Question 1

Employee privacy:

Accepted Answer

A)  relates to drug and alcohol testing. 
B)  is protected by the common law "invasion of privacy" torts. 
C)  relates to polygraph testing. 
D)  All of these are true. 
A)  relates to drug and alcohol testing. 
B)  is protected by the common law "invasion of privacy" torts. 
C)  relates to polygraph testing. 
D)  All of these are true.

Question 2

A union shop contract requires the employer to hire only union members.

Accepted Answer

A) True 
 B)False

Question 3

State statutes sometimes cover areas that are not covered by federal employment law.

Accepted Answer

A) True 
 B)False

Question 4

The Landrum-Griffin Act would protect against:

Accepted Answer

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

Question 5

IBN has two manufacturing facilities, one in New York and one in 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 per hour; Ellen-$19.50 per hour; Hank-$14 per hour.Is there a violation of the Equal Pay Act?

Accepted Answer

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

Question 6

The Pregnancy Discrimination Act protects the job reinstatement rights of women returning from maternity leave.

Accepted Answer

A) True 
 B)False

Question 7

The LMRA prohibits the closed shop, although it permits the existence of a union shop unless state right-to-work laws prohibit them.

Accepted Answer

A) True 
 B)False

Question 8

An employer's interference with the employee's right to bargain collectively is not an unfair labor practice.

Accepted Answer

A) True 
 B)False

Question 9

Webster Industries has a unionized workforce.Fredrick's job of operating a stamping machine has been eliminated by technological advances, but the union is requiring Webster to pay Fredrick for the work he would have performed had the machine still been in operation.This requirement is a violation of:

Accepted Answer

A)  the Norris-LaGuardia Act. 
B)  no labor law; it is just a result of lawful, effective union negotiation. 
C)  the National Labor Relations Act. 
D)  the Labor-Management Relations Act. 
A)  the Norris-LaGuardia Act. 
B)  no labor law; it is just a result of lawful, effective union negotiation. 
C)  the National Labor Relations Act. 
D)  the Labor-Management Relations Act.

Question 10

The ADA provides for remedies that are generally the same as those available under Title VII.

Accepted Answer

A) True 
 B)False

Question 11

Remedies for the Equal Pay Act would include:

Accepted Answer

A)  employer fines. 
B)  enjoining the employer from further unlawful conduct. 
C)  an award of non-liquidated damages. 
D)  All of these. 
A)  employer fines. 
B)  enjoining the employer from further unlawful conduct. 
C)  an award of non-liquidated damages. 
D)  All of these.

Question 12

Identify the three types of discriminatory conduct, including disparate treatment, prohibited by Title VII of the Civil Rights Act of 1964.

Accepted Answer

Title VII prohibits using proscribed cri

Question 13

ABC Company sells nursery products.It only hires women as sales representatives because it thinks that its customers relate better to women.Which of the following is true?

Accepted Answer

A)  This is a violation of Title VII of the 1964 Civil Rights Act. 
B)  This is an example of a bona fide occupational qualification. 
C)  This is a violation of the Equal Pay Act. 
D)  None of these. 
A)  This is a violation of Title VII of the 1964 Civil Rights Act. 
B)  This is an example of a bona fide occupational qualification. 
C)  This is a violation of the Equal Pay Act. 
D)  None of these.

Question 14

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 15

Shopville Industries, Inc., a nonconstruction employer of 35 people, is subject to the Executive Order prohibiting discrimination based on race, sex, religion, or national origin by federal contractors:

Accepted Answer

A)  only if it has contracts for more than $100,000. 
B)  under no circumstances since the Executive Order only applies to construction contractors. 
C)  regardless of the dollar value of its contracts. 
D)  only if it has contracts for more than $50,000. 
A)  only if it has contracts for more than $100,000. 
B)  under no circumstances since the Executive Order only applies to construction contractors. 
C)  regardless of the dollar value of its contracts. 
D)  only if it has contracts for more than $50,000.

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

In recent years, the courts have unanimously reinforced the common law doctrine of employment at will.

Accepted Answer

A) True 
 B)False

Question 18

In a disparate treatment case:

Accepted Answer

A)  an employer will not prevail in the face of a plaintiff's prima facie case unless it can articulate legitimate, non-discriminatory reasons for its actions. 
B)  if a plaintiff can show that a defendant's allegedly legitimate reason for not hiring plaintiff is merely a pretext for discrimination, the plaintiff wins. 
C)  if the plaintiff meets the burden of proving a prima facie case, the burden of proof shifts to the employer. 
D)  All of these. 
A)  an employer will not prevail in the face of a plaintiff's prima facie case unless it can articulate legitimate, non-discriminatory reasons for its actions. 
B)  if a plaintiff can show that a defendant's allegedly legitimate reason for not hiring plaintiff is merely a pretext for discrimination, the plaintiff wins. 
C)  if the plaintiff meets the burden of proving a prima facie case, the burden of proof shifts to the employer. 
D)  All of these.

Question 19

A "closed shop" is:

Accepted Answer

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

Question 20

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 comm

Exam 41: Employment Law

Employee privacy:

A union shop contract requires the employer to hire only union members.

State statutes sometimes cover areas that are not covered by federal employment law.

The Landrum-Griffin Act would protect against:

The Pregnancy Discrimination Act protects the job reinstatement rights of women returning from maternity leave.

The LMRA prohibits the closed shop, although it permits the existence of a union shop unless state right-to-work laws prohibit them.

An employer's interference with the employee's right to bargain collectively is not an unfair labor practice.

The ADA provides for remedies that are generally the same as those available under Title VII.

Remedies for the Equal Pay Act would include:

Identify the three types of discriminatory conduct, including disparate treatment, prohibited by Title VII of the Civil Rights Act of 1964.

ABC Company sells nursery products.It only hires women as sales representatives because it thinks that its customers relate better to women.Which of the following is true?

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.

Shopville Industries, Inc., a nonconstruction employer of 35 people, is subject to the Executive Order prohibiting discrimination based on race, sex, religion, or national origin by federal contractors:

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

In recent years, the courts have unanimously reinforced the common law doctrine of employment at will.

In a disparate treatment case:

A "closed shop" is:

Introduction to Law

Business Ethicspart Ii: the Legal Environment of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Negligence and Strict Liabilitypart Iii: Contracts

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 Remediespart Iv: Sales

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remediespart V: Negotiable Instruments

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transferspart Vi: Agency

Relationship of Principal and Agent

Relationship With Third Partiespart Vii: Business Associations

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporationspart Viii: Debtor and Creditor Relations

Secured Transactions and Suretyship

Bankruptcypart Ix: Regulation of Business

Securities Regulation

Intellectual Property

Antitrust

Accountants Legal Liability

Consumer Protection

International Business Lawpart X: Property

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

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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