Question 1

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

Accepted Answer

A)   she is within a protected class.
B)   she was qualified for and applied for an open position and was denied the job.
C)   after rejecting the complainant, the employer continued to try to fill the position from applicants with the complainant's qualifications.
D)   A combination of all of these.E) All of the above
F) B) and C) D

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

Under federal law, employers may use a lie detector test if it is part of an ongoing investigation of economic loss to its business.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A)   Compensatory and punitive damages.
B)   Reinstatement with back pay.
C)   Injunctive relief.
D)   All of these.E) None of the above
F) A) and D)

Question 5

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

Accepted Answer

A)   A short man was denied employment as a busboy.
B)   A woman engineer was denied a job for which she was qualified.
C)   A two-man partnership with two employees refused to hire a qualified black attorney.
D)   All of these would be scrutinized.E) B) and C)
F) All of the above

Question 6

The EEOC has issued a statement that affirmative action is lawful only when it is designed to respond to a serious imbalance in the workforce; if it does, the affirmative action must consider the rights of non-minorities or men and need not have a time limit.

Accepted Answer

A) True 
 B)False

Question 7

Under the Americans with Disabilities Act (ADA), 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.

Accepted Answer

A) True 
 B)False  False

Question 8

Regarding drug and alcohol testing of employees by employers:

Accepted Answer

A)   the NLRB makes it a mandatory subject of collective bargaining in a union setting.
B)   the constitutional protection from unwarranted search and seizure protects private sector employees from the practice.
C)   federal legislation sets forth comprehensive guidelines for the practice.
D)   the Constitution prohibits any public sector employer from testing its employees under any circumstances without a warrant.E) A) and C)
F) C) and D)

Question 9

The EEOC has interpreted Title VII's prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation.

Accepted Answer

A) True 
 B)False

Question 10

The tort of invasion of privacy actually consists of:

Accepted Answer

A)   unreasonable publicity that places another in a false light.
B)   unreasonable intrusion into the seclusion of another.
C)   unreasonable public disclosure of private facts.
D)   All of these.E) C) and D)
F) B) and C)

Question 11

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

Accepted Answer

A)   the employee's injury happened before he came to work.
B)   a co-worker caused the injury.
C)   the employee assumed the risk.
D)   the employee was contributorily negligent.E) C) and D)
F) A) and C)

Question 12

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.

Accepted Answer

A) True 
 B)False

Question 13

The Family and Medical Leave Act:

Accepted Answer

A)   does not apply to governmental employers.
B)   allows, during a twelve-month period, up to sixteen weeks of leave for childbirth, adoption, or serious health conditions of a spouse, child, or parent.
C)   requires that the employer pay at least 50 percent of the employee's wages and benefits during the leave period..
D)   applies to private employers with 50 or more employees.E) A) and B)
F) All of the above

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

A)   Social Security Administration
B)   EEOC
C)   OSHA
D)   NLRBE) A) and D)
F) B) and C)

Question 16

Challenges to affirmative action plans adopted by private or government employers are tested under the Equal Protection Clause of the Constitution.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A)   A bona fide occupational qualification.
B)   A bona fide seniority system.
C)   Any reasonable action.
D)   All of these.E) A) and B)
F) All of the above

Question 19

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

Traditionally, labor law opposed concert...

Question 20

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

Accepted Answer

A) True 
 B)False  False

Exam 41: Employment Law

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

Correct AnswerverifiedD

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

Correct AnswerverifiedShow Answer

Under federal law, employers may use a lie detector test if it is part of an ongoing investigation of economic loss to its business.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The EEOC has issued a statement that affirmative action is lawful only when it is designed to respond to a serious imbalance in the workforce; if it does, the affirmative action must consider the rights of non-minorities or men and need not have a time limit.

Correct AnswerverifiedShow Answer

Under the Americans with Disabilities Act (ADA), 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.

Correct AnswerverifiedFalse

Regarding drug and alcohol testing of employees by employers:

Correct AnswerverifiedShow Answer

The EEOC has interpreted Title VII's prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation.

Correct AnswerverifiedShow Answer

The tort of invasion of privacy actually consists of:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

The Family and Medical Leave Act:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Challenges to affirmative action plans adopted by private or government employers are tested under the Equal Protection Clause of the Constitution.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedTraditionally, labor law opposed concert...View AnswerShow Answer

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

Correct AnswerverifiedFalse

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Traditionally, labor law opposed concert...
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