Deck 11: Complying With Workplace Justice Laws

Question 1

EEOC guidelines require employers to treat pregnancy-related conditions in the same manner as employees who are temporary disabled for other reasons.

Answer 1

True
The Pregnancy Discrimination Act and EEOC guidelines requires employers to treat pregnancy-related conditions in the same manner as employees who are temporary disabled for other reasons.

Question 2

Even if the employee suffers a tangible job loss, employers may not be held liable for sexual harassment when upper management is unaware of the situation.

Answer 2

False
The U.S. Supreme Court ruled in 1998 that even if upper management is unaware of the situation, when an employee suffers a tangible job loss the employer is liable.

Question 3

The monitoring of employees' email and Internet usage is not widespread.

Answer 3

False
The majority of today's companies are monitoring employees' email and Internet usage.

Question 4

Fetal protection policies have been held to be legal even when they have a discriminatory impact on women.

Question 5

To be considered sexual harassment, the challenged behavior need not be gender-based.

Question 6

Employers can establish and enforce workplace rules they feel are necessary as long as those rules are enforced in a nondiscriminatory manner.

Question 7

Quid pro quo sexual harassment refers to a situation in which an employee must provide sexual favors in return for a promotion.

Question 8

There is no link between workplace justice and organizational commitment.

Question 9

The first step in the progressive discipline system is to give the employee an oral warning in which the employee is informed of the incorrect behavior and how to correct it.

Question 10

A company needs a clear business reason for each piece of information collected and maintained on an individual applicant or employee.

Question 11

In order to discipline an employee for conduct outside the workplace, the conduct must have a disruptive impact on the workforce.

Question 12

A corporation's image in the community has little to do with a firm's ability to recruit high-quality applicants.

Question 13

Smokers are considered a protected group and are eligible for protection under antidiscrimination rules.

Question 14

In order for a claim of hostile environment sexual harassment to go forward, an employee must prove that he/she suffered psychological harm.

Question 15

The Privacy Act of 1974 requires all companies to give their employees access to information kept in their personal files.

Question 16

The Family Medical Leave Act requires all employers of 50 or more employees to grant up to 12 weeks of paid leave for the care of a newborn child.

Question 17

A company can gain a competitive advantage by willingly complying with workplace justice laws.

Question 18

Just cause means that employees should be informed of the charges against them and given the opportunity to defend themselves.

Question 19

The 12 weeks of leave provided for under the FMLA may be taken in a continuous or intermittent basis.

Question 20

Under the Family Medical Leave Act of 1993, employers are obligated to maintain preexisting health insurance for employees.

Question 21

Sexual harassment is a form of sex discrimination and therefore violates:

A) Title VII of the Civil Rights Act.
B) the Equal Pay Act.
C) the Fair Labor Standards Act.
D) the National Labor Relations Act.

Question 22

Empirical studies indicate that organizational efforts to protect workers from arbitrary treatment and to ensure their basic rights enhance ____ because workers view them as an expression of the organization's concern for their well-being.

A) organizational behavior
B) organizational citizenship
C) organizational commitment
D) organizational effectiveness

Question 23

Sexually harassing behavior is unlawful when all but which of the following occurs?

A) The behavior is based on gender.
B) The behavior is welcome.
C) The behavior is abusive.
D) The behavior is pervasive.

Question 24

Which of the following is not an EEOC guideline for developing a policy on sexual harassment?

A) Defining sexual harassment and stress.
B) Establishing a time frame for investigations.
C) Finding a way to identify unreported incidents.
D) Providing protection against retaliation.

Question 25

Disciplinary investigations should be carried out exclusively by HR professionals.

Question 26

An employee who circulates photos to another employee depicting sexual behavior would be an example of:

A) quid pro quo sexual harassment.
B) hostile environment sexual harassment.
C) sexual assault.
D) glass ceiling harassment.

Question 27

The United States is the only industrialized nation in the world that fully protects all workers from wrongful discharge.

Question 28

Promoting workplace justice can contribute to all but which of the following?

A) More EEO litigation
B) Workplace diversity
C) Increased sales volume
D) A favorable company image

Question 29

Union employees are protected from wrongful termination even if their collective bargaining
agreement does not specify that discharges may be made only if there is just cause.
.

