Question 1

The Civil Rights Act of 1964 provides which of the following defenses?

Accepted Answer

The Civil Rights Act of 1964 provides all of these defenses: a bona fide seniority or merit system, a professionally developed ability test, and a bona fide occupational qualification (BFOQ).

Question 2

The tort of invasion of privacy actually consists of:

Accepted Answer

The tort of invasion of privacy includes all three options listed in the question: unreasonable intrusion into the seclusion of another; unreasonable public disclosure of private facts; and unreasonable publicity that places another in a false light. Therefore, the best choice is D, all of these.

Question 3

Elmer is 55 years old and was recently laid off from his job at the Mid-America Corporation. He has applied for 30 different jobs, but has been told that the companies prefer younger workers. Does Elmer have any recourse under federal law?

Accepted Answer

The answer of Elmer is 55 years old and was...

Question 4

What is the difference between a "closed shop" and a "union shop"?

Accepted Answer

The answer of What is the difference between a "closed...

Question 5

The Federal Employee Polygraph Protection Act:

Accepted Answer

The Federal Employee Polygraph Protection Act primarily restricts private employers from using polygraph tests for employment-related decisions, though it does allow for certain exceptions. It does not completely prohibit all use of polygraphs by employers, nor does it solely focus on the federal government or limit the use of polygraphs to detecting illegal drug use.

Question 6

Under the Age Discrimination in Employment Act (ADEA), which of these defenses are available?

Accepted Answer

All of these defenses are available under the ADEA. A bona fide occupational qualification is a characteristic that is necessary for someone to perform the job, and it can be used as a defense for age discrimination. A bona fide seniority system, which rewards employees based on their length of service, may also be used as a defense. Additionally, any reasonable action taken by an employer that is based on factors other than an employee's age can be considered a defense.

Question 7

Regarding drug and alcohol testing of employees by employers:

Accepted Answer

The answer of Regarding drug and alcohol testing of employees...

Question 8

The Family and Medical Leave Act:

Accepted Answer

The Family and Medical Leave Act applies to private employers with 50 or more employees.

Answer: B 
 This statement is incorrect as the Family and Medical Leave Act applies to governmental employers as well.

Answer: C 
 The Family and Medical Leave Act allows up to twelve weeks of leave for childbirth, adoption, or serious health conditions of a spouse, child, or parent.

Answer: D 
 This statement is incorrect as the Family and Medical Leave Act does not require the employer to pay the employee's wages and benefits during the leave period. The act requires that the employee should be allowed to retain the group health insurance coverage on the same terms and conditions as if they had not taken leave.

Question 9

Elmer has been a faithful worker at the Mid-America Manufacturing Company for over thirty years. One day when he comes to work, he gets called into the foreman's office and is told that the company has decided to lay off all of its 250 current employees and move the plant out of the country. 
a. Does Elmer have any protections under the common law doctrine of employment at will? Explain. 
b. Does Elmer have any protections under employment discrimination law? Explain.

Accepted Answer

The answer of Elmer has been a faithful worker at...

Question 10

Identify the three types of discriminatory conduct, including disparate treatment, prohibited by Title VII of the Civil Rights Act of 1964.

Accepted Answer

The answer of Identify the three types of discriminatory conduct,...

Question 11

What are the remedies available for violations of the Civil Rights Act of 1964?

Accepted Answer

The answer of What are the remedies available for violations...

Question 12

Briefly trace the history of labor law in the United States. In your discussion, identify four major federal labor laws and their purposes.

Accepted Answer

The answer of Briefly trace the history of labor law...

Question 13

a. Discuss the rights of an injured employee against her employer under common law. 
b. How have workers' compensation acts changed this? Explain your answer.

Accepted Answer

The answer of a. Discuss the rights of an injured...

Question 14

Employee privacy:

Accepted Answer

All of these statements are true regarding employee privacy. Common law "invasion of privacy" torts protect aspects of employee privacy. Both drug and alcohol testing and polygraph testing are areas where employee privacy concerns are directly relevant, and regulations exist to balance the interests of employers with the privacy rights of employees.

Question 15

Which of the following are remedies for violation of the Americans with Disabilities Act (ADA)?

Accepted Answer

All of the options mentioned (injunctive relief, reinstatement with back pay, compensatory and punitive damages) are possible remedies for violation of the Americans with Disabilities Act (ADA).

Question 16

a. What is the difference between equal pay for equal work and equal pay for comparable worth? 
b. How is it possible to establish a claim for equal pay for comparable worth if the jobs are different jobs? 
c. Is equal pay for comparable worth covered by the federal employment discrimination laws? Explain.

Accepted Answer

The answer of a. What is the difference between equal...

Question 17

Remedies for the Equal Pay Act would include:

Accepted Answer

The answer of Remedies for the Equal Pay Act would...

Quiz 41: Employment Law