Question 1

Which of the following is NOT true about social security?

Accepted Answer

The purpose of social security is to provide financial support to individuals who have reached retirement age or are disabled, but it does not guarantee full retirement benefits to almost all employees. The amount of benefits received depends on the individual's earnings history and other factors.

Question 2

The Landrum-Griffin Act would protect against:

Accepted Answer

The Landrum-Griffin Act, also known as the Labor-Management Reporting and Disclosure Act (LMRDA), includes provisions designed to protect union members' rights to participate in union activities and freely express their opinions. Specifically, the act prohibits union officers from restraining or coercing members in the exercise of their rights to vote, speak, assemble, or participate in union meetings. Therefore, option A, which refers to a union officer keeping a member from giving their opinion at a union meeting, is the only choice that aligns with the protections offered by the Landrum-Griffin Act.

Question 3

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

Accepted Answer

The plan will be subject to strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment because it involves race-based classifications. Additionally, it will be examined to see if the classification is justified by a compelling governmental interest and uses the least intrusive means available, which is part of the strict scrutiny standard. Therefore, both options (a) and (c) are correct.

Question 4

Which of the following would violate the Taft-Hartley Act?

Accepted Answer

The answer of Which of the following would violate the...

Question 5

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:

Accepted Answer

Shopville Industries must have a written affirmative action plan if it has federal contracts exceeding $50,000, as required by Executive Order 11246 for nonconstruction employers.

Question 6

The Fair Labor Standards Act would concern which of the following?

Accepted Answer

The answer of The Fair Labor Standards Act would concern...

Question 7

Title VII of the Civil Rights Act of 1964:

Accepted Answer

Title VII applies to employers engaged in an industry affecting commerce and having 15 or more employees.

Question 8

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?

Accepted Answer

This is a violation of Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination on the basis of sex. Although ABC Company may believe that its customers relate better to women, it cannot use sex as a requirement for hiring unless it can prove that sex is a bona fide occupational qualification (BFOQ) for the job. In this case, selling nursery products does not appear to be a job where sex is a BFOQ.

Question 9

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

Accepted Answer

Sexual harassment can include all of the behaviors listed in options A, B, and C. It is important to note that even if there is no request for sexual favors or job promotion involved, unwanted sexual advances or conduct can still be considered sexual harassment. Additionally, the conduct must be unwelcome and reasonably interferes with the subject's work performance in order for it to be considered harassment.

Question 10

The Civil Rights Act of 1964 would scrutinize which of the following situations?

Accepted Answer

The answer of The Civil Rights Act of 1964 would...

Question 11

A defense available to the employer in an action for workers' compensation is that:

Accepted Answer

The correct defense is that the employee's injury happened before he came to work. Workers' compensation is designed to cover injuries that occur in the course and scope of employment. Injuries that happen before the employee comes to work are not covered under this system.

Question 12

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?

Accepted Answer

Fixit is liable to Wesley under a workers' compensation statute despite the fact that Wesley may have been contributorily negligent. Workers' compensation is a no-fault system, meaning that an employee is entitled to compensation for work-related injuries regardless of whether they were at fault or not. Therefore, Wesley's negligence does not bar him from receiving workers' compensation benefits.

Question 13

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?

Accepted Answer

The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. Since Marjorie and Hank are doing the same job but Hank is paid more, it violates the Equal Pay Act. Ellen's situation is different because she works at a different location, which can justify a different pay scale.

Question 14

Under the Pregnancy Discrimination Act:

Accepted Answer

The Pregnancy Discrimination Act prohibits employers from discriminating against women on the basis of pregnancy, childbirth, or related medical conditions. This includes not refusing to hire a pregnant woman, firing her, or forcing her to take maternity leave solely because of her pregnancy. While family leave must be given to mothers of newborns, it is not required to be given to fathers. The BFOQ (Bona Fide Occupational Qualification) defense is still available in certain situations where pregnancy affects the ability to perform a job.

Question 15

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:

Accepted Answer

The answer of The Recreation and Parks Agency of the...

Question 16

Which of the following would be illegal under the NLRA?

Accepted Answer

The answer of Which of the following would be illegal...

Question 17

Which of the following is correct about employment relationships?

Accepted Answer

State statutes do protect workers from discriminatory discharge for filing workers' compensation claims. This is to ensure that employees are not retaliated against for exercising their right to file a workers' compensation claim.

Answer: D
 The U.S. Supreme Court did recently reaffirm the basic "at will" rule in the case of Epic Systems Corp. v. Lewis. This means that absent a contract stating otherwise, an employer can terminate an employee for any reason or no reason at all, as long as it is not an illegal reason such as discrimination.

Question 18

Which of the following is NOT covered by the Fair Labor Standards Act?

Accepted Answer

The Fair Labor Standards Act covers minimum wages, hours of employment, and child labor, but it does not cover defined benefit plans.

Question 19

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:

Accepted Answer

The answer of Jonathan and his wife, Claudia, are planning...

Question 20

Which of the following defenses does not apply to discrimination based on race?

Accepted Answer

The answer of Which of the following defenses does not...

Quiz 42: Employment Law