Deck 18: Employment Law

Question 1

If a wage differential is due to any factor other than gender, then it does not violate the Equal Pay Act.

Answer 1

True

Question 2

Whistleblowing occurs when an employer signals the end of a workday by sounding a buzzer, ringing a bell, or otherwise "blowing the whistle "​

Answer 2

False

Question 3

On Form I-9, an employer must declare that an employee produced documents establishing his or her identity and legal employability.

Answer 3

True

Question 4

Race can never be a bona fide occupational qualification.

Question 5

An employer who wishes to submit an H-1B application must show that the hiring will not adversely affect other workers similarly employed.

Question 6

To recover workers' compensation, an employee must prove that an injury did not occur on the job or in the course of employment.

Question 7

Employees can voluntarily pay overtime wages to otherwise ineligible employees.

Question 8

Intentional discrimination by an employer against an employee is known as disparate-treatment discrimination.

Question 9

Sexual harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.

Question 10

In states that require a minimum wage that is higher than the federal minimum wage, employers must pay the higher wage.

Question 11

Title VII does not prohibit discrimination on the basis of religion.

Question 12

Following leave under the Family and Medical Leave Act, only key employees must be restored to their original or a comparable position.

Question 13

In a retaliation claim, one of the elements a plaintiff must show that they were terminated as a result of their claim.

Question 14

Under the ADA, if a job applicant or an employee with a disability, with reasonable accommodation, can perform essential job functions, the employer must make the accommodation.

Question 15

Employees who are exempt from the federal overtime provisions include manual laborers and other blue-collar workers.

Question 16

The Occupational Safety and Health Act imposes a general duty on employers to keep workplaces safe.

Question 17

The Americans with Disabilities Act requires that employers accommodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work​

Question 18

The Age Discrimination in Employment Act prohibits mandatory retirement for nonmanagerial workers.

Question 19

Workers who have voluntarily left their jobs are not eligible for unemployment compensation.

Question 20

Children under fourteen years of age are not allowed to work.

Question 21

Under the ADA, employers are not required to modify their job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.

Question 22

Employees who leave their jobs voluntarily may still claim under Title VII that they were "constructively discharged" by their employer.

Question 23

Some courts have held that an implied employment contract exists between the employer and the employee.

Question 24

Under the Pregnancy Discrimination Act, women affected by pregnancy must be treated the same as other persons not so affected but similar in ability to work.

Question 25

Employers that have fifty or more employees must provide certain employees with paid family or medical leave.

Question 26

Compensatory damages are not available in cases of intentional discrimination in violation of Title VII of the Civil Rights Act.

Question 27

Under the ADA, employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship.

Question 28

Once a plaintiff succeeds in proving discrimination, the burden shifts to the employer to justify the discriminatory practice.

Question 29

Any employee who works more than ten hours on a given day must be paid overtime.

Question 30

Only employers contribute under the Federal Insurance Contributions Act to help pay for benefits that will partially make up for their employees' loss of income on retirement.

Question 31

HIPAA strictly limits an employer's ability to exclude coverage under employer-sponsored group health plans for pre-existing conditions.

Question 32

Title VII of the Civil Rights Act prohibits job discrimination on the basis of merit.

Question 33

Refer to Fact Pattern 18-1. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply

A)Kyla must be forty years of age or younger.
B)Kyla must be forty years of age or older.
C)Lomax must be forty years of age or older.
D)Lomax must have been MVMC's employee for at least forty years.

Question 34

​Neville, a member of a protected class, applies for a job with Origami Paper Products Corporation, but fails the company's employment test and is not hired. Neville believes that the test has an unintentionally discriminatory effect. If so, this is

A)a constructive discharge.
B)disparate-impact discrimination.
C)disparate-treatment discrimination.
D)not discrimination.

Question 35

Generally, under employment-at-will doctrine, an employer may fire an employee even if doing so would violate a statute.

