Deck 19: Labor and Employment Discrimination Law

Question 1

Germany grants its workers great rights to participate in the management of the business.

Answer 1

True

Question 2

Many foreign nations attract investment because of less demanding labor and environmental laws.

Answer 2

True

Question 3

The U.S.view is now that an employer must bargain with its employees over whether to shut down part of its business.

Answer 3

False

Question 4

In Germany,the supervisory board of directors is responsible for representing shareholder interests.

Question 5

In many countries,employers are required by law to consult with worker's groups prior to any large-scale dismissals.

Question 6

In Japan,union leadership is a stepping stone to management.

Question 7

Workers in the United States acquire a property interest in their jobs such that severance pay is an entitlement to compensate for property taken upon dismissal from the position.

Question 8

An American citizen working abroad for a wholly owned subsidiary of a British company will be protected by the ADEA if the subsidiary is a U.S.corporation.

Question 9

In the Civil Rights Act of 1991,Congress extended Title VII to all U.S.firms operating outside the United States.

Question 10

EU laws prohibiting sex discrimination are similar to those in the United States.

Question 11

In Germany,companies that employ more than 2,000 workers must have supervisory boards with 25% representation from labor and 75% representation from shareholders.

Question 12

A number of foreign countries,especially those with a two-tiered board structure,require substantial employee representation on the board of directors.

Question 13

Europeans tend to feel that over a period of time,employees acquire a property interest in their jobs.

Question 14

Under German Works Constitution Act,an employer has the right to close a plant or business facility at any time and without consultation with workers.

Question 15

As compared to the United States,there has been greater litigation in Europe concerning discrimination than in the United States.

Question 16

The European Union treaties do not address discrimination on the grounds of nationality.

Question 17

With the Civil Rights Act of 1991,Congress extended Title VII to firms operating outside the United States under the "control of U.S.entity."

Question 18

In Reyes-Gaona v.North Carolina Growers,the court grappled with the issue of:

A) Whether U.S. antitrust law applied to a U.S. company in Mexico.
B) Whether Mexican antitrust law applied to Mexican work in North Carolina.
C) Whether the U.S. ADA law applied in Mexico.
D) None of the above.

Question 19

Some of the newly formed countries of the former Soviet Union have laws that mandate discrimination against certain people.

Question 20

In the United States,employers must have a good cause and give adequate notice before dismissing an employee.

Question 21

In the Kochi Hoso case,a Japanese radio broadcaster sued his employer for dismissal.As required by Japanese law,the employer maintained written rules specifying conditions for which the employee could be discharged.The employee was late for a broadcast on two occasions and was discharged pursuant to the written rules.The court ruled that:

A) The employee could be discharged because the rules were in writing according to Japanese law.
B) The employee could be discharged because of the seriousness of the offense.
C) The employee was reinstated to his job because the law was unconstitutional.
D) The employee was reinstated to his job because the discharge was significantly unreasonable under the circumstances and in violation of the socially accepted view.

Question 22

Draft a covenant identifying international standards regarding discrimination in employment.

Question 23

Draft a treaty between the U.S.and at least one other nation regarding international employment discrimination.

Question 24

Compare and contrast employment discrimination laws in the United States with those in Europe.What are the policy underpinnings?

Question 25

The European Union treaties prohibit discrimination on the basis of:

A) Religion.
B) Ethnic Background.
C) Nationality.
D) All of the above.

Question 26

Compare and contrast attitudes toward the employer-employee relationship in the United States with those in other countries.How are these reflected in the respective legal frameworks?

Question 27

With regard to global working conditions of child labor and prison labor,which of the following statements is true?

A) Efforts to develop WTO trade rules that tie labor standards to international trade have borne fruit in the new GATT understandings between industrialized and developing nations.
B) Section 301 of the U.S Trade Act of 1974 has been amended to impose tariffs on goods that are produced by child labor or prison labor.
C) A few companies, such as Levi-Strauss & Co., have adopted global sourcing guidelines to use only suppliers who do not make use of child or prison labor.
D) Since NAFTA, Mexico has made great strides in making sure that children below the age of 14 are kept in school and not used in manufacturing operations.

Question 28

According to the EEOC,under Title VII as amended in 1991,a U.S.company is liable for unlawful discrimination against U.S.citizen/employees in which of the following cases?

A) The foreign subsidiary is 100% owned by a U.S. parent company.
B) The foreign subsidiary is at least 50% owned by the U.S. parent company.
C) The foreign subsidiary is 25% owned by a U.S. company.
D) A, B, and C are all situations where a U.S. company may be liable under Title VII.

Question 29

Compare and contrast the employee discharge laws in the U.S.with those in Germany.

Question 30

You are an international human resources consultant retained by Pacific Paper Products,a U.S.corporation headquartered in Seattle.PPP recently downsized its operations located in Germany,which resulted in significant layoffs.The basis of this decision was the inability of the German plants to generate sufficient revenues.Although marginally profitable,PPP concluded that it would be fiscally prudent to downsize the facilities.PPP provided ten days written notice to their employees at these facilities prior to their termination.In response,the employees have submitted claims for wrongful discharge.You have been retained to advise PPP's board of directors on the validity of these claims.Did PPP's closure of the plant violate German law? Are the former employees' claims for wrongful discharge valid? Why or why not?

Question 31

In many European countries,workers have been granted a right of consultation about or notice before reducing the work force.The country that generally grants its workers the most rights of participation is:

A) Great Britain.
B) France.
C) Germany.
D) Italy.

Question 32

As to the general direction of labor abroad:
I) few countries require employee consultation or participation in management decisions.
II) Many countries place restraints on employee dismissal that are unfamiliar to U.S. investors.

A) I only.
B) II only.
C) Both I and II.
D) Neither I nor II.

Question 33

In the Civil Rights Act of 1991, Congress extended Title VII to:
I) U.S. firms operating outside the United States under the control of a U.S. entity.
II) U.S. firms operating outside the United States except where compliance with Title VII would violate the local law of the country where the firm is located.
III) Foreign firms operating abroad that employ U.S. citizens.

A) I only.
B) I and II.
C) I and III.
D) II and III.

Question 34

Ms.Anderson is a 53-year-old American citizen working in New York for QMB,Inc.,a wholly owned subsidiary of QMB,GMBH,a German corporation.She applies for the position of Vice President of QMB,GMBH¾a position based in Munich¾and is denied the promotion on the basis of her age.How will a U.S.federal court treat Ms.Anderson's failure-to-promote claim under the ADEA?

A) The court must proceed with the case since Ms. Anderson is a U.S. citizen working for QMB, Inc., a U.S. corporation.
B) The court will dismiss the claim on the grounds that the ADEA does not cover employment decisions regarding employment outside the United States made by a foreign-run company.
C) The court will dismiss the claim on the grounds that age is a bona fide occupational qualification to the promotion position.
D) The court will dismiss the claim on the grounds of forum non conveniens.

Question 35

Unlike the case in the U.S., in many foreign nations, particularly European countries, when an investor acquires a firm:
I) The investor is compelled to adhere to existing employment arrangements.
II) The investor must raise workers' salaries at a set percentage determined by the host country.

A) I only.
B) II only.
C) Both I and II.
D) Neither I nor II.

Question 36

Weigh the benefits and detriments of a U.S.company employing workers in developing countries,including children.

Question 37

A number of countries in Europe require a two-tiered board of directors.The two-tiered boards are:

A) A supervisory board and a management board.
B) A minority board and a majority board.
C) An elected board and an appointed board.
D) A labor board and an administrative board.

Question 38

Provide examples of collective bargaining agreements that would and would not fall within the "foreign laws" exception.

Question 39

In Germany,workers:

A) Can be dismissed at the will of the employer.
B) Participate in corporate decisions.
C) Are often represented on boards of directors.
D) A and B
E) B and C

Question 40

Which of the following classifications are treated most similarly under the laws of Europe,the United States,and Japan?

A) Religion.
B) Nationality.
C) National origin.
D) Sex.