Deck 18: Employment Law

Question 1

Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.

Answer 1

False

Question 2

Employees who receive tips on the job cannot be paid less in direct wages than the federal minimum wage.

Answer 2

False

Question 3

Under the employment-at-will doctrine, an employer can end an em?ployment relationship at any time.

Answer 3

True

Question 4

Both employers and employees contribute to help pay for benefits that will partially make up for the employees' loss of income on retirement.

Question 5

Whistleblower statutes protect employees from retaliatory discharge.

Question 6

Only the federal government sets safety standards governing workplaces.

Question 7

Under federal law, only key employees who take temporary family or medical leave are entitled to job reinstatement.

Question 8

An employer may not hire an illegal immigrant under any circumstances.

Question 9

Whistleblower statutes protect employers who report their employees' wrongdoing.

Question 10

A whistleblower is an employee who reveals confidential information about a fellow employee to an employer.

Question 11

An employer may avoid laws regulating monitoring activities by informing employees that they are subject to monitoring.

Question 12

A promise that an employer makes in an employee handbook regarding discharge will not be considered part of an implied contract.

Question 13

Employees are entitled to overtime pay only at their employer's discretion.

Question 14

An employee who is fired outside of the terms of an implied employment contract may succeed in an action for breach of contract.

Question 15

Children must be at least thirteen years old to work in hazardous occupations.

Question 16

Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.

Question 17

To hire employees from other countries, an employer must first obtain the approval of the U.S. Immigration and Customs Enforcement.

Question 18

All unemployed workers who are willing and able to work are eligible for unemployment compensation.

Question 19

A key employee is defined as an employee whose pay falls within the top 10 percent of the firm's workforce.

Question 20

All employers must provide their employees with up to twelve months of family or medical leave.

Question 21

The Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males.

Question 22

The Civil Rights Act of 1964 does not protect against reverse discrimination.

Question 23

Marvin is an employee of Wild Thing Farms. Marvin finds out that the head of Wild Thing Farms is illegally importing endangered animals to sell as pets. If Marvin reports his employer's illegal activities he will probably be protected fro retaliatory discharge by

A) unemployment statutes.
B) worker compensation statutes.
C) whistleblower statutes.
D) no statutes.

Question 24

Under the Americans with Disabilities Act of 1990, an employer must hire unqualified applicants who have disabilities.

Question 25

Employers can treat their employees more or less favorably based on their religious beliefs or practices.

Question 26

Thelma is an employee at Foreign Food Mart. Thelma is called for jury duty and as a result cannot work her scheduled shift at Foreign Food Mart. Foreign Food Mart fires Thelma. This is a violation of

A) an example of the doctrine.
B) an exception based on contract theory.
C) an exception based on public policy.
D) an exception based on tort theory.

Question 27

Disparate-impact discrimination occurs when a protected class of individuals is adversely affected by an employer's practices, even though they do not appear to be discriminatory.

Question 28

Protection against discrimination under the Civil Rights Act of 1964 does not extend to individuals who are harassed by members of the same gender.

Question 29

Under the Age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person "outside the protected class."

Question 30

The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of national origin.

Question 31

Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964.

Question 32

Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than

A) eight hours in a day.
B) forty hours in a week.
C) 160 hours in a month.
D) one year for the same employer.

Question 33

Sexual harassment occurs only if sexual favors are demanded of an employee.

Question 34

Tyrone is seventeen years old. Under the Fair Labor Standards Act, he

A) cannot work in a hazardous occupation.
B) cannot work during school hours.
C) must obtain a permit to work.
D) none of the choices.

Question 35

A plaintiff who proves unlawful discrimination may be awarded reinstatement and back pay, but not retroactive promotions.

Question 36

State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act of 1967.

Question 37

Employers cannot forbid their employees from participating in any religious activity.

Question 38

Workbilt Hardware Company employs workers, including Gina, at six locations in two states. Workbilt's discharge of Gina outside the terms of an employment contract may result in

A) Workbilt's liability for damages.
B) Gina's deportation under the Immigration Act.
C) discontinuance of Gina's health-plan coverage.
D) monitoring Workbilt's communications for privacy violations.

Question 39

An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action.

Question 40

When the harassment by co-workers creates a hostile working environment, an employee may have a cause of action against the employer.

