Deck 42: Employment Law

Question 1

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

Answer 1

False

Question 2

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 2

True

Question 3

Unemployment compensation is funded by federal grants.

Answer 3

False

Question 4

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

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

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

Question 10

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 11

Employees' concerted activities, such as strikes and picketing, have always been an important means of obtaining higher wages and better working conditions in American labor law.

Question 12

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

Question 13

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

Question 14

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

Question 15

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

Question 16

The Equal Pay Act requires equal pay for men and women based upon the concept of "substantially equal" rather than identical work.

Question 17

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 18

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

Question 19

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

Question 20

The Rehabilitation Act prohibits discrimination against the handicapped.

Question 21

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 22

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.

Question 23

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..

Question 24

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

Question 25

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

Question 26

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

Question 27

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

Question 28

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 29

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

Question 30

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 31

The FLSA is not the federal minimum wage statute.

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

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

Question 34

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

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

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

Question 37

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

Question 38

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 39

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

Question 40

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.

Question 41

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

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

Question 42

Who administers the federal unemployment compensation laws?

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

Question 43

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 44

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 dominate the union.
C)To discriminate against union members.
D)To refuse to bargain in good faith with duly established employee representatives.
E)All of the above.

Question 45

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 46

The Equal Employment Opportunity Commission is empowered to:

A)file legal actions in its own name but not to intervene in actions filed by third parties.
B)attempt to resolve alleged violations through informal means prior to bringing suit.
C)investigate all charges of discrimination.
D)(a) and (b)
E)(b) and (c)

Question 47

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

A)is within a protected class.
B)had applied for an open position.
C)was qualified for the position along with other applicants.
D)was denied the job but the employer continued to try to fill the position from applicants with the plaintiff's qualifications.
E)A combination of all of the above.

Question 48

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

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

Question 49

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 50

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)any factor except gender.
E)All of the above.

Question 51

The Americans with Disabilities Act of 1990 requires businesses to make special accommodations for handicapped workers and customers unless the cost is unduly burdensome.

Question 52

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

Question 53

Under the Americans with Disabilities Act (ADA) of 1990, 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 54

Under the Equal Pay Act of 1963:

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 55

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

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

Question 56

The Rehabilitation Act of 1973:

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 57

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

Question 58

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 59

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 60

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 the above.

Question 61

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.
C)Self-employed individuals pay the full cost of contributions.
D)Social Security consists of four main programs: OASI, DI, Medicare, and SSI.

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

Ben challenged his state transportation department's affirmative action plan as constituting illegal reverse discrimination.The plan will be:

A)subject to strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment.
B)subject to a rational basis test to determine its constitutionality.
C)examined to see if the classification is justified by a compelling governmental interest and uses the least intrusive means available.
D)Both (a) and (c).

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.
E)Both (a) and (d) above are correct.

Question 65

Shopville Industries, Inc., a nonconstruction employer of 35 people, must have a written affirmative action plan 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 66

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.
E)Both (a) and (b) above are correct.

Question 67

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 68

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 the above.

Question 69

Sexual harassment is an illegal form of sexual discrimination that includes:

A)unwelcome sexual advances.
B)requests for sexual favors in return for job promotion.
C)unwanted verbal or physical conduct of a sexual nature where the subject of the unwanted advances has made known to the perpetrator that the actions are unwanted and the conduct reasonably interferes with the subject's work performance.
D)All of the above.
E)(a) and (b) but not (c).

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)Both (a) and (c) above are correct.

Question 71

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 72

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 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 73

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 74

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 75

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 of 1967, the agency's best defense would be that:

A)they are not subject to the Act since they only have six employees.
B)there is a bona fide seniority system.
C)Ed is not able to do gymnastics.
D)this is not a salary dispute.

Question 76

Which of the following would be illegal under the NLRA?

A)Tek Computer Company refuses to allow notice of union meetings to be posted at work.
B)Tek Computer Company refuses to pay .50 per hour more to union employees.
C)Tek Computer Company fires Billy because he filed charges against the company with the NLRB.
D)All of the above.
E)Both (a) and (c) above are correct.

Question 77

Which of the following is correct about employment relationships?

A)State statutes protect workers from discriminatory discharge for filing workers' compensation claims.
B)Under the common law, a person cannot be fired for "any reason at all."
C)Courts have not created exceptions to the employment-at-will doctrine by imposing tort obligations on employers.
D)The U.S.Supreme Court recently reaffirmed the basic "at will" rule.

Question 78

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 79

Jonathan and his wife, Claudia, are planning to adopt a baby in one month.Jonathan has worked full-time for eight months in a six-person office of the county planning commission, and Claudia has worked full-time for the last three years for a 40-person business operating a nursing home.Under the Family and Medical Leave Act, when Jonathan and Claudia actually adopt:

A)Jonathan is eligible for up to 12 weeks of unpaid leave.
B)Claudia is eligible for up to 12 weeks of paid, unpaid, or a combination of paid and unpaid leave.
C)neither Jonathan nor Claudia is eligible for any leave.
D)both Jonathan and Claudia are eligible for up to 12 weeks of paid or unpaid leave.

Question 80

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 the above.