Question 1

Affirmative action plans that have an effect on members of majority classes are actionable by the members of the majority class who are affected.

Accepted Answer

A) True 
 B)False  True

Question 2

Aaron has started his own business that has grown rapidly to the point that he now has 11 employees.Which of the following is not true?

Accepted Answer

A)  Title I of the Americans with Disabilities Act is administered by the Equal Employment Opportunity Commission. 
B)  The Americans with Disabilities Act covers providers of public accommodations as well as employers. 
C)  Aaron is not subject to the requirement to provide reasonable accommodations to his employees. 
D)  The difficulty of providing accommodation to an employee is not considered in deciding whether or not the accommodation must be provided. 
A)  Title I of the Americans with Disabilities Act is administered by the Equal Employment Opportunity Commission. 
B)  The Americans with Disabilities Act covers providers of public accommodations as well as employers. 
C)  Aaron is not subject to the requirement to provide reasonable accommodations to his employees. 
D)  The difficulty of providing accommodation to an employee is not considered in deciding whether or not the accommodation must be provided. D

Question 3

ORIOLE Corp.has a large manufacturing facility in Springfield.ORIOLE hires both male and female employees.However,there are four times as many adult women in Springfield as adult men looking for work.Therefore,ORIOLE must pay men more than women to get them to work for ORIOLE.The practice of paying men more than women is:

Accepted Answer

A)  illegal,because of pay discrimination 
B)  legal,because of a seniority system 
C)  legal,because of the different prevailing market wages for men and women 
D)  legal,because the pay is based on a difference in quantity or quality of work 
E)  legal,because the pay is based on "some other factor than sex" 
A)  illegal,because of pay discrimination 
B)  legal,because of a seniority system 
C)  legal,because of the different prevailing market wages for men and women 
D)  legal,because the pay is based on a difference in quantity or quality of work 
E)  legal,because the pay is based on "some other factor than sex" A

Question 4

Under the Civil Rights Act of 1866,there is no cap on the recovery of compensatory or punitive damages.

Accepted Answer

A) True 
 B)False

Question 5

Who is protected under the Age Discrimination in Employment Act?

Accepted Answer

A)  all workers who are age 40 or over 
B)  all workers of any age who are discriminated against for being too old 
C)  all workers who are in a job in which they were 40 years of age or over when hired 
D)  any worker who is replaced with a younger worker 
A)  all workers who are age 40 or over 
B)  all workers of any age who are discriminated against for being too old 
C)  all workers who are in a job in which they were 40 years of age or over when hired 
D)  any worker who is replaced with a younger worker

Question 6

The Americans with Disabilities Act has resulted in a large number of claims filed by persons claiming to be covered under the act for conditions such as a weak back.Who was intended to be protected by the Act? Is the Act being abused? If so,how can this abuse be reduced?

Accepted Answer

Some studies have shown that the Act has

Question 7

Should the overseas operations of United States corporations be subject to the United States laws prohibiting discrimination in employment? If so,to what extent? What practical difficulties are there to applying the laws to overseas operations?

Accepted Answer

Some argue that this would be a form of

Question 8

A bona fide occupational qualification is required to be:

Accepted Answer

A)  job related and cost effective 
B)  job related and nondiscriminatory 
C)  job related and a business necessity 
D)  rationally based and evenly applied 
E)  long-term and permanently applied 
A)  job related and cost effective 
B)  job related and nondiscriminatory 
C)  job related and a business necessity 
D)  rationally based and evenly applied 
E)  long-term and permanently applied

Question 9

The mere posting of a swimsuit calendar in the lunchroom of the ABC Company is not sexual harassment,as it is not specifically aimed at any one individual in the company.

Accepted Answer

A) True 
 B)False

Question 10

The Age Discrimination in Employment Act only protects workers from age 40 to age 70.

Accepted Answer

A) True 
 B)False

Question 11

A male driver for a company is paid $1 per hour less than a female driver.Which of the following is least likely to be a valid reason under the Equal Pay Act?