Question 30

Disciplinary interviews should be conducted in public to ensure fairness.

Question 31

An employer is held responsible for acts of sexual harassment committed by nonemployees when:

A) they fail to take immediate appropriate action.
B) there is no liability for non-employee harassment.
C) the harassment was welcome.
D) they cannot control the conduct of the employee.

Question 32

Proper documentation of disciplinary action is critical when an employer's actions are questioned in litigation.

Question 33

Discipline for sexual harassment should be based on the severity of the behavior.

Question 34

According to the employment-at-will doctrine, employers are free to discharge their employees for any reason, even an unfair one, unless the discharge is limited by contract or by federal or state statutes.

Question 35

Progressive discipline is designed to correct rather than punish behavior.

Question 36

Which of the following deals with the fairness of organizational practices that dictate the day-to-day treatment of employees?

A) Workplace justice laws
B) Organizational behavior
C) Organizational citizenship
D) Equal employment opportunities

Question 37

____ occurs when an employee is subject to unwelcome, intimidating behavior of a sexual nature that unreasonably interferes with the employee's ability to do their job.

A) Quid pro quo sexual harassment
B) Sexual assault
C) Hostile environment sexual harassment
D) Glass ceiling harassment

Question 38

When dealing with problem employees, managers should always handle them with "kid gloves."

Question 39

Information concerning workplace rules and policies should be communicated to employees during orientation and training from the very beginning of employment.

Question 40

____ occurs when an employee or applicant must provide sexual favors in order to be hired or promoted.

A) Hostile environment sexual harassment
B) Quid pro quo sexual harassment
C) Sexual misconduct
D) Victimization

Question 41

Sexual harassment causes all but which of the following problems for employers?

A) Poor productivity
B) Employee stress
C) Increased layoffs
D) Increased absenteeism

Question 42

With regard to sexual harassment, ____ is a judgment call depending on the circumstances surrounding the challenged behavior.

A) severity
B) abusiveness
C) tangible loss
D) psychological harm

Question 43

In the ____ discipline system, discipline is enforced in increasingly severe steps.

A) progressive
B) hot stove
C) affirmative
D) summary discharge

Question 44

In which of the following situations is an employer automatically liable for sexual harassment?

A) A supervisor demotes a subordinate who refuses to sleep with them.
B) A customer makes an obscene gesture at an employee and the employee does not tell their supervisor.
C) An employee who used strong sexually explicit language against a coworker is suspended without pay for three days as a result of the employee complaint.
D) An employee threatens to reveal that their supervisor was once a porn star.

Question 45

All but which of the following situations constitute quid pro quo sexual harassment?

A) An applicant having to provide sexual favors in order to be hired.
B) An employee being subjected to sexually intimidating working conditions.
C) An employee having to provide sexual favors in order to be granted a pay raise.
D) An employee having to provide sexual favors in order to be allowed to keep a job.

Question 46

All but which of the following constitute sexually harassing behavior?

A) Requests for sexual favors
B) Unwelcome sexual advances
C) Employment discrimination based on sex
D) Verbal or physical contact of a sexual nature

Question 47

Which type of sexual harassment occurs when a person is denied an employment opportunity that was given to someone who complied with requests for sexual favors?

A) Indirect sexual harassment
B) Reverse sexual harassment
C) Quid pro quo sexual harassment
D) Hostile environment sexual harassment

Question 48

In all but which of the following instances would an employer be found guilty in a sexual harassment case involving the issue of hostile environment?

A) If male workers frequently made sexual comments.
B) If pictures of nude women appeared throughout the workplace.
C) If promotions of female employees were based on sexual favors granted.
D) If coarse jokes, abusive graffiti, and offensive touching were commonplace.

Question 49

Which of the following is not a purpose of the Family and Medical Leave Act of 1993?

A) Childbirth or to care for a child in the first 12 months after childbirth
B) Care for a seriously ill spouse, child, or parent
C) Discriminate against employees on the basis of pregnancy, childbirth, or related medical conditions
D) Care for the employee's own health problem if it renders the individual incapable of performing his or her job

Question 50

In the Harris v. Forklift Systems case, what did the Supreme Court state while reversing the lower courts' decision against Harris' claim of hostile environment because the boss's behavior did not seriously affect her psychological well-being?

