Deck 50: Employment Law

Question 1

In Title VII of the Civil Rights Act of 1964, Congress for the first time outlawed discrimination in employment based on race, sex, or national origin.

Answer 1

True

Question 2

Because unions are a combination of workers for the purpose of making their labor scarce, and so expensive (effectively price fixing), unions are still often recognized today as illegal under antitrust laws.

Answer 2

False

Question 3

There is probably no relationship between the decline of unions and the decline of the US middle class.

Answer 3

False

Question 4

Under the provisions of the Worker Adjustment and Retraining Notification Act, an employer is exempted from having to give notice if the closing of the plant is caused by circumstances that were not reasonably foreseeable at the time the notice would have been required.

Question 5

The decline of union membership is one cause of the increasing income inequality in the U.S.

Question 6

Title VII applies to employers with 15 or more employees whose business affects interstate commerce.

Question 7

If seniority systems are not the result of intentional discrimination, they are lawful.

Question 8

Title VII prohibits religious organizations to give preference in employment to individuals of the same religion.

Question 9

The Equal Pay Act of 1963 covers federal workers.

Question 10

The courts will not enforce contract provisions that violate public policy.

Question 11

The federal polygraph law preempts state laws, so if a state law absolutely bars an employer from using one, the federal law's limited authorization will be available.

Question 12

American labor relations have not be characterized by strife, judicial opposition to unions, and deadly violence, as was history of labor law in Britain.

Question 13

Quid pro quo sexual harassment is said to exist when any part of the job is made conditional on sexual activity.

Question 14

National origin can be a bona fide occupational qualification.

Question 15

Employment discrimination based on sexual orientation is covered by the federal law

Question 16

In the 19^th century U.S. courts protected workers' rights to form unions by refusing to declare strikes "criminal conspiracies."

Question 17

Employers are allowed to fire employees who serve on juries because it becomes difficult for the employers to carry on with their work under such circumstances.

Question 18

At common law, an employee at will could be fired any time, and for any reason, or even for no reason at all.

Question 19

The definition of a disabled person as discussed in Americans with Disabilities Act does not cover people with sexual disorders and pyromania.

Question 20

Under the express terms of title VII, a bona fide occupational qualification of race or color is permissible.

Question 21

It is illegal for unionized federal workers to go on strike.

Question 22

In the 1950s and early '60s, police used tear gas, truncheons, firehoses and vicious dogs to dissuade blacks in the South from exercising their constitutional rights to equal protection.

Question 23

The U.S. Supreme Court was historically not favorably inclined toward labor unions.

Question 24

Belmont applied for a job with Cole Co. but didn't get hired because, Cole said, he was only 28, "too young for this work." Belmont has a good age discrimination case against Cole.

Question 25

In a(n) _____ type of lawsuit, the plaintiff asserts that because of race, sex, religion, or national origin, he or she has been treated less favorably than others within the organization.

A) disparate treatment
B) arson treatment
C) battery treatment
D) mechanical lien
E) tortfeasor

Question 26

An at-will accountant could be fired for refusing to participate in "cooking" the books-in misrepresenting the true financial condition of the firm she works for.

Question 27

In a(n) _____ type of Title VII case, the employee should show the effect of the employer's discriminatory action.

A) disparate impact
B) abatement treatment
C) larceny treatment
D) floating lien
E) escheat impact

Question 28

An at-will employee can be fired for any reason the employer wants.

Question 29

The fundament, major, piece of federal labor union law is Taft-Hartley Act of 1947.

Question 30

Which of the following is an example of quid pro quo?

A) The interviewer feels that Rachael is overqualified to work as an editor.
B) E&T airlines made it mandatory for all its female employees to wear high heels during work hours.
C) Harry is often asked to work overtime because he is a bachelor.
D) Ariana's boss promised her a promotion if she went out on a date with him.
E) Penelope is asked to smile whenever she interacts with her clients.

