Deck 42: Employment Law

Question 1

A major defense to the Age Discrimination in Employment Act is compliance with a bona fide seniority system.

Answer 1

True

Question 2

Under the NLRA, an employer can legally refuse to bargain with the union as a means of applying economic pressure.

Answer 2

False

Question 3

Although most statutory enactments relating to employment are federal laws, state statutes sometimes cover areas of employment law.

Answer 3

True

Question 4

The Equal Pay Act requires that employees of American Indian ancestry and employees of Italian ancestry be paid equally for equal work.

Question 5

The EEOC allows discrimination in employment because of differences in bona fide occupational qualifications.

Question 6

Traditionally, labor law opposed concerted activities by workers to obtain higher wages and better working conditions, and at various times such activities were found to constitute criminal conspiracy, tortious conduct, and violation of antitrust law.

Question 7

Sexual harassment is covered by Title VII.

Question 8

An employer's interference with the employee's right to bargain collectively is not an unfair labor practice.

Question 9

At common law, an employee at will can be dismissed either with or without cause at any time unless the employee has a special circumstance, such as being represented by a labor union.

Question 10

Social Security programs are funded completely through employer taxes.

Question 11

Title VII prohibits discrimination based on age.

Question 12

The LMRA prohibits the closed shop, although it permits the existence of a union shop.

Question 13

The Norris-La Guardia Act gave federal courts the power to issue injunctions in nonviolent labor disputes.

Question 14

Unemployment insurance is funded by employer taxes; federal taxes generally pay administrative costs and state contributions pay for the actual benefits.

Question 15

The Rehabilitation Act prohibits discrimination on the basis of handicap in federal programs but does not require federal contractors and agencies to take affirmative action to hire qualified handicapped persons.

Question 16

Social Security now has four major benefit programs: OASI, DI, Medicare, and SSI.

Question 17

The Taft-Hartley Act protects the employer from unfair practices by the union.

Question 18

The Norris­La Guardia Act prohibited "yellow dog contracts," through which employers coerced their employees
into promising they would not join a labor union.

Question 19

The purpose of Federal Contract Compliance Programs is to require affirmative steps to provide opportunities for handicapped people in federal programs.

Question 20

Title VII applies only to employers with 15 or more employees.

Question 21

The Fair Labor Standards Act regulates employment of child labor inside agricultural settings.

Question 22

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.

Question 23

Under federal law, employers may require any employee to undergo a lie detector test.

Question 24

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

Question 25

The Constitution has recently been held to prevent all employers from subjecting employees to drug testing without first obtaining a search warrant.

Question 26

Under the Americans with Disabilities Act (ADA), an employer may not use qualification standards, tests, or selection criteria that screen out disabled workers.

Question 27

Employers are required to treat pregnancy like any other temporary disability.

Question 28

The Americans with Disabilities Act requires businesses to make special accommodations for handicapped workers and customers unless the cost is unduly burdensome.

Question 29

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

Question 30

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

Question 31

The Civil Rights Act of 1991 provides that all victims of intentional discrimination, except victims of disparate impact, can recover compensatory and punitive damages.

Question 32

Old-Age and Survivors Insurance is one of the programs under the Social Security system.

Question 33

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

Question 34

The Americans with Disabilities Act applies to all employers with ten or more employees.

Question 35

Under the Federal Unemployment Tax Act, unemployment benefits are paid to workers who have lost their jobs, usually through no fault of their own.

Question 36

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.

Question 37

The FLSA is not the federal minimum wage statute.

Question 38

Privacy protection for employees is limited to remedies available in tort law.

Question 39

The Pregnancy Discrimination Act of 1978 extended the benefits of Title VII to pregnant women.

Question 40

In a disparate impact case, the Civil Rights Act of 1991 now provides that even if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff can still win if the employer's interest could be met in a non-discriminatory manner.

Question 41

Who administers the federal unemployment compensation laws?

A)The Social Security Administration
B)The states
C)The federal courts
D)The NLRB

Question 42

It would NOT be a violation of Title VII of the Civil Rights Act of 1964 if an employer refuses to hire an applicant for a job because the person is:

A)a Mormon.
B)a woman.
C)sixty-four years old.
D)Hispanic.

Question 43

Title VII of the Civil Rights of 1964:

A)is enforced by the FTC.
B)applies to employers engaged in an industry affecting commerce and having fifteen or more employees.
C)has been displaced by the Civil Rights Act of 1991.
D)forbids discrimination in the workplace involving hiring, promotion, and retention, but does not cover transfer and retirement discrimination.

Question 44

The Worker Adjustment and Retraining Notification Act requires an employer to provide how much advance notice of a plant closing or mass layoff?

A)Two weeks
B)Thirty days
C)Sixty days
D)Ninety days

Question 45

ABC Company sells nursery products.It hires only women as sales representatives because it thinks that its customers relate better to women.This is:

A)a violation of Title VII of the 1964 Civil Rights Act.
B)an example of a bona fide occupational qualification.
C)a violation of the Equal Pay Act.
D)an allowable personal preference.

