Question 1

A defense available to the employer in an action for workers' compensation is that:

Accepted Answer

A) the employee assumed the risk. 
B) the employee's injury happened before he came to work. 
C) the employee was contributorily negligent. 
D) a co-worker caused the injury. 
A) the employee assumed the risk. 
B) the employee's injury happened before he came to work. 
C) the employee was contributorily negligent. 
D) a co-worker caused the injury. B

Question 2

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

Accepted Answer

A) True 
 B)False  False

Question 3

Active recruitment of minority applicants to meet hiring goals is termed :

Accepted Answer

A) reverse discrimination. 
B) affirmative action. 
C) comparable worth. 
D) BFOQ. 
A) reverse discrimination. 
B) affirmative action. 
C) comparable worth. 
D) BFOQ. B

Question 4

Which of the following is correct about employment relationships?

Accepted Answer

A) State statutes protect workers from discriminatory discharge for filing workers' compensation claims. 
B) Under the common law, a person cannot be fired for "any reason at all." 
C) Courts have not created exceptions to the employment-at-will doctrine by imposing tort obligations on employers. 
D) The U.S.Supreme Court recently reaffirmed the basic "at will" rule. 
A) State statutes protect workers from discriminatory discharge for filing workers' compensation claims. 
B) Under the common law, a person cannot be fired for "any reason at all." 
C) Courts have not created exceptions to the employment-at-will doctrine by imposing tort obligations on employers. 
D) The U.S.Supreme Court recently reaffirmed the basic "at will" rule.

Question 5

Under the Equal Pay Act of 1963:

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 6

Sexual harassment is an illegal form of sexual discrimination that includes:

Accepted Answer

A) unwelcome sexual advances. 
B) requests for sexual favors in return for job promotion. 
C) unwanted verbal or physical conduct of a sexual nature where the subject of the unwanted advances has made known to the perpetrator that the actions are unwanted and the conduct reasonably interferes with the subject's work performance. 
D) All of the above. 
E) (a) and (b) but not (c). 
A) unwelcome sexual advances. 
B) requests for sexual favors in return for job promotion. 
C) unwanted verbal or physical conduct of a sexual nature where the subject of the unwanted advances has made known to the perpetrator that the actions are unwanted and the conduct reasonably interferes with the subject's work performance. 
D) All of the above. 
E) (a) and (b) but not (c).

Question 7

Under the Civil Rights Act of 1991:

Accepted Answer

A) only victims of racial discrimination can recover compensatory and punitive damages for intentional discrimination. 
B) victims of intentional racial discrimination are still entitled to receive unlimited compensatory and punitive damages. 
C) victims of sex discrimination are no longer subject to ceilings on the amount of recoverable punitive damages. 
D) victims of disability discrimination are not subject to ceilings on the amount of recoverable compensatory damages. 
E) (b), (c), and (d) are all correct. 
A) only victims of racial discrimination can recover compensatory and punitive damages for intentional discrimination. 
B) victims of intentional racial discrimination are still entitled to receive unlimited compensatory and punitive damages. 
C) victims of sex discrimination are no longer subject to ceilings on the amount of recoverable punitive damages. 
D) victims of disability discrimination are not subject to ceilings on the amount of recoverable compensatory damages. 
E) (b), (c), and (d) are all correct.

Question 8

The Social Security system has five major benefit programs, one of which is Medicare.

Accepted Answer

A) True 
 B)False

Question 9

Under the Americans with Disabilities Act (ADA) of 1990, an employer may not use qualification standards, tests, or selection criteria that screen out disabled workers because of business necessity even if they are job related.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following are prohibited under Title VII of the 1964 Civil Rights Act?

Accepted Answer

A) Seniority systems. 
B) Affirmative action programs. 
C) Disparate impact. 
D) All of the above. 
A) Seniority systems. 
B) Affirmative action programs. 
C) Disparate impact. 
D) All of the above.

Question 11

Who administers the federal unemployment compensation laws?

Accepted Answer

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

Question 12

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 13

The Equal Pay Act requires 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

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

Question 15

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

Question 16

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. 
C) Self-employed individuals pay the full cost of contributions. 
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. 
C) Self-employed individuals pay the full cost of contributions. 
D) Social Security consists of four main programs: OASI, DI, Medicare, and SSI.

Question 17

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 the above. 
E) None of the above. 
A) A bona fide seniority or merit system. 
B) A professionally developed ability test. 
C) A bona fide occupational qualification (BFOQ). 
D) All of the above. 
E) None of the above.

Question 18

Under the Age Discrimination in Employment Act (ADEA), which of these defenses are available?

Accepted Answer

A) A bona fide occupational qualification. 
B) A bona fide seniority system. 
C) Any reasonable action. 
D) All of the above. 
E) (a) and (b), but not (c). 
A) A bona fide occupational qualification. 
B) A bona fide seniority system. 
C) Any reasonable action. 
D) All of the above. 
E) (a) and (b), but not (c).

Question 19

The Fair Labor Standards Act would concern which of the following?

Accepted Answer

A) Working hours for children employed picking strawberries. 
B) Minimum hourly wage for a factory worker. 
C) Overtime pay for managers. 
D) Attorney fees. 
E) Both (a) and (b) above are correct. 
A) Working hours for children employed picking strawberries. 
B) Minimum hourly wage for a factory worker. 
C) Overtime pay for managers. 
D) Attorney fees. 
E) Both (a) and (b) above are correct.

Question 20

The Civil Rights Act of 1991 provides that victims of sex discrimination no longer face limits on compensatory and punitive damages.

Accepted Answer

A) True 
 B)False

Exam 42: Employment Law

A defense available to the employer in an action for workers' compensation is that:

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

Active recruitment of minority applicants to meet hiring goals is termed :

Which of the following is correct about employment relationships?

Under the Equal Pay Act of 1963:

Sexual harassment is an illegal form of sexual discrimination that includes:

Under the Civil Rights Act of 1991:

The Social Security system has five major benefit programs, one of which is Medicare.

Under the Americans with Disabilities Act (ADA) of 1990, an employer may not use qualification standards, tests, or selection criteria that screen out disabled workers because of business necessity even if they are job related.

Which of the following are prohibited under Title VII of the 1964 Civil Rights Act?

Who administers the federal unemployment compensation laws?

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

The Equal Pay Act requires equal pay for men and women based upon the concept of "substantially equal" rather than identical work.

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

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

Which of the following is NOT true about social security?

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

Under the Age Discrimination in Employment Act (ADEA), which of these defenses are available?

The Fair Labor Standards Act would concern which of the following?

The Civil Rights Act of 1991 provides that victims of sex discrimination no longer face limits on compensatory and punitive damages.

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

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

Filters