Deck 51: Employment Law

Question 1

Title VII disparate impact suits involve situations in which an employer has treated an individual differently because of the person's race,sex,color,religion or national origin.

Answer 1

False
Explanation: Title VII disparate treatment claims involve allegations that an employer treated an employee differently because of the employee's protected status (race,color,religion,sex,or national origin).

Question 2

Under the public policy exception to employment at will,most courts limit "public policy" to the policies advanced by existing law.

Answer 2

True
Explanation: Under the public policy exception to employment at will,most courts limit "public policy" to the policies furthered by existing laws such as constitutional provisions,statutes,and perhaps administrative regulations and common law rules.

Question 3

Although the Occupational Safety and Health Administration (OSHA)administers the Occupational Safety and Health Act,OSHA is not empowered to inspect businesses to enforce those regulations.

Answer 3

False
Explanation: The Occupational Safety and Health Administration (OSHA)can inspect places of employment for violations of the Occupational Safety and Health Act and its regulations.

Question 4

Title VII of the 1964 Civil Rights Act forbids employment discrimination on the basis of race,color,religion,sex,and national origin.

Question 5

The principle of employment at will says that either party can terminate an employment contract of indefinite duration.

Question 6

An individual can sue a former employer for OSHA violations that the individual witnessed.

Question 7

The Employee Polygraph Protection Act makes it illegal for an employer to require a prospective employee to take a lie detector test.

Question 8

The amount recoverable by an injured employee under each category of damages from a workers' compensation system is frequently more than or at least equivalent to what would be obtained in a successful negligence suit.

Question 9

The Equal Pay Act (EPA)prohibits discrimination in pay based on gender.

Question 10

Social security basically is a social compromise.

Question 11

The Age Discrimination in Employment Act protects people aged 40 and over from age discrimination.

Question 12

The Fair Labor Standards Act requires double-pay for all working hours in excess of 40 per week.

Question 13

The Family and Medical Leave Act requires employers to pay employees while they take leave for one of the reasons stated in the act.

Question 14

The Occupational Safety and Health Act applies to all employers engaged in a business affecting interstate commerce.

Question 15

Workers' compensation protects not only employees,but independent contractors as well.

Question 16

Mr.Blue is driving to work and gets into an accident.Since he was on his way to work Mr.Blue will be able to recover damages through his state's Workers Compensation system.

Question 17

Drug and alcohol testing of public employees is unconstitutional.

Question 18

Unemployment compensation is provided entirely at the federal level,and the states have no role to play in this matter.

Question 19

All of the fifty states in the United States have a Workers Compensation system.

Question 20

Recovery for occupational diseases is allowed under the workers' compensation system.

Question 21

_____ prohibited federal court enforcement of yellow-dog contracts.

A) The National Labor Relations Act
B) The Railway Labor Act
C) The Norris-LaGuardia Act
D) The Fair Labor Standards Act

Question 22

An employee cannot sue her employer for a violation of _____.

A) OSHA
B) FLSA
C) ERISA
D) FMLA

Question 23

In order for a business to be covered under the Federal Medical and Leave Act (FMLA)how many employees must the business employ?

A) 50 or more
B) 5 or more
C) 75 or more
D) 2 or more

Question 24

In order for a worker to succeed in obtaining a workers' compensation award,the worker must demonstrate that the:

A) employer was at fault in causing the accident.
B) injury was work-related.
C) worker was not at fault in contributing to the accident.
D) injury was due to a co-worker.

Question 25

If an employer terminated an employee to prevent having to pay benefits on a case then the employee may have an action for breach of the implied covenant of good faith and fair dealing.

Question 26

In which of the following situations will a state make an award of workers' compensation to an injured worker,if the state is using an "increased risk" test to define the relationship between an injury and the nature of employment?

A) A secretary is assaulted by a trespasser in an accounting firm.
B) A security guard employed by a software company is assaulted by a trespasser.
C) Two employees engage in an arm wrestling match and are injured as a result.
D) An employee attempts to impress his co-worker by placing a lit match close to his hand and is burned as a result.

Question 27

In general,which of the following statements is correct with respect to unemployment compensation?

A) An employee who voluntarily quits work without a reasonable cause is entitled to unemployment compensation.
B) An individual who has been discharged from employment because of work-connected misconduct is ineligible for unemployment compensation.
C) The maximum period during which unemployment compensation may be collected is uniform throughout the United States.
D) The maximum amount of unemployment compensation paid by a state is determined by federal law.

Question 28

Congress enacted the _____ after congressional investigations during the 1950s uncovered corruption in internal union affairs and revealed that the internal procedures of many unions were undemocratic.

