Deck 41: Employment Law

Question 1

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

Answer 1

False

Question 2

A union is engaged in a labor dispute with Hawkins, Inc. To force Hawkins into resolving the dispute in the union's favor, the union organizes a strike against Boxwell Co., with which the union has no dispute. The union agrees to stop the strike if Boxwell agrees to stop doing business with Hawkins. The strike against Boxwell is a prohibited unfair labor practice under the LMRA.

Answer 2

True

Question 3

Garaty, Inc. is currently engaged in negotiations with one of its major unions. The company is covered by the NLRA. If Garaty issues a factually correct statement regarding its financial status along with the opinion of its auditors that meeting the union demands would require the company to close down, it is likely that Garaty will be in compliance with the act.

Answer 3

True

Question 4

The Labor-Management Reporting and Disclosure Act is aimed at eliminating corruption in labor unions.

Question 5

A union shop contract requires the employer to hire only union members.

Question 6

To recover on a claim under workers' compensation, the worker must prove the employer was negligent.

Question 7

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

Question 8

The Rehabilitation Act prohibits discrimination against the handicapped in federal programs and programs receiving federal financial aid.

Question 9

Congress enacted the Norris-LaGuardia Act in 1932 in response to growing criticism of the use of injunctions in peaceful labor disputes.

Question 10

Challenges to affirmative action plans adopted by private or government employers are tested under the Equal Protection Clause of the Constitution.

Question 11

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

Question 12

The Landrum-Griffin Act attempts to eradicate corruption through an elaborate reporting system and a union "bill of rights" designed to make unions more democratic.

Question 13

The LMRA prohibits the closed shop, although it permits the existence of a union shop unless state right-to-work laws prohibit them.

Question 14

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

Question 15

The Equal Pay Act has been interpreted by the courts to require equal pay for men and women based upon the concept of "substantially equal" rather than identical work.

Question 16

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

Question 17

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on age.

Question 18

Sexual harassment is covered by Title VII of the Civil Rights Act of 1964.

Question 19

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

Question 20

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

Question 21

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 22

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

Question 23

State statutes sometimes cover areas that are not covered by federal employment law.

Question 24

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

Question 25

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

Question 26

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 27

The EEOC has issued a statement that affirmative action is lawful only when it is designed to respond to a serious imbalance in the workforce; if it does, the affirmative action must consider the rights of non-minorities or men and need not have a time limit.

Question 28

At common law, an employee can be dismissed at any time but only with cause.

Question 29

The FLSA is not the federal minimum wage statute.

Question 30

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

Question 31

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

Question 32

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

Question 33

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.

Question 34

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

Question 35

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.

Question 36

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

Question 37

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

Question 38

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

Question 39

In a disparate impact case, the Civil Rights Act of 1991 now provides that if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff cannot win.

Question 40

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

Question 41

The __________ is responsible for enforcing federal anti-discrimination laws.

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

Question 42

Under the Equal Pay Act:

A) an employer cannot discriminate against a minority worker by paying him less than a non-minority worker.
B) a man could be paid more than a woman for the same kind of work if he produced more on a piece-rate basis.
C) an employer cannot discriminate in pay for substantially equal work on the basis of religion, sex, or national origin.
D) All of these are correct.

Question 43

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 44

Webster Industries has a unionized workforce. Fredrick's job of operating a stamping machine has been eliminated by technological advances, but the union is requiring Webster to pay Fredrick for the work he would have performed had the machine still been in operation. This requirement is a violation of:

A) the Norris-LaGuardia Act.
B) the Labor-Management Relations Act.
C) the National Labor Relations Act.
D) no labor law; it is just a result of lawful, effective union negotiation.

Question 45

Judicial limitations on the employment-at-will doctrine have been based on:

A) contract law.
B) tort law.
C) public policy.
D) All of these.

Question 46

Under the Americans with Disabilities Act (ADA), an employer may not use qualification standards, tests, or selection criteria that screen out disabled workers because of business necessity even if they are job related.

Question 47

Which of the following would NOT be a violation of Title VII of the Civil Rights Act of 1964? 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 48

Which of the following activities is identified as an unfair employer practice under the NLRA?

A) To interfere with employees' rights to unionize and bargain collectively.
B) To refuse to bargain in good faith with duly established employee representatives.
C) To discriminate against union members.
D) All of these.

Question 49

The Fair Labor Standards Act regulates child labor in agricultural employment.

Question 50

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

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

Question 51

After the employee has demonstrated that the employer pays unequal wages for equal work to members of the opposite sex, the burden shifts to the employer to prove that the pay differential is based on:

A) a seniority system.
B) a merit system.
C) a system that measures earnings by quantity or quality of production.
D) All of these.

Question 52

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) All of these.

Question 53

Victims of racial discrimination are entitled to recover unlimited compensatory and punitive damages even after the Civil Rights Act of 1991.

Question 54

Who administers the federal unemployment compensation laws?

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

Question 55

The Supreme Court has held that the plaintiff will have shown a prima facie case of discrimination if:

A) she is within a protected class.
B) she was qualified for and applied for an open position and was denied the job.
C) after rejecting the complainant, the employer continued to try to fill the position from applicants with the complainant's qualifications.
D) A combination of all of these.

