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

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

Even after the defendant has articulated a legitimate and non-discriminatory reason, the plaintiff can still prevail by showing that the reason given was pretextual or that the discrimination was motivated by a prohibited factor.

Question 3

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

Accepted Answer

Under the Employee Polygraph Protection Act (EPPA) of 1988, most private employers are prohibited from requiring or requesting any employee to take a lie detector test, with certain exceptions such as security service firms and certain businesses involved in the handling of drugs or controlled substances.

Question 4

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 5

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

Accepted Answer

The statement is false. The Constitution does not require employers to obtain a search warrant before conducting drug testing on employees. However, some states may have their own regulations regarding workplace drug testing.

Question 6

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 7

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

Accepted Answer

The Pregnancy Discrimination Act of 1978 requires employers to treat pregnancy like any other temporary disability and provide reasonable accommodations to pregnant employees, such as modified work duties or time off for medical appointments.

Question 8

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 requires businesses to make reasonable accommodations for individuals with disabilities, unless it would cause undue hardship on the business.

Question 9

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 remedies that are generally the same as those available under Title VII, including monetary damages, injunctive relief, and attorney's fees.

Question 10

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

Accepted Answer

The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 to prohibit pregnancy discrimination in the workplace. This includes protecting the job reinstatement rights of women returning from maternity leave.

Question 11

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 does indeed provide that victims of intentional discrimination can recover compensatory and punitive damages, with the exception of victims of disparate impact.

Question 12

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

Accepted Answer

Old-Age and Survivors Insurance, also known as OASI, is indeed one of the programs under the Social Security system. It provides retirement, survivors, and disability benefits to eligible individuals and their families.

Question 13

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

Accepted Answer

The courts have not unanimously reinforced the doctrine; there have been exceptions and limitations introduced, such as wrongful termination claims and protections against discrimination.

Question 14

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 15

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

The Federal Unemployment Tax Act provides for the payment of unemployment benefits to eligible workers who have lost their jobs through no fault of their own.

Question 16

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

This statement is true. Workers' Compensation Acts provide benefits such as medical treatment, wage replacement, and partial or permanent disability compensation to employees who are injured or become ill as a result of their job. These benefits are typically provided without the need for the employee to file a lawsuit against their employer, allowing for a faster and more predictable resolution.

Question 17

The FLSA is not the federal minimum wage statute.

Accepted Answer

The Fair Labor Standards Act (FLSA) is indeed the federal statute that establishes minimum wage, overtime pay, and other labor standards in the United States.

Question 18

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

Accepted Answer

While tort law may provide some protections for employee privacy, there are also numerous federal and state laws that specifically address employee privacy rights in the workplace. These include laws related to background checks, drug testing, electronic monitoring, and other forms of workplace surveillance. Additionally, many employers have their own policies and procedures for protecting employee privacy, which may go beyond what is required by law.

Question 19

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 on the basis of pregnancy, childbirth, or related medical conditions. Therefore, it extended the benefits of Title VII to pregnant women.

Question 20

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

The Civil Rights Act of 1991 does provide 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. This is known as the "less discriminatory alternative" defense.

Quiz 42: Employment Law