

The initial burden of proof in discrimination claims lies ______.

A) with the defendant
B) with the court
C) equally with the court and the federal agency
D) with the plaintiff

Question 57

Claims of disparate impact focus on the effect of employment practices, rather than on the motive or intent underlying them.

Question 58

A prison with mostly male inmates might successfully use the concept of BFOQ to argue that it is a business necessity to hire only male prison guards on the grounds that by doing so it ensures the safety, security, and privacy of inmates.

Question 59

Employers can adjust the scores of employment-related tests on the basis of race, color, religion, sex, or national origin.

Question 60

Staffing practices that may seem unfair, outrageous, or of dubious value to the employer, but that do not cause adverse impact, are legal.

Question 61

The Age Discrimination Act of 1967 prohibits all discrimination on the basis of age.

Question 62

The Civil Rights Act of 1964 explicitly permits the use of seniority and merit systems as a basis for applying different terms and conditions to employees.

Question 63

The legal status of seniority and merit systems is that _______.

A) seniority is legal
B) merit systems are legal
C) both are legal
D) both are illegal

Question 64

It is permissible to use terms or phrases that express a preference for older workers, such as "over age 60," "retirees," or "supplement your pension" in employment advertising.

Question 65

The Americans with Disabilities Act does not cover individuals with psychiatric disorders, such as depression or schizophrenia.

Question 66

Where the Americans with Disabilities Act is concerned, ______?

A) the law only applies to disabled individuals who are otherwise qualified
B) the law requires the hiring of all disabled people
C) the law prohibits refusal to hire a disabled person
D) the law provides advantages to disabled people

Question 67

Accommodations such as job restructuring, telework, changes in work schedules, or purchase of adaptive devices for those with disabilities are considered undue hardships.

Question 68

The Age Discrimination In Employment Act (1967) prohibits discrimination against individuals who are ____ years or older.

A) 40
B) 50
C) 60
D) 65

Question 69

Which of the following is not prohibited by the ADA?

A) medical exams of job applicants
B) asking a job applicant if he/she is disabled
C) asking a job applicant to undergo a medical exam after a job offer has been made
D) refusing to interview a person who is disabled

Question 70

Regarding the use of tests in staffing, it can be said that ______.

A) they are permitted by law
B) they are illegal
C) they should be adjusted by protected characteristics to be fair
D) they should be "race normed" for fairness

Question 71

Where reasonable accommodations for disabled individuals are concerned, it can be said that _______.

A) accommodation is always required for an otherwise qualified individual
B) specific examples of accommodations are rarely indicated in laws and regulations
C) the issue of "undue hardship" to the employer is not addressed by the law
D) the need to accommodate often hinges on whether or not a given job function is necessary or essential

Question 72

Substantive assessment methods are used to reduce the applicant pool to candidates.

Question 73

Examples of reasonable accommodations under the Americans with Disabilities Act include work schedule changes, modifications to company policy, adjusting supervisory methods, and medication monitoring.

Question 74

Employers may refuse to hire an individual who poses a direct threat to him/herself or the health and safety of others.

Question 75

The law prohibits the use of genetic information in employment.

Question 76

Employers can use which of the following techniques without violating the Age Discrimination in Employment Act.

A) using reasonable factors other than age in making employment decisions
B) using seniority systems
C) using terms or phrases that express a preference for older workers
D) all of the above

Question 77

Which of the following is prohibited discrimination under civil rights law?

A) discrimination in hiring
B) discrimination in compensation
C) discrimination in classification
D) all of the above

Question 78

A broken arm or leg would be considered a covered, short-disability for ADA coverage purposes.

Question 79

The essence of a BFOQ is that _________.

A) it is always illegal
B) it reduces discrimination
C) it justifies discrimination based on reasonable necessity of the job
D) it prohibits selection through use of a protected characteristic (e.g., gender)

Question 80

Recovering former drug users and recovering alcoholics are covered by the Americans with Disabilities Act.