Question 1

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)  the Constitution prohibits any public sector employer from testing its employees under any circumstances without a warrant. 
D)  federal legislation sets forth comprehensive guidelines for the practice. 
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)  the Constitution prohibits any public sector employer from testing its employees under any circumstances without a warrant. 
D)  federal legislation sets forth comprehensive guidelines for the practice.

Question 2

The EEOC allows discrimination in employment because of differences in bona fide occupational qualifications.

Accepted Answer

A) True 
 B)False

Question 3

Employers are required to treat pregnancy like any other temporary disability.

Accepted Answer

A) True 
 B)False

Question 4

The Constitution has recently been held to prevent all employers from subjecting employees to drug testing without first obtaining a search warrant.

Accepted Answer

A) True 
 B)False

Question 5

In a disparate impact case, the Civil Rights Act of 1991 now provides that even if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff can still win if the employer's interest could be met in a non-discriminatory manner.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is prohibited under federal labor laws?

Accepted Answer

A)  Union shops 
B)  Open shops 
C)  Yellow dog contracts 
D)  Collective bargaining contracts 
A)  Union shops 
B)  Open shops 
C)  Yellow dog contracts 
D)  Collective bargaining contracts

Question 7

The Fair Labor Standards Act regulates employment of child labor inside agricultural settings.

Accepted Answer

A) True 
 B)False

Question 8

Unemployment insurance is funded by employer taxes; federal taxes generally pay administrative costs and state contributions pay for the actual benefits.

Accepted Answer

A) True 
 B)False

Question 9

Under the Federal Unemployment Tax Act, unemployment benefits are paid to workers who have lost their jobs, usually through no fault of their own.

Accepted Answer

A) True 
 B)False

Question 10

A union's "secondary activity" is a:

Accepted Answer

A)  boycott or strike of an employer with whom a union has no labor dispute to persuade the employer to cease doing business with the company that is the target of the labor dispute. 
B)  union's picketing, in addition to a strike, of a company that is the target of the labor dispute. 
C)  recognized union's request for an injuction against an employer who refuses to bargain in good faith. 
D)  refusal to represent one of its members in a grievance against the employer because the member did not engage in a strike called by the union the previous year. 
A)  boycott or strike of an employer with whom a union has no labor dispute to persuade the employer to cease doing business with the company that is the target of the labor dispute. 
B)  union's picketing, in addition to a strike, of a company that is the target of the labor dispute. 
C)  recognized union's request for an injuction against an employer who refuses to bargain in good faith. 
D)  refusal to represent one of its members in a grievance against the employer because the member did not engage in a strike called by the union the previous year.

Question 11

Workers' Compensation Acts have been adopted by all states in an effort to provide speedier and more certain relief to injured workers than was available through litigation.

Accepted Answer

A) True 
 B)False

Question 12

The Equal Pay Act requires that employees of American Indian ancestry and employees of Italian ancestry be paid equally for equal work.

Accepted Answer

A) True 
 B)False

Question 13

All of the following are true concerning the Occupational Safety and Health Act EXCEPT:

Accepted Answer

A)  penalties for violations are civil only. 
B)  OSHA develops standards, conducts inspections, monitors compliance with standards, and institutes enforcement actions against those not in compliance. 
C)  a stated purpose of the Act is to encourage state participation in regulating safety and health. 
D)  the Act prohibits an employer from discharging an employee who exercises rights under the Act. 
A)  penalties for violations are civil only. 
B)  OSHA develops standards, conducts inspections, monitors compliance with standards, and institutes enforcement actions against those not in compliance. 
C)  a stated purpose of the Act is to encourage state participation in regulating safety and health. 
D)  the Act prohibits an employer from discharging an employee who exercises rights under the Act.

Question 14

Which of the following is not a remedy for violation of the American's with Disabilities Act (ADA)?

Accepted Answer

A)  Injunctive relief 
B)  Reinstatement 
C)  Triple back pay 
D)  Compensatory and punitive damages 
A)  Injunctive relief 
B)  Reinstatement 
C)  Triple back pay 
D)  Compensatory and punitive damages

Question 15

Under the Americans with Disabilities Act (ADA), an employer may not use qualification standards, tests, or selection criteria that screen out disabled workers.

Accepted Answer

A) True 
 B)False

Question 16

IBM has two manufacturing facilities-one in New York City and one in Evergreen, 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-$12.00 per hour Ellen-$19.50 per hour Hank-$14.00 per hour
Is there a violation of the Equal Pay Act?

Accepted Answer

A)  Yes, because Ellen's pay is higher than Marjorie's. 
B)  Yes, because Ellen and Hank's pay is higher than Marjorie's. 
C)  Yes, because Hank's pay is higher than Marjorie's. 
D)  No, since they are different people with different personalities. 
A)  Yes, because Ellen's pay is higher than Marjorie's. 
B)  Yes, because Ellen and Hank's pay is higher than Marjorie's. 
C)  Yes, because Hank's pay is higher than Marjorie's. 
D)  No, since they are different people with different personalities.

Question 17

Social Security now has four major benefit programs: OASI, DI, Medicare, and SSI.

Accepted Answer

A) True 
 B)False

Question 18

Privacy protection for employees is limited to remedies available in tort law.

Accepted Answer

A) True 
 B)False

Question 19

Claims of unequal pay for jobs of comparable worth may be brought under:

Accepted Answer

A)  Title VII. 
B)  The Equal Pay Act. 
C)  OSHA. 
D)  The Civil Rights Act. 
A)  Title VII. 
B)  The Equal Pay Act. 
C)  OSHA. 
D)  The Civil Rights Act.

Question 20

Employee privacy:

Accepted Answer

A)  is not protected by the common law "invasion of privacy" torts. 
B)  does not relate to drug and alcohol testing. 
C)  relates to polygraph testing. 
D)  is automatically waived by an employment contract. 
A)  is not protected by the common law "invasion of privacy" torts. 
B)  does not relate to drug and alcohol testing. 
C)  relates to polygraph testing. 
D)  is automatically waived by an employment contract.

Exam 42: Employment Law

Regarding drug and alcohol testing of employees by employers:

The EEOC allows discrimination in employment because of differences in bona fide occupational qualifications.

Employers are required to treat pregnancy like any other temporary disability.

The Constitution has recently been held to prevent all employers from subjecting employees to drug testing without first obtaining a search warrant.

In a disparate impact case, the Civil Rights Act of 1991 now provides that even if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff can still win if the employer's interest could be met in a non-discriminatory manner.

Which of the following is prohibited under federal labor laws?

The Fair Labor Standards Act regulates employment of child labor inside agricultural settings.

Unemployment insurance is funded by employer taxes; federal taxes generally pay administrative costs and state contributions pay for the actual benefits.

Under the Federal Unemployment Tax Act, unemployment benefits are paid to workers who have lost their jobs, usually through no fault of their own.

A union's "secondary activity" is a:

Workers' Compensation Acts have been adopted by all states in an effort to provide speedier and more certain relief to injured workers than was available through litigation.

The Equal Pay Act requires that employees of American Indian ancestry and employees of Italian ancestry be paid equally for equal work.

All of the following are true concerning the Occupational Safety and Health Act EXCEPT:

Which of the following is not a remedy for violation of the American's with Disabilities Act (ADA)?

Under the Americans with Disabilities Act (ADA), an employer may not use qualification standards, tests, or selection criteria that screen out disabled workers.

Social Security now has four major benefit programs: OASI, DI, Medicare, and SSI.

Privacy protection for employees is limited to remedies available in tort law.

Claims of unequal pay for jobs of comparable worth may be brought under:

Employee privacy:

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

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Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

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