Deck 2: Legal Compliance

Question 1

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 for only for certain reasons.

Answer 1

False

Question 2

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

Answer 2

False

Question 3

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

Answer 3

False

Question 4

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

Question 5

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

Question 6

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

Question 7

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 8

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

Question 9

Constitutional law supersedes any other source of law or regulation.

Question 10

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

Question 11

Employment contracts may be written but not in oral form.

Question 12

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

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

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

Question 22

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

Question 23

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

Question 24

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 25

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

Question 26

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

Question 27

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 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

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 30

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 31

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

Question 32

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

Question 33

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

Question 34

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

Question 35

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

Question 36

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 37

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 38

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 39

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

Question 40

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 41

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

Question 42

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

Question 43

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

Question 44

The Immigration Reform and Control Act prohibits employment discrimination on the basis of national origin or citizenship status.

Question 45

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 46

Most private employers cannot legally require applicants or employees to take a polygraph test,except in special circumstances.

Question 47

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

Question 48

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

Question 49

Some state laws prohibit discrimination on the basis of sexual orientation and gender identity or expression.

Question 50

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 51

Those who get an H-1B are typically employed in occupations such as architect,engineer,computer programmer,accountant,doctor,and professor.

Question 52

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 53

The law prohibits the use of genetic information in employment.

Question 54

Employers are allowed to take actions like terminating or demoting members of the uniformed services if they have to serve for an extended period of time overseas.

Question 55

It is unlawful to recruit an unauthorized alien for employment in the United States.

Question 56

Polygraphs cannot be used to investigate theft,embezzlement,or sabotage that causes economic loss to the employer.

Question 57

Nearly everyone who wishes to work in the United States is eligible for an H-1B visa.

Question 58

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

Question 59

Both private and public employers have a legal mandate to test applicants only for KSAOs that are directly job related.

Question 60

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

Question 61

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 62

What can employers do to ensure that permatemps,that is,individuals from staffing firms who have long-term relationships with an employer,are not considered employees of their firm?

A) Never exercise direct control over these people and treat them separate from regular employees.
B) Ensure they provide sufficient training and supervision.
C) Provide permatemps with special hats indicating their status as temporary.
D) None of these is correct.

Question 63

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 64

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 these.

Question 65

The most prevalent form of the employment relationship is _________.

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

Question 66

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 these

Question 67

The role of federal agencies is to ___________.

A) develop,create,and implement the law
B) interpret,administer,and enforce the law
C) facilitate greater communication between courts
D) render decisions in court cases regarding employment law

Question 68

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 these are correct

Question 69

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 these are correct.

Question 70

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

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

Question 71

Due process rights have their primary source in _________.

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

Question 72

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 73

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 these is true.

Question 74

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

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

Question 75

The primary source of common law is ________.

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

Question 76

Applicants for jobs covered by civil service laws and regulations often have rights to appeal hiring decisions,testing processes,or test contents and methods.
Multiple Choice Questions

Question 77

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 78

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 79

Agencies that regulate fair employment practice exist at which level?

A) federal
B) state
C) local
D) all of these

Question 80

Statutory law is derived from _________.

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