Question 46

Active recruitment of minority applicants to meet hiring goals is termed:

A)reverse discrimination.
B)affirmative action.
C)comparable worth.
D)BFOQ.

Question 47

The Labor-Management Relations Act:

A)hampers employer free speech, although it encourages employee free speech.
B)is also known as the Taft-Hartley Act.
C)prohibits union shops.
D)specifies certain employer activities as unfair labor practices.

Question 48

Social Security benefits are funded by:

A)legally required assessments on employers.
B)taxes paid by both employers and employees, or by self-employed persons.
C)the federal tax on corporations.
D)a combination of federal and state taxes.

Question 49

In a "closed shop," an employee:

A)cannot be hired if he is a union member.
B)cannot agitate for union representation.
C)must be a union member before being hired.
D)need not be a union member to work but must pay the union an amount equal to normal dues.

Question 50

When a state government adopts an affirmative action plan that is challenged as constituting illegal reverse discrimination, the plan is subject to:

A)a rational basis test under the Equal Protection Clause of the Fourteenth Amendment.
B)strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment.
C)Due Process Clause scrutiny.
D)a disparate treatment test under the Civil Rights Act.

Question 51

Well-established defenses that were available to the employer for a negligence suit filed by injured employees at common law included all of the following except:

A)the fellow servant rule.
B)contributory negligence on the part of the employee.
C)the employee's assumption of the risk.
D)strict liability

Question 52

A union's "secondary activity" is a:

A)boycott or strike of an employer with whom a union has no labor dispute to persuade the employer to cease doing business with the company that is the target of the labor dispute.
B)union's picketing, in addition to a strike, of a company that is the target of the labor dispute.
C)recognized union's request for an injuction against an employer who refuses to bargain in good faith.
D)refusal to represent one of its members in a grievance against the employer because the member did not engage in a strike called by the union the previous year.

Question 53

A "closed shop" is:

A)the same as a "runaway" shop.
B)one in which a union once existed but has since been voted out.
C)one in which a union is barred.
D)outlawed by the Taft-Hartley Act.

Question 54

Challenges to affirmative action plans adopted by private employers are tested under:

A)the Equal Protection Clause of the U.S.Constitution.
B)Title VII of the Civil Rights Act of 1964.
C)guidelines developed under President Johnson's executive order related to affirmative action programs for federal contractors.
D)No regulations; due to the absence of state action, challenges cannot be made to affirmative action plans adopted by private employers.

Question 55

Sexual harassment:

A)includes unwelcome sexual advances or requests for sexual favors when submission is implicitly a condition of employment.
B)is less serious than and may not constitute illegal sexual discrimination in violation of Title VII.
C)may not be charged against an employer who has no knowledge of or reason to know of a supervisor's harassing action against a subordinate employee.
D)is offensive, but not illegal.

Question 56

The basic enforcement mechanism of is a system of on-site inspections by safety and health inspectors.

A)OSHA
B)Social Security
C)workers' compensation laws
D)FLSA

Question 57

Which of the following are prohibited under Title VII of the 1964 Civil Rights Act?

A)Seniority systems
B)Affirmative action programs
C)Disparate impact
D)Merit based promotions

Question 58

The Age Discrimination in Employment Act currently protects employees between the ages of:

A)40 and 65.
B)40 and infinity.
C)50 and 65.
D)18 and 70.

Question 59

The is responsible for enforcing federal anti-discrimination laws.

A)OSHA
B)Social Security Administration
C)EEOC
D)NLRB

Question 60

Which of the following is prohibited under federal labor laws?

A)Union shops
B)Open shops
C)Yellow dog contracts
D)Collective bargaining contracts

Question 61

Employee privacy:

A)is not protected by the common law "invasion of privacy" torts.
B)does not relate to drug and alcohol testing.
C)relates to polygraph testing.
D)is automatically waived by an employment contract.

Question 62

The Recreation and Parks Agency of the state government has six employees and is interviewing for a person to teach gymnastics and arts and crafts to 3-5 year olds.Ed, age 68, applies but is told he is too old.If he sues under the Age Discrimination in Employment Act, the agency's best defense would be:

A)it is not subject to the Act since it only has six employees.
B)the Act only protects people from 40-66 years of age.
C)Ed is not able to do gymnastics.
D)this is not a salary dispute.

Question 63

IBM has two manufacturing facilities-one in New York City and one in Evergreen, Oklahoma.Marjorie has worked in the Oklahoma plant for 15 years assembling resistors.Her sister, Ellen, has worked at the same plant for 15 years also.Their brother, Hank, has worked there for 10 years in the same job as his sisters.Ellen transfers to the New York facility.Their salaries are now as follows: Marjorie-$12.00 per hour Ellen-$19.50 per hour Hank-$14.00 per hour
Is there a violation of the Equal Pay Act?

A)Yes, because Ellen's pay is higher than Marjorie's.
B)Yes, because Ellen and Hank's pay is higher than Marjorie's.
C)Yes, because Hank's pay is higher than Marjorie's.
D)No, since they are different people with different personalities.

Question 64

A defense available to the employer in an action for workers' compensation is that:

A)the employee assumed the risk.
B)the employee's injury happened before he came to work.
C)the employee was contributorily negligent.
D)a co-worker caused the injury.

