Deck 32: Employment Law

Question 1

Even if an employer incorrectly believes that an employee has a covered disability,the employee is not protected from discriminatory practices.

Answer 1

False

Question 2

Sexual harassment is a form of discrimination on the basis of sex and is illegal under federal law and legal under state law.

Answer 2

True

Question 3

There are numerous federal and state laws that serve to protect employees from accidents and sicknesses that are job-related.

Answer 3

True

Question 4

Same-sex harassment is not considered to be an illegal practice under many state laws.

Question 5

Workers' compensation provides that damages may be recovered for work-related injuries by:

A) employers.
B) employees.
C) beneficiaries.
D) trustees.

Question 6

Many employers have employee assistance programs in place,a company benefit that provides opportunities for counseling and:

A) stress reduction.
B) opportunities.
C) promotions.
D) appraisal.

Question 7

Discrimination in employment is prohibited on the basis of race,creed,color,sex,but not on place of national origin.

Question 8

Occupational Safety Health Act inspects workplaces to be certain that these worksites comply with safety and health standards.

Question 9

Several states have laws making it illegal to discriminate on the basis of age against persons who are over the age of 21.

Question 10

If a case of sexual harassment winds up in court,the employer will attempt to defend against the lawsuit by demonstrating that there was no effective sexual harassment program in force.

Question 11

Even in the event that an agreement is not reached between the employer and the union,the union does not have a right to call a strike.

Question 12

A type of insurance that provides that employees may recover damages for work-related injuries and illnesses without having to prove negligence on the part of the employer is known as:

A) workers' compensation.
B) provident fund.
C) stipend.
D) gratuity.

Question 13

Employees may sue their employers if it was the employer's intentional or grossly negligent conduct that caused the injury or illness.

Question 14

An effective sexual harassment program is one that is in writing and communicated to the employees.

Question 15

A remedy in which an employee who sustains a work-related injury or illness can only recover damages through workers' compensation and may not file a lawsuit against his or her employer is known as a(n):

A) exceptional remedy.
B) preventive remedy.
C) exclusive remedy.
D) unavoidable remedy.

Question 16

Employees may still sue their employers if it was the employer's ____________ conduct that caused the injury or illness.

A) intentional
B) malicious
C) abrupt
D) grossly negligent

Question 17

During the negotiation process,the union cannot ensure that the employer bargains in good faith.

Question 18

Under federal law,employees do not have a right to form,join,or assist a labor union.

Question 19

The fact that an employee is prohibited from suing his or her employer for a work-related injury or illness does not preclude the employee from suing a third party,even if the injury or illness occurred while the employee was on the job.

Question 20

Persons considered disabled under the Americans with Disabilities Act would include individuals who are sight impaired,or who are hearing impaired,or use a wheelchair.

Question 21

A federal agency responsible for administering laws relating to labor unions is known as a:

A) National Labor Retaliation Board.
B) State Labor Relations Board.
C) National Labor Relations Board.
D) National Law Regulation Board.

Question 22

Under federal and state law,companies must maintain and report detailed records to demonstrate that their employment practices are nondiscriminatory.These reports are referred to as:

A) bonafide affirmation plans.
B) affirmative action plans.
C) legal insurance plans.
D) antidiscrimination plans.

Question 23

Several states have laws making it illegal to discriminate on the basis of age against persons who are over the age of:

A) 18.
B) 19.
C) 20.
D) 21.

Question 24

The Civil Rights Act of 1991 is a federal statute that provides two important additional remedies to an employee who can prove that he or she was a victim of:

A) discrimination.
B) disability.
C) terror attack.
D) harassment.

Question 25

The "Americans with Disabilities Act" defines disability as a(n)_________that substantially limits one or more of the major activities of life.

A) impairment
B) accident
C) tragedy
D) incompetence

Question 26

Favoritism is a form of:

A) sexual harassment.
B) racial harassment.
C) religious harassment.
D) age discrimination.

Question 27

Under federal law,employees have the right to form,join,and assist a labor union through representatives of their own choosing and the right to bargain:

A) immediately.
B) advertently.
C) individually.
D) collectively.

Question 28

The protected class created pursuant to the Age Discrimination in Employment Act is of persons:

A) who are minors.
B) over the age of 40.
C) who are spouse of employee.
D) who are decedents of ex-employee.

Question 29

The Americans with Disabilities Act of 1990 (ADA)is designed to protect __________from illegal discrimination in employment on the basis of disability.

A) corporations
B) charitable trust
C) state
D) individuals

Question 30

The Americans with Disabilities Act protects persons who are not currently disabled but who have a record of a:

A) mental disability.
B) physical disability.
C) covered disability.
D) hidden disability.

Question 31

The Occupational Safety and Health Act of 1970 created a federal agency,to administer its various provisions,known as the:

A) Organizational Safety and Health Administration.
B) Organizational Safety and Health Association.
C) Occupational Safety and Health Administration.
D) Organizational Services and Health Administration.

Question 32

It is illegal throughout the employment process,including outreach,hiring,job classification,salary,promotions,benefits,discipline,layoffs,and termination,to discriminate against employees who are members of a:

A) protected class.
B) unprotected class.
C) trade union.
D) discriminated class.

Question 33

Discrimination in employment is covered in the Civil Rights Act of 1964 under:

A) Title V.
B) Title VI.
C) Title VII.
D) Title VIII.

Question 34

A physical or mental impairment that substantially limits one or more of the major activities of life is defined by the Americans with Disabilities Act as:

A) disability.
B) tragedy.
C) accident.
D) incompetence.

Question 35

At times,employees may engage in a______________,that is,a strike without the union's consent,or a slowdown,wherein employees report to work but intentionally decrease their productivity.

A) secondary boycott
B) featherbedding
C) lockout
D) wildcat strike

Question 36

The act passed to promote safety and health in the workplace is known as the:

A) Civil Rights Act of 1964.
B) Occupational Safety and Health Act of 1970.
C) Age Discrimination in Employment Act of 1967.
D) Pregnancy Discrimination Act of 1978.

Question 37

The union has the right to negotiate a contract with the employer that covers all terms and conditions of employment.This is known as a(n):

A) collective bargaining agreement.
B) usurious agreement.
C) gambling and wagering agreement.
D) agreement not to compete.

Question 38

Persons who suffer from diseases such as cancer,diabetes,alcoholism,AIDS,epilepsy,manic depression,or schizophrenia are protected under the:

A) Occupational Safety and Health Act of 1970.
B) Americans with Disabilities Act of 1990.
C) Health Insurance Portability and Accountability Act of 1996.
D) Health Maintenance Organization Act of 1973.

Question 39

As a response to OSHA standards,companies are paying greater attention to the developing science of ergonomics,which deals with designing workplaces so as to promote safety and:

A) economic conditions.
B) wealth.
C) personal developments.
D) health.

Question 40

The federal statute designed to protect individuals from illegal discrimination is known as the:

A) Occupational Safety and Health Act of 1970.
B) Age Discrimination in Employment Act of 1967.
C) Civil Rights Act of 1964.
D) Pregnancy Discrimination Act of 1978.

Question 41

Explain the Civil Rights Act of 1964 and how it relates to the Equal Employment Opportunity Commission.

Question 42

State and describe the Family Medical Leave Act of 1993 (FMLA).

Question 43

State and describe at least three rights of an employer.

Question 44

Explain the important provisions of the Occupational Safety and Health Act.