A) Norris-LaGuardia Act
B) Landrum-Griffin Act
C) Taft-Hartley Act
D) Wagner Act

Question 29

The federal and state governments are exempted from which of the following acts?

A) The Family and Medical Leave Act
B) The Fair Labor Standards Act
C) The Equal Pay Act
D) The Occupational Safety and Health Act

Question 30

Social Security is mainly financed by _____.

A) FICA
B) ERISA
C) FLSA
D) FMLA

Question 31

While in the course of employment with Marco,Inc. ,Payne was injured.Marco has complied with the state's mandatory workers' compensation statute.Marco's workers' compensation carrier has asserted the following defenses to Payne's claim for workers' compensation benefits:
I)Marco was free from any wrongdoing.
II)Payne assumed the risk by disregarding Marco's safety procedures.
III)Payne's injury was intentionally self-inflicted.
Which defense(s)asserted by the workers' compensation carrier,if proven,will prevent Payne from recovering?

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

Question 32

_____ established an 80-day cooling-off period for strikes that the president finds likely to endanger national safety or health.

A) The Norris-LaGuardia Act
B) The Wagner Act
C) The Taft-Hartley Act
D) The Landrum-Griffin Act

Question 33

For an employee to recover under a workers compensation system what percentage of negligence must the employer be found guilty of?

A) There is no requirement for a finding of employer negligence
B) Employer must be 51% negligent for the injury
C) Employer must be more than 30% negligent for the injury
D) Employer must be more than 75% negligent for the injury

Question 34

In general,which of the following is an available method of complying with a state's workers' compensation statute?

A) Maintenance of a contingency fund by the employee
B) Participation in the state insurance fund by the employer
C) Participation in a federal insurance fund by the employee
D) Purchase of private insurance by employees

Question 35

Which of the following statements about the Employee Retirement Income Security Act (ERISA)is accurate?

A) ERISA does not impose fiduciary duties on pension fund managers.
B) ERISA does not allow pension plan participants to sue employers.
C) ERISA does not require employers to establish or fund pension plans.
D) ERISA does not guarantee employee participation in pension funds.

Question 36

Unemployment compensation is administered by _____.

A) the social security system
B) the states
C) the secretary of labor
D) the federal government

Question 37

Under which of the following situations is an employee most likely to recover under a workers' compensation system?

A) Injuries suffered while traveling to work
B) Injuries resulting from employee horseplay
C) Self-inflicted injuries
D) Injuries related to occupational diseases

Question 38

Workers' compensation systems have failed to eliminate which of the following employer defenses?

A) Injuries resulting from employee horseplay
B) Implied assumption of risk by the employee
C) Injuries resulting from the negligence of the employee
D) Injuries resulting from the negligence of a coemployee

Question 39

Featherbedding was declared an unfair labor practice by the _____.

A) Landrum-Griffin Act
B) Wagner Act
C) Norris-LaGuardia Act
D) Taft-Hartley Act

Question 40

The Fair Labor Standards Act (FLSA)regulates wages and hours by entitling covered employees to a time-and-a half rate for work exceeding _____ hours per week.

A) 55
B) 50
C) 45
D) 40

Question 41

Which of the following is one of the four material elements required for meeting the substantially-equal-work condition for application of the Equal Pay Act?

A) Equal training opportunities
B) Equal remuneration
C) Equal responsibility
D) Equal bonus structure

Question 42

Which of the following relieves an employee of the hassle of separately filing charges under Title VII with the EEOC and with the state agency?

A) Featherbedding by the EEOC
B) Worksharing agreements of the EEOC
C) A "right-to-sue" letter by the EEOC
D) Yellow-dog contracts of the EEOC

Question 43

Which of the following is least likely to be forbidden by Title VII?

A) Discrimination against a man solely because of his gender.
B) Discrimination against a woman solely because she is a lesbian.
C) Discrimination against a black woman solely because of her religion.
D) Discrimination against a person of French ancestry because he "talks like an Englishman."

Question 44

Jack is Martha's boss.They are lifeguards working for the City of Miami.Jack is very interested in developing a romantic relationship with Martha.However,Martha is not attracted to Jack.His attention is unwelcome to her.Jack tells Martha that if she will engage in sexual relations with him,he will give her the highest employee evaluation possible,and she will get a raise.This is an example of:

A) quid pro quo sexual harassment.
B) sociological harassment.
C) hostile environment harassment.
D) tangible sexual harassment.

Question 45

Which of the following entities is covered by Title VII? Assume that the entity in question discriminates on one of the bases forbidden by Title VII.