A) That hostile behaviors need not cause the victim psychological harm.
B) That the employer's hostile behavior did cause the victim psychological harm.
C) That the employer's hostile behavior could have caused the victim psychological harm.
D) That a reasonable person would perceive the employer's behavior as hostile and abusive.

Question 51

____ means that the employee should be informed of the charges against them and be given an opportunity to defend themselves.

A) Progressive process
B) Just cause
C) Due process
D) Constructive cause

Question 52

In all but which of the following cases can an employer be held responsible for acts of sexual harassment committed by others?

A) When the employer knows or should have known of the conduct.
B) When the employer fails to take immediate and appropriate action.
C) When the employer fails to control the conduct of nonemployees.
D) When the employer has the ability to control the conduct of nonemployees.

Question 53

The ____ prohibits discrimination against employees on the basis of pregnancy, childbirth, or related medical conditions.

A) Americans with Disabilities Act
B) 1964 Civil Rights Act
C) Pregnancy Discrimination Act
D) National Labor Relations Act

Question 54

All but which of the following is a provision of the Older Workers Benefit Protection Act?

A) Waiver documents signed by the employee must be clearly written.
B) Employees are not allowed to revoke their decisions after signing the waiver.
C) Provide the worker with something of value for taking early retirement.
D) Give the employee 21 days to consider whether to sign the waiver.

Question 55

Harassment that is lodged against someone of the same sex is illegal when:

A) members of that sex have also been harassed.
B) only members of that sex have been harassed.
C) only members of the opposite sex have been harassed.
D) members of the opposite sex have also been harassed.

Question 56

In 1980, the ____ published a set of guidelines on sexual harassment that specified the behaviors that constitute sexual harassment and the circumstances under which such behaviors are illegal.

A) EEOC
B) OSHA
C) AFL-CIO
D) U.S. Supreme Court

Question 57

Employers should do all but which of the following to prevent sexual harassment?

A) Establish a written policy prohibiting sexual harassment.
B) Establish a committee composed of only women to investigate sexual harassment.
C) Provide appropriate supervisory training.
D) Establish investigation guidelines.

Question 58

The FMLA allows employees to take up to 12 weeks of unpaid leave for all but which of the following?

A) To get married
B) Childbirth
C) Care for a seriously ill spouse, child, or parent
D) Adoption or foster care within the first 12 months of placement

Question 59

When a firm is charged with hostile environment, the court requires the employee to prove that the disputed behavior:

A) took place in the presence of the employer.
B) was unwelcome, based on gender, and abusive.
C) took place in a hostile and abusive environment.
D) seriously affected the employees psychological well-being.

Question 60

____ means that the cause of action should be a fair one.

A) Progressive process
B) Just cause
C) Due process
D) Just process

Question 61

The majority of today's companies are monitoring employees' email and Internet usage for all but which of the following reasons?

A) To detect wastage of working hours.
B) To protect themselves from computer viruses.
C) To protect themselves from computer hackers.
D) To protect themselves from leaks of confidential information.

Question 62

The Privacy Act of 1974 specifically states that the employees have the right to do all but which of the following?

A) Review the information that is being kept on them by their employers.
B) Correct erroneous information that is being kept on them by their employers.
C) Delete unnecessary information that is being kept on them by their employers.
D) Prevent the information from being used for a purpose other than that for which it was collected.

Question 63

What is the first step in a progressive discipline system?

A) Probation
B) Suspension
C) Oral warning
D) Written warning

Question 64

In which of the following circumstances would an employee be liable to reimburse the employer for insurance premiums paid during leave?

A) If the employee is unable to return to work after leave is over.
B) If the employee goes on leave without providing 30 days' notice.
C) If the employee is able to return to work after leave, yet chooses not to.
D) If the leave is due to personal health problems not covered by insurance.

Question 65

In which of the following cases can an employer of more than 50 people exempt an employee from taking leave under FMLA?

