Deck 23: Employment Law and Immigration

Question 1

Requiring union membership as a condition of continued employment is illegal in some states.

Answer 1

True

Question 2

An employer's discrimination against job applicants or employees on certain bases may violate both federal and state laws.

Answer 2

True

Question 3

An employer can refuse to bargain collectively with an elected employee representative.

Answer 3

False

Question 4

All employees are entitled to overtime pay.

Question 5

An oral promise that an employer makes to employees regarding discharge policy may be considered part of an implied contract.

Question 6

To hire noncitizen workers from other countries,an employer must first complete a labor certification process.

Question 7

It is an unfair employer practice to dis?crim?inate against an employee on the basis of union affiliation.

Question 8

The Civil Rights Act of 1964 prohibits job discrimination on the basis of experience.

Question 9

Children under fourteen years of age cannot work in hazardous occupations.

Question 10

To recover workers' compensation,an employee must prove that an injury was not the fault of the employer.

Question 11

Employers who provide pension plans for retired workers must comply with certain standards in how the pension funds are invested.

Question 12

An employer must verify documents establishing a prospective worker's identity and eligibility to work in the United States.

Question 13

"Whistleblower" statutes protect employees from being required to work overtime after "the whistle blows."

Question 14

An employer may hire an illegal immigrant if the employer files a special form.

Question 15

Only employers who engage in a "pattern or practice" of immigration law violations are subject to penalties.

Question 16

Employers who willfully violate safety regulations can be prosecuted under state criminal laws.

Question 17

The law guarantees union members higher wages than nonunion workers.

Question 18

A company seeking to hire a noncitizen worker may do so if the worker is "self-authorized."

Question 19

Certain employers must provide their employees with up to twelve weeks of family or medical leave during any twelve-month period.

Question 20

Most employees can continue the group health benefits provided by their employers for a limited period of time after the loss of employment.

Question 21

A victim of alleged employment discrimination must file a claim with the Equal Employment Opportunity Commission before bringing a suit against the employer.

Question 22

Super Sales Corporation provides Tyrone and other salespersons with meals and lodging when they are on the road.Under federal law,the term wages may include,besides pay,the reasonable cost to Standard of fur?nishing Tyrone with

A)lodging and meals.
B)lodging only.
C)meals only.
D)neither lodging nor meals.

Question 23

A small difference in job description can justify higher pay for one gender.

Question 24

An employer can be held liable for an employee's sexual harassment of a member of the same gender.

Question 25

An employer may avoid liability for unintentional discrimination by asserting that a practice with a discriminatory effect is a business necessity.

Question 26

Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination.

Question 27

The Age Discrimination in Employment Act of 1967 prohibits employ?ment discrimi?nation on the basis of age by persons of any age.

Question 28

Myron is an employee of Nero.Either party can terminate the employ?ment relationship at any time for any reason without liability.With re?spect to the employment-at-will doctrine,this is

A)an example of the doctrine.
B)an exception based on contract theory.
C)an exception based on public policy.
D)an exception based on tort theory.

Question 29

An employee who leaves a job voluntarily cannot later claim to have been "constructively discharged" on the basis of unlawful discrimination.

Question 30

An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.

Question 31

Punitive damages are not available in cases of employment dis?crimi?nation.

Question 32

Thalia is an employee of Universal Insurance Company.Universal's employee manual states that workers will be dismissed only for good cause.With respect to the employment-at-will doctrine,this is

A)an example of the doctrine.
B)an exception based on contract theory.
C)an exception based on public policy.
D)an exception based on tort theory.

Question 33

Compensatory damages are only available for victims of in?tentional employment dis?crimination.

Question 34

The Civil Rights Act of 1964 requires private employers to implement affirmative action policies.

Question 35

To bring an action against an employer based on intentional dis?crimina?tion,a person must show that he or she is a mem?ber of a protected class.

Question 36

Under the Americans with Disabilities Act of 1990,employers must not cause persons with disabilities to suffer "undue hardship."

