Question 1

The Employee Polygraph Protection Act of 1988 prohibits most private employers from doing all of the following except

Accepted Answer

The Employee Polygraph Protection Act of 1988 allows private employers to use lie-detector tests to investigate losses due to theft. Therefore, (D) is the correct answer.

Question 2

Ruth is a supervisor for Subs & Suds,a restaurant.Tim is a Subs employee.The owner announces that some em-ployees will be discharged.Ruth tells Tim that if he has sex with her,he can keep his job.This is

Accepted Answer

This is quid pro quo harassment, where Ruth is using her power as a supervisor to demand sexual favors in exchange for job security. It is a violation of workplace policies and is considered a form of sexual harassment.

Question 3

Nimble Numbers Accounting Corporation,a private employer,handles bookkeeping for small employers.In most circumstances,with exceptions,federal law clearly pro-hibits Nimble from subjecting its employees to

Accepted Answer

Federal law, specifically the Employee Polygraph Protection Act (EPPA), generally prohibits private employers from requiring or requesting employees to take lie-detector tests, with certain exceptions.

Question 4

Svetlana,a fifty-five-year-old member of a racial minority with a disability,believes that she is a victim of employment discrimination.Potentially the most widespread form of discrimination is based on

Accepted Answer

The answer of Svetlana,a fifty-five-year-old member of a racial minority...

Question 5

Clive works for Digby Excavation Corporation.While operating a backhoe,Clive suffers an injury.Clive will be compen-sated under state workers' compensation laws only if

Accepted Answer

State workers' compensation laws typically provide compensation to employees who are injured on the job, regardless of whether they have health insurance or the degree of disability. However, to qualify for compensation, the injury must be accidental, not intentional. Therefore, choice C is the best answer.

Question 6

Vinnie,the owner of Café Rico,knows about,but does not take any action to prevent,the sexual harassment of employees.Vinnie and the café may be liable for such harassment by

Accepted Answer

Vinnie and the café may be liable for sexual harassment by a customer or co-worker because they have a duty to take reasonable steps to prevent and address such behavior in the workplace. If they fail to do so, they could be held responsible for allowing a hostile work environment to exist. They would not be liable for harassment by an employee's previous employer, spouse or other close relative as there is no direct connection to the workplace.

Question 7

Flynn is a drug addict who has completed a supervised drug-rehabilitation program.Gert used drugs casually in the past.Heath reports to work while under the influence of alcohol.Considered to have a disability under the Americans with Disabilities Act of 1990 is

Accepted Answer

The Americans with Disabilities Act of 1990 defines a disability as a physical or mental impairment that substantially limits one or more major life activities. While Gert and Heath might have used drugs or alcohol in the past, they are not currently impaired by a substance and therefore do not meet the ADA's definition of a disability. Flynn, on the other hand, is a drug addict who has completed a supervised drug-rehabilitation program, indicating that their drug addiction substantially limits one or more major life activities and thus meets the ADA's definition of a disability.

Question 8

Melanie files an employment discrimination suit against Natural Gas Industries Corp.under Title VII on a disparate-impact theory.To succeed,Melanie must show that a protected group of people are adversely affected by any of the following except the employer's

Accepted Answer

A seniority system that does not discriminate on the basis of a protected characteristic is usually not considered a violation of Title VII's disparate-impact theory. However, if the seniority system had an adverse impact on a protected group, then it would be considered a violation. A, B, and C are all commonly cited as examples of employer practices, procedures, or tests that may result in discrimination against a protected group under Title VII's disparate-impact theory.

Question 9

Samson is a government employee.Samson is limited in being subjected to drug testing under

Accepted Answer

Samson is limited in being subjected to drug testing under the Fourth Amendment, which protects against unreasonable searches and seizures. The government must have a warrant or reasonable suspicion to require drug testing of employees. The First and Second Amendments protect speech and the right to bear arms, respectively, and the Eighth Amendment prohibits cruel and unusual punishment, which is not applicable in this scenario.

Question 10

Conrad and Delilah are employees of AgriBio Feed & Seed Corporation.Under the Equal Pay Act of 1963,AgriBio can legitimately pay different wages on the basis of

Accepted Answer

The answer of Conrad and Delilah are employees of AgriBio...

Question 11

Which of the following is not a common form of electronic surveillance of employees in the workplace?

