Question 1

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 2

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 3

In a disparate impact case, the Civil Rights Act of 1991 now provides that if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff cannot win.

Accepted Answer

A) True 
 B)False

Question 4

The tort of invasion of privacy actually consists of:

Accepted Answer

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

Question 5

What are the remedies available for violations of the Civil Rights Act of 1964?

Accepted Answer

Enjoining the employer from engaging in

Question 6

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 7

Under the Pregnancy Discrimination Act:

Accepted Answer

A)  family leave must be given to pregnant women and mothers of newborns. 
B)  employers may not refuse to hire a pregnant woman, fire her, or force her to take maternity leave. 
C)  employers must give family leave to fathers of newborns as well as to mothers. 
D)  the BFOQ defense is not available. 
A)  family leave must be given to pregnant women and mothers of newborns. 
B)  employers may not refuse to hire a pregnant woman, fire her, or force her to take maternity leave. 
C)  employers must give family leave to fathers of newborns as well as to mothers. 
D)  the BFOQ defense is not available.

Question 8

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 9

Reverse discrimination refers to achieving affirmative action by remedying the underrepresentation of a given race or sex in a traditionally segregated job by considering race and gender when hiring or promoting individuals.

Accepted Answer

A) True 
 B)False

Question 10

Elmer has been a faithful worker at the Mid-America Manufacturing Company for over thirty years. One day when he comes to work, he gets called into the foreman's office and is told that the company has decided to lay off all of its 250 current employees and move the plant out of the country. 
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 com

Question 11

Under the Equal Pay Act:

Accepted Answer

A)  an employer cannot discriminate against a minority worker by paying him less than a non-minority worker. 
B)  a man could be paid more than a woman for the same kind of work if he produced more on a piece-rate basis. 
C)  an employer cannot discriminate in pay for substantially equal work on the basis of religion, sex, or national origin. 
D)  All of these are correct. 
A)  an employer cannot discriminate against a minority worker by paying him less than a non-minority worker. 
B)  a man could be paid more than a woman for the same kind of work if he produced more on a piece-rate basis. 
C)  an employer cannot discriminate in pay for substantially equal work on the basis of religion, sex, or national origin. 
D)  All of these are correct.

Question 12

A "closed shop" is:

Accepted Answer

A)  the same as a "runaway" shop. 
B)  one in which a union once existed but has since been voted out. 
C)  one in which a union is barred. 
D)  outlawed by the Taft-Hartley Act. 
A)  the same as a "runaway" shop. 
B)  one in which a union once existed but has since been voted out. 
C)  one in which a union is barred. 
D)  outlawed by the Taft-Hartley Act.

Question 13

The Equal Pay Act has been interpreted by the courts to require equal pay for men and women based upon the concept of "substantially equal" rather than identical work.

Accepted Answer

A) True 
 B)False

Question 14

Elmer is 55 years old and was recently laid off from his job at the Mid-America Corporation. He has applied for 30 different jobs, but has been told that the companies prefer younger workers. Does Elmer have any recourse under federal law?

Accepted Answer

The Age Discrimination in Employment Act

Question 15

The Americans with Disabilities Act requires businesses to make special accommodations for handicapped workers and customers unless the cost is unduly burdensome.

Accepted Answer

A) True 
 B)False

Question 16

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 17

The Landrum-Griffin Act would protect against:

Accepted Answer

A)  a union officer's keeping a member from giving his opinion at a union meeting. 
B)  an employer's forbidding union workers from meeting. 
C)  an NLRB representative's influencing elections. 
D)  an employer's requiring all its employees to be union members. 
A)  a union officer's keeping a member from giving his opinion at a union meeting. 
B)  an employer's forbidding union workers from meeting. 
C)  an NLRB representative's influencing elections. 
D)  an employer's requiring all its employees to be union members.

Question 18

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 19

The Civil Rights Act of 1964 provides which of the following defenses?

Accepted Answer

A)  A bona fide seniority or merit system. 
B)  A professionally developed ability test. 
C)  A bona fide occupational qualification (BFOQ). 
D)  All of these. 
A)  A bona fide seniority or merit system. 
B)  A professionally developed ability test. 
C)  A bona fide occupational qualification (BFOQ). 
D)  All of these.

Question 20

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)  Such claims may be brought under all of the above. 
A)  Title VII. 
B)  The Equal Pay Act. 
C)  OSHA. 
D)  Such claims may be brought under all of the above.

Exam 41: Employment Law

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.

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 disparate impact case, the Civil Rights Act of 1991 now provides that if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff cannot win.

The tort of invasion of privacy actually consists of:

What are the remedies available for violations of the Civil Rights Act of 1964?

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.

Under the Pregnancy Discrimination Act:

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

Reverse discrimination refers to achieving affirmative action by remedying the underrepresentation of a given race or sex in a traditionally segregated job by considering race and gender when hiring or promoting individuals.

Under the Equal Pay Act:

A "closed shop" is:

The Equal Pay Act has been interpreted by the courts to require equal pay for men and women based upon the concept of "substantially equal" rather than identical work.

Elmer is 55 years old and was recently laid off from his job at the Mid-America Corporation. He has applied for 30 different jobs, but has been told that the companies prefer younger workers. Does Elmer have any recourse under federal law?

The Americans with Disabilities Act requires businesses to make special accommodations for handicapped workers and customers unless the cost is unduly burdensome.

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.

The Landrum-Griffin Act would protect against:

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

The Civil Rights Act of 1964 provides which of the following defenses?

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

Introduction to Law

Business Ethics

Civil Dispute Resolution

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Negligence and Strict Liability

Introduction to Contracts

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