Question 37

Under the Americans with Disabilities Act of 1990,employers must hire persons with disabilities even if they lack neces?sary job qualifications.

Question 38

The Americans with Disabilities Act of 1990 defines persons with disabilities as persons impaired mentally or physically "in any way."

Question 39

Flem is an employee of Glo Goods,Inc.Flem reports to state officials that Glo is illegally shipping unsafe goods to unsuspecting customers.When Glo learns of Flem's report,Glo fires him.He successfully sues Glo for wrongful discharge.With respect to the employment-at-will doctrine,this is

A)an example of the doctrine.
B)an exception based on contract theory.
C)an exception based on public policy.
D)an exception based on tort theory.

Question 40

Uri is an employee of Verity Security Services.For Uri to obtain the benefits of federal wage-hour requirements,Verity must be engaged in

A)business activity.
B)employment at will.
C)international commerce.
D)interstate commerce.

Question 41

Fruits & Vegetables,Inc. ,employs hundreds of seasonal and permanent workers,both skilled and unskilled,in seven states.Fruits & Vegetables can hire illegal immigrants

A)if either the employer or the immigrants file special forms.
B)only if the employer files a special form.
C)only if the immigrants file special forms.
D)under no circumstances.

Question 42

Hu,Ivan,and Juana apply to work for King Meatpacking Company.These individuals' identities and eligibility to work must be verified by

A)the employer.
B)the individuals.
C)the individuals' countries of origin.
D)the U.S.Citizenship and Immigration Services.

Question 43

Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws.The most important federal statute prohibiting discrimination against members of protected classes is

A)the Age Discrimination in Employment Act of 1967.
B)the Americans with Disabilities Act of 1990.
C)the Pregnancy Discrimination Act of 1978.
D)Title VII of the Civil Rights Act of 1964.

Question 44

Leif is seventy years old and Mira is gay.Based on this information,members of protected classes include

A)Leif and Mira.
B)Leif only.
C)Mira only.
D)neither Leif nor Mira.

Question 45

United Industrial Corporation gives preferential treatment in hiring and promotion to the members of all protected classes.This treatment results in discrimination against members of the majority.This is

A)a bona fide occupational practice.
B)a business necessity.
C)constructive discharge.
D)reverse discrimination.

Question 46

Hoppy,who works as an employee for Imperial Power Corporation,suf?fers an injury in an accident.Hoppy may be compen?sated under state work?ers' compensation laws

A)only if the injury occurred during working hours.
B)only if the injury occurred on the job.
C)under no circumstances because the injury was an accident.
D)whenever and wherever the injury occurred.

Question 47

Socrates Software Corporation wants to hire Tomas,a noncitizen.To hire Tomas,Socrates must petition

A)CIS.
B)H1-B.
C)ICE.
D)RICO.

Question 48

Gus is an employee of Harden Steel Company.Under federal labor law,Gus and other employees have the right to

A)bargain collectively with Harden through their representatives.
B)insist that Harden require union membership as a condition of work.
C)interfere with the efforts of others to form labor organizations.
D)refuse to bargain with Harden through their representatives.

Question 49

Eduardo is an employee of Free-Flo Plumbing Corporation.With respect to the workplace,under federal health and safety statutes,Free-Flo has

A)a general duty to keep it safe and to meet specific standards.
B)no general duty to keep it safe but must meet specific standards.
C)no general duty to keep it safe or to meet specific standards.
D)only a general duty to keep it safe.

Question 50

General Auto Corporation,a U.S.employer,may hire Hilo,a noncitizen,if Hilo is

A)a lawful permanent resident of the United States.
B)an unlawful but hopefully permanent resident in the United States.
C)an unlawful but only temporary resident in the United States.
D)any of the choices.

Question 51

Lew,a member of a protected class,applies for a job with Myt-E Construction Company,but fails Myt-E's employment test and is not hired.Lew believes that the test has an unintentionally discriminatory effect.If so,this is

A)desperate-measure discrimination.
B)disparate-impact discrimination.
C)disparate-treatment discrimination.
D)not discrimination.