Question 36

The distribution of promotions and other job benefits according to a seniority system is never a good defense to a suit for employment discrimination.

Question 37

Mirena, a female, and Neil, a male, are employees of Operational Tech Processes Corporation. Mirena regularly e-mails sexually explicit images to Neal via Operational Tech's network. Neil finds this offensive. This is

A)hostile-environment harassment.
B)not harassment or any form of discrimination.
C)quid pro quo harassment.
D)same-gender harassment.

Question 38

Federal law enables employees to continue health-care coverage after their jobs have been terminated.

Question 39

Jon, a paraplegic, applies for a job as a disk jockey with radio station KLKT. The station's manager says, "Sorry, man. You meet all our requirements. But we need someone who can move around the broadcast studio without accommodation." Most likely, Jon could recover from the station under

A)no federal law.
B)Title VII of the Civil Rights Act.
C)the Age Discrimination in Employment Act.
D)the Americans with Disabilities Act.

Question 40

FasTite Tool Company employs workers, including Gina, at six locations in two states. FasTite's discharge of Gina in conflict of the terms of an implied employment contract may result in

A)FasTite's liability for breach of contract.
B)Gina's ineligibility for unemployment compensation.
C)the two states' joint assumption of control over FasTite's operations.
D)none of the choices.Fact Pattern 18-1 Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC).

Question 41

Motor Vehicle Assembly Corporation operates a plant near the border between the United States and Mexico. Due to the location, it would be easier for the company to employ noncitizens. In this circumstance, it is legal for a U.S. employer to

A)hire persons not authorized to work in the United States.
B)recruit persons not authorized to work in the United States.
C)refer for a fee persons not authorized to work in the United States.
D)none of the choices.

Question 42

Gala and Hoyt are employees of IT Business Solutions, Inc. IT Business Solutions violates the Equal Pay Act if it pays different wages on the basis of

A)merit.
B)job descriptions.
C)substantial equality of skill, effort, and responsibility.
D)gender.

Question 43

Refer to Fact Pattern 18-2. To succeed with a claim against Banquet under the Americans with Disabilities Act, Artur will have to show that

A)Artur has received good performance evaluations in the past.
B)Artur is otherwise qualified for the employment in question.
C)Carter is unqualified for Artur's position.
D)the doors were installed as an act of intentional discrimination.

Question 44

Destination Resort Hotel Company replaces Estee, a forty-five-year-old employee, with Francesca. Estee files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, Estee must show, among other things, that she is

A)deserving of higher pay than Francesca.
B)generally more dependable than Francesca.
C)older than Francesca.
D)qualified for the position.

Question 45

Hunter is seventeen years old. Under the Fair Labor Standards Act, Hunter cannot work

A)in the entertainment industry.
B)in a hazardous occupation.
C)for her parents.
D)in the agriculture industry.

Question 46

Cloud Computing & Processing Corporation wants to hire Dhani, a noncitizen with special qualifications. To hire Dhani, Cloud Computing should apply for

A)an H1B visa.
B)an O visa.
C)an L visa.
D)an H2 visa.

Question 47

Leon, Mia, Nestor, and Orina are employees of different-sized employers in different industries. Under the Fair Labor Standards Act, all employees in covered industries must be paid per hour

A)a minimum wage.
B)a maximum wage.
C)different amounts.
D)the same amount.Fact Pattern 18-2 Artur, who has a disability, is an employee of Banquet & Event Facilities & Services, Inc.After the installation of new doors on the entrance to Banquet's hall, Artur finds it nearly impossible to enter and exit.For repeatedly failing to be on time, Banquet replaces Artur with Carter, who does not have a disability.

Question 48

Aisha is an employee at Bento Food Mart. Aisha is called for jury duty and as a result cannot work her scheduled shift. Bento fires Aisha. She successfully sues Bento for reinstatement. With respect to the employment-at-will doctrine, this is

A)not an exception.
B)an exception based on contract theory.
C)an exception based on public policy.
D)an exception based on tort theory.

