Deck 32: Employment Law

Question 1

During the negotiation process, a union does not have the right to ensure that the employer bargains in good faith.

Answer 1

False

Question 2

An effective sexual harassment program is one that is orally communicated to the employees.

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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

Question 5

The Federal Trade Commission inspects workplaces to be certain that these worksites comply with safety and health standards.

Question 6

Same-sex harassment is not considered illegal.

Question 7

Under federal law, employees are prohibited from forming, joining, or assisting a labor union.

Question 8

If a case of sexual harassment winds up in court, an employer can attempt to defend against the lawsuit by demonstrating that there was an effective sexual harassment program was in force.

Question 9

Even if an employer's intentional or grossly negligent conduct caused an employee injury or illness, the employee may not sue the employer.

Question 10

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

Question 11

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

A) intentional
B) malicious
C) grossly negligent
D) Both A and C

Question 12

If an employee has agreed to a workers' compensation scheme, she may not file a lawsuit against his or her employer for negligence because workers' compensation is the:

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

Question 13

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

Question 14

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

Question 15

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

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

Question 16

Many employers have employee assistance programs in place that provide opportunities for counseling and:

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

Question 17

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

Question 18

A type of insurance that allows employees to 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) worker illness

Question 19

In the event a collective bargaining agreement is not reached between an employer and a union, the union has the right to call a strike.

Question 20

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 21

The Americans with Disabilities Act (ADA) of 1990 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 22

The Occupational Safety and Health Act of 1970 was passed to promote ____________in the workplace.

A) anti-sexual harassment procedures
B) safety and health
C) anti-discrimination policies
D) employee assistance programs

Question 23

A union has the right to negotiate a contract an 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 24

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

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

Question 25

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 26

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 27

The Occupational Safety and Health Administration (OSHA), requires that companies maintain records of employee work-related accidents and sicknesses and post data regarding these __________.

A) Every month.
B) Twice a year.
C) Every February.
D) Every three months.

Question 28

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 29

The Civil Rights Act of 1991 is a federal statute that provides ___________to an employee who can prove that he or she was a victim of discrimination.

A) remedies
B) housing
C) wages
D) an attorney

Question 30

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 31

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 32

At times, 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 33

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 34

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

A) sex
B) race
C) national origin
D) religion

Question 35

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) occurrence

Question 36

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 37

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 38

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(n):

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

Question 39

The federal statute designed to protect individuals from illegal employment discrimination based on sex, race, color, religion, and national origin 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 40

A federal agency responsible for administering laws relating to labor unions is the:

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

Question 41

State and describe at least three rights of an employer as it pertains to labor unions and its employees.

Question 42

Describe the Family Medical Leave Act of 1993 (FMLA) and who is covered by it.

Question 43

Explain the purpose of the Occupational Safety and Health Act and two of its important provisions.

Question 44

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