Question 31

Alice, a black woman, was not hired for a job as a sales clerk in a men's clothing store because, the manager said, "Frankly, you are not really good enough looking for this job." The store had several other black employees, including two women. The refusal to hire Alice is a violation of Title VII.

Question 32

Unions have become so feeble and represent so few workers in the first decades of the 21^st century that labor-union law is pretty much irrelevant.

Question 33

Title VII of the Civil Rights Act of 1964:

A) outlawed discrimination in employment based on race, religion, sex, or national origin.
B) outlawed hot cargo treatments between an employer and a labor union from two different industries.
C) declared the open shop type of agreements unlawful.
D) declared the closed shop type of agreements unlawful.
E) declared the agency shop type of agreements unlawful.

Question 34

Which of the following tests do courts employ while evaluating an employer's bona fide occupational qualifications?

A) Quid pro quo
B) Essence of the business
C) Caveat emptor
D) Ad libitum
E) 80 percent rule

Question 35

Courts today often determine that an at-will employee's firing was a violation of an implied employment contract term.

Question 36

An employee was fired because he complained to the state environmental agency that his employer was allowing polluted water into the storm drainage system, in violation of environmental laws. If he was an at-will employee, his firing was allowable.

Question 37

"Jim Crow" was the nick-name of James Crow, an influential Southern senator who promoted equal employment rights for blacks in the U.S.

Question 38

Title VII established the _____ to investigate violations of the Civil Rights Act of 1964.

A) Labor Conference Board
B) National Mediation Board
C) Employment Tribunal
D) Occupational Safety and Health Review Commission
E) Equal Employment Opportunity Commission

Question 39

What is the meaning of quid pro quo?

A) A matter [already] judged
B) To stand by decisions and not disturb the undisturbed
C) Entities must not be multiplied beyond necessity
D) One thing in return for another
E) The will of a mistaken party is void

Question 40

The employment-at-will doctrine is no longer valid in the U.S.

Question 41

Which of the following is not directly covered by federal law?

A) Employment discrimination based on race
B) Employment discrimination based on color
C) Employment discrimination based on physical disabilities
D) Employment discrimination based on marital status
E) Employment discrimination based on religion

Question 42

What is the formal name of the federal plant-closing act?

A) The Clayton Act
B) The Norris - La Guardia Act
C) The Worker Adjustment and Retraining Notification Act
D) The General Agreement on Tariffs and Trade in Europe Act
E) The Association of Southeast Asian Nations

Question 43

Betty hired workers from the privileged class but without the use of specific contractual terms. This scenario is an example of _____.

A) disparate treatment
B) disparate impact
C) bona fide qualification testing
D) employment-at-will
E) affirmative action

Question 44

The Occupational Safety and Health Act gives the _____ the power to establish national health and safety standards.

A) secretary of internal affairs
B) secretary of state
C) secretary of labor
D) secretary of external affairs
E) secretary of commerce

Question 45

The courts have come to recognize two major types of Title VII cases. What are they?

Question 46

An employer voluntarily makes up for his or her past discrimination by hiring workers from disadvantaged classes. What is the employer's voluntary action known as?

A) Exoneration action
B) Escheat action
C) Affirmative action
D) Escrow action
E) Abatement action

Question 47

Which of the following prohibits employers from using voice stress analyzers on employees?

A) The Worker Adjustment and Retraining Notification Act
B) The North American Free Trade Agreement
C) The Employee Polygraph Protection Act
D) The Age Discrimination in Employment Act
E) The Employee Retirement Income Security Act

Question 48

What is the significance of President Lyndon Johnson's Executive Order 1126?

A) It prohibits private discrimination by federal contractors.
B) It prohibits the formation of hot cargo agreements.
C) It prohibits companies to enter into agency shop agreements.
D) It prohibits companies to enter into yellow-dog contracts.
E) It prohibits companies from offensively locking out their employees.

Question 49

What are some of the exceptions to Title VII?

Question 50

Under the Employee Retirement Income Security Act, employees are entitled to vested interests in retirement benefits within _____ of beginning employment.

A) four years
B) six months
C) twelve months
D) two years
E) five years