Question 1

Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin, but it does not address income.

Question 2

Baristas Union petitions the National Labor Relations Board for an election on organizing a union among the employees of Coffee Café Company. For an election to be held, the union must represent

Accepted Answer

For a union to petition for an election, it must represent a group of employees with similar skills, duties, and pay, known as a "bargaining unit." This ensures that the union accurately represents the interests and needs of a specific group of workers within the company.

Question 3

Technicians Union represents the workers of United Engineering Inc. The union and the employer bargain in good faith but are unable to reach an agreement because of genuine differences of opinion. The union may call a strike

Accepted Answer

If the parties are deadlocked, meaning they cannot reach an agreement despite bargaining in good faith, the union may call a strike as a means to exert pressure on the employer to reach a resolution.

Question 4

A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination, and will win in the absence of a legally acceptable employer defense.

Accepted Answer

In a disparate-treatment discrimination case, the plaintiff must first establish a prima facie case of discrimination. If successful, the burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for the adverse employment action. If the employer fails to provide a legally acceptable defense, the plaintiff prevails.

Question 5

Ceramic Workers Union represents the workers of Delta Tile LLC. The union fails to hold elections for union officers. This most likely violates

Accepted Answer

The Labor Management Reporting and Disclosure Act (LMRDA) of 1959, also known as the Landrum-Griffin Act, specifically addresses the issue of union democracy, including the requirement for regular elections of union officers. Failure to hold such elections would likely be a violation of this act.

Question 6

Good faith in collective bargaining between a union and an employer does not include

Accepted Answer

Good faith in collective bargaining requires both parties to engage in meaningful dialogue, including the exchange of proposals and counterproposals. Simply rejecting a proposal without offering a counterproposal does not demonstrate a willingness to negotiate and reach a compromise, which is contrary to the principles of good faith bargaining.

Question 7

The use of interviews and tests, and minimum educational requirements, to choose among a large number of applicants for job openings is prima facie employment discrimination.

Accepted Answer

Using interviews, tests, and setting minimum educational requirements for job selection purposes is not prima facie employment discrimination as long as these criteria are relevant to the job and applied equally to all candidates. Prima facie discrimination would involve unfair treatment based on protected characteristics like race, gender, or age without justification related to job performance.

Question 8

After a union election campaign among the employees of Frozen Food Company, the Food Workers Union does not obtain a majority vote in the election. This most likely violates

Accepted Answer

If a union does not obtain a majority vote in an election among employees, it simply means the union did not win enough support to represent the workers. This outcome does not violate any federal or state laws, as it is a part of the legal process for union representation.

Question 9

Floral Workers Union represents the employees of Garden Variety Inc. The company does not require its new hires to join the union as a prerequisite to obtaining employment. This most likely violates

Accepted Answer

The company not requiring new hires to join the union does not violate any federal law. This practice is consistent with right-to-work laws and does not infringe upon the Labor-Management Relations Act (also known as the Taft-Hartley Act), the Fair Labor Standards Act, or the Norris-LaGuardia Act.

Question 10

Northwest Energy Company is subject to mandatory workers' compensation laws in the states in which it does business. Odell and Phelps work for Northwest Energy as part of a crew that travels to remote locations to repair broken pumps and other damaged equipment. At a distant site, Odell is injured in an accident that is entirely Phelps's fault. Odell files a claim for workers' compensation. Should the claim be granted? What would be Northwest Energy's best defense against it?

Accepted Answer

The answer of Northwest Energy Company is subject to mandatory...

Question 11

Heber, Irma, and Jon apply to work for Kitchen Chicken Inc. in Louisiana. These individuals' eligibility to work must be verified by

Accepted Answer

Employers, like Kitchen Chicken Inc., are responsible for verifying the eligibility of their employees to work in the United States, typically through the completion of Form I-9.

Question 12

Interstate Commodities Inc. keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by

Accepted Answer

The Immigration Reform and Control Act is enforced at the federal level, which means that compliance with its requirements, including the maintenance of I-9 verification forms, is monitored by federal government agencies, not by state governments, foreign nations, or the National Labor Relations Board.

Question 13

Mica is an employee of Natural Gas Company and a member of a union of company employees. Under federal law, Mica and other union members have the right to

Accepted Answer

Under federal law, employees who are members of a union have the right to bargain collectively with their employer through representatives chosen by the employees. This is a fundamental right under the National Labor Relations Act. Options B and C are not rights guaranteed by federal law; in fact, requiring union membership as a condition of employment or requiring employers to contribute financially to a union can be restricted or prohibited depending on the state and specific circumstances.

Question 14

If an employer sued for an adverse employment action on the basis of discrimination articulates a legal reason for the action, the employer wins.

Accepted Answer

The employer articulating a legal reason for the action does not automatically win the case. The employee can still challenge the reason as a pretext for discrimination, and the case would then be evaluated based on the evidence presented by both sides.

Question 15

Many states have their own laws that protect employees against discrimination, but none provide more protection to employees than federal laws.

Accepted Answer

Many states have enacted their own anti-discrimination laws that offer broader protections than federal laws, covering additional categories of protected classes or offering more robust remedies for discrimination.

Question 16

The laws designed to protect certain workers against discrimination are aimed at providing equal rights for all and eliminating special privileges for the few.

Accepted Answer

These laws are intended to ensure that all individuals have equal opportunities in the workplace by preventing discrimination based on race, gender, age, religion, disability, or sexual orientation, thereby eliminating any special privileges that might favor a particular group over others.

Question 17

Healthy Harvest Company runs a 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. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? If so, what procedures must the employer follow to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

Accepted Answer

The answer of Healthy Harvest Company runs a fruit processing...

Question 18

To bring a Title VII claim as a class action, employees must prove a company-wide policy of discrimination that has a common effect on all of the plaintiffs.

Accepted Answer

To bring a Title VII claim as a class action, plaintiffs must demonstrate that the alleged discrimination is part of a company-wide policy or practice that affects all class members similarly, establishing commonality among the plaintiffs.

Question 19

The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative. Beverage refuses to bargain with the union. This most likely violates

Accepted Answer

The National Labor Relations Act (NLRA) protects the rights of employees to organize and to bargain collectively with their employers. Refusing to bargain with a duly designated union representative is a violation of the NLRA.

Question 20

When Title VII applies to an employer, any employee-including an undocumented worker-can bring an action for employment discrimination.

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin, and its protections extend to all employees working for covered employers in the United States, regardless of their immigration status.

Quiz 33: Employment Immigration and Labor Law