Accepted Answer

A)  The female driver has worked longer for the company. 
B)  The female driver has a better safety record than the male driver does. 
C)  The female driver drives a larger truck that is harder to drive. 
D)  Females are thought by the owner to be safer drivers on average. 
A)  The female driver has worked longer for the company. 
B)  The female driver has a better safety record than the male driver does. 
C)  The female driver drives a larger truck that is harder to drive. 
D)  Females are thought by the owner to be safer drivers on average.

Question 12

Which of the following individuals does not have a claim under the Americans with Disabilities Act?

Accepted Answer

A)  John,who is unable to walk and must use a wheelchair 
B)  Bill,who has a record of severe asthma (which requires him to limit almost all physical activity),but who has not had an attack for several months 
C)  Sandy,who is addicted to alcohol and has tried all currently accepted techniques but simply cannot stop drinking 
D)  Alice,who has one arm five inches shorter than the other arm. Alice can do anything that persons with arms of equal length can,but most people incorrectly assume that she is limited in her physical abilities 
E)  Aaron,a former cocaine addict who has used no drugs or alcohol for 5 years and appears to have overcome his addiction 
A)  John,who is unable to walk and must use a wheelchair 
B)  Bill,who has a record of severe asthma (which requires him to limit almost all physical activity),but who has not had an attack for several months 
C)  Sandy,who is addicted to alcohol and has tried all currently accepted techniques but simply cannot stop drinking 
D)  Alice,who has one arm five inches shorter than the other arm. Alice can do anything that persons with arms of equal length can,but most people incorrectly assume that she is limited in her physical abilities 
E)  Aaron,a former cocaine addict who has used no drugs or alcohol for 5 years and appears to have overcome his addiction

Question 13

Some policies that apply equally to members of different races can violate the Civil Rights Act of 1964 because of the overall impact on the different races.

Accepted Answer

A) True 
 B)False

Question 14

If a violation of the Equal Pay Act is found,the employer may reduce the wages of the other workers to eliminate the unequal pay.

Accepted Answer

A) True 
 B)False

Question 15

The local police department gives a detective's test.Everyone who takes the test must have been a police officer for at least 5 years.The people taking the exam are rated from top to bottom based on their scores on that test.Then,if any detective openings are available,they are filled on the basis of whoever has the highest score.Which of the following statements best describes this practice?

Accepted Answer

A)  Tests like this are never legal in promotion decisions. 
B)  Tests like this are always legal in promotion decisions. 
C)  Tests like this are legal as long as the subject matter tested has some relationship to the job being applied for. 
D)  Tests like this are legal as long as they are not the sole factor used in determining promotion. 
E)  Tests like this are legal as long as they are the sole factor used in determining promotion. 
A)  Tests like this are never legal in promotion decisions. 
B)  Tests like this are always legal in promotion decisions. 
C)  Tests like this are legal as long as the subject matter tested has some relationship to the job being applied for. 
D)  Tests like this are legal as long as they are not the sole factor used in determining promotion. 
E)  Tests like this are legal as long as they are the sole factor used in determining promotion.

Question 16

Bart is the manager of Great Enterprises.A handicapped individual has applied for a job at Great Enterprises.Bart wants to know his responsibilities under the Americans with Disabilities Act.Which of the following statements is true about those responsibilities?

Accepted Answer

A)  A user of illegal drugs is covered under the Act. 
B)  Bart can require a medical examination before offering employment to this person. 
C)  If a deaf applicant can perform the job functions only if she is provided with a sign language interpreter,she is protected under the Act. 
D)  Under the Act,undue burden is defined without considering cost. 
A)  A user of illegal drugs is covered under the Act. 
B)  Bart can require a medical examination before offering employment to this person. 
C)  If a deaf applicant can perform the job functions only if she is provided with a sign language interpreter,she is protected under the Act. 
D)  Under the Act,undue burden is defined without considering cost.

Question 17

Which of the following is true?