Question 56

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

Question 57

The Rehabilitation Act:

A) requires all employers with 20 or more workers to take affirmative steps to employ the handicapped.
B) has been recently amended to categorically remove those with AIDS from its protection.
C) states that a person addicted to cigarette smoking is handicapped under the Act.
D) does not consider drug and alcohol abuse handicapping conditions for the purposes of the statute.

Question 58

The Vietnam Veterans Readjustment Act requires:

A) all Vietnam veterans to register with the EEOC.
B) all firms receiving federal contracts to engage in affirmative action for disabled and Vietnam-era veterans.
C) all firms to engage in affirmative action for Vietnam-era veterans.
D) firms having at least $10,000 in federal contracts to engage in affirmative action for disabled and Vietnam-era veterans.

Question 59

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
D) FLSA

Question 60

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 61

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 62

The Landrum-Griffin Act would protect against:

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

Question 63

Title VII of the Civil Rights Act of 1964:

A) is enforced by the FTC.
B) applies to employers engaged in an industry affecting commerce and having 15 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 64

Which of the following would violate the Taft-Hartley Act?

A) Union officials boycotting meetings with Tel Ko Computer Corp. representatives.
B) Union officials meeting on Tel Ko Computer Corporation's property.
C) Union members striking to gain more fringe benefits.
D) Union members wearing membership badges.

Question 65

Which of the following defenses does not apply to discrimination based on race?

A) A bona fide seniority system.
B) A professionally developed ability test.
C) A bona fide occupational qualification.
D) None of these.

Question 66

Under the Americans with Disabilities Act:

A) only governmental employees are covered.
B) punitive and compensatory damages are not recoverable.
C) an employer may not use tests that screen out workers with disabilities.
D) punitive damages for intentional discrimination are subject to a ceiling depending on company size.

Question 67

IBN has two manufacturing facilities, one in New York and one in 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 per hour; Ellen-$19.50 per hour; Hank-$14 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 receive more per hour than Marjorie.
C) Yes, because Hank's pay is higher than Marjorie's.
D) No, since they are different people with different personalities.

Question 68

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

A) Working hours for children employed picking strawberries.
B) Minimum hourly wage for a factory worker.
C) Overtime pay for managers.
D) Attorney fees.

Question 69

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

A) Title VII.
B) The Equal Pay Act.
C) OSHA.
D) Such claims may be brought under all of the above.

Question 70

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) All of these would be scrutinized.

Question 71

Shopville Industries, Inc., a nonconstruction employer of 35 people, is subject to the Executive Order prohibiting discrimination based on race, sex, religion, or national origin by federal contractors:

A) only if it has contracts for more than $100,000.
B) only if it has contracts for more than $50,000.
C) regardless of the dollar value of its contracts.
D) under no circumstances since the Executive Order only applies to construction contractors.

Question 72

ABC Company sells nursery products. It only hires women as sales representatives because it thinks that its customers relate better to women. Which of the following is true?

A) This is a violation of Title VII of the 1964 Civil Rights Act.
B) This is an example of a bona fide occupational qualification.
C) This is a violation of the Equal Pay Act.
D) None of these.

Question 73

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 racial discrimination are still entitled to receive unlimited compensatory and punitive damages.
C) victims of sex discrimination are no longer subject to ceilings on the amount of recoverable punitive damages.
D) victims of disability discrimination are not subject to ceilings on the amount of recoverable compensatory damages.

Question 74

Under the Title VII's prohibition of sex discrimination in the workplace:

A) a sexual harassment suit can be maintained even if the person who is harassed suffers no economic loss and the only injury is a hostile work environment.
B) sexual harassment is not covered unless the harassed person is not promoted or is fired for not complying with the person seeking the sexual favors.
C) same-sex harassment is not actionable under Title VII according to a ruling of the U.S. Supreme Court.
D) sexual harassment charges cannot be maintained against an employer who tolerates sexual harassment, but only against the person instigating the harassment.

Question 75

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 76

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 77

Which of the following is NOT true about Social Security?

A) The purpose is to provide full retirement to almost all employees.
B) Employers and employees share the cost of contributions for the employees' benefit.
C) Self-employed individuals pay the full cost of contributions for their benefit.
D) Social security consists of four main programs: OASI, DI, Medicare, and SSI.

Question 78

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 probably 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 25 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 79

In a disparate treatment case:

A) if the plaintiff meets the burden of proving a prima facie case, the burden of proof shifts to the employer.
B) an employer will not prevail in the face of a plaintiff's prima facie case unless it can articulate legitimate, non-discriminatory reasons for its actions.
C) if a plaintiff can show that a defendant's allegedly legitimate reason for not hiring plaintiff is merely a pretext for discrimination, the plaintiff wins.
D) All of these.

Question 80

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 that:

A) they are not subject to the Act since they only have six employees.
B) the agency, as part of state government, is not subject to the Act.
C) Ed is not able to do gymnastics.
D) this is not a salary dispute.