A) An individual who employs 5 people.
B) A corporation employing 10 people.
C) A labor union with 20 members.
D) A private college with 12 employees.

Question 46

Tina and Tom are co-workers at Acme Corporation.As night custodians,they work together cleaning the Acme office building at night when the building is empty.Tom regularly makes sexual advances toward Tina that distress her.However,Tina has never complained about Tom's conduct to her supervisor,Mary,who only works during the day.Which of the following statements is most accurate?

A) Acme Corporation is strictly liable for Tom's harassment of Tina.
B) Acme Corporation may defend that it did not know about Tom's harassment of Tina.
C) Acme Corporation is not liable because Tom is not Tina's supervisor.
D) Acme Corporation is not liable because Tina voluntarily accepted the job of a night custodian.

Question 47

An employer is most likely to raise the _____ defense for a mixed-motives disparate treatment claim under Title VII.

A) seniority
B) various merit
C) same-decision
D) BFOQ

Question 48

Identify the type of employers covered by Title VII of the Civil Rights Act of 1964.

A) Employers with 3 employees or more and engaged in an industry affecting intrastate commerce.
B) Employers with 15 employees or more and engaged in an industry affecting interstate commerce.
C) Employers with 30 employees or more and engaged in an industry affecting intrastate commerce.
D) All employers engaged in industries affecting interstate commerce.

Question 49

Which of the following is generally true regarding sexual harassment suits under Title VII?

A) Employers are vicariously liable for sexual harassment by supervisory and nonsupervisory employees of the organization.
B) The employee must show a tangible job detriment such as a firing or the denial of a promotion,or she will lose the case.
C) In all sexual harassment cases,the alleged harassment must be unwelcome or the employee will not recover.
D) All the courts agree that same-sex sexual harassment violates Title VII.

Question 50

The Newtown Police Dept.(NPD)is a force of 55 officers and 30 support personnel.NPD has just adopted new hiring standards for new police officers.These include a minimum height of 5'8",a minimum weight of 160 pounds.Susan is a recent graduate with a Bachelor's Degree in Police Science.She wants to get a job as a police officer in Newtown.However Susan is only 5'5" and she weighs 130 pounds.If Susan brings a legal challenge to NPD's new hiring standards,what legal basis might she have?

A) Disparate treatment
B) Disparate impact
C) Irrational standards
D) Irrational policy

Question 51

Which of the following is NOT true about Title VII?

A) It forbids discrimination on the basis of national origin.
B) It prohibits discrimination on the basis of homosexuality or transsexuality.
C) It prohibits racial discrimination against whites.
D) It forbids religious discrimination against atheists.

Question 52

Which of the following is a similarity between Title VII and the employment discrimination provision known as "Section 1981"?

A) Both Title VII and Section 1981 apply to sex discrimination.
B) Both Title VII and Section 1981 apply to racial discrimination.
C) Both Title VII and Section 1981 impose limits on covered employees.
D) Both Title VII and Section 1981 impose limits on compensatory damages.

Question 53

Under Title VII,when can a private plaintiff file a lawsuit?

A) Within 90 days of receiving the "right-to-sue" letter
B) Within 120 days of filing a charge with the EEOC
C) Within 120 days of receiving the "right-to-sue" letter
D) Within 90 days of filing a charge with the EEOC

Question 54

The 1967 Age Discrimination in Employment Act (ADEA)prohibits age-based employment discrimination against employees who are at least _____ years of age.

A) 30
B) 35
C) 40
D) 45

Question 55

In which of the following situations is an employer least likely to be able to escape Title VII liability on the basis of a BFOQ defense?

A) Where the alleged BFOQ promotes an accountancy firm's newly adopted goal of fetal protection.
B) Where the alleged BFOQ is needed in an all-male prison which houses sex offenders.
C) Where a man is denied work as an undergarment fitter for female customers at a department store.
D) Where a French restaurant denies a German a job as a "French Chef."

Question 56

A plaintiff will succeed against her employer in a disparate treatment case under Title VII if she can prove that:

A) her employer does not pay her well.
B) her workload is very high.
C) her employer rarely approves her requests for leave of absence.
D) her employer discriminates against her on the basis of race.

Question 57

The usual Title VII suit is a suit by _____.

A) the EEOC
B) the Department of Labor
C) the states
D) a private plaintiff

Question 58

What type of damages can a plaintiff recover under Title VII when the defendant discriminated with malice or with reckless indifference to the plaintiff's rights?

A) Compensatory damages
B) Nominal damages
C) Punitive damages
D) Contemptuous damages

Question 59

In which of the following ways does the Age Discrimination in Employment Act (ADEA)differ from Title VII?