Accepted Answer

A)  Pay differences due to seniority differences and differences in amounts earned under a commission pay plan are not acceptable if they result in different pay for male and female employees. 
B)  The Age Discrimination in Employment Act protects all workers against being discriminated against because they are thought to be too old. 
C)  Under the Americans with Disabilities Act,an employer is required to provide reasonable accommodations to enable a disabled person to perform a job. 
D)  Protected classes under Title VII of the Civil Rights Act of 1964 include race,national origin,and sexual preference. 
A)  Pay differences due to seniority differences and differences in amounts earned under a commission pay plan are not acceptable if they result in different pay for male and female employees. 
B)  The Age Discrimination in Employment Act protects all workers against being discriminated against because they are thought to be too old. 
C)  Under the Americans with Disabilities Act,an employer is required to provide reasonable accommodations to enable a disabled person to perform a job. 
D)  Protected classes under Title VII of the Civil Rights Act of 1964 include race,national origin,and sexual preference.

Question 18

Which of the following situations would be a bona fide occupational qualification?

Accepted Answer

A)  hiring only Hispanic waiters at a restaurant that markets to a Hispanic clientele 
B)  hiring only men to be attendants in the locker room of a men's health club 
C)  hiring only Catholics to be waitresses in a restaurant that caters to a largely Catholic population 
D)  both A and B 
E)  both B and C 
A)  hiring only Hispanic waiters at a restaurant that markets to a Hispanic clientele 
B)  hiring only men to be attendants in the locker room of a men's health club 
C)  hiring only Catholics to be waitresses in a restaurant that caters to a largely Catholic population 
D)  both A and B 
E)  both B and C

Question 19

Same-sex discrimination does not violate Title VII.

Accepted Answer

A) True 
 B)False

Question 20

The EEOC must receive a filed complaint by a private complainant and then choose whether or not to bring suit against the employer on the complainant's behalf.

Accepted Answer

A) True 
 B)False

Exam 33: Equal Opportunity in Employment

Affirmative action plans that have an effect on members of majority classes are actionable by the members of the majority class who are affected.

Aaron has started his own business that has grown rapidly to the point that he now has 11 employees.Which of the following is not true?

Under the Civil Rights Act of 1866,there is no cap on the recovery of compensatory or punitive damages.

Who is protected under the Age Discrimination in Employment Act?

The Americans with Disabilities Act has resulted in a large number of claims filed by persons claiming to be covered under the act for conditions such as a weak back.Who was intended to be protected by the Act? Is the Act being abused? If so,how can this abuse be reduced?

Should the overseas operations of United States corporations be subject to the United States laws prohibiting discrimination in employment? If so,to what extent? What practical difficulties are there to applying the laws to overseas operations?

A bona fide occupational qualification is required to be:

The mere posting of a swimsuit calendar in the lunchroom of the ABC Company is not sexual harassment,as it is not specifically aimed at any one individual in the company.

The Age Discrimination in Employment Act only protects workers from age 40 to age 70.

A male driver for a company is paid $1 per hour less than a female driver.Which of the following is least likely to be a valid reason under the Equal Pay Act?

Which of the following individuals does not have a claim under the Americans with Disabilities Act?

Some policies that apply equally to members of different races can violate the Civil Rights Act of 1964 because of the overall impact on the different races.

If a violation of the Equal Pay Act is found,the employer may reduce the wages of the other workers to eliminate the unequal pay.

Bart is the manager of Great Enterprises.A handicapped individual has applied for a job at Great Enterprises.Bart wants to know his responsibilities under the Americans with Disabilities Act.Which of the following statements is true about those responsibilities?

Which of the following is true?

Which of the following situations would be a bona fide occupational qualification?

Same-sex discrimination does not violate Title VII.

The EEOC must receive a filed complaint by a private complainant and then choose whether or not to bring suit against the employer on the complainant's behalf.

Legal Heritage and the Information Age

Court Systems and Jurisdiction

Judicial, Alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Strict Liability and Product Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Internet Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Small Businesses, Entrepreneurs, and General Partnerships

Limited Partnerships and Limited Liability Limited Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection and Global Warming

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

Real Property

Landlord Tenant Law and Land Use Regulation

Insurance

Accountants' Liability

Wills, Trusts, and Elder Law

Family Law

International and World Trade Law

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