Question 49

GameCraft, Inc., employs four hundred workers at three locations in three states. Workers who lose their jobs with GameCraft have a right to continued health-care coverage under the company's group plan for a limited period of time unless they

A)are fired for gross misconduct.
B)are laid off for budgetary reasons.
C)have their hours decreased from full-time to part-time.
D)quit their jobs voluntarily.

Question 50

Mei-Ling, Norberto, and Oki apply to work for Poultry Processing, Inc. Poultry Processing must verify the identity of

A)each new hire.
B)only those hired as contractors.
C)only those hired as day workers.
D)none of the choices.

Question 51

Qiana is the only female employee in the maintenance department of Rescue Vehicles Sales & Service Inc. Qiana's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is​

A)a constructive discharge on the basis of gender discrimination.
B)a harassing discharge on the basis of treatment discrimination.
C)a voluntary discharge on the basis of impact discrimination.
D)none of the choices.

Question 52

Livia takes temporary family leave from her job at Meatpackers Corporation to care for a new baby. Assuming Livia is not a key employee, on Livia's return from the leave, Meatpackers must

A)restore Livia to her same position or a comparable position.
B)reimburse Livia for her expenses while on leave.
C)promote Livia to the status of a key employee.
D)none of the choices.

Question 53

The Family and Medical Leave Act requires employers to provide eligible employees with family or medical leave for any of the following reasons except

A)to care for a newly adopted child.
B)to care for a newly placed foster child.
C)to go on an extended family vacation.
D)if the employee is unable to perform the essential functions of his or her job due to a serious health condition.

Question 54

Analytic Projections, Inc., a data analysis firm, wants to hire Benazir, a noncitizen. A work visa is most likely to be set aside for a noncitizen if

A)the noncitizen is of "ethnic similarity to the employer's workforce."
B)there is no shortage of qualified U.S.workers capable of doing the work.
C)hiring the worker will not adversely affect other workers similarly employed.
D)the noncitizen is a "person with an extraordinary work ethic."

Question 55

Refer to Fact Pattern 18-1. To succeed with an age-discrimination claim against MVMC, Lomax will have to show that

A)Kyla is not qualified for Lomax's job.
B)Lomax is qualified for his job.
C)MVMC's qualifications for Lomax's job are too high.
D)no one could do Lomax's job as well as he could.

Question 56

Inez files an employment discrimination suit against Jiffy Delivery Service, Inc., under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes

A)imprisonment.
B)reinstatement.
C)fines.
D)an order to shutdown the employer's business.

Question 57

Devon takes temporary family leave from her job at Equipment Rentals & Sales Company to care for a newborn baby. With respect to Devon's health-care coverage, during the leave, under the Family and Medical Leave Act, Equipment Rentals & Sales must

A)continue it.
B)suspend it.
C)terminate it.
D)add the baby to it.

Question 58

Free-Flo Pipes & Plumbing Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Free-Flo only if the employer

A)acted with malice or reckless indifference.
B)can easily afford to pay the amount.
C)has one hundred or more employees.
D)consents.

Question 59

Geno's Italiano Ristorantes, Inc., employs three hundred workers at four locations in two states. Under federal law, Geno's must provide each employee, during any twelve-month period, family or medical leave of

A)up to twelve days.
B)up to twelve weeks.
C)up to twelve pay periods.
D)unlimited duration.Fact Pattern 18-1 Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC).

Question 60

Muriel applies for a job with Northern States Oil Company. Northern States does not hire Muriel because of her ethnicity, or national origin. This is

A)a constructive discharge.
B)disparate-impact discrimination.
C)disparate-treatment discrimination.
D)not discrimination.

Question 61

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover

A)an unlimited amount of compensatory and punitive damages.
B)a limited amount of compensatory and punitive damages.
C)compensatory, but not, punitive damages.
D)punitive, but no compensatory, damages.

