Question 1

In Reyes-Gaona v. North Carolina Growers , the court grappled with the issue of:

Accepted Answer

The case dealt with whether the U.S. Americans with Disabilities Act (ADA) applied to employment situations involving U.S. companies operating in Mexico.

Question 2

In which of the following cases is a U.S. company liable for unlawful discrimination against U.S citizen/employees in accord ance with th e EEOC , unde r Titl e VI I a s amende d i n 1991 ?

Accepted Answer

Under Title VII of the Civil Rights Act of 1964, as amended in 1991, a U.S. company can be held liable for unlawful discrimination against U.S. citizens or employees regardless of the percentage of ownership in the foreign subsidiary. Therefore, choices A, B, and C are all situations where a U.S. company may be liable under Title VII.

Question 3

Unlike the case in the U.S., in many foreign nations, particularly European countries, when an investor acquires a firm:
I. The investor is compelled to adhere to existing employment arrangements.
II. The investor must raise workers' salaries at a set percentage determined by the host country.

Accepted Answer

In many foreign nations, particularly European countries, when an investor acquires a firm, the investor is compelled to adhere to existing employment arrangements. However, there typically is no requirement to raise workers' salaries at a set percentage determined by the host country.

Question 4

In many European countries, workers have been granted a right of consultation about or notice before reducing the work force. The country that generally grants its workers the most rights of participation is:

Accepted Answer

Germany generally grants its workers the most rights of participation, including a right to be consulted before any major changes are made in the company. This is called co-determination and it applies to larger companies. In smaller companies, there are works councils that have a similar role.

Question 5

Which of the following conditions need to be satisfied by an employer i n China befor e reduc ing his or her workforc e b y a t leas t 2 0 employee s o r by 1 0 percent ?

Accepted Answer

In China, an employer can reduce the workforce by at least 20 employees or by 10 percent if any of the conditions such as restructuring due to bankruptcy, experiencing difficulties in production and operations, or a significant change in economic circumstances making contract fulfillment impossible, are met.

Question 6

In the Kochi Hoso case, a Japanese radio broadcaster sued his employer for dismissal. As required by Japanese law, the employer maintained written rules specifying conditions for which the employee could be discharged. The employee was late for a broadcast on two occasions and was discharged pursuant to the written rules. The court ruled that:

Accepted Answer

The court ruled that the employee was unfairly discharged as the offense of being late for a broadcast twice was not serious enough to warrant dismissal. The court found the dismissal to be significantly unreasonable under the circumstances and in violation of the socially accepted view, and therefore the employee was reinstated to his job. The fact that the rules were in writing did not guarantee the legality of the dismissal in this case.

Question 7

The country that almost certainly has the most comprehensive set of employment discrimination laws is:

Accepted Answer

The United States has a wide range of federal and state laws prohibiting employment discrimination on the basis of race, color, religion, sex, national origin, age, disability, and other factors. These include Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, among others. While other countries may have strong anti-discrimination laws as well, the US has a robust system of legal protections and enforcement mechanisms.

Question 8

Due to Japanese culture, the income differentiation between management and labor is ___________ Western cultures.

Accepted Answer

Japanese culture values teamwork and emphasizes the importance of harmony in the workplace. As a result, the income differentiation between management and labor is not nearly as great as in Western cultures, where individual achievement and competition are often emphasized. In Japan, there is a focus on collective success and shared responsibility for the company's overall performance.

Question 9

A number of countries in Europe require a two-tiered board of directors. The two-tiered boards are:

Accepted Answer

A two-tiered board of directors consists of a supervisory board and a management board. The supervisory board oversees the performance of the management board and approves major decisions, while the management board handles the daily operations of the company. This system is common in countries such as Germany and the Netherlands.

Question 10

In the U.S., an employer may engage in employee discrimination if it is "reasonably necessary to the normal operation of the particular business or enterprise," a defense known as the:

Accepted Answer

The defense known as the "bona fide occupational qualification defense" allows an employer to engage in employee discrimination if it is reasonably necessary to the normal operation of the particular business or enterprise. This defense applies only in limited circumstances, such as when the employer's business requires a certain characteristic or trait that is directly related to the job's performance. For example, if an airline is hiring flight attendants, it may discriminate based on height and weight to ensure that flight attendants are able to reach overhead bins and respond to emergencies.