Question 65

The National Labor Relations Act is also known as the:

A)Taft-Hartley Act.
B)Wagner Act.
C)Landrum-Griffin Act.
D)Norris-La Guardia Act.

Question 66

The Civil Rights Act of 1964 would scrutinize which of the following situations?

A)A woman engineer was denied a job for which she was qualified.
B)A short man was denied employment as a busboy.
C)A two-man partnership with two employees refused to hire a qualified black attorney.
D)A black woman was hired as a secretary instead of an equally qualified white woman.

Question 67

Fixit Co., a four-person business, employs Wesley as a full-time mechanic.One day while welding a frame modification on a sports car, Wesley paid no attention to a clearly visible oil leak dripping from the engine compartment of the car.The welding torch ignited the oil causing a fire in which Wesley was badly burned.Which of the following BEST describes the rights of the parties?

A)Fixit is liable to Wesley under a workers' compensation statute despite the fact Wesley may have been contributorily negligent when he ignored the oil leak.
B)Wesley cannot recover workers' compensation since federal law requires that an employer have at least 15 employees before he must provide workers' compensation benefits.
C)Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care by auto mechanics.
D)Wesley cannot recover workers' compensation benefits, but can sue Fixit for failing to provide a safe working environment.

Question 68

Regarding drug and alcohol testing of employees by employers:

A)the NLRB makes it a mandatory subject of collective bargaining in a union setting.
B)the constitutional protection from unwarranted search and seizure protects private sector employees from the practice.
C)the Constitution prohibits any public sector employer from testing its employees under any circumstances without a warrant.
D)federal legislation sets forth comprehensive guidelines for the practice.

Question 69

All of the following are true concerning the Occupational Safety and Health Act EXCEPT:

A)penalties for violations are civil only.
B)OSHA develops standards, conducts inspections, monitors compliance with standards, and institutes enforcement actions against those not in compliance.
C)a stated purpose of the Act is to encourage state participation in regulating safety and health.
D)the Act prohibits an employer from discharging an employee who exercises rights under the Act.

Question 70

The Fair Labor Standards Act would concern which of the following?

A)Working hours for a fifteen-year-old
B)Overtime pay for managers
C)Attorney fees
D)Overhead charged on contracts

Question 71

Under the Americans with Disabilities Act,

A)only governmental employees are protected.
B)punitive and compensatory damages are not recoverable.
C)employers with fewer than 15 employees did not have to comply until mid-1994.
D)punitive damages for intentional discrimination are subject to a ceiling depending on company size.

Question 72

Under the Civil Rights Act of 1991,

A)only victims of racial discrimination can recover compensatory and punitive damages for intentional discrimination.
B)victims of intentional religious discrimination are entitled to receive compensatory and punitive damages.
C)victims of disparate impact sex discrimination can recover punitive damages.
D)victims of disability discrimination have no remedy, but must seek redress under disability law.

Question 73

The common law of torts protects employees from all of the following except:

A)an unreasonable intrusion into their private lives by employers.
B)unreasonable disclosure by employers of private information.
C)unreasonable publicity putting them in a false light.
D)monitoring of employer-provided e-mail systems.

Question 74

Which of the following is NOT true about Social Security?

A)Disability insurance is one program within the system.
B)Employees pay for Social Security when they file their federal income tax returns.
C)Contributions made by the employer are tax deductible.
D)Employees and employer pay matching contributions.

Question 75

The Federal Employee Polygraph Protection Act:

A)prohibits private employers (with some exceptions) from using lie detector tests, test results, or the refusal to be tested as grounds for adverse employment decisions.
B)only prohibits the federal government's use of polygraphs for making employment decisions.
C)allows polygraphs of employees only to determine illegal drug use by them.
D)completely prohibits all use of polygraphs by employers.

Question 76

Claims of unequal pay for jobs of comparable worth may be brought under:

A)Title VII.
B)The Equal Pay Act.
C)OSHA.
D)The Civil Rights Act.

Question 77

The Landrum-Griffin Act would protect against:

A)a union officer keeping a member from giving his opinion at a union meeting.
B)an employer forbidding union workers from meeting.
C)an NLRB representative influencing elections.
D)an employer requiring all its employees to be union members.

Question 78

Under the Pregnancy Discrimination Act,

A)family leave must be given to pregnant women and mothers of newborns.
B)employers may not refuse to hire a pregnant woman, fire her, or force her to take maternity leave.
C)employers must give family leave to fathers of newborns as well as to mothers.
D)the BFOQ defense is not available.

Question 79

Which of the following is NOT covered by the Fair Labor Standards Act?

A)Minimum wages
B)Hours of employment
C)Child labor
D)Defined benefit plans

Question 80

Compliance with the affirmative action requirement for contractors:

A)is the same for construction and nonconstruction contractors.
B)demands nonconstruction contractors with 50 or more employees or with contracts for more than $50,000 to have a written affirmative action plan.
C)means that federal contractors need only implement affirmative action in promoting employees, not in recruiting.
D)affects only federal construction contractors and subcontractors.