Deck 14: Employment

Question 1

A hotel in Tennessee is hiring a concierge. An applicant from Spain understands very little English. True or false: If the hotel refuses to hire the applicant due to the inability to speak English, the hotel will be illegally discriminating.

Answer 1

False

Question 2

If the Equal Employment Opportunity Commission fails to act on a discrimination claim within 180 days, the claimant automatically loses the case and has no alternative remedies.

Answer 2

False

Question 3

For purposes of determining whether an employee is entitled to overtime pay, which of the following is not counted as time worked?

A) Rest periods of twenty minutes or less
B) Time spent in required training
C) Time needed to total cash register receipts after regular work hours
D) Time needed to travel from one's home to the job site

Answer 3

D

Question 4

Which of the following is not true about the Immigration Reform and Control Act?

A) It seeks to minimize the number of illegal aliens employed in the United States.
B) Employers are required to examine their workers' employment documents to verify authorization to work in this country.
C) An employee who cannot produce the necessary paperwork within three weeks of being hired must be terminated.
D) An employer must begin deportation proceedings against an employee who cannot produce the necessary paperwork in the allotted time.

Question 5

Which of the following is not a protected class for purposes of illegal job description?

A) Sex
B) National origin
C) Place of residence within the United States
D) Pregnancy

Question 6

A supervisor asked one of his employees he managed out on a date. The employee had been admiring the supervisor for weeks and was very pleased with the invitation. She quickly accepted. True or false: The facts constitute sexual harassment.

Question 7

Companies should establish a sexual harassment policy containing all but which of the following?

A) A compliant procedure that authorizes employees to file complaints directly with their supervisor.
B) A rule requiring that, if the victim concurs, all complaints should be thoroughly investigated.
C) A rule requiring that prompt remedial action be taken against the harasser.
D) A rule requiring that the name of the victim be maintained as confidential unless the victim authorizes release of his or her identity.

Question 8

All employees are subject to the minimum wage requirement.

Question 9

In a discrimination case, the amount of compensatory damages an employer may be required to pay is unlimited.

Question 10

An employee who works at the front desk of a hotel has requested a weekend day off to celebrate an annual religious holiday. The hotel is particularly busy on the weekend, and the employer is hesitant to release the employee from job obligations. Which of the following is false?

A) The employer can refuse to grant the day off without attempting to accommodate the employee's request.
B) The employer is well advised to assist the employee in locating a substitute employee by such means as affording space on a company bulletin board.
C) If the employee made arrangements with another qualified employee to work the shift, the employer must give unpaid time off for the religious holiday.
D) If a satisfactory arrangement with another employee cannot be made, the employer can refuse to grant time off for religious holidays.

Question 11

A hotel is hiring a marketing and sales person to promote increased convention sales. The hotel refuses to hire an applicant who is 24 years old because it wants a more mature person for the job. Does the refusal of the hotel to consider the applicant constitute illegal discrimination?

A) Yes, this is discrimination based on age.
B) Yes, this is discrimination based on experience.
C) No, the law does not protect from discrimination for persons under the age of 40.
D) No, age is not a protected class.

Question 12

Restrictions on employment of young persons include all of the following except:

A) The method of transportation used by the person to travel to and from work
B) The hours during the day when the young person can work
C) The number of hours per week that the young person can work
D) The type of tasks the young person can do

Question 13

Which of the following is an employer not required to do as an accommodation to an employee with a disability?

A) Modify training materials for the visually impaired
B) Enlarge doors to enable a person in a wheelchair to enter and exit
C) Purchase glasses for an employee
D) Modify a work schedule to coincide with public transportation schedules

Question 14

Congress sets the minimum wage; states may not pass laws varying from the minimum wage set by Congress.

Question 15

Which of the following does the Fair Labor Standards Act not require?

A) Payment by the employer of minimum wages
B) One and one-half times the regular pay for overtime work
C) Prohibition against discrimination on the basis of age
D) Restrictions on child labor

Question 16

An employer has no liability for sexual harassment committed by a non-supervisory co-worker.

