Question 1

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 2

The Family and Medical Leave Act:

Accepted Answer

A)  applies to private employers with 5 or more employees. 
B)  applies only to non-governmental employers. 
C)  allows up to twelve weeks per year of leave for childbirth, adoption, or serious health conditions of a spouse, child, or parent. 
D)  states that the leave must be paid leave. 
A)  applies to private employers with 5 or more employees. 
B)  applies only to non-governmental employers. 
C)  allows up to twelve weeks per year of leave for childbirth, adoption, or serious health conditions of a spouse, child, or parent. 
D)  states that the leave must be paid leave.

Question 3

Title VII applies only to employers with 15 or more employees.

Accepted Answer

A) True 
 B)False

Question 4

The Federal Employee Polygraph Protection Act:

Accepted Answer

A)  prohibits private employers (with some exceptions) from using lie detector tests, test results, or the refusal to be tested as grounds for adverse employment decisions. 
B)  only prohibits the federal government's use of polygraphs for making employment decisions. 
C)  allows polygraphs of employees only to determine illegal drug use by them. 
D)  completely prohibits all use of polygraphs by employers. 
A)  prohibits private employers (with some exceptions) from using lie detector tests, test results, or the refusal to be tested as grounds for adverse employment decisions. 
B)  only prohibits the federal government's use of polygraphs for making employment decisions. 
C)  allows polygraphs of employees only to determine illegal drug use by them. 
D)  completely prohibits all use of polygraphs by employers.

Question 5

The Pregnancy Discrimination Act of 1978 extended the benefits of Title VII to pregnant women.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

The Labor-Management Relations Act:

Accepted Answer

A)  hampers employer free speech, although it encourages employee free speech. 
B)  is also known as the Taft-Hartley Act. 
C)  prohibits union shops. 
D)  specifies certain employer activities as unfair labor practices. 
A)  hampers employer free speech, although it encourages employee free speech. 
B)  is also known as the Taft-Hartley Act. 
C)  prohibits union shops. 
D)  specifies certain employer activities as unfair labor practices.

Question 8

The Worker Adjustment and Retraining Notification Act requires an employer to provide how much advance notice of a plant closing or mass layoff?

Accepted Answer

A)  Two weeks 
B)  Thirty days 
C)  Sixty days 
D)  Ninety days 
A)  Two weeks 
B)  Thirty days 
C)  Sixty days 
D)  Ninety days

Question 9

The Equal Employment Opportunity Commission (EEOC) is empowered to:

Accepted Answer

A)  only file legal actions in its own name. 
B)  try to resolve alleged violations through informal means, but not bring suit in federal or state courts. 
C)  investigate all charges of discrimination. 
D)  issue binding orders on employers who unfairly discriminate. 
A)  only file legal actions in its own name. 
B)  try to resolve alleged violations through informal means, but not bring suit in federal or state courts. 
C)  investigate all charges of discrimination. 
D)  issue binding orders on employers who unfairly discriminate.

Question 10

At common law, an employee at will can be dismissed either with or without cause at any time unless the employee has a special circumstance, such as being represented by a labor union.

Accepted Answer

A) True 
 B)False

Question 11

Under the Americans with Disabilities Act,

Accepted Answer

A)  only governmental employees are protected. 
B)  punitive and compensatory damages are not recoverable. 
C)  employers with fewer than 15 employees did not have to comply until mid-1994. 
D)  punitive damages for intentional discrimination are subject to a ceiling depending on company size. 
A)  only governmental employees are protected. 
B)  punitive and compensatory damages are not recoverable. 
C)  employers with fewer than 15 employees did not have to comply until mid-1994. 
D)  punitive damages for intentional discrimination are subject to a ceiling depending on company size.

Question 12

A major defense to the Age Discrimination in Employment Act is compliance with a bona fide seniority system.

Accepted Answer

A) True 
 B)False

Question 13

The Americans with Disabilities Act applies to all employers with ten or more employees.

Accepted Answer

A) True 
 B)False

Question 14

Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory, and the defendant has articulated a legitimate and non-discriminatory reason for the discrimination, a plaintiff may still win.

Accepted Answer

A) True 
 B)False

Question 15

In a "closed shop," an employee:

Accepted Answer

A)  cannot be hired if he is a union member. 
B)  cannot agitate for union representation. 
C)  must be a union member before being hired. 
D)  need not be a union member to work but must pay the union an amount equal to normal dues. 
A)  cannot be hired if he is a union member. 
B)  cannot agitate for union representation. 
C)  must be a union member before being hired. 
D)  need not be a union member to work but must pay the union an amount equal to normal dues.

Question 16

The Rehabilitation Act prohibits discrimination on the basis of handicap in federal programs but does not require federal contractors and agencies to take affirmative action to hire qualified handicapped persons.

Accepted Answer

A) True 
 B)False

Question 17

Elmer has been a faithful worker at the Middle America Manufacturing Company for over 30 years. One day when he comes to work, he gets called into the supervisor's office and is told that the company has decided to lay off all of its current employees and move the plant to India.
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

a.   Elmer has no protection under the c

Question 18

The Norris-La Guardia Act gave federal courts the power to issue injunctions in nonviolent labor disputes.

Accepted Answer

A) True 
 B)False

Question 19

The is responsible for enforcing federal anti-discrimination laws.

Accepted Answer

A)  OSHA 
B)  Social Security Administration 
C)  EEOC 
D)  NLRB 
A)  OSHA 
B)  Social Security Administration 
C)  EEOC 
D)  NLRB

Question 20

The Civil Rights Act of 1991 provides that all victims of intentional discrimination, except victims of disparate impact, can recover compensatory and punitive damages.

Accepted Answer

A) True 
 B)False

Exam 42: Employment Law

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

The Family and Medical Leave Act:

Title VII applies only to employers with 15 or more employees.

The Federal Employee Polygraph Protection Act:

The Pregnancy Discrimination Act of 1978 extended the benefits of Title VII to pregnant women.

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

The Labor-Management Relations Act:

The Worker Adjustment and Retraining Notification Act requires an employer to provide how much advance notice of a plant closing or mass layoff?

The Equal Employment Opportunity Commission (EEOC) is empowered to:

At common law, an employee at will can be dismissed either with or without cause at any time unless the employee has a special circumstance, such as being represented by a labor union.

Under the Americans with Disabilities Act,

A major defense to the Age Discrimination in Employment Act is compliance with a bona fide seniority system.

The Americans with Disabilities Act applies to all employers with ten or more employees.

Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory, and the defendant has articulated a legitimate and non-discriminatory reason for the discrimination, a plaintiff may still win.

In a "closed shop," an employee:

The Rehabilitation Act prohibits discrimination on the basis of handicap in federal programs but does not require federal contractors and agencies to take affirmative action to hire qualified handicapped persons.

The Norris-La Guardia Act gave federal courts the power to issue injunctions in nonviolent labor disputes.

The is responsible for enforcing federal anti-discrimination laws.

The Civil Rights Act of 1991 provides that all victims of intentional discrimination, except victims of disparate impact, can recover compensatory and punitive damages.

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

the Legal Environment of Business

Contracts

Agency

Sales

Negotiable Instruments

Unincorporated Business Associations

Corporations

Debtor and Creditor Relations

Regulation of Business

Property

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