Question 1

The Fair Labor Standards Act regulates employment of child labor inside agricultural settings.

Accepted Answer

The answer of The Fair Labor Standards Act regulates employment...

Question 2

Under federal law, employers may require any employee to undergo a lie detector test.

Accepted Answer

Under the Employee Polygraph Protection Act of 1988, employers are not allowed to require or use lie detector tests on most employees. There are only a few exceptions to this rule, such as employees who are involved in national security or certain types of investigations.

Question 3

Comprehensive federal legislation now governs drug and alcohol testing by employers.

Accepted Answer

While there are federal regulations for drug and alcohol testing in certain industries (e.g., transportation under the Department of Transportation), there is no comprehensive federal legislation that governs drug and alcohol testing for all employers. Regulations can vary significantly by state and industry.

Question 4

Privacy protection for employees is limited to remedies available in tort law.

Accepted Answer

While tort law can provide some remedies for violations of employee privacy, there are also a variety of privacy laws and regulations, both at the federal and state level, that provide additional protections and remedies for employees.

Question 5

Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory, and the defendant has articulated a legitimate and non-discriminatory reason for the discrimination, a plaintiff may still win.

Accepted Answer

If the plaintiff can then show that the legitimate reason given by the defendant is merely a pretext for discrimination, the plaintiff can still prevail in the case.

Question 6

The Pregnancy Discrimination Act protects the job reinstatement rights of women returning from maternity leave.

Accepted Answer

The Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions, including job reinstatement rights for women returning from maternity leave.

Question 7

Workers' Compensation Acts have been adopted by all states in an effort to provide speedier and more certain relief to injured workers than was available through litigation.

Accepted Answer

Workers' Compensation Acts provide benefits to injured workers without the need for litigation, making the process faster and more certain.

Question 8

The ADA provides for remedies that are generally the same as those available under Title VII.

Accepted Answer

The Americans with Disabilities Act (ADA) provides for remedies that are generally the same as those available under Title VII of the Civil Rights Act of 1964, including back pay, reinstatement, reasonable accommodations, compensatory and punitive damages, and attorneys' fees.

Question 9

Under the Americans with Disabilities Act (ADA), an employer may not use qualification standards, tests, or selection criteria that screen out disabled workers.

Accepted Answer

The answer of Under the Americans with Disabilities Act (ADA),...

Question 10

Under the Federal Unemployment Tax Act, unemployment benefits are paid to workers who have lost their jobs, usually through no fault of their own.

Accepted Answer

This is correct as per the definition of unemployment benefits provided by the Federal Unemployment Tax Act.

Question 11

In recent years, the courts have unanimously reinforced the common law doctrine of employment at will.

Accepted Answer

In recent years, there have been several cases where courts have limited the employment at will doctrine, such as recognizing exceptions for public policy, implied contracts, and good faith and fair dealing. Therefore, the statement that courts have unanimously reinforced the doctrine is false.

Question 12

Old-Age and Survivors Insurance is one of the programs under the Social Security system.

Accepted Answer

Old-Age and Survivors Insurance (OASI) is one of the three programs administered by the Social Security Administration, along with Disability Insurance (DI) and Supplemental Security Income (SSI).

Question 13

The FLSA is not the federal minimum wage statute.

Accepted Answer

The answer of The FLSA is not the federal minimum...

Question 14

Employers are required to treat pregnancy like any other temporary disability.

Accepted Answer

The Pregnancy Discrimination Act (PDA) of 1978 requires employers to treat pregnancy and childbirth like any other temporary disability. This means that if an employer provides disability leave or accommodations for other employees, they must also provide them for pregnant employees. Additionally, it is illegal for employers to discriminate against employees based on pregnancy or childbirth.

Question 15

In a disparate impact case, the Civil Rights Act of 1991 now provides that even if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff can still win if the employer's interest could be met in a non-discriminatory manner.

Accepted Answer

This is correct according to the Civil Rights Act of 1991, which amended previous civil rights legislation to specify that, even if an employer can prove the job-related nature of a challenged employment practice, the plaintiff could still win if the employer's interest could be met by an equally valid job-related practice that had a less adverse impact on a protected class. Additionally, the Act allows for punitive and compensatory damages in cases of intentional discrimination and provides for jury trials in certain cases.

Question 16

The Americans with Disabilities Act applies to all employers with ten or more employees.

Accepted Answer

The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees.

Question 17

The Civil Rights Act of 1991 provides that all victims of intentional discrimination, except victims of disparate impact, can recover compensatory and punitive damages.

Accepted Answer

The Civil Rights Act of 1991 expanded the remedies available to victims of intentional discrimination to include compensatory and punitive damages, but it did not extend these remedies to victims of disparate impact.

Question 18

The Pregnancy Discrimination Act of 1978 extended the benefits of Title VII to pregnant women.

Accepted Answer

The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 to prohibit discrimination in employment against pregnant women. This provided pregnant women with the same protections against discrimination as other protected groups under Title VII.

Question 19

The Constitution has recently been held to prevent all employers from subjecting employees to drug testing without first obtaining a search warrant.

Accepted Answer

This statement is false. While the Constitution's Fourth Amendment does protect employees from unreasonable searches, including drug tests, there are exceptions to this rule. For example, employees who work in safety-sensitive positions or for government agencies may be subject to drug testing without a warrant. Additionally, some states have laws that allow for drug testing in certain situations, such as after a workplace accident.

Question 20

The Americans with Disabilities Act requires businesses to make special accommodations for handicapped workers and customers unless the cost is unduly burdensome.

Accepted Answer

The Americans with Disabilities Act (ADA) requires businesses to make reasonable accommodations for employees and customers with disabilities, as long as the accommodations do not pose an undue burden on the business.

Quiz 42: Employment Law