Question 11

Which of the following classifications are treated most similarly under the laws of Europe, the United States, and Japan?

Accepted Answer

Sex is the most consistently protected classification under the laws of Europe, the United States, and Japan. Discrimination on the basis of sex is prohibited in each of these jurisdictions by numerous laws and regulations. While protections for the other classifications listed may vary by jurisdiction, sex discrimination is uniformly prohibited.

Question 12

The European Union treaties prohibit discrimination on the basis of:

Accepted Answer

The answer of The European Union treaties prohibit discrimination on...

Question 13

Which of the following is NOT one of the primary distinctions between U.S. and foreign labor laws?

Accepted Answer

The other choices all reflect primary distinctions between U.S. and foreign labor laws, such as differences in employee consultation and participation in management decisions and legal constraints on employee dismissal. However, choice D suggests that American laws require employee consultation or participation in management decisions, which is not a primary distinction compared to foreign labor laws.

Question 14

Traditionally, Chinese unions have differed from Western-style unions because:

Accepted Answer

Chinese unions have typically operated differently from Western-style unions in a number of ways, including having union officials who are often also part of management, and prioritizing their goal of avoiding labor disputes instead of advocating for workers' interests. Additionally, members of Chinese unions do not typically have the right to strike. Therefore, all of the above options are accurate descriptions of the differences between Chinese and Western-style unions.

Question 15

Ms. Anderson is a 53-year-old American citizen working in New York for QMB, Inc., a wholly owned subsidiary of QMB, GMBH, a German corporation. She applies for the position of Vice President of QMB, GMBH ⎯ a position based in Munich ⎯ and is denied the promotion on the basis of her age. How will a U.S. federal court treat Ms. Anderson's failure-to-promote claim under the ADEA?

Accepted Answer

The ADEA only applies to U.S. employers and employees working within the United States or its territories. Ms. Anderson's employment with QMB, GMBH in Munich falls outside the coverage of the ADEA.

Question 16

In the Civil Rights Act of 1991, Congress extended Title VII to:
I. U.S. firms operating outside the United States under the control of a U.S. entity.
II. U.S. firms operating outside the United States except where compliance with Title VII would violate the local law of the country where the firm is located.
III. foreign firms operating abroad that employ U.S. citizens.

Accepted Answer

The Civil Rights Act of 1991 extended Title VII to U.S. firms operating outside the United States under the control of a U.S. entity (I), but with the exception of when compliance with Title VII would violate the local law of the country where the firm is located (II). This means that U.S. firms operating abroad must comply with Title VII unless it violates local law. The act did not extend to foreign firms operating abroad that employ U.S. citizens (III).

Question 17

Due to cultural beliefs about the nature of work and entitlements, severance pay in the U.S. is typically ________, and severance pay in Europe is typically ______.

Accepted Answer

In the U.S., there is a cultural belief that individuals are responsible for their own success and financial well-being, leading to a lower expectation of government or employer-provided entitlements. This typically results in lower severance pay. In Europe, there is a stronger belief in the responsibility of employers to offer protections and benefits to employees, leading to higher severance pay.

Question 18

In Germany, workers:

Accepted Answer

In Germany, workers participate in corporate decisions through co-determination laws that require worker representation on boards of directors. However, workers cannot be dismissed at the will of the employer, as there are strict regulations governing termination of employment.

Question 19

As to the general direction of labor abroad:
I. few countries require employee consultation or participation in management decisions.
II. Many countries place restraints on employee dismissal that are unfamiliar to U.S. investors.

Accepted Answer

Statement I is incorrect as many countries do require employee consultation or participation in management decisions. However, statement II is correct as many countries have labor laws that make it difficult for employers to dismiss employees without just cause, which can be unfamiliar to U.S. investors who are used to more flexible labor laws.

Question 20

With regard to global working conditions of child labor and prison labor, which of the following statements is true?

Accepted Answer

While efforts have been made to address labor standards in international trade, including WTO trade rules and Section 301 of the U.S Trade Act of 1974, these have not specifically targeted child or prison labor. Mexico's progress in addressing child labor is also not directly related to NAFTA. The statement about Levi-Strauss & Co. adopting global sourcing guidelines to avoid suppliers who use child or prison labor is true, making option C the correct choice.

Quiz 19: Employment and Immigration Law