Question 1

What is the difference between a "closed shop" and a "union shop"?

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Question 2

Elmer is 55 years old and was recently laid off from his job at the Mid-America Corporation. He has applied for 30 different jobs, but has been told that the companies prefer younger workers. Does Elmer have any recourse under federal law?

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Question 3

Briefly trace the history of labor law in the United States. In your discussion, identify four major federal labor laws and their purposes.

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Question 4

Under the Age Discrimination in Employment Act (ADEA), which of these defenses are available?

Accepted Answer

The ADEA allows for the following defenses:- A bona fide occupational qualification (BFOQ)- A bona fide seniority system- Any reasonable action

Question 5

The Civil Rights Act of 1964 provides which of the following defenses?

Accepted Answer

The Civil Rights Act of 1964 allows for defenses such as a bona fide seniority or merit system, a professionally developed ability test, and a bona fide occupational qualification (BFOQ), making all the options correct.

Question 6

Regarding drug and alcohol testing of employees by employers:

Accepted Answer

The National Labor Relations Board (NLRB) considers drug and alcohol testing a mandatory subject of collective bargaining in a union setting, meaning employers must negotiate with the union before implementing such policies.

Question 7

The Federal Employee Polygraph Protection Act:

Accepted Answer

The Federal Employee Polygraph Protection Act primarily restricts private employers from using lie detector tests for employment decisions, with certain exceptions, but does not completely prohibit all use of polygraphs by employers.

Question 8

a. What is the difference between equal pay for equal work and equal pay for comparable worth? 
b. How is it possible to establish a claim for equal pay for comparable worth if the jobs are different jobs? 
c. Is equal pay for comparable worth covered by the federal employment discrimination laws? Explain.

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Question 9

Identify the three types of discriminatory conduct, including disparate treatment, prohibited by Title VII of the Civil Rights Act of 1964.

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Question 10

The Family and Medical Leave Act:

Accepted Answer

The Family and Medical Leave Act (FMLA) applies to private employers with 50 or more employees, allowing eligible employees to take up to 12 weeks of unpaid leave for specified family and medical reasons.

Question 11

Remedies for the Equal Pay Act would include:

Accepted Answer

The Equal Pay Act allows for remedies such as enjoining the employer from further unlawful conduct, but not specifically employer fines or non-liquidated damages.

Question 12

Elmer has been a faithful worker at the Mid-America Manufacturing Company for over thirty years. One day when he comes to work, he gets called into the foreman's office and is told that the company has decided to lay off all of its 250 current employees and move the plant out of the country. 
a. Does Elmer have any protections under the common law doctrine of employment at will? Explain. 
b. Does Elmer have any protections under employment discrimination law? Explain.

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Question 13

a. Discuss the rights of an injured employee against her employer under common law. 
b. How have workers' compensation acts changed this? Explain your answer.

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Question 14

The tort of invasion of privacy actually consists of:

Accepted Answer

The tort of invasion of privacy includes all the listed elements: intrusion into seclusion, public disclosure of private facts, and false light publicity.

Question 15

Which of the following are remedies for violation of the Americans with Disabilities Act (ADA)?

Accepted Answer

The remedies for violation of the ADA can include injunctive relief, reinstatement with back pay, and compensatory and punitive damages, making all the options applicable.

Question 16

What are the remedies available for violations of the Civil Rights Act of 1964?

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Question 17

Employee privacy:

Accepted Answer

Employee privacy encompasses various aspects, including protection under common law torts, drug and alcohol testing, and polygraph testing, making all the statements true.

Quiz 41: Employment Law