Question 52

Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act of 1964.Compliance with this statute is monitored by

A)employees and job applicants,not an administrative agency.
B)employers and businesses,not an administrative agency.
C)the courts and Congress,not an administrative agency.
D)the Equal Employment Opportunity Commission.

Question 53

Detailed Design Company,an architectural firm,wants to hire Eli,a noncitizen.A temporary work visa is most likely to be set aside for a noncitizen who is

A)a "person of ethnic similarity to the employer's workforce."
B)a "person of extraordinary ability."
C)a "person of ordinary ability and ambition."
D)a "person with an extraordinary work ethic."

Question 54

Heavy Hydraulics Corporation has a staff of ten,which will increase to fifty if it obtains a certain contract.Employers are required to keep oc?cu?pational injury and illness records for each employee if the employers have

A)eleven or more employees.
B)twenty-one or more employees.
C)thirty-one or more employees.
D)fifty-one or more employees.

Question 55

Unity Production Company is suspected of employing illegal immigrants.The government conducts random compliance audits and other enforcement measures against those who might violate immigration laws through

A)CIS.
B)H1-B.
C)ICE.
D)RICO.

Question 56

Greta is the only female employee in the maintenance department of Hartmann Hydraulics Inc.Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit.This is

A)a constructive discharge on the basis of gender discrimination.
B)a harassing discharge on the basis of treatment discrimination.
C)a voluntary discharge on the basis of impact discrimination.
D)not a discharge or discrimination.

Question 57

Seafood Canning Corporation keeps a file of I-9 verifications forms.To inspect this file,the appropriate government officer must obtain

A)a subpoena and a warrant.
B)a subpoena or a warrant,but not both.
C)not a subpoena,a warrant,or the employer's consent.
D)the employer's consent.

Question 58

Hardy Work,Inc. ,employs 2,000 workers,of whom half are mem?bers of Industrial Employees Union (IEU).LaZee Daze Company em?ploys 1,000 workers,of whom none are union members.A hot-cargo agreement would be an agreement between Hardy and

A)Hardy's employees if the agreement concerns "hot" substances.
B)IEU to boycott non-union products.
C)LaZee Daze to boycott a product.
D)LaZee Daze to refuse to hire IEU employees.

Question 59

Research Statistics Corporation uses a merit system to pay its employees according to their job performance.Suni,a female,and Troy,a male,are Research employees with comparable jobs.Due to superior performance,Suni is paid more than Troy.This is

A)disparate-impact discrimination.
B)gender discrimination.
C)not discrimination.
D)reverse discrimination.

Question 60

Cash is an employee of Drowzy Resort,Inc. ,covered by federal overtime provisions,which apply only after an employee has worked more than

A)eight hours in a day.
B)forty hours in a week.
C)160 hours in a month.
D)one year for the same employer.

Question 61

Healthy Harvest Company runs a candy and fruit processing and packaging plant.Most of Healthy Harvest's business is done during holiday seasons,especially between Halloween and New Year's Day,and in the spring.The company hires a large temporary workforce during its busiest times.Occasionally,a position opens for an individual with highly specialized skills,particularly to operate and maintain the company's inventory and sales control systems.Can Healthy Harvest hire noncitizens for its temporary,seasonal work? Can the company hire a noncitizen with special skills for certain jobs? If so,what procedures must the employer follow in both situations to do this hiring? If not,how can Healthy Harvest be assured that it is hiring only citizens?

Question 62

Fact Pattern 23-2
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
Refer to Fact Pattern 23-2.To succeed with an age-discrimination claim against NBC,Manny will have to show that

A)Lita is not qualified for Manny's job.
B)Manny is qualified for his job.
C)NBC's qualifications for Manny's job are too high.
D)no one could do Manny's job as well as he could.

