Deck 11: Other Equal Employment Opportunity and Employment Legislation: Federal and State Laws

Question 1

Section 1983 of the Civil Rights Act is restricted to claims of intentional discrimination.

Answer 1

True

Question 2

After the decision in Saint Francis College v. Al-Khazraji , the courts now interpret "race" under Section 1981 broadly to include claims of ethnic discrimination that are racial in character.

Answer 2

True

Question 3

The federal Employee Polygraph Protection Act of 1988 supports the right of private employers to require employees to take polygraph, or "lie detector," tests.

Answer 3

False

Question 4

By refusing to bargain in good faith, employers and unions that negotiate, or attempt to negotiate, discriminatory provisions in seniority systems, pay scales, or promotion policies could be committing unfair labor practices in violation of Section 8(a) (5)or Section 8(b) (3).

Question 5

The whistleblower provisions of Sarbanes-Oxley also apply to foreign citizens working  abroad for foreign subsidiaries of U.S. corporations.

Question 6

The Sarbanes-Oxley Act of 2002 applies to corporations whose shares are publicly traded in the United States.

Question 7

Plaintiffs may bring suits under Section 1981 to challenge racial or ethnic harassment or retaliation, according to Manatt v. Bank of America, N.A .

Question 8

Federal EEO laws specifically prohibit employment discrimination based on criminal record.

Question 9

Executive Order No. 11246 states that, as amended, firms doing business with the federal government must agree not to discriminate in employment on the basis of race, color, religion, national origin, or gender. This forms the basis of the federal government:

A)contract compliance program.
B)affirmative action program.
C)social welfare program.
D)labor management program.

Question 10

The prohibitions of _____ extend to the deprivation of any rights guaranteed by the Constitution or by law.

A)Section 1981(a)of the Civil Rights Act of 1991
B)Section 1981(b)of the Civil Rights Act of 1991
C)Section 1983 of 42 U.S.C.
D)Section 1985 of 42 U.S.C.

Question 11

Which one of the following Sections states that "For the purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship?

A)Section 1971 of the Sarbanes-Oxley Act of 2002
B)Section 1981 of the Rehabilitation Act
C)Section 1981(a)the National Labor Relations Act
D)Section 1981(b)of the Civil Rights Act of 1991

Question 12

Executive Order No. 11246 provides the basis for the federal government contract compliance  program.

Question 13

Affirmative action plans must be updated once in every six months and must contain an analysis of the employer's use of minors and senior citizens for each job category in the work force.

Question 14

Which of the following Sections prohibits two or more persons from conspiring to deprive a person or class of persons "of the equal protection of the laws, or of equal privileges and immunities under the law?"

A)Section 1981(a)of the EEOC
B)Section 1981(b)of the Age Discrimination Act
C)Section 1985(c)of the Civil Rights Act
D)Section 1991 of the Gender Discrimination Act

Question 15

The Civil Rights Acts of 1866 and 1870 were intended to ensure that the newly freed slaves were granted the full legal rights of U.S. citizens.

Question 16

Persons who are affected by alleged violations of the USERRA must file written complaints with the U.S. Attorney General.

Question 17

The federal Employee Polygraph Protection Act of 1988 prohibits honesty testing.

Question 18

Individuals alleging a violation of a firm's obligations under Executive Order No. 11246 may  file complaints with the Occupational Health and Safety Administration.

Question 19

Which one of the following Section, in part, states that "All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contract as is enjoyed by white citizens"?

A)Section 1982 of the Civil Rights Act of 1991
B)Section 1981 of 42 U.S.C.
C)Section 1985 of the Sarbanes-Oxley Act of 2002
D)Section 1986 of the National Labor Relations Act

Question 20

Under Title VII, a person complaining of employment discrimination must file with any state  or local EEO agency before taking their complaint to the federal Equal Employment  Opportunity Commission.

Question 21

In Cleveland Board of Education v. LaFleur , the Supreme Court struck down a rule imposing a mandatory maternity leave on teachers reaching the fifth month of pregnancy on grounds that it violated the _____ rights of the teachers.

