Question 1

Briefly trace the history of labor law in the United States. In your discussion, identify four major federal labor laws and their purposes.

Accepted Answer

Traditionally, labor law opposed concert

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

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 4

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 5

The Supreme Court has held that the plaintiff will have shown a prima facie case of discrimination if:

Accepted Answer

A)  she is within a protected class. 
B)  she was qualified for and applied for an open position and was denied the job. 
C)  after rejecting the complainant, the employer continued to try to fill the position from applicants with the complainant's qualifications. 
D)  A combination of all of these. 
A)  she is within a protected class. 
B)  she was qualified for and applied for an open position and was denied the job. 
C)  after rejecting the complainant, the employer continued to try to fill the position from applicants with the complainant's qualifications. 
D)  A combination of all of these.

Question 6

Which of the following defenses does not apply to discrimination based on race?

Accepted Answer

A)  A bona fide seniority system. 
B)  A professionally developed ability test. 
C)  A bona fide occupational qualification. 
D)  None of these. 
A)  A bona fide seniority system. 
B)  A professionally developed ability test. 
C)  A bona fide occupational qualification. 
D)  None of these.

Question 7

Which of the following is NOT true about Social Security?

Accepted Answer

A)  The purpose is to provide full retirement to almost all employees. 
B)  Employers and employees share the cost of contributions for the employees' benefit. 
C)  Self-employed individuals pay the full cost of contributions for their benefit. 
D)  Social security consists of four main programs: OASI, DI, Medicare, and SSI. 
A)  The purpose is to provide full retirement to almost all employees. 
B)  Employers and employees share the cost of contributions for the employees' benefit. 
C)  Self-employed individuals pay the full cost of contributions for their benefit. 
D)  Social security consists of four main programs: OASI, DI, Medicare, and SSI.

Question 8

The Civil Rights Act of 1964 would scrutinize which of the following situations?

Accepted Answer

A)  A woman engineer was denied a job for which she was qualified. 
B)  A short man was denied employment as a busboy. 
C)  A two-man partnership with two employees refused to hire a qualified black attorney. 
D)  All of these would be scrutinized. 
A)  A woman engineer was denied a job for which she was qualified. 
B)  A short man was denied employment as a busboy. 
C)  A two-man partnership with two employees refused to hire a qualified black attorney. 
D)  All of these would be scrutinized.

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

Remedies for the Equal Pay Act would include:

Accepted Answer

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

Question 11

Judicial limitations on the employment-at-will doctrine have been based on:

Accepted Answer

A)  contract law. 
B)  tort law. 
C)  public policy. 
D)  All of these. 
A)  contract law. 
B)  tort law. 
C)  public policy. 
D)  All of these.

Question 12

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 13

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

Question 14

In a disparate treatment case:

Accepted Answer

A)  if the plaintiff meets the burden of proving a prima facie case, the burden of proof shifts to the employer. 
B)  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. 
C)  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. 
D)  All of these. 
A)  if the plaintiff meets the burden of proving a prima facie case, the burden of proof shifts to the employer. 
B)  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. 
C)  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. 
D)  All of these.

Question 15

The Fair Labor Standards Act regulates child labor in agricultural employment.

Accepted Answer

A) True 
 B)False

Question 16

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 17

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

Accepted Answer

A) True 
 B)False

Question 18

Which of the following activities is identified as an unfair employer practice under the NLRA?

Accepted Answer

A)  To interfere with employees' rights to unionize and bargain collectively. 
B)  To refuse to bargain in good faith with duly established employee representatives. 
C)  To discriminate against union members. 
D)  All of these. 
A)  To interfere with employees' rights to unionize and bargain collectively. 
B)  To refuse to bargain in good faith with duly established employee representatives. 
C)  To discriminate against union members. 
D)  All of these.

Question 19

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 20

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

Exam 41: Employment Law

Briefly trace the history of labor law in the United States. In your discussion, identify four major federal labor laws and their purposes.

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

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

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

The Supreme Court has held that the plaintiff will have shown a prima facie case of discrimination if:

Which of the following defenses does not apply to discrimination based on race?

Which of the following is NOT true about Social Security?

The Civil Rights Act of 1964 would scrutinize which of the following situations?

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

Remedies for the Equal Pay Act would include:

Judicial limitations on the employment-at-will doctrine have been based on:

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?

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:

In a disparate treatment case:

The Fair Labor Standards Act regulates child labor in agricultural employment.

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

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

Which of the following activities is identified as an unfair employer practice under the NLRA?

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

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.

Introduction to Law

Business Ethics

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

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

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 Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Antitrust

Accountants Legal Liability

Consumer Protection

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 Wills

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