Question 1

The Pregnancy Discrimination Act extended the benefits of Title VII to pregnant women.

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

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

Question 4

Regarding drug and alcohol testing of employees by employers:

Accepted Answer

A) the NLRB makes it a mandatory subject of collective bargaining in a union setting. 
B) the constitutional protection from unwarranted search and seizure protects private sector employees from the practice. 
C) the Constitution prohibits any public sector employer from testing its employees under any circumstances without a warrant. 
D) federal legislation sets forth comprehensive guidelines for the practice. 
A) the NLRB makes it a mandatory subject of collective bargaining in a union setting. 
B) the constitutional protection from unwarranted search and seizure protects private sector employees from the practice. 
C) the Constitution prohibits any public sector employer from testing its employees under any circumstances without a warrant. 
D) federal legislation sets forth comprehensive guidelines for the practice.

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

The Equal Employment Opportunity Commission is empowered to:

Accepted Answer

A) file legal actions in its own name but not to intervene in actions filed by third parties. 
B) attempt to resolve alleged violations through informal means prior to bringing suit. 
C) investigate all charges of discrimination. 
D) (a) and (b) 
E) (b) and (c) 
A) file legal actions in its own name but not to intervene in actions filed by third parties. 
B) attempt to resolve alleged violations through informal means prior to bringing suit. 
C) investigate all charges of discrimination. 
D) (a) and (b) 
E) (b) and (c)

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

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 9

Victims of racial discrimination are entitled to recover unlimited compensatory and punitive damages even after the Civil Rights Act of 1991.

Accepted Answer

A) True 
 B)False

Question 10

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 of 1967, 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) there is a bona fide seniority system. 
C) Ed is not able to do gymnastics. 
D) this is not a salary dispute. 
A) they are not subject to the Act since they only have six employees. 
B) there is a bona fide seniority system. 
C) Ed is not able to do gymnastics. 
D) this is not a salary dispute.

Question 11

In Burlington Northern & Santa Fe Railway Company v.White, the court ruled:

Accepted Answer

A) the substantive provision of Title VII seeks to prevent harm to individuals based on their conduct. 
B) the anti-retaliation provision of Title VII protects an individual not from all retaliation, but from retaliation that produces an injury or harm. 
C) reassignment of job duties is automatically actionable as a retaliation under Title VII. 
D) the jury's conclusion that the 37-day suspension without pay was materially adverse was unreasonable. 
A) the substantive provision of Title VII seeks to prevent harm to individuals based on their conduct. 
B) the anti-retaliation provision of Title VII protects an individual not from all retaliation, but from retaliation that produces an injury or harm. 
C) reassignment of job duties is automatically actionable as a retaliation under Title VII. 
D) the jury's conclusion that the 37-day suspension without pay was materially adverse was unreasonable.

Question 12

Garaty, Inc.is currently engaged in negotiations with one of its major unions.The company is covered by the NLRA.If Garaty 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 Garaty will be in compliance with the act.

Accepted Answer

A) True 
 B)False

Question 13

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 14

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

Accepted Answer

A) True 
 B)False

Question 15

The Equal Pay Act requires that employees of Native American ancestry and employees of Italian ancestry be paid equally for equal work.

Accepted Answer

A) True 
 B)False

Question 16

The EEOC allows discrimination in employment because of differences in bona fide occupational qualifications.

Accepted Answer

A) True 
 B)False

Question 17

After the employee has demonstrated that the employer pays unequal wages for equal work to members of the opposite sex, the burden shifts to the employer to prove that the pay differential is based on:

Accepted Answer

A) a seniority system. 
B) a merit system. 
C) a system that measures earnings by quantity or quality of production. 
D) any factor except gender. 
E) All of the above. 
A) a seniority system. 
B) a merit system. 
C) a system that measures earnings by quantity or quality of production. 
D) any factor except gender. 
E) All of the above.

Question 18

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 19

The Supreme Court has held that the Constitution prevents all employers from subjecting employees to drug testing without first obtaining a search warrant.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following is NOT covered by the Fair Labor Standards Act?

Accepted Answer

A) Minimum wages. 
B) Hours of employment. 
C) Child labor. 
D) Defined benefit plans. 
A) Minimum wages. 
B) Hours of employment. 
C) Child labor. 
D) Defined benefit plans.

Exam 42: Employment Law

The Pregnancy Discrimination Act extended the benefits of Title VII to pregnant women.

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

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

Regarding drug and alcohol testing of employees by employers:

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

The Equal Employment Opportunity Commission is empowered to:

Under the Pregnancy Discrimination Act:

The Landrum-Griffin Act would protect against:

Victims of racial discrimination are entitled to recover unlimited compensatory and punitive damages even after the Civil Rights Act of 1991.

In Burlington Northern & Santa Fe Railway Company v.White, the court ruled:

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

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

The Equal Pay Act requires that employees of Native American ancestry and employees of Italian ancestry be paid equally for equal work.

The EEOC allows discrimination in employment because of differences in bona fide occupational qualifications.

After the employee has demonstrated that the employer pays unequal wages for equal work to members of the opposite sex, the burden shifts to the employer to prove that the pay differential is based on:

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

The Supreme Court has held that the Constitution prevents all employers from subjecting employees to drug testing without first obtaining a search warrant.

Which of the following is NOT covered by the Fair Labor Standards Act?

Introduction to Law

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Civil Dispute Resolution

Constitutional Law

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Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

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Conduct Invalidating Assent

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Relationship of Principal and Agent

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Formation and Internal Relations of General Partnerships

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Nature and Formation of Corporations

Financial Structure of Corporations

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Secured Transactions and Suretyship

Bankruptcy

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