Question 1

Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory, and the defendant has articulated a legitimate and non-discriminatory reason for the discrimination, a plaintiff may still win.

Accepted Answer

The plaintiff may still win if they can prove that the defendant's articulated reason was merely a pretext for discrimination, and that the real reason was based on a discriminatory motive.

Question 2

The LMRA empowers the U.S.President to obtain an injunction for an 120-day cooling off period for a strike likely to endanger the national health or safety.

Accepted Answer

The Labor Management Relations Act (LMRA), also known as the Taft-Hartley Act, allows the U.S. President to obtain an injunction for an 80-day cooling-off period, not 120 days, for strikes that may endanger national health or safety.

Question 3

At common law, an employee can be dismissed either with or without cause at any time unless the employee is represented by a labor union or has a contract for a definite term..

Accepted Answer

This statement accurately reflects the common law doctrine of employment at-will, which allows employers to terminate employees at any time, with or without cause, unless there is a specific contractual agreement or labor union representation that provides for additional job protections.

Question 4

The Pregnancy Discrimination Act extended the benefits of Title VII to pregnant women.

Accepted Answer

The Pregnancy Discrimination Act amended Title VII to prohibit discrimination against pregnant women in the workplace. It extended the benefits of Title VII to pregnant women.

Question 5

The Social Security system has five major benefit programs, one of which is Medicare.

Accepted Answer

The answer of The Social Security system has five major...

Question 6

In recent years, the courts have unanimously reinforced the common law doctrine of employment at will.

Accepted Answer

In recent years, some courts have limited the employment at will doctrine by recognizing certain exceptions, such as public policy, implied contract, and covenant of good faith and fair dealing. Therefore, the statement that courts have unanimously reinforced the doctrine is false.

Question 7

The ADA provides for remedies that are generally the same as those available under Title VII.

Accepted Answer

The ADA (Americans with Disabilities Act) provides remedies for discrimination in employment that are generally the same as those available under Title VII (Civil Rights Act of 1964). Both laws prohibit discrimination on the basis of certain protected characteristics and provide remedies such as back pay, reinstatement, and compensatory and punitive damages.

Question 8

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, gender, religion, or national origin in any employment-related process.

Accepted Answer

Title VII of the Civil Rights Act of 1964 specifically prohibits employment discrimination on the basis of race, color, gender, religion, or national origin.

Question 9

The Pregnancy Discrimination Act protects the job reinstatement rights of women returning from maternity leave.

Accepted Answer

The Pregnancy Discrimination Act of 1978 (PDA) is a federal law that prohibits employers from discriminating against women because of pregnancy, childbirth, or related medical conditions. This law also protects the job reinstatement rights of women who return from maternity leave.

Question 10

Workers' Compensation Acts have been adopted by all states in an effort to provide speedier and more certain relief to injured workers than was available through litigation.

Accepted Answer

Workers' Compensation Acts have indeed been adopted by all states with the goal of providing quicker and more definite assistance to injured workers, rather than through a lengthy court process.

Question 11

The FLSA is not the federal minimum wage statute.

Accepted Answer

The answer of The FLSA is not the federal minimum...

Question 12

Privacy protection for employees includes a federal statute prohibiting private employers from requiring employees or prospective employees to undergo a lie detector test.

Accepted Answer

The Employee Polygraph Protection Act (EPPA) is a federal statute that prohibits most private employers from requiring employees or prospective employees to take a lie detector test.

Question 13

The Civil Rights Act of 1991 provides that victims of sex discrimination no longer face limits on compensatory and punitive damages.

Accepted Answer

The answer of The Civil Rights Act of 1991 provides...

Question 14

The Supreme Court has held that the Constitution prevents all employers from subjecting employees to drug testing without first obtaining a search warrant.

Accepted Answer

The Supreme Court has not held that the Constitution prevents all employers from subjecting employees to drug testing without first obtaining a search warrant. However, there are certain legal limitations and requirements regarding drug testing in the workplace.

Question 15

Reverse discrimination refers to achieving affirmative action by remedying the underrepresentation of a given race or sex in a traditionally segregated job by considering race and gender when hiring or promoting individuals.

Accepted Answer

Reverse discrimination is a controversial concept that refers to using affirmative action to help individuals from historically disadvantaged groups by considering their race or gender in hiring or promotion decisions. The idea is that by giving preference to minority candidates or women, employers can remedy past discrimination and ensure a more diverse and inclusive workforce. However, some argue that this practice is unfair to individuals who are not part of these groups and might lead to so-called reverse discrimination.

Question 16

Affirmative action generally means active recruitment of a designated group of applicants.

Accepted Answer

Affirmative action typically involves taking proactive steps to diversify a workforce or student body, often by actively seeking out and recruiting individuals from certain designated groups, such as women or ethnic minorities.

Question 17

Comprehensive federal legislation now governs drug and alcohol testing by employers.

Accepted Answer

While there are federal regulations for drug and alcohol testing in certain industries (e.g., transportation under the Department of Transportation), there is no comprehensive federal legislation that governs drug and alcohol testing for all employers. Regulations can vary significantly by state and industry.

Question 18

Under federal law, employers may use a lie detector test if it is part of an ongoing investigation of economic loss to its business.

Accepted Answer

According to the Employee Polygraph Protection Act (EPPA) of 1988, employers may use a lie detector test during an ongoing investigation involving economic loss to the business. However, there are certain restrictions and requirements that employers must follow.

Question 19

Employers are subject to civil, but not criminal, penalties for violations of the Occupational Safety and Health Act.

Accepted Answer

Employers can be subject to both civil and criminal penalties for violations of the Occupational Safety and Health Act (OSHA), especially in cases of willful violations that result in worker deaths.

Question 20

Tony is a U.S.citizen, working in Germany for a U.S.-owned company. U.S.statutes, such as the Americans with Disabilities Act and Title VII of the Civil Rights Act, do not apply to him while he is working outside of the United States.

Accepted Answer

U.S. statutes like the Americans with Disabilities Act and Title VII of the Civil Rights Act can apply to U.S. citizens working for U.S.-owned companies abroad.

Quiz 42: Employment Law