Question 62

Northwest Energy Company is subject to mandatory workers' compensation laws in the states in which it does business. Odele and Phelps work for Northwest Energy as part of a crew that travels to remote locations to repair broken pumps and other damaged equipment. At a distant site, Odele is injured in an accident that is entirely Phelps's fault. Odele files a claim for workers' compensation. Should the claim be granted? What would be Northwest Energy's best defense against it?​

Question 63

Veronica is a repairperson for Wind Power Company. The job requires traveling to remote areas to make repairs to windmills, transmission towers, and power stations under any conditions. Veronica has had the job longer than other employees. Veronica applies for a promotion to a supervisory position that requires constant communication with others in the field. Wind Power rejects the application on the ground that Veronica is hearing impaired and she has requested a sign interpreter as an accommodation. Wind Power acknowledges that Veronica is otherwise qualified, but asserts that it "needs someone who does not have a hearing problem." Veronica files a suit against Wind Power under the Americans with Disabilities Act. What is the issue, and what are the relevant considerations on which its resolution depends?

Question 64

Chaz works for Bridge Builders, Inc. While working on a Bridge Builders project, Chaz is injured. Under state workers' compensation laws, Chaz will be compensated only if his injury was

A)incidental.
B)material.
C)accidental.
D)intentional.

Question 65

Freeman is an employee of Guitar & Drum Company. Guitar & Drum's employee manual states that workers, such as Freeman, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

A)not an exception.
B)an exception based on contract theory.
C)an exception based on public policy.
D)an exception based on tort theory.

Question 66

Workhorse Air Crane Corporation employs aircraft mechanics, computer programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except

A)aircraft mechanics.
B)computer programmers.
C)outside salespersons.
D)professionals.

Question 67

Refer to Fact Pattern 18-2. To successfully defend against Artur's claim, Banquet will have to show that

A)Artur consistently failed to meet the essential requirements of his job after the new doors were installed.
B)Banquet cannot make changes to the doors without undue hardship.
C)Carter is qualified for Artur's position.
D)the doors were not installed as an act of intentional discrimination.

Question 68

Emylee, an employee of Farm Supplies, Inc., files a sexual-harassment suit against her employer, alleging a pattern of sexual harassment by her supervisor Gowan. Farm Supplies may be liable for hostile environment harassment if it

A)did not know of the harassment.
B)knew of the harassment and did not take steps to prevent it.
C)terminated Gowan.
D)Emylee did not report the harassment.

Question 69

Restocking Warehouse Corporation keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by

A)the local office of the National Labor Relations Board.
B)the governments of interested foreign nations.
C)the government of the state in which Restocking is based.
D)U.S.Immigration and Customs Enforcement.Fact Pattern 18-2 Artur, who has a disability, is an employee of Banquet & Event Facilities & Services, Inc.After the installation of new doors on the entrance to Banquet's hall, Artur finds it nearly impossible to enter and exit.For repeatedly failing to be on time, Banquet replaces Artur with Carter, who does not have a disability.

Question 70

Machine Fabrication, LLC, may be liable for the sexual harassment of an employee if it knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by

A)the employee's previous employer.
B)a company supervisor.
C)a competitor.
D)any of the choices.

Question 71

Lingerie Closet, a women's clothing store, employs female attendants to assist customers in the dressing rooms. Mark, a forty-one-year-old male, applies for an attendant's job, but is not hired. In Mark's suit against Lingerie Closet for employment discrimination under Title VII, the store has

A)no defense.
B)a bona fide occupational qualification defense.
C)a business necessity defense.
D)a seniority system defense.

Question 72

Ester is a current employee of Fiber Optics, Inc. Gage, a former Fiber Optics employee, is currently unemployed. To collect unemployment compensation, Gage must

A)be willing and able to work.
B)have been fired for misconduct.
C)have voluntarily left his job.
D)not be actively seeking employment.