A)due process
B)equal protection
C)affirmative action
D)fundamental

Question 22

In McDaniel v. Loyola University Medical Center , an employee filed claims against his employer for violations of:

A)the Uniformed Services Employment and Reemployment Rights Act.
B)the Civil Rights Act of 1991.
C)the federal Civil Service Reform Act.
D)the Federal Mine Health and Safety Act.

Question 23

Which one of the following options provides general protection for civil service workers from any discipline or retaliation because they have disclosed a violation of laws or regulations, gross mismanagement or a gross waste of funds, or a substantial and specific danger to the public health or safety?

A)The Civil Rights Act of 1866 and 1870
B)The Federal Civil Service Reform Act
C)The National Labor Relations Act
D)Executive Order 11246

Question 24

Which one of the following acts imposes both civil and criminal penalties for employers who take adverse employment actions against whistleblowers?

A)The Civil Service Reform Act
B)The Sarbanes-Oxley Act
C)The Civil Rights Act
D)The Fair Labor Standards Act

Question 25

Firms found to be in violation of the obligations under the Executive Order, either through the courts or the administrative proceedings may be subject to _____ and required to provide back pay and grant retroactive seniority to affected employees.

A)injunctions
B)review petition
C)pre trial judgment
D)summary dismissal

Question 26

An employee who attempts to report employer wrongdoing or actions threatening public health or safety to government authorities is called a:

A)union member.
B)negotiator.
C)whistleblower.
D)arbitrator.

Question 27

In United Packinghouse Workers Union v. NLRB , the court held that race discrimination by an employer was an unfair labor practice in violation of _____ of the NLRA.

A)Section 8(b) (2)
B)Section 8(a) (1)
C)Section 1981(a)
D)Section 8(a) (3)

Question 28

Which one of the following options is a basis of discrimination, classification, or differential by government action which is neutral with regard to race, color, gender, religion or national origin, and which is related to legitimate government interests?

A)Due process clause
B)Strict scrutiny test
C)Suspect class
D)Non-suspect class

Question 29

Which one of the following laws requires criminal background checks for employees of the state Lottery Commission?

A)Texas law
B)Virginia law
C)Indiana law
D)Tennessee law

Question 30

Which one of the following options is responsible for investigating and pursuing claims of whistleblowers?

A)Equal Employment Opportunity Commission
B)National Labor Relations Board
C)The federal Office of Special Counsel
D)International Labor Organization

Question 31

The courts now interpret "race" under Section 1981 broadly to include claims of ethnic discrimination that are racial in character, according to:

A)Saint Francis College v. Al-Khazraji.
B)Lopez v. S. B. Thomas, Inc.
C)Manatt v. Bank of America, N.A.
D)None of these answers.

Question 32

Which of the following is not true regarding USERRA?

A)It covers both private and public sector employers.
B)It also covers the federal government.
C)It prohibits employers from discriminating against employees because of their service in the military.
D)It applies only to career military service.

Question 33

Which one of the following options is a program that involves giving preference in hiring or promotion to qualified female or minority employees?

A)Contract compliance program
B)Labor management program
C)Social welfare program
D)Affirmative action program

Question 34

A constitutional analysis used by courts hearing equal protection claims involving governmental discrimination based on a "suspect class" is known as a(n):

A)contract compliance program.
B)strict scrutiny test.
C)affirmative action plan.
D)social welfare program.

Question 35

Persons who are affected by alleged violations of the USERRA must file written complaints with the:

A)National Labor Relations Board.
B)Equal Employment Opportunity Commission.
C)National Federation of Labor Union.
D)Federal Secretary of Labor.

Question 36

Employees who were ordered to active military service are entitled to reinstatement and employee benefits if they meet the following requirements except:

A)they gave the employer notice of the period of military service.
B)they are absent for a cumulative total of less than five years.
C)they were initially employed for a brief, nonrecurring period.
D)they submitted an application for reemployment within the designated time period.

Question 37

Except in those instances where sex may be a BFOQ, all state EEO laws, in terms or conditions of employment, prohibit the discrimination on the basis of:

A)age.
B)gender.
C)sexual orientation.
D)race.