Question 41

Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for

A) a random selection of new hires.
B) every other new hire.
C) new hires with certain racial or ethnic characteristics.
D) each new hire.

Question 42

Hu, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by

A) the employer.
B) the individuals.
C) the individuals' countries of origin.
D) the U.S. Citizenship and Immigration Services.

Question 43

Cody believes that Delta Corporation has dis?criminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To es?tablish a prima facie case of employment discrimi?nation, Cody must show that

A) Cody is a member of a protected class.
B) Delta has no legal defenses against the claim.
C) discriminatory intent motivated Delta's act.
D) other firms in Delta's industry have committed discriminatory acts.

Question 44

Dakota believes that Credit Services Corporation (CSC) has dis?criminated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act of 1964. To es?tablish a prima facie case of employment discrimi?nation, Dakota must show that

A) she is a member of a protected class.
B) CSC has no legal defenses against the claim.
C) discriminatory intent motivated CSC's act.
D) no other firm in CSC's industry has committed a discriminatory act.

Question 45

Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is

A) reverse discrimination.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

Question 46

Melanie files an employment discrimination suit against Natural Gas Industries Corp. under Title VII on a disparate-impact theory. To succeed, Melanie must show that a protected group of people are adversely affected by any of the following except the employer's

A) practices.
B) procedures.
C) tests.
D) seniority system.

Question 47

Jo works for Tall Tales Publishing, Inc. The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA) is based on her

A) seniority at Tall Tales.
B) annual wage base.
C) special job skills.
D) county of residence.

Question 48

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of

A) experience.
B) gender.
C) intelligence.
D) skill.

Question 49

Mythic Games Company employs two hundred workers full-time. If Mythic Games plans to have a mass layoff, it must provide its employees with at least

A) thirty days of notice.
B) sixty days of notice.
C) ninety days of notice.
D) one year of notice.

Question 50

Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Fruits & Vegetables can hire illegal immigrants

A) if either the employer or the immigrants file special forms.
B) only if the employer files a special form.
C) only if the immigrants file special forms.
D) under no circumstances.

Question 51

Café Cuisine Dining, Inc., employs one hundred workers at three loca?tions in two states. Under federal law, Café Cuisine must pro?vide its employees, during any twelve-month period, family or medi?cal leave of up to

A) twelve days.
B) twelve weeks.
C) twelve months.
D) twelve years.

Question 52

Network Industries, Inc., wants to monitor its employees' electronic com?munications. To avoid liability under laws related to employee monitor?ing, Network should announce the monitoring to

A) no one.
B) the employees.
C) the government.
D) the public generally.

Question 53

Clive works for Digby Excavation Corporation. While operating a backhoe, Clive suffers an injury. Clive will be compen?sated under state workers' compensation laws only if

A) he does not have health insurance.
B) he is completely disabled.
C) his injury was accidental.
D) his injury was intentional.

Question 54

Big Drill Oil Company employees one hundred workers. Big Drill must do all of the following except

A) keep occupational injury and illness records for each employee.
B) report any work-related diseases directly to OSHA.
C) report any employee death due to a work-related incident to OSHA within eight hours.
D) pay employees higher wages for working in more dangerous areas.

Question 55

Erasmus files a suit against Drain-Pro Plumbing & Repair LLC under the Civil Rights Act of 1964, claiming reverse discrimination. To support this claim, Erasmus must show that he is a member of

A) a protected class.
B) a majority group.
C) an employers' association.
D) a union.

Question 56

Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico. Due to the location, it would be easier for Southwestern to employ noncitizens. With respect to persons not authorized to work in the United States, an employer can

A) hire them.
B) recruit them.
C) refer them for a fee.
D) not hire them, recruit them, or refer them for a fee.

Question 57

Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race. Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination. Sarah must show all of the following except that

A) she is a member of a protected class.
B) she applied and was qualified for the job in question.
C) she was rejected by Trekking Travel Agency.
D) other people of her race hold similar positions with other employers.

Question 58

Olivia applies for a job with Petro Company. Petro does not hire Olivia because of her ethnicity, or national origin. This is

A) reverse discrimination.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

Question 59

Quinn is an employee of Regional Industries, Inc. Quinn is threatened with a discharge when he refuses a transfer to a Regional department in which several employees suffered serious injuries from exposure to hazardous chemicals. Quinn may be entitled to protection from discharge under

A) no law.
B) the Family and Medical Leave Act.
C) the Occupational Safety and Health Act.
D) the state workers' compensation act.