A) If the individual is one of the lowest paid in the firm.
B) If the individual is one of the highest paid in the firm.
C) If both the individual and spouse are employees of the firm.
D) If the individual is not able to provide the mandatory 30-day notice.

Question 66

The ____ requires that federal government employees must be given access to any information in their personnel files.

A) National Labor Relations Act of 1935
B) Fair Labor Standards Act of 1932
C) Equal Protection Act of 1965
D) Privacy Act of 1974

Question 67

Which of the following does not deal with the fairness of organizational practices that dictate day-to-day treatment of employees in the private sector?

A) Title VII of the 1964 Civil Rights Act
B) The Fair Labor Standards Act
C) The Equal Pay Act
D) The Privacy Act of 1974

Question 68

A company needs a ____ for each piece of information collected and maintained on an employee or applicant.

A) vague business reason
B) personal reason
C) clear business reason
D) EEO-related reason

Question 69

The most frequent legal challenge to layoff decisions is:

A) age discrimination.
B) sex discrimination.
C) racial discrimination.
D) religious discrimination.

Question 70

A decision to discharge an employee is discriminatory if it is influenced by the employee's:

A) union membership.
B) on-the-job behavior.
C) ability to perform the job.
D) protected group membership.

Question 71

To minimize the legal liability associated with surveillance and monitoring, employers should do all but which of the following?

A) Explain to the employees why surveillance/monitoring is taking place.
B) Make sure the surveillance/monitoring is for a job-related reason.
C) Do not let employees know that they are subject to surveillance and monitoring.
D) Do not monitor restrooms or lounges unless there is a legitimate need to do so.

Question 72

The ____ specifies that pregnancy discrimination is a form of sex discrimination and is therefore illegal.

A) Civil Rights Act of 1964
B) Pregnancy Discrimination Act
C) EEOC guidelines on sexual discrimination
D) EEOC guidelines on pregnancy discrimination

Question 73

Fetal protection policies exclude women of childbearing age from jobs that could cause potential reproductive hazards in all but which of the following cases?

A) If the woman is unmarried.
B) If the woman is using birth control.
C) If the woman has no childbearing intentions.
D) If the woman can show proof of surgical sterilization.

Question 74

What was the Supreme Court's stand in the case in which a company's FPP barred all fertile women from jobs involving exposure to high amounts of lead?

A) The Supreme Court ruled that the FPP was discriminatory.
B) The Supreme Court ruled that the FPP was well-intentioned.
C) The Supreme Court ruled that the FPP was an OSHA requirement.
D) The Supreme Court ruled that the FPP minimized the employers legal liability.

Question 75

In all but which of the following cases of violation of workplace rules will firms generally bypass the progressive discipline system and directly terminate the employee?

A) If the violation involves theft.
B) If the violation involves sabotage.
C) If the violation involves drug use.
D) If the violation involves injury to self or others.

Question 76

OWBPA provisions dictate that the waiver document signed by early retirees must:

A) inform employees of their rights under ADEA and OWBPA.
B) give the employee 45 days to consider whether to sign the waiver.
C) allow employees to revoke their decisions for up to 21 days after they sign the waiver.
D) state that employees are waiving their rights to claims occurring after the waiver is signed.

Question 77

All but which of the following statements are true regarding fetal protection policies?

A) FPPs can be considered discriminatory.
B) FPPs minimize employers legal liability.
C) FPPs help employers meet their moral obligations.
D) FPPs exclude all women of childbearing age from dangerous jobs.

Question 78

Which of the following excludes women of childbearing age from jobs that could cause potential reproductive hazards?

A) Fetal protection policies
B) The Pregnancy Discrimination Act
C) The Occupational Safety and Health Act
D) EEOC guidelines on pregnancy discrimination

Question 79

The ____ regulates the release of information maintained by government agencies.

A) Freedom of Information Act of 1966
B) Privacy Act of 1974
C) Fair Labor Standards Act of 1929
D) National Labor Relations Act of 1935

Question 80

Which act requires employers to grant workers unpaid leave for the care of a newborn child, an ill family member, or their own illness?

A) Civil Rights Act of 1964
B) Civil Rights Act of 1991
C) The Family and Medical Leave Act
D) Pregnancy Discrimination Act