Question 38

A basis of discrimination, classification, or differential treatment such as race, color, gender, religion or national origin by government action, for which there is little legitimate justification for treating persons because of such characteristics, is called as a:

A)suspect class.
B)nonsuspect class.
C)minority class.
D)bargaining unit.

Question 39

Which of the following statements is not true?

A)The Michigan Civil Rights Act specifically prohibits discrimination based on height or weight.
B)The District of Columbia Human Rights Law prohibits discrimination based on personal appearance or political affiliation.
C)Maine law requires employers to post a notice in the workplace informing employees that sexual harassment is illegal.
D)New York law prohibits a mother from breast-feeding her child in any public place.

Question 40

Which one of the following state laws allows institutions of higher education to obtain background checks on applicants for security-sensitive positions?

A)Tennessee law
B)Indiana law
C)Texas law
D)Missouri law

Question 41

What is the responsibility of the federal Office of Special Counsel?

Question 42

What are the remedies provided under civil whistleblower's provisions by the Department of Labor?

Question 43

What are remedial affirmative action plans?

Question 44

In Coates v. Dish Network, LLC, the Supreme Court ruled that:

A)the employee could be terminated for his use of medical marijuana in accordance with the Medical Marijuana Amendment of the state constitution.
B)the employee could not be terminated for his use of medical marijuana in accordance with the Medical Marijuana Amendment of the state constitution.
C)the employee should have been transferred to a less dangerous position.
D)None of these answers.

Question 45

The EPPA requires that any polygraph test must be administered by a(n):

A)independent contractor.
B)validly licensed examiner.
C)labor inspector.
D)arbitrator.

Question 46

The only remedy available to persons complaining of racial discrimination in federal government employment is provided by Section 717 of Title VII, according to:

A)Davis v. Passman.
B)McDaniel v. Loyola University Medical Center.
C)Brown v. GSA.
D)None of these answers.

Question 47

What is the role of federal Employee Polygraph Protection Act of 1988?

Question 48

Define affirmative action plans.

Question 49

The federal and state legislation generally prohibits employers from requiring employees to take:

A)drug tests.
B)polygraph tests.
C)psychometric tests.
D)physical fitness tests.

Question 50

Who administers the contract compliance program?

Question 51

What are the requirements of strict scrutiny test?

Question 52

Define honesty tests.

Question 53

Briefly explain the Uniformed Services Employment and Reemployment Rights Act.

Question 54

Employers from discriminating against employees because of their legal off-duty recreational or political activities are prohibited under _____ of the New York State Labor Law.

A)Section 201-a
B)Section 201-d
C)Section 205-d
D)Section 203-b

Question 55

Which of the following is true with regard to Hansen v. America Online, Inc. ?

A)The Utah Supreme Court accepted a wrongful termination suit brought by several employees.
B)The employees were discharged for violating an employer's policy prohibiting possession of a firearm on the employer's property.
C)The court held that the discharge of the employees was not in violation of public policy.
D)The private property rights of the employer allowed the employer to ban firearms from its property.

Question 56

What is the role of Uniformed Services Employment and Reemployment Rights Act?

Question 57

What was the basic intention behind creation of the Civil Rights Acts of 1866 and 1870?

Question 58

The use of psychological profile tests as an employee selection device could possibly raise issues under the _____ or state antidiscrimination legislation.

A)Civil Rights Act of 1991
B)Americans with Disabilities Act
C)federal Equal Employment Opportunity
D)federal Employee Polygraph Protection Act

Question 59

Give a brief outline of the Civil Rights Act of 1866 and 1870.

Question 60

Which one of the following legislative protections is mainly designed to protect smokers or tobacco users from employment discrimination as long as their tobacco use is after the working hours?

A)Criminal Record
B)Clean Indoor Air
C)Honesty Testing
D)Off-Duty Conduct

Question 61

Name a few instances in which the employers conduct criminal record background checks on applicants.

Question 62

What reasons allow employers not to reinstate employees after their military service?

Question 63

What are the exceptions under EPPA to allow polygraph testing?