Question 60

Samson is a government employee. Samson is limited in drug testing by the

A) First Amendment.
B) Second Amendment.
C) Fourth Amendment.
D) Eighth Amendment.

Question 61

Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some em?ployees will be discharged. Ruth tells Tim that if he has sex with her, he can keep his job. This is

A) harassment on the basis of sexual orientation.
B) not harassment.
C) quid pro quo harassment.
D) same-gender harassment.

Question 62

Jason and Katrina work on the loading dock for Longhaul Transport Company. Jason has a disability. Katrina has seniority. Jason asks for a transfer, which would represent an accommodation for his disability. Longhaul gives the transfer to Katrina on the basis of her seniority. Jason files a suit against Longhaul for discrimination on the basis of his disability. The court is most likely to rule that

A) Katrina's seniority is a good defense.
B) Jason's disability is a sufficient basis for relief.
C) Longhaul's action was a business necessity.
D) Longhaul's action was a reasonable accommodation.

Question 63

Machine Corporation requires its employees to have a high school diploma, claiming a definite connection between a high school edu?ca?tion and job performance. In a suit against Machine Corporation under Title VII, this requirement is shown to have a discriminatory effect. The employer has

A) no defense.
B) a bona fide occupational qualification defense.
C) a business necessity defense.
D) a seniority systems defense.

Question 64

Fact Pattern 18-1 (Questions 31-32 apply)
Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly im?possible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability.
Refer to Fact Pattern 18-1. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that

A) Beth consistently met the essential requirements of her job.
B) COC refused to make reasonable accommodation for Beth.
C) Dian is unqualified for Beth's position.
D) the doors were installed as an act of intentional discrimination.

Question 65

Gelato Cheese Company, a major processor of cheese sold throughout the United States, employs one hundred workers at its principal processing plant. The plant is located in Heartland Corners, which has a population that is 50 percent white and 25 percent African American, with the balance Hispanic American, Asian American, and others. Gelato requires a high school diploma as a condition of employment for its cleaning crew. Three-fourths of the white population completed high school, compared with only one-fourth of those in the minority groups. Gelato has an all-white cleaning crew. Has Gelato violated the Civil Rights Act of 1964? Explain.

Question 66

Healthy Harvest Company runs a candy and fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Occasionally, a position opens for an individual with highly specialized skills, particularly to operate and maintain the company's inventory and sales control systems. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? Can the company hire a noncitizen with special skills for certain jobs? If so, what procedures must the employer follow in both situations to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

Question 67

Svetlana, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on

A) age.
B) disability.
C) gender.
D) race.

Question 68

Conrad and Delilah are employees of AgriBio Feed & Seed Corporation. Under the Equal Pay Act of 1963, AgriBio can legitimately pay different wages on the basis of

A) seniority.
B) job descriptions.
C) substantial equality of skill, effort, and responsibility.
D) gender.

Question 69

Elsa participates in a Title VII investigation at the firm where she works. As a result, Elsa's employer demotes her. Elsa can file a

A) harassment complaint.
B) retaliation claim.
C) constructive discharge claim.
D) disparate-impact discrimination claim.

Question 70

Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is

A) a constructive discharge.
B) a destructive discharge.
C) an instructive discharge.
D) not a discharge.

Question 71

Paula, a disabled person, applies for a job at Quantity Corporation for which she is well quali?fied, but for which she is rejected. Quantity continues to seek applicants and eventually fills the posi?tion with a person who is not disabled. Paula is most likely to succeed in a suit against Quantity for discrimination under the Americans with Disabilities Act of 1990 if she can show that

A) she was not hired solely because of her disabil?ity.
B) she can function well with corrective devices or on medication.
C) her disability causes her undue hardship.
D) she could not perform the job even with reasonable accommodation.

Question 72

Fact Pattern 18-1 (Questions 31-32 apply)
Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly im?possible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability.
Refer to Fact Pattern 18-1. To successfully defend against Beth's claim, COC will have to show that

A) Beth consistently failed to meet the essential requirements of her job.
B) COC cannot make changes to the doors without undue hardship.
C) Dian is qualified for Beth's position.
D) the doors were not installed as an act of intentional discrimination.