Question 1

Employers are subject to civil, but not criminal, penalties for violations of the Occupational Safety and Health Act.

Accepted Answer

A) True 
 B)False

Question 2

Privacy protection for employees includes a federal statute prohibiting private employers from requiring employees or prospective employees to undergo a lie detector test.

Accepted Answer

A) True 
 B)False

Question 3

The Vietnam Veterans Readjustment Act requires:

Accepted Answer

A)  firms having at least $10,000 in federal contracts to engage in affirmative action for disabled and Vietnam-era veterans. 
B)  all Vietnam veterans to register with the EEOC. 
C)  all firms receiving federal contracts to engage in affirmative action for disabled and Vietnam-era veterans. 
D)  all firms to engage in affirmative action for Vietnam-era veterans. 
A)  firms having at least $10,000 in federal contracts to engage in affirmative action for disabled and Vietnam-era veterans. 
B)  all Vietnam veterans to register with the EEOC. 
C)  all firms receiving federal contracts to engage in affirmative action for disabled and Vietnam-era veterans. 
D)  all firms to engage in affirmative action for Vietnam-era veterans.

Question 4

The Landrum-Griffin Act attempts to eradicate corruption through an elaborate reporting system and a union "bill of rights" designed to make unions more democratic.

Accepted Answer

A) True 
 B)False

Question 5

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

Question 6

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 7

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 8

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 9

The Recreation and Parks Agency of the state government has six employees and is interviewing for a person to teach gymnastics and arts and crafts to 3-5 year olds.Ed, age 68, applies but is told he is too old.If he sues under the Age Discrimination in Employment Act, the agency's best defense would be that:

Accepted Answer

A)  they are not subject to the Act since they only have six employees. 
B)  the agency, as part of state government, is not subject to the Act. 
C)  this is not a salary dispute. 
D)  Ed is not able to do gymnastics. 
A)  they are not subject to the Act since they only have six employees. 
B)  the agency, as part of state government, is not subject to the Act. 
C)  this is not a salary dispute. 
D)  Ed is not able to do gymnastics.

Question 10

Under the Americans with Disabilities Act:

Accepted Answer

A)  punitive and compensatory damages are not recoverable. 
B)  only governmental employees are covered. 
C)  punitive damages for intentional discrimination are subject to a ceiling depending on company size. 
D)  an employer may not use tests that screen out workers with disabilities. 
A)  punitive and compensatory damages are not recoverable. 
B)  only governmental employees are covered. 
C)  punitive damages for intentional discrimination are subject to a ceiling depending on company size. 
D)  an employer may not use tests that screen out workers with disabilities.

Question 11

The Rehabilitation Act prohibits discrimination against the handicapped in federal programs and programs receiving federal financial aid.

Accepted Answer

A) True 
 B)False

Question 12

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 13

A union is engaged in a labor dispute with Hawkins, Inc.To force Hawkins into resolving the dispute in the union's favor, the union organizes a strike against Boxwell Co., with which the union has no dispute.The union agrees to stop the strike if Boxwell agrees to stop doing business with Hawkins.The strike against Boxwell is a prohibited unfair labor practice under the LMRA.

Accepted Answer

A) True 
 B)False

Question 14

Who administers the federal unemployment compensation laws?

Accepted Answer

A)  The federal courts. 
B)  The Social Security Administration. 
C)  The states. 
D)  The NLRB. 
A)  The federal courts. 
B)  The Social Security Administration. 
C)  The states. 
D)  The NLRB.

Question 15

Fixit Co., a four-person business, employs Wesley as a full-time mechanic.One day while welding a frame modification on a sports car, Wesley paid no attention to a clearly visible oil leak dripping from the engine compartment of the car.The welding torch ignited the oil, causing a fire in which Wesley was badly burned.Which of the following BEST describes the rights of the parties?

Accepted Answer

A)  Fixit is probably liable to Wesley under a workers' compensation statute despite the fact Wesley may have been contributorily negligent when he ignored the oil leak. 
B)  Wesley cannot recover workers' compensation benefits, but can sue Fixit for failing to provide a safe working environment. 
C)  Wesley cannot recover workers' compensation since federal law requires that an employer have at least 25 employees before he must provide workers' compensation benefits. 
D)  Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care by auto mechanics. 
A)  Fixit is probably liable to Wesley under a workers' compensation statute despite the fact Wesley may have been contributorily negligent when he ignored the oil leak. 
B)  Wesley cannot recover workers' compensation benefits, but can sue Fixit for failing to provide a safe working environment. 
C)  Wesley cannot recover workers' compensation since federal law requires that an employer have at least 25 employees before he must provide workers' compensation benefits. 
D)  Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care by auto mechanics.

Question 16

Limber, Inc., a company covered by the NLRA, is engaged in negotiations with one of its major unions.If Limber issues a factually correct statement regarding its financial status along with the opinion of its auditors that meeting the union demands would require the company to close down, it is likely that Limber will be in compliance with the act.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following would NOT be a violation of Title VII of the Civil Rights Act of 1964? An employer refuses to hire an applicant for a job because the person is:

Accepted Answer

A)  Hispanic. 
B)  a woman. 
C)  sixty-four years old. 
D)  a Mormon. 
A)  Hispanic. 
B)  a woman. 
C)  sixty-four years old. 
D)  a Mormon.

Exam 41: Employment Law

Employers are subject to civil, but not criminal, penalties for violations of the Occupational Safety and Health Act.

Privacy protection for employees includes a federal statute prohibiting private employers from requiring employees or prospective employees to undergo a lie detector test.

The Vietnam Veterans Readjustment Act requires:

The Landrum-Griffin Act attempts to eradicate corruption through an elaborate reporting system and a union "bill of rights" designed to make unions more democratic.

Under the Equal Pay Act:

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?

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 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.

Under the Americans with Disabilities Act:

The Rehabilitation Act prohibits discrimination against the handicapped in federal programs and programs receiving federal financial aid.

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.

Who administers the federal unemployment compensation laws?

Which of the following would NOT be a violation of Title VII of the Civil Rights Act of 1964? An employer refuses to hire an applicant for a job because the person 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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