Question 1

In Cleveland Board of Education v. LaFleur , the Supreme Court struck down a rule imposing a mandatory maternity leave on teachers reaching the fifth month of pregnancy on grounds that it violated the _____ rights of the teachers.

Accepted Answer

The Supreme Court in Cleveland Board of Education v. LaFleur ruled that the mandatory maternity leave policy violated the Due Process Clause of the Fourteenth Amendment, as it imposed an arbitrary deadline on pregnant teachers without allowing for individual assessment.

Question 2

In McDaniel v. Loyola University Medical Center , an employee filed claims against his employer for violations of:

Accepted Answer

In McDaniel v. Loyola University Medical Center, the employee filed claims against his employer for violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service.

Question 3

Which one of the following options provides general protection for civil service workers from any discipline or retaliation because they have disclosed a violation of laws or regulations, gross mismanagement or a gross waste of funds, or a substantial and specific danger to the public health or safety?

Accepted Answer

The Federal Civil Service Reform Act, specifically through provisions such as the Whistleblower Protection Act, provides protections for federal employees who disclose information on illegal or improper activities, ensuring they are not subject to retaliation or disciplinary actions for their whistleblowing activities.

Question 4

Which one of the following acts imposes both civil and criminal penalties for employers who take adverse employment actions against whistleblowers?

Accepted Answer

The Sarbanes-Oxley Act imposes both civil and criminal penalties for employers who retaliate against whistleblowers, especially in the context of fraud and violations of securities regulations.

Question 5

Firms found to be in violation of the obligations under the Executive Order, either through the courts or the administrative proceedings may be subject to _____ and required to provide back pay and grant retroactive seniority to affected employees.

Accepted Answer

Injunctions are legal orders that can be issued against firms found in violation of certain obligations, such as those under an Executive Order, to cease their unlawful activities. Additionally, these firms may be required to compensate affected employees through back pay and adjust their seniority levels retroactively.

Question 6

An employee who attempts to report employer wrongdoing or actions threatening public health or safety to government authorities is called a:

Accepted Answer

A whistleblower is someone who exposes information or activity within a private, public, or government organization that is deemed illegal, unethical, or not correct.

Question 7

In United Packinghouse Workers Union v. NLRB , the court held that race discrimination by an employer was an unfair labor practice in violation of _____ of the NLRA.

Accepted Answer

The court held that race discrimination by an employer was an unfair labor practice in violation of Section 8(a)(1) of the National Labor Relations Act (NLRA), which prohibits employers from interfering with, restraining, or coercing employees in the exercise of their rights guaranteed in Section 7 of the NLRA.

Question 8

Which one of the following options is a basis of discrimination, classification, or differential by government action which is neutral with regard to race, color, gender, religion or national origin, and which is related to legitimate government interests?

Accepted Answer

Non-suspect classifications are those distinctions made by government actions or laws that do not target race, color, gender, religion, or national origin. These classifications must only meet a rational basis review, meaning the government action is valid if it is rationally related to a legitimate government interest, which is a lower standard of scrutiny compared to strict scrutiny or intermediate scrutiny applied to suspect or quasi-suspect classifications respectively.

Question 9

Which one of the following laws requires criminal background checks for employees of the state Lottery Commission?

Accepted Answer

The answer of Which one of the following laws requires...

Question 10

Which one of the following options is responsible for investigating and pursuing claims of whistleblowers?

Accepted Answer

The federal Office of Special Counsel is responsible for investigating and pursuing claims of whistleblowers, especially those related to the federal government.

Question 11

The courts now interpret "race" under Section 1981 broadly to include claims of ethnic discrimination that are racial in character, according to:

Accepted Answer

Saint Francis College v. Al-Khazraji established that the courts interpret "race" under Section 1981 broadly, including claims of ethnic discrimination that are racial in character. This case clarified that discrimination based on ethnicity, if it has racial characteristics, falls under the protections against racial discrimination.

Question 12

Which of the following is not true regarding USERRA?

Accepted Answer

USERRA (Uniformed Services Employment and Reemployment Rights Act) applies to all military service, not just career military service. It is designed to ensure that individuals who serve or have served in the armed forces, reserves, National Guard, or other uniformed services are not disadvantaged in their civilian careers because of their service, are promptly reemployed in their civilian jobs upon return from duty, and are not discriminated against in employment based on their military service.

Question 13

Which one of the following options is a program that involves giving preference in hiring or promotion to qualified female or minority employees?

Accepted Answer

Affirmative action programs are designed to address inequalities in employment and education by giving preference in hiring or promotion to qualified female or minority employees.

Question 14

A constitutional analysis used by courts hearing equal protection claims involving governmental discrimination based on a "suspect class" is known as a(n):

Accepted Answer

The strict scrutiny test is the constitutional analysis used by courts when hearing equal protection claims involving governmental discrimination based on a "suspect class." This test requires the government to prove that the discrimination is necessary to achieve a compelling state interest.

Question 15

Persons who are affected by alleged violations of the USERRA must file written complaints with the:

Accepted Answer

The Uniformed Services Employment and Reemployment Rights Act (USERRA) complaints are filed with the Veterans' Employment and Training Service (VETS) of the Department of Labor, which is overseen by the Federal Secretary of Labor.

Question 16

Employees who were ordered to active military service are entitled to reinstatement and employee benefits if they meet the following requirements except:

Accepted Answer

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. One of the conditions for protection under USERRA is not related to the nature or duration of initial employment (e.g., being employed for a brief, nonrecurring period), but rather focuses on notice to the employer, the total time away for military duties, and timely application for reemployment.

Question 17

Except in those instances where sex may be a BFOQ, all state EEO laws, in terms or conditions of employment, prohibit the discrimination on the basis of:

Accepted Answer

State EEO laws generally prohibit discrimination based on gender, except where sex is a bona fide occupational qualification (BFOQ).

Question 18

A basis of discrimination, classification, or differential treatment such as race, color, gender, religion or national origin by government action, for which there is little legitimate justification for treating persons because of such characteristics, is called as a:

Accepted Answer

A suspect class refers to a category of individuals who have been historically subjected to discrimination and who possess characteristics that are either immutable or highly visible, such as race, religion, or national origin. Laws affecting these groups are subject to strict scrutiny by the courts to ensure they serve a compelling state interest and are narrowly tailored to achieve their objectives.

Question 19

Which of the following statements is not true?

Accepted Answer

The incorrect statement is D, as New York law actually protects the right of a mother to breast-feed her child in any public or private location where she is otherwise authorized to be.

Question 20

Which one of the following state laws allows institutions of higher education to obtain background checks on applicants for security-sensitive positions?

Accepted Answer

Texas law permits institutions of higher education to obtain criminal history record information for applicants to security-sensitive positions. This is part of the state's efforts to ensure the safety and security of its educational environments.

Quiz 11: Other Equal Employment Opportunity and Employment Legislation: Federal and State Laws