Question 63

Fact Pattern 23-1
Kit,manager of Long-Term Care Company's office in Metro City,de?cides to replace the office's male employees with females.Nia,an assis?tant manager transferred from a different Long-Term Care office,refuses to cooperate.Kit retali?ates against Nia,who quits.Within a year,the male employees also quit.
Refer to Fact Pattern 23-1.Kit's conduct is most likely a violation of

A)no law.
B)the Age Discrimination in Employment Act.
C)the Americans with Disabilities Act.
D)Title VII of the Civil Rights Act.

Question 64

Chris sues Darn Rite Clothiers,Inc. ,for employment discrimina?tion under a state law.When compared to federal law,state law may apply to firms with

A)fewer employees.
B)more employees only.
C)no employees.
D)the same number of employees only.

Question 65

Fact Pattern 23-2
Lita replaces Manny in his job at Neighborly Business Corporation (NBC).
Refer to Fact Pattern 23-2.Manny believes that he has been discriminated against on the basis of his age.For the Age Dis?crimination in Employment Act of 1967 to apply

A)both Lita and Manny must be forty years of age or older.
B)Lita must be forty years of age or younger.
C)Manny must be forty years of age or older.
D)NBC must have been in existence for at least forty years.

Question 66

Dixie has AIDS,Evelina is blind,and both work for First National Bank.Con?sidered to have a disability under the Americans with Disabilities Act

A)are Dixie and Evelina.
B)is Dixie only.
C)is Evelina only.
D)is neither Dixie nor Evelina.

Question 67

Fact Pattern 23-1
Kit,manager of Long-Term Care Company's office in Metro City,de?cides to replace the office's male employees with females.Nia,an assis?tant manager transferred from a different Long-Term Care office,refuses to cooperate.Kit retali?ates against Nia,who quits.Within a year,the male employees also quit.
Refer to Fact Pattern 23-1.Liability for Kit's conduct most likely rests with

A)Long-Term Care male employees,who should have acted themselves.
B)Long-Term Care,which should have known,and Kit,who acted.
C)Nia,who did not cooperate.
D)no one,because no law was violated.

Question 68

Svetlana,a fifty-five-year-old member of a racial minority with a disability,believes that she is a victim of employment discrimination.Potentially the most widespread form of discrimination is based on

A)age.
B)disability.
C)gender.
D)race.

Question 69

Mold & Dye Corporation is a private employer in?volved in a Title VII employment discrimination suit.Punitive damages may be recovered against Mold & Dye only if the employer

A)acted with malice or reckless indifference.
B)can easily afford to pay the amount.
C)has one hundred or more employees.
D)none of the choices.

Question 70

Fix-It Repair Shop does not take any action to prevent sexual harassment of its employees.Fix-It Repair may be liable for such harassment by

A)a customer only.
B)a customer or an employee.
C)an employee only.
D)not a customer or an employee.

Question 71

Marie,an employee of Nickel Tool Company,files a sexual-harassment suit against Owen,her supervisor.Marie wins.Nickel may also be liable if it had effective harassment policies and complaint procedures,and

A)Marie failed to follow them.
B)Marie followed them.
C)Owen failed to follow them.
D)Owen followed them.

Question 72

For twenty years,Ozzie works in golf-cart maintenance for Players Paradise,a destination for vacationers from across the United States.After a steady stream of positive job evaluations and merit pay raises,Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players' courses.Five years later,a new employee,Quentin,is hired to oversee operations at all ten of Players' courses.Quentin demotes Ozzie,who is now over the age of forty,to running only one of the three cart facilities and freezes his salary.Quentin demotes five other employees over the age of forty and places one of Ozzie's former facilities under the supervision of Richie,who is twenty-three.Ozzie overhears Richie say,"We're going to have to do away with these old,senile men." Less than a year later,Quentin consolidates the operations of the three cart facilities under Richie's supervision.Ozzie quits and files a suit against Players for employment discrimination.Should he prevail? Explain.