Accepted Answer

Requiring employees to wear electronic location monitoring bracelets is not a common form of electronic surveillance of employees in the workplace. This practice would be considered invasive and a violation of employee privacy rights. Common forms of electronic surveillance include reviewing employees' emails, video-recording job performance, and listening to employees' telephone conversations.

Question 12

Phyllis intentionally injures herself while performing her job for Stone Cutters,Inc.Phyllis will be entitled to

Accepted Answer

Phyllis intentionally injuring herself would be considered self-inflicted harm and would not be covered under workers' compensation.

Question 13

Truman applies for a job at Skylight Canopy Corporation for which he is well quali-fied,but for which he is rejected.Skylight continues to seek applicants and eventually fills the posi-tion with a person who is not a member of a mi-nority.Truman is most likely to succeed in a suit against Skylight for discrimination if he is a member of

Accepted Answer

Truman is most likely to succeed in a suit against Skylight for discrimination if he is a member of a protected class. Protected classes include characteristics such as race, gender, age, religion, and national origin. If Truman can prove that he was rejected based on his membership in a protected class and that Skylight continued to seek applicants and eventually filled the position with someone who is not a member of a protected class, he may have a case for discrimination. Being a member of a majority group does not provide any additional protection against discrimination in this scenario. Employers' associations and unions are not relevant to this situation.

Question 14

Sunny Energy Company wants to genetically test its workers for potentially significant,future health problems.Sunny may

Accepted Answer

Genetic testing can reveal information that may have no current relevance to a person's abilities to perform their job. Discriminating against an employee or job applicant based on genetic information would be unfair and potentially unlawful. Denying group health insurance for employees who test positive would also be discriminatory. Therefore, Sunny Energy Company should not make employment decisions based on genetic testing.

Question 15

Investors Fund,a large financial institution,announces that it will start monitoring its employees' electronic communications. If Mary,an Investors Fund employee,resists this policy,her best argu-ment is that the monitoring violates

Accepted Answer

Monitoring employees' electronic communications without their consent or knowledge can be considered a violation of their privacy rights. Employees have a reasonable expectation of privacy when using company-provided electronic devices or systems, and monitoring without prior notice or cause can be a breach of privacy. It is important for companies to have a clear policy on electronic communications monitoring, and it should be communicated to employees before implementation.

Question 16

Quinn is an employee of Regional Industries,Inc. Quinn is threatened with a discharge when he refuses a transfer to a Regional department in which several employees suffered serious injuries from exposure to hazardous chemicals.Quinn may be entitled to protection from discharge under

Accepted Answer

Quinn may be entitled to protection from discharge under the Occupational Safety and Health Act (OSHA), which requires employers to provide a safe workplace free from recognized hazards that are likely to cause death or serious physical harm. By refusing a transfer to a department where several employees suffered serious injuries from exposure to hazardous chemicals, Quinn may be trying to protect himself from such hazards and, therefore, may be entitled to protection under OSHA. The other options, the Family and Medical Leave Act and the state workers' compensation act, do not specifically address workplace safety issues.

Question 17

Eton files a suit in a federal district court against Florida,alleging employment discrimina-tion under the Age Discrimination in Employment Act of 1967.The state asks the court to dismiss the suit.The court is most likely to rule that

Accepted Answer

States have sovereign immunity under the Eleventh Amendment and cannot be sued by individuals in federal court without their consent. Therefore, the court is likely to rule that the state is immune from the suit.

Question 18

Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race.Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination.Sarah must show all of the following except that

Accepted Answer

Sarah does not need to show that other people of her race hold similar positions with other employers. She only needs to show that she was qualified for the job and that she was rejected due to her race, both of which are covered in options A, B, and C.

Question 19

Julie works as an employee for Organic Produce Express,Inc.(OPI).Rowan,who is unemployed,collects unemployment compensa-tion.This compensation is provided by a tax on

Accepted Answer

Unemployment compensation is funded by taxes paid by employers, such as OPI and other employers, not by employees like Julie.

Question 20

Jo works for Tall Tales Publishing,Inc.The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA) is based on her

Accepted Answer

The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA) is based on her annual wage base, which is the maximum amount of earned income subject to FICA taxes each year. Jo's contribution is calculated based on a percentage of her wages, up to the annual wage base. Seniority, special job skills, and county of residence do not affect the calculation of FICA taxes.

Quiz 22: Employment Law