Question 17

Which of the following is an example of sexual harassment in the form of a hostile work environment?

A) A woman is denied a promotion because she rejected her boss's advances.
B) A female employee was demoted because she refused to respond to her supervisor's sexual advances.
C) A female employee is exposed to persistent lewd remarks and pinups at her work site.
D) A male employee attending an out-of-town conference with his female boss declined an invitation to share a hotel room and was later denied training opportunities that would have qualified him for promotion.

Question 18

A fifteen-story hotel is hiring someone to wash exterior windows. Due to the dangers of the job, it sought to hire only males. True or false: By considering only males in this circumstance, the hotel violates Title VII of the Civil Rights Act.

Question 19

Courts have accepted the argument that comparable work requires equal pay.

Question 20

Based on the Civil Rights Act of 1991, compensatory and punitive damages are remedies available to plaintiffs who have been discriminated against on all but which one of the following?

A) Age
B) Religion
C) Disability
D) Race

Question 21

The __________________________________________________ requires employers to verify the employment eligibility of all employees to prevent illegal aliens from working in the United States.

Question 22

Claims alleging violations of Title VII are filed with the __________________________________________________.

Question 23

An employer must accommodate an employee's request for days off to celebrate religious holidays if ____________________________________________________________.

Question 24

If a job applicant is an alien qualified to work in this country but is not a U.S. citizen, an employer can legally refuse to hire that person on the basis that he or she is not a citizen.

Question 25

An American hotel company built a hotel in France that is owned and operated by the American company. True or false: If the hotel hires U.S. citizens to work in France, they are protected against discrimination.

Question 26

The federal government is closing an army base, which will have a major negative impact on the business of a local hotel. To prepare for the downturn, the employer is cutting the hours of all employees. A pregnant woman objects to the decrease in her hours, claiming it constitutes discrimination on the basis of pregnancy. True or false: She should be successful in a lawsuit by asserting this claim.

Question 27

To be successful in a sexual harassment case, a plaintiff must prove that the activity was ____________________.

Question 28

An employer can pay a training wage below minimum wage to young workers entering the workforce for the first time, and training wages must be at least ____________________ percent of the minimum wage.

Question 29

The following question is permissible for an employer to ask during an employment interview: What medications are you taking?

Question 30

An employer may have a defense in a discrimination case where the selection of an employee-although based on sex, religion, or national origin-was reasonably necessary for the normal operation of the employer's business. This defense is called __________________________________________________.

Question 31

Concerning the Americans with Disabilities Act, the core responsibilities of a job as distinguished from marginal or incidental assignments are called the ___________________________________.

Question 32

An employer hiring a new employee can legally require a drug test prior to offering a job to an applicant.

Question 33

The receptionist at a restaurant is five months pregnant. Although she is capable of performing all of her job responsibilities, the employer prefers that a non-pregnant person greet diners. True or false: The employer can terminate the employment of the pregnant woman and replace her with a non-pregnant person.

Question 34

A form of sexual harassment that involves promises of job benefits in return for unwelcome sexual advances or a request for sexual favors is called ______________________________.

Question 35

The term _________________________ refers to artificial barriers that restrict promotion opportunities for women and minorities to management and decision-making positions in business.

Question 36

The classes of people protected by the Civil Rights Act of 1964 include disabled persons.

Question 37

An employer who is hiring a new manager can refuse to hire an applicant who has recovered from a serious illness on the ground that the person may frequently be absent.

Question 38

Two common reactions of victims of sexual harassment are ____________________________________________________________________.

Question 39

Title VII of Civil Rights Act of 1964, barring discrimination against protected classes, applies to employees with ____________________ or more employees.

Question 40

The __________________________________________________ makes it unlawful for an employer to refuse to hire, on the basis of age, a person who is 40 years old or older.

Question 41

For a plaintiff in a discrimination case to receive punitive damages, proof is required that the employer acted ____________________________________________________________.

Question 42

The test to determine whether two jobs are the same for purposes of the rule of "equal pay for equal work" is ___________________________________________________________________.