A) A plaintiff must file a charge with the EEOC or a state agency under Title VII,but not under the ADEA.
B) Unlike Title VII,the ADEA does not incorporate mixed-motives claims of disparate treatment.
C) Title VII has a BFOQ defense but the ADEA does not.
D) A successful plaintiff can get equitable relief under Title VII,but not under the ADEA.

Question 60

Which of the following statements about the Equal Pay Act (EPA)is accurate?

A) An employee may recover liquidated damages under the EPA.
B) The EPA requires that private plaintiffs submit their complaints to the EEOC.
C) Employee suits under the EPA are for unpaid wages or overtime.
D) The EPA is enforced by the Labor Department.

Question 61

The White Forest Employment Agency has 35 employees.White Forest pays all its female employees less than all its male employees.It also refuses to refer female customers to any "Fortune 500" corporations (all of which are big and have operations in more than one country).Of the two kinds of discrimination in which White Forest engages,which is covered by Title VII?

Question 62

Allie is a licensed pilot who is nearsighted.She has 20/20 (perfect)vision when she wears her contact lenses.Without her contact lenses,she cannot read or drive,but with her contact lenses,she is able to engage in these activities.Acme Airlines has a requirement that its pilots have 20/20 uncorrected vision.Allie applies for a pilot position with Acme,and is rejected based on her need to wear contact lenses.Allie goes to the EEOC to file a charge under the ADA against Acme Airlines.What is the likely result?

Question 63

Mr.Smithers is the owner of Meany Co.In the past few months,office stationary supply orders have risen significantly from the same period in previous years due to a sudden shortage in items such as paper.Mr.Smithers is convinced that employees are to blame for the paper shortage because they are taking paper without permission for their personal use.Mr.Smithers orders that all the supply rooms,copy rooms,lounges,and the employee locker rooms be monitored with hidden surveillance cameras.Discuss the potential legal consequences if such an action is taken by Meany Co.

Question 64

The Employee Polygraph Protection Act is enforced by the _____.

A) Labor Department
B) state
C) EEOC
D) NLRB

Question 65

What Constitutional Amendment protects employees from drug and alcohol testing at a private employer?

A) Fourth Amendment - Search and seizure rule
B) Fifth Amendment - Right to a speedy trial
C) Fourteenth Amendment - Equal protection rule
D) There is no constitutional protection since it is a private employer

Question 66

Bill didn't exactly fit in at the XYZ Corporation.First,Bill lost out on a promotion because a female co-employee was having sexual relations with their mutual boss and for that reason got the promotion instead.Later,Bill was denied a raise because he refused to have sex with his male supervisor.Still later,Bill was fired when he refused to have a sexual relationship with the firm's female CEO.Bill sues XYZ for sexual harassment,citing all three incidents.Across the 50 states,for which of the incidents is he most likely to recover? Why?

Question 67

Joe Smith,a police patrolman,joins a new religious sect which renounces any real or threatened use of force against another human being for any reason.Thus,Joe refuses to employ or threaten any kind of physical force against anyone he encounters in his patrolman's job.Instead,he tries to reason with lawbreakers and to instruct them about God's will.For this reason,the city police force reassigns Joe from his patrolman's job to an office job.Joe sues for religious discrimination under Title VII.Can the department successfully argue that it isn't discriminating against Joe's religion,just the way he does his job? If not,what else can the department argue? How successful is this argument likely to be?

Question 68

Which of the following is least likely to make an employer liable for unjust dismissal or wrongful discharge under the public policy exception to the employment at will doctrine?

A) Firing an employee for his refusal to work on a contract to manufacture weapons because of his religious convictions.
B) Firing an employee for his refusal to commit perjury in a $1,000,000 product liability suit against the firm.
C) Firing a middle-level manager for refusing to violate Title VII by denying a promotion to a black subordinate.
D) Firing an employee for filing a workers' compensation claim against the employer.

Question 69

Agnes,a waitress at a restaurant,suffers severe anxiety attacks when things get really busy at her job.As a result,she is a very ineffective waitress when the restaurant is crowded.For this reason,she is fired.Maybe her employer could have assigned Agnes to shifts when the restaurant is not busy,but this would have irritated the other waitresses,caused significant scheduling difficulties,and appreciably increased expenses.If Agnes sues the restaurant under the Americans with Disabilities Act (ADA),the restaurant's best argument would be:

A) that Agnes's anxiety attacks are not a disability under the ADA.
B) that the ADA doesn't require employers to accommodate such disabilities.
C) that accommodating Agnes would cause the restaurant undue hardship.
D) that the ability to handle stress